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HomeMy WebLinkAbout04745 - DUDEK GABAY SPRINGS Dudek & Associates EIR AGREEMENT A4745 Amend 2 MO 7667 05-04-05 SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT#A4745 WITH DUDEK & ASSOCIATES, INC. FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT THIS SECOND AMENDMENT TO THE CONTRACT SERVICES AGREEMENT NO. A4745 ("Second Amendment"), is made and entered into this 4th day of May, 2005, by and between the City of Palm Springs,a municipal corporation,("City")and Dudek&Associates, Inc.("Contractor)", and amends that certain Contract Services Agreement dated July 30, 2003, and as previously amended by a First Amendment, between the City and Contractor, as follows: 1. Section 2.1 Contract Sum - The existing Section 2.1 is hereby further amended to add $22,150.00 to the Contract for a total contract amount not to exceed $157,275.00 dollars ("Contract Sum"). 2. Exhibit"A"Scope of Services Task 3: Preparation of Screencheck Environmental Impact Report shall be amended to include as part of the EIR, revisions to the project description and EIR analysis sections and for management of the traffic analysis by Endo Engineering as described in the attached Exhibit "A-2" dated March 30, 2005. 3. Exhibit "C" Schedule of Compensation. Task 3: "Submittal of Screencheck Draft EIR to City' shall be amended to add $22,150.00 to the Payment Amount for a total Payment Amount under this task of$73,294.00 and total compensation of$157,275.00 for the work to be performed under the Agreement. [END—Signatures on Next Page] IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment to Agreement No. A4745 as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation Ci y >lerk City Manager APPROVED'",S TO FORM: APPROVED By CITY COUNCIL City Attorney �, V ' ��� rL CONTRACTOR: Check one: _Individual _Partnership jCorporation (Corporations require two notarized signatures: One signature must be from the Chairman of Board,PresJOet,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assi tantTreasurer, or Chief Financial Officer). Notarized Signature of Chairman of Board, ( Notarized Signatt re S retary,Asst Secretary, President or any Vice President Tredsarrf,Asst Tre re or Chief Financial Officer Name: (It'ne C(OIf�/A!S Name: ��PiF. ( Ca4','.er,' Title: V(c.6 �Fr& ,I de4l—1 Title: C--�-O State of (ked T'DYN/(l}} State of Cd.Cl°rvr'V,tA County of,� o iylg �ss �+" 1 Counbj of.�4Nt_ '31 f�p Jss On -lty��%r- g5, before me, On Outalaar CaI21�s before me, ��t�IC"8 ✓1 R)UILAng POW it,personally appeared �.W fP061 i Ppersonally appeared 11 f. Go i [I r)S ersonaii kn., - o ha v tL( 6cc( -W� e- Ioersor�Ily1y14:Nn to 't�e)(or proved to me on the basis of satisfactory evidence)to be tSSe(or proved to me on the basis of satisfactory evidence)to be f e person(a) whose name(c)(s arc subscribed to the within the personLp4 whose nameA jpare subscribed to the within instrument and acknowledged to me that he4&4hey executed instrument and acknowledged to me that jle shefftray executed the same in NEW&/Ipeir authorized capacityTieef,and that by the same in(RhefAl reir authorized capacity(iest,, and that by 4s ie their signature(Sfon the instrument the person(ey,or the �ee signature(sy0n the instrument the personK,or the entity upon behalf of which the personWacted,executed the entity upon behalf of which the personjS)-acted, executed the instrument. instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Notary Signature: iS�'7JYX.�/(iCx. Signature:— Notary Seal: Notary Seal: �` EXHIBIT"A-2" TO SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT #A4745 WITH DUDEK&ASSOCIATES, INC. FOR PREPARATION OF EIR Y I Engineering,Planning, Corporate Office: 8c ASSOCIAM INC. Environmental Sciences and 605 Third Street 760.942.5147 r.r co,npruHoi= Management Services Encinitas,California 92024 Fax 760.637.0164 March 30,2005 3881-01 Alex Meyerhoff City of Palm Springs j 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 ISubject: Revised Additional Work Request — The Springs Commercial Center,Environmental Impact Report Dear Alex: Pursuant to our discussion,Dudek and Associates is requesting approval of this additional scope and budget as an amendment to the existing contract for preparation of The Springs Commercial Center EIR. It is our understanding that the existing contract has expired and that Staff will be presenting the contract to the City Council for an extension. As a result of changes in the project and changes in conditions that have occurred since work on the project was suspended, the contract extension will also be accompanied by a contract amendment. It is our assumption that all of the remaining budget in the existing contract will be retained through the contract extension, and that the following scope of work and costs will be added to the contract. In addition to the aforementioned project changes, per you request we are including Endo Engineering as a subconsultant to provide peer review of the revised traffic study. The following provides detail on the scope of work and costs: TASK 1: Revisions to Project Description and EIR Analysis Sections It is our understanding that there will be modifications to the proposed project design that will require changes in the project description and analysis sections of the screencheck EIR previously submitted to the City. It is anticipated that an additional screencheck will be required to resume processing of the project and City staff review. In addition, the revised analysis will examine changed conditions in the project site and local environment to ensure that the EIR adequately assesses existing baseline conditions. A review of planning and regulatory conditions will be included in this task. In particular, the Riverside County Airport Land Use Compatibility Plan update has been adopted since the time of publication of the screencheck EIR. The current raPk it It �()(1'1 Mr.Alex Meyerhoff Re: Additional Work Request — The Springs Commercial Center Environmental Impact i Report I I ALUCP includes restrictions that may result in incompatibility based on the latest version of the site plan that Dudek has reviewed. The EBt will also include updates of other technical analyses based on the revised traffic study, including air quality and noise. The following provides a breakdown and summary of costs for the revised screencheck. Sections of the document that are not anticipated to require revisions are not included in this contract amendment request: EXECUTIVE SUMMARY................... ...................$820.00 .......................................................... INTRODUCTION..............................................................................................................$840.00 PROJECT DESCRIPTION............................................................................................$1,400.00 ENVIRONMENTAL SETTING ...................................................................................$1,620.00 ENVIRONMENTAL ANALYSIS Aesthetics ..................................................................................................................$740.00 AirQuality ................................................................................................... $1,480.00 Geology/Soils ...........................................................................................................$580.00 Hazards and Hazardous Materials ......_................................................................$1,230.00 Hydrology and Water Quality..................................................................................$860.00 Land Use and Planning .........................................................................................$1,770.00 Noise ....................................................................................................................$1,640.00 Public Services and Utilities ....................................................................................$950.00 Transportation and Traffic ....................................................................................$1,580.00 OTHER TOPICS REQUIRED BY CEQA Growth Inducing Impacts of the Reposed Project ..................................................$930.00 CumulativeImpacts ..............................................................................................$1,510.00 ALTERNATIVES TO THE PROPOSED PROJECT ....................................................$550.00 SUBTOTAL ..................................................................................................................$18,500.00 TASK 2: Traffic Analysis Peer Review Per the City's request, Dudek and Associates has solicited a scope of work and costs from Endo Engineering to provide peer review/revisions to the project traffic report submitted by Katz, Okitsu and Associates. The attached scope of work and costs (letter proposal dated March 11, 2005)which has been reviewed by City staff provides detail on the proposed work effort. 3881 01 6c ASSOCIATES,INC. 30/2005 2 Mr.Alex Meyerhoff Re: Additional Work Request — The Springs Commercial Center Environmental Impact Report Subconsultant Costs.........................................................................................................$2A,350.00 .Administrative/Management(15%)...................................................................................$3,650.00 TOTAL ADDITIONAL COSTS..................................................................................$46,500.00 It is our assumption that these additional costs and the contract extension will require revisions to the contract milestones and payment amounts. For purposes of those revisions, the additional funding for this work should be added to the First Screencheck FIR line item for contract deliverables. Thank you for the opportunity to continue providing environmental consulting services for The Springs EIR. Please advise me of any additional detail you may need related to the proposed services. Very truly yours, DUDEK&ASSOCIATES,INC. Joe onaco, Senior Project Manager Environmental Sciences Division 3881-01 I�ASSOCLATHS,INC.3r3012005 3 r.ol�aroi�m�le,cemn��nmkn. Dudek & Associates w EIR AGREEMENT A4745 Amend 1 MO 7651 03-23-05 FIRST AMENDMENT TO CONTRACT SERVICES AGREemtN i 7FA4T45 - - WITH DUDEK&ASSOCIATES, INC. FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT NO. A4745 ("First Amendment'), is made and entered into this 23`d day of March, 2005, by and between the City of Palm Springs, a municipal corporation, ("City") and Dudek&Associates, Inc. ("Contractor)', and amends that certain Contract Services Agreement dated July 30, 2003, between the City and Contractor as follows: 1. Section 2.1 Contract Sum-The existing Section 2.1 is hereby amended to add $24,350.00 to the original Contract for a total contract amount not to exceed $135,125.00 dollars ("Contract Sum"). 2. Section 3.4 Term - The existing Section 3.4 is hereby amended to extend the term of this Agreement until December 31, 2005. 3. Exhibit "A" Scope of Services - Section 3.5.5 Transportation, Circulation, and Access is hereby amended to read as follows: 3.5.5 Transportation, Circulation and Access Contractor shall summarize in the EIR the City approved traffic analysis prepared by Endo Engineering as a subcontractor to Contractor as described in the attached Exhibit"A-1"dated March 11, 2005. Based on the technical traffic study, this section will address existing conditions, project impacts, cumulative impacts, and recommend feasible mitigation measures. 4. Exhibit"B"Special Requirements-Section 4.3 is hereby amended to add Endo Engineering as subcontractor for portions of the project scope of work related to the preparation of the traffic analysis. 5. Exhibit"C"Schedule of Compensation-The schedule is hereby amended to add"Task2A- Completion of Endo Engineering Traffic Analysis" with a payment amount of$24,350.00 under this task to be made in a lump sum after completion and total compensation of $135,125.00 for the work to be performed under the Agreement. 6. Exhibit D"Schedule of Performance"-The schedule is hereby amended to extend the task completion dates to December 31, 2005. [END-Signatures on Next Page] IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTES_ : a municipal corporation _ By-� —�, ' �'✓/ 4 lerk City Manager Ah APPROVE©BY CITY COUNCIL APPROVED'l�tS TO FORM: /` By: A.�t G4.,fG✓ City Attorney CONTRACTOR: Check one: _Individual —Partnership �/Corporation (Corporations require two notarized signatures: One signature must be from the Chairman of Board, President, or any Vice President. The second signature must be from the Secreta , Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By: tr Noad Signature of Chairman of Board, Notarized Signature e etary,Asst Secretary, President orr�any Vice President reasl— ur A st Treasy er or Chief Financial Officer Name:J^Ik6� e 80 0 (bin€�G, Name: Ln b`r��y4 Csa v- Title: `�I I � P(e 5 [Ael/L I Title: t ir' 9) State of�f�lrt/iI QI��I�} State of ir.ttLI ` ht County of{01 y) 9)1�)ss County of B l �1 �ss On before me, On Ori- t77 -2n— boy /�D before me, LT'sh.c-cw; dui f�IbL`/I�I� C�personally appeared J,5K—y��pep4gs GSS��Zd2✓q- ey I�hi.personally appeared cJ LAI VIA �� C I i �J ersonal known to t-'t 'J 9 iJt cal/ �"�iT Ipe`rsonallyknown to Minor proved to me on the basis of satisfactory evidence)to be Dor proved to me on the basis of satisfactory evidence)to be the persort(s) whose name(g�i subscribed to the within the person(s)'whose name(s)',64Fe subscribed to the within instrument and acknowledged to me ihat.ge sY /"executed instrument and acknowledged to me thateg shekheyexecuted the same in•h" er,their authorized capacitypesy, and that by ttA same in .ti erNheir authorized capacity4es,, and that by —WsgVP9 their sign�e(.$)on the instrument the person(s) or the (Iasi /hGOthek signaturefsjron the instrument the person(s);or the entiCy�upon behalf of which the person(sracted, executed the entity upon behalf of which the personKacted, executed the instrument. instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Notary y Signature: / Signature: Notary Seal: Notary Seal: EXHIBIT "A-9" TO FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT#A4745 WITH DUDEK &ASSOCIATES, INC. FOR PREPARATION OF EIR PAGE 02/24 1 7 WIN Endo Engineering Traffic Engineering Air Quality Studies Noise Assessments March 11, 2005 Mr. Jon Berg Dudek&Associates Inc. 75-150 Sheryl Avenue-Suite C Palm Desert,CA 92211 SUBJECT. The Springs Retail Center - Traffic Impact Study Peer Review and Correction Proposal Dear Mr.Berg; Endo Engineering appreciates this opportunity to submit a proposal for professional traffic engineering consulting services on a peer review of and corrections to the Traffic Study for The Springs Retail Center (dated February 18, 2005) prepared by Katz, Okitsu and Associates. Endo Engineering has reviewed two drafts of the Traffic Study for The Springs Retail Center (including an earlier version dated November 18, 2004) as well as correspondence drafted by the City of Palm Springs relaying comments on the traffic study and alternatives analysis. We have reviewed the responses to the City of Palm Springs comments in correspondence prepared by Katz, Okitsu and Associates and Latham & Watkins LLP, the legal firm representing Home Depot, Incorporated. We have also reviewed a letter prepared by Mr. David Barakian, the Palm Springs Director of Public Works/City Engineer(dated March 1, 2005) documenting a coordination meeting held at Cathedral City to clarify City concerns, and discuss potential site access alternatives and comments received from Cathedral City in a letter issued in response to the Notice of Preparation of an EIR for The Springs Retail Center. 4 Endo Engineering is very familiar with circulation in the area surrounding the project site, having prepared the approved traffic impact analyses for all but one of the cumulative developments addressed in the Traffic Study for The Springs Retail Center. We have worked closely with Dudek&Associates on major projects in the past and are familiar with the City of Palm Springs required traffic study format,exhibits, and tables. Our extensive experience on major traffic studies for projects in Palm Springs as well as similar retail centers throughout southern California makes our firm uniquely qualified to assist you by reviewing the traffic study and making necessary corrections. It includes impact evaluations of retail centers with Home Depot stores in Lompoc,San Juan Capistrano,and Glendora as well as retail centers with Wal-Mart stores in Palm Springs, Palm Desert, Moreno Valley,Rosemead,and Lompoc(as detailed in Attachment A). Historical Perspective The Springs Shopping Center application was filed by Lary Reeves and Associates on October 30, 2003. The Notice of Preparation (NOP) was mailed on November 19, 2003 and received by the State Clearinghouse on December 1, 2003. The NOP review period ended on December 30, 2003. 28811 Woodcock Drive, Laguna Niguel, CA 92677-1330 Phone: (949) 362-0020 FAX: (949) 362-0015 -------- PAGE 03124 At that time, a traffic analysis was needed to evaluate the potential impacts and identify required mitigation associated with a retail/commercial center with 360,000 square feet of floor area proposed on the northeast corner of the intersection of Gene Autry Trail and Ramon Road. The analysis was expected to provide information for use in the development of an EIR as well as the conditions of approval associated with the proposed development. A traffic impact study was initiated by Katz,Okitsu and Associates in 2003, following verbal coordination with Mr.David Barakian regarding the scope of the analysis and the key issues to be addressed. The initial submittal of the Gene Autry Tralmamon Road Intersection(NEC)Retail Center Traffic Study (dated July 23,2003)was reviewed by the City of Palm Springs and a letter was issued by the City (dated August 21, 2003) with comments on the study. The City noted that the study was deficient in several respects including: (1) the key intersections addressed; (2)the project-related and cumulative impact analysis; (3)the local circulation and site access analysis; (4) documentation regarding signal warrants; and (5) the identification of specific mitigation and a determination of the project's fair share contribution to the cost of required improvements. Four key intersections that were addressed in the Palm Springs Wal-Mart Traffic Study and should have been included in the analysis were not evaluated therein. The description of the intersection of Vella Road and Ramon Road was outdated as were the approach lanes addressed. The trip generation associated with two cumulative projects (indian Oasis and Palm Springs Classic) was not addressed accurately. The project-related trip generation table included two errors in the size of The Springs Retail Center development and omitted one proposed retail building. Although the report suggested that signalized access to the project from both Gene Autry Trail and Ramon Road should be considered, no traffic signal warrant analysis was included and the driveways where left-turn egress was proposed were not identified clearly. Left-turn demand and queuing lengths were not provided for any proposed full- turn site driveways on Ramon Road or Gene Autry Trail. Three full-turn access points were shown on Gene Autry Trail,one of which required a median break within the existing southbound left-turn storage lanes. No analysis was included or recommendations made regarding the three site driveways shown on San L tds Rey Drive in the Site Plan. Required signal placement and left-turn phasing recommendations were not included. The project's fair-share percentage of the cost of area improvements was not identified. The regional roads participating in the TLW program were not identified. The adequacy of the service and delivery truck access and internal circulation became an important issue. The design of service and delivery vehicular ingress and egress should result in minimal interaction between other vehicles and service vehicles so that internal truck circulation patterns will not interfere with automobile and pedestrian movements or with parking near the buildings. Several site access alternatives were identified in an effort to: (1)minimize the potential impacts on San Luis Rey Drive and Mission Drive(the two access routes to the Dream Homes neighborhood), and (2) develop a safe and efficient delivery truck routing plan that would not adversely impact internal circulation or Ramon Road. The scope of the traffic analysis evolved as the proposed project and site access alternatives were refined and legitimate concerns identified in the NOP response from Cathedral City were addressed. To reflect potential changes in the truck access plan that included direct site access to Mission Drive, east of Gene Autry Trail, a new key intersection (Gene Autry Trail at Mission Drive) was added to the analysis. This allowed potential local circulation and delivery truck impacts to be addressed and provided additional data for a signal warrant 2 -------- uwv GIYUIIYGCKIIYU PAGE 04/24 analysis. It also highlighted the need to address the adequacy of signal spacing and operational issues related to the potential for three closely spaced signals on Gene Autry Trail from Ramon Road to Mission Drive. Changes to the Site Development Plan related to refinements in the gross floor area, site access restrictions, and truck access and internal circulation were subsequently reflected in revisions to The Springs Retail Center Traffic Impact Study. The number, design, and location of the proposed site access points on San Luis Rey Drive changed. The applicant was informed that the proposed full-access on Ramon Road would not be allowed left-turn egress by the City of Palm Springs. The new median break and signalized full-turn driveway proposed on Gene Autry Trail was considered at several different locations between Mission Drive and a point 400 feet north of Ramon Road.. Review and approval is required for new signalized median breaks on Gene Autry Trail (State Highway 111)by the Caltrans Development Review Division and viewed by the City of Palm Springs as highly unlikely to occur for the proposed full-access site driveway on Gene Autry Trail. Consequently, the City requested that the traffic study include full documentation of. (1)traffic signal warrants for Gene Autry Trail(at Mission Drive and at the new full-access site driveway) for year 2006 and year 2025 conditions, and (2) operational issues related to three traffic signals on Gene Autry Trail from Ramon Road to Mission Drive. The City of Palm Springs also asked that a detailed analysis be included of four access alternatives identified to permit conclusions to be made and substantiated regarding which alternative provides the most efficient site access for project-related truck traffic while minimizing impacts on Ramon Road,the access routes to the Dream Homes, and Cathedral City streets. Current Situation As more and more modifications to the proposed development and the scope of the traffic analysis were incorporated in the traffic study, discrepancies and errors have inevitably appeared. After several revisions, the most recent version of the Traffic Study for The Springs Retail Center (dated February 18, 2005) was reviewed by City staff in a letter dated March 1, 2005. The City concluded that"...it continues to lack the information we believe is vital to the successful analysis Oi this prOject's iipaC'w^,'> The City and the traffic consultant that prepared the Traffic Study for The Springs Retail Center appear to have reached an impasse. The City has been unsuccessful in its efforts to have the Traffic Study for The Springs Retail Center corrected and revised(as indicated in the letters documenting staff reviews between August 21, 2003 and March 1, 2005) to include an adequate analysis of the proposed project and the four circulation alternatives identified in a meeting and documented in a letter by Marcus Fuller,Senior Civil Engineer at the City of Palm Springs (dated January 5,2005). Since a legally defensible document is required for project approval and the preparation of the EIR,the City has elected to retain an independent traffic engineering firm familiar with the project vicinity to review the most recent version of the traffic study as well as related City correspondence documenting previous staff review comments. Proposed Scope of Work An independent peer review and traffic impact analysis shall be performed using, where appropriate, aspects of the traffic impact analysis submitted by Katz, Okitsu and Associates, including project assumptions and traffic volumes(or supplemental volumes,if more current volumes are available). As directed by City staff, the independent traffic impact study shall be consistent with all reasonable assumptions that appear in Traffic 3 trvuu tnUINtEHINU PAGE 05/24 Study for The Springs Retail Center but also incorporate appropriate corrections and additional analyses that are prudent to include in the EIR. The independent traffic study shall be accurate and able to withstand legal challenges, as it will be used for project approval by the reviewing agencies, as well as the preparation of the EIR for The Springs Planned Development District by Dudek&Associates. Any items identified by Endo Engineering that are technically incorrect and therefore legally indefensible shall be corrected, even if they do not result in a substantial change in the findings or mitigation. All revisions and omissions identified by the City of Palm Springs and Endo Engineering (see Attachments B and C,respectively)shall be corrected, Current and future year 2006 and 2025 daily traffic volumes (for conditions with and without the proposed project)will be provided for use in the preparation of the noise impact analysis. All inconsistencies between the projected volumes shown in various tables and those depicted in the graphics and Appendix worksheets shall be eliminated. Similarly, all of discrepancies noted between the key intersection approach lane geometrics depicted graphically,those assumed for the delay calculations, and those discussed in the narrative portion of the report shall be resolved. Peer Review A formal peer review letter shall be prepared and submitted for City review and approval detailing those reasonable assumptions that will be retained and incorporated in the independent traffic study and those assumptions and analyses that will be changed,with the rationale for the recommended change clearly documented. For example,the current traffic study does not appear to incorporate an adjustment for the number of trucks and buses on adjacent roadways, which has been documented by vehicle classification counts to represent 6.3 percent of the daily volume. Consequently, the independent traffic study shall incorporate as a truck adjustment factor the Riverside County average (8 percent trucks and buses)in the peak hour delay and level of service analysis. More Accurate Available Baseline Data If more current or better information is currently available, items that do not represent errors in the current traffic study shall be recommended for change. For example, the current study relies on traffic counts made in October of 2004 that were"factored up"by fifteen percent to reflect peak season conditions. Since new traffic count data is available from the peak season of 2005 which shows a 19 percent increase in the total number of vehicles in the evening peak hour at all of the key intersections combined(with substantial variations at individual intersections)the new data shall be incorporated in the independent traffic study. Since the City intersection level of service performance standards are based upon peak season volumes,it is important to incorporate the most recent traffic count data collected in the peak season,where available,rather than older off-peak data that has been "adjusted". Trip Generation Forecast The project-related trip generation forecast in the Traffic Study for The Springs Retail Center includes several errors that,when corrected,would result in an increase in the trip generation during the evening peak hour by 6.8 percent in the year 2006 and 5.4 percent by the year 2025 (see Attachment Q. Although this change reflects only 96 pcak hour trip- ends in 2006 and 80 peak hour trip-ends in 2025, without correction, the project-related trip generation forecast would be vulnerable to legal challenge, 4 - --------- uvuu GIYg1lYtCKrVU PAGE 06124 Pass-By Trips Although the City of Palm Springs previously approved a pass-by trip rate of 25 percent for the Destination Ramon(Wal-Mart)Shopping Center, the Springs Traffic Study ignored pass-by trips. The rationale given for deeming pass-by trip adjustments inappropriate was "... so much of the land around the project is currently undeveloped." This assumption in the Springs Traffic Study is not supportable, given the fact that 60,000 vehicles per day currently pass the site on adjacent roadways. The project is being proposed adjacent to busy streets in order to attract motorists already using these streets. The independent traffic study will evaluate the project as described in Attachment D and incorporate a pass-by trip adjustment of 25 percent, consistent with both the approved Lowe's Home Improvement Center Traffic Impact Study and Destination Ramon Traffic Impact Study. This change will be implemented to insure that all mitigation reflects the most accurate traffic projections possible rather than reflecting unrealistic projections developed through an accumulation of"worst case"assumptions. Delivery Truck Impacts It is interesting to note in Figures 13 and 14 (at Intersection #5) that no project-related entering traffic has been assigned to the southbound left-turn movement from Gene Autry Trail onto Ramon Road or the eastbound left-turn movement from Ramon Road onto northbound San Luis Rey Drive. In addition, no project-related exiting traffic has been assigned to the southbound right-turn movement from San Luis Rey Drive onto westbound Ramon Road. It appears unreasonable to assume that these turning movements will be zero,especially since this is the proposed heavy vehicle delivery route shown in Figure 27. A comprehensive evaluation of service and delivery vehicle access and circulation shall be conducted. Since delivery truck maneuvers in and near the travel area of roadways can result in safety concerns, the most efficient way to relate the service and delivery facilities near the northern site boundary to the adjacent arterial roadways shall be identified, Consideration shall be given to commercial vehicle characteristics, delivery vehicle operating patterns, the proposed loading positions, the loading area design, and the potential impact of truck traffic or. left-turn bay queue storage requirements on the roadways adjacent to the site. Various truck circulation alternatives shall be reviewed to identify and minimize potential internal and off-site impacts by minimizing potential conflict points where service and delivery trucks could interfere with automobile,pedestrian and bicycle circulation patterns. Delay and LDS Determinations The latest update of the Highway Capacity Manual (HCM 2000)presents the best available techniques for determining capacity,delay and LOS for transportation facilities.1 The peak hour delay and levels of service will be determined at the key intersections with the methodology outlined in the Highway Capacity Manual (HCM 2000). The Highway Capacity Software (HCS 2000) package is a direct computerized implementation of the HCM 2000 procedures, prepared under FHWA sponsorship and maintained by the McTrans Center at the University of Florida Transportation Research Center, HCS 2000 Version 4.1e will be employed to assess the key intersections in the project vicinity, evaluate appropriate mitigation strategies, and identify the 95th-percentile back-of-queue lengths for use in recommending minimum left-turn bay queue storage lengths. The 1. Highway Capacity Manual,Fourth Edition,TRB Report 209,Transportation Research Board,National Research Council, Washington,D.C.,2000. 5 - •---.- -. LNuu tNUINEEKING PAGE 07/24 current 90-second signal cycle length currently in use at the coordinated signals along Ramon Road will be assumed, were feasible, rather than the 100-second cycle lengths assumed in the Traffic Study for The Springs Retail Center. Cumulative Impact Analysis The cumulative traffic impact assessment included in the Traffic Study for The Springs Retail Center was based on future cumulative traffic volumes at the key intersections developed with a relatively simplistic process employed by the TRAFNX software. The trips generated by all of the cumulative projects appear to have been lumped together and assigned to the surrounding street system, assuming upon a single traffic distribution in each direction (derived from the traffic distribution included in the Destination Ramon Traffic Study). While it is not possible to determine if the traffic assignment associated with each single cumulative project was handled properly (as all cumulative traffic was commingled)it is possible to look at specific key intersections to determine whether or not the resulting traffic projections are consistent with the approved traffic studies for the cumulative projects. The cumulative traffic volumes are important as they may affect the mitigation required of The Springs project. The cumulative traffic volume projections in Figures 8 and 9 of the Traffic Study for The Springs Retail Center are clearly open to challenge if the sum of all cumulative project traffic volumes at the key intersections is substantially less than the volume associated with any one of the cumulative developments. Take, for example,Figure 9 in which the sum of all cumulative project traffic volumes at the key intersection of San Luis Rey Drive and Ramon Road (adjacent to The Springs Retail Center) are provided. During the evening peak hour,the sum of all cumulative project traffic volumes is identified as totaling: 251 northbound left-turning vehicles (when the Destination Ramon project alone will generate 363 vehicles making this move)and no northbound right-turning or westbound left-turning vehicles (compared to 30 northbound right and 65.westbound left-turning vehicles generated by the Destination Ramon project). The independent traffic analysis will include a more rigorous cumulative traffic analysis algorithm to ensure that the cumulative traffic projections are consistent with all of the approved cumulative traffic studies. The Wessman Gene Autry Trail Mixed-use Development shall be removed from the cumulative impact assessment. Since no formal application has been made to date, the City of Palm Springs has stated that this project should not be included in the cumulative impact analysis. Potential Adverse Impacts on Cathedral City Streets There are existing residences along Mission Drive(east of San Joaquin and along San Luis Rey Drive(north of the project site). Potentially significant circulation and access concerns raised by Cathedral City related to the two access routes to the adjacent Dream Homes neighborhood(Mission Drive and San Luis Rey Drive)have not been fully addressed. Channelization (to permit left-turn entry and right-tum exit only) may be proposed at the service and delivery truck access to discourage delivery trucks from using San Luis Rey Drive north of the project driveway. The traffic study shall discuss the likely effect of channelization at the northern site driveway on San Luis Rey Drive. Other traffic calming strategies shall be identified(such as posting truck weight restrictions,pavement markings, street narrowing,chokers,median barriers, traffic circles,private streets, etc.) that may be more effective in minimizing the potential for truck traffic to utilize Mission Drive and San Luis Rey Drive (north of the project site) to avoid the delay associated with using Gene Autry Trail(south of Mission Drive) and Ramon Road for site access. 6 __ ___- ----- - tNVU LNGINEENING PAGE 08/24 Alternative Access Analysis The most recent Traffic Study for The Springs Retail Center briefly analyzed four alternative site access plans,but not the alternatives identified by the City of Palm Springs. A detailed analysis of the four alternative site access plans identified by the City in a letter dated January 5, 2005 shall be performed, based on sound engineering principles and professional engineering judgment. The supplemental analysis of the project access alternatives will permit the most efficient means of providing site access for project-related truck traffic while minimizing the potential for adverse impacts on Ramon Road,the Dream Homes residents, and Cathedral City streets to be identified. Careful consideration shall be given to the use of Mission Drive for truck access. Peak hour traffic signal warrants shall be checked and carefully documented for year 2006 and year 2025 conditions at the intersection of Gene Autry Trail with Mission Drive and at the proposed full-tum central site driveway. Operational issues related to all three traffic signals on Gene Autry Trail from Ramon Road to Mission Drive shall be reviewed and discussed. Site Access Considerations Accessibility to traffic is, of course,a very important factor to most businesses. Adequate site access and circulation will be critical to the success of the retail center. However, to ensure that Gene Autry Trail and Ramon Road will be able to efficiently and safely satisfy the growing demands of through and local traffic, control of access must be exercised on both roadways so that the degree of access permitted is consistent with the function of these major thoroughfares. Intersection spacing capable of providing acceptable speeds of progression with reasonable cycle lengths is critical. Median openings must be carefully spaced and designed to provide protected left-turn lanes of sufficient length to allow an acceptable deceleration and store all turning vehicles out of through traffic lanes. The applicant has indicated that the proposed project will not be viable without the proposed median break allowing left-turn ingress at the eastern site driveway on Ramon Road. Since the shopping center on the opposite side of Ramon Road was granted a channelized median break which permits left-turn ingress from Ramon Road,it appears that the City has established a precedent that would make it difficult for the City to deny left- turn ingress from Ran,on Road to The Springs development. However, unlike the median break currently proposed at the eastern site driveway, the westbound median break that permits left-turns into the Lowe's Shopping Center from Ramon Road is located downstream from the intersection and therefore can not be blocked by the queue of vehicles on Ramon Road approaching the intersection of Gene Autry Trail. Furthermore, the median break was necessary for vehicles entering the Lowe's Center because westbound motorists would pass the left-turn pocket at San Luis Rey Drive before the Lowe's store was visible(and once the store was seen,it would difficult to enter the site without a left- turn pocket allowing entry east of Gene Autry Trail). Conversely, the eastbound left-turn pocket on Ramon Road at San Luis Rey Drive is located on the far side of the Springs Retail Center. Since the level of service for vehicles turning left from Ramon into the site at the eastern driveway is projected to be LOS F in the year 2025 with the proposed site access plan and all site access alternatives,the design and projected operation of the median break proposed at the eastern site driveway on Ramon Road will be carefully reviewed.The length of the future westbound queue of vehicles on Ramon Road(approaching the intersection of Gene Autry Trail) will be reviewed (based upon the HCM 2000 procedures for estimating the 95th percentile back-of-queue)to deterndne if it will block access to one or both of the site driveways proposed on Ramon Road. In addition the length of the eastbound left-turn bays proposed on Ramon Road opposite the site will be reviewed for adequacy (based 7 �� �� cow io:ao 7477bZtlk7rO ENDO ENGINEERING PAGE 09124 upon the HCM 2000 procedures for estimating the 95th percentile back-of-queue)to ensure that sufficient storage space will be provided to prevent the queue of vehicles entering the project from extending into the through travel lanes. It is our understanding that the City will support left-turn bay lengths that incorporate adequate queue storage plus taper(with deceleration permitted in the adjacent through lane). Mitigation Measures Mitigation on a fair-share contribution basis has been required of all projects with potentially significant impacts that are approved by the City of Palm Springs. All appropriate project mitigation required to ensure that site traffic does not significantly impact the local or regional circulation system in the year 2006 or the horizon year 2025 shall be identified(including both a narrative list describing the mitigation required as well as a graphic depiction).The project's fair share percentage contribution to the cost of each required improvement shall be determined and included in the report. Those facilities where the cost of required improvements will be covered by the applicant's participation in the TUMF program shall be identified. Coordination and Response To Comments Endo Engineering shall prepare a draft traffic impact report detailing the study methodology, assumptions and findings in the format approved by the City of Palm Springs. The work envisioned will require approximately five to six weeks to complete and require a budget of$24,350.00(as discussed in Attachment E). Two bound copies of the draft report and a portable document format (PDF) file shall be sent to Dudek & Associates. Our firm shall respond to City comments on the Draft report and incorporate recommended changes in a Final Report for City review and approval within ten working days. Four bound copies of the final report, an unbound"photo ready" copy,plus a PDF file shall be sent to Dudek&Associates. Endo Engineering will coordinate with Dudek & Associates Inc. regarding written comments received from governmental reviewing agencies. Endo Engineering will respond in a timely and efficient manner to written comments from responsible governmental agencies (up to 4 man-hours). We appreciate the opportunity to submit this proposal and look forward to working with you on this interesting project. If the proposed scope of services meets your needs,please execute below and return a copy of this proposal by facsimile and mail to initiate work on the independent peer review and traffic impact study. Your signature below will indicate approval of this proposal, which will thus serve as a binding contract. We anticipate close coordination with Dudek & Associates Inc. and the City of Palm Springs throughout the proposed activities to insure a successful work product. Should you have questions or comments,please do not hesitate to contact our offices by telephone at(949)362-0020,by facsimile at(949)362-0015, or via e-mail (at endoengr@cox.net). Cordially, Approved: ENDo ENGIN�E�'E'+RINNG DUDEK&ASSOCIATES INC. E do Greg By: Principal Date: Attachments 8 ��.u.cuuu io:as 7473hYbtl15 ENDO ENGINEERING PAGE 10/24 ATTACHMENT A RELEVANT EXPERIENCE Company Overview Endo Engineering is a professional engineering consulting firm specializing in the modeling and assessment of the air quality and circulation impacts of development. Our staff has worked extensively in the Coachella Valley over the last twenty years and has completed traffic studies for all stages of the planning and development process, from circulation opportunities and constraints studies and development feasibility studies to General Plan Amendments, Master Development Plans, Specific Plans and tract maps. The firm's strength and versatility stem from the staffs multi-disciplinary approach and extensive experience with planning, environmental and engineering firms as well as governmental entities and computer applications. We are proud of our achievements and our history of identifying innovative solutions and mitigation strategies that address planning and engineering challenges that are constantly increasing in complexity. Endo Engineering is experienced in providing technical support that facilitates a better understanding of potential circulation, noise and air quality problems and their solutions. Our goal is to provide perspective and expertise in the selection of those strategies that will best achieve the ends desired and provide the technical means to develop comprehensive plans which incorporate design features that minimize the potential for adverse impacts. Endo Engineering has earned a reputation for preparing technical studies that meet the specific needs of each project and are easily understandable,innovative, and economical. Most importantly,they are practical tools that are meaningful both to the professional and the public. Our reports provide a comprehensive framework which incorporates information from a variety of sources in a manner that clearly addresses the specific issues faced by each project. Information is provided in graphic form where possible, and the graphics and text are fully computerized to facilitate updates as conditions change. Endo Engineering has prepared numerous traffic assessments in the project vicinity, as summarized in an attachment. Many of these technical studies Were similar in scope and complexity to that required for this project, In the immediate vicinity of the project site,our firm has completed technical studies for the Wal-Mart Shopping Center (Destination Ramon), the Lowe's Home Improvement Center, the Indian Oasis project(the MidValley Center P.D.D),and the Palm Springs Classic Planned Development District. In addition, our firm has completed numerous traffic impact studies throughout Palm Springs evaluating: the Mesquite Avenue Traffic Calming, the Palm Springs International Airport Access and Internal Circulation Modifications, the Palm Springs Section 14 Master Development Plan and Specific Plan,and the Palm Springs Convention Center Expansion. Endo Engineering is committed to providing the best traffic impact assessments available in an efficient,cost-effective and professional manner. We utilize available documentation to the maximum extent feasible to minimize duplication of effort and reduce costs. Endo Engineering generates the specific traffic information required for comprehensive noise and air quality impact studies. By providing analyses in inter-related technical disciplines, we minimize coordination costs, the time spent in meetings and the delays inherent in developing noise and air quality impact studies separately,based upon the completed traffic study. As a result, answers to technical questions are available faster and at lower cost than possible when retaining separate consulting firms to prepare separate technical studies. 9 jq'JJb2UU1b ENDO ENGINEERING PAGE 11/24 Our experience analyzing hundreds of private developments throughout Southern California makes our staff cognizant of how safe and efficient access to the arterial street system can be critical to the success of a project. We provide progressive and technically superior products that are individually tailored to meet the specific needs of each project. Our reports provide the facts and perspective necessary to make logical and well informed planning and development decisions related to circulation,noise and air quality issues. Experience in the Project Vicinity Destination Ramon Shopping Center - a traffic, air quality and noise impact analysis addressing the impacts associated with the Wal-Mart Shopping Center in the City of Palm Springs. The 30-acre project site is located south of Ramon Road and north of Sunny Dunes Road, between San Luis Rey Drive and Crossley Road. The proposed project would include approximately 279,153 square feet of commercial uses including a Wal- Mart,a Wal Mart gas station,and free standing commercial pads. Lowe's Home Improvement Warehouse - a traffic and air quality analysis of a proposed big box retail store located south of Ramon Road and east of Gene Autry Trail in the City of Palm Springs. The project would consist of 162,000 square feet of commercial uses at buildout. Indian Oasis Resort Planned Development District - a traffic, air quality and noise impact analysis addressing 280 acres located east of San Luis Rey Drive, between Ramon Road and 34th Avenue where 400 hotel rooms; 290 vacation timeshare units; and 10 private casitas; an 18-hole golf course; 50,000 square feet of commercial space in a retail village;and 315,000 square feet of office space in a corporate office plaza are planned. Palm Springs Classic Planned Development District - a traffic, air quality and noise impact analysis addressing the development of a mix of residential product types with a maximum of 1,450 dwelling units; a resort hotel with 400 rooms;restaurants/meeting/ banquet areas (15,000 square feet); a pool and spa (5,000 square feet) area; health club/retail/office areas(15,000 square feet); an 18-hole golf course with a clubhouse, golf practice area,and maintenance facility;. The 451-acre project site is located south of Vista Chino,west of the Palm Springs City Limit, and east of Gene Autry Trail. Palm Springs International Airport Access and Internal Circulation Modifications Study - an evaluation of the traffic impacts associated with access and internal circulation modifications proposed at the Palm Springs International Airport in response to new security requirements. The Mid-Valley Parkway airport extension is being modified to include a security inspection station that will stop all westbound traffic. The Mid-Valley Parkway serves airport traffic, but also provides an alternate route for Palm Springs commuters bypassing the intersection of El Cielo Road and Ramon Road during congested periods. The proposed changes to the airport access and internal circulation system will result in non-airport through traffic being rerouted off airport property. Palm Springs Regional Airport Master Plan Update - a traffic, air quality and noise impact analysis addressing the future use and role of the 925-acre airport including recommended development actions related to the airfield facilities, the passenger terminal complex, the general aviation complex, and airport support facilities needed to accommo- date future demands over a twenty-year development period. Mesquite Avenue Traffic Calming Study - a traffic impact analysis of Mesquite Avenue, between El Cielo Road and Gene Autry Trail, in Palm Springs to identify strategies to minimize traffic impacts on the residents in the study area,,while providing 10 ��,... cw� ..o1�O 747db1tltlib ENDO ENGINEERING PAGE 12/24 sufficient capacity to serve projected future year 2020 traffic demands, and maintaining access to the community and Demuth Park. Palm Springs Convention Center Expansion - a traffic, air quality and noise impact analysis addressing the impacts associated with the expansion of the existing convention center to increase the exhibit area from 66,000 to 98,300 square feet and increase the meeting space from 12,000 to 24.500 square feet. This will be accomplished by expanding the convention center on the existing grounds and will not include the closure of any roadways in the City of Palm Springs. Palm Springs Section 14 - a traffic, air quality and noise analysis addressing the Master Development Plan/Specific Plan for 640 acres in Section 14 of the Agua Caliente Reservation in downtown Palm Springs. The project site is bounded by Alejo Road to the north, Sunrise Way to the east,Ramon Road to the south, and Indian Canyon Drive to the west. The proposed development comprises a total of 215.3 acres of commerciaVmixed use which may include a recreational sports complex, casinos, cinemas, or an indoor- outdoor festival marketplace as well as a maximum of 9,468 primarily high density residential dwelling units for renters,second homes and permanent seniors. New Spa Casino - an update of the 1994 LSA Associates, Inc. "Aqua Caliente Gaming Facility Traffic Study" for use in the preparation of an Addendum to the previously certified Environmental Assessment (EA). The 10.5-acre project site is located north of Andreas Road, between Calle El Segundo and Calle Encilia, in downtown Palm Springs. The updated traffic study addressed the incremental increase in site traffic that would accompany the relocation of the gaming activities from the interim tent to the new Spa Casino structure. Palm Springs Village Planned Development District - a traffic, air quality and noise impact analysis addressing the impacts associated with the development of a mix of residential product types with a maximum of 1,237 dwelling units in a gated community. Proposed amenities include a public 18-hole executive golf course with a driving range and a 5,000 square foot clubhouse,a small private park, and a 10-acre public park. The 309.5- acre project site is located east of Indian Canyon Drive,north of San Rafael Drive,west of I he norther.teruinus of Sunrise Way,and south of the Mnitewater Wash Levce. Experience on Similar Projects Westar/Home Depot Retail Center (LOM 522) - a traffic impact study evaluating a 17-acre site adjacent to Highway 1, in Lompoc. The proposed development included a 139,895 square-foot Home Depot home improvement store on 11.02 acres, and the relocation of an existing hospital with 150,000 square feet of building area onto the remaining 6.00 acres. The analysis received an unsolicited letter from Caltrans commending the traffic analysis which was based on the methodologies outlined in the Highway Capacity Manual (HCM 2000) as implemented by the McTrans Highway Capacity Software(HCS 2000). Site access onto Highway 1 and the location and phasing of a new traffic signal were issues addressed. Rosemead Commercial Retail Center - a traffic impact analysis of a Wal-Mart Superstore (general merchandise and grocery sales), three smaller free-standing retaillrestaurant buildings,the smallest of which may be a restaurant with a drive-through and outdoor play area, and an associated gasoline refueling station (with a small office/convenience kiosk)proposed on 23.65±acres located south of Rush Street,between Walnut Grove Avenue and Delta Street. The format and content of this report were 11 ��aot_ io ENDD ENGINEERING PAGE 13/24 consistent with the requirements set forth by the City of Rosemead, the 2002 Congestion Management Program for Los Angeles County TIA.Guidelines, and Caltrans. Moreno Valley Wal-Mart - an evaluation of the traffic, noise and air quality impacts associated with Amendment Number 4 to the Moreno Valley Auto Mall Specific Plan 209 addressing 72±acres located south of State Route 60 and west of Moreno Beach Drive,in the City of Moreno Valley. The proposed project revised the land use designations,access provisions,design standards, and conditions of approval for the Phase 3 area of approved Specific Plan 209 to permit the development of 352,648 square feet of commercial uses including a Wal-Mart, several smaller commercial/retail stores, three full-service restaurants,five fast-food outlets,two free-standing gasoline service stations,an accessory car wash and 300 multi-family dwellings. The Price Club and Home Depot in San Juan Capistrano - a traffic, air quality and noise impact assessment of a 22.5-acre project located adjacent to Camino Capistrano and Doheny Park Road, in San Juan Capistrano. The development plan depicted a 105,260 S.F. Price Club, a 75,000 S.F. Home Depot, and eight small retail shops plus a restaurant. Canyon Crest Village- A traffic and noise impact study of a controversial 11.44-acre commercial center with 90,245 square feet of retail uses proposed in the City of Riverside. The traffic study addressed several issues of concern including: truck trips, traffic safety considerations, and traffic intrusion into nearby residential areas. Mitigation strategies were identified to improve access and safety and alter traffic demand (TDM measures). Compliance with the City of Riverside Noise Ordinance was demonstrated. Glendora Commercial Center- an air quality and noise impact study addressing a 50± acre commercial center with 474,000 square feet of net building area in the City of Glendora located west of Lone Hill Avenue and north of Gladstone Street. The proposed uses were consistent with the on-site zoning designations,but the project included a zone change request to permit the development of major anchor retail stores totaling 270,000 square feet(including a Home Depot store), four smaller commerciallretail stores totaling 152,000 square feet, an auto dealership with 30,000 square feet, and a total of 22,000 square feet of mixed small retail, restaurant%fast food establishments. The project was designed to focus traffic toward the freeway interchanges along Lone Hill Avenue and Auto Center Drive and away from noise sensitive residential and school uses located immediately south of the project site. Lompoc Wal-Mart and Refueling Station - a circulation, air quality, and noise impact assessment of 263,845 gross square feet of commercial development proposed as the Diversified Shopping Center in Lompoc including a Wal-Mart, a food market, a drug store, small retail shops, drive-through restaurants, and a service station with 8 fueling positions. The study included a full analysis of four alternative sites as well as two different densities on the preferred site. Palm Desert Wal-Mart Shopping Center- a noise impact analysis of approximately 300,547 square feet of commercial uses and three restaurants in the City of Palm Desert,on the northeast comer of the intersection of Monterey Avenue and Country Club Drive. California Commerce Center South Technical Master Plan - a detailed circulation component analyzing street alignments, mid-block cross-sections, lane config- urations at intersections and the phasing of circulation improvements to accommodate ultimate peak hour traffic demands in the City of Ontario. The project site is comprised of 505 acres of industrial, business park and commercial/office land uses. 12 uo. ,.�i . ., io.do y4y;ib'Ltlb15 ENDO ENGINEERING PAGE 14/24 Cathedral City Downtown Precise Plan - A traffic impact study addressing the impacts associated with future redevelopment in the Downtown Precise Plan Area of Cathedral City. The preferred plan included the redevelopment of the Downtown study area into a City Neighborhood that included a commercial Downtown Core,surrounded by a Mixed-Use Corridor and a higher density Neighborhood Residential District. Cathedral City General Plan Update - The Coachella Valley Area Transportation Study (CVATS) model was utilized to update the Circulation Element and maintain consistency with regional circulation modeling. The computer modeling addressed four land use and circulation network alternatives. Ontario Town Centre -a traffic and circulation impact study addressing a General Plan Amendment and Specific Plan including three Conceptual Master Plan alternatives for a 505-acre site located southeast of Ontario International Airport. The project will allow a 1.2 million square foot regional shopping center,mid-rise and high-rise offices(2.0 million square feet), two hotels (900 rooms), neighborhood commercial uses and high density residential uses (5,000±dwellings)and generate up to 100,210 trips. Rialto Gateway Specific Plan - traffic, air quality, and noise impact studies addressing 1,451,910 square feet of commercial uses, 1,601,060 square feet of industrial uses, and 812,940 square feet of office and R&D uses located north of Interstate 10 and south of San Bernardino Avenue,between Sycamore Avenue and Spruce Avenue. Wonder Palms Commercial Center - a traffic impact study addressing development alternatives for 270 acres located south of Interstate 10, on either side of the future Cook Street interchange, in the City of Palm Desert including commercial/retail uses,freeway- oriented businesses, industrial/office uses,and residential uses. South Coast Air Quality Management CEQA Handbook Review - a peer review of Chapters 6, 9 and 11 as well as Appendices 6, 9 and 11 of the "Final Draft CEQA Air Quality Handbook". The goal was to provide an independent review of the mathematical and technical procedures outlined therein, in accordance with generaE aecepted engineering and scientific practices. El Toro Materials Access Evaluation - examining current road conditions and the impacts associated with large haul trucks at the El Toro Materials driveway on a two-lane state highway. The traffic study documented: (1) the number and type of vehicles accessing the El Toro Materials site;(2)which land use on-site generated each trip;(3)the increase in traffic by vehicle type associated with the construction of a new asphalt batch plant on-site; (4) the temporal distribution at the driveway on El Toro Road; (5) the adequacy of the left-turn pocket and the acceleration and deceleration lanes at the driveway to serve current and future truck traffic. 13 ENDO ENGINEERING PAGE 15/24 ATTACHMENT B REVISIONS AND CORRECTIONS IDENTIFIED BY CITY STAFF Project Description Section 1. Explain the proposed operation of the service vehicle access on San Luis Rey Drive. Baseline Conditions 2. Update the text regarding the Ramon RoadfVella Road intersection. 3. If 618 vph are making westbound right turns onto El Cielo Road from Ramon Road, how can,the LOS be C?Is a right-turn lane needed? 4. Add a discussion of the narrow bridge on Ramon Road and the deficicnt capacity of the I-10Interchange at Gene Autry Trail, 5. Provide current daily traffic volumes and the truck mix assumed for use in the noise analysis. Impact Section 6. Delete the Wessman project from the cumulative analysis. 7. Correct the trip generation associated with the Destination Ramon Project. 8. Identify truck delivery routes and locations for site access; analyze and propose . mitigation for internal truck deiveries to alleviate impacts to adjacent off-site streets. 9. Address in detail all potentially significant circulation and access concerns raised by Cathedral City related to project-related traffic on Mission Drive and San Luis Rey Drive. Access to Mission,, Drive requires analysis and a reconfiguration of the Site Plan to accommodate the concern of truck traffic using Mission Drive and San Luis Rey Drive should be considered. The development team should consider a reconfiguration of access into the project site from Gene Autry Trail such as a new median break at the northerly driveway access or some other option that would provide easier truck access into the site from Gene Autry Trail. Coordination with Caltrans is required and should be underway or implemented immediately. 10. Provide a traffic signal warrant analysis for the full access driveway on Gene Autry Trail where a signal is proposed. 11. Provide an evaluation of the LOS associated with no median break and a right-tum- only driveway design at the central driveway on Gene Autry Trail(so that in the event a signal is denied by Caltrans at the new central driveway on Gene Autry Trail, the impacts of a right-tum-only central access are known). 12. Evaluate the peak hour levels of service at all affected key intersections with each of the four alternative site access plans. 13. Document traffic signal warrants for Gene Autry Trail at Mission Drive and at the new full-tum site access for near-term and long-term scenarios. 14 nai lii<_ . � 15;db `J4y36'Lk7815 ENDO ENGINEERING PAGE 16/24 14. Discuss operational issues related to all three traffic signals on Gene Autry Trail from Ramon Road to Mission Drive. 15. Determine bow many ingress and egress lanes are necessary for each new project driveway. 16. Identify which access alternative provides the most efficient means of providing site access for project-related truck traffic while minimizing impacts on Ramon Road,the residents of the Dream Homes, and Cathedral City streets. 17. Provide future daily traffic volumes with each development scenario and access alternative for use in the noise impact analysis. Mitigation Section 18. Identify all mitigation required to ensure that no significant impact will occur on local or regional circulation. 19. Since the year 2006 peak hour LOS at the intersection of Gene Autry Trail and Sunny Dunes and at the intersection of San Luis Rey Drive and Mesquite are shown as LOS E or worse,the intersections should be identified as requiring signalization. 20. A full traffic signal warrant analysis will need to be submitted to Caltrans for review and approval of the median break and signalized full turn access proposed on Gene Autry Trail less than 400 feet north of Ramon Road. 21. Interconnect the traffic signals along Gene Autry Trail. 22. The median on Ramon Road adjacent to the project site will require modification to restrict egress onto Ramon Road from the eastem site driveway. 23. Provide a fair share calculation of the required circulation improvements. 15 .u, GVw 1J.JJ ;760LYJ✓JLb ENDO ENGINEERING PAGE 17/24 ATTACHMENT C REVISIONS AND CORRECTIONS IDENTIFIED BY ENDO ENGINEERING Baseline 1. The October 2004 traffic count data that was increased by 15 percent to estimate the peak season volumes should be replaced with available peak season traffic count data collected in January of 2005. The 2005 traffic count data is higher on average by 14 to 19 percent than the October 1004 data. It should be utilized because it is newer and reflects peak season conditions at the key intersections without adjustments. 2, Any unsignalized key intersections that currently meet traffic signal warrants should be identified. 3. The truck mix assumed on the adjacent streets for the peak hour LOS analysis should be specified. The TRAFFIC output appears to indicate that no truck adjustment was made despite the existing 6.3 percent truck and bus mix on Ramon Road. An 8 percent truck mix is typically assumed throughout Riverside County and has been approved for use by the City of Palm Springs in the past. This change alone could decrease the LOS at some key intersections by one level of service. 4. Current daily traffic volumes should be included for use in the noise analysis needed for the EIR. 5. The peak hour delay and LOS at the key intersections should be determined with the latest version of the Highway Capacity Software (HCS 2000) rather than the proprietary TRAFFIX software. The HCS 2000 was developed under FHWA sponsorship as a direct implementation of the Highway Capacity Manual (HCM 2000). Although the current intersection delay and LOS determinations developed with TRAFFIX appear to closely match the HCS 2000 findings,the future TRAFFIC delay and LOS determinations varied greatly from the HCS 2000 findings. Project Impacts Project-Related Trip Generation 6. The project-related trip generation forecast provided in Table 6 reflects 378,222 S.F. rather than the currently proposed Phase 1 square footage (378,155 square feet). It also ignores the Phase 2 retail space (14,808 square feet) entirely. The proposed square footage of retail uses should be revised to reflect the initial development area (378,144 S.F.) and the ultimate 392,952 S.F. proposed. 7. The trip generation section should discuss why it is not appropriate to utilize the fast food restaurant trip generation rates for the restaurant space, the Home Improvement Superstore trip generation rates for the Home Depot, and shopping center rates for the remaining retail space. S. The 7th Edition of the ITE Trip Generation-An Inforniational Handbook(December, 2003) should be used rather than the outdated 6th Edition. The argument that the 6th Edition Trip Generation rates match the cumulative project rates is irrelevant. The 7th Generation ITE Trip Generation manual(December 2003) trip generation rates should be utilized as they have been available for 15 months and reflect more data and less statistical variation than the 6th Edition rates. 16 -•-- � .,�����_., �Nw LMINttK1NU PAGE 18124 9. Regardless of whether the 6th Edition or the 7th Edition of Trip Generation is used, the ITE specifies in Trip Generation Handbook (PPE, March 2001) as a guiding principle that the correct procedure to follow,where data from more than 20 studies is provided for a particular ITE land use code, is to use the regression equations to estimate the trip generation Cnot the weighted average trip generation rates assumed in the traffic study) as long as the floor area proposed falls within the range of floor areas studied. 10, The midday peak hour trip generation forecast in Table 6 should be developed by assuming that it includes 9.5% of the daily inbound volume and 7.9% of the daily outbound volume(per Table 2 in the ITE Trip Generation Handbook)rather than the incorrect 50150 midday inlout split assumed. Had the correct procedure been followed, the project-related trip generation would have been larger, as shown in Table A. Table A compares the project-related trip generation forecast based on the weighted average rates to that obtained with the regression equations (assuming the correct retail square footage). The weighted average rate projections below apply the incorrect assumptions made in the traffic study regarding the midday percentage of the daily trip generation and the 50150 inlout directional split. These erroneous assumptions resulted in a project-related trip generation forecast that is low in the midday (inbound) and evening (inbound and outbound)peak hour used for analysis purposes. Table A Site Traffic Generation Gomparisona Land Use(Quantity) Midday Peak Hour PM Peak Hour Daily In Out Total In Out Total 2-Way ITE Weighted Average Ratesa chopping Cear�r(378,144 S.F.) 771 771 1,542 679 736 1,415 16,233 Shopping Center(392,952 S.F.) 801 901 1,602 707 762 1,470 16,866 ITE Regression Equation Ratesb Shopping Center(378,144 S.F.) 830 653 1,483 725 786 1,511 16,120 Shopping Center(392,952 S.F.) 851 670 1,521 1 744 806 1,550 1 16,530 a. Based upon an incorrect application of the shopping center(1TE land use code 820)weighted average trip generation rates published by the ITE Trip Generation(Sixth Edition). This forecast incorrectly assumes that 9.5%of the ADT occurs in the midday peak hour and that the itilout directional split in the midday peak hour is 50/50. b. Based upon the correct application of the shopping center (ITE land use code 820) trip generation regression equations for weekday and weekday PM peak hours published by the ITE in Trip Generation (Sixth and Seventh Edition). The midday forecast was developed from the evening peak hour estimates, based upon the hourly variation in shopping center traffic provided in Table 2 on page 1449 of Trip Generation. As shown therein, 9.5% of the daily inbound traffic occurs in the midday peak hour between 12 pm to 1 pm and 7.9%of the daily outbound volume occurs in the midday peak hour between 12 pm to 1 pm.By comparison,8.3%of the daily inbound traffic occurs in the PM peak hour between 5 pm to 6 pm and 9.5% of the daily outbound volume occurs in the PM peak hour between 5 pm to 6 pm.Therefore, the ratio of 9.5/8.3 times the PM inbound trip forecast allows the number of midday inbound trips to be estimated. Similarly, the ratio of 7.9/9.5 times the PM outbound trip forecast allows the number of midday outbound trips to be estimated. 17 oai.lr mn� 1D:a7 y4`Jd6'L7F115 ENDD ENGINEERING PAGE 19/24 Site Driveway Volumes 11. The driveway volumes used to perform the queue analysis do not appear to reflect the land uses shown in the current Site Plan. The project-related driveway volumes entering and exiting the site do not add up to the project-related trip generation shown in Table 6. Figure 23 entering plus exiting volumes differ from the 2006 midday project-related trip generation by 78 vehicles per hour(VPH).Figure 24 entering plus exiling volumes differ from the 2006 PM site trip generation by 71 VPH. The project-related 2025 midday trip generation (assuming the same methodology as Table 2) differs from the sum of the driveway volumes shown in Figure 25 by 76 VPH. The project-related 2025 PM peak hour trip generation (assuming the same methodology as Table 2) differs from the sum of the driveway volumes shown in Figure 26 by 75 VPH. 12. The Highway Capacity Software (HCS 2000) should be used to estimate the 95th percentile back-of-queue for the queuing analysis at the site driveways and to estimate left-tam pocket queue storage requirements once the project-related traffic projections are corrected and the appropriate truck mix correction is incorporated. Passby Trip Adjustment 13, The report should explain the effect of ignoring passby trip adjustments on the impact analysis. Given the traffic volumes currently passing the project site on three sides, ignoring passby trip adjustments simplifies the traffic assignment analysis but may not be prudent because it can substantially overestimate the traffic volume on the adjacent streets that will conflict with the turning movements at the site driveways. Site Access Plan 14, Since the level of service for vehicles turning left from Ramon into the site at the eastern driveway is projected to be LOS F in the year 2025 with the proposed site access plan and all site access alternatives,the design and projected operation of the median break proposed at the eastern site driveway on Ramon Road should be carefully reviewed.The length of the future wctbound queue of vehicles on Ramon Road(extending east of the intersection at Gene Autry Trail) should be estimated (based upon the HCM 2000 procedures for estimating the 95th percentile back-of- queue) to determine if it will block access to one or both of the site driveways proposed on Ramon Road. In addition the length of the eastbound left-turn bays proposed on Ramon Road opposite the site should be reviewed for adequacy(based upon the HCM 2000 procedures for estimating the 95th percentile back-of-queue)to ensure that sufficient storage space will be provided to prevent the queue of vehicles entering the project from extending into the through travel lanes. Cumulative Analysis 15. The project description assumed for the Destination Ramon cumulative project should include 277,000 square feet of retail uses and 10 gasoline refueling positions. The trip generation and traffic assignment should also be revised to reflect the approved Destination Ramon Traffic Impact Study (Endo Engineering; August 4, 2003). 16. The trip generation assumed in Table 3 for the Destination Ramon (Wal-Mart) cumulative development incorrectly applied a specialty retail trip generation rate to 20,000 square feet of retail space which resulted in a midday peak hour trip generation forecast of zero inbound and zero outbound trips. 18 w ui ww io:ao tJ4'JJb ZUU1b ENDO ENGINEERING PAGE 20/24 17. The trip generation assumed in Table 3 for the Destination Ramon Wal-Mart store incorrectly applied the free standing discount superstore rates even though the building size does not fall within the range of retail building areas studied to develop the ITE rates. 18. The project description for the Palm Springs Classic cumulative project ignored the 15,000 square feet of healthclub/retail/office uses. The traffic assignment assumed four site access points incorrectly. Six site access points should be assumed and the traffic assignment shown in the approved Palm Springs Classic P.D.D. Traffic Impact Study (Endo Engineering; March, 2003 ) or the update currently being prepared which assumes a less intense land use and modified access plan. 19. The cumulative traffic volume projections in Figures 8 and 9 of the Traffic Study for The Springs Retail Center are clearly open to challenge since the sum of all cumulative project traffic volumes at some of the key intersections is substantially less than the volume associated with even one of the cumulative developments. Mitigation 20. The conclusions in the mitigation section are difficult to identify. The City Traffic Study Guidelines specify that required intersection improvements be shown in tabular and graphic form. 21. Compliance with City policies and standards was not addressed. 19 U31 11/1005 15:35 9493620015 ENDO ENGINEERING PAGE 21/24 ATTACHMENT D CURRENT PROJECT DESCRIPTION Proposed Development It is our understanding that The Springs project,as currently envisioned, includes a total of 392,952 square feet of commercial/retail space and 1,753 off-street parking spaces. Of that total, 378,144 square feet of retail space is proposed for completion in the year 2006 and 14,808 square feet of retail space represents a future expansion area proposed for construction after the year 2006 but before the year 2025. The commercial area proposed is expected to include: a Home Depot with 151,951 square feet(that includes a garden center with 34,757 square feet); retail uses totalling 199,727 square feet; and 26,466 square feet of restaurant uses (in four separate buildings). Project access is planned via eight driveways on three master planned roadways including: four full-access driveways, three right-turn only driveways, and one driveway where left- turn egress is prohibited. The access points proposed for each adjacent roadway include: • Gene Autry Trail -one signalized full access driveway, and two right-turn- only driveways; • Ramon Road-one right-turn-only driveway and one driveway that allows left-turn ingress but does not permit left-turn egress; • San Luis Rey Drive-three full-access driveways. Project-related delivery truck traffic is expected to utilize the northernmost driveway on Gene Autry Trail (which will not permit left-turn egress)and the northernmost driveway on San Luis Rey Drive. As a result,a significant fraction of the project-related truck traffic is expected to utilize Gene Autry Trail and Ramon Road for access to and from the project site, Four Project Access Alternatives AlternatweA The February 18, 2005 Alternatives Analysis in"The Traffic Study for The Springs Retail Center" assumed three full-access driveways on San Luis Rey Drive with this alternative. As specified by the City of Palm Springs, the site access on San Luis Rey Drive with this alternative will include a full access southern driveway and a northern driveway for delivery and service vehicles that is channelized to permit left-turn only entry and right-turn only exit. The northern access design will prevent trucks from traversing Mission Drive (east of Gene Autry Trail through Cathedral City) and proceeding south along San Luis Rey Drive to the service driveway on-site. Alternative B The February 18, 2005 Alternatives Analysis in"The Traffic Study for The Springs Retail Center" assumed three full-access driveways on San Luis Rey Drive with this alternative. As specified by the City of Palm Springs,the site access on San Luis Rey Drive with this alternative will include a full-access southern driveway for patrons and a full-access northern driveway for delivery and service vehicles. The northern access will permit trucks to traverse Mission Drive (east of Gene Autry Trail through Cathedral City) and proceed south along San Luis Rey Drive to the service driveway on-site. 20 fed1 Lit Lnbb 15:d5 9493626015 ENDO ENGINEERING PAGE 22124 Altemative C The February 18,2005 Alternatives Analysis in"The Traffic Study for The Springs Retail Center" assumed three full-access driveways on San Luis Rey Drive with this alternative. As specified by the City of Palm Springs, the site access on San Luis Rey Drive with this alternative will include a full access southern driveway for patrons and a northern driveway for delivery and service vehicles that is channelized to permit left-turn only entry and right- turn only exit. The northern access design will prevent trucks from traversing Mission Drive (east of Gene Autry Trail through Cathedral City) and proceeding south along San Luis Rey Drive to the service driveway on-sitc. Alterrudive D The February 18,2005 Alternatives Analysis in"The Traffic Study for The Springs Retail Center" assumed three full-access driveways on San Luis Rey Drive with this alternative. As specified by the City of Palm Springs, the site access on San Luis Rey Drive with this alternative will include a full access southern driveway for partons and a northern driveway for delivery and service vehicles that is channelized to permit left-turn only entry and right- turn only exit. The northern access design will prevent trucks from traversing Mission Drive (east of Gene Autry Trail through Cathedral City) and proceeding south along San Luis Rey Drive to the service driveway on-site. 21 03/11/2005 15:35 9493G20015 ENDO ENGINEERING PAGE 23124 ATTACHMENT E SCHEDULE AND COMPENSATION Proposed Schedule The work outlined above will require approximately five to six weeks to complete and will begin immediately upon receipt of the signed authorization to proceed. Additional information needed to complete the study includes a blueprint of the proposed Site Plan depicting the proposed land use quantities, site access and internal circulation plan, as well as any channelization proposed at the site access driveways. If the delivery truck routing plan or delivery hours have changed, a description of the changes will be required. Required Budget The work anticipated will be performed on a"time and materials" basis not exceeding the sum of$24,350.00. This fee estimate shall be valid for a period of 60 days. The budget shall include the available 2-hour midday peak and 2-hour evening peak turning movement traffic counts made in the peak season of 2005 at the key intersections,reproduction, and telephone communications with appropriate agencies. The fee estimate does not include: • attendance at meetings,workshops,or public hearings2; •detailed cost estimates(in dollars)related to required circulation improvements; • analyses of the feasibility of the delivery truck access proposal with truck turning templates;or •the development of TSM/TDM or mitigation monitoring programs. Invoices shall be submitted on a monthly basis in proportion to the time spent on the project,per our normal hourly rates as noted on the Compensation Schedule(Attachment P). Unless prearranged, all invoices are due and payable within thirty days of their submittal date, as a condition of the proposal acceptance. Services beyond the scope of work herein shall be performed only when requested and approved in writing. Our staff will be available for meetings or public hearings at our standard hourly rates plus mileage. 2. For your budgetary purposes,you may assume a cost of approximately$750.00 per mooting or public hearing in Palm Springs. 22 03/11f20U5 15:35 9493620015 ENDO ENGINEERING PAGE 24/24 I WV.V'J Endo Engineering Traffic Engineering Air Quality Studies Noise Assessments ATTACHMENT F COMPENSATION SCHEDULE Classification Hourly Rate Principal/Professional Engineer $90.00 Director/Associate Engineer $75.00 Project Manager $60,00 Associate Project Manager $40.00 Technician $25.00 General Notes: I. Reproduction, telephone and supply costs are non-billable. 2. Hourly rates apply to travel time related to site investigations and meetings. Mileage will be invoiced at$0.40 per mile. 3. Statements will be submitted monthly for work in progress and upon completion of the work. 4. Statements are payable within 30 days of receipt, 5. Any invoice unpaid after 30 days shall be subject to interest at the maximum rate permitted by law. 6. Any controversy or claim arising out of or relating to this contract,or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgement upon the award rendered by and entered in any court having jurisdiction thereof. 28811 Woodcock Drive, Laguna Niguel, CA 92677-1330 Phone: (949) 362-0020 FAX: (949)362-0015 CONTRACT ABSTRACT Contract Company Name: Dudek & Associates Company Contact: Joe Monaco, Senior Project Manager Summary of Services: Prepare EIR for Disposition & Dev. Agreement, TPM ,and PDD for a 371,000 sq.ft. retail shopping center on 36 acres. Original Contract Price: $110,775.00 - 07-30-03 Amendment#1 24,350.00 - 03-22-05 Amendment#2 22,150.00 - 05-04-05 $157,275.00 Funding Source: Excel Property Mgmt Svc (Geiger LLC) Developer Deposit Contract Term: Original Contract - One Year (through July 30, 2004) Amendment#1 - Extended through December 31, 2005 Contract Administration Lead Department: Planning Services Contract Administrator: Edward Robertson ext. 8766 (formerly Alex Meyerhoff) Contract Approvals Council/ Community Redevelopment Agency Approval Date: July 30, 2003 (Original Contract) Minute Order/ Resolution Number: MO 7353 - Original Contract Amendment#1 MO 7651 - March 23, 2005 Amendment#2 MO 7667 - May 04, 2005 Agreement No: #4745 Contract Compliance Exhibits: Contract, First and Second Amendments, and MO's attached Signatures: Insurance: Attached - Certificate of Liability COV40e. iR.vt-1 Bonds: N/A Original Contract prepared by: City Attorney, Fred Galante of Aleshire & Wynder Amendments prepared by: Curt Watts, Redevelopment Administrator Submitted on: By: Cis `� I Dudek & Associates EI71` AGREEMENT #4745 CITY OF PALM SPRINGS M07353, 7-30-03 CONTRACT SERVICE AGREEMENT THIS)CONTR�T SERVICES AGREEMENT (herein "Agreement"), is made and entered into this— r , day of &6 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation,(here/in d Dudek &Associates, Inc., (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fullyset forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions,statutes, rules and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required bythis Agreement. Contractor shall have the sole obligation to pay for anyfees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,assessments,taxes,penalties or interest levied,assessed orimposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has, or will, investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. H:\USERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIP wpd -1- R�RG�B�aG�t� AND1OR 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers,documents, plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to pe rform their respective obligations under thisAgreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessaryto carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during theperformance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of one hundred ten thousand seven hundred seventy-five dollars ($110,775.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completionof the services, (ill)payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no otherexpenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. H:\USERS\WPPUBI.IC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for ElRwpd -2- 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1")working day of such month,Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severeweather,fires, earthquakes,floods,epidemics,quarantine restrictions,riots,strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractorshall within ten(10)days of the commencementof such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extendthe time for performing the services for the period of the enforced delaywhen and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement,howevercaused,Contractor's sole remedy being extensionof the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respectto the work specified herein and make all decisions in connection therewith: Joe Monaco, AICP It is expressly understood that the experience, knowledge,capability and reputation of the foregoing principals were a substantial inducement for Cityto enter into this Agreement, Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all H:\USERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIRwpd -3- activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,anyapproval of City required hereundershall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,capability and reputation of Contractor, its principals and employeeswere a substantial inducement for the City to enter into this Agreement. Therefore,Contractor shall not contractwith any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of anyliability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities With offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or bysending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neitherthe City norany of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at anytime or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of anyjoint enterprise with Contractor. HA1JSERS\WPP1JBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIR.wpd -4- 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain,at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amountwhich fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily and property damage. Said policy shall include coverage for owned, non- owned, leased and hired cars. (d)Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit "B". All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior tothe cancellation date,submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractorand such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractoris required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or H:\1JSERS\WPP1JBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for ElRwpd -5- arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of orfailure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original, notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best 's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten(10)days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Report . Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, H:\USERS\WPPUBLI0\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIP wpd -6- Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased ordecreased cost relatedthereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained fora period of three (3)years following completion of theservices hereunder, and the City shall have access to such records in the event any audit is required 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the Citys sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer, 7.0 ENFORCEMENT OF AGREEMENT 7A California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county. Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring party, in wilting, of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any partys right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the H:\USERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for E]Rwpd -7- Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses,costs, liabilities, or damages suffered by City, and (ii)all amounts forwhich City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validityof which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due,without liability for interest because of such withholding, an amount sufficient to cover such claim. The failureof City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the otherparty requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other partys consent to orapproval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expresslydeclared to be exclusive in this Agreement,the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, eitherparty may take legal action, in law or in equity,to cure, correct or remedy any default, to recover damages for any default,to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ($ None ) as liquidated damages for each working day of delay in the performance of any service required hereunder,as specified inthe Schedule of Performance(Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Tenn. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement atany time,with or without cause, upon thirty(30) days written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time,with orwithout cause, upon sixty(60)days written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination,Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the H:\USERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of FIR\RFP 10-03 Dudek Agmt for EIRwpd -8- Contract Officer thereafter in accordance with the Schedule of Compensation or as maybe approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating partywith the opportunityto cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all othernecessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-IiabilityofCity Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,director indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 CovenantAgainst Discrimination. Contractor covenants that,by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestryin the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race,color, creed, religion, sex marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall H:\USERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIRwpd -9- be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and tothe attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it should be addressed to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is dulyorganized and existing, (ii)they are dulyauthorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. (Signatures on next page) H:\USERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for ElRwpd -10- 08/08/2003 FRI 17:31 FAX 2 002/002 IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above, CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By, City Clerk City Manager APPROVED AS TO FORM: BY; City Attorney CONTRACTOR: Check one:_individual_Partnership_Corporation Corporations require two notarized signatures: One wgreture must be from the chairman of Board,President,or any Vice Presdent. The second aignafurefnust be from the Secretary,Assistant Secretary,Treasurer,Assistant Ymasumr,or Chief Finanoiaf Officer). By; 13y; Notarized Signature of Chairman of Board, Notarized Signature Secretary.Asst Secretary, President or any Vice President Treasurer,Asst treasureror Chief Financial Officer Name: Name: Title- Title: State of I State of I County of Iss County of Iss On beforeme, On before me personallyappeared personallyappeared Personally known to me (or proved to me on the basis of personally known to me(or proted to me on are basin of satisfactory evidence)to be the person(s)whosa name(s)Islam satisfactory ev(pdence)tobe the person(s)whose name(s)Islam subscribed to the within indrumed and acknowledged to me subscribed to the wiarin inslru ment and acknowledged to me that halshe/they executed the Sarno in his/hedthalr authorized that helshellhey executad the same in hjs/herllheir authorized capaclty(les), and that by hlslharltheir slgnatum(s) on the capadty(ies), and that by his/her/their signature(s) on the instrument the porsor(s),or the entity upon behalf of which the instrument the peraon(s),or the entity upon behalf of which the parson(a)acted,executed the instrument. person(a)zcted,executed the Instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature; Notary Seal: Notary Seal: IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: iG�a� dC City,Clerk / City Manager Agreement o e%ider $25,000 APPROVED AS TO FORM: Reviewed and approved by Procurement & Contracting By_311kc1 Cv -tc�, l� ,�lc�E - _ Irnitiais Date � 1Z(6a 6 City Attorney „�1� �y_r��.�zt t t°` P.O.Numbe►'-- CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations requir two notarized signatures One signature must be from the Chairman of Board, President,or any Vice President The second sign ' re must be from the Secretary,Assistant Secretary,Treasurer,AssistaTreasurer,or Chief Fina al Officer). J d" Ignatur of Chairman of Board, Notsr zed Signature S pn6tary, Asst Secretary, esident or/any Vice President Treasurer, Asst treasu ror/Chief Financial Officer Name.�Ir-ifCNK .1. 13lip€.L Name —[�V C;+tIC7-Me-- Tltle: /' F"G1D� 4 nI7- Title: ST E�eSEC12 `( State of ciL Irt A)r rI1 LC 1 State LL I County of'�-.n nl ec,-r Iss County bier, r. Iss d � G-, o, 4 �-, UJ y7U, On �i�'�'�" before m/�e'',�k,v °�f.(d5, �c�d�>6r R_ On p"I-'17.� before me, c1�J✓—P��}r^aS prcgrg[r-, personally appeared personally appeared V,1�� r,�:F�'P� Ic _n,arconally_knawn_to_me (or proved to me on the basis of pe`sonally_Known to me (or proved to me on the basis of satisfactory evidence)to be the person(,$)whose name(g@tare satisfactory evidence)iobe the personts')whose nameVflfl/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that 6,—QIshel[hey executed the same in(fir)her/their authorized that/she/they executed the same in hisMar/their authorized capacity�lAs), and that by Lis/her/their signatures} on the capacity(i s), and that by /her/their signature(%) on the instrument the pereov),or the entity upon behalf of which the instrum nt the persono,or t eentity upon behalf of which the person;4 acted,executed the instrument. person,(4 acted,executed the instrument WITNESS my hand and official seal. WITNESS my hand and official seal Notary Signature: i t�i`L.4�/Ar'�� Notary Signature: 4"/11s�'� Notary Seal: �� Notary Seal: m J.SKEENS -� Commission#14096" J z � z _ Notary Public-California f .ioon# 1 Commissn 79699 1 .! San Diego County _ a My Comm.Expires Apr 7,2007J 1 .`� Notary Public-Ca San Diego County My Comm.Expires Apr 7,2007 ak Stfl1)V(I � IOS! IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By: D City Attorney CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice Prescient. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: By: Notarized Signature of Chairman of Board, Notarized Signature Secretary, Asst Secretary, President or any Vice President Treasurer,Asst treasureror Chief Financial Officer Name: Name: Title: Title: State of I State of I County of Iss County of Ise On before me, On before me, personallyappeared personallyappeared personally known to me (or proved to me an the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signatum(s) on the instrument the persorr(s),or theentity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted,execded the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal, Notary Signature: Notary Signature: Notary Seal: Notary Seal: EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Start-Up and Initiation Contractor shall meet with the City upon receipt of a notice to proceed. Project initiation will include review of existing information and data sources as identified by the City. Contractor shall evaluate the necessary information with respect to the existing conditions,environmental impacts, mitigation measures, cumulative impacts, and unavoidable adverse impacts identified for the retail commercial development project. Contractor shall also evaluate available project information, and any other relevant and valid informative sources. The analysis will include all available data, initiation of additional research as appropriate, and an assessment of existing technical data for adequacy. Task 2: Notice of Preparation/Public Scoping Deliverables: Mailing list; "Notice of Availability" NOP/public scoping meetings; Memorandum describing completion of public scoping process. Contractorshall prepare a Notice of Preparation (NOP)for City approval. Public scoping will consist of issuance of an NOP and incorporation of comments received on the NOP as required by CEQA. In addition, Contractorshall participate in one public scoping meeting with the Planning Commission and two scoping meetings with local and state agencies. Contractorshall compile a list of agencies and organizations which are to receive copies of all notices and environmental documents. This list will include the local jurisdictions(the State Clearinghouse, agencies with known permitting responsibilities, any public agencies which may be affected by the proposed Project, and any organizations or individuals having previously requested copies of the environmental document. Final approval of said list will be granted by the City. Contractor shall also be responsible for maintaining the mailing list throughout the EIR process. Each mailing will be saved individually (e.g., NOP list, Draft EIR list, and Final EIR list). Task 3: Preparation of Screencheck Environmental Impact Report Deliverables: Ten (10) copies of the Screencheck Draft EIR The EIR will be written in compliance with the criteria, standards and proceduresof the CEQA Statute and Guidelines, as well as the Environmental Review Procedures of the City of Palm Springs and the regulations, requirements and procedures of any other responsible trustee or public agency with jurisdiction by law. Contractor shall prepare a Screencheck Draft of the EIR for review by City staff and outside agents of the City. DUDEK anticipates,for purposes of cost estimation,that there will be one round of review of the Screencheck Draft EIR prior to release for public review. -12- H\USERS\WPP UBLIC\03rfpMp 10-03 Prepamhon of EIR\RFP 10-03 Dudek Agm[for EIR wpd The following is an outline of the content and specific sections to be included in the EIR analysis: 3.0 Table of Contents The Table of Contents will contain a list of the EIR contents, including text discussions,list of tables and exhibits. 3.1 Executive Summary Pursuant to Section 15123 of the CEQA Guidelines, the summary will contain an overview of the proposed project,including a list of required discretionary approvals.The summary shall also include a summary of impacts and mitigation measures, known areas of controversy including issues raised by agencies and the public, as well as a summary of alternatives to the proposed project. 3.2 Introduction The Introduction section of the E IR will define the purpose,scope and legislative authority of the EIR, requirements of the California Environmental Quality Act(CEQA)and other pertinent environmental rules and regulations.This section would also describethe EIR process, structure, required contents and its relationship to other potential responsible or trustee agencies. 3.3 Environmental Setting The Environmental Setting Section of the EIR will provide a detailed description of the existing site conditions. The section will also provide an overview of the local and regional environmental setting of the project(CEQA Guidelines Section 15125). 3.4 Project Description This section will describe the location of the project, both within the regional context, and the local context, including a legal description of the proposed project, regional map, vicinity map and site plan.The description of the project characteristics would include proposed land use,project statistical data,circulation,and project construction schedule. Project background,including acomplete history of the planning and environmental review process will be provided. Project objectives will be clearly defined based on the stated objectives contained in the City of Palm Springs General Plan. The definition of project objectives will be completed in consideration of the analysis and discussion of project alternatives. A complete list of required discretionary actions, permits and approvals will be provided, with the lead and responsible agencies identified for each. 3.5 Environmental ImpactAnalysis Each environmental impact section of the EIR will contain a discussion of the existing conditions, thresholds for significance, potential environmental impacts, recommended mitigation measures to significantly reduce or avoid the impact(s), and an analysisof significance,in accordance with CEQA Guidelines Section 15126, The following is DUDEKs scope of work for each of the environmental issues that are anticipated to be addressed in the EIR: 3.5.1 Land Use, Planning and Zoning Planning documents and City ordinances and policies relevant to the project site will be identified. Contractor shall analyze project consistency with these documents and City ordinances/policies and their application to the project will be examined. The planning documents to be examined will include the City's General Plan and Zoning Ordinance, Airport Master Plan, Master Plan of Drainage, Redevelopment Plan for the project area, as well as other applicable City regulations, ordinances and administrative policies.The compatibility of the project in consideration of the airport located to the west and other planned and existing surrounding land uses will be evaluated. -13- H WSERS\W PP❑BLIM03rfpmp 10-03 Prepa2hon of EIR\RFP 10-03 Dudek Agrut for EIR.wpd 3.5.2 Aesthetics This section will include a detailed evaluation of the project components that may have an effect on the community character and views of the site from adjacent areas. Information that will be used to evaluate visual impacts of the project, including the mass and scale of the project and architectural design, includes data from the site plan and available information from the project applicant, landscape elements, and other major physical elements that will have high visual prominence. For a detailed analysis of the roof top equipment, the scope of work assumes receipt of complete information from the project applicant indicating the proposed location of equipment. Contractor shall conduct field investigations and analyze the project's visibility, view corridors, and likelihood of project elements contrasting with existing visual quality and community character. Contractor shall analyze the potential of the proposed project's lighting of impacting nearby sensitive receptors, including the adjacent Palm Springs International Airport. The scope of work assumes receipt of a site map identifying the locations of the proposed lighting posts to adequately assess potential impacts to sensitive receptors. If sensitive receptors would be impacted, Contractor shall recommend potential directional lighting measures or relocation of the lighting posts. Based on project lighting information provided by the project applicant, this section will provide an analysis of light and glare effects of the project to the adjacent land uses. 3.5.3 Biological Resources Based on the geographical location of the proposed project, the Contractor has identified general biological surveys that will be required to complete the biological assessment of the project site. In addition, Contractor shall conduct a habitat assessment for any additional focused surveys that may be required. Through informal consultation with the California Department of Fish and Game (CDFG) and U.S. Fish and Wildlife Service (USFWS), actual additional focused survey requirements (if any) will be determined. Based on previous direction from the CDFG and USFWS, the Coachella Valley Multiple Species Conservation Plan (CVMSCP) Target Species List is usually the list of species that these agencies are interested in. This list includes: burrowing owl, California black rail, California ditaxis, Casey's June beetle, Coachella Valley grasshopper, Coachella Valley Jerusalem cricket, Coachella Valley milk-vetch, Coachella giant sand treader cricket, desert pupfish, desert slender salamander, desert tortoise, dotted blue butterfly, flat-tailed horned lizard, gray vireo, Le Conte's thrasher, least Bell's vireo, little San Bernardino Mountains gilia, Mecca-aster, Orocopia sage, Palm Springs ground squirrel, Palm Springs pocket mouse, Peninsular bighorn sheep,southern yellow bat,summertanager,triple-ribbed milk-vetch,yellow warbler, yellow-breasted chat, and Yuma clapper rail. Contractor shall be responsible for the following tasks: 3.5.3.1 Review of Existing Information. Contractor shall review and analyze aerial photographs as provided and previously collected biological information pertinent to the proposed project and surrounding area. For the latter, Contractor shall conduct a search of the California Natural Diversity Database (CNDDB) and the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) sensitive species database for the project area to identify sensitive species issues. 3.5.3.2 General Biological Field Work. A field reconnaissance of the 36.59-acre site will be conducted to assess and map the general biological resources. Biological resources will be mapped for all portions of the site. Biological resources and vegetation communities will be mapped in the field onto a 200-scale (1" = 200') color aerial photograph. Vegetation communities will be mapped using the Holland (1986) classification system. The presence of any sensitive biological resources that may -14- HAUSERSMPPU9LID\03rfp'Rfp 10-03 Pr,..t,.n of EI R\RFP 10-03 Dudek A,mt for EIR wpd potentially constrain the project will be documented and mapped. Any sensitive wildlife or plant species recorded during the field work also will be quantified and mapped. Following completion of the field work, biological resources information, including vegetation polygons and sensitive species information, will be transferred to a topographic base and digitized into an AutoCAD drawing. A geographic information system (GIS) coverage will be created using ArcCAD and acreages of each vegetation type will be calculated. During this task, a habitat assessment will be conducted to determine which (if any) additional focused studies will be required to satisfy CEQA and the resource agencies. The assessment may determine the need for additional small mammal, reptile, avian, or sensitive plant surveys. Full coordination, justification, and cost estimates for these additional surveys will be provided to the City for approval or direction. In some instances it may be advisable to informally consult with the U.S. Fish and Wildlife Service prior to conducting surveys to verify need and survey methodology. 3.5.3.3 Biological Resources Report: Contractor shall prepare a biological resources report and appropriate graphics outlining the results of the literature search and field studies. The biology report will include a description of existing site conditions with special regard to sensitive habitats and sensitive species and will address the potential significant impacts of the proposed project. The degree of sensitivity of the biological resources will be evaluated in the context of federal, state, and local regulations and policies. The biological resources report will include a quantitative impact analysis and list suggested mitigation measures to reduce the level of impacts. The biological resources report will be adequate to support preparation of the EIR. The report also will identify any additional studies and/or resource agency permits that may be required before the project can proceed, including permits from the USFWS,California Department of Fish and Game(CDFG), U.S. Army Corps of Engineers (ACOE), and Regional Water Quality Control Board (RWQCB). 3.5.4 Cultural Resources Contractor shall provide a cultural resources analysis for the proposed project. A historical/archaeological resources records search at the Eastern Information Center at Universityof California, Riverside (UCR) will be conducted, which will identify previously recorded cultural resources within the study area. In addition, Contractor shall conduct historical background research on the basis of early maps depicting the project area. Field surveys of the study area, conducted in compliance with state and federal guidelines, will identify presence/absence of cultural resources. CRM will field record any artifacts, features, sites or structures greater than 50 years of age and will complete site record(s), which will be submitted to the Eastern Information Center at UCR. A cultural resources technical report will be prepared describing the findings of the study, and will be included in the EIR Appendices. The EIR will contain a summary of the conclusions in the technical report. 3.5.5 Transportation, Circulation and Access Contractor shall summarize the City approved traffic analysis prepared for the proposed project in the EIR. Based on the technical traffic study,this section will address existing conditions,project impacts,cumulative impacts, and recommend feasible mitigation measures. 3.5.6 Air Quality Contractor shall conduct the air quality analysis for the project. The following is a description of the scope of work for the air quality technical study that will be prepared for the EIR: -15- H.WSERSMPP t1RL I M03rf,Rfp 10-03 Prepa2bon of EIR1RFP 10-03 Dudek Agmt f.,EIR wpd Update the atmospheric environment setting for the project area based on data from the South Coast Air Quality Management District Palm Springs monitoring station. Calculatetemporary construction activity emissions using procedures identified within the SCAQMD CEQA Air Quality Handbook (1993). Calculate regional vehicular emissions using the California Air Resources Board URBEMIS2002 computer model. Evaluate the potential for any microscale air pollution "hotspots"formation at project area intersections using a screening procedure based upon the CALINE4 line source dispersion model. Quantify any localized impact potential from odors associated with excavation of the previous landfill onsite. Discuss project consistencywith the Coachella Valley PM-10Attainment Plan. Identify any potentially applicable mitigation measures, including any relevant transportation control measures (TCMs) incorporated into the Salton Sea Air Basins portion of the California State Implementation Plan (SIP). Discuss the potential effects on local air quality of cumulative development in the area. Compare air quality impacts of alternatives to those of the proposed project. An air quality technical report will be prepared describing the analysis and conclusions of the study, and will be included in the EIR Appendices. The EIR will contain a summary of the conclusions contained in the technical analysis. 3.5.7 Noise Contractor shall prepare a noise technical report evaluating noise impacts associated with traffic noise along Gene Autry Trail (State Highway 111)and Ramon Road, as well as potential aircraft noise impacts associatedwith Palm Springs International Airport. Existing traffic noise will be determined based on traffic noise measurements conducted at the site. The measurements will be made using an ANSI Type 1 or 2 calibrated integrating sound level meter. Future on-site traffic noise levels will be determined based on the results of the noise measurements and modeling of future traffic volume using the California Department of Transportation's SOUND 32 traffic noise prediction model. Traffic volumes will be obtained from the project's traffic engineer. Aircraft noise levels will be determined based on published data. On-site noise impacts on the existing residential development adjacent to the proposed commercial uses will also be evaluated. Noise measurements that Contractor has previously collected for commercial uses such as delivery and loading dock noise will be used to assess the noise impact associated with the proposed commercial uses. Published data will be used to assess mechanical equipment noise. Future noise levels at the adjacent residential areas will be compared to the City's exterior noise criteria. Noise mitigation measures will be recommended as necessary. Short-term noise impacts associated with construction equipment will be evaluated using previously published data. If significant noise impacts are projected, mitigation measures will be identified. A letter report will be prepared describing the analysis and conclusions of the study, and will be included in the EIR Appendices. The EIR will contain a summary of the conclusions contained in the technical analysis. 3.5.8 Hydrology/Drainage/Water Quality This section will include descriptions of drainage and flooding characteristics at the study area from on-site and off-site sources using available -16- HMSERSMPPUBLIC\03ripRfp 10-03 Preparallon of EIR\RFP 10-03 Dudek Agml For EIR wpd FEMA and local flood plain mapping and topography from the Project site and vicinity. Surface water quality objectives from the existing Basin Plan in the Project area will also be identified. Contractor shall identify the major surface waters in the Project area and their beneficial uses. The effects of the Project on runoff volumes and drainage patterns will be discussed. Potential short-term and long-term site flooding hazards and downstream flooding, erosion, and sedimentation impacts will be evaluated. Changes in surface water quality characteristics that could occur both during construction and over the long-term will be discussed and quantified to the extent feasible. Measures to reduce or eliminate effects of the Project on drainage as identified by the analysis will be discussed. Measures may include a discussion of applicable requirements of the NPDES permit program for storm water runoff including implementation of Best Management Practices (BMPs), as well as measures to reduce or avoid flood hazards. 3.5.9 Hazards and Hazardous Materials Contractor shall review the existing site remediation plan prepared for the property. A written review of the report will be provided to the City. The findings of the site remediation report and Contractor's review will be summarized in the EIR. If the findings of the investigation indicate potential impacts of hazardous wastes ormaterials on the subject property thathave not been identified,the letter report will also contain recommendations for further work related to sampling and mitigation. 3.5.9.1 Background Information: The area proposed for development includes approximately 36.6 acres. The site is the location of a currently inactive landfill that had accepted predominantly household refuse and construction waste from the early 1930s until the mid 1960s. In addition to the solid waste that was placed in the landfill, records indicate that the landfill was used for evaporation and disposal of municipal septage. During the period of landfill activity, the volume of landfill refuse was reportedly reduced in burn pits. Evidence of these burn pits was present in the historical records and documented by Leighton and Associates during their 1993 investigation. Leighton (1993) estimated the volume of landfill debris to be approximately 545,000 cubic yards(yd), of which approxmately 158,000 yd and 387,000 yd of the material are construction and household debris, respectively Using Leighton's Trench Location Map, dated July 8, 1993, the surface area of the landfill is approximately 1,130,000 square feet (ft). The thickness of the landfill material ranges from 7.0 to 20.5 feet, with an average thickness of 15 feet. The elevation of the property ranges from 372 feet above mean sea level (amsl) in the southern portion (where there is no buried landfill material) to 388 feet amsl in the western-cental portion of the property (Leighton, 1988). 3.5.9.2 Remediation Plan: The remediation plan (RAP) which has been proposed includes the removal, replacement, and re-compaction of the landfill material within the existing landfill footprint. During that process, the waste matterwill be examined and suspicious materials or household hazardous wastes will be removed and disposed in accordance with applicable laws. As proposed the remedial action will provide the following benefits to the environment including: 1)the elimination of surface risks associated with trash,sharp objects, and miscellaneous debris;2)eradication of dust and related air borne contaminants(such as lead); and 3) elimination of potential surface water infiltration responsible for leachates that can degrade groundwater quality. In addition to the environmental benefits, there would be advantages for the local community, including improved -17- H WSERSMPP UBL I M03rfpVRfp 10-03 Prepa2hon of EI R\RFP 10-03 DAA A,.t for EIR wpd aesthetics and commerce,as well as ending problems associated with illegal dumping at the site. This RAP is intended to provide the County of Riverside Health Services Agency (RCHSA; lead agency and the California Regional Water Quality Control Board - Colorado River Basin Region (Region 7; RWQCB)with a description of the proposed remedial action, conceptual property development, and proposed long-term monitoring. Specifically, the remedial action relates to the management of solid waste and potential landfill gases underlying the site. The RAP also describes the relationship of the remedial action to the development of the property. With respect to these objectives, the proposed management, methodologies, and equipment for the remedial efforts is presented. All work performed during the remediation and redevelopment of the property will comply with City, State and Federal regulations. Project specific information and the related agencies are presented in the following sections. Countyof Riverside,Departmentof Environmental Health:The County of Riverside, Department of Environmental Health will serve as the local enforcement agency (LEA) for the remediation and redevelopment project. They will function as the lead agency and be directly involved in the RAP approvals,CEQAsubmittals,materials management,day-to-dayfieldwork and monitoring, closure activities (environmental), and the redevelopment. California Regional Water Quality Control Board:The California Regional Water Quality Control Board will review all activities that could potentially affect the quality of surface or groundwater as a result of the work being performed at the site. California Integrated Waste Management Board:The California Integrated Waste Management Board (CIWMB)is responsible for managing California's solid waste stream. Under the California Environmental Protection Agency (Cal/EPA), the CIWMB assists California by helping divert its waste from landfills through waste reduction programs, providing public education and outreach, assisting local governments and businesses, and by fostering marked development for recyclable materials. The CIWMB also protects public health and the environment by encouraging used oil recycling, regulating waste management facilities, and cleaning up abandoned and illegal dump sites. The CIWMB maintains the Solid Waste Information System (SWIS)database that contains information on landfills, transfer stations, material recovery facilities, composting sites, transformation facilities, waste tire sites, and closed disposal sites throughout California. The subject landfill is included on the SWIS list as site No. 33-CR-0013. The landfill is classified as a Solid Waste Disposal Site, with a Closed operational status. In addition to the guidelines for landfill operations, the CIWMB has been consulted in the RAP for post closure monitoring requirements. South Coast Air Quality Management District:The South Coast Air Quality Management District (SCAQMD) is responsible for the air quality related -18- H\US ERB\WPP t1BLIC\03rf,Rfp 10-03 Prep as Uon of EI R\RFP 10-03 Oudek Agmt for 61R wpd issues during the removal and recompaction of the landfill material. The SCAQMD rules that apply to the proposed work include Rule 402, Rule 403, and Rule 1150 for nuisance, fugitive dust, and landfill excavation monitoring. The VCO emission monitoring for decontamination of soil (Rule 1166) is covered in the Rule 1150 permit. Under Rule 1150, the ACMD issues site specific permits which require the holders to monitor the perimeter and excavation face for landfill gasses such as methane, sulfur compounds, and any speciated non-methane hydrocarbons such as benzene and vinyl chloride. The permit also limits the amount of work face that can be excavated at any given time. Desert Water Agency: The Desert Water Agency(DWA) is the watersupply agency for the subject area. The DWA also maintains groundwater monitoring wells in the vicinity of the site due to the proximity of their local water supply wells. It is likely that the DWA will be involved in the post closure monitoring program. The Contractor shall review the RAP and analyze the document as part of the environmental analysis. 3.5.10 Public Services and Utilities Contractor shall contact potentially affected agencies to identify and obtain information for an analysis of the existing services,the project's impacts to the services, and recommended mitigation measures. Contractorwill contact the agencies associated with the areas of schools, fire service, police service, sewer and water systems, parks, and library service. The discussion will focus on the required alteration of existing facilities, expansion of new facilities, and the increased demand on services based on City approved standards and measures. As the project proposes development of retail commercial buildingswith the potential to place an additional demand on public services and utilities, Contractor shall concentrate the analyses of impacts to existing services and facilities which may result due to the proposed actions. Contractor shall also evaluate the ability of the project to receive adequate service based on City standards and,where adequate service is not available, Wll identify the effects of inadequate service and recommend mitigation measures. 3.5.11 Other CEQA Mandated EIR Sections In accordance with Article 9 of the State CEQA Guidelines,the EIRwill contain a discussionof the irreversible environmental changes that will result from the proposed project, unavoidable significant impacts, and those effects found not to be significant. This section will also include the following: 3.5.11.1 Cumulative Impacts: This section will be based on a list and description of closely related past, present and reasonably foreseeable future projects within the project vicinity that would have the ability to contribute to cumulative effects in any of the environmental issue areas discussed in the EIR. This section will evaluate whether individual project impacts are cumulatively significant when viewed in combination with these other projects. The discussion will include an assessment of the project's ability to compound or increase adverse environmental impacts when added to cumulative projects. The cumulative analysis will evaluate compliance with adopted "Threshold Standards" and applicable policies and programs. 3.5.11.2 Growth Inducement: The growth inducement discussion will assess the potential of the proposed project to induce economic or population growth and the _19_ H 9 USERSMPP JBL1M031fp`Rfp 10-03 Preparo Lion of EIR1RFP 10 03 Dudek Agml for EIR wpd construction of additional housing, either directly or indirectly, in the surrounding environment. The project will also be discussed in relationship to its compliance with regional and local growth management policies and growth forecast assumptions. In addition, the potential for use of large amounts of fuel or energy will be discussed. 3.5.11.3Alternatives: The El R will address up to three project alternatives that could feasibly attain the basic objectives of the proposed project. In addition, the alternatives discuss will address the "No Project" alternative. Determination of specific alternatives will be done in coordination with City staff. The focus of the Alternatives discussion will be those project alternatives that reduce or avoid any identified significant environmental impacts, in accordance with the requirements of CEQA. The Alternatives discussion will include a comparative analysis of the various project alternatives in relation to the proposed project. The analysis will include a quantitative analysis of effects, where appropriate. 3.5.11.4References,Persons andAgencies Contacted and EIR Preparation:The EIR will contain a list of all references and persons and agencies contacted used in preparation of the EIR. In addition, the EIR will list all persons involved in the preparation of the document and their title and role. 3.6 Appendices The Appendices shall include a copy of the Notice of Preparation(NOP), Responses to the NOP, and any technical studies prepared for the projects that are not a part of the EIR. Task 4: Draft EIR Deliverables: Sixty (60) copies of the Draft EIR and one (1) reproducible master. Upon final acceptance by City staff, Contractor shall deliver a public-review Draft EIR. Contractor shall mail the Draft EIRs by Certified Mail and prepare a Notice of Completion. Task 5: Mitigation Monitoring and Reporting Program The Mitigation Monitoring and Reporting Program(MMRP)will be developed at the Draft EIR stage and will include monitoring team qualifications, specific monitoring activities,a reporting system and criteria for evaluating the success of the mitigation measures. Mitigation measures contained in the EIR will be developed in consideration of future monitoring requirements and will be written in sufficient detail to address impacts at the project level, referencing the appropriate implementing permits such as grading permits, final maps, and landscape plans. Task 6: Final EIR Deliverables: Ten (10) copies of the Screencheck Final EIR (Response to Comments); Sixty (60) copies of the Final EIR; Five (5) copies of the Final EIR with Administrative Record including Planning Commission and City Council Resolutions and one (1)reproducible master. Contractorshall respond to public comments on the Draft EIR, provide Responsesto Comments and revisions to the Draft EIR text. This task assumes that Contractor shall respond to up to fifty (50) -20- H.\USERMPP UBLIC\03rfpR[p 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIR wpd substantive public comments on the Draft EIR(note that a single comment letter may contain multiple comments). Task 7: CEQA Notices At the completion of the Draft EIR preparation stage,Contractors ha I I prepare a Notice of Completion (NOC) in the form of the most recently updated CEQA Guidelines(January 2002). The NOC will be forwarded to the State Clearinghouse and to reviewing parties, along with the Draft EIR. If the City Council elects to approve the proposed project, Contractor shall prepare a Notice of Determination to be filed with the County Clerk's office within five days of project approval. Task 8: Candidate CEQA Statement of Facts & Findings and Statement of Overiding Considerations Candidate CEQA Findings of Fact will be prepared for submittal to the City of Palm Springs. The CEQA findings shall specify which mitigation measures have been incorporated into the project, as well as those feasible mitigation measures that have not been incorporated and explain why they have been found to be infeasible. The Findings will also identify feasible alternatives that could reduce adverse project impacts but that are not being adopted and will provide specific considerations as to why the alternatives are infeasible. If applicable, a Statement of Overriding Considerations shall be prepared by the Contractor. Task 9: Meetings and Hearings Contractor shall attend the following Project meetings and hearings. One (1) project initiation meeting with the City and Project participants; One (1) public scoping meeting during NOP public review; Two (2) scoping meetings with local and state agencies; One (1) meeting with the City and Project participants to review Screencheck Draft EIR comments; Two (2)public hearings (one Planning Commission hearing and one City Council hearing) Task 10: Project Management Preparation of the EIR will be under the management and daily supervision of Mr. Joe Monaco, who will serve as project manager. Mr. Monaco,will provide daily supervision of the project team including subconsultants and will fullyevaluate and keep abreast of all issues inherent in the proposed project through continued coordination with the Cityof Palm Springs and projectteam.This coordination will provide an opportunity for sound project management to ensure that the project is running on time and within the established budget. Contractor will maintain routine contact with the City project planners and the applicant's team members. Contractor's management team will be responsible for coordination of all of Contractor's team members and staff. Where appropriate, Contractor will utilize the expertise of City staff and applicant'steam membersto confirm assumptions and methodologies,to provide input informulating key mitigation measures, and to verify major conclusions. It is understood that the City Attorneywill provide legal review of the Environmental Impact Report, -21- H\USERSMPP UBLIC\03rfpRrp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for F[R.wpd and should legal questions arise about the project, the Contractor will rely on the City Attorney for assistance. It is expressly understood that it is the City's intention to prepare an Environmental Impact Report, as described in the scope of services, which will fully comply with the requirements of CEQA and that, due to the sensitive nature of the project area, there is some potential for litigation concerning this project. Contractor's work product, as described in the scope of services, will be subject to the review of the City's Director of Planning and Building and the City Attorney. Contractor will make any and all revisions necessary in the opinion of such officials to bring the entire document into full compliance with CEQA without making any additional claims for compensation therefore. The City shall make a good faith effort to advise Contractor of any necessary revisions in an organized manner without repetitive edits. _22_ H.WSERMWPP UBL I CW3rfplRfp 10-03 Preparation of EI R\RFP 10-03 Dudek Ag mt for E I R wpd EXHIBIT "B" SPECIAL REQUIREMENTS Section 4.3 The City hereby approves the use of Giroux Associates as subcontractor for portions of the project scope of work related to air quality and CRM Tech as subcontractor for portions of the project scope of work related to cultural resources Section 5.1(d) The Contractor shall procure and maintain professional liability insurance in a minimum amount of $1,000,000 conforming to the policy requirements of Section 5.0 of this Agreement. Section 5.3 The requirements of Section 5.3 for a Performance Bond are herebywaived. -23- H W SERS\WPP UBL1MD3rfpVRfp 10-03 Prepardtton of EIR\RFP 10-03 Dudek Agmt for EIR wpd EXHIBIT °C° SCHEDULE OF COMPENSATION Total Compensation: Total compensation for the work to be performed shall not exceed$110,775.00 which is distributed over the individual tasks as indicated below. Payment: For Tasks 1, 2, 4, 5, 6, 7, and 8 payment shall be made in a lump sum amount at the completion of the task (at the milestone indicated below). For Task 3, Contractor may request payment in accordance with the percentage completion of the task up to 50% of the task amount. The remaining balance will be paid upon completion of the task. For Tasks 9 and 10, Contractor shall be paid in a lump sum at the completion of the task or, if the project does not proceed to hearings/meetings, Contractor shall be paid for the percentage of the task actually completed. Task Payment Milestone Payment Amount Payment Method Task 1 Execution of Contractor Agreement by all parties $2,500 Lump sum after completion and project initiation meeting Task 2 Filing of Notice of Preparation and submittal to $4,260 Lump sum after completion City of memorandum describing completion of public scoping process Task 3 Submittal of Screencheck Draft OR to City $51,144 Percentage of completed work (limited to 50% prior to completion) Task 4 Delivery of Draft EIRto City $15,625 Lump sum after completion Task 5 Delivery of MMRP to City $2,686 Lump sum after completion Task 6 Delivery of Final EIR to City $17,570 Lump sum after completion Task 7 Filing of Notice of Completion $3,230 Lump sum after completion Task 8 Delivery of Findings to City $1,920 Lump sum after completion Task 9 City Council meeting or hearing on the project $9,860 Lump sum after completion or, if project does not proceed, percentage for completed work Task 10 City Council meeting or hearing on the project $1,980 Lump sum after completion or, if project does not proceed, percentage for completed work -24- H.\USERSMPPUELIC\03rfp'Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agml for EIR wpd EXHIBIT "D" SCHEDULE OF PERFORMANCE The work shall be completed In accordance with the following schedule: Task Task Description Completion Date: Assumptions/City obligations Task 1 Project Start-Up/Initiation August 5, 2003 Task 2 Notice of Preparation August 22, 2003 City to provide complete project description to Contractor by August 15,2003 Task 3 Preparation of Screencheck EIR October 3,2003 City to provide City Engineer-approved traffic study to Contractor By August 22,2003 Task 4 Draft EIR October 24,2003 City to provide comments on screencheck draft EIR by October 17, 2003 Task 5 Mitigation MonitoringfReporting October 24, 2003 City to provide comments on screencheck Program draft EIR by October 17,2003 Task 6 Final EIR December 8,2003 Assumes draft EIR Public Review Period begins October 24,2003 Task 7 CEQA Notices January 7,2004 Assumes approval of project at January 7, 2004 council meeting Task 8 Candidate CEQA Findings of Fact December 8, 2003 Assumes draft EIR Public Review Period begins October 24,2003 Task 9 Meetings and Hearings January 7,2004 Assumes item agendized for January 7, 2004 Council meeting Task 10 Project Management January 7, 2004 Assumes item agendized for January 7, 2004 Council meeting -25- HAUSERSMPP UBLI M03rf,,Rfp 10-03 Prepay lion of EIR\RFP 10-03 0,dek Ag m(for EIR w,d Engineering,Planning, ���J' 75-150 Sheryl Avenue Environmental Sciences and &ASSOCIATECIATES,INC. Suite C 760.341.6660 P­/..,,,,,sac ra f. P.m«[s Management Services Palm Desert,Calitorma 92211 Fax 760.346.6118 February 18, 2003 203129-300 City of Palm Springs Attn: Bruce Johnson Senior Procurement Specialist 3200 East Tahquitz Canyon Way ' Palm Springs, California 92262 SUBJECT. PROPOSAL FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR A RETAILICOMMERCIAL DEVELOPMENT- REQUEST FOR PROPOSAL NO. 10-03 Dear Mr. Johnson: Dudek& Associates, Inc. (DUDEK) is pleased to submit this proposal to provide environmental consulting services for the preparation of an Environmental Impact Report (EIR)related to a Disposition and Development Agreement for an approximately 370,000 square foot retail/commercial development proposed at the north east corner of Gene ' Autry Trail and Ramon Road. DUDEK has assembled a project team that has been developed specifically to respond to the needs of the City of Palm Springs to efficiently assemble all necessary environmental documentation for the proposed project. The DUDEK team offers the City an opportunity to benefit from highly specialized expertise and experience in each of the issue areas relevant to the project. Our project team has related experience for redevelopment of former waste sites and on other projects within the City of Palm Springs. To compliment our in-house staff, we have selected Giroux & Associates for Air ' Quality issues, Michael Hogan, Ph.D, RPA for Cultural Resources, and Endo Engineering for Transportation Circulation &Access (optional). Our whole team is implementation-oriented and cost-control conscious. Working closely ' with the City and project contacts, we will expedite the preparation to meet your schedule. ' We believe we have exceptional qualifications and experience to successfully undertake this important project. DUDEK understands the critical issues of the project and that the City needs a consultant that has extensive experience in the following: ' ❑ CEQA environmental compliance documentation ' ❑ Experience with retial/commercial centers, site planning and design and key environmental issues including traffic, noise and drainage ❑ Possesses the resources to meet or exceed your fast-track schedule and deliver the Final EIR in an expeditious manner Mr. Bruce Johnson ' Environmental Impact Report(EIR)for a Retail/Commercial Development Page 2 ❑ Understanding and ability to resolve potential environmental issues and providing a user-friendly document The enclosed proposal meets the requirements as outlined in the City of Palm Springs Request for Proposal. We look forward to working for you on this exciting project. If selected, DUDEK will meet the insurance requirements detailed in Exhibit B of the Sample Agreement. In addition, we understand the final agreement will incorporate the scope of services, responsibilities, deliverables, and schedule. Very truly yours, DUDEK &ASSOCIATES, INC. 71 Jo naco, AICP Senior Project Manager Environmental Sciences Division 1 City of Palm Springs Retail Commercial Center Development Project EIR TABLE OF CONTENTS ' Section Page No. 1.0 EXPERIENCE AND QUALIFICATIONS............................................................................1 1.1 Firm Overview..................................................................................................1 1.2 CEQA and Environmental Studies Experience.....................................................1 1.3 Project Team Qualifications...............................................................................1 2.0 RELEVANT PROJECT EXPERIENCE.................................................................................3 2.1 Dudek ............................................................................................................3 2.2 Giroux & Associates..........................................................................................5 2.3 CRM TECH .......................................................................................................6 2.4 Endo Engineering .............................................................................................7 3.0 PROJECT APPROCAH AND SCOPE OF WORK..............................................................7 3.1 Management Approach ....................................................................................7 3.2 Project Understanding.......................................................................................9 3.3 Work Plan ........................................................................................................9 4.0 TEAM COMMITMENT ................................................................................................18 ' 5.0 SCHEDULE................................................................................................................ 18 6.0 COST ESTIMATE (under separate cover)......................................................................19 r �IJ -Y 111 �nasoolnzns,INC. 1 203126-300 City of Palm Springs Retail Commercial Center Development Project EIR I1.0 Experience and Qualifications ' 1.1 Firm Overview Dudek &Associates, Inc. (DUDEK) was established in Encinitas, California in 1980. DUDEK is a California Corporation and throughout the 1980s and 1990s, we have added supporting technical services in response to the needs of our clients in an ever-changing regulatory environment. With a staff of 150, and offices in Encinitas (Corporate), Santa Barbara, Redlands, Anaheim, and Palm Desert, we are able to provide consulting services throughout California. Our experienced professionals are able to facilitate project planning and environmental approvals, technical design, construction phases and post-construction monitoring. As further summarized below under Related Project Experience, DUDEK has the experience and demonstrated ability to prepare environmental documentation that fully complies with CEQA. Project Management Philosophy We employ responsible and reliable project management procedures to meet the requirements of each client. Project managers are required to have many years of professional experience, advanced ' degrees, and professional registration where appropriate. We emphasize communication between our project manager, the professional team, and the client, focusing on established project goals, tasks, and schedule. Supporting Services Supporting our technical divisions are experienced administrative, job-accounting, and graphics staff. ' With the use of state-of-the-art computer hardware and software our support staff is able to meet the specific needs of our clients. Appropriate software for systems modeling, engineering, computer aided design and drafting (CADD), geographic information systems (GIS), and project management is employed. 1.2 CEQA and Environmental Studies Experience Since 1980, DUDEK has prepared over 500 environmental documents in compliance with the California Environmental Quality Act (CEQA). In addition, DUDEK has prepared environmental documentation for a wide range of development projects including commercial and retail 1 developments, residential, mixed-use developments, infrastructure and institutional facilities and habitat conservation plans (HCPs) and natural community conservation plans (NCCPs). Specifically, the range of CEQA/NEPA documentation services offered includes: ' ❑ Notice of Preparation / Notice of Intent ❑ Initial Studies / Environmental Assessments ' ❑ Negative Declarations, Mitigated Negative Declarations ❑ Findings of No Significant Impact ❑ Environmental Impact Reports and Statements ❑ Mitigation Monitoring Programs 1.3 Project Team Qualifications DUDEK and its professional team are well suited and uniquely qualified to assist the City of Palm Springs with the completion of an Environmental Impact Report for the proposed 350,000 square foot retail commercial buildings. The project team organization chart depicts our professional team and their roles and responsibilities for this project. The DUDEK Team consists of professionals with direct �assoc><urs,rNc. 1 20312e-300 City of Palm Springs Retail Commercial Center Development Project EIR related experience in dealing with issues that will be of concern with the proposed project. The Project Manager, Joe Monaco previously served as the Planning and Environmental Manager for the Chula Vista Redevelopment Agency. In his tenure with the city, Mr. Monaco routinely interacted with the County Environmental Health Division, the State Department of Toxic Substances Control (DTSC) and the Regional Water Quality Control Board (RWQCB) to bring closure and reuse to a number of sites contaminated with hazardous materials. Of particular note was a former Class I landfill site with high levels of TCE in the groundwater that is currently being developed for office/industrial uses. Mr. Monaco worked extensively with DTSC in review and processing of a Health Risk Assessment that ultimately provided for surface development of the site. Mr. Monaco also worked with " " a, MIONQ9 the Local Enforcement Agency (LEA) in • W11 IM019111WW permitting of a waste transfer station within the City that was proposed to reduce growth pressure on a regional landfill that tt__� was also located within the City. Mr.Monaco's experience in redevelopment includes negotiation of Disposition and Development Agreements with special considerations for liability associated with known and/or potential contamination on Agency-owned properties. Jon Berg, who CEQA Compliance Air Quality Jon Berg,B.S. Hans Giroux,M.S. will serve as principal environmental (Giroux&Associates) analyst, will work closely with Mr. Monaco Land Use and Planning on this project. Mr. Berg has over six years &Aesthetics Cultural Resources experience in preparation of environmental M loc Nen, Michael Hogan,ch.D,RPq y gu yyen,M.S. (CRMTech) documentation in accordance with the Paul Caligiuri,A.A. California Environmental Quality Act Transportation Circulation (CEQA). He has familiarity with the project Biological Resources &Access Brock Ortega,B.S. Greg Endo area through is work on the Mountain Falls (Endo Engineering) Golf Preserve EIR, Shadowrock Planned Transportation Circulation Optional Development District EIR, Palm Hills Specific &Access Plan, Canyon Vista Specific Plan, and a Jon Berg,B.S. Mitigated Negative Declaration for the Noise Palm Springs Aerial Tramway Modernization Mike Komula,M.Sc. Project. Hydrology/Drainage/ ' Water Quality DUDEK has selected senior and associate Jim Turpin,P.E. land use/environmental planning and Hazardous Materials acoustical technical staff and environmental Derek Reed,P.E. engineers to address those environmental and regulatory issues and concerns that are Public Services&Utilities anticipated to be of most concern during Jon Berg, B.S. the course of this project. Resumes of all team members are provided in Appendix A. To augment the DUDEK team we have included Mr. Greg Endo from Endo Engineering (traffic), Mr. Hans Giroux from Giroux and Associates (air quality), and Mr. Michael Hogan from CRM TECH (cultural resources) on our professional team. In addition, these subconsultants have been involved [_',"_I [t '' L_J 2 203126a00 &ASSOCIATES.INC. i�l�m.Tr<�.p.wmri_nAe. City of Palm Springs Retail Commercial Center Development Project EIR with projects in Palm Springs for several years and have performed numerous technical studies and field surveys that have been used in a number of CEQA documents for projects in the City. Some of these projects are highlighted in Section 2.0 Relevant Experience below. The professional team assigned to this retail commercial development EIR project is available and ready to begin work on this important project. DUDEK has the staff resources and the depth to complete this project in a timely manner for the City of Palm Springs. The adjacent table depicts all Lour team members, their project role, and years experience in their respective fields. 1 7fl_;$:n',iksll a11$9 °' IL;t a1P l',JI hil;- Joe Monaco, A.I.C.P, Project Manager 16 Jon Berg, B.S. Principal Environmental Analyst 6 Derek Reed, P.E. Hazardous Materials 12 Paul Caligiuri, A.A. Visual Simulations(optional) 15 ' Brock Ortega, B.S. Biologist 12 Jim Turpin, P.E. Hydrologist 10 Mike Komula, M.Sc. Acoustician 19 Myloc Nguyen, M.S. Environmental Planner 4 h,1_;rg>�aretyriiy�ryaN,q Hans Giroux, M.S. Air Quality Specialist 30 (Giroux &Associates) Michael Hogan, Ph.D., RPA Cultural Resources Specialist 22 (CRM TECH) Greg Endo, P.E. Traffic Engineer 24 (Endo Engineering) (optional) 2.0 Relevant Project Experience The project descriptions listed below include relevant experience for DUDEK, Endo Engineering, Giroux Associates and CRM TECH. DUDEK has selected these subconsultant team members due to their relevant project experience in the project area and their extensive experience in their respective fields of expertise. 2.1 DUDEK DUDEK has prepared three Wind Energy Conversion System (WECS) EIRs in Riverside County from ' 2000 to a current project. Brief descriptions of these projects follow: ❑ (WECS) 172 EIR (current project). Preparation through the County of Riverside of an EIR for a WECS permit containing two alternative development scenarios for two sites totaling 357 acres. The first development alternative consisted of 36 MHI 600 kW turbines and the second included 35 Vestas 660kW turbines. Both alternatives involved the installation of support facilities including gravel surfaced access roads, meteorological towers, a substation, a 1'i � 3 203123-300 �A99aCIATa,INC. City of Palm Springs Retail Commercial Center Development Project EIR storage yard and off-site improvements. The project involved a Change of Zone over a portion of the property and a variance from the County of Riverside's Scenic Setback criterion. The EIR demonstrated that there where special circumstances associated with the property which justified the County's discretionary approval for variance regarding the scenic setback. t ❑ WECS 707 EIR (2001). Preparation through the County of Riverside of an EIR for a WECS permit containing two alternative development scenarios for a 451 acre site. The first development alternative consisted of 39 600-700 kW turbines and the second included 42 900-1000 kW turbines. Both alternatives involved the installation of support facilities including gravel surfaced access roads, meteorological towers, a substation, a storage yard ' and off-site improvements. The project involved Variances from the County's scenic and safety setback criterion. The EIR successfully demonstrated that there where special circumstances associated with the property which justified the County's discretionary approval for variance's regarding these setbacks. In addition, the project involved internal parcels of land which are under the jurisdiction of the Bureau of Land Management (BLM). The BLM parcels required development of an Environmental Assessment according to NEPA protocols. 1 Consultation and coordination with these two jurisdictional entities (County & BLM) played a vital role in the planning process and ultimate certification of the EIR. ❑ WECS 103 EIR (2000). Preparation through the County of Riverside of an EIR for a WECS permit containing two alternative development scenarios for a 554 site. The first development alternative consisted of 45 600 kW turbines and the second included 35 900-1000 kW turbines. Both alternatives involved the installation of support facilities including gravel surfaced access roads, meteorological towers, a substation, a storage yard and off-site improvements. The project site is contiguous with BLM land at the northeast corner, and along the sites western boundary. Consultation and coordination with these two jurisdictional entities (County & BLM) played a vital role in the planning process and ultimate certification of the EIR. The project also involved variances from the County's safety and wind access setback criterion. The EIR demonstrated that there where special circumstances associated with the properly which justified the County's discretionary approval for variance regarding these setbacks. Contact: Mike Azeka, Sea West WindPower, Inc. (619) 293-3340 Mountain Falls Golf Preserve EIR. DUDEK staff was retained by the City of Palm Springs to prepare an EIR for a proposed golf course with clubhouse and condominium units adjacent to downtown Palm Springs. The report addressed the environmental impacts that would result from construction and operation of 20 condominium units and an 18-hole golf course including a clubhouse, practice ' facility, and maintenance building. The project is located on 359 acres of land consisting of a retention basin and undeveloped hillside immediately west of the Los Palmas Neighborhood, an established residential community. Key issues included endangered species (Peninsular Bighorn ' Sheep), hydrology, geotechnical and air quality issues as well as addressing neighborhood concerns about circulation, noise, aesthetic and lighting impacts. A mitigation monitoring program, Statement of Facts and Findings, Statement of Overriding Considerations, and various Staff reports were also prepared for this project. Contact: Douglas Evans, City of Palm Springs (760) 323-8245 ' Period of Performance: 7 998 4 203125-300 &ASSOCIAIGS.INC. mrmi u...n m„puroai. City of Palm Springs Retail Commercial Center Development Project EIR City of Coachella General Plan Update And Final EIR. DUDEK staff prepared a comprehensive General Plan Update and Environmental Impact Report (EIR) for the City of Coachella. The analysis considered the various land use alternatives and potential environmental impacts of buildout for the ' 84-square-mile project area under revised City general plan maps and elements, and alternative development scenarios. The analysis concentrated on key issues of importance to the community including agricultural preservation/conversion to urban uses, incorporation of previous Specific Plans, traffic, maintenance of neighborhood character, preservation of open space on hillsides, arroyos, and watercourses, safety and hazard protection, cumulative/growth inducing impacts, and the plan's inter relationship with surrounding jurisdictions. The study provided a geotechnical database and mitigation program using the latest seismic data analysis from the 1994 Northridge Earthquake. The study also incorporated regional traffic and growth projections through close coordination with the Coachella Valley Association of Governments. rContact: Susan Williams, City of Coachella (760) 398-3102 Period of Performance: 1997 tChicago-Central Avenue Shopping Center EIR. DUDEK staff was retained by the City of Riverside to prepare a focused EIR for a general plan amendment and site plan approval for a proposed shopping center at the corner of Chicago and Central Avenue. The report addressed the environmental impacts that would result from construction and operation of a grocery store and retail commercial complex on the site. The project is located on 11 .4 acres of vacant land occurring along a major open space corridor within the City. The analysis considered two alternative site configurations and four offsite alternatives. DUDEK worked closely with City Staff to maximize use of the City's GIS system for preparation of graphics as a cost saving measure. Key issues included aesthetic and open space concerns, general plan consistency analysis, hydrology, traffic and air quality issues. ' Contact: Steven J Whyld, City of Riverside (909)782-5312 Period of Performance: 1997 2.2 Giroux &Associates Ocotillo Power Plant Air Quality Peer Review— City of Palm Springs. Giroux &Associates reviewed the air quality studies for the proposed (and then withdrawn) Ocotillo Energy project in North Palm Springs. They prepared written reviews, met with staff and consultants, and attended public hearings at the request of staff to provide technical support. Ramon Road Widening— Los Alamos To DaVall Drive, Rancho Mirage. Giroux &Associates prepared an air quality and noise impact analyses for widening Ramon Road to Circulation Element standards adjacent to Mission Hills Country Club. They conducted measurements, performed computer modeling, and attended numerous meetings with City, County, Caltrans and FHWA staff. Rancho Royale Specific Plan —Desert Hot Springs. Giroux &Associates prepared an update to air quality and noise studies for over 3,000 dwelling units, hotels, golf courses, and support commercial development with a particular emphasis on micro-climate wind modification in a high wind area. Badlands Landfill Consolidation/Expansion —Riverside County Integrated Waste Management. Giroux &Associates prepared an air quality technical report for closure of three small landfills and transfer of 5 203126-300 .4 AS80C1:1TriS,INC. City of Palm Springs Retail Commercial Center Development Project EIR municipal solid waste via four new MRF/transfer stations. They identified air quality benefits from consolidation of operations as offset by increased local impacts due to Badlands expansion from permitted 1400 TPD to 4000 TPD. Giroux &Associates also conducted computerized atmospheric dispersion modeling using the EPA ISC3 (Industrial Source Complex) computer model. They summarized findings in a technical report in support of a Mitigated Negative Declaration as project environmental clearance. ' EI Sobrante Expansion Draft EIR Peer Review—Riverside County Integrated Waste Management. Giroux &Associates evaluated the Draft EIR analysis prepared by Environmental Solutions for technical and legal accuracy in air quality and noise as part of a third party review team with EMCON Associates. They prepared written evaluations, participated in coordination meetings to resolve technical differences and conducted independent measurements to substantiate recommended changes. Giroux &Associates are currently working on or have prepared a number of air quality studies for "big box" retail centers throughout California. Their retail project experience includes the following: t ❑ Costco: Lo Habra, Inglewood, Citrus Heights, Culver City ❑ WalMart: La Habra, Temecula, Citrus Heights, San Diego, Palmdale ❑ Home Depot: Costa Mesa, Whittier, La Habra ❑ Lowe's: La Habra ❑ Albertson's: Alpine, Costa Mesa ❑ Sam's Club: Palmdale 2.3 CRM TECH City of Palm Springs, Riverside County, California. Identification and Evaluation of Historic Properties (Section 106 compliance): Vista Sunrise Apartments (2003). City of Palm Springs, Riverside County, California. Historical/Archaeological Resources Survey Report: Tentative Tract No. 31095, City of Palm Springs, Riverside County, California (2003). City ofVidorville, San Bernardino County, California. Historical/Archaeological Resources Survey Report and Paleontological Resources Assessment Report (CEQA compliance): Southern California Logistics Airport Specific Plan Amendment and Rail Service Project, City of Victorville, San Bernardino County, California (2003). Near the City of Brea, Orange Counly, California. Historical/Archaeological Resources Survey Report and Paleontological Resources Assessment Report (CEQA compliance): Reinstatement Of Carbon Canyon Dam Sewer And Pump Station Abandonment Project (2002). Near the City of Palm Springs, Riverside County, California. Historical/Archaeological Resources Survey Report (CEQA compliance): Mt. View III Windfarm Project (2002). In and Near the City of Redlands, San Bernardino County, California. Historical and Archaeological Resources Survey Report: Westside Landfill Expansion Project (2000). 6 203126-300 4 ASSOCII171S,INC. M1+fa„xn,l4u,z(.r Oamplelh(m, City of Palm Springs Retail Commercial Center Development Project OR 2.4 Endo Engineering ' Wal-Mart Shopping Center. A traffic, air quality and noise impact analysis addressing the impacts associated with the Wal-Mart Shopping Center in the City of Palm Springs. The 30-acre project site is located south of Ramon Road and north of Sunny Dunes Road, between San Luis Rey Drive and Crossley Road. The proposed project would include approximately 278,153 square feet of commercial uses including a Wal-Mart, a Wal Mart gas station, and three free standing commercial pads. Lowe's Home Improvement Warehouse. A traffic impact analysis addressing 13.33-acre project site located west of San Luis Rey Drive, between Ramon Road and Camino Parocelo in Palm Springs. The ' proposed project included approximately 162,000 square feet of building area, including the outdoor garden area. The CVATS model was utilized to project future traffic volumes. MidValley Center Planned Development District. A traffic, air quality and noise impact analysis addressing approximately 500,000 square feet of commercial, office and business park building area, 700 hotel and fractional ownership units, and an 18-hole golf course on 5 parcels of Indian owned land. Palm Springs Regional Airport Master Plan Update. A traffic, air quality and noise impact analysis addressing the future use and role of the 925-acre airport including recommended development actions related to the airfield facilities, the passenger terminal complex, the general aviation complex, and airport support facilities needed to accommodate future demands over a twenty-year development period. The CVATS model was utilized to project future traffic volumes. Palm Springs International Airport Access and Internal Circulation Modifications Study. An evaluation ' of the traffic impacts associated with access and internal circulation modifications proposed at the Palm Springs International Airport in response to new security requirements. The Mid-Valley Parkway airport extension is being modified to include a security inspection station that will stop all westbound traffic. The Mid-Valley Parkway serves airport traffic, but also provides an alternate route for Palm Springs commuters bypassing the intersection of El Cielo Road and Ramon Road during congested periods. The proposed changes to the airport access and internal circulation system will result in non- airport through traffic being rerouted off airport properly. ' Palm Springs TPM 29631. A traffic impact analysis addressing the industrial development of 23 parcels on approximately 41 .5 acres located on the east side of Gene Autry Trail, opposite the Palm Springs International Airport, in the City of Palm Springs. The development was proposed west of the Dream Homes Community and San Joaquin Drive, north of Mission Drive, and south of the Coda ' Resort and Golf Community Planned Development District 231 . ' 3.0 Project Approach and Scope of Work 3.1 Management Approach A key requirement to the successful implementation of environmental documentation projects is a clear organizational framework that defines lines of communication among environmental team members and the City. Through numerous CEQA documentation projects, DUDEK has developed a E._ � 7 203126-300 4 ASSOCIATES,INCH �TMlh.d T<m.4«mn�«hn`n, City of Palm Springs Retail Commercial Center Development Project EIR proven management plan for coordinating environmental contracts to meet environmental ' documentation requirements and compliance standards in support of development projects. The management team's long term experience with CEQA projects and knowledge of the current legislation and regulatory issues, places DUDEK in a unique position to fully grasp the impacts of any new issues that occur, to develop effective analyses, and to expeditiously provide a well written, user friendly document. To provide the City an effectively managed, integrated team, we have identified below the key elements of our approach to managing our team: ❑ Assignment of a Senior Project Manager and Deputy Project Manager who will both be able ' to serve the client as the primary and secondary points-of-contact for the City and all project contacts. ❑ Maintenance of an open and effective line of communication with the City regarding prioritization of work assignments, selection of technical approaches to meet specific objectives, and progress of the work are essential to effective project management. ❑ Early involvement of key personnel in development, planning, staffing, and implementation of project work. ❑ Prior to initiating environmental services, the Project Manager will develop a project plan ' based on six elements. Each element will be part of the project management plan and will be used for allocation of staff resources, establishment of budget and schedule milestones, and assessment of progress during the course of work. This project plan will be established during the contract negotiations and will form the basis of the environmental contract. W.11 AA e UgDGI l-:_:'7 ._-�1IIIi.r::, IUq♦ IUIKAIIK�/Q IIC�{ I: IE//C'U IU�n r! • • Implementation of DUDEK's project management plan will result in seamless project execution from start to finish. I DUDEK will facilitate adequate communication between all of the team members and City staff in order to keep everyone properly targeted. The DUDEK project manager will establish a budget in hours, as defined in the negotiated scope of work. Budgets will be assigned to the DUDEK team, including subconsultants. DUDEK will track and manage task budgets. Through our Wind2 Software, the DUDEK project manager will use the following reports to track project budget and schedule: Weekly Time Sheets; Weekly Hours Report; Detailed Cost Reports, Monthly or As-Needed; and Monthly Work-in-Progress reports. By using these in-house management tools, Mr. Monaco, who will serve as the primary point-of-contact for this project, and has been very successful in meeting, schedule and budget and coming in under budget on projects. 1; )� 1�:l 8 203126-300 H ASSOC]ATPS,IN0. 1 City of Palm Springs Retail Commercial Center Development Project EIR The project organization has been developed to facilitate communication and to address the most difficult environmental issues that may arise during this project. It is also structured to be flexible and allow us to respond to changing requirements and any unforeseen environmental issues that can arise during the process. 3.2 Project Understanding The City of Palm Springs is seeking a qualified consulting firm to prepare a focused Environmental Impact Report (EIR) for a Disposition and Development Agreement between the Community Redevelopment Agency of the City of Palm Springs (CRA) and Geiger, LLC., to allow the development of an approximately 350,000 square foot retail shopping center. The proposed shopping center would be located at the northeast corner of Gene Autry Trail and Ramon Road on approximately 36.59 acres of vacant land. The site is located adjacent to the southeast corner of the Palm Springs ' International Airport. The project proposes to include six retail buildings ranging in size from 10,000 square feet to 205,000 square feet, for a total of approximately 350,000 square feet. In addition, five restaurants are also proposed, for a total of 21 ,000 square feet of restaurant area. The plan ' proposes a parking lot of approximately 1,900 parking spaces to serve the shopping center. The existing land use designation is IND (industrial) and the existing zoning is M-1-P and W-M-1-P. ' The proposed project does not require changes to the existing land use designation or zoning. A portion of the site was previously utilized as a city landfill between 1930 and 1963. Therefore, hazardous materials may be located within the site. Our understanding is that the project applicant ' has prepared a site remediation report which will be reviewed by DUDEK's environmental engineers as part of our proposed scope of work. DUDEK has extensive experience in site remediation analysis and coordinating with the County Department of Environmental Health and the State Department of Toxic Substances Control. There would be a total of approximately 350,000 square feet of commercial uses on site, which would result in a large amount of trips to and from the site. DUDEK's understanding is that this specific location in the City, the vicinity of Gene Autry Trail and Ramon Road, is already very heavily traveled and traffic impacts of the proposed development will be of concern. Through our scoping of the project, it has been determined that the City will review the traffic study prepared for the proposed project. DUDEK has teamed with Endo Engineering to assist with the project's traffic impact analysis, should this be deemed necessary by the City. Endo Engineering is a highly qualified traffic consultant with extensive experience in conducting traffic studies within the project vicinity and throughout the whole City. 3.3 Work Plan ' Through discussions with City staff and review of the RFP, DUDEK proposes the following scope of work and approach for the retail commercial center environmental analysis. 3.3.1 Project Start-Up and Initiation To establish lines of communication between all members of the team during this initial phase, DUDEK's project manager and other key personnel as required will meet with the City upon receipt of a notice to proceed. The purpose of this meeting is to meet the key team members and clarify roles, establish data exchange procedures, verify project schedule, and collect approved technical reports j!: 9 203126-300 S ASSOCJAUS,INC, ' City of Palm Springs Retail Commercial Center Development Project OR and any additional available data. Project initiation will include review of existing information and data sources as identified by the City. DUDEK will evaluate the necessary information with respect to the existing conditions, environmental ' impacts, mitigation measures, cumulative impacts, and unavoidable adverse impacts identified for the retail commercial development project. DUDEK will also evaluate available project information, and any other relevant and valid informative sources. The analysis will include all available data, initiation ' of additional research as appropriate, and an assessment of existing technical data for adequacy. These analyses will be performed by our team's qualified technical specialists. 3.3.2 Notice of Preparation/Public Scoping DUDEK will prepare a Notice of Preparation (NOP) for City approval. Public scoping will consist of issuance of an NOP and incorporation of comments received on the NOP as required by CEQA. In addition, DUDEK will participate in one public scoping meeting and two scoping meetings with local and state agencies. The meetings will be initiated with an overview of the project description as well as an overview of the EIR Scope of Work. This will be followed by providing an opportunity for the general public to make comments and observations about the Project's impacts and EIR focus. The meeting facilitators and note-takers will summarize and record these concerns and ask meeting participants to clarify their concerns and provide insight into their expectations of the draft EIR as an ' independent tool for fact-finding. Key members of the report preparation team will use the scoping meeting as an opportunity to interact with and ask questions of community representatives and the general public. DUDEK will compile a list of agencies and organizations which are to receive copies of all notices and environmental documents. This list will include the local jurisdictions (the State Clearinghouse, agencies with known permitting responsibilities, any public agencies which may be affected by the proposed Project, and any organizations or individuals having previously requested copies of the environmental document. DUDEK will also be responsible for maintaining the mailing list throughout ' the EIR process. Each mailing will be saved individually (e.g., NOP list, Draft EIR list, and Final EIR list). ' Deliverables: ❑ Mailing list ❑ "Notice of Availability" NOP/public scoping meetings ❑ Memorandum describing completion of public scoping process ' 3.3.3 Screencheck Environmental Impact Report ' The EIR will be written in compliance with the criteria, standards and procedures of the CEQA Statute and Guidelines, as well as the Environmental Review Procedures of the City of Palm Springs and the regulations, requirements and procedures of any other responsible public agency with jurisdiction by law. The following is an outline of the content and specific sections to be included in the EIR analysis: Table of Contents The Table of Contents will contain a list of the EIR contents, including text discussions, list of tables and exhibits. i 7d 7117tJi 10 203126-300 nmhnant i�F.vomm.rrt« City of Palm Springs Retail Commercial Center Development Project EIR i Executive Summary ' Pursuant to Section 15123 of the CEQA Guidelines, the summary will contain an overview of the proposed project, including a list of required discretionary approvals. The summary shall also include a summary of impacts and mitigation measures, known areas of controversy including issues raised by agencies and the public, as well as a summary of alternatives to the proposed project. Introduction The Introduction section of the EIR will define the purpose, scope and legislative authority of the EIR, requirements of the California Environmental Quality Act (CEQA) and other pertinent environmental rules and regulations. This section would also describe the EIR process, structure, required contents tand its relationship to other potential responsible or trustee agencies. Environmental Setting The Environmental Setting Section of the EIR will provide a description of the existing site conditions. The section will also provide an overview of the local and regional environmental setting of the project (CEQA Guidelines Section 15125). Project Description This section will describe the location of the project, both within the regional context, and the local ' context, including a legal description of the proposed project. The description of the project characteristics would include proposed land use, circulation, and project construction schedule. Project background, including a complete history of the planning and environmental review process will be provided. Project objectives will be clearly defined based on the stated objectives contained in the City of Palm Springs General Plan. Definition of project objectives will be done in consideration of the analysis and discussion of project alternatives. A complete list of required discretionary actions, permits and approvals will be provided, with the lead and responsible agencies identified for each. Environmental Impact Analysis Each environmental impact section of the EIR will contain a discussion of the existing conditions, thresholds for significance, potential environmental impacts, recommended mitigation measures to significantly reduce or avoid the impact(s), and an analysis of significance, in accordance with CEQA Guidelines Section 15126. The following is DUDEK's scope of work for each of the environmental issues that are anticipated to be addressed in the EIR: Land Use, Planning and Zoning Planning documents and City ordinances and policies relevant to the project site will be identified. DUDEK will analyze project consistency with these documents and City ordinances/policies and their application to the project will be examined. The planning documents to be examined will include the City's General Plan and Zoning Ordinance, as well as other applicable City regulations, ordinances and administrative policies. The compatibility of the project in consideration of the airport located to the west and other planned and existing surrounding land uses will be evaluated. L � 1,11 r 1 1 203126-300 a A55o(.7nTPS,NC. City of Palm Springs Retail Commercial Center Development Project EIR Aesthetics This section will include a detailed evaluation of the project components that may have an effect on the community character and views of the site from adjacent areas. Information that will be used to evaluate visual impacts of the project, including the mass and scale of the project and architectural design, includes data from the site plan and available information from the project applicant, landscape elements, and other major physical elements that will have high visual prominence. For a detailed analysis of the roof top equipment, DUDEK assumes receipt of complete information from the ' project applicant indicating the proposed location of equipment. DUDEK will conduct field investigations and analyze the project's visibility, view corridors, and likelihood of project elements contrasting with existing visual quality and community character. DUDEK will analyze the potential of the proposed project's lighting of impacting nearby sensitive receptors, including the adjacent Palm Springs International Airport. This task assumes receipt of a site map identifying the locations of the proposed lighting posts to adequately assess potential impacts to sensitive receptors. If sensitive receptors would be impacted, DUDEK will recommend potential directional lighting measures or relocation of the lighting posts. Based on project lighting information provided by the project applicant, this section will provide an analysis of light and glare effects of the project to the adjacent land uses. As an optional task, DUDEK can provide visual simulations to provide a graphic representation of potential view impacts in the EIR. The simulations would be created using photographs of existing viewpoints, and overlaying computer simulated images of proposed structures. The impact condition would be presented without landscaping to ensure that a worst-case condition is depicted. Biological Resources ' Based on the geographical location of the proposed project in Palm Springs, DUDEK has identified general biological surveys that will be required to complete the biological assessment of the project site. In addition, DUDEK will conduct a habitat assessment for any additional focused surveys that i may be required. Through informal consultation with the California Department of Fish and Game (CDFG) and U.S. Fish and Wildlife Service (USFWS), actual additional focused survey requirements (if any) will be determined. Based on previous direction from the CDFG and USFWS, the Coachella Valley Multiple Species Conservation Plan (CVMSCP) Target Species List is usually the list of species that they are interested in. This list includes: burrowing owl, California black rail, California ditaxis, Casey's June beetle, Coachella Valley grasshopper, Coachella Valley Jerusalem cricket, Coachella Valley milk-vetch, Coachella giant sand treader cricket, desert pupfish, desert slender salamander, desert tortoise, dotted blue butterfly, flat-tailed horned lizard, gray vireo, Le Conte's thrasher, least Bell's vireo, little San Bernardino Mountains gilia, Mecca-aster, Orocopia sage, Palm Springs ground ' squirrel, Palm Springs pocket mouse, Peninsular bighorn sheep, southern yellow bat, summer tanager, triple-ribbed milk-vetch, yellow warbler, yellow-breasted chat, and Yuma clapper rail. Of these, only burrowing owl, California ditaxis, Coachella Valley Jerusalem cricket, desert tortoise, dotted blue ' butterfly, Le Conte's thrasher, Palm Springs ground squirrel, Palm Springs pocket mouse appear to have some potential to occur dependant on known species range, site specific soils, host plant availability, and habitats. J i 1—1, �+_c ';, 12 203126-300 6i ASSOCIA3PS`INC. ' City of Palm Springs Retail Commercial Center Development Project EIR DUDEK proposes the following tasks: Review of Existing Information. DUDEK will review and analyze aerial photographs as provided and previously collected biological information pertinent to the proposed project and surrounding area. For the latter, DUDEK will conduct a search of the California Natural Diversity Database (CNDDB) and the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) sensitive species database for the project area to identify sensitive species issues. General Biological Field Work. A field reconnaissance of the 36.59-acre site will be conducted to assess and map the general biological resources. Biological resources will be mapped for all portions ' of the site. Biological resources and vegetation communities will be mapped in the field onto a 200- scale (1" = 200) color aerial photograph. Vegetation communities will mapped using the Holland (1986) classification system. The presence of any sensitive biological resources that may potentially constrain the project will be documented and mapped. Any sensitive wildlife or plant species recorded during the field work also will be quantified and mapped. Following completion of the field work, biological resources information, including vegetation polygons and sensitive species information, will be transferred to a topographic base and digitized into an AutoCAD drawing. A geographic information system (GIS) coverage will be created using ArcCAD and acreages of each vegetation type will be calculated. During this task, a habitat assessment will be conducted to determine which (if any) additional focused studies will be required to satisfy CEQA and the resource agencies. The assessment may determine the need for additional small mammal, reptile, avian, or sensitive plant surveys. Full coordination, justification, and cost estimates for these additional surveys ' will be provided to the City for approval or direction. In some instances it may be advisable to informally consult with the U.S. Fish and Wildlife Service prior to conducting surveys to verify need and survey methodology. Biological Resources Report. DUDEK will prepare a biological resources report and appropriate graphics outlining the results of the literature search and field studies. The biology report will include a description of existing site conditions with special regard to sensitive habitats and sensitive species and will address the potential significant impacts of the proposed project. The degree of sensitivity of the biological resources will be evaluated in the context of federal, state, and local regulations and policies. The biological resources report will include a quantitative impact analysis and list suggested mitigation measures to reduce the level of impacts. The biological resources report will be adequate to support preparation of the EIR. The report also will identify any additional studies and/or resource agency permits that may be required before the project can proceed, including permits from the ' USFWS, California Department of Fish and Game (CDFG), U.S. Army Corps of Engineers (ACOE), and Regional Water Quality Control Board (RWQCB). ' Cultural Resources CRM TECH has been included on the DUDEK team to provide cultural resources analysis for the proposed project. A historical/archaeological resources records search at the Eastern Information ' Center at University of California, Riverside (UCR) will be conducted, which will identify previously recorded cultural resources within the study area. In addition, CRM will conduct historical background research on the basis of early maps depicting the project area. Field surveys of the study ' area, conducted in compliance with state and federal guidelines, will identify presence/absence of cultural resources. CRM will field record any artifacts, features, sites or structures greater than 50 years of age and will complete site record(s), which will be submitted the Eastern Information Center ' at UCR. L. l 13 zostzs-soo ' �essocaniss,auc. ' City of Palm Springs Retail Commercial Center Development Project EIR 1 A cultural resources technical report will be prepared describing the findings of the study, and will be ' included in the EIR Appendices. The EIR will contain a summary of the conclusions in the technical report. Transportation, Circulation and Access DUDEK will summarize the City approved traffic analysis prepared for the proposed project in the EIR. Based on the technical traffic study, this section will address existing conditions, project impacts, ' cumulative impacts, and recommend feasible mitigation measures. Endo Engineering has joined the DUDEK team should the City require a third party review of the project traffic analysis. These services will be provided under a separate scope of work and cost estimate once specific technical requirements for the third party review are identified. Air Quality DUDEK has included Giroux &Associates on their project team to conduct the air quality analysis for the project. The following is a description of the scope of work for the air quality technical study that will be prepared for the EIR: ' ❑ Update the atmospheric environment setting for the project area based on data from the South Coast Air Quality Management District Palm Springs monitoring station. ❑ Calculate temporary construction activity emissions using procedures identified within the SCAQMD CEQA Air Quality Handbook (1993). ' ❑ Calculate regional vehicular emissions using the California Air Resources Board URBEMIS2002 computer model. ❑ Evaluate the potential for any microscale air pollution "hotspots" formation at project area intersections using a screening procedure based upon the CALINE4 line source dispersion model. ❑ Quantify any localized impact potential from odors associated with excavation of the previous landfill onsite. ❑ Discuss project consistency with the Coachella Valley PM-10 Attainment Plan. ' ❑ Identify any potentially applicable mitigation measures, including any relevant transportation control measures (TCMs) incorporated into the Salton Sea Air Basins portion of the California ' State Implementation Plan (SIP). ❑ Discuss the potential effects on local air quality of cumulative development in the area. ' ❑ Compare air quality impacts of alternatives to those of the proposed project. An air quality technical report will be prepared describing the analysis and conclusions of the study, ' and will be included in the EIR Appendices. The EIR will contain a summary of the conclusions contained in the technical analysis. ' Noise DUDEK will prepare a noise technical report evaluating noise impacts associated with traffic noise along Gene Autry Trail (State Highway 1 1 1) and Ramon Road, as well as potential aircraft noise impacts associated with Palm Springs International Airport. Existing traffic noise will be determined �I,JI 'I-_ I_', 14 203126300 �.nssoeimTs.rvc. rbam.ea—a...wiar,— ' City of Palm Springs Retail Commercial Center Development Project EIR based on traffic noise measurements conducted at the site. The measurements will be made using an ANSI Type 1 or 2 calibrated integrating sound level meter. Future on-site traffic noise levels will be determined based on the results of the noise measurements and modeling of future traffic volume using the California Department of Transportation's SOUND 32 traffic noise prediction model. Traffic ' volumes will be obtained from the project's traffic engineer. Aircraft noise levels will be determined based on published data. On-site noise impacts on the existing residential development adjacent to the proposed commercial uses will also be evaluated. Noise measurements that DUDEK has previously collected for commercial uses such as delivery and loading dock noise will be used to assess the noise impact associated with the proposed commercial uses. Published data will be used to assess mechanical equipment noise. Future noise levels at the adjacent residential areas will be compared to the City's exterior noise criteria. Noise mitigation measures will be recommended as necessary. Short-term noise impacts associated with construction equipment will be evaluated using previously published data. If significant noise impacts are projected, mitigation measures will be identified. A letter report will be prepared describing the analysis and conclusions of the study, and will be included in the EIR Appendices. The EIR will contain a summary of the conclusions contained in the technical analysis. Hydrology/Drainage/Water Quality ' This section will include descriptions of drainage and flooding characteristics at the study area from on-site and off-site sources using available FEMA and local flood plain mapping and topography from the Project site and vicinity. Surface water quality objectives from the existing Basin Plan in the ' Project area will also be identified. DUDEK will identify the major surface waters in the Project area and their beneficial uses. The effects of the Project on runoff volumes and drainage patterns will be discussed. Potential short-term and long-term site flooding hazards and downstream flooding, erosion, and sedimentation impacts will be evaluated. Changes in surface water quality characteristics that could occur both during construction and over the long-term will be discussed and quantified to the extent feasible. Measures to reduce or eliminate effects of the Project on drainage as identified by the analysis will be discussed. Measures may include a discussion of applicable requirements of the NPDES permit program for storm water runoff including implementation of Best Management Practices (BMPs), as well as measures to reduce or avoid flood hazards. ' Hazards and Hazardous Materials DUDEK environmental engineers will review the existing site remediation plan prepared for the property. A written review of the report will be provided to the City. The findings of the site remediation report and DUDEK's review will be summarized in the EIR. If the findings of the investigation indicate potential impacts of hazardous wastes or materials on the subject property that have not been identified, the letter report will also contain recommendations for further work related to sampling and mitigation. ' Public Services and Utilities DUDEK will contact potentially affected agencies to identify and obtain information for an analysis of the existing services, the project's impacts to the services, and recommended mitigation measures. We will contact the agencies associated with the areas of schools, fire service, police service, sewer 'L Q i)� 1 ' 15 203126-300 ' &AssaCInzrs,JNC, City of Palm Springs Retail Commercial Center Development Project EIR and water systems, parks, and library service. The discussion will focus on the required alteration of existing facilities, expansion of new facilities, and the increased demand on services based on City approved standards and measures. ' As the project proposes development of retail commercial buildings with the potential to place an additional demand on public services and utilities, DUDEK will concentrate the analyses of impacts to existing services and facilities which may result due to the proposed actions. DUDEK will also evaluate ' the ability of the project to receive adequate service based on City standards and, where adequate service is not available, will identify the effects of inadequate service and recommend mitigation measures. 1 Other CEQA Mandated EIR Sections In accordance with Article 9 of the State CEQA Guidelines, the EIR will contain a discussion of the ' irreversible environmental changes that will result from the proposed project, unavoidable significant impacts, and those effects found not to be significant. This section will also include the following: ' Cumulative Impacts: This section will be based on a list and description of closely related past, present and reasonably foreseeable future projects within the project vicinity that would have the ability to contribute to cumulative effects in any of the environmental issue areas discussed in the EIR. ' This section will evaluate whether individual project impacts are cumulatively significant when viewed in combination with these other projects. The discussion will include an assessment of the project's ability to compound or increase adverse environmental impacts when added to cumulative projects. The cumulative analysis will evaluate compliance with adopted 'Threshold Standards" and applicable policies and programs. Growth Inducement: The growth inducement discussion will assess the potential of the proposed project to induce economic or population growth and the construction of additional housing, either directly or indirectly, in the surrounding environment. The project will also be discussed in relationship ' to its compliance with regional and local growth management policies and growth forecast assumptions. In addition, the potential for use of large amounts of fuel or energy will be discussed. ' Alternatives: The EIR will address up to three project alternatives that could feasibly attain the basic objectives of the proposed project. In addition, the alternatives discuss will address the "No Project" alternative. Determination of specific alternatives will be done in coordination with City staff. The ' focus of the Alternatives discussion will be those project alternatives that reduce or avoid any identified significant environmental impacts, in accordance with the requirements of CEQA. The Alternatives discussion will include a comparative analysis of the various project alternatives in relation to the proposed project. The analysis will include a quantitative analysis of effects, where appropriate. References, Persons and Agencies Contacted and EIR Preparation: The EIR will contain a list of all ' references and persons and agencies contacted used in preparation of the EIR. In addition, the EIR will list all persons involved in the preparation of the document and their title and role. Appendices The Appendices shall include a copy of the Notice of Preparation (NOP), Responses to the NOP, and any technical studies prepared for the projects that are not a part of the EIR. 16 203126-300 ' &ASsoc]ATES,INC. ' City of Palm Springs Retail Commercial Center Development Project EIR DUDEK will prepare a Screencheck Draft of the EIR for review by City staff and outside agents of the ' City. DUDEK anticipates, for purposes of cost estimation, that there will be one round of review copy of the Screencheck Final EIR prior to release for public review. ' Deliverables: Ten (10) copies of the Screencheck Draft EIR 3.4 Draft EIR ' Upon final acceptance by City staff, a public-review Draft EIR will be prepared for distribution by DUDEK. ' Deliverables: Sixty (60) copies of the Draft EIR and one (1) reproducible master. 3.5 Mitigation Monitoring and Reporting Program The Mitigation Monitoring and Reporting Program (MMRP) will be developed at the Draft EIR stage and will include monitoring team qualifications, specific monitoring activities, a reporting system and ' criteria for evaluating the success of the mitigation measures. Mitigation measures contained in the EIR will be developed in consideration of future monitoring requirements and will be written in sufficient detail to address impacts at the project level, referencing the appropriate implementing permits such as grading permits, final maps, and landscape plans. 3.6 Final EIR DUDEK and its subconsultants will respond to public comments on the Draft EIR, provide Responses to Comments and revisions to the Draft EIR text. This task assumes that DUDEK will respond to up to twenty-five (25) substantive public comments on the Draft EIR (note that a single comment letter may tcontain multiple comments). Deliverables: Ten (10) copies of the Screencheck Final EIR (Response to Comments); ' Sixty (60) copies of the Final EIR; Five (5) copies of the Final EIR with Administrative Record including Planning Commission and City Council Resolutions and one (1) reproducible master. ' 3.7 CEQA Notices At the completion of the Draft EIR preparation stage, DUDEK will prepare a Notice of Completion (NOC) in the form of the most recently updated CEQA Guidelines (January 2002). The NOC will be forwarded to the State Clearinghouse and to reviewing parties, along with the Draft EIR. If the City Council elects to approve the proposed project, DUDEK will prepare a Notice of Determination to be filed with the County Clerk's office within five days of project approval. DUDEK will be responsible for distribution of the EIR; however the City of Palm Spring will be responsible for publishing all CEQA Notices. ' 3.8 Candidate CEQA Findings of Fact Candidate CEQA Findings of Fact will be prepared for submittal to the City of Palm Springs. The CEQA findings shall specify which mitigation measures have been incorporated into the project, as well as those feasible mitigation measures that have not been incorporated and explain why they have been found to be infeasible. The Findings will also identify feasible alternatives that could reduce n. il_II [1 'c 17 203126-300 &essoe:nsns,rivc: �mi .i I INlp,c„�er.m•,. ' City of Palm Springs Retail Commercial Center Development Project OR adverse project impacts but that are not being adopted and will provide specific considerations as to ' why the alternatives are infeasible. If applicable, a Statement of Overriding Considerations shall be prepared. 3.9 Meetings and Hearings DUDEK and key team members as required will attend Project meetings and hearings. For cost estimation purposes, the following meetings have been assumed. Additional meetings beyond those ' listed would be provided under a separate scope of work on a time and materials basis, with prior authorization from the City Project Manager. ❑ One (1) project initiation meeting with the City and Project participants; ❑ One (1) public scoping meeting during NOP public review; ❑ Two (2) scoping meetings with local and state agencies; ❑ One (1) meeting with the City and Project participants to review Screencheck Draft EIR comments; ' ❑ Two (2) public hearings (one Planning Commission hearing and one City Council hearing) 3.10 Project Management ' Preparation of the EIR will be under the management and daily supervision of Mr. Joe Monaco, who will serve as project manager. Mr. Monaco, will provide daily supervision of the project team including subconsultants and will fully evaluate and keep abreast of all issues inherent in the proposed project through continued coordination with the City of Palm Springs and project team. This coordination will provide an opportunity for sound project management to ensure that the project is running on time and within the established budget. 4.0 Team Commitment ' All team members included in the Project team Organization chart are committed and will participate, as needed, to complete the project milestones and meet the project schedule. The DUDEK team provides the depth of staff resources to meet the City's project requirements. Our work regularly requires us to operate under very rigorous schedule demands, and we are proud of our accomplishments and track record in providing quick response to our clients. ' 5.0 Schedule The schedule outlined below has been developed to meet the schedule requested by the City for the Retail Commercial Project EIR. DUDEK commits to meeting the schedule outlined below, provided that Project information and City review turnaround times meet the schedule milestones. DUDEK is prepared to begin work immediately upon receipt of a notice to proceed and we have the staff immediately available to commit to this Project. 1 ' 18 203126-300 S.ASSOCIATES,INC. City of Palm Springs Retail Commercial Center Development Project EIR ' Notice of Preparation Distribution July 11, 2003 Submit screencheck draft EIR for City's Review October 3, 2003 City returns screencheck draft EIR to DUDEK October 17, 2003 DUDEK prepares and distributes draft EIR for 45-day public comments October 24, 2003 period ' DUDEK prepares screencheck final EIR for City's review December 8, 2003 DUDEK attends Planning Commission public hearing on EIR December 17, 2003* DUDEK attends City Council public hearing on EIR January 7, 2004* * City Planning Commission and City Council Hearings will be attended as scheduled. 6.0 Cost Estimate ' As requested in the RFP, the cost estimate is under separate cover. 1 1 1 t 19 203126300 ' c�nssdci,rrrs,ivc. rma„m.m Q x � H W 0 Z W V� ao LL �■ w w w w w w w w w w s w w w w w w w ' JOSEPH MONACO, A.I.C.P. SENIOR PROJECT MANAGER Education Experience • M.C.P, City Planning, San Mr. Monaco has 16 years of professional environmental Diego State University planning experience, in both the public and private sector, ' (2002) including six years as Planning and Environmental Manager for a City Redevelopment Agency. His experience includes • B.A., Geography/ environmental impact analysis, redevelopment, current and Business Emphasis, advance planning, public environmental policy University of California, development, and hazardous materials investigation and Los Angeles (1986) cleanup. Mr. Monaco's experience in redevelopment includes rehabilitation and reuse of former waste disposal Registration/Certification sites, including a Class I landfill with TCE impacted • American Institute of groundwater issues, and numerous burn dump ash ' Certified Planners (AICP), contaminated sites. 1992 Mr. Monaco specializes in preparing planning studies, Professional Affiliations environmental reports and policy-related documentation for • American Planning development and redevelopment projects. Association (APA), 1990 Midbayfront Local Coastal Plan Amendment, City of Chula Vista, San Diego County, CA. Responsible for • Association of Environmental coordinating with the Redevelopment Agency, Wildlife Professionals (AEP), 1987, Agencies, Coastal Commission, Port of San Diego and ' Past President - San Diego environmental interest groups to develop alternatives to Chapter an approved LCP which allowed for 4 million square feet of commercial and residential development on San ' Diego Bay. • Coors Amphitheater, City of Chula Vista, San Diego County, CA. Managed the processing of planning entitlements, environmental documentation, mapping and construction and operation monitoring for a 20,000 person capacity outdoor entertainment amphitheater. Significant issues on this project included traffic, concert noise impacts, and proximity to existing ' residential neighborhoods. Otay Ranch Project, City of Chula Vista, San Diego County, CA. Served as staff planner to a 23,000 acre master planned community, involving Traditional Neighborhood Development Principles, complex infrastructure and facilities needs, and a comprehensive preserve system for habitat conservation and management. • Salt Creek Ranch Specific Plan City of Chula Vista, San Diego County, CA. Responsible for processing a Specific Plan for this 1,200 acre residential project Dudek&Associates,Inc. Page I of 3 JOSEPH MONACO, A.I.C.P. ' SENIOR PROJECT MANAGER involving habitat and endangered species issues, adjacency to an industrial park, traffic and transportation infrastructure issues. ' Pepperdine University Faculty Housing EIR, Malibu, Los Angeles County, CA. Responsible for CEQA documentation for an off campus faculty housing project in the City of Malibu, adjacent to Malibu Creek. • Ritz Carlton Resort Hotel EIR, Rancho Palos Verdes, Los Angeles County, CA. Responsible for CEQA documentation for a 450 room destination resort, 18- hole golf course and residential development on a coastal bluff site. This controversial project was scaled down due to community controversy and significant geotechnical constraints. ' • Otay Ranch Village 11 Second Tier EIR, Brookfield Homes, San Diego County, CA. Project Manager for technical support and document preparation assistance to the City of Chula Vista in evaluating revisions to the General Development Plan/Subregional Plan for the Otay Ranch project and environmental analysis for development of the Village 11 Sectional Planning Area (SPA) Plan. The proposed SPA plan involved development of an approximately 500-acre site in the ' eastern portion of the Otay Valley Parcel of Otay Ranch. The EIR analysis included an extensive review and evaluation of the Program (Tier 1) EIR and subsequent EIRs that had changed the baseline for analysis. The EIR analysis included extensive discussion of biological issues, as the SPA plan is proposed adjacent to a highly sensitive area of the MSCP Preserve. • Chula Vista MSCP Subarea Plan, City of Chula Vista, San Diego County, CA. Project manager for biological technical support and for the environmental review of the City of Chula Vista Draft MSCP Subarea Plan. The ' environmental review consists of an Environmental Assessment/Mitigated Negative Declaration that is based on the EIR/EIS for the MSCP Subregional Plan. ' Additional information and changed conditions, including the listing of additional species since the time that the EIR/EIS was certified, as well as substantial changes to the plan and conservation strategy has prompted the additional review. The Plan proposes to conserve over 3,000 acres of natural habitat within the ' Dudek&Associates, Inc. Page 2 of 3 i JOSEPH MONACO, A.I.C.P. ' SENIOR PROJECT MANAGER City of Chula Vista, and includes an extensive i management program for maintenance of habitat viability. ' Salt Creek Interceptor Sewer EIR, City of Chula Vista, San Diego County, CA. Project Manager for preparation of the Draft and Final Program i Environmental Impact Report for the Salt Creek Interceptor Sewer project in Chula Vista. The project included a pipeline ranging in size from 18 to 48 inches ' in diameter with an estimated length of 73,519 feet. The Program EIR included an extensive analysis of potential impacts to biological resources within the MSCP Preserve, and impacts to traffic and access, specifically to business owners along Main Street. Worked extensively with City of Chula Vista Staff, City of San Diego Metropolitan Wastewater Department, Caltrons, MTDB and other agencies to coordinate and resolve environmental issues related to the project. i Ladera Ranch Water And Sewer Facilities Mitigated Negative Declaration, Santa Margarita Water District, Orange County, CA. Project manager for the preparation of a Mitigated Negative Declaration and coordination of the biological permitting for the water and wastewater facilities proposed to serve the 9,800 ' dwelling unit master planned community of Ladera Ranch, east of Mission Viejo. Worked closely with Santa Margarita Water District staff to process the ' environmental documentation, respond to public comments, and coordinate wetland permitting. • Western Riverside County Multiple Species Habitat Conservation Plan, County of Riverside, CA. Responsible for management assistance, and technical ' support in the development of a multiple species planning effort to provide regulatory coverage of over 146 species within a 1 .26 million acre study area. The ' planning effort involves development of an NCCP in coordination with an Advisory Committee comprised of diverse stakeholder interests. i 1 iDudek&Associates, Inc. Page 3 of 3 ]ON R. BERG ' PLANNING PROJECT MANAGER ' Education Experience • A.A., Environmental Studies, As an undergraduate Mr. Berg gained experience in College of the Desert (1993) developing various types of environmental documents and staff reports working as an Intern at the City of Eureka's B.S., Environmental Planning Planning Department. Some of his accomplishments include and Interpretation, Humboldt preparation of an Environmental Assessment and State University (1996) Environmental Impact Statement (EIS) for the City of Eureka's salmonid restoration project involving a large Professional Affiliations watershed along the coast of Northern California. He also • PLANetizen: Planning & helped prepare a Mitigated Negative Declaration for a Development Network prospective mooring site inside the Eureka Harbor. Prior to working for Dudek & Associates, Inc., Mr. Berg worked as a Project Planner for Smith, Peroni & Fox Planning Consultants, where his duties included research, writing, synthesis of technical data and report preparation. As a staff member for Dudek & Associates, Mr. Berg has broaden his skills in research, analysis, and project management through his involvement in a wide variety of complex planning and environmental studies. His management responsibilities have included all aspects of ' project planning from conceptual design through agency permitting approvals. Mr. Berg is responsible for the day- to-day supervision of personnel, subconsultants and all ' other activities associated with assigned projects. His thoroughness and attention to detail have consistently achieved a high degree of client and agency satisfaction. Professional Assignments • Riverside County—Wind Energy Conversion Systems. Mr. Berg served as the Project Manager for three (3) very high profile windfarm developments located within the San Gorgonio Pass area of Riverside County. He was responsible for all planning related tasks, including development of the project CEQA documents, and coordination with state, federal, and county agencies. The projects involved development of appropriate mitigations with regard to potential effects on biological, ' aesthetic and lighting issues. • Bureau of Land Management—Alexander West Wind 1 Energy Project. As Project Manager, Mr. Berg was responsible for analyzing the potential environmental impacts of a proposed Right-of-Way Grant to develop wind turbines on 53.4 acres of public lands under the ' Dudek&Associates, Inc. Page 1 of 3 ' JON R. BERG ' PLANNING PROJECT MANAGER BLM's jurisdiction. The project was subject to the ' National Environmental Policy Act (NEPA), which required development of an Environmental Assessment, and coordination between state and federal agencies for ultimate approval of a FONSI for the project. • California Public Utilities Commission — 500 kV ' Transmission Line. Mr. Berg is involved in ongoing planning services for San Diego Gas & Electric's (SDG&E) proposed 500 kV Valley to Rainbow transmission line project. His responsibilities include assisting in the analysis of physical and policy-level impacts of the proposed Project and alternatives on existing, planned, and proposed land uses and agricultural resources, which will ultimately be included in the Project's EIR/EIS. ' • City of Vista and Buena Sanitation Districts — Wastewater Master Plan Update. Mr. Berg served as a ' project analyst in developing a Program Environmental Impact Report (PEIR) for the Districts Master Plan Update. His duties included analyzing the physical and policy level impacts to existing, planned, and proposed land uses; traffic; noise; and aesthetic issues. • City of Palm Springs— Palm Hills Specific Plan. Mr. Berg was involved with the planning efforts for the approximate 1,200 acre City planning area where ' innovative development and performance standards were developed in order to design a signature country club within the Santa Rosa Mountains, while addressing ' a myriad of environmental constraints. • San Bernardino Regional Water Resources Authority— Vision 2020 Project. Mr. Berg was involved with the planning team responsible for providing land use analysis in support of the Phase IA Reservoir site of the ' District's Regional Water Facilities Master Plan. • City of Cathedral City— Cimarron Cove PUD As Project ' Manager, Mr. Berg was responsible for the planning and design of a 35-acre residential Planned Unit Development, which incorporated pocket-park ' recreational uses and pedestrian/bicycle linkages throughout the development. ' Dudek&Associates,Inc. Page 2 of 3 JON R. BERG PLANNING PROJECT MANAGER • City of La Quinta —Jefferson Square Specific Plan As Project Manager, Mr. Berg was responsible for developing the Specific Plan document describing the relevant design standards, objectives, and management ' responsibilities for ultimate build-out of a 10-acre neighborhood commercial Project. • Various Jurisdictions — Phase I Environmental Site Assessment Mr. Berg has vast experience in performing Phase I Environmental Site Assessments for due diligence property profiling. Specific skills for providing this research include the ability to perform site reconnaissance surveys, and research computerized agency databases for local, county, state, and U.S. EPA lists of potentially hazardous conditions and/or environmental violations which might affect a specific ' property. 1 1 Dudek&Associates,Inc. Page 3 of 3 ' PAUL CALIGIURI SENIOR DESIGNER Education Experience Summary ' • Vocational Certificate in Mr. Caligiuri has 20 years of designer-level experience as a Drafting, Mira Costa Civil Drafter and CADD Operator. With the use of College (1984) AutoCad and SoftDesk software, he has been responsible for the plan preparation of numerous water, sewer, A.A., General Studies, reclaimed water, and storm water projects. Included in ' Palomar College (1986) these projects are pipeline plan and profile, pump station, and associated details, traffic control, and right-of-way • 3 Semesters 3D acquisition drawings. Modeling and Animation, Palomar In addition to Mr. Caligiuri's extensive design and drafting College (1995) skills, he is also experienced in digital simulations and computer animation for architectural walk-throughs and engineering flybys. AutoCAD and 3D Studio Max software are used to create a true scale 3D model of the proposed project. The 3D model can then be rendered with an ' existing site photograph. If any enhancements are needed, Adobe Photoshop can be used for blending, additions, and/or removal of objects. ' • Padre Dam Municipal Water District Reclaimed Water Pipelines- 70,000 feet of 4-inch to 20-inch PVC reclaimed water pipe. • San Elijo Water Reclamation Facilities - 84,000 feet of 1 • 4-inch to 24-inch PVC reclaimed water pipe • City of San Diego Encanto Trunk Sewer - 17,000 feet of 27-inch to 42-inch gravity sewer. • City of San Diego La Jolla Shores Pipeline - 5,500 feet of 30-inch steel water force main. • South Bay International Wastewater Treatment Plant Advanced Primary Treatment Plant (CC-2) - 3 canyon collectors with diversion structures, 2 junction boxes with 560 If. of 96 and 72-inch RCP, 2,750 I.f. of 16" and ' 12" PVC, and 2 box culverts • NCRRA - 7,500 feet of 10-inch and 12-inch PVC and steel water force main • City of San Diego Group 92 Replacement - 10,000 feet of 12-inch gravity sewer. 1 1 Dudek&Associates, Inc. Page 1 of 2 ' PAUL CALIGIURI ' SENIOR DESIGNER Photo Renderings & Computer Simulations ' • Miramar Hills Curve Realignment &Main Track Environmental Impact Report—Two photo-realistic simulations of a bridge, several walls and also manufactured slopes were designed by Mr. Caligiuri. ' • City of Morrow Bay Amusement Arcade Project—Two view photo simulation of miniature golf course and arcade facility. The simulation represented a before and after view of the parking lot with improvements. • San Bernardino Municipal Water District Phase lA Reservoir Preliminary Design Report— Creation of two animations representing the perimeter of the reservoir and a view from the surrounding streets. The animations were used during City Council and Board ' meetings • Yucaipa Valley Water District Non-Potable Water Distribution System Phase 1 Preliminary Design Report— Photo simulation of a proposed reservoir, pump station and all appurtenances. • Sunrise Assisted Living Development—Creation of a before and after visual simulation of the finished ' development of a two story assisted care facility in the beach community of Pacific beach in San Diego, California. 1 Dudek&Associates, Inc. Page 2 of 2 MARIAM DAHDUL, R.P.A. ' PROJECT ARCHAEOLOGIST/REPORT WRITER Education Experience • M.A., Anthropology, 2000- Project Archaeologist, CRM TECH, Riverside. California State • Preparing cultural resources management University, Fullerton reports, maps, and site records; ' (2002) • Analyzing beads, ornaments, and shell; • B.A., Geography, . Conducting archaeological field surveys; California State • Participating in various archaeological testing ' University, Fullerton and mitigation programs. (1993) • "Ceramics Analysis," Mariam Dandul received a B.A. degree in Geography from seminar presented by Dr. the California State University, Fullerton (CSUF), in 1993 Delaney-Rivera, and an M.A. in Anthropology from the same university in California State 2002. The complementary degrees have prepared Dandul ' University, Fullerton for work in the field of cultural resources management, (2003) where her skills of cartography, physical geography, and • "Section 106-National archaeological field and laboratory methods are of great ' Historic Preservation Act: value. Dandul has been active in the field of archaeology Federal Low at the Local for three years, participating in various archaeological field Level," presented by schools, laboratory work, and cultural resources UCLA Extension (2002) management extension courses. Dandul has been a full- 0 "Historic Archaeology time project archaeologist at CRM TECH since 2000. Workshop," presented by Richard H. Norwood, Laboratory and Field Experience Base Archaeologist, Edwards Air Force Base • Archaeological field school under the direction of Dr. (2002) Brian Byrd (2001) • Test excavations of sites at the San Elijo Lagoon Reserve, Professional Affiliations including flotation of soil samples and sorting and Register of Professional cataloguing of artifacts (2001) Archaeologists • Archaeological field class under the direction of Dr. Claude Warren (2000) ' • Excavated units at Soda Lake in the Mojave Desert and produced lake bottom stratigrophic profiles (2000) • Archaeology Laboratory, CSU, Fullerton (1999-2000) ' • Assisted in the cataloguing of artifacts (1999-2000) • Field survey course under the direction of Dr. Phyllis❑ Eisentrout (1999) • Surveyed and mapped prehistoric site in the Mojave Desert (1999) Papers Presented • "Shell Beads from the Coachella Valley," Sixth Annual ' Symposium of the Coachella Valley Archaeological Society (2002) • "Shell Beads from the Coachella Valley," Kelso ' Conference on the Archaeology of the California and Mojave Deserts (2002) 1�1 CRM TECH Page I of 2 MARIAM DAHDUL, R.P.A. PROJECT ARCHAEOLOGIST/REPORT WRITER Cultural Resources Management Reports tCo-author of and contributor to numerous cultural resources management study reports since 2000. 1 1 1 1`� CRM TECH Page 2 of 2 ' GREGORY ENDO ' PRINCIPAL/COMPUTER MODELING APPLICATIONS Education Experience • Advancement to • Endo Engineering - Principal, Computer Modeling Doctoral Candidacy in Applications Physics, University of • Linscott, Law and Greenspan, Engineers - Traffic California, Irvine (1979) Programming Consultant • Master of Arts in Physics, • Phillips, Brandt, Reddick, Inc. - Air Quality and Noise University of California, Programming - Consultant to Environmental Systems Irvine (1979) Research Group • University of California, Irvine; School of Engineering - • Bachelor of Arts in Computer Consultant of Air Pollution Exercise (APEX) Physics, University of California, Irvine (1976) Mr. Gregory Endo received his Bachelors and Masters degrees and has completed three years of research in Professional Affiliations pursuit of a Doctorate degree in Physics at the University of • Sigma Pi Sigma — Physics California, Irvine. Mr. Endo has also been involved in ' Society computer modeling applications as they relate to environmental engineering for more than 20 years. Mr. • Southwestern Regional Endo has adapted existing programs and developed new ' TRANPLAN Model Users ones for use by environmental, planning, and traffic Group engineering consultants to model transportation, air quality, and acoustic systems. During the past ten years, Mr. Endo has expanded the transportation planning capabilities of Endo Engineering by integrating the use of computer modeling in the planning process. He was responsible for ' the circulation modeling of the Cathedral City General Plan, Desert Hot Springs General Plan, Coachella General Plan, and numerous specific plans in the Coachella Valley using the Coachella Valley Area Transportation System (CVATS) Model. His primary responsibilities include maintaining liaison with clients and local agencies, project ' management for multi-disciplinary projects, and special studies integrating opportunities and constraints with development feasibility and alternative analyses. ' Endo Engineering Page 1 of 1 VICKI LEE ENDO, P.E. ' PRINCIPAL/PROFESSIONAL ENGINEER ' Education Experience • Bachelor of Science in • Endo Engineering - Principal, Professional Engineer Civil and Environmental Linscott, Law and Greenspan, Inc., Engineers — ' Engineering, University of California, Irvine Transportation, Engineer II (1975) • William Kunzman and Associates - Associate Traffic ' • Certification in Engineer Transportation Systems • Phillips, Brandt, Reddick, Inc. - Environmental Engineer, Management, University Senior Project Manager in Environmental Systems of California, Irvine Research Group (1977) • University of California, Irvine; School of Engineering - Registration/Certificates Engineering Aide, Air Pollution Research • Registered Professional Mrs. Vicki Lee Endo graduated from the University of ' Traffic Engineer TR 1161 California at Irvine School of Engineering in 1975. She is a (1982) registered Professional Traffic Engineer in the State of • Engineer-In-Training California and a member of the Institute of Transportation ' Certificate 51225 (1981) Engineers. Mrs. Endo has served as a project manager and principal investigator on more than 800 air quality impact Professional Affiliations assessments, noise impact studies and traffic studies on I • Institute of projects throughout California. Her analytical specialties Transportation Engineers include technical research, the analysis of transportation, Member acoustic, and air resource systems, and the preparation of ' technical studies, environmental impact reports, environmental assessments, development feasibility studies, opportunities and constraints studies, and other planning documentation. Mrs. Endo founded Endo Engineering in 1982 to satisfy the growing demand for technical analyses in the three inter-related disciplines of traffic, air quality and noise with state-of-the-art computer capabilities. Publications • "Left Turn Pocket Length Requirements", Institute of Transportation Engineers Technical Notes, 1980 with William Kunzman 1 ' Endo Engineering Page 1 of 1 HANS D. GIROUX ' METEOROLOGIST Education Past Experience • B.A., German Literature, • Weather Forecaster, U.S. Air Force, Truax AFB, University of California, Madison, WI, 1966-67. 1965. • Staff Weather Officer/Chief Forecaster, McChord AFB, • B.S. in Meteorology, WA, 1968-69. University of Utah, 1966. • Teaching Assistant, Basic Meteorology/Advanced 1 • Graduate studies in Dynamics, UCLA, 1969-71. Meteorology, University • Research Assistant, California Marine Layer Structure, of Wisconsin, 1967-68. UCLA, 1971. • M.S., Meteorology, • Research Assistant, Remote Air Pollution by Satellites, UCLA, 1972. UCLA, 1972. • Candidacy for Doctorate • Research Assistant, Climatic Change - Aircraft Pollution, in Meteorology, UCLA, UCLA, 1973. 1974. • Instructor, Basic Meteorology, Cal State Northridge, 1972-74. • Air Pollution Meteorologist, S-Cubed, LoJolla, CA 1973-75. • Senior Meteorologist, Meteorology Research, Inc., Altadena, CA 1975-77. • Instructor, Weather for Flight Aircrews, Orange Coast College, 1976. • Instructor, Basic Meteorology, Golden West Community College, 1976-81. • Instructor, Basic Meteorology, Orange Coast College, 1977-81. • Consultant, Atmospheric Impact Processes, Irvine, CA, 1977-present. ' Principal Professional Responsibilities Military: Performed operational weather forecasting for jet aircrews; trained new personnel; responsible for ground safety, security, records administration, quality control, I forecasting methodology research, and liaison with other base units; air defense battle staff weather officer; and deputy detachment commander. University: Conducted laboratory sessions; instructed students in the use of meteorological instrumentation; ' demonstrated weather analysis techniques; supervised student weather observation programs; gave lectures and tests. Private: Prepared air quality impact assessments for coal- fired, oil-fired, nuclear, geothermal and wind energy power generation systems; prepared impact assessments for transportation systems, industrial emissions sources, ' Giroux&Associates Page 1 of 2 1 HANS D. GIROUX ' METEOROLOGIST wastewater treatment plants, landfills, toxic disposal sites, oil processing facilities, mining operations, commercial, residential, institutional and recreational land uses, airports and harbors; conducted atmospheric gas tracer experiments; developed numerical airflow analyses; and conducted numerous meteorological and air quality data acquisition programs with a very strong emphasis in arid t environments, geothermal development, odors and nuisance and in regional pollution impacts from Southern California urbanization. Noise: Developed impact assessments for roadways sources, construction equipment, sand and gravel plants, wineries, industrial equipment, gas recovery plants, railroads, recreational activities and oil refineries; monitored ambient noise levels from above sources, calibrated highway traffic noise model (FHWA-RD-77-108), and calculated sensitive receptor noise exposures; wrote community noise ordinances, purchased monitoring equipment and trained city staff; performed noise mitigation studies including barrier design, location, equipment noise control, and residential building retrofits. Giroux&Associates Page 2 of 2 MICHAEL HOGAN, PH.D., RPA PRINCIPAL INVESTIGATOR/ARCHAEOLOGIST Education Experience • Ph.D., Anthropology, 2002- Principal Investigator, CRM TECH, Riverside, University of California, California. Riverside (1991) 1999-2002 Project Archaeologist/Field Director, CRM • B.S., Anthropology, TECH, Riverside. University of California, 1996-1998 Project Director and Ethnographer, Statistical Riverside; with honors Research, Inc., Redlands. (1981) 1992-1998 Assistant Research Anthropologist, University of • Education Abroad California, Riverside Program, Lima, Peru 1992-1995 Project Director, Archaeological Research Unit, (1980-1981) U. C. Riverside. • Section 106 — National 1993-1994 Adjunct Professor, Riverside Community Historic Preservation Ad: College, Mt. San Jacinto College, University Federal Law at the Local of California, Riverside, Chapman Level. UCLA Extension University, and San Bernardino Valley Course # 888 (2002) College. ' • "Recognizing Historic 1991-1992 Crew Chief, Archaeological Research Unit, Artifacts," workshop U. C. Riverside. presented by Richard 1984-1998 Archaeological Technician, Field Director, Norwood, Historical and Project Director for various southern Archaeologist (2002) California cultural resources management • "Wending Your Way firms. through the Regulatory Maze," symposium Michael Hogan began his professional life in archaeology presented by the and cultural resource management while attending I Association of graduate school at the University of California, Riverside. Environmental During the early part of his career, Hogan worked under Professionals (2002) the direction of various esteemed archaeologists and for • "Southern California several cultural resource management firms. This exposed Ceramics Workshop," him to a variety of methodologies and perspectives presented by Jerry regarding archaeology and cultural resource management. ' Schaefer (1992) Later in his career, Hogan was able to synthesize this • Historic Artifact Workshop," knowledge and apply it while directing various cultural presented by Anne Duffield- resource management projects. Since receiving his Ph.D. in Stoll (1992) Anthropology in 1991 , Hogan has continued to work in the cultural resource management field as field director, project Professional Affiliations archaeologist, and ethnologist for firms such as the • Register of Professional Archaeological Research Unit at UC Riverside, CRM TECH, Archaeologists and Statistical Research, Inc. He joined CRM TECH as a • Society for American full-time project archaeologist in 1999 and has been a Archaeology Principal Investigator since 2002. • Society for California Archaeology Cultural Resources Management Reports • Pacific Coast Archaeological Society • Author and co-author of, contributor to, and principal investigator for numerous cultural resources management study reports since 1986. 1�1 CRM TECH Page I of 1 MYLOC NGUYEN ENVIROMENTAL PLANNER/BIOLOGIST Education Experience • M.S., Natural Resources and Ms. Nguyen has three years experience in the Environmental Management, environmental field and has worked on a variety of ' University of Michigan, Ann environmental projects throughout Southern California. Arbor (1999) She has been involved in habitat conservation planning, • B.S., Biology— Ecology, CEQA/NEPA compliance, habitat restoration and ' Behavior and Evolution, enhancement, biological resources assessment and impact University of California, San analysis, and construction and erosion control monitoring Diego (1995) projects. Professional Affiliations CEQA/NEPA Compliance • Women's Environmental ' Council Principal Environmental Analyst for the La Costa Greens • Association of Environmental Trunk Sewer MND prepared for the Leucadia County Professionals Water District. Key environmental issues addressed in ' the MND included biological resources and cultural resources. • Principal Environmental Analyst for the Yucaipa Non- Potable Water Distribution System MND prepared for the Yucaipa Valley Water District. Key environmental issues addressed in the MND included cumulative project impacts to biological resources. • Principal Environmental Analyst for the North Aqua Hedionda Mitigated Negative Declaration (MND) prepared for the Carlsbad Municipal Water District. The main project issue is the development of an erosion control structure within the coastal zone. • Principal Environmental Analyst for the preparation of ' the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan EIR and EA. Responsible for the qualitative analysis of the effects of the implementation of the Chula Vista MSCP Subarea Plan on transportation, public services and population. • Project Manager and Principal Environmental Analyst for the preparation of a MND for the Rancho Santalina Residential Project within the City of San Marcos. Issues addressed in the biological resources section include impacts to occupied federally threatened California gnatcatcher habitat and to federally threatened and state endangered thread-leaved brodiaea. • Environmental Analyst for the preparation of the Wilson Property MND for the City of Carlsbad. This project Dudek&Associates, Inc. Page 1 of 3 MYLOC NGUYEN ENVIROMENTAL PLANNER/BIOLOGIST involved the development of residential homes on a 21- ' acre lot. Major issues addressed in the biological resources section include impacts to one pair California gnatcatcher and a number of sensitive plant species. Habitat Conservation Planning ' Environmental Planner for the preparation of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) pursuant to Section 10 of the federal Endangered Species Act. Involvement in this project includes land use analyses, community education and outreach, stakeholder collaboration, intro-agency coordination, and research on public land ownership. Habitat Restoration and Enhancement ' Monitored salt marsh and riparian restoration and enhancement efforts at Rancho Santa Fe Road Bridge, ' Sorrento Valley Utilities Improvement, North Metro Interceptor Sewer Projects, Coral Gate and Encinitas Ranch. Conducted data analysis to determine success of restoration and enhancement efforts in terms of predetermined performance standards. Prepared subsequent monitoring reports for Rancho Santa Fe Road Bridge, Sorrento Valley Utilities Improvement and North Metro Interceptor Sewer Projects. ' • Monitored upland habitat communities including coastal sage scrub efforts at Ocean Trails, Miramar, and Encinitas Ranch. Monitored coast barrel cacti translocation efforts for Salt Creek Ranch and prepared subsequent report. Monitored San Diego ambrosia translocation efforts at Mission Trails Regional Park and prepared subsequent report. • Prepared Conceptual Wetland Mitigation Plans for the City of San Diego's emergency sewer repairs at Shawn Canyon and Acuna Canyon, the Saxony Pump Station in the City of Carlsbad, Rolling Hills Ranch in Chula Vista, Camino Ruiz Roadway Project located in the City of San Diego Future Urbanizing Area Subarea IV, University Commons in the City of San Marcos, and the ' Rancho Santa Fe Road Realignment and Bridge Replacement in the City of Carlsbad. 1 Dudek&Associates, Inc. Page 2 of 3 i MYLOC NGUYEN ENVIROMENTAL PLANNER/BIOLOGIST Biological Resources Assessment& Impact Analysis i • Performed wetland delineations, sensitive plant surveys, and vegetation mapping for Courtyards at Treasures i and Otay Ranch Village II. Prepared subsequent biological technical report for Courtyards at Treasures and Otay Ranch. iPerformed wetland delineations for Horsecreek Ranch, Ladera Ranch, High Point, Palomar Transfer Station and ithe Irvine Company. • Processed wetland permitting for the Torrey Ranch i Project located in the City of San Diego Future Urbanizing Area Subarea IV and the Escondido Bike Path Auto Parkway Undercrossing in the City of iEscondido. • Prepared Biological Assessment for the Moreno- Lakeside Pipeline Project. • Prepared Biological Resources Report and Impact i Assessment for the City of San Diego's emergency sewer projects at Felton and Juniper, Idlewild Way and Los Penasquitos Canyon. Construction and Erosion Control Monitoring • Served as onsite Project Biologist for projects including i the City of San Diego's emergency sewer repairs and the Rainbow Municipal Water District. 1 i i i i iDudek&Associates, Inc. Page 3 of 3 BROCK ORTEGA PROJECT MANAGER/WILDLIFE BIOLOGIST Education Experience • B.S„ Wildlife Biology and Mr. Ortega has 12 years of experience in mitigation Management, Humboldt monitoring, permitting issues related to wetland resources State University (1991) and threatened or endangered species, wildlife biology and management, ecological assessment, environmental impact Registration/Certifications assessment and mitigation, habitat remediation, • County of San Diego endangered species management plan authorship, and Certified Biologist project management. He has completed wetland and other County of Riverside environmental permit applications for projects involving Certified Biologist resource extraction sites, commercial developments, and for • California Gnatcatcher public entities. Mr. Ortega has conducted over 10,000 I Oa Survey Permit, hours of focused and general wildlife surveys during his USFWS Federal Permit professional career. He has federal permits for nine TE 813545-5 (currently species including California gnatcatcher, least Bell's vireo, ' being renewed) southwestern willow flycatcher, quino checkerspot, and five • Least Bell's Vireo I0a fairy shrimp species. He also is a recognized qualified Survey Permit, USFWS surveyor for a number of listed and rare amphibian and Federal Permit # TE mammal species. 813545-5 (currently being renewed) Metropolitan Water District of Southern California -San Southwestern Willow Diego Pipeline No. 6. The project consists of a 30 mile Flycatcher I Oa Survey 9 foot diameter water conveyance pipeline. Mr. Ortega Permit, USFWS Federal began work on this project as a project monitor. Permit TE 813545-5 Monitoring responsibilities included conducting habitat (currently being assessments for at least 10 federally- and state-listed renewed) plant and wildlife species, conducting biological studies, • Quino Checkerspot coordinating monitoring activities, and monitoring site Butterfly 1 Oa Survey investigations for the early-project activities. Mr. Ortega Permit, transitioned into the project manager position for the • USFWS Federal Permit approximate $1 .5 million contract and is responsible for TE 813545-5 (currently providing environmental support services to the MWD being renewed) necessary to implement the Mitigation Monitoring Plan • Arroyo Toad I Oa for the project. ' Handling Permit, USFWS Federal Permit Pending California Department of Transportation Stormwater • Various Fairy Shrimp BMP Pilot Study and Statewide Wet Basin Projects, ' 1 Oa Survey Permit, Statewide, California. Project Manager for this BMP (USFWS Federal Permit pilot study which began in 1999 to account for potential TE 813545-5 (currently endangered species issues related to implementation of ' being renewed) BM's in San Diego and Los Angeles Counties. Mr. • Recognized by the Ortega initially evaluated all proposed structures to USFWS and CDFG, as a determine which had potential to become attractive ' Qualified Biologist, able nuisances to sensitive wildlife species. All potentially to conduct San Joaquin sensitive BMPs were then monitored over a two-year kit fox surveys period to determine their true impact on sensitive ' throughout its range species. During this time frame, Mr. Ortega worked Mojave Ground Squirrel with Caltrans, project engineers, scientists, regulatory Chief Survey Permit agencies, and local conservation groups to modify ' maintenance and facility management regimes to avoid ' Dudek&Associates,Inc. Page I of 4 ' BROCK ORTEGA PROJECT MANAGER/WILDLIFE BIOLOGIST Registration/Certifications impacts to a wide variety of sensitive species. As a ' (continued) result of this project, it was determined that one type of • Recognized by the BMP was at greater risk of becoming an attractive USFWS as a Qualified nuisance to threatened and endangered species. Biologist, able to conduct Caltrans requested Mr. Ortega to formulate a project Arroyo Southwestern strategy and initiate discussions with the regulatory Toad, red-legged frog, agencies to determine a strategy to permit installation of and Coachella-valley the BMPs on a state-wide level. It was determined that ' fringe-toed lizard surveys the best method would be to employ the Safe Harbors throughout their range. Act or possibly pursue a Habitat Conservation Plan under Section 7 or 10 of the Endangered Species Act. ' Professional Affiliations DUDEK is currently studying potential BMP sites • American Ornithologists throughout the entire State and is in contact with all of Union the pertinent regulatory agencies and field offices ' Association of Field toward devising an effective permitting strategy. • Ornithologists Chevron West Coyote Hills Field Closure and • Cooper Ornithological Development Project, Fullerton, California, Chevron ' Society U.S.A. Production Company and Chevron Pacific Coast Wilson Ornithological Homes. Assisted Chevron in obtaining a federal Section Society 4(d) permit to allow closure of the approximately 600- 0 The Wildlife Society acre oil field. This field was home to over 46 pairs of California gnatcatchers. Managed environmental compliance regarding endangered species issues and included regular coordination with the U.S. Fish and Wildlife Service, California Department of Fish and Game, U.S. Army Corps of Engineers, and California Division of Oil and Gas. Served as long-term 4(d) compliance monitor and coordinator for the field closure. Managed and conducted construction worker training seminars, as well as other training materials to educate workers regarding biological resources. Obtained regulatory agency approval of several project changes, including extension of work seasons and impact variances. Prepared and managed implementation of habitat restoration activities benefiting the California gnatcatcher. Prepared and regularly coordinated with the regulatory agencies regarding a federal Section 7 Biological Assessment to be included within the U.S. Fish and Wildlife Service's Biological Opinion regarding development of approximately half of the site. Acceptance of this ' Assessment relied on Mr. Ortega's defensible analysis that through project modifications, project configuration, habitat restoration, and long term management regimes, no net loss of California gnatcatchers would occur. • City of San Diego - City Engineering and Capital Projects Department&Water Utilities Department. Completed environmental impact studies for several 1 Dudek&Associates, Inc. Page 2 of 4 BROCK ORTEGA ' PROJECT MANAGER/WILDLIFE BIOLOGIST sewer and storm drain projects under the City As- Needed contract. Wrote several mitigation monitoring plans and processed documentation for CEQA compliance. Personally managed approximately eight of the eighty projects 1 Riverside County Flood Control and Water Conservation District. Prepared monitoring plans and managed eight projects. The projects ranged from multi-acre detention basins to long and linear conveyance projects. In all cases, was responsible for conducting biological studies, ' reporting, mitigation and monitoring plan writing, and wetland permitting. Currently, Mr. Ortega is managing two projects which involve widening existing channels in ' the Salt Creek and Perris Valley areas - four- and two- mile long study areas. These, and past projects have required restoration of sensitive plant populations and riparian or wetland habitat. • U.S. Marine Corps Camp Pendleton Base, Tributary Areas 3&8 Environmental Monitoring. Implemented Categorical Exclusion permit requirements supporting installation of an up-graded sewer system over a portion of the Base. This required writing a monitoring and compliance plan; initiating habitat assessments over portions of the system which had the potential to affect least Bell's vireo, California gnatcatcher, and arroyo toad; and monitoring activities on a regular basis in accordance with the monitoring plan. • Palm Springs Aerial Tramway Retrofit Project. Managed the biological resources portion which proposed to install new larger trams. The new tram cars required rock and tree removal adjacent to the tram alignment to ensure safe usage. Initial tasks included conducting focused surveys for mountain yellow-legged frog and golden eagle, vegetation mapping, reporting, and coordination with the resource agencies. Later, was responsible for determining the best way to convey Peninsular bighorn sheep across the Tram Road and onto the adjacent alluvial fan. This required interviewing numerous state, federal, academic, and ' field bighorn sheep biologists, devising alternative methods to avoid impacts to bighorn sheep, determining likely sheep crossing points, determining potential habitat bridge locations, and submitting a synopsis report. Dudek&Associates, Inc. Page 3 of 4 ' BROCK ORTEGA ' PROJECT MANAGER/WILDLIFE BIOLOGIST • Yucaipa Valley Water District Non-Potable Water Distribution System. Served as lead biologist for wildlife studies within San Timoteo Canyon. Responsibilities included scheduling personnel and conducting focused surveys for arroyo toad, least Bells vireo, and southwestern willow flycatcher. Overall, 39 person-days were required to complete these focused surveys along ' the approximate seven-mile alignment. • LaBorde Canyon Off-Highway Vehicle Park Study. Served as the project manager and lead biologist for the 2,600-acre study. Was responsible for scheduling ten biologists and one subconsultant to conduct habitat mapping, sensitive plant surveys, Stephens' and San ' Bernardino kangaroo rat habitat assessments and trapping, installation and implementation of 20 reptile trap arrays, raptor nest surveys, and general wildlife ' surveys. 1 1 Dudek&Associates, Inc. Page 4 of 4 HARRY M. QUINN, M.S. ' PROJECT ARCHAEOLOGIST/FIELD DIRECTOR Education Experience • Certificate in 1998- Project Archaeologist/Field Director, CRM Archaeology, University TECH, Riverside. of California, Los 1994-1996 Environmental Geologist, E.C.E.S., Inc., ' Angeles (1978) Redlands. • M.S., Geology, University 1992-1998 Independent of Southern California, Geological/Archaeological/Environmental Los Angeles (1968) Consultant, Pinyon Pines. B.S., Geology, Long 1988-1992 Project Geologist/Director of Environmental Beach State College, Services, STE Associates/Soil and Testing Long Beach (1964) Engineers, San Bernardino. • A.A., Los Angeles Harbor 1966-1988 Geologist/Senior Geologist, Texaco, Inc., Los College, Wilmington (1962) Angeles; Tenneco Oil Exploration and • The Art and Science of Production, Englewood, Colorado; Loco Flintknapping," Exploration, Inc., Aurora, Colorado, Jirsa presented by Jeanne D. Environmental Services, Norco. Binning, Zzyzx (2001) • "Certified Local Harry M. Quinn has been involved in archaeological Government Preservation investigations and cultural resource management for over Commission, Board, and 45 years. From 1953 to 1955, he helped the Staff Training Program, Archaeological Survey Association of Southern California presented by the record and salvage numerous archaeological sites. From California Preservation 1963 to 1964 he was the Assistant Curator of Foundation, Long Beach Archaeological Collections at Los Angeles Harbor College. and Palm Springs (1999) Quinn received a M.S. degree in Geology from the • "Historic Archaeology University of Southern California in 1968. While working Workshop," presented by as a geologist from 1966 to 1998, Quinn remained Richard Norwood, interested and involved in archaeology and worked on Torres-Martinez Indian several archaeological projects. He was (and is) a member Reservation (1998) of local and national archaeological societies and has "Native American published various articles on archaeological and Archaeology," presented paleontological topics. From 1976 to 1978, Quinn took by Russell Kaldenberg, classes in the University Extension Certification Program in College of the Desert, Archaeology, UC Los Angeles, and received his Certificate ' Palm Desert (1997) in Archaeology in 1978. Quinn's experience, course-work, • Project Archaeology," degrees, and certifications have provided him with a vast presented by ELM and DOE, North Palm knowledge and ample qualifications that he brings to the Springs (1996-1998) fields of paleontology and archaeology. Quinn has been a • "Mojave Desert Heritage full-time employee of CRM TECH since 1998. ' Interagency Workshop," Palm Springs (1996) Publications in Archaeology and History More than 55 articles in the publications of the Southwest Museum, the American Rock Art Research Association, The Colorado Archaeological Society, the Utah Rock Art 11)CRM TECH Page 1 of 2 ' HARRY M. QUINN, M.S. ' PROJECT ARCHAEOLOGIST/FIELD DIRECTOR Education (Continued) Research Association, the Coachella Valley Archaeological • Cultural Resources and Society, Anza Valley Outlook and the Coachella Valley CEQA: Your Historical Society. Co-author of more than 100 cultural Responsibility," presented resource management reports. ' by the Association of Environmental Professionals, Hemet (1996) • "Ceramic Workshop," presented by Dr. Jerry ' Schaefer, Palm Springs (1991) • "Introduction to Coachella Valley Archaeology," presented by Anne Duffield, Palm ' Desert (1990) • Prehistoric Rock Art and Archaeology of the ' Southern California Deserts," presented by Anne Duffield, UC ' Riverside Extension, Palm Springs (1989) Professional Affiliations • Society for American Archaeology ' • Society for California Archaeology • Archaeological Survey ' Association of Southern California • Coachella Valley Archaeological Society (President, 1993-1994, 2000; Vice President, ' 1992, 1995-1999, 2001 • Basic Archaeology Training Course ' Instructor, 1996-2000 • Environmental Assessment Committee ' Chair, 1997-1999 I1�1 CRM TECH Page 2 of 2 DEREK M. REED, P.E. ENVIRONMENTAL ENGINEER Education Experience • B.S., University of Mr. Reed has over ten years of environmental and civil California, Los Angeles, engineering experience. His responsibilities include the Civil Engineering (1992) engineering design and oversight of hazardous waste remediation projects, environmental assessments / Registration/Certifications investigations, and regulatory compliance. He has also ' Professional Civil Engineer, served as project engineer on several solid waste projects in California No. 56042 the Southern California area. Responsibilities there included landfill and landfill gas extraction system design. ISolid Waste • Served as project manager for an environmental investigation and land use plan of a landfill site in the City of Coachella, CA. • Served as project engineer for the design of a RCRA Subtitle 'D' lined module at the West Miramar Class III ' landfill. Work included a seven module layout and fill sequencing plan, excavation and fill plans, leachate collection and recovery system, earthwork quantities, ' and project module life calculations. Prepared preliminary layout for landfill gas extraction ' system for use in conjunction with a proposed cogeneration facility at Miramar Landfill, CA. ' Prepared layout for a landfill gas extraction system at the Palomar Airport Landfill, Carlsbad, CA. ' • Performed gas well sampling and surface monitoring for an off-site gas migration study, Palomar Airport Landfill, Carlsbad, CA. • Served as project engineer for the closure of an unclassified landfill / burn site for the Viejas Indian Tribe in California. Work included site characterization through final closure. Remedial Design and Implementation • Served as project manager on a chlorinated solvent groundwater remediation. Remediation technology included UV / Oxidation, airstripping, and liquid phase granular activated carbon. Regulatory oversight agencies are DTSC and RWQCB. Dudek&Associates,Inc. Page 1 of 4 DEREK M. REED, P.E. ENVIRONMENTAL ENGINEER • Served as project manager for soil-gas studies of 1,000+ unit residential subdivisions. Designed and certified installation of mitigation systems for combustible soil-gas detected in the soil. • Served as project manager for an in-situ bioremediation of a site with groundwater contaminated with ' chlorinated solvents. Project was located at a Southern California aerospace / microelectronics company, and included injection of a nutrient substrate to sustain an anaerobic population of microorganisms that ' cometabolize the chlorinated contaminants. Soil vapor extraction was also used to remove contaminant mass from the vadose zone. • Served as project manager for a groundwater remediation of a site contaminated with chlorinated ' solvents and 1,4-dioxane. Remediation consisted of a pump and treat remedy with effluent injection into a beneficial-use aquifer. • Served as project engineer for the remediation of approximately 4,000 tons of petroleum contaminated soil at a site in San Diego, CA. The contamination was diesel fuel and #2 fuel oil released from an underground storage tank adjacent to San Diego Bay. The site was extensively sampled to allow segregation of contaminated material requiring remediation, using an immunoassay screening methodology. ' Served as project engineer for the remediation of 200,000 tons of lead contaminated material at a former burn ash site for the City of San Diego. The project required random sampling within known areas of contamination for the purpose of waste characterization, preparation of remedial documentation, and on-site support during the remediation phase of the project. The remedial ' documentation included a remedial work plan, a remedial action plan, worker and community health and safety plans, a closure report and plans, ' specifications, and other bid package documents prior to selection of subcontractors for the remediation effort. A variance was obtained from DTSC which allowed the ' lead impacted soil to be place in a Class III landfill. Dudek&Associates, Inc. Page 2 of 4 1 DEREK M. REED, P.E. ENVIRONMENTAL ENGINEER • Served as project engineer for a free-phase hydrocarbon remediation pilot study at Naval Air Station (NAS), North Island, CA. The purpose of this study was to evaluate the effectiveness of various ' recovery systems on the free-phase JP-5 and Diesel Fuel Marine contamination. Project work included the design, installation, and evaluation of the various recovery systems at two test sites. • Served as project engineer for a petroleum hydrocarbon remediation using soil vapor extraction at a former lift truck manufacturing facility located in Commerce, CA. Underlying contamination extended through varying ' lithology that included silty clay. The site received a "No Further Action" letter from the Regional Water Quality Control Board, Los Angeles Region. Environmental Investigations • Served as project manager for a leaking underground storage tank investigation in the City of San Diego, CA. Project included the redesignation of the groundwater basin to non-beneficial use. ' 0 Conducted a quarterly groundwater monitoring program for a chlorinated solvent contaminated site in Stockton, CA. • Performed Phase I and Phase II Environmental ' Investigations for a lift truck manufacturing / service facility in South Plainfield, NJ. Contaminants included metals and petroleum hydrocarbons. • Performed site assessment of a PCB contaminated site for the San Diego Unified Port District. Work included Level C sampling and analysis of approximately 10,000 square feet of PCB contaminated concrete. ' • Conducted numerous Phase I and Phase II Environmental Investigations throughout Southern California. ' • Performed site assessment of a PCB contaminated site at Naval Station San Diego, CA. Work included Level C ' sampling and analysis of a 1 .5 acre PCB storage facility. Dudek&Associates, Inc. Page 3 of 4 DEREK M. REED, P.E. ' ENVIRONMENTAL ENGINEER • Conducted Phase I and Phase II Environmental ' Investigations for the San Diego Unified Port District's Shangri La Site, Chula Vista, CA. The site was contaminated with various metals resulting from marine manufacturing operations. • Performed a subsurface investigation of hydrocarbon contaminated sites resulting from leaking aboveground storage tanks, Naval Research and Development (NRaD), San Diego, CA. IPermitting and Regulatory Compliance • Project Engineer for reapplication of RCRA Part B Permit ' for a 1 mgd industrial waste treatment plant, a 0.250 mgd oil recovery plant, a hazardous waste storage and transfer facility, and a PCB storage facility, Naval Air ' Station (NAS), North Island, CA. Permitting agency - DTSC • Implemented structural modifications in accordance with Spill, Prevention, Control and Countermeasure (SPCC) plan for Naval Auxiliary Landing Facility (NALF), San Clemente Island, and Navy Outlying Field (NOLF), Imperial Beach, CA. Work included hazardous materials storage facilities, bulk petroleum storage and transfer facilities. • Evaluated regulatory compliance of aboveground petroleum storage tanks, made recommendations and preliminary design drawings for modifications that would bring the tanks into compliance at various Naval ' installations throughout California. • Prepared Office of Statewide Health Planning and Development (OSHPD) permits for structural alterations, USC University Medical Center, CA. ' • Prepared Engineering Evaluation / Cost Analysis Plan for the remediation of a medical waste disposal area located at George AFB, CA. • Conducted on asbestos survey of all structures at the Naval Air Facility (NAF), El Centro, CA. 1 Dudek&Associates, Inc. Page 4 of 4 BAI `ATOM" TANG PRINCIPAL INVESTIGATOR/HISTORIAN/ARCHITECTURAL HISTORIAN Education Experience ' • Graduate Program in 2002- Principal Investigator, CRM TECH, Riverside, Public History/Historic California. Preservation, UC 1993-2002 Project Historian/Architectural Historian, Riverside (1988-1993) CRM TECH, Riverside, California. M.A., American History, 1993-1997 Project Historian, Greenwood and Yale University, New Associates, Pacific Palisades, California. ' Haven, Connecticut (1987) 1991-1993 Project Historian, Archaeological Research • B.A., History, Northwestern Unit, UC Riverside. University, Van, China 1990 Intern Researcher, California State Office of (1982) Historic Preservation, Sacramento. • "Introduction to Section 106 1990-1992 Teaching Assistant, History of Modern Review," presented by the World, UC Riverside. Advisory Council on Historic Preservation and the 1988-1993 Research Assistant, American Social History, University of Nevada, Reno UC Riverside. (2000) 1985-1988 Research Assistant, Modern Chinese History, • "Assessing the Significance of Yale University. Historic Archaeological Sites," 1985-1986 Teaching Assistant, Modern Chinese History, presented by the Historic Yale University. Preservation Program, University of Nevada, Reno 1982-1985 Lecturer, History, Van Foreign Languages (1994) Institute, Xi'an, China. Honors/Awards Bai "Tom" Tang received a B.A. degree in History from the • University of California Northwestern University in Van, China, in 1982, and an ' Graduate Fellowship, M.A. in American History from Yale University in 1987. UC Riverside (1988- Between 1988 and 1993, Tang underwent further training 1990) as a public historian and cultural resources specialist in the • Yale University graduate program in Historical Resources Management at Fellowship, Yale the University of California, Riverside. During the summer University Graduate of 1990, Tang gathered valuable experience in the design School (1985-1987) and operations of California's statewide cultural resources inventory system as an intern program analyst at the State • President's Honor List, Office of Historic Preservation. In 1991, also during his Northwestern University, time in the Historical Resources Management graduate Van, China (1980, program, Tang launched his career in that field by working 1981) as project historian for the Archaeological Research Unit at U.C. Riverside. Beginning in 1993, Tang served t Professional Affiliations concurrently as project historian/architectural historian for • California Preservation both CRM TECH and Roberta S. Greenwood & Associates Foundation of Pacific Palisades, California, until he became a full-time ' project historian/architectural historian of CRM TECH in 1997 and has been a Principal Investigator since 2002. 1 Y) CRM TECH Page 1 of 2 BAI "TOM"TANG PRINCIPAL INVESTIGATOR/HISTORIAN/ARCHITECTURAL HISTORIAN ' Cultural Resources Management Reports Preliminary Analyses and Recommendations Regarding California's Cultural Resources Inventory System (With Special Reference to Condition 14 of NIPS 1990 1 Program Review Report). California State Office of Historic Preservation working paper, Sacramento, September 1990. ' • Numerous cultural resources management reports with the Archaeological Research Unit, Greenwood and Associates, and CRM TECH, since October 1991. 1 1 1�� CRM TECH Page 2 of 2 JAMES TURPIN, P.E. SENIOR ENGINEER Education Experience Summary ' • B.S., Civil Engineering, Mr. Turpin has worked as a professional engineer in San Diego State University Southern California for over ten years. As a Project (1992) Manager, he has tracked budgets and schedules, performed QA/QC and maintained client relations. His Registrations Project Engineering responsibilities have included design Professional Civil and analysis in the areas of land development and water • Engineer, CA, No. 57695 resources engineering. Mr. Turpin has applied his extensive computer modeling experience and training in preparing grading and improvement plans, design of sewer and water ' facilities, storm drains, catch basins and inlet sizing as well as urban streets and private drives. He has performed hydraulic modeling for federal, state and local agencies and conducted scour analyses for pipeline crossings, bridge piers and abutments. His design experience also includes in-channel debris basins and drop structures. ' Project Experience • City of La Mesa Storm Drain System Inventory and Condition Assessment - Mr. Turpin is the Project Manager responsible for the overall efforts of developing a comprehensive storm drain master plan for the City of La Mesa to inventory and assess the condition of over 2000 pipes in the system. Project components include developing a GIS database for maintaining storm drain infrastructure and hydraulically modeling entire system using XP-SWMM 2000 software. Results are also used to determine compliance with new local and state stormwater regulations. • Linda Vista Waterline Replacement, Rainbow Municipal Water District - Mr. Turpin prepared designs for the replacement of 3,200 feet of 8" steel pipe in the City of San Diego. • Poway Creek Access Ramp - Mr. Turpin was the Project Engineer for the design and analysis of an access ramp to Poway Creek for maintenance purposes. Two ' locations were considered based on accessibility, cost, hydraulic parameters, property ownership, and existing utility location. • San Diego Metropolitan Wastewater Department Erosion Control Study and Concept Design —A 48" RCP culvert which drains a portion of the Metropolitan Wastewater Departments Metropolitan Operations Center 2 discharges into an unnamed gully northwest of the Center. Given the steep gradient of the gully, erosion and scour problems persist. An HEC-PAS ' DUDEK&ASSOCIATES, INC. Page 1 of 3 JAMES TURPIN, P.E. SENIOR ENGINEER model was used to design seventeen gabion drop structures along the channel reach to reduce the erosive ' velocities. • City of Lemon Grove Phase III Sewer Rehabilitation Project—Mr. Turpin managed the review and inspection of CCTV videotapes and inspection reports for approximately 31 reaches to assess pipeline conditions. Repair and/or replacement recommendations, as well as technical specifications, were prepared in a written report submitted to the City. • City of Chula Vista Storm Drain and Culvert Design — The design of a 40" trunk sewer necessitated the redesign/relocation of several storm drains and culverts along the proposed alignment. Mr. Turpin designed and analyzed 2-6'x2'h' RCB's to determine capacities, hydraulic grade lines and inlet/outlet controls. In ' addition, several storm drain systems of approximately 4000' had to be analyzed resulting from flattening the slope at the proposed sewer alignment crossings. ' Hydrology and drainage reports were prepared and submitted to the City. Another aspect of this project was to determine scour depths and proposed Salt Creek crossings using methods outlined in the Bureau of Reclamation, Technical Guideline for Computing Degradation and Local Scour. • Shadow Lake Road Pipeline — Mr. Turpin is the Project Manager for the design of the replacement of a 12" steel water pipeline that is cement mortar lined and tar wrapped. The services are being provided to construct a new 12" ductile iron pipeline, that is approximately 4,600 feet in length. Dudek & Associates is providing both the engineering and surveying services to the Valley Center Water District. County of San Diego Flood Control Plan Checking — Mr. Turpin is the Project Manager providing plan- checking services for numerous projects throughout San Diego County. To date, he has received approximately ' 15 delivery orders with 3-4 projects per order. Services include compliance with Flood Control standards, checking calculations and reviewing drainage reports. • Encinitas Water, Sewer & Road Realignments - Mr. Turpin served as Assistant Project Manager for a sewer, water and road realignment in Encinitas, California. Given constraints prevented the sewer from paralleling the centerline. As a result, a retaining wall was utilized ' DUDEK& ASSOCIATES,INC. Page 2 of 3 1 JAMES TURPIN, P.E. SENIOR ENGINEER to obtain minimum cover. In addition, a sewer access 1 road was designed for maintenance. Stallion Road Sewer Line Flow Meter Design — Rainbow Municipal Water District requires the metering 1 of wastewater which is to be treated by the City of Oceanside. A segment of the existing 15" VCP sewer line is to be relocated to include a 6" Parshall Flume 1 metering system. Mr. Turpin was responsible for the design and preparation of improvement plans for submittal. Design constraints included maximum and 1 average daily flows, existing gas and water lines ad right-of-way limits. • North River Road Sewer Flow Meter Design —Mr. Turpin 1 was the Project Engineer for a section of an existing 15" VCP sewer pipeline that was redesigned to install a flow meter for the Rainbow Municipal Water District. A single 1 unit-metering manhole with a Parshall Flume was incorporated into the design to handle a maximum flow of 2 MGD. To transmit data to the District via the SCADA 1 system an Ultra Sonic flow meter was used. • Rancho Santa Fe Seven Bridges Development—Mr. Turpin prepared roadway alignment, grading, sewer 1 and water line design, as well as a drainage study for this project. After the centerline alignment was determined, a profile of the existing ground was 1 generated using Softdesk. Using a typical street cross-section, Softdesk was then used to grade the proposed road along the alignment. Sewer and water 1 lines were then designed to parallel the centerline of the proposed alignment. Curb inlets on grade and in sag were designed to convey the 100-year discharge 1 determined in this study. Storm drains were then sized and hydraulic grade lines and headwater depths were determined. 1 i 1 1 1 1 DUDEK&ASSOCIATES, INC. Page 3 of 3 =CORD CERTIFICATE OF LIABILITY INSURANCE DATE(FT4ppryn APR 22 Da MICI�TAEL J.HALL&COMPANY AM INSURANCE SERVECES TNIS CERTffICATE IS,ISSUED AS A MATTER OF INFORMATION 1967110TH AVENUE N.E. ONLY AND CONP14L3 NO RIGHTS UPON THE CERTIFICATE POULSBO WA 00370 HOLpEIL THIS CERTIFICATE DOES NOT AMEND, EDnI OR PHONE: (300)5983700 ALTER THE COVII AFFORDED BY THE FOLICIES BELOW, FAX (390)5983703 Agency LIc3:0792445 TNSURERS AFFORDING COVERAGE NAIC INSURED INSURERA GREENWICH INSURANCE DUDEX&ASSOCIATES,INC. INSURERS; AMERICAN MOTORIST'S INSURANCE CO- OS NCINIT STREET ENgNTA3 CA 92024 INSURER C: LUMBERMENS MUTUAL CA85ALTY CO• INSURER 0. INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HIVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCYPERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERU OR CONDIHON OF ANY CDMRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFIGTTS MAY BE ISSUED OR MAY PERTAIN.THE NSMLWCE AFFORDED BY THE POLIOES DESCRIBED HEREIN 13 SUBJECT TO ALLTHE TERMS,EXCLUSION!AND CONDITIONS OF SUCH POLICIES.AGGREGATRUMRS SHOWN MAY HAVE SEEN REDUCED 8V PAR)CLAMS, L TTPEOFININURANOE mLICTNUMSFN PDIICY FJ7'EpM POLCYATIPRATm Limn DABUBADI GENERAL UABART 7RD62090MO AUG 2802 AUG 2893 rani OCCURRENCE i 1000.000 X GOANAERCIAL GENERAL w'waeTDR±m® s 300.000 CLAIMSMADE a] OCCUR MSO.EXP(Any OY P~j S 10am C PERSONAL&ADVINJURY s 1.000,000 GENERALAGGREGATE S 1.11K000 GRA AGGREGATE LIMB APPLIES PER: PRODUCTg.COMPIOPAGG. S 110DO,000 POLICY AUTOMGpILf LIABRJT7 F9LOOe939-01 AUG 2802 AUG 2903 ODMBNEDSINcts;La T x ANYAUTO 66111 i 1,004000 ALL OWNED AUTOS SOOLLYINJURY SCHEDULEDAUTOS (p«NHw) i C X NREO AIROS BODILY INJURY X NON-OWNEDAUTOS (P«Pwbw S PROPERR DAMAGE t GARA0e UAAKM AUTDONLY-IUAOCIOENT ! ANYAVTO OTHER THAN EA ACC t AUTO ONLY: A $ EXCESS J UMBRELLA LIABILITY 3SR 01491 AUG 2602 AV02803 EACH OCCURRENCE S S,000A00 x OCCUR CLAIMS MADE AGGREGATE i 5,0011,000 C i DEDUCTIBLE ! RETENTION ! t YRRHSRSCdFENEATIONAND 7CMM30.04 AUG 2802 AUG 20 03 WcmATu ana EMPIAYPAt'UNRUTT B AmPROrRRDMAITfICmMF E.L.EACH ACCIDENT Is 1,000,000 OPFiNYRReISr MCTaTmmT E&.DTSSASE.EI EMPLOYEE S 1,000,000 YP LmAW.N10LbPIMY,Mw El_DISEASEH'OUOYumn' ! 1'"0,000 OTHER:PROFESSIONAL LIABILITY PECOD0628301 AUG:2002 AUG 2803 $5,000,000 PER CLAIM A POLLUTION LIABILITY 55,000,006 AGGREGATE CLAIMS MADE POLICY DESCRIPTION OF OPER TIONSILOCATIONNEWIll ESIEXCLUSIONS AooEo ENDORSEMENYI SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATELDE ADDITIONAL INSURED;INSUILERLETTY;R: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUQCI5 BE CANCELLED BEFORE THE EXPIRATION DATE THP.REOF,THE ISSUING COMPANY WILL ENDEAVORTO MAL 30 DAYS WRITTEN NOTICE TO THE CIATFWATE HOLDER NAMED TO THE LEFr,SUr CITY OF PALM SPRINGS FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OFA MND UPONTHE 3200 E.TAHOUITZ CANYON WAY INSURER,IT.'S AGENTS OR REPRESENTATIVES. - PALM SPRINGS,CAS2262 AUTNORREDRERRESENTATNE J�/t./Tf*y�f9r�[ q q Attention: ACOKC125(2001106) CBTOOOEteH 2O232 ASHLEYHURLI 7 '1 QT77 'nff vWcc nr cnn7 D7 vTu POLICY NUMBER:7RO820908-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modes insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF PALM SPRINGS 3200 E.TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262 (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work'for that insured by or for you CG 2010 1185 Copyright.Insurance Services Office,Inc., 1954 Cortificateff 20= F 'd At7.7. 'nN wef,r:V rnn7 '07 "vrx SUPPLEMENT TO CERTIFICATE OF LIABILITY INS 020232 APR22D3 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESlSPECIAL ITEMS CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL.LIABILITY AS RESPECTS LIABILITY ARISING OUr OF ACTfVMES BY,OR ON BEHALF OF THE NAMED INSURED. 'THE INSURER'S POLICY PAYMENT OBLIGATIONS ARE BACKED BY A CUT THROUGH TO NATIONAL INDEMNITY COMPANY,AN A++RATED BERKSHIRE HATHAWAY SUBSIDIARY. PLEASE SEE ATTACHED ENDORSEMENT CONFIRMING THIS ARRANGEMENT. THIS INSURANCE IS PRIMARY INSURANCE ANDANY OYNER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NON CONTRIBUTING WITH THIS INSURANCE. A WAIVER OF SUBROGATION APPLIES TO THE GENERAL LIABILITY,AUTO LIABILITY,WORKERS COMPENSATION AND UM8REILVEXCE93 LIABILITY POLICIES IN FAVOR OF THE ADDITIONAL INSURED. cwurliogo 11 20232 '1 AI77 '1N HiC'ni Cnn7 'A7 'v111