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HomeMy WebLinkAbout7/30/2003 - STAFF REPORTS (14) DATE: July 30, 2003 TO: City Council FROM: Directorof Planning&Zoning, and Directorof Procurement and Contracting SUBJECT: APPROVE CONTRACTING WITH DUDEK & ASSOCIATES, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR A RETAIL COMMERCIAL DEVELOPMENT ON AN APPROXIMATELY 36 ACRE COMMERCIAL SITE, LOCATED AT THE NORTH EAST CORNER OF GENE AUTRY DRIVE (STATE HIGHWAY 111) AND RAMON ROAD, ZONE M-1-P, SECTION 17. RECOMMENDATION: That the City Council approve contracting with Dudek &Associates, Inc. in the amount of $110,775 forthe preparation of an 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., a tentative parcel map for finance purposes and a Preliminary Planned Development District to allow the development of a 371,000 square foot retail shopping center on approximately 36.59 acres, located at the north east corner of Gene Autry Trail and Ramon Road, in Section 17, with the final agreement to be in a form approved by the City Attorney. SUMMARY: If approved, Dudek & Associates, Inc will prepare an Initial Study followed by the preparation and circulation of an Environmental Impact Report (EIR), and provide support environmental planning services for the proposed project. A variety of technical studies have been completed and will be evaluated in the EIR, including: traffic/circulation; biological resources, cultural resources, air quality; and site remediation program, as approved by the State Department of Toxic Substances Control and Riverside County Department of Environmental Health. Dudek &Associates, Inc has selected a specialized team for this assignment which includes Giroux & Associates (air quality), Michael Hogan PhD., RPA (cultural resources), and Endo Engineering (traffic). Planning Staff recommends using Dudek & Associates, Inc because this firm and their team has experience preparing complex environmental documents,has recently completed a number of similar projects including the Badlands Landfill Consolidation/Expansion - Riverside County Integrated Waste Management, and the El Sobrante Landfill Expansion Draft EIR Peer Review. The team also has recent experience working in the vicinity of the proposed project, including the Palm Springs Airport Master Plan Update, Lowe's Home Improvement Warehouse, Tentative Parcel Map 29631, and has committed resources to fast track required California Environmental Quality Act (CEQA) documents. The total contract amount is $110,775, inclusive of the technical studies costs. All costs associated with this study, including administrative costs, will be paid by the developer. Page 2 of 3 BACKGROUND: The Disposition and Development Agreement between the Community Redevelopment Agency of the City of Palm Springs (CRA) and Geiger, LLC., the tentative parcel map for finance purposes and the Preliminary Planned Development District are considered a "Project" under the California Environmental Quality Act (Public Resources Code Section 21080(a) and California Code of Regulations Section 15378). CEQA applies to discretionary projects proposed to be carried out or approved by a public agency, which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment,both within and beyond the project boundaries. To identify the impacts the changes may have on the environment, an Environmental Impact Report will be prepared to determine how significant the effects are, if any(Section 15060 d, Public Resources Code). CEQA compliance must occur before a public agency approves a project. For public agency projects, approval does not occur until the agency is legally committed to proceed with the project. In order to meet both CEQA requirements and the applicant's desired schedule for the approval of the entitlements, the environmental contract services will conclude in January, 2004,with the City Council taking action on the Environmental Impact Report. A Request for Proposal (RFP) was circulated on June 3, 2003, to seven environmental consulting firms, including four local firms. On June 20, 2003, four consulting firm(s) submitted proposals. Dudek & Associates, Inc was selected based on its amount of experience, professional qualifications, ability to complete the project in the time frame outlined in the RFP, and demonstration of clear understanding of the project. Director of Planning and Zoning Director of Procurement and Contracting City Manager REVIEWED BY DEn OF FINANCE ATTACHMENT: 1. Minute Order 2. Scope of work (draft) Scope of work being prepared by Procurement and Contracting Department I EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Start-Up and Initiation Consultant 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. Consultant 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. Consultant 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 Consultant shall 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,Consultant shall participate in one public Scop" ",eeting and two scoping meetings with local and state agencies. .r Consultant shall compile a list of agencies and orga'rfzatitans which are to receive copies of all notices and environmental documents. This list will include heJ caI jurisdictions (the State Clearinghouse, agencies with known permitting responsibilities, apy public agencies which may be affected by the proposed Project, and any organizations or iri i,*d,is`h, ving previously requested copies of the environmental document. Consultant shall also 1/ responsible for maintaining the mailing list throughout the EIR process. Each mailiad,Will be saved individually(e.g., NOP list, Draft EIR list, and Final EIR list). Deliverables: Mailing list; ' "Notice of Availability" ubli, coping meetings; Memorandum describing couple-1ron of public scoping process. r Task 3; Preparation of 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. 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 H:\USERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIR wpd 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 and 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 co `plete list of required discretionary actions, permits and approvals will be provided, with the lead', 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 environmq'ntal.impbets, recommended mitigation measures to significantly reduce or avoid the impact(s),and`a`r>�anFysts of significance, in accordance with CEQA Guidelines Section 15126. The following,is DUDEKIs scope of work for each of the environmental issues that are anticipated to be addressed"in the`'EJR: Land Use, Planning and Zoning Planning documents and it ordinances ar, olicies relevant to the project site will be identified. Consultant shall analyze pro ject.6onsisteri'cy with these documents and City ordinances/policies and r�. their application to the project wilt be examined.The planning documents to be examined will include 11 the City's General Plan and Zoning'. rdinance, 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. 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.Consultant shall conductfield investigations and analyze the project's visibility,view corridors,and likelihood of project elements contrasting with existing visual quality and community character. Consultant shall analyze the potential of the proposed project's lighting of impacting nearby sensitive 1 I � H:IUSERSIWPPUBLIC103rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudekk Agm[for EIR.wpd 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, Consultant 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. Biological Resources Based on the geographical location of the proposed project, Consultant has identified general biological surveys that will be required to complete the biological assessment of the project site. In addition, Consultant 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 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 Iizaro, 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 bighor6 sheep, southern yellow bat, summer tanager, triple-ribbed milk-vetch, yellow warbler, yelloWLbrea`sted,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 dnmown species range, site specific soils, host plant availability, and habitats. Consultant shall be responsible for the following,tas�ks: Review of Existing Information. UOtI'4UI�11 shall review and analyze aerial photographs as provided and previously colleted"biological information pertinent to the proposed project and surrounding area. Fox:TFi' Matters,Consultant shall conduct a search of the California Natural Diversity Data (CNDB)`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. 1kA I�� H:\U8ERS\WPPUB1IC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmifor EIR.wpd 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: Consultant 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). Cultural Resources Consultant shall provide a cultural resources analysis for the proposed project. A historical/archaeological resources records search at the Eastern Information Center at University i of California, Riverside (UCR) will be conducted, which;well identify previously recorded cultural resources within the study area. In addition,ConsultantsbdII.conduct historical background research on the basis of early maps depicting the project area.iFfeld si1'rveys 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. A cultural resources technical report will be prepared describing.tRe'findings of the study, and will be included in the EIR Appendices. The EIR will contain a'Sumrpa y of the conclusions in the technical report. Transportation, Circulation and Access ', ^e Consultant shall summarize the City alJproye-frafflc 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, anc- eeommend feasible mitigation measures. ,r t Air Quality Consultant 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: 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 ft H:IUSERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of ElR\RFP 10-03 Dudek Agmt for ElR.wpd Ism 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 Consultant 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 associated with 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. f, On-site noise impacts on the existing residential developrn'ent adjacent to the proposed commercial uses will also be evaluated. Noise measurements tW6t Consultant has previously collected for commercial uses such as delivery and loading dock)oise will e-`'used to assess the noise impact associated with the proposed commercial uses. Publistred data will be used to assess mechanical equipment noise. Future noise levels at the adjacent`tesdential areas will be compared to the City's exterior noise criteria. Noise mitigation measutes,will b64ecommended as necessary. Short-term noise impacts associated with construi ion equipment will be evaluated using previously published data. If significant noise im aGts are, r,, ted, mitigation measures will be identified. P 9 p � .`. P �l , 9 A letter report will be prepared describing {he analysis and conclusions of the study, and will be included in the EIR Appendices/Elie EtR Jll contain a summary of the conclusions contained in the technical analysis. r` 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. Consultant 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. Hazards and Hazardous Materials Consultant 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 Consultant's 1 A ' H:\USER8\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek gmt for EIR.wpd 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 Consultant 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. We will 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 buildings with the potential to place an additional demand on public services and utilities, Consultant shall concentrate the analyses of impacts to existing services and facilities which may result due to the proposed actions. Consultant shall 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. r� Other CEQA Mandated EIR Sections In accordance with Article 9 of the State CEQA Guidefl es, the„EIR will contain a discussion of the irreversible environmental changes that will result frorrl1 proposed project, unavoidable significant impacts, and those effects found not to be significant. This section will also include the following: r Cumulative Impacts: This section will,be.hased Qn 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 cgmulative)effects in any of the environmental issue areas discussed in the EIR. This seeton`;Ix✓ill e aluate whether individual project impacts are cumulatively significant when viewed Qm,iinationwith these other projects.The discussion will include an assessment of the'project's ability to compound or increase adverse environmental impacts wlrn "addedto cumulative projects. The cumulative analysis will evaluate compliance withi 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 incoordination 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 -17- I HAUSERS\W PPUBLIC\03ra\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIR.wpd 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. Consultant 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 copy of the Screencheck Final EIR prior to release for public review. Deliverables: Ten (10) copies of the Screencheck Draft EIR Task 4: Draft EIR Upon final acceptance by City staff, Consultant shall deliver a public-review Draft EIR. Deliverables: Sixty (60) copies of the Draft EIR and o reproducible master. 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 pf,future.monitoring requirements and will be written in sufficient detail to address impacts at tlfe"pfoject,,Iavel, referencing the appropriate implementing permits such as grading permits, final maps andribindscape plans. Task 6: Final EIR r`>' L; Consultant shall respond to public comments on the Draft EIR, provide Responses to Comments and revisions to the Draft EIR text. This task assumes that Consultant shall respond to up to twenty-five (25) substantive public comments on the Draft EIR (note that a single comment letter may contain 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. Task 7: CEQA Notices At the completion of the Draft EIR preparation stage, Consultant shall 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, Consultant shall prepare a Notice of Determination to be filed with the County Clerk's office within five days of project approval. 1 rO H:IUSERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek kA Agml for EIR.wpd Task 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 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. Task 9: Meetings and Hearings Consultant 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 participant`s''to review Screencheck Draft EIR comments; Two (2) public hearings (one Planning Commission heaving and one City Council hearing) ,r Task 10: Project Management `�tl,� ' y Preparation of the EIR will be under the.rhariageme'ht 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 witrvlhe ity Of aim Springs and project team.This coordination will provide an opportunity for sound, 'roject rilanagement to ensure that the project is running on time and within the established budge -19- I I H:\USERS\W PPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIR 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 The Contractor shall procure and maintain professional liability insurance in a minimum amount of$1,000,000 in conformance with the provisions of Section 5.0 of this Agreement. Section 5.3 The requirements of Section 5.3 for a Performance Bond are hereby waived. �r � w _20_ HAUSERS\WPPUBLc\03rfp\Rfp 10-03 Preparation 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 task 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 75% of the task amount. 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. v ti fr. Task Payment Milestone �/ ,Payment Amount Payment Method Task 1 Execution of Consultant Agreement by all parties '.:,? $2,500 Lump sum after completion Task 2 Filing of Notice of Preparation ""'"j,`�;'_:,,� $4,260 Lump sum after completion Task 3 Submittal of Screencheck Draft EIR�to J 't,t $51,144 Percentage of completed work (limited to 75% prior to compl.) Task 4 Delivery of Draft EIR to City `� �'"'"' $15,625 Lump sum after completion Task 5 Delivery of MMRP to City eye= 'z?, >, $2,686 Lump sum after completion Task 6 Delivery of Final EIR toity ?^" $17,570 Lump sum after completion Task 7 Filing of Notice of Completio l \e:i` $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 -21- SIA01 H:\USERS\WPPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt 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 Monitoring/Reporting October 24, 2003, City to provide comments on Screencheck Program r" 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, ='�Atif 2004 council meeting r 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 _ J"6 ary 7,2004 Assumes item agendized for January 7, 2004 Council meeting Task 10 Project Management ` ., 4- January 7,2004 Assumes item agendized for January 7, 2004 Council meeting f; ..J -22_ H:\USERS\W PPUBLIC\03rfp\Rfp 10-03 Preparation of EIR\RFP 10-03 Dudek Agmt for EIR.wpd MINUTE ORDER NO. APPROVING CONTRACTING WITH DUDEK&ASSOCIATES, INC. IN THE AMOUNT OF $110,775 FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR DEVELOPMENT OF A 371,000 SQUARE FEET OF RETAIL COMMERCIAL CENTER, LOCATED ATTHE NORTH EAST CORNER OF GENEAUTRY DRIVE(STATE HIGHWAY 111) AND RAMON ROAD, ZONE M-1-P, SECTION 17. I HEREBY CERTIFYthat this Minute Orderapproving contracting with Dudek&Associates, Inc. in the amount of$110,775 for environmental consulting and documentation services necessary for the environmental consulting and documentation services necessary for the preparation of an 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., a tentative parcel map for finance purposes and a Preliminary Planned Development District,with the final agreement to be in a form approved by the City Attorney, was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 30th of July, 2003. PATRICIA A. SANDERS City Clerk I