HomeMy WebLinkAbout04490 - APPLIED PLANNING EIR MO7064 Applied Planning
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Walmart EIR Ann
AGREEMENT #4490
CM signed 11-1t3-03
AMENDMENT #1
TO CONTRACT SERVICES AGREEMENT#4490
WITH APPLIED PLANNING, INC.
FOR PROFESSIONAL PLANNING SERVICES FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR THE DESTINATION RAMON PROJECT
(WALMART), LOCATED AT 5601 RAMON ROAD EAST, ZONE M-1, SECTION 20.
THIS FIRST_AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES (# 4490
herein Agreement), is made and entered into this 14th day of October, 2003, by and between
the City of Palm Springs (herein City or Owner), a municipal corporation, and Applied Planning,
Inc. (herein Contractor), and amends that certain Agreement for contract services dated May 6,
2001, as amended, between the same parties, as follows:
I. EXHIBIT D, SCHEDULE OF PERFORMANCE, is hereby amended to add the following:
IL SCHEDULE OF PERFORMANCE
1. Concluding on March 1, 2004.
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IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the
date stated below.
ATTEST: ; CITY OF PALM SPRINGS,
r\ a municipal corporation
City Clerk d0 f"i4 `' City Manage
DATED this 14th day of October, 2003.
CONTRACTOR:
Applied Planning, Inc.
A�_ oV. wt w'-�Pe 4040 F"J
Reviewed and approved by By Ross S. Geller
& Contracting
Title: President and Secretary
Initials Date
P.O.Number - ADDRESS:
2151 East Convention Center Way
Suite 122 West
Ontario, CA 91764
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Applied Planning, Inc.
EIR
AGREEMENT #4490
CITY OF PALM SPRINGS M07064, 5-1-02
CONTRACT SERVICE AGREEMENT -FOR PROFESSIONAL PLANNING SERVICES
ENVIRONMENTAL IMPACT REPORT
THIS PONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this day of 0 , 2002, by and between the CITY OF PALM SPRINGS,
a municipal corporation, (herein' ity")and APPLIED PLANNING, INC., (herein"Contractor"). The
term Contractor includes professionals performing in a consulting capacity. The parties hereto
agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth herein.
In the event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees,assessments,taxes, penalties orinterest levied,assessed or imposed 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
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conditions,which will materially affect the performance of the services hereunder, Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer,
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans,studies and/or other components thereof to prevent losses ordamages,
and shall be responsible for all such damages,to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties agree
to act in good faith to execute all instruments, prepare all documents and take all actions as may
be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the performance
of the services, without invalidating this Agreement, to order extra work beyond that specified in
the Scope of Services or make changes by altering, adding to or deducting from said work. No
such extra work may be undertaken unless a written order is first given by the Contract Officer to
the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor. Any increase in compensation of up to 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 Eighty Four Thousand Three Hundred and Twenty Five Dollars ($84,325.00)
(herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may
include (i) a lump sum payment upon completion, (ii)payment in accordance with the percentage
of completion of services, (iii) payment for time and materials based upon the Contractor's rates
as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such
other methods as may be specified in the Schedule of Compensation. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs,telephone expense,
transportation expense approved by the Contract Officer in advance, and no other expenses and
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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.
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 (I") 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
severe weather,fires, earthquakes,floods,epidemics,quarantine restrictions, riots,strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of this
Agreement, however caused,Contractor's sole remedy being extension of the Agreement pursuant
to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
ROSS S. GELLER
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It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as 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
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that role. Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. City shall not in any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractorshall 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 amount which fully complies with the statutory requirements of the State of
California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$1,000,000 bodily 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 to the cancellation date, submit new evidence of insurance in conformance
with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall
commence until the Contractor has provided the City with Certificates of Insurance, endorsements
or appropriate insurance binders evidencing the above insurance coverages and said Certificates
of Insurance, endorsements, or binders are approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting
in any way the extent to which the Contractor may be held responsible for the payment of damages
to any persons or property resulting from the Contractor's activities or the activities of any person or
person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same polices of insurance that the Contractor is required to maintain
pursuant to this Section.
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5.2 Indemnification. 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
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 any judgment rendered against the City,
its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees 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.
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6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned
about the cost of work and services to be performed pursuant to this Agreement. For this reason,
Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the work or services contemplated
herein or, if Contractor is providing design services, the cost of the project being designed,
Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event
and the estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of
City, including the right to inspect, copy, audit and make records and transcripts from such records.
Such records shall be maintained for a period of three(3) years following completion of the services
hereunder, and the City shall have access to such records in the event any audit is required
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and agents
in the performance of this Agreement shall be the property of City and shall be delivered to City upon
request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no
claim for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and
the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain
copies of such documents for its own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City any documents
or materials prepared by them, and in the event Contractor fails to secure such assignment,
Contractor shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county. Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
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7.2 Disputes. In the event of any dispute arising under this Agreement,the injured
party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10) days of service of such notice and completes the
cure of such default within forty-five (45) days after service of the notice, or such longer period as
may be permitted by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action may be necessary. Compliance with the
provisions of this Section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate City for any
losses, costs, liabilities, or damages suffered by City, and(ii)all amounts for which City may be liable
to third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall
appear to be the basis for a claim of lien, City may withhold from any payment due, without liability
for interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a 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 other party requiring the party's consent or approval
shall not be deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement,the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief,
or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 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 ($ ) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance(Exhibit
"D"). The City may withhold from any monies payable on account of services performed by the
Contractor any accrued liquidated damages.
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7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for termination
for cause. The City reserves the right to terminate this Agreement at any time,with or without cause,
upon thirty (30) days written notice to Contractor, except that where termination is due to the fault
of the Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any
time, with or without cause, upon sixty (60)days written notice to City, except that where termination
is due to the fault of the City, the period of notice may be such shorter time as the Contractor may
determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services
hereunder except as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved
by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to this
Section, the terminating party need not provide the non-terminating party with the opportunity to cure
pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated(provided thatthe 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 other necessary costs the court allows which are incurred in such litigation. All such fees shall
be deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor, or any successor in interest, in the event of any default
or breach by the City or for any amount which may become due to the Contractor or to its successor,
or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation of
any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
CATEMPWpplied Planningmiod
April 30,2002 (3:OOpm) g_
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, color, creed, religion, sex, marital status,
national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City,
to the City Manager and to the attention of the 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 duly organized and existing, (ii) they are duly authorized
to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
first written above.
C:ITEMP1Applied Planningmpd
April 30.2002 (3:00pm) _10_
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
BY: �� L li�(i•
City Clerk
City Manager
APPROVED AS TO FORM:
(Check one: _Individual _ Partnership .
Corporation)
By:
City Atto� y 1 CONTRACTOR:
Y�
Corporations require two notarized signatures: One from each Signature (Notarized)
ofthefollowing: A. Chairman of Board,President,or any Vice ? f FI"
President:AND B.Secretary,Assistant Secretary,Treasurer, P'YJ*:✓5 `-5 �'-4 �-• �% 6 ',-€4-6—
Assistant e�tc z� Eryt�zE�-�
Assistant Treasurer,or Chief Financial Officer) Print Nal e & Title
. �. .
�MA DIAZ Signature (t, tarized)
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Csw M►8q" � Print Name & Title
MYwMailing Address:
A•ff►2'emcnt over/under $25,000
lRevielved and approved by,
Procurement& Contracting
Initials Date
P.O. Nuinher
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Place Notary Seal Above Signature of Notary P he �)I
OPTIONALII
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document �I
Description of Attachedo umen ddnI
Title or Type of Document: �/'•llllf- W f It,G S -
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Scope of Work
Applied Planning's proposed work program presents a process which will result in the preparation
of an accurate and complete Environmental Impact Report(EIR) pursuant to State law, the CEQA
Guidelines, and the City of Palm Springs environmental procedures. The EIR will draw from
existing environmental documentation to the extent feasible, including resources within Applied
Planning's extensive library of documents from our past work in the vicinity of the project. Upon
completion of a technical adequacy review,the studies prepared by the members of the proponent's
project team will form the basis for the discussions of the following issues in the EIR: land use,
traffic, air quality, noise, biology, and aesthetics.
The EIR will address the environmental effects of the project in proportion to their severity and
probability of occurrence, concentrating on areas of special concern identified in the Initial Study
and in response to the Notice of Preparation (NOP). The EIR will provide a full disclosure of all
significant effects of the proposed project.
Sections for each of the technical issues in the FIR will include the following major headings:
Introduction,Environmental Setting,Existing Policies and Regulations, Standards of Significance,
Impacts and Mitigation Measures, and Cumulative Impacts. For each impact, the EIR will clearly
identify the level of significance of that impact. Impacts will be identified as potentially significant,
potentially significant unless mitigation incorporated,or less-than-significant. Mitigation measures
will be identified where required for all identified impacts and the level of significance after
mitigation will be stated under a separate subheading.
The EIR will be prepared to meet all standards of legal adequacy and edited to ensure straightforward
communication. Maps, drawings, and photographs will be provided in a consistent format
throughout the report. The project and its alternatives will be depicted with the use of graphics
which will also display environmental data and support the discussion of impacts and mitigation
measures for the proposed project.
The work program provides an analytical framework to accurately and completely assess the
environmental effects of the proposed project. The range of issues is broad, including natural
resource topics; planning issues, such as land use; air quality and noise issues; and infrastructure
issues, such as traffic and circulation.
The following paragraphs describe Applied Planning's proposed work tasks to complete the
preparation of the EIR for the proposed commercial center.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page I
TASK 1: EIR INITIATION MEETINGS
In addition to attending up to four (4) meetings/hearings throughout the course of the project,
Applied Planning's management team for the EIR will attend a series of meetings early in the
process with City staff and, if requested by the City, the applicant's representative to clarify
expectations,refine the work plan,exchange information and present specifics on our recommended
approach to the project. The needs of the City of Palm Springs, the project proponent, and other
interested agencies and the public will be discussed to ensure that all relevant issues are clearly
defined at the outset and are addressed in the EIR. Concurrence will be reached on the project
description,alternatives,and the need for any additional technical studies. The project schedule will
be discussed and refined, as necessary, to reflect agreements and understandings reached in these
meetings. Based on the outcome of these meetings, Applied Planning will prepare a refined EIR
schedule, identifying critical data needs and associated delivery dates necessary to attain the agreed
upon schedule.
Applied Planning will prepare a detailed Initial Study for the project. Upon affirmation of the project
description, Applied Planning, Inc. will prepare a thorough CEQA evaluation of the project using
the City's Initial Study CEQA checklist form. Answers to all responses will be qualified with the
appropriate level of discussion.
Additionally,Applied Planning will prepare a Notice of Preparation(NOP)for the project using the
City's NOP format. These items will be provided to City staff for review and comment. The
documents will be distributed by the consultant based on City provided mailing distribution list.
Products
• Definition of Project and Alternatives
■ Refined Scope of Work (if needed)
• Refined Schedule (if needed)
• CEQA Initial Study
• Notice of Preparation
TASK 2: ENVIRONMENTAL DATA COLLECTION
Applied Planning will collect and develop the data necessary for use in the environmental analysis.
It is assumed that the project team has already collected a significant amount ofbaseline information,
and therefore, Applied Planning will coordinate with City staff to obtain this data from the
applicant's team members as a starting point for directing the data collection effort. Important steps
in this task will include a review of existing information sources and technical studies supplied by
the proponent, field review of the site and surrounding areas, and a survey of area land uses.
An essential part of the data gathering effort will be to review existing technical studies for adequacy
and completeness. This scope of work assumes that the technical studies provided under separate
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 2
contract will provide the essential information needed for the related EIR sections, including
information on existing conditions, impacts and mitigation. The technical studies include:
• Retail Shopping Center-Traffic Impact Analysis, Endo Engineering, (3.02)
• Retail Shopping Center Air Quality and Noise Impact Study, Endo Engineering, (3.02)
• Cultural Resources Assessment, CRM Tech, (2.02)
• Biological Assessment and Impact Analysis of the Retail Site,James W. Cornett Ecological
Consultants, (02.02)
• Economic Impact Analysis, Natelson Company, (04.02)
Additionally, a range of existing environmental documents developed and published by local and
regional jurisdictions will be reviewed, including, but not limited to:
■ The City of Palm Springs General Plan
■ The City of Palm Springs Zoning Ordinance
■ The City of Palm Springs Municipal Code
• Initial Study for Lowe's Home Improvement Warehouse
It is assumed that numerous other relevant documents will be collected during this phase of the
project. Applied Planning will review these documents and relevant information will be
incorporated into the EIR.
As part of this task, Applied Planning will also contact certain key agencies and City departments
to gather information on existing conditions and to clarify policies and regulations relevant to the
project. Letters with specific questions will be sent out early in the process and will be followed up
by telephone calls,and if needed,meetings to ensure timely receipt of baseline information essential
to the EIR.
Products
• Existing environmental baseline data
• Complete and adequate techmical studies
TASK 3: PREPARATION OF SCREENCHECK DRAFT EIR
The Applied Planning team will prepare the Screencheck Draft EIR (SDEIR) in accordance with
CEQA and City regulations and guidelines. The document will provide a full analysis of the project
in the impact and mitigation chapter of the EIR as well as an analysis of the project alternatives in
a separate chapter of the EIR. Each section of the report will include all statutory sections required
by CEQA. The document will include a project description, setting, impacts, thresholds of
significance, and mitigation measures for each of the environmental issues, and a complete list of
authors responsible for the environmental analysis. Sections will also include a heading on relevant
plans and regulations that would serve to reduce the potential impacts of the project.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 3
The impact analyses will state impacts for each project option and will differentiate between the site-
specific effects of the project and the cumulative effects associated with the project. The analysis
will also identify impacts associated with individual phases of the proposed project which may differ
from build-out. The determination of what constitutes a significant impact will be clarified by the
use of standards of significance. It is intended that these standards be reviewed by the City prior to
preparation of the EIR. Where existing plans, policies and regulations serve to mitigate impacts,
they will be considered prior to determining an impact's significance. This will avoid overstatement
of the project's impacts and the development and monitoring of unnecessary mitigation measures.
Mitigation measures will be as specific as practical, emphasizing responsibility and timing for both
implementation and monitoring of mitigation. Prior to completion of the Screencheck Draft EIR,
Applied Planning will meet with the City to review proposed mitigation measures. For each
significant impact, the level of significance following mitigation will be stated. The cumulative
impacts will be specified as to their degree of severity in individual sections of the EIR, cross-
referenced where required between sections,and summarized in a separate section of the document.
A summary table of impacts and mitigation measures will be prepared in a fashion that is easily
adaptable for use by the City in adopting findings.
A discussion of the methodologies and approach for the analysis of each of the environmental topics
in the SDEIR is presented at the end of the Work Program description. Five(5)copies of the SDEIR
will be delivered for review by City staff.
Products
■ Pre-approved standards of significance
• Internal review of mitigation measures
■ Five (5) copies of the Screencheck Draft EIR
TASK 4: PREPARATION OF THE DRAFT EIR
Following review by the City,Applied Planning will revise the SDEIR and produce the Draft EIR.
Fifty (50) copies of the Draft EIR and Technical Appendices will be submitted to the City for
distribution. The Draft EIR and Notice of Completion will also be submitted to the State
Clearinghouse and the County, initiating the 45-day public comment period.
Applied Planning will prepare a Notice of Completion using the City's format.•The documents will
be distributed by the consultant based on a City-provided mailing distribution list. Applied Planning
will ensure that the appropriate number of copies of the Draft EIR are filed with the State
Clearinghouse, and also sent to responsible and interested agencies. City staff will be responsible
for the necessary notices announcing the public hearing and the availability of documents to be
published in a major local newspaper serving the study area.
Products
■ 50 copies of the Draft EIR
■ Notice of Completion
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 4
TASK 5: PREPARATION OF SCREENCHECK FINAL FIR
After the close of the public continent period,Applied Planning will prepare written responses to the
comments on the Draft EIR received during the public review period for submittal to the City. Five
(5) copies of the Screencheck Final EIR will be delivered the City.
Products
■ Five (5) copies of the Screencheck Final EIR
TASK 6: PREPARATION OF FINAL FIR
Following City review of the Screencheck Final EIR, Applied Planning will make any needed
changes to the response to comments portion of the document and will send the responses to
commenting agencies and parties at least ten days prior to certification of the document. The EIR
will then be finalized, and a Mitigation Monitoring Program will be prepared. Fifty (50) copies of
the Final EIR and a Mitigation Monitoring program will be submitted to the City along with a
reproducible original and an electronic copy. If necessary, Applied Plamring, will prepare the
Statement of Facts,Findings and Overriding Considerations and will provide copies to the City Staff
for inclusion with the Staff Report for the project.
Products
■ If necessary, Statement of Facts, Findings and Overriding Considerations
• 50 copies of the Final EIR
• Reproducible original of the Final FIR
TASK 7: MEETINGS AND PUBLIC HEARINGS ON THE EIR
The Applied Planning team will be available to attend necessary public hearings on the EIR. The
proposal includes costs for Applied Planning to attend up to four public meetings or hearings.
Upon certification of the document, Applied Planning will prepare and process the Notice of
Determination. Any fees associated with the processing will be the responsibility of the City.
Products
• Attendance at up to four(4)public meetings
■ Prepare and process Notice of Determination
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 5
TASK': PROJECT MANAGEMENT AND ADMINISTRATION
At the beginning of the project,Applied Planning,through coordination with the City planning staff
and the applicant's team members, will compile a list of all potentially involved departments and
agencies. During the course of the environmental analysis, Applied Planning will assume
responsibility for coordinating with these respective agencies. Thus,the environmental analysis will
incorporate all the appropriate department and agency input in order to expedite the process of
environmental certification and approval.
Applied Planning's Project Manager will maintain routine contact with City project planners and the
applicant's team members. Applied Planning's management team will be responsible for
coordination of all consultant team members and staff. Where appropriate, Applied Planning will
utilize the expertise of City staff and the applicant's team members to confirm assumptions and
methodologies, to provide input in formulating key mitigation measures, and to verify major
conclusions.
It is understood that the City Attorney will provide legal review of the Environmental Impact Report,
and should legal questions arise about the project, the consultant 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 comply fully 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. Applied Planing's work product, as described in the scope of services, will be subject
to review by the City's Director of Planning and Building and City Attorney,Applied Planning 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 Applied Planning of any necessary revisions in an
organized manner without repetitive edits.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project page 6
ANALYSIS OF KEY ISSUES
Land Use
A complete discussion of land use will be included in the EIR. This discussion will include a
description of existing land use patterns in and around the project site, existing zoning and General
Plan designations,and applicable policies and plans. The impact analysis will focus on internal and
external land use compatibility issues and project consistency with local and regional plans and
policies. More specifically, this section of the EIR will include the following:
• The land use context for the project will be established by surveying the area and providing
maps and descriptions of current land use patterns at the project site and in the immediate
vicinity.
• The characteristics of the project will be compared and evaluated for conformance with the
City of Palm Springs General Plan and other related planning documents. Any potential
conflicts and/or land use impacts will be discussed.
• As a part of the land use analysis, the characteristics of the existing site and surrounding
development will be described and the changes associated with the proposed project will be
evaluated. The proposed project's compatibility with the character of the area will be
examined in order to help determine the appropriateness of the proposed uses. Particular
attention will be given to potential conflicts between proposed land uses and existing and
planned uses in the vicinity.
• Potential land use impacts related to changes in the intensity of land uses on the project site
will be described. Changes in land use associated with the proposed project as well as
cumulative projects will be discussed in relation to existing land uses and current land use
policies.
• The potential economic effects on the overall retail market area will also be analyzed. The
extent that the project could have physical impacts on existing retail centers within the area
will also be discussed.
• If significant effects are discovered, mitigation measures will be proposed to achieve land
use compatibility and conformance with applicable land use policies.
• For informational purposes, a discussion of the employment characteristics of the project
including the primary and perceived secondary job generation will be included in the land
use section.
Biological Resources
A Biological Resources analysis will be included to identify and assess the significance of the
biological resources that are present on the project site.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 7
The analysis will draw from recently completed biological investigations of the site prepared by
James W. Cornett, and will describe the biological resources within the project area in terms of
Vegetation and wildlife habitat for resident and migratory species, and habitat for rare, threatened,
endangered, or otherwise sensitive species. Measures to reduce impacts upon biological resources
will be incorporated into the EIR as mitigation, and the full text of the Biological Resources Survey
will be appended to the EIR.
Transportation/Circulation
This EIR is based upon use of the traffic study recently prepared for this project by Endo
Engineering. Tom Mitchell T.E., Applied Planning's Director of Transportation Services, will
review this traffic study for accuracy and completeness. Minor adjustments, modifications, or
enhancements will be made accordingly, if necessary. If major revisions are needed (such as trip
generation adjustments and subsequently required revised traffic projections, level of service
analyses, or assessment of impacts and mitigation measures), then such a recommendation will be
made. The revisions,whether minor or major,will be made independently,although it is anticipated
that discussion will be held with Endo Engineering using proper City protocols.
The traffic study that will be incorporated into the EIR will be consistent with the traffic study
requirements of the City and the Coachella Valley Associates of Governments. Upon conclusion
of the independent review process,the entire traffic study will be appended to the EIR.The specific
tasks will include:
• Review the Palm Springs Retail Commercial Project Traffic Impact Analysis prepared by
Endo Engineering.
■ Identification of all potential environmental effects including the changes between build-out
at the maximum potential development and the existing conditions.
• Verify the appropriateness and effectiveness of the proposed mitigation measures.
• Substantiation of the conclusions.
Noise
Endo Engineering has prepared a noise analysis of the project. This study will be independently
reviewed by Applied Planning. Measures recommended to reduce noise impacts will be
incorporated into the EIR as mitigation. The full noise study will be appended to the EIR.
To adequately address the issues concerning noise within the project site, the following scope of
work will be undertaken.
• Introduce the relevant noise rating schemes and their significance in quantifying the acoustic
environment.
■ Discuss noise fundamentals including: typical noise levels, sound propagation with distance
from point sources versus line sources, physical and psychological responses to sound, and
community responses to noise.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 8
• Identify land uses that are sensitive to noise and discuss harmful effects of noise.
• Identify and discuss the land use compatibility guidelines established by the City of Palm
Springs.
• Quantify existing noise levels adjacent to master planned roadways within the study area
(based upon the traffic volumes provided in the traffic study and the computerized Federal
Highway Administration Highway Traffic Noise Model RD 77-108).
■ Document in tabular form the noise levels at 100 feet from the roadway centerlines, as well as
the distances to the 60, 65 and 70 CNEL contours. Discuss potential construction-related
short-term noise impacts.
■ Develop projections for future noise levels adjacent to master planned roadways based upon
future traffic volume projections with and without the proposed project provided in the traffic
study(using the RD-77-108 computer model).
■ Identify those locations where significant noise increases are expected to occur and discuss the
significance of project-related motor vehicle noise increases.
• General mitigation measures for the proposed project will be identified as appropriate.
Air Quality
Endo Engineering has prepared an air quality study for the project. The complete air quality analysis
will be appended to the EIR. Specifically, the review will undertake the following:
■ Determine if the air quality study complies with local and CEQA requirements.
• Review the methodologies and emission factors used in the air quality study to determine if
the input parameters and assumptions are consistent with those approved by the South Coast
Air Quality Management District.
• Review the conclusions and the mitigation measures to determine if the findings are supported
by the analysis.
• Assure incorporation of appropriate mitigation measures into the proposed project.
Aesthetics, Light and Glare
Development within the project area will introduce new light sources,including signage and parking
lot lights, in an area that is currently undeveloped. The visual impact of the proposed project will
need to be evaluated. The following describes the tasks to be undertaken.
■ Applied Planning will conduct a field reconnaissance to establish the visual setting of the
project site and vicinity. Existing conditions and views will be documented with photographs.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 9
■ The EIR will include a textual evaluation of the visual relationship of the project to the
surrounding area, and identify any impacts of the proposed project. The EIR will address
issues of landform modification and general visual qualities.
■ The changes in the visual characteristics of the site that would result from project
implementation will be described in the EIR.
■ The EIR will evaluate impacts associated with increased light and glare generated by project
development, especially potential effects on nearby uses.
• For each significant environmental effect identified, the EIR will propose project-specific
mitigation measures to diminish identified impacts. It is anticipated that mitigation measures
for visual impacts will largely consist of proposed measures to be followed in the design of the
project.
Cumulative Impacts
Impacts that are individually limited, but that may be cumulatively considerable, will be addressed
in the EIR. The relationship of this project to other developments planned or proposed in the vicinity
of the project area will be discussed. These related projects may create impacts that become
significant in their cumulative effects. Cumulative impacts will be discussed on a local, and/or
regional level, depending on the area influenced by the cumulative effect of the specific
environmental issue. The project's contribution to cumulative impacts will be identified, and
reasonable mitigation measures will be established where they are necessary and feasible.
Statutory CEQA Topics
In addition to the specific environmental impacts described above,the following general topics will
be discussed as required by CEQA:
■ Growth-Inducing Impacts. The growth-inducing potential of the project will be.addressed.
Ways in which the proposed project could foster population or economic growth, either
directly or indirectly,in the City and the adjacent cities will be discussed. The potential for this
project to facilitate or encourage the development of adjoining or nearby land will also be
addressed.
■ Irreversible Environmental Changes. Any irreversible environmental changes that would
result from the implementation of the proposed project will be discussed, including the
commitment of any non-renewable resources.
• Adverse Environmental Effects Which Cannot Be Avoided If The Project is
Implemented. In this section of the report, all adverse impacts, including those which can be
reduced to an insignificant level but not eliminated, will be summarized. Where there are
impacts that cannot be eliminated without imposing an alternative project design, their
implications and the reasons why the project is being proposed notwithstanding their effects,
will be discussed.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 10
■ Short-Term Uses of Man's Environment Versus Long-Term Productivity. The benefits
and implications associated with the short-term uses of the site will be compared to its long-
term productivity. Ways in which the proposed project will commit future generations of
residents to specific land use and circulation patterns will be discussed. In addition, the
reasons why the proponent feels the project should be carried out now rather than reserving the
site for future options will be explained.
Alternatives
The analysis of alternatives is an important element of the EIR process. The selection and discussion
of alternatives fosters informed decision-making and informed public participation by examining
feasible project alternatives which may result in the avoidance or reduction of adverse impacts.
Three alternatives will be evaluated including the "no project" alternative. The selection of
alternatives, all of which will be substantially different from the proposed project, will be made in
consultation with the City staff early in the process. The alternatives will be discussed in a separate
chapter of the EIR.
Mitigation Monitorine Program
Applied Planning will develop a Mitigation Monitoring and Compliance Program (MMCP) in
conformance with City standards and State-mandated requirements. The MMCP will establish
agency and department responsibility for monitoring the implementation of mitigation measures and
will describe the timing/frequency of both monitoring and reporting. The MMCP will be organized
in table format and mitigation measures will be identified according to impact category and
numbered for ease of reference.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 11
EXHIBIT "A"
Compensation
Applied Planning, Inc. will prepare the requisite Initial Study and Focused Environmental Impact
Report for a fixed fee cost of$84,325. An estimate of costs per task has been provided as Exhibit
"B"for management purposes. The spreadsheet is presented for illustrative purposes only and task
budgets can be administratively amended, as long as the overall fixed fee budget is not exceeded.
Invoices will be prepared monthly and will be based on the percentage of the overall project that was
completed during the billing period. Milestones for payments shall be up to 85 percent of the
contract amount for completion and distribution of the Draft FIR, up to 95 percent for the
distribution of the Final FIR and up to 100 percent within 60 days following the distribution of the
Final EIR, if the project is delayed for any reason outside of the control of the consultant.
This fee includes meetings and public hearings with the City(assumed to be up to four)and copies
of the document(assumed not to exceed 50 copies of the Draft EIR and 50 copies of the Final EIR).
Any additional meetings will be billed on a time & materials basis according to the attached fee
schedule and additional document copies will be billed at cost plus 15 percent basis.
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 12
• yy ■
� • Retail 1 • a
• 1:stirnate
Project senior Graphic
Manager Planner Plannerll Planner, Technician Clenca,
BILLING RATE $150 $110 $85 $75 $60 $50
COST
PHASE I: PROJECT INITIATION
Task 1 Initiation Meetinizs 8 8 0 0 0 0 2,080
PHASE II: ENVIRONMENTAL DOCUMENTATION
Task 2 Environmental Data Collection 8 16 8 8 0 4 4,440
Task 3 Preparation of Screencheck EIR 0
Introduction 0 0 4 2 4 2 830
Project Description 8 12 0 4 0 4 3,020
Summary 0 4 0 0 2 2 660
Land Use 8 12 4 0 6 4 3,420
Biological Resources 8 8 0 0 8 4 2,760
Noise 12 16 0 0 0 4 3,760
Transportation and Circulation 10 8 5 0 4 4 3,245
Air Quality 6 12 2 0 6 3 2,900
Aestethics, Light and Glare 6 4 18 18 4 6 4,760
Alternatives (3 including'No Project") 8 20 6 6 2 4 4,680
Cumulative Impacts 4 10 0 0 0 6 2,000
Statutory CEQA Topics 8 8 0 8 2 2 2,900
Mitigation Monitoring Program 8 8 0 0 6 8 2,840
Task 4 Pre aration of Draft EIR 24 37 12 5 12 10 10.28r
SUBTOTAL 118 175 59 43 56 67 54,5i8
PHASE III: PREPARATION OF FINAL EIR
Task 5 Preparation of Screencheck Final EIR 12 20 6 0 6 6 5,170
Task 6 Preparation of Final EIR 12 12 8 4 5 10 4,900
Statement of Facts, Findings and Overiding Conside 12 24 4 6 4,980
Task 7 Meetings and Hearings 38 24 8,340
SUBTOTAL 24 32 14 4 11 16 23,390
Direct Expenses
Printing
Screencheck EIR: 5 copies @$50 per copy 250
Draft EIR: 50 copies @ $50 per copy 2,500
Screencheck Responses to Comments/Final EIR: 5 copies @$40 per copy 200
Final EIR: 50 copies @$40 per copy 2,000
Mailings, Copies, Mileage 1,405
SUBTOTAL 6,355
=ESTIMATEDTOTALST 8,4,325
Avvlied Planning,Inc. Scope of Work(revised 4.16,02)
Page 12
EXHIBIT"C"
APPLIED PLANNING INC.
HOURLY BILLING RATES - EFFECTIVE JANUARY 1, 2002'
Job Classification Hourly Rate','
PRINCIPAL $150
SENIOR PROJECT MANAGER $110
SENIOR PLANNER $ 95
PLANNER II $ 85
PLANNER I $ 75
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST $ 45-80
ENVIRONMENTAL ANALYST/ASST. PLANNER/ASST. ENGINEER $ 40-70
PRINCIPAL BIOLOGIST $110
SENIOR BIOLOGIST $75
FIELD BIOLOGIST $65
FIELD DIRECTOR (ARCHAEOLOGY/PALEONTOLOGY/BIOLOGY) $ 45-60
RESEARCH ASSISTANT/TECHNICIAN $ 25-50
FIELD CREW $ 20-45
GRAPHICS TECHNICIAN $60- 65
CLERICAL $ 50
1 Revised January 1,2002
Z Reimbursable expenses will be charged on a direct cost basis plus 15%.
3 The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony,
will be billed at$200 per hour regardless ofjob classification.
a Mileage-ts-eharged-at-W3-5-13 mi}e
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 14
x � •
EXHIBIT "D"
Schedule
It is anticipated the EIR could be completed in accordance with the following milestones:
1. Project Commencement/Authorization to Proceed May 2, 2002
2. Issue Notice of Preparation May 3, 2002
3. Deliver Screencheck EIR June 3, 2002
4. Distribute Draft EIR June 10, 2002
5. Prepare Notice of Completion June 10, 2002
5. End Public Review Period July 25, 2002
6. Deliver Screencheck Final FIR August 5, 2002
7. Distribute Final EIR September 2, 2002
8. Planning Commission Hearing(s) TBD
(Second meeting in September)
9. City Council Hearing TBD
(First meeting in October)
Applied Planning, Inc. Scope of Work(revised 5101102)
Palm Springs Retail Commercial Project Page 15
May-20-02 10- 54A Hartley, Scott,&Knier 61 291 0912 P _ Ol
aeoR� CER IFIC OF LIABILITY IN5U1WNU= 03i0»2002
PRODUCER (619)295-5155 FAX (619)291-0912
Hartley, Scott & Kni Brim Insurance #0574253 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. BOX 4068 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
San Diego, CA 92164-4068 INSURERS AFFORDING COVERAGE
Gavagan, Carol
IN5unRD Applied Planning, Inc INsuRtNA GULF INSURANCE CO/HULL & COMPANY
2151 E Convention Ctr Way INSURER H'. ALLIED INSURANCE CROUP _
Bldg C. Ste 122 INSURFRC: STATE COMPENSATION INS FUND
Ontario, CA 91764 INSURER D'
INSURER E -
OVERAGES
THP.POLICIES Oh INSURANCE LISTED BELOW HAVE BECN ISSUED TO THE INSURED'NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONOI T ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI]IS CERTIFICAT F MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN IS SUR.IECT TO ALL THE TERMS,EXCLUSION$AND CONDITIONS OF SUCH
POLICIES AGGREGATE I IMITS SHOWN MAY HAVE SUN REDUCED HY PAID CLAIMS
LTR xPmwTTOFr
TYPE OF INSURANCE POLICYNUMBER DATE(MOUIYY) DATE(MMIDONY) LIMITS
GENERALUABILITY GU28Z4642 07/03/2001 07/03/2002 FACHOCCUHRFNCC S 1,000 000
X COMMERCIAI GENERAL LIMA1 ITV FIRE DAMAGE(Arty one fun) $ 50,()00
CLAIMS MAHF 1 X J OCCUR MEO EXP(Any one pe,%Dn) $ 5,00
A _ PERSONAI &ADV INJURY S I,000,000
GFNERALAGUHEGATE S 2,000,000
GFN'L AGGREGATE LIMIT APPLIES PEII PRODUCTS.COMP/OPAOG $ 2,000,000
POI icy J E PRCTO• LOC
AUTOMOBILE LIABILITY ACPHA78009Z9S54 07/03/2001 07/03/2002 COMBINED SINGLE LIMIT S
ANYAUTO (Ea AMMON) 1,000,000
ALI OWNED AUT US
BODILYINJURY 5
B X SCHEDULED AUTOS (Per porson)
X HIRED AI,ITOS 30011 Y INJURY
X NON-OWNEDAIITCS (Per acw..IJ S
-. .... PROPERTY DAMAGE S
(Ref acndrnll
GARAOE LIABILITY AUTO ONLY HA ACCIDENT $
ANY AUTO
OIHFRTIIAN EAACC $
AU IQ)CINI Y AT-
CID S
EXOESS LIABILITYr EACH OCCURRENCE S
OCCUR (CLAIMS MADE AGGREGATE $
OFDUCTIBLE "
5
RETENTION -
WORKERS COMPENSATION AND 1669859 01/04/2002 01/04/2003 X TDRV LIMITS ER
EMPLOYERS'LIABILITY
C
E.L.EACH ACCIDENT s 1,000,000
F-.L DISEASE-HAF.MPLDYE S 1,00
_ E.L mSEASC-POLICYIIMIT s 1,000,00
OTHER U2824642 07/03/2001 07/03/2002 51,000,000 each claim
rofessional
A Liability- claims $1,000,000 aggregate
de.retrog/j/94 $10,000 ded per claim
DESCRIPTION OF OPERATIONSILOCA IOIJSrVEHICLESIEXCLU510NG ADDED BY ENDORSEMENTISPECIAL PRO VISIONS
ERTIFICATE HOLDER NEEDS PROOF OF INSURANCE COVERAGE
'110 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM.
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE 155U W G COMPANY WILL ENDEAVOR TO MAIL
30-_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLPER NAMED TO THE LEFT,
CITY OF PALM SPRINGS BUT FAILURE TO MAIL SUCH NOTICE$HALL IMPOSE NO OBLIGATION OR LIABILITY
3200 TAHQUITZ CANYON OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVE5.
PALM SPRINGS, CA 92262 T RIZEP REPRE NT IV
7(,0 - 4,w: h,4 CL u.1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s). - -
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(7197)