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CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT CONTRACT NO. C33240 1. Parties and Date. This Agreement is made and entered into this 25t" day of April, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Raimi + Associates, Inc. ("Consultant"), a California corporation, 2000 Hearst Avenue, Suite 306, Berkeley, CA 94709. City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional planning services for the update of the City of Palm Desert Comprehensive Plan and preparation of the associated Environmental Impact Report, Contract No. C33240, ("Project") as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necess I an adequately supply the professional planning services required herei e ary fo the Project ("Services") and consistent with the level of effort iden ed in "C". The Services are more particularly described in Exhibit "A" attached ereto and incorporated herein by reference. Consultant shall exercise due professional care to provide that all Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Contract No. C33240 3.1.2 Term. The term of this Agreement shall be from May 25, 2014 to May 25, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City which shall not be unreasonably withheld. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement. As discussed below, any personnel. who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP, 2 Contract No. C33240 Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; and Mr. David E. Bergman, AICP, Principal, MR&E. 3.2.5 City's Representative. The City hereby designates Ms. Lauri Aylaian, Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Council is the only authorized body that can approve increasing the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew Burris, AICP, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the 3 Contract No. C33240 Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned (if any),hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements 4 Contract No. C33240 Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 5 Contract No. C33240 Primary and Non-Contributing Insurance: All insurance coverages except Professional Liability shall be primary and any other insurance, deductible, or self- insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to require its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability and Automobile Liabilityand if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized 6 Contract No. C33240 reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seven hundred ninety-nine thousand seven hundred and three dollars ($799,703) without authorization of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council. 3.3.5 Rate Increases. In the event that this contract is extended beyond the date specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the time of renewal in accordance with the change (increase or decrease) in the Riverside County Consumer Price Index for the previous twelve months. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 7 Contract No. C33240 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) business days before the effective date of such termination. Prior to termination due to cause, City will make reasonable effort to provide notice and opportunity for Consultant to correct any default. Upon termination, Consultant shall be compensated for those services which have been adequately rendered to City.Consultant shall be entitled to no further compensation beyond reasonable expenses for transfer of materials to the City. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) business days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Raimi + Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Attn: Mr. Matthew Burris, AICP, Senior Associate City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Ms. Lauri Aylaian, Director of Community Development Such notice shall be deemed made when personally delivered or when sent via FedEx or other service that provides document tracking. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in 8 Contract No. C33240 plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Maintenance of confidentiality by the Consultant excludes any disclosure required for Consultant to comply with pertinent laws. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. All information and documents that are provided to the City by the Consultant are considered proprietary and not public information. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, designated volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with this 9 Contract No. C33240 Agreement. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent 4 required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to �L the negligence, recklessness, or willful misconduct of the Consultant. City shall cooperate reasonably in the defense of any action, and Consultant shall employ competent counsel, reasonably acceptable to City. To the fullest extent permitted by law, City shall defend, indemnify and hold the Consultant, their directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, 3 loss, damage or injury to property or persons, including wrongful death, in any manner s arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of City, its officials, officers, employees, subcontractors, consultants or agents in connection with this Agreement. 3.5.6.2 Additional Indemnity Obligations. To the extent caused by the above, 4` Consultant shall pay and satisfy any judgment, settlement, award or decree that may be rendered against City or its directors, officials, officers, employees, and designated volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall 'nclude payment for City's attorney's fees and costs, including expert witness feesonsultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, q employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, � understandings or agreements. This Agreement may only be modified by a writing signed by both parties. l'0 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of V California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this A— -° Agreement. 0 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors .sa and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. p off Y'4--9 f'o�ee5 ���P� �► el1 1!j>I eX S zt,A cb�-5 i,7e Cv✓���ch'o✓► �1 v� ,ntrct� � rr '►�� Contract No. C33240 3.5.13 Construction; References; Captions. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, and designated volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require 11 Contract No. C33240 every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated in Consultant's proposal dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT RAIMI + ASSOCIATES By: By: Mayor or City Manager Matthew Raimi, Principal ATTEST: By: Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney 12 Contract No. C33240 EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Initiation In this task, the Raimi + Associates (R+A) team will initiate the project, meet with City staff, and tour the City. This task includes the following sub-tasks: 1.1 Proiect Initiation Meeting R+A will meet with City staff to initiate and organize the project. During this meeting, participants will review and discuss the scope of work and the overall schedule, develop a detailed three-month project schedule, and review the current planning-related activities in Palm Desert relevant to this update process. A key component of this meeting will be to discuss the City's objectives and review and refine the Scope of Work, if needed. Additionally, R+A and the City will clarify roles and expectations, establish communication portals for information sharing and future discussions, discuss billing logistics; and share background information and materials. 1.2 Collect Information and Develop GIS Database City staff will provide the R+A team with all of its existing data, reports, and studies relevant to the General Plan update. Critically, R+A will collect existing GIS data from the City. We expect that the City will have, at minimum, the following data in GIS-based shapefiles: existing land use, general plan land use, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and County assessor data. R+A will collect additional information on Palm Desert including data from the US Census, the Riverside County Department of Public Health, SCAG, CVAG, and various State of California departments. Finally, R+A will create a base map of the City for use by the team throughout the project. R+A will prepare the base map in Adobe Illustrator and GIS (ESRI ArcMap 10) using high resolution aerial photos provided by the City and from GIS. 1.3 Kick-off Team Meetinq/Tour Key members of the R+A Team will visit Palm Desert for a kick-off meeting and City tour. Note that some team members may only attend part of the kick-off meeting. The kick-off meeting will have three primary components: 1. Team meeting with City staff and the R+A Team. 2. Tour the city with City staff. 3. Meetings with individual department directors or staff. 13 Contract No. C33240 Task 1 Deliverables: • Project Initiation Meeting • Refined General Plan Work Plan and Schedule • Base Map of City • Kick Off Meeting and City Tour • Document and Data request Task 2: Community Engagement The R+A Team will work with the City to implement a public outreach process to ensure a transparent and efficient planning process. The tasks included in the scope represent R+A's idea for reaching the full spectrum of Palm Desert community members, but will ultimately be refined in the Community Engagement Plan after working directly with City staff. R + A will be the primary leader for the public outreach and visioning tasks described below, with continuous involvement by R+A in all efforts to ensure all team members gain first-hand understanding of the community's vision. 2.1 Technical Working Group The City will appoint a .General Plan Technical Working Group (TWG) to support the General Plan update. Ideally, the group would consist of approximately 15 members. The R+A team will attend and facilitate one Technical Working Group meeting per month for crucial phases of the project, totaling approximately 14 meetings since meetings are not needed during certain phases of the project. The TWG may not need to meet in person on a monthly basis, but rather should meet regularly during key periods of data gathering and policy review, while checking in via conference line or email during months where the R+A Team is working on specific tasks. This will help prevent committee fatigue and provide potential TWG members with a more manageable time commitment to the project. R+A will kick off the Technical Working Group at the first meeting by reviewing the project purpose; discussing the contents and state requirements for the General Plan, the Highway111 corridor plan, the traffic model, and EIR; establishing the group's ground rules and role in the process; and reviewing the community engagement program and project timeline. The TWG will provide feedback at the following key project milestones: • Project kick-off • Community vision • Key issues • Technical background studies • Key policy approaches • Land use and circulation alternatives 14 Contract No. C33240 • Corridor Plan development • Public review draft General Plan The R+A project team will provide a facilitator and the project manager, in addition to other needed technical staff for presentations, and prepare meeting agendas, presentations, and summaries for each meeting. 2.2 Stakeholder interviews R+A team members will conduct up to 8 one-on-one meetings with key members of the City Council, Planning Commission or community at the beginning of the process to obtain a better understanding of the project issues, the strengths of the City and their vision for the City. 2.3 Highway 111 Corridor Plan Workshops R+A believes the development and evolution of the Highway 111 corridor is critical to Palm Desert and is thus worthy of a substantial public outreach effort. The R+A Team will develop meeting parameters and provide guidance for the City to follow in efforts to conduct a series of public meetings. The focus of these parameters will be to provide uniformity in presenting information, facilitating dialogue, garnering input, and fostering consensus. Workshops will be creative forums in which a free flow of ideas can take shape toward a common purpose. The challenge of these meetings will be to ensure adequate and broad-based participation in order to avoid homogenous or narrow input. To make sure that all voices are heard, the R+A Team will supplement the public meeting presentations with Turning Point software. Turning Point is designed to work on top of Microsoft PowerPoint. Participants are given a credit card size infrared voting device that allows them to anonymously vote on issues, survey questions, and ranking/prioritization questions. Results appear immediately as a compiled bar or pie chart on the slide. Because voting is anonymous, it prevents a vocal person from dominating the meeting with their ideas and supports "one voice one vote." It also enables the meeting facilitator to have a more dynamic discussion as follow-up to the results. The agendas and approach for each workshop will be developed in collaboration with the City to identify the best format based on the audience, information to be presented, and input needed. The R+A Team will share lessons learned and best practices to assist in the decision making process. The R+A Team will conduct the following four public workshops at key project milestones: Workshop No. 1 - Background InformationNisioning: In this workshop, which may be scheduled on a Saturday for a 3 to 4 hour block, the Team would make an opening presentation that includes a summary of the existing conditions analysis and a range of corridor precedents that may serve as models for elements of the Highway 111 Corridor 15 Contract No. C33240 plan. Following this presentation, participants will be invited to ask questions and offer comments, and then be asked to break into smaller groups to discuss opportunities and constraints in the Plan Area. Base maps of the Plan Area would be provided at the group tables and posters of the analysis and precedents could be hung around the walls of the workshop space. Team members will facilitate discussions and provide information. At the end of the workshop, group representatives will report their results to the assembly. Immediately following the Workshop, the team will hold a debrief meeting with City staff and the TWG. Workshop No. 2 - Public Realm Framework Plan and Development Types: Building off the public input received during Workshop No. 1, this workshop will focus on establishing a framework for pedestrian-friendly streets and sidewalks, focusing on streetscape and building frontages. During this workshop, the R+A team will also begin to explore appropriate development types for different segments of the Highway 111 Corridor. Workshop No. 3 - Preferred Land Use Alternative: Building on the community input received in Workshop No. 2, a draft land use plan that assigns specific development types and intensity ranges to each sub-area of the Plan (or segment of the Corridor) will be presented and discussed (See Task 6 for more detail on the draft land use plan). Workshop No. 4 - Public Review Draft Highway 111 Corridor Plan: This workshop will focus on key components of the Public Review Draft Corridor Plan. 2.4 General Plan Workshops In addition to the community workshops focused on the Highway 111 Corridor Plan, R+A will conduct two community workshops on the General Plan once the Public Draft has been prepared and released: Workshop No. 5 - Public Review Draft General Plan Update: This workshop will present the Draft General Plan to the public. The primary intent of this workshop will be to brief the public on the highlights of the plan and receive informal feedback. This workshop be held in an Open House format to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Public Draft General Plan. Workshop No. 6 - Public Review Draft EIR: The second General Plan workshop will focus on the Draft Environmental Impact Report. The intent of this workshop will be to brief the public on the content and implications of the Draft EIR. An Open House format will be used to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Draft EIR. Task 2 Deliverables: 16 Contract No. C33240 • Technical Working Group meeting presentations, materials, and summaries for 14 meetings (note, number of in person meetings may be reduced with additional budget made available for other participation opportunities) • Up to 8 stakeholder meetings • Four Corridor Plan Workshops • Two General Plan Workshops • Public workshop agenda and approach memorandum, meeting materials, facilitation services, and workshop summaries Task 3: General Plan Back Ground Investigation During the early phases of the project, the R+A team will prepare an existing conditions report focusing on topics of critical importance to the City and the General Plan Update. The existing conditions will describe current trends and baseline data for these particular topics while exploring and analyzing key issues that impact the City and its community members. R+A will package the Background Investigation as a Technical Background Report, which will ultimately serve as the existing conditions section of the EIR. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. 3.1 Review and Assess Reports, Studies, and Regulations A critical starting point for this project will be to review and assess the recently prepared Strategic Plan, as well as other planning reports and documents, to understand the vision of the City and to identify any gaps in data collection and analysis. In addition, R+A will gather information on existing City planning, economic development, transportation, and sustainability policies to understand the current policy context. This will allow R+A to build off the considerable work that has been completed to date by the City and to ensure that both the existing conditions and the General Plan policies are consistent with the City's vision and values. 3.2 Prepare Background Report Outline The R+A team will prepare an outline of the Technical Background Report and work with City staff to refine the structure. 3.3 Admin Draft Background Report During the first phase of the project, the R+A team will develop a comprehensive Background Report to explore and document the existing conditions in Palm Desert. The report will analyze and present information about past and current conditions in the City, input collected during previous community outreach activities, and future trends in the City, County, region, and State. The report will provide a backdrop for the General Plan and serve as the existing setting section of the EIR. Each section will also include a subsection identifying the existing conditions of the Highway 111 Corridor Plan area as well, to simultaneously lay the groundwork for the Corridor Plan. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the 17 Contract No. C33240 highlights into the final Background Report. While the exact content and structure of report will be discussed with staff, we expect it to include the following information: A. Demographics and socio-economics. This chapter will present basic information about the City including the size of the City, the population characteristics (e.g., age, gender, race/ethnicity, etc.), educational attainment levels, and income. The chapter will also focus on the location of socioeconomic disparities in Palm Desert and how the City compares to other nearby/comparable communities and Riverside County as a whole. B. Land use and urban design analysis. This chapter will present an analysis of the built environment of Palm Desert and will be comprised of: 1. Land use analysis including existing land uses, general plan designations, zoning, past and future growth trends, recent and proposed development projects, and an analysis of existing planning documents. 2. General Plan effectiveness, assessing the City's progress in achieving the goals in the 2004 General Plan and considering which components of the existing framework should be preserved. 3. Urban design analysis including views, vistas, scenic resources, gateways, major geographic features, major community features, natural land form features, and open space. R+A will address how these features enhance the area and how might they be improved to provide a stronger identity for the community. 4. A mapping of the neighborhoods, districts, and corridors in the City to identify and categorize a typology of places based on the land use, urban form, and character of each area. As part of the analysis, R+A will identify undeveloped or underutilized land in the City and the growth potential using existing zoning regulations. C. Transportation and circulation. Fehr & Peers will prepare a background report summarizing existing mobility conditions, which will include an inventory of transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary of their current operation. The report will include a functional classification of City streets; an inventory of existing signalized intersections; collision statistics in the City over past five years; pertinent traffic and travel information available from the City, SCAG, CVAG, the US Census, and other sources; existing transit services and facilities; existing bicycle facilities; and existing pedestrian facilities. Additionally, because mobile source greenhouse gas emissions (GHG) make up a large portion of the City's total GHG output, innovative mobility policies will be a vital component of the General Plan Update. To ensure that the project team and City staff are made aware of the latest developments in transportation planning, Fehr & Peers will conduct a review of best practices to guide the preparation of the Mobility Element. Some potential Transportation Best Practices could include: complete streets; multi- modal level of service (MMLOS); Layered Networks; and alternative vehicular networks. Fehr & Peers will collect existing transportation data for use in this study. Fehr & Peers 18 Contract No. C33240 will use existing traffic counts from other studies but new traffic counts will likely be required. The scope and budget assume that Fehr & Peers will conduct peak period traffic, pedestrian, and bicycle counts at up to 40 signalized intersections and 24-hour machine traffic counts on up to 40 roadway segments. E. Market conditions. MR+E will prepare a market conditions assessment for Palm Desert. The chapter will lay the foundation for a plan that promotes investment, is financially feasible, and can be implemented. This will include an estimate of real estate demand potential (housing and commercial uses), economic development opportunities, and other economic trends. This task will be comprised of three steps: 1. Preparing a market demand analysis of the potential for employment, housing, and commercial development. 2. Identifying opportunities and catalyst sites and formulating public-private financing and implementation plans. 3. Working closely with the community to identify the concerns and potential benefits of new development in the City. As part of this task, the R+A Team will interview representatives of regional economic development agencies, key employers, developers, property owners, brokers, and other stakeholders to understand the competitive advantages and disadvantages for economic development in the City. The information above will be included in the Market Conditions chapter of Background Report. F. Health. R+A will prepare a Health Chapter that discusses key issues and opportunities for the relationship between community health and the built environment. The chapter will present a brief summary of the literature on the relationship between health and planning, key indicators of health and equity, and opportunities for changes that may improve health conditions, social equity, and environmental justice in the community. The health-related topics that may be covered, pending the availability of information, are overall health and wellness, physical activity levels, exposure to substantial concentrations of air pollutants, exposure to toxics and hazardous materials, access to nutritious foods and a retail food environment analysis, access to health care and health facilities, access to parks and open spaces, mental health services, and transportation safety. This information will form the basis for a "Rapid" Health Impact Assessment (HIA) of the General Plan alternatives and can be used to support other studies such as the HIA on the oil well facility. G. Climate change. R+A will prepare a chapter that summarizes existing conditions and trends for climate change, adaptation and sustainability. The chapter will summarize the GHG emission inventory for the City and highlight sectors where policy changes could produce significant GHG reductions. In addition to climate and GHG emissions, the chapter will focus more broadly on measures of sustainability including water use and conservation, solid waste reduction, green building policies, procurement practices and other measures. 19 Contract No. C33240 H. Parks and public facilities. This section will examine the amount, location, and condition of parks, recreation facilities, civic buildings, and community centers. The section will also examine the status of police and fire facilities, public safety, and service calls. I. Natural environment, resources and conservation. PMC will conduct an assessment of natural environment conditions in and around Palm Desert including natural open spaces, and natural resources. This discussion will include biological resources, geologic resources, natural hazards, and mineral resources. As part of the assessment, the team will analyze the policies encouraging the preservation and enhancement of these resources. J. Noise. This chapter will present the existing noise environment of the City. It will include a review of the history of noise-related complaints received by City staff over recent years, a survey of the City to identify noise sources and sensitive land uses, and 15- to 30-minute noise measurements from up to ten locations within the City. Once measurements are taken, Rincon will analyze traffic noise levels; develop a table of noise contour distances for major arterials, prepare a noise contour map for major noise sources, and prepare a summary of the key noise issues for the City. K. Cultural Resources. Palm Desert is part of a region that has seen human occupation for thousands of years. According to the City's Archaeological & Cultural Resources Element, 138 archaeological sites have been identified and recorded in the Palm Desert planning area, 125 of which are prehistoric (Native American) sites. The City also has a number of historic structures dating from the late 1940s and early 1950s. These are concentrated around the urban core of the City, although structures of similar vintage are likely to be found in outlying communities, such as Thousand Palms and Cahuilla Hills. For historic structures, or historic-period archaeological remains dating before 1940, the most sensitive areas within the planning area are along the Colorado River Aqueduct, between the Indio Hills and the Southern Pacific Railroad, and around the original community of Palm Village north of Highway 111. The City currently reviews development proposals for their potential impacts to archaeologically and historically significant resources and may require additional studies if the potential for damage to resources is identified. Rincon will review the existing historical, archaeological, and paleontological conditions within the City. As part of this effort, Rincon will describe the existing historical, archaeological, and paleontological setting within the City by reviewing existing City resources, the current Archaeological & Cultural Resources Element, relevant literature, previous surveys and inventories of recorded historical, archaeological, and paleontological resources, historic maps of the area, and available historic photographs and aerials views. As part of this effort, Rincon will provide recommendations for the continued identification, designation and protection of the City's cultural resources. 3.4 Traffic Model Update 20 Contract No. C33240 As part of Background Report effort, Fehr & Peers will detail the latest version of the Riverside County Model (RIVTAM) to provide additional detail within the City of Palm Desert. This model has been reviewed by CVAG Staff and is required for use in all projects in the Coachella Valley based on an MOU between CVAG Staff and Riverside County Staff. This additional detail would include more defined TAZ's and roadway networks. A Base Year (Validation) and Future Year (General Plan Buildout) model would be developed. Fehr & Peers will also coordinate with Riverside County Staff to facilitate their review and approval of the model, as required by CVAG Staff and Riverside County Staff. Prior to its use, Fehr & Peers will validate the detailed Base Year Model for RIVTAM to match available traffic count data. Fehr & Peers will apply standardized criteria for the validation process as developed by FHWA, Caltrans, and other agencies. An AM Peak Hour, PM Peak Hour, and Daily model will be developed for use in the General Plan roadway network and Environmental Impact Report analysis. Once the Base Year Model is validated, Fehr & Peers will prepare a draft report summarizing the findings of the validation for submittal to the City and Project Team. Once land use forecasts are available, Fehr & Peers will develop a Future Year Travel demand model which will be used for the General and Environmental Impact Report. 3.5 Final Background Report Following the delivery of a single, consolidated set of comments from City staff, the R+A team will prepare a final Background Report that can be released to the public. Task 3 Deliverables: • Background Report Outline • Admin Draft Background Report • Final Background Report • Detailed City of Palm Desert Traffic Model Update Task 4: General Plan Vision and Alternatives Following the review and approval of the Background Report, R+A will lead the City through an effort to confirm the long term vision, the goals for the City and to develop physical and policy alternatives that respond to the issues and trends identified during the previous task. This effort is expected to confirm the vision and direction for the majority of the City and a majority of topics and then focus on areas where further discussion is needed. For land use, this could mean focusing only on a few areas of the City while the majority of areas are "areas of preservation" where limited change is expected. 4.1 Develop Vision and Alternatives The first step in the process is to develop the citywide vision and General Plan goals. 21 Contract No. C33240 During the process, the R+A team will conduct a thorough review of recent plans, such as the Strategic Plan. Significant work has been completed and it is imperative that this excellent work be the starting point for developing the vision, goals and plan alternatives as this process will identify locations and topics where there is clear policy direction, areas where no direction exists and areas where there is conflicting policy direction. The vision will. be developed through working closely with the Technical Working Group and consideration of information received through the early Highway 111 Corridor Plan Workshops. The result of this task will be the following: • Compilation of work done to date to prepare a citywide vision and policy direction • Draft Vision statement • Citywide goals by topic • Identify key policy issues to be addressed • Identify policy alternatives to address potential key issues. These will focus on policies improve livability and walkability in the City, but will also include other topics such as economic development and public facilities and services • Land use alternatives for areas of the City where there is a potential for future change. The areas of potential change will likely include commercial corridors, the downtown, potential sites to meet RHNA housing needs, and other areas where future commercial uses may be possible • Transportation alternatives to address key policy issues such as increasing active transportation or multi-modaIP'complete" streets 4.2 Conduct Alternatives Analysis The R+A team will prepare a "matrix-level" analysis of alternatives that compares the various land use and policy alternatives, with an emphasis on climate-oriented policies. Where possible, the R+A team will use quantitative measures. The topics expected to be covered in the matrix-level analysis are land use (land use by type, housing units, population), market (jobs by type), transportation, sustainability and environment, and public health. Specifically, the alternatives analysis will include the following: • Growth projections. R+A, with assistance from other team members, will prepare forecasts of land use, population and employment changes that are expected to occur in the City during the planning horizon of the General Plan. These estimates may be based solely on growth projections from SCAG or may be based on another methodology recommended by R+A. • Economic analysis. For each land use and for key policies scenario, MR+E will build a static fiscal impact model to measure the costs and revenues for the City's General Fund. This will include the following sub-tasks: o Development of assumptions for analysis. MR+E will collect current fiscal and demographic data for Palm Desert, including the City's budget for the 22 Contract No. C33240 most recent fiscal years and additional tax and revenue information, such as sales and property tax rates. o Analysis of ongoing revenues to the City. For each land use scenario, MR+E will estimate major revenues generated, including property tax, transfer tax, vehicle license fees, and sales tax. o Analysis of ongoing costs to the City. For each land use scenario, MR+E will calculate the additional General Fund costs to provide municipal services. To assess costs, MR+E will conduct interviews with the heads of key departments (including Fire, Police, Parks, and Public Works). • Transportation analysis. Fehr & Peers will conduct a qualitative analysis of up to three land use alternatives. Alternatives may reflect different allocations of the total growth forecasts, though they will all maintain the same overall amount of change. • Noise. Rincon will also support the alternatives analysis by analyzing the future noise environment in the City with and without the project alternatives and will prepare a noise contour map for the preferred alternative. • Climate change. R+A will analyze how the alternatives perform in terms of greenhouse gas emissions to help the City understand how to best comply with the intent of AB 32 and SB 375. • Health. Using the data and indicators identified in Task 3, R+A will prepare a "Rapid" Health Impact Assessment (HIA) of various policy and physical alternatives. The analysis will primarily be a qualitative analysis stating trend/direction, magnitude, and significance, but will not necessarily calculate a numeric projection. 4.3 Create Final Land Use and Transportation Plan Based on the results of the ongoing meetings with the Technical Working Group and the Corridor Plan workshops, the R+A team will finalize the land use direction and preferred planning alternative for the City. R+A will provide the City with a memo summarizing our understanding of the preferred alternative. Task 4 Deliverables: • Alternatives that include vision, citywide goals by topic, land use and transportation alternatives, policy alternatives • Qualitative alternatives analysis • Technical memo summarizing final land use and transportation plan Task 5: General Plan The R+A Team, working closely with City staff, will develop the policy direction for the 23 Contract No. C33240 General Plan Update. 5.1 General Plan Outline and Policy Framework The first step in the process will be for R+A to develop a draft General Plan outline. This will detail the key chapters in the documents and the expected order of information. After the outline is reviewed by City staff, R+A will develop a policy framework for each chapter of the General Plan. The policy framework will identify goals, policies, and implementation measures for each topic in the General Plan. As is discussed above, the policies will be derived both from existing policy documents (including the existing General Plan) and the alternatives development process discussed in Task 4. The policy framework will be reviewed by staff and the GPAC. Creating a policy framework document will allow the community to quickly and easily understand the policy direction of the City and provide feedback to the R+A Team prior to the drafting of the General Plan. Additionally, the outline and policy framework will serve to direct a conversation with City staff and the Technical Working Group about which General Plan elements should be preserved, which should be consolidated, and which should be eliminated. Finally, as part of this task, the team will work with City staff to create a standardized structure for the chapter content and language conventions for the goals and policies. This will include a mockup of the layout and design of the General Plan. 5.2 Administrative Draft General Plan R+A will prepare an Administrative Draft General Plan for review by City staff based on the outline and policy framework developed in Task 5.1. The structure and exact content of the General Plan will be decided as the project moves forward, however the R+A team will develop a cutting-edge, character-oriented General Plan. The General Plan will include all of the topics required by State Law plus additional topics as determined during the process. R+A and several team members are continually monitoring the progress, and occasionally weighing in through workshops and individual conversations, of updating the General Plan Guidelines by the Governor's Office of Planning and Research. During this task, R+A will formally check in with OPR on the status of the guidelines to ensure the General Plan is reflective of the most recent OPR guidance. More specifically, the General Plan will cover, at minimum, the following topics: • Land use, including existing and future uses and focused policies on different areas of the community. • Urban design and community character to preserve and enhance the unique quality of Palm Desert. • Mobility and circulation including, street standards, multimodal streets and active transportation. • Economic development including tourism, expanding commercial activity and fiscal sustainability. • Public facilities and services including the need for new facilities. • Historic preservation, including cultural and archeological resources. 24 Contract No. C33240 • Climate change and adaptation, including specific measures to reduce GHG emissions and adapt to a changing climate. • Sustainability including green buildings, water conservation, energy conservation, and other topics as decided through the public process. • Public Health policies to address active transportation, healthy lifestyles, access to healthy foods, air quality, social support, and other topics of concern. • Noise, to meet State requirements and address identified noise issues in the City. • Parks, recreation, and protection other open spaces. • A detailed implementation program that will provide the necessary steps for putting the General Plan into action. It is anticipated that this section will include specific actions, responsible parties, timeframes, and funding requirements. This implementation plan will also include near-term projects which can be implemented with existing funding programs to demonstrate progress towards achieving General Plan goals and policies. 5.3 Screencheck Draft General Plan After staff has reviewed the administrative draft General Plan and provided a single set of comments, R+A will prepare a screencheck draft General Plan that includes all figures, photos, maps and graphics. R+A will deliver the screencheck draft general plan as an Adobe PDF file for ease of review and to reduce printing costs. 5.4 Public Draft General Plan R+A will provide a copy of the administrative draft of the General Plan for staff — and any others selected by staff — to review. Staff will provide R+A with one complete set of all comments, which the R+A team will incorporate and address. Task 5 Deliverables: • General Plan outline • Draft and final policy framework • Administrative Draft General Plan (including seven hard copies and one electronic copy) • Screencheck Draft General Plan (including seven hard copies and one electronic copy) • Public Draft General Plan (including seven hard copies and one electronic copy) Task 6: Highway 111 Corridor Plan During this task, the R+A team, working closely with City staff, will develop a Corridor Plan for the revitalization of the Highway 111 corridor. For the purposes of establishing an initial scope, budget, and schedule, this scope assumes that the Corridor Plan will not be a standalone document but a set of tools comprised of: a vision plan for the corridor, detailed goals and policies pertaining to Highway 111 in the General Plan, Design Guidelines for the corridor, and an amendment, addition, or overlay to the 25 Contract No. C33240 Zoning Code that will provide updated development standards for new private development. For the purposes of this scope, "Corridor Plan" will refer to this set of tools. The R+A team will work closely with the City to ensure that the approach to the Corridor Plan will remain relevant to the City's desired outcomes. As such, the final form of the Corridor Plan may be somewhat varied by mutual agreement of the City and the R+A team to ensure the final product meets the City's needs. 6.1 Framework Plan Development and Development Alternatives Based on the community input received in Workshop No. 1, and on subsequent direction from City staff and the Steering Committee, R+A will prepare one to three framework plan alternatives for defining and differentiating the several Corridor segments and characterizing the community vision for each. This will include illustrations of a range of suggested streetscape characters, development types and pedestrian and bicycle connections into the adjacent neighborhoods. This will also include alternatives in terms of "degree of change," to identify segments in which little change is envisioned and segments targeted for more significant transformation over time. The vision plan alternatives will be illustrated with a combination of diagrams, illustrative plan vignettes, illustrative cross sections, 3-D models, precedent photographs, and photo-illustrations. 6.2 Preferred Framework and Vision Plan Based on the framework plan and input received in Workshop No. 2, the R+A Team will work closely with City staff and the Steering Committee to evaluate alternative development patterns and intensities, quickly moving to a draft land use plan that assigns specific development types and intensity ranges to each sub-area or Corridor segment of the Plan. Our urban designers, economists, environmental planners, and transportation planners will collaborate at each iteration to bring to the community a recommended alternative that balances transportation modes and parking demand, and generates vital pedestrian environments throughout and surrounding the Plan Area. The preferred alternative as selected and refined by the staff and the Committee will be documented and presented to the public in Workshop No. 3 for further input. It is important that the vision accurately reflects community goals and values, as this will provide the foundation for land use, urban design, mobility, economic development, and environmental policies and programs in the Corridor Plan. The development alternatives will be informed by the economic analysis completed in Task 3.3. MR+E will prepare a memo summarizing the preferred alternative and the market potential for development. 6.3 Administrative Draft Corridor Plan Based on an agreed upon framework, the R+A Team will prepare an Administrative Draft Highway 111 Corridor Plan for staff review and comment. The Corridor Plan will remain consistent with the City's General Plan and other City policies reviewed in Task 2 and effectively implement the goals, strategies, and standards developed as part in 26 Contract No. C33240 the community engagement during Task 3. A formal outline will be finalized with the City; however, the following is a summary of tasks to be completed in developing the Admin Draft Plan: Corridor Plan Goals and Framework The R+A Team will develop a set of Highway 111 Corridor Plan goals. The R+A Team will present these goals to City staff and the Steering Committee for review and comment. R+A believes it is essential for the City, community, and R+A Team to have a firm and clear understanding of project goals prior to developing Corridor Plan policies or programs. Additionally, receiving community support for long-term goals will help avoid any problems at later stages of the Plan development, as each progressive stage is an implementing tool for the agreed upon goals. These goals and policies will ultimately be embedded in the General Plan. Land Use The R+A Team will create a land use plan that is consistent with the goals and policies of the concurrent General Plan Update. The land use plan will show allowed land uses and density/intensity for each land use type. The City and R+A Team will jointly develop a land use plan and related policies to promote compatible development within the Plan Area, which is sensitive to surrounding residential, recreational (i.e., golf courses), and hospitality uses. Design Guidelines Based on the preferred framework plan and preferred alternatives for streetscape, open space, and development types, the Team will prepare draft design standards for each. The Design Guidelines will include: • A public realm illustrative/vision plan, including a network of streets, the frontage roads, alleys, paseos, plazas and courts. • A complete streets kit of parts, including recommended cross sections with parameters for frontage roads, cross streets, alleys/lanes, paseos, plazas, courts, etc. These would be formatted as guidelines, with a combination of illustrative plans and sections, 3-D models, and precedent photographs, along with short guideline narratives and bullet points for each type. • Private development guidelines including frontage type (frontage design) recommendations, building massing recommendations (varied by area to ensure appropriate transitions to adjacent houses or any historic buildings), and basic architectural design guidelines. Mobility and Parking R+A will address transportation and parking with input from City staff and applicable 27 Contract No. C33240 circulation element goals, policies and programs. Emphasis will be placed on livability principles, complete streets, place-making, and multi-modal connections. R+A will develop circulation objectives for the corridor plan, review existing circulation patterns and conditions in the area, and identify alternative strategies for parking and access. As part of this Task the R+A Team will work to identify opportunities for greenhouse gas emissions reductions and highlight the opportunities for co-benefits of reduced auto- dependency such as public health, air, and water quality improvements. The following circulation topics will be addressed in this task: • Pedestrian and bicycle facilities and safety • Street standards • Traffic calming • Street improvements • Parking strategies • Bikeways • Transit, including transit facilities Implementation and Development Standards The R+A Team will prepare an implementation program for inclusion in the General Plan to address implementation of major public improvements recommended in the Corridor Plan together with financing mechanisms and funding sources. This task will be grounded by an implementation analysis prepared by our economist. MR+E will prepare an economic development element that will focus on highly implementable specific projects that can be undertaken to facilitate economic development on Highway 111. The plan will provide a set of recommendations on actions that can be undertaken by the city and its partner agencies to develop public private partnerships for the provision of public improvements. This will consider the use of the available tools for the provision of improvements to the public realm and opportunities for public private partnerships. General strategies to be examined include: • Mello-Roos Community Facilities Act • Public Enterprise Revenue Bonds • Impact Fees and Exactions • Special Assessment Districts • Potential use of state and federal advantaged financing tools (NMTC, ARA programs, Cal (Bank etc.) • Others as determined by research Responsibilities by agency and jurisdiction will be identified as well as actions that would be required by the private sector will be inventoried. Opportunities for partnerships, joint ventures and developer initiated improvements will also be examined. The implementation section will be composed as a specific action plan with lists of responsibilities, costs and thresholds for development as opposed to providing generalized statements of goals and objectives. 28 Contract No. C33240 Additionally, the R+A team will prepare an addition to the City's Zoning Code in order to codify the new development standards. This addition might take the form of one or two new base zones, an overlay zone, or similar zoning tool and the ultimate form will be decided in conjunction with the City once the vision for Highway 111 has been defined. 6.4 Public Review Draft Corridor Plan The R+A Team will modify the Administrative Draft as directed by City staff and prepare and publish a Public Review Draft Corridor Plan for staff and general public review and comment. Task 6 Deliverables: • Corridor Plan approach recommendation and outline • Highway 111 Vision • Admin Draft Design Guidelines, Development Standards, and Implementation Actions (seven hard copies, plus one electronic copy) • Public Review Draft Design Guidelines, Development Standards, and Implementation Actions (Seven hard copies, plus one electronic copy) Task 7: Environmental Impact Report PMC, in association with Fehr & Peers, and Rincon, will prepare a legally adequate program-level Environmental Impact Report (EIR) in compliance with CEQA and the State CEQA Guidelines for the General Plan Update. The EIR will be comprehensive and address all environmental issues with a potential to result in significant environmental impacts. The text of the EIR will be supplemented with graphics and summary tables, as appropriate, to present information in a concise and easily understood format. 7.1 Establish Thresholds of Significance PMC, Fehr & Peers, and Rincon will work with City staff to establish thresholds of significance for each environmental topic to be addressed in the Program EIR. Some topics contained in the State CEQA Guidelines Appendix G checklist may not apply to Palm Desert. While the topical areas described in Appendix G will serve as a guide for development of the City's thresholds, the issues addressed may be further defined, modified, replaced, or dismissed. 7.2 Prepare Notice of Preparation PMC will prepare a Notice of Preparation (NOP) that includes a brief project description and a summary of the probable significant effects on the environment resulting from adoption and implementation of the Palm Desert General Plan Update. As the City is anticipating preparation of a comprehensive EIR addressing all required topics under CEQA, we will not prepare an Initial Study. The NOP will describe where relevant 29 Contract No. C33240 project documents are available for review, where written comments on the scope of the EIR may be sent, and the deadline for submitting comments. The NOP will also identify the date and location of a public scoping meeting to be held for the project. The NOP will be circulated for public comment for 30 days, as required under CEQA. As part of the NOP release, we will assist the City in preparing the necessary correspondence requesting Native American consultation required by SIB 18. 7.3 Conduct Scoping Meeting The R+A Team will facilitate a scoping meeting during the NOP comment period. To promote attendance by both agencies and the general public, we recommend staging the meetings as one roundtable presentation in the mid-afternoon (primarily for agency staff), followed by a study session or agenda item designed for the general public before the Planning Commission on the same evening. R+A will prepare comment cards and a PowerPoint presentation for the scoping meeting and will present an overview of the environmental review process for the project. 7.4 Prepare Administrative Draft Program EIR PMC, in association with other team members, will prepare an administrative Draft Program EIR evaluating the potentially significant impacts that would result from implementing the Palm Desert General Plan Update. The EIR will contain all of the information and topics outlined in Sections 15120 to 15132 of the State CEQA Guidelines, and will be comprised of the following sections. Executive Summary The Executive Summary will clearly summarize the main findings of the EIR. It will include a summary table that summarizes the impacts, the significance of each impact before mitigation, any recommended mitigation measures (if required), and the significance of each impact after mitigation. The Executive Summary will also summarize areas of controversy, alternatives, and any significant and unavoidable impacts. Introduction The introduction will describe the organization, type, and use of the EIR; the environmental review process; the focus of the EIR analysis; other documents used to prepare the EIR; lead and responsible agencies; and opportunities for public comment. Project Description The project description will be based on the contents of the Palm Desert General Plan Update and will include the regional and local setting, project history, project objectives, project characteristics and components, phasing and implementation, and other information important to understanding the proposed project. It will also describe how the Program EIR can be used to streamline environmental review for later activities 30 Contract No. C33240 consistent with the Palm Desert General Plan Update. Below is an outline of the anticipated review process: • Determine whether the later project is consistent with or further implements the Palm Desert General Plan Update This evaluation would include later projects consistent with SCAG's Sustainable Communities Strategy (CEQA Guidelines Sections 15168, 15183, and 15183.5, SB 375, and SB 226). • Evaluate whether the later project would have environmental effects that are unique or peculiar to the project or parcel or would result in impacts not previously considered in the Program EIR. The later project's anticipated environmental effects would be compared against conclusions of the Program EIR. This would be done using a customized checklist similar to CEQA Guidelines Appendix G, provided as an appendix to the EIR (CEQA Guidelines Sections 15152 and 15183). • Determine and document whether the later project is covered by the Program EIR or determine the extent of environmental review for the later project. This would either identify that the Program EIR addresses the later project and no further environmental review is required, or would focus the environmental analysis for the later project to issues not addressed by the Program EIR. Setting, Impacts and Mitigation Measures PMC will describe the existing setting, and will identify impacts that would result from implementation of the Palm Desert General Plan Update, the level of impact significance, mitigation measures to reduce the impact to a less than significant level, residual impacts, and any unavoidable significant impacts. Because we propose that the Palm Desert General Plan Update be self-mitigating to the extent possible, mitigation and monitoring measures should become part of the Plan's implementation program. The EIR will also describe the regulatory framework for each topic area, and identify portions of the Palm Desert Municipal Code that can mitigate potential impacts. A comprehensive EIR addressing all topic areas specified within CEQA is proposed and, unless specific topics are excluded through the Scoping process. The topics are: • Aesthetics • Agriculture • Air quality • Biological resources • Cultural resources • Geology/soils • Hazards and hazardous materials • Hydrology/water quality • Land use/planning • Mineral resources 31 Contract No. C33240 • Noise • Population/housing • Public services • Recreation • Transportation/traffic • Utilities/service systems Certain sections of the EIR will require a high level of effort and significant technical analysis. These sections are listed and described below. Air Quality Rincon will prepare a CEQA-level Air Quality technical study, which will be documented in the EIR. The study will include a description of the project undertaking, the air quality regulatory and environmental setting, description of the methodology, analysis of potential impacts, and mitigation measures to avoid, reduce, or mitigate potential impacts to air quality, if necessary. The following steps will be undertaken to complete the study pursuant to guidance provided by the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook and Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning (General Plan Guidance). The Air Quality technical study will include a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. Rincon will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations in the area provide a summary of available ambient monitoring data. Rincon will also define the thresholds of significance for CEQA consideration, based on SCAQMD and City criteria and guidelines. The General Plan does not include any specific development proposals. Therefore, the analysis of temporary construction impacts will be qualitative in nature. SCAQMD thresholds for key pollutants of concern - volatile organic compounds (VOCs), nitrogen oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), respirable particulate matter (PM10), and fine particulate matter (PM2.5) — will be discussed, as will SCAQMD rules and regulations pertaining to control of construction-related emissions. The general type and size of project that may generate emissions exceeding SCAQMD thresholds will be identified, as will areas where potential future construction activity could adversely affect sensitive receivers. Rincon will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project-generated vehicle trips and stationary source emissions related to energy demand (i.e., natural gas consumption). This emission inventory will be compiled using CalEEMod and will be performed for the General Plan forecast year. Emissions will be compared to SCAQMD regional forecasts to determine whether the General Plan may have the potential to delay attainment of 32 Contract No. C33240 state or federal air quality standards. Rincon will also identify the potential for CO hot spots that may be caused or exacerbated by implementation of the General Plan as well as areas where sensitive land uses (such as residences) may be located within areas subject to exposure to elevated levels of diesel particulates or other toxic air contaminants. The analysis will consider motor vehicle volumes provided in the traffic study and the proximity of proposed sensitive land uses to high traffic levels. We have assumed that the CO hot spot evaluation will include screening level analysis of up to five local intersections. Cultural Resources Rincon will provide historic preservation, archaeological, and paleontological analysis for the Draft EIR, which will reflect the scope of issues arising from proposed General Plan update and offer strategic advice in relation to key historic preservation issues. Rincon will analyze the potential impacts of development facilitated by the General Plan against the CEQA significance thresholds for cultural resources and consider whether General Plan development may conflict with applicable goals, policies, or programs of the Archaeological & Cultural Resources Element. If deemed necessary, Rincon's cultural resources experts will provide mitigation recommendations to reduce potential impacts. Rincon will also provide recommendations for any specific research/assessments/studies regarding potential historic resources. Archaeological documentary research will include a review of relevant published scholarly literature, a search of archaeological and historic maps, records and reports for the City of Palm Desert area in the California Historical Resources Information System (CHRIS) on file at the Eastern Information Center, and a search of the California Native American Heritage Commission's (NAHC's) Sacred Land Inventory. Additionally, Rincon will consult with Historical Society of Palm Desert regarding any archaeological and Native American collections which the society may curate. Rincon will consult with appropriate Cahuilla and other Native American traditional cultural practitioners identified by the NAHC to identify places of cultural importance to tribes for which the City of Palm Desert is part of their traditional aboriginal territories. Consulted Native American representatives will be invited to identify any concerns regarding the General Plan update and cultural resources. Historical resources documentary research will include a review of relevant literature, including previous survey reports, inventories, assessments and reports available for the area through the CHRIS SCCIC as well as the City of Palm Desert and the Historical Society of Palm Desert. Records to be consulted may include but may not be limited to the recent citywide survey (2011) as well as the museum and archives maintained by the Historical Society of Palm Desert, relevant City documents (municipal codes, regulations, planning reports); historical materials (period newspaper articles, photographs, maps), and published local histories. 33 Contract No. C33240 Energy Use and Greenhouse Gas Emissions With regard to energy conservation, PMC staff will build off their previous work on the Energy Action Plan and work with the California Energy Commission (CEC) and service providers where possible to identify energy use data to characterize the existing and future energy use. Greenhouse Gas Emissions Energy demands associated with the proposed General Plan Update will be identified and analyzed against projected regional energy availability. The analysis will also determine whether the General Plan Update would cause energy to be consumed in an inefficient manner. PMC will prepare a greenhouse gas (GHG) emissions impact analysis section. We will draw heavily on GHG reduction measures and analysis completed as part of the General Plan Update. We will summarize federal, state, and local GHG-related regulations, policies, and programs, and identify Palm Desert General Plan Update policies and implementation programs that can reduce GHG emissions. In coordination with City staff, PMC will consult with the SCAQMD regarding appropriate methodologies to assess impacts. The analysis will use the most current plan-level thresholds of significance considered or identified by the SCAQMD. The determination of significance will be based on whether the level of GHG emissions generated with implementation of the Palm Desert General Plan Update would constitute a substantial contribution to the significant adverse cumulative impacts of global climate change. If the construction or operation of projects consistent with the Palm Desert General Plan Update would violate the applicable thresholds of significance, mitigation measures (quantitative and best management practices) that clearly identify timing, responsibility, and performance standards to avoid or fully reduce adverse and potentially adverse effects will be developed and applied, where necessary, using guidance from CAPCOA and SCAQMD. To the extent practical, PMC will recommend incorporating these measures as Palm Desert General Plan Update policies or implementation programs. Noise Rincon will prepare the Noise section of the EIR based on the technical noise study, which will: establish standards of significance, policies and guidelines; describe the existing setting; and analyze potential noise and vibration impacts related to construction activities, surface transportation, and other aspects of the operation of individual projects that are noise intensive or that have the potential to generate substantial noise. Potential noise increases along major roadways will be calculated and forecast noise levels will be compared to proposed standards to determine whether or not General Plan implementation would create potential noise compatibility issues. Other areas of potential noise incompatibilities (e.g., areas where residential and industrial uses abut, mixed use districts) will also be identified. As necessary, Rincon will develop mitigation measures to address any compatibility impacts, focusing on solutions related to design and use of sound-attenuating building materials. 34 Contract No. C33240 Transportation and Traffic PMC will prepare the Transportation and Traffic section of the EIR based on a technical report completed by Fehr & Peers. Fehr & Peers will summarize the previously developed existing conditions analysis for inclusion in the transportation impact study. Using the Citywide Travel Demand Model developed in Task 3, Fehr & Peers will estimate local and regional growth in transportation demand, based on future land use forecasts and known regional transportation network changes. Future land use estimates for the City of Palm Desert will be vetted with the project team and City staff prior to running the model to forecast future conditions. Future roadway traffic volumes and SOS will be estimated using the verified land use forecasts and General Plan transportation network. Transportation impacts associated with the General Plan will be evaluated in accordance with the standards identified in Phase 1. Mitigation measures will be identified to address impacts associated with the general plan. Fehr & Peers will also support the project team in its development and quantification of General Plan sustainability strategies through the following: • Assisting with the development of any GHG reduction targets. • Calculating the effectiveness of national and statewide strategies related to transportation. • Developing VMT and GHG reduction strategies related to transportation. Fehr + Peers will then prepare a draft report for review and submittal. Water Supply With regard to water supply, PMC will use existing documentation on water supply planning for the City to address future water supply demands and the anticipated ability to provide service (i.e., 2010 Urban Water Management Plan). This will include a discussion and analysis of the possible water supply sources and associated infrastructure, competing interests and needs for water supply, and the associated environmental effects of water supply provision (consistent with State Supreme Court CEQA decision under Vineyards Area Citizens for Responsible Growth v. City of Rancho Cordova). Cumulative Impact Summary An EIR must also discuss cumulative impacts of a project pursuant to CEQA Guidelines Section 15130. PMC will prepare a cumulative analysis summary that addresses each topic covered in the environmental analysis and will identify appropriate mitigation measures for any significant impacts. The analysis will assess the cumulative impacts of implementing the Palm Desert General Plan Update relative to SCAG regional forecasts. 35 Contract No. C33240 Alternatives An EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. PMC will coordinate with City staff during preparation of the Palm Desert General Plan Update to develop and analyze up to three (3) alternatives to the proposed project, in addition to the no project alternative. Other CEQA Requirements The EIR will include other required sections, including growth-inducing impacts of the project, significant irreversible environmental effects, and a summary of significant and unavoidable impacts of the project. The growth inducement analysis will discuss ways in which the Palm Desert General Plan Update could indirectly or directly foster economic or population growth. This could include construction of additional housing or projects which would remove obstacles to population growth. Environmental Review Checklist for Subsequent Projects While not required under CEQA, PMC will include an environmental review checklist that could be adopted as part of the Palm Desert General Plan Update which would expand the City's use of the State CEQA Guidelines Appendix G checklist for future projects consistent with the Palm Desert General Plan Update by using the thresholds and mitigation identified in the EIR. The purpose of this checklist will be to identify when subsequent projects are fully or partially addressed in the environmental analysis in the Program EIR and to what extent further environmental review would be required. This checklist will be designed with items specific to Palm Desert and would utilize and cross-reference analyses in the EIR. PMC will provide the administrative draft EIR to the City for review and comment. One round of administrative draft review is anticipated. 7.5 Prepare public draft EIR PMC will incorporate one round of consolidated City comments on the Administrative Draft EIR and submit a Screencheck Draft EIR, followed by a Public Draft EIR and Notice of Availability to the City for distribution for a 45-day public comment period. PMC will file 15 copies of the Executive Summary and 15 CDs of the entire document (as preferred by the State Clearinghouse) and an NOC with the State Clearinghouse. The City will distribute the EIR to interested stakeholders and/or publish the Notice of Availability in a newspaper of general circulation. 7.6 Response to Comments and Final EIR PMC will review the comments received during the public review period on the Draft EIR. We will compile the responses to comments and make necessary changes to the Draft EIR to create the Administrative Final EIR. The Administrative Final EIR will include an introductory chapter, enumerated comment letters and public hearing 36 Contract No. C33240 comments on the Draft EIR, responses to all comments on the Draft EIR, and a listing of revisions to the Draft EIR. The Draft EIR will not be reprinted as part of the Final EIR. Any revisions to the text or analysis of the Draft EIR would be noted by Draft EIR page location within the Final EIR. PMC has provided a reasonable estimate of the level of effort required to prepare responses to comments based on our experience with similar projects. PMC will respond to comments related to the potential physical impacts of the proposed project as they relate to the analysis of the EIR within the estimated level of effort. Responses will involve explanation and clarification of the contents of the Draft EIR. New technical analysis will not be conducted as part of the response to comments. If the EIR proposes formal mitigation measures that are not otherwise addressed by Palm Desert General Plan Update policies or implementation programs, PMC will prepare a draft mitigation monitoring and reporting program (MMRP). The monitoring plan will incorporate features to monitor the success of mitigation, determine responsible parties for monitoring proposed mitigation, describe the role of the project proponent, identify guidelines and specifications for conducting monitoring and reporting results, and specify enforcement procedure for noncompliance. Upon receiving comments on the Administrative Final EIR and MMRP, PMC will revise the documents and prepare the Final EIR for distribution. The City will prepare the Findings and Statement of Overriding Considerations, if necessary. If requested by the City, PMC can prepare the Findings and Statement of Overriding Considerations on an additional time-and-materials basis. Task 7 Deliverables: • Screencheck Draft NOP (electronic) and Public Draft NOP (electronic), NOC, NOA, newspaper notice, and correspondence initiating SIB 18 consultation. • One (1) scoping meeting, split into two (2) presentations, as described above, PowerPoint presentation, comment cards • Administrative Draft EIR (three hard copies, plus one electronic) • Screencheck Draft EIR (three hard copies, plus one electronic), Draft EIR (15 State Clearinghouse submittals + electronic), one public meeting, Notice of Availability (electronic), NOC for delivery to the State Clearinghouse (electronic) • Administrative Final EIR (3 copies + electronic), draft Mitigation Monitoring and Reporting Program MM RP)(electronic), Final EIR (10 copies + electronic) Task 8: Public Review and Adoption Following the completion of the draft documents, the team will move the documents through public review and adoption process. The specific tasks are discussed below. 8.1 Planning Commission Hearings 37 Contract No. C33240 R+A will prepare for and attend up to two Planning Commission hearings on the final General Plan, Corridor Plan, and EIR. 8.2 City Council Hearings R+A will prepare for and attend up to two certification and adoption hearings on the final General Plan, Corridor Plan, and EIR with the City Council. 8.3 Preparation of Final Documents Following certification and adoption of the Palm Desert General Plan, Highway 111 Corridor Plan, and EIR, R+A will complete minor graphic and/or textual revisions to the General Plan within state law and the stated budget, at the discretion of the City. Task 8 Deliverables: • Attendance at up to 2 Planning Commission hearings • Attendance at up to 2 City Council hearings • Preparation of a single, brief (20 slide; 20 minute) presentation for use at both the City Council and Planning Commission Hearings • Preparation of the Final General Plan, Corridor Plan, and EIR (Note the level of changes are limited to the hours listed in the project budget) Task 9: On-Going Project Management R+A will serve as the Project Manager and Prime Consultant for this project. As such, R+A will work closely with City staff, manage all subconsultants, maintain the project schedule, and track project costs. R+A will communicate regularly with staff., including monthly three-hour team meetings at the City's offices, monthly (or more frequent if necessary) conference calls, and email and phone communication as needed throughout the project. In addition to regularly scheduled project management meetings, R+A will organize a series of team meetings where consultants can meet with City staff throughout the project. These meetings will be an opportunity for the team to brainstorm and work together on critical project issues. Note that the number of meetings and conference calls attended by each sub-consultant varies depending on their level of involvement in the project. Task 9 Deliverables • Monthly in-person meetings with City staff • Monthly conference calls with City staff • Ongoing email and phone communication with City staff • Topic-specific team meetings as needed, subject to budget 38 Contract No. C33240 EXHIBIT "B" SCHEDULE OF SERVICES Task Completion Date Task 1: Project Initiation 1.1 Project Initiation Meeting June 13, 2014 1.2 Collect Information and Develop GIS Database June 13, 2014 1.3 Kick-Off Team Meeting/Tour June 27, 2014 Task 2: Community Engagement 2.1 Technical Working Group July 31, 2015 2.2 Stakeholder Interviews June 27, 2014 2.3 Highway 111 Corridor Plan Workshops January 30, 2015 2.4 Draft General Plan Public Workshops July 31, 2015 Task 3: Background Report 3.1. Review and Assess Reports, Studies, and Regulations July 14, 2014 3.2 Prepare Background Report Outline July 15, 2014 3.3 Admin Draft Background Report July 31, 2015 City Review of Background Report August 21, 2014 3.4 Traffic Model Update August 14, 2014 3.5 Final Background Report September 19, 2014 Task 4: General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives October 17, 2014 City Review of Vision and Alternatives October 31, 2014 4.2 Conduct Alternatives Analysis November 21, 2014 City Review of Alternatives Analysis December 12, 2014 4.3 Create Final Land Use and Transportation Plan January 9, 2015 Task 5: General Plan 5.1 General Plan Outline and Policy Framework Januar 23 2015 City Review of General Plan Outline and Policy Framework January 30, 2015 5.2 Administrative Draft General Plan Aril 17, 2014 City Review of Administrative Draft General Plan Wyk015 opt need w ore 5.3 Screencheck Draft General Plan May 29, 2015 City Review of Screencheck Draft General Plan June X2015 fihe -e. 5 I S n�rnb�5 on lE)M;Vt5 6 and are Contract No. C33240 411 5.4 Public Draft General Plan I , 015 Task 6: Highway 111 Corridor Plan 6.1 Framework Plan of Development and Alternatives November 7, 2014 City Review of Framework Plan and Alternatives November 14, 2014 6.2 Preferred Framework and Vision Plan January 9, 2015 City Review of Preferred Framework and Vision Plan January 23, 2015 6.3 Administrative Draft Corridor Plan March 13, 2015 City Review of Administrative Draft Corridor Plan Aril 3, 2015 6. is Review Draft Corridor Plan July 3, 2015 As-,tAnvironmental Impact Report 7.1 Establish Thresholds of Significance December 19, 2014 7.2 Prepare Notice of Preparation January 9, 2015 30-Day Public Review Period February 9, 2015 7.3 Conduct Scoping Meeting January 23, 2015 7.4 Prepare Administrative Draft Program EIR June 19, 2015 City Review of Administrative Draft Program EIR July 10, 2015 7.5 Prepare Public Draft EIR August 21, 2015 45-Day Public Review Period October 9, 2015 7.6 Response to Comments and Final EIR November 13, 2015 City Review of Response to Comments and Final EIR December 4, 2015 7.7 Completion of Responses to Comments and Final EIR December 30, 2015 Task 8: Public Review and Adoption 8.1 Planning Commission Hearings January 19, 2016 8.2 City Council Hearings February 25, 2016 8.3 Preparation of Final General Plan March 25, 2016 L15 Contract No. C33240 EXHIBIT "C" COMPENSATION Labor Cost Compensation Summary Per Task Tasks Task 1: Project Initiation $ 19,790 Task 2: Community Engagement $ 61,480 Task 3: General Plan Background Report $ 161,530 Task 4: General Plan Vision and Alternatives $ 64,280 Task 5: General Plan $ 143,660 Task 6: Highway 111 Corridor Plan $ 95,740 Task 7: Environmental Impact Report $ 162,240 Task 8: Public Review and Adoption $ 29,360 Task 9: On-Going Project Management $ 24,120 General: Management of Subconsultants $20,220 Expenses (line item —to be billed as percentage complete, not as reimbursables) $ 17,283 Grand Total $799,703 55 e t6 Contract No. C33240 EXHIBIT "C" (CONTINUED) FIRM SUMMARIES Raimi+Associates Public Senior Health Planner/ Project Hours per Task Principal Planner Specialist Designer Assistant Task 1:Project Initiation 1.1 Project Initiation Meeting 2 8 1.2 Collect Information&Develop GIS Database 16 20 1.3 Kick-Off Team Meeting/Tour 8 8 Subtotal Task 1 10 16 16 20 Task 2:Community Engagement 2.1 Technical Working Group 8 60 40 28 2.2 Stakeholder Interviews 12 8 2-3 Highway 111 Corridor Plan Workshops 8 24 24 2.4 Draft General Plan Public Workshops 24 24 20 Subtotal Task 2 16 120 96 48 Task 3:General Plan Background Report 3.1.Review and Assess Reports,Studies,and Reg 24 4 20 24 3.2 Prepare Background Report Outline 8 2 3.3 Admin Draft Background Report 8 40 20 60 36 3.4 Traffic Model Update 3.S Final Background Report 2 4 16 16 Subtotal Task 3 10 76 24 96 78 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives 4 24 4 24 4.2 Conduct Alternatives Analysis 4 16 12 36 8 4.3 Create Final Land Use and Transportation Pla 4 40 - 40 8 Subtotal Task 4 12 80 16 100 16 Task S:General Plan S.1 General Plan Outline and Policy Framework 24 4 16 S.2 Administrative Draft General Plan 4 80 24 100 24 S.3 Screencheck Draft General Plan 4 40 40 68 36 S.4 Public Draft General Plan 2 16 48 48 18 Subtotal Task 5 10 160 116 232 78 Task 6:Highway 111 Corridor Plan 6.1 Framework Plan Development and Alternatives 16 6.2 Preferred Framework and Vision Plan 24 16 6.3 Administrative Draft Corridor Plan 16 8 12 6.4 Public Review Draft Corridor Plan 4 4 Subtotal Task 6 - 60 28 12 Task 7:Environmental Impact Report 7.1 Establish Thresholds of Significance 4 7.2 Prepare Notice of Preparation 2 7.3 Conduct Scoping Meeting 4 7.4 Prepare Administrative Draft Program EIR 16 7-5 Prepare Public Draft EIR 4 7.6 Response to Comments and Final EIR 8 Subtotal Task 7 38 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings 16 8.2 City Council Hearings 16 8.3 Preparation of Final General Plan 16 24 16 Subtotal Task 8 - 48 - 24 16 Task 9:On-Going Project Management 9.1 On-Going Project Management 24 96 Subtotal Task 9 24 96 Total Hours 82 694 156 592 268 Billing Rate $185 $150 $125 $100 $65 Labor Cost $15,170-$104,100 $19,500 $59,200 $17,420 Total Firm Labor Cost $215,390 EXPENSES Mileage and Travel Expenses 3,000 Project/Sub Management(5%) 20,220 Document Printing 1,000 Office Expenses(Phone,Fax,Copies,etc.) 5,385 TotalExpenses 29,605 TOTAL PER FIRM $244,995 15 Contract No. C33240 EXHIBIT nCn (CONTINUED) FIRM SUMMARIES Sargent Town Planning Senior Designer/ Designer/ Hours per Task Principal Planner Illustrator Task 1:Project Initiation 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick-Off Team Meeting/Tour 8 8 8 Subtotal Task 1 8 8 8 Task 2:Community Engagement 2.1 Technical Working Group 8 8 2.2 Stakeholder Interviews 8 8 2.3 Highway 111 Corridor Plan Workshops 40 40 2.4 Draft General Plan Public Workshops Subtotal Task 2 56 56 - Task 3:General Plan Background Report 3.1.Review and Assess Reports,Studies,and Regul. 4 12 3.2 Prepare Background Report Outline 1 2 3.3 Admin Draft Background Report 12 20 40 3.4 Traffic Model Update 3.5 Final Background Report 2 4 8 Subtotal Task 3 19 38 48 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives 16 16 40 4.2 Conduct Alternatives Analysis 4 8 4.3 Create Final Land Use and Transportation Plan 2 4 16 Subtotal Task 4 22 20 64 Task 5:General Plan 5.1 General Plan Outline and Policy Framework 5.2 Administrative Draft General Plan 12 20 60 5.3 Screencheck Draft General Plan 5.4 Public Draft General Plan Subtotal Task 5 12 20 60 Task 6:Highway 111 Corridor Plan 6.1 Framework Plan Development and Alternatives 16 32 40 6.2 Preferred Framework and Vision Plan 32 48 80 6.3 Administrative Draft Corridor Plan 32 80 80 6.4 Public Review Draft Corridor Plan 16 40 24 Subtotal Task 6 96 200 224 Task 7:Environmental Impact Report 7.1 Establish Thresholds of Significance 7.2 Prepare Notice of Preparation 4 7.3 Conduct Scoping Meeting 7.4 Prepare Administrative Draft Program EIR 4 8 7.5 Prepare Public Draft EIR 7.6 Response to Comments and Final EIR Subtotal Task 7 4 12 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings 8 8 8.2 City Council Hearings 8 8 8.3 Preparation of Final General Plan Subtotal Task 8 16 16 Task 9:On-Going Project Management 9.1 On-Going Project Management Subtotal Task 9 - - Total Hours 233 370 404 Billing Rate $180 $150 $120 Labor Cost $41,940 $55,500 $48,480 Total Firm Labor Cast $145,920 EXPENSES Mileage and Travel Expenses 750 Project/Sub Management(5%) - Document Printing - Office Expenses(Phone,Fax,Copies,etc.) 3,648 Total Expenses 4,398 TOTAL PER FIRM $150,318 15 Contract No. C33240 EXHIBIT nC" (CONTINUED) FIRM SUMMARIES PMC Project Principal Senior Associate Assistant Tech Hours per Task Manager Planner Planner Planner Planner Edit/WP Task 1:Project Initiation 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick-Off Team Meeting/Tour 8 Subtotal Task 1 8 Task 2:Community Engagement 2.1 Technical Working Group 8 2.2 Stakeholder Interviews 2.3 Highway 111 Corridor Plan Workshops 2.4 Draft General Plan Public Workshops 1 8 Subtotal Task 2 16 Task 3:General Plan Background Report 3.1.Review and Assess Reports,Studies,and Regul, 4 8 8 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 8 32 32 3.4 Traffic Model Update 3.5 Final Background Report 2 4 8 Subtotal Task 3 14 44 48 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives 4.2 Conduct Alternatives Analysis 8 8 4.3 Create Final Land Use and Transportation Plan Subtotal Task 4 8 8 Task 5:General Plan 5.1 General Plan Outline and Policy Framework 24 4 16 40 5.2 Administrative Draft General Plan 8 2 8 16 5.3 Screencheck Draft General Plan 4 2 8 5.4 Public Draft General Plan 8 8 Subtotal Task 5 44 16 24 64 Task 6:Highway 111 Corridor Plan 6.1 Framework Plan Development and Alternatives 6.2 Preferred Framework and Vision Plan 6.3 Administrative Draft Corridor Plan 6.4 Public Review Draft Corridor Plan Subtotal Task 6 Task 7:Environmental Impact Report 7.1 Establish Thresholds of Significance 2 4 2 7.2 Prepare Notice of Preparation 4 4 6 2 7.3 Conduct Scoping Meeting 12 2 7.4 Prepare Administrative Draft Program EIR 80 40 120 150 36 7.5 Prepare Public Draft EIR 42 20 80 100 12 7.6 Response to Comments and Final EIR 48 20 40 20 8 Subtotal Task 7 188 84 244 276 62 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings 8 8.2 City Council Hearings 8 8.3 Preparation of Final General Plan Subtotal Task 8 16 Task 9:On-Going Project Management 9.1 On-Going Project Management 32 Subtotal Task 9 32 Total Hours 326 84 16 320 388 62 Billing Rate $165 $195 $130 $110 $90 $75 Labor Cost $53,790 $16,380 $2,080 $35,200 $34,920 $4,650 Total Firm Labor Cost $147,020 EXPENSES Mileage and Travel Expenses 1,000 Project/Sub Management(5%) - Document Printing 1,500 Office Expense Phone,Fax,Copies,etc. 1,000 Total Ex enses 3,500 TOTAL PER FIRM $150,520 15 Contract No. C33240 EXHIBIT °C° (CONTINUED) FIRM SUMMARIES Fehr+Peers MR+E Senior Planner/ Graphics/ Hours per Task Principal Planner Engineer Admin. Principal Task 1:Project Initiation 1.1 Project Initiation Meeting 4 4 1.2 Collect Information&Develop GIS Database 4 16 1.3 Kick-Off Team Meeting/Tour 4 8 8 Subtotal Task 1 8 12 16 12 Task 2:Community Engagement 2.1 Technical Working Group 2.2 Stakeholder Interviews 8 2.3 Highway 111 Corridor Plan Workshops 4 4 8 2.4 Draft General Plan Public Workshops 1 4 4 4 Subtotal Task 2 8 8 20 Task 3:General Plan Background Report 3.1.Review and Assess Reports,Studies,and Regulations 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 8 16 16 4 40 3.4 Traffic Model Update 48 160 290 80 3.5 Final Background Report 2 Subtotal Task 3 56 176 296 84 42 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives 4 4 2 4.2 Conduct Alternatives Analysis 8 16 2 40 4.3 Create Final Land Use and Transportation Plan 16 16 4 Subtotal Task 4 28 36 - 8 40 Task 5:General Plan 5.1 General Plan Outline and Policy Framework 5.2 Administrative Draft General Plan 16 32 60 24 16 5.3 Screencheck Draft General Plan 8 16 24 8 5.4 Public Draft General Plan 8 16 24 16 Subtotal Task S 32 64 108 48 16 Task 6:Highway 111 Corridor Plan 6.1 Framework Plan Development and Alternatives 4 6.2 Preferred Framework and Vision Plan 8 6.3 Administrative Draft Corridor Plan 12 20 6.4 Public Review Draft Corridor Plan Subtotal Task 6 24 20 Task 7:Environmental Impact Report 7.1 Establish Thresholds of Significance 4 8 7.2 Prepare Notice of Preparation 7.3 Conduct Scoping Meeting 7.4 Prepare Administrative Draft Program EIR 24 64 120 24 7.5 Prepare Public Draft EIR 8 16 7.6 Response to Comments and Final EIR Subtotal Task 7 36 88 120 24 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings 16 8.2 City Council Hearings 16 8.3 Preparation of Final General Plan 16 Subtotal Task 8 48 Task 9:On-Going Project Management 9.1 On-Going Project Management Subtotal Task 9 Total Hours 240 384 524 180 150 Billing Rate $225 $160 $135 $115 $180 Labor Cost $54,000 $61,440 $70,740 $20,700 $27,000 Total Firm labor Cost $206,880 $27,000 EXPENSES Mileage and Travel Expenses - $0 Project/Sub Management(5%) - Document Printing Office Expenses(Phone,Fax,Copies,etc. Total Expenses TOTAL PER FIRM $206,880 $27,000 15 Contract No. C33240 EXHIBIT "Crr (CONTINUED) FIRM SUMMARIES Rincon Consulting Sr. Hours per Task Principal Associate Associate Graphics Task 1:Project Initiation 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick-Off Team Meeting/Tour Subtotal Task 1 Task 2:Community Engagement 2.1 Technical Working Group 2.2 Stakeholder Interviews 2.3 Highway 111 Corridor Plan Workshops 2.4 Draft General Plan Public Workshops Subtotal Task 2 Task 3:General Plan Background Report 3.1.Review and Assess Reports,Studies,and Regulations 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 4 12 32 4 3.4 Traffic Model Update 3.5 Final Background Report Subtotal Task 3 4 12 32 4 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives 4.2 Conduct Alternatives Analysis 4.3 Create Final Land Use and Transportation Plan Subtotal Task 4 Task 5:General Plan 5.1 General Plan Outline and Policy Framework 5.2 Administrative Draft General Plan 4 10 20 2 5.3 Screencheck Draft General Plan 5.4 Public Draft General Plan Subtotal Task 5 4 10 20 2 Task 6:Highway 111 Corridor Plan 6.1 Framework Plan Development and Alternatives 6.2 Preferred Framework and Vision Plan 6.3 Administrative Draft Corridor Plan 6.4 Public Review Draft Corridor Plan Subtotal Task 6 Task 7:Environmental Impact Report 7.1 Establish Thresholds of Significance 7.2 Prepare Notice of Preparation 7.3 Conduct Scoping Meeting 7.4 Prepare Administrative Draft Program EIR 4 8 36 4 7.5 Prepare Public Draft EIR 2 2 6 7-6 Response to Comments and Final FIR 2 4 6 Subtotal Task 7 8 14 48 4 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings 8.2 City Council Hearings 8.3 Preparation of Final General Plan Subtotal Task 8 Task 9:On-Going Project Management 9.1 On-Going Project Management Subtotal Task 9 Total Hours 16 36 100 10 Billing Rate $180 $135 $115 $75 Labor Cost $2,980 $4,860 511,500 $750 Total Firm Labor Cost $19,990 EXPENSES Mileage and Travel Expenses _ Project/Sub Management(5%) Document Printing Office Expenses Phone,Fax,Copies,etc. Total Expenses - TOTAL PER FIRM $19,990 15 Contract No. C33240 EXHIBIT"C" (CONTINUED) HOURLY BILLING RATES a� o Principal $185 Q Senior Planner $150 + Public Health Specialist $125 (Z Planner/Designer $100 CL Project Assistant $65 Principal $180 o Senior Designer/Planner $150 n Designer/Illustrator $120 Project Manager $165 Principal Planner $195 U Senior Planner/Facilitator $130 a- Assistant Planner $110 Assistant Planner $90 Web Developer/Graphics $95 Tech Edit/WP $75 Principal $225 a� Senior Planner $160 Planner/ Engineer $135 Li Graphics/ Admin. $115 w CC Principal $180 0) Principal $180 Sr.Associate $135 o Associate $115 U Graphics $75 Ll 5) CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT N CONTRACT NO. C33240 1. Parties and Date. This Agreement is made and entered into this 25th day of April, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Raimi + Associates. Inc. ("Consultant'), a California corporation, 3600—Lme Street, uite 226, Riverside, ern -;; 9250:72000 Hearst Avenue, Suite 306, Berkeley, CA 94709. City and Consultant are sometimes individually referred to herein as"Party"and collectively as "Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional planning services for the update of the City of Palm Desert Comprehensive Plan and preparation of the associated Environmental Impact Report, Contract No. C33240, ("Project') as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the_,_- comment[Al]:changes are acceptable to City all labor, materials, tools, equipment, services, and incidental and customary work the city. J necess o u nd adequately supply the professional planning services required here' nec f r the Project ("Services") and consistent with the level of effort identi ie Wilt "C". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Consultant shall exercise due professional care to provide that Aall Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Contract No. C33240 3.1.2 Term. The term of this Agreement shall be from April 26May 25, 2014 to Ale�May-25, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, Comment[A2]:Changes are acceptable to within the term of this Agreement, and in accordance with the Schedule of Services set the city. forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Comment[A3]:This is a project management III net ho , 'hl F er delays It t� item that could result in significant time on our beVG d Go 6u caP is o part.Its too open ended. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant - Comment[A4]:Changes are acceptable to_ shall be subject to the approval of City which shall not be unreasonably withheld. the city. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement fGF Ga6i6e. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or 2 Contract No. C33240 timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP, Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; and Mr. David E. Bergman, AICP, Principal, MR&E. 3.2.5 City's Representative. The City hereby designates Ms. Lauri Aylaian, Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Council is the only authorized body that can approve increasing the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew Burris, AICP, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant ;waits represents that all em_ployees and subconsultants shall have sufficient skill_ and_ - Comment[AS]:Changes are acceptable to experience to perform the Services assigned to them. Finally, Consultant represents the city. that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any 3 Contract No. C33240 employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all neff4cleM violations of such laws and regulations in connection with Services.--If Consultant performs any wor knew44g-it--te--be-cent Fegulatiens, Consultant shall be solely pensible for all w6ts arising therefrom OonsultaRt shall defend, indemnity and held City, its OffiGials, diFeGtGFs, OffiGers-1 el any faiiuFe E) Comment[A6]:We'd prefer to contain all indemnity language in Article 3.5.6. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it Comment[A7]:This is acceptable,but the has provided evidence satisfactory to the City that it has secured all insurance required Word"negligent"must be deleted. under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2)cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned__ ' hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4 Contract No. C33240 w aggregate. Any peliGy 'AGeption date, GORtinuity date, or FetmaGtive date must be bef the eifeGtive date of this agreement and GeR6ultaRt agrees to rnaiRtaiR Gentinu Goverage through a period no less than three yeaF-s afteF GOmpletion of the BeFvi requ Fed by this agreemeRt. Covered PFGfe66;enaI services shall speGifiGally iRGIude all work to be performed-4pAer the Agreer -;,Rd edelete any eXGI6i6i9n6 that may Comment[A81:It's acceptable to remove this requirement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coveraqe: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. 5 Contract No. C33240 City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty te obtaiR the iR6uraRGe it deems y alternative,premium paid by City wall be promptly reimbursed by Consultant er Gity will withh amounts GUffiGieRt tO pay premium from Consultant paymeRts. IR the City may cancel this Agreement. - comment[A9]:city may cancel contract agreement but not purchase insurance. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages lexcept i rotession� shall be_primary and any other insurance, deductible, or self- - (comment[ASO]:Changes are acceptable to insurance maintained by the indemnified parties shall not contribute with this primary the city. insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige require its insurance agent or broker and insurers to provide to City with a thirty(30)day notice of cancellation Wit_-,- comment[Ail]:Insurance companies don't or nonrenewal of coverage do this.Only 30 day notices. for each required coverage. Additional Insured Status: General liability— and Automobile Liability and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional 6 Contract No. C33240 insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Comment[Al2]:This is written for - ---------- ------------------- ------ --- --- ---------- ---- - construction contracts and should be deleted. Comment[A13]:Acceptable to change "necessary"to"reasonable" te: (A) adequate life preteGtien and lifesaving equipment and PFOGedure6; walkways, SGaffelds, fall pFE)teE;taen ladders, bridges, gang plaRks, Genfined sp i the safety oFaGtiG Comment[A14]:Changes are acceptable to the City. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seven hundred ninety-nine thousand seven hundred 7 Contract No. C33240 and three dollars ($799,703) without authorization of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council. 3.3.5 Rate Increases. In the event that this contract is extended beyond the date specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the time of renewal in accordance with the change (increase or decrease) in the Riverside County Consumer Price Index for the previous twelve months. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written 8 Contract No.C33240 notice to Consultant of such termination, and specifying the effective date thereof, at least seven—(7-)ten 10 business days before the effective date of such termination. Prior to termination due to cause, City will make reasonable effort to provide notice and opportunity for Consultant to correct any default. Upon termination, Consultant shall be compensated ep*for those services which have been adequately rendered to City_; arid—Consultant shall be entitled to no further compensation beyond reasonable expenses for transfer of materials to the Cit Consultant may ---ta=a !:n [gist-changes to this paragrapr, not terminate this Agreement except for cause. cceptable,except that "and closure of 9 P ontracC should be deleted;it's too ambiguous. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15)business days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Raimi +Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Attn: Mr. Matthew Burris, AICP, Senior Associate City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Ms. Lauri Aylaian, Director of Community Development Such notice shall be deemed made when personally delivered or when sent via FedEx or other service that provides document tracking. afteF deposit On the U.S. Mail, first elass postage PFepaid and addFessed to the paFty at its Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, 9 Contract No. C33240 physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents& Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. URtOI ♦e6 ,- Comment[A16]:This language is not acceptable and needs to be deleted. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, Comment[A17R16]:I can accept this drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Maintenance of confidentiality by the Consultant excludes any disclosure required for Consultant to omply with pertinent laws Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. All information and documents that are provided to the City by the Consultant are considered proprietary and not public information. defend and held harmless theless, cest oF expeRse (iRrluding attorney's fees) arising clut ef a legal aGtian bmught-40 GOmpel the Comment[A18]:We'd prefer to contain all indemnity language in Article 15.6. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. -. Comment[A19]:Changes are acceptable to the City. — — 10 Contract No. C33240 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnity.To the fullest extent permitted bylaw,Consultant shall - Comment[A20]:None of the changes - - --- -- i proposed in this paragraph are acceptable to defend, indemnify and hold the City, Its directors, officials, officers, employees, the City. designated volunteers and agents free and harmless from any and all claims, demands, Comment[A21R20]:Here's the big one. causes of action, costs, expenses, liability, loss, damage or iRjUFY ef aRy kiAd, iA law 9 Please advise equity, to property or persons, including wrongful death, in any manner arising out of, Formatted:Highlight pertaining to, or incident to any allege I-negligent acts, errors or omissions, or wilfful Formatted:Highlight misconduct of Consultant, its officials, officers, employees, subcontractors, consultants Formatted:Highlight or agents in connection with tr, i i,:z «;;; of the Consultant's Selrybees, the Ricaject er—this Agreement damages, expert witness fees aAd attorneys fee6 and etheir related costs eXpenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City shall cooperate reasonably in the defense of any action, and Consultant shall employ competent counsel, reasonably acceptable to City. To the fullest extent permitted by law, City shall defend, indemnify and hold the Consultant , their directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs expenses liability, loss, damage or iniury to property or persons, including wrongful death in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of SaP6u4a4#Cityn its officials, officers,_-,- Formatted:Highlight employees, subcontractors consultants or agents in connection with this A reement._ -- comment[A22]:Modified the approved �Te the extent oermotted by law, GIty shall *ndernn;fY-bUt shall have no-Gb4ea#GP-t paragraph to be consistent with what the City is its .�. + Fs;, .,I.. and d s; �+,+ .I, .,+, asking of us defend the Consultants, ,r Formatted:Highlight ;onrndt r of r;+„ Formatted:Highlight Comment[A23]:This added paragraph is acceptable to the City. 0.5.6.2 Additional Indemnity Obligations. To the- fulleist ,,..tent ,-.eFmi++ d b law, Formatted:Highlight Consultant shall defend, with GGUR6e' Of City's ohoesing and at Consultant's own Comment[A24]:The changes proposed in this paragraph are acceptable to the City, expense and Fisk, any and all Glaims, ts; aGtiOR6 oF either praGeedings of eveFy 1, provided that 3.5.6.1 is restored to the original GoveFed by SeGtiOR 3.6.6.4 that may be brought oF instituted against Gity orits direr, wording. . To the extent caused by the above, Consultant shall pay and satisfy any judgment,.settlement, award or decree that-.- Formatted:Highlight may be rendered against City or its directors, officials, officers, employees, and designated volunteers and ageRtr,-as part of any such claim, suit, action or other proceeding. agents-or - J�VGI Rteefs <--: _ proceeding, Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. , 11 Contract No. C33240 Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. J Comment[A25]:see separate document for proposed language. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction: References: Captions. Singe-she Parties OF theiF agents haye parieipate i-u4y-in the preparation E)i this AgFeement, the language ef this AgFeement shall be GeRstinued simply. any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents; and Jed volunteers except as otherwise specified in this Agreement. Comment[A2e]:These deletions are not The captions of the various articles and paragraphs are for convenience and ease of acceptable;the original wording needs to be restored. reference only, and do not define, limit, augment, or describe the scope, content, or Comment[A27R26]:R+A—we are Intent Of this Agreement, comfortable with the original language it we can agree on the proposed indemnity language 3.5.14 Amendment; Modification. No supplement, modification, or amendment Ofcomment(A2s]:Tnis is acceptable. this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 12 Contract No. C33240 privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated in Consultant's proposal 13 Contract No. C33240 dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT RAIMI +ASSOCIATES By: By: Mayor or City Manager Matthew Raimi, Principal ATTEST: By: Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: Best Best& Krieger LLP City Attorney 14 Contract No. C33240 EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Initiation In this task, the Raimi +Associates(R+A)team will initiate the project, meet with City staff, and tour the City. This task includes the following sub-tasks: 1.1 Proiect Initiation Meeting R+A will meet with City staff to initiate and organize the project. During this meeting, participants will review and discuss the scope of work and the overall schedule, develop a detailed three-month project schedule, and review the current planning-related activities in Palm Desert relevant to this update process. A key component of this meeting will be to discuss the City's objectives and review and refine the Scope of Work, if needed. Additionally, R+A and the City will clarify roles and expectations, establish communication portals for information sharing and future discussions, discuss billing logistics; and share background information and materials. 1.2 Collect Information and Develop GIS Database City staff will provide the R+A team with all of its existing data, reports, and studies relevant to the General Plan update. Critically, R+A will collect existing GIS data from the City. We expect that the City will have, at minimum, the following data in GIS-based shapefiles: existing land use, general plan land use, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and County assessor data. R+A will collect additional information on Palm Desert including data from the US Census, the Riverside County Department of Public Health, SCAG, CVAG, and various State of California departments. Finally, R+A will create a base map of the City for use by the team throughout the project. R+A will prepare the base map in Adobe Illustrator and GIS (ESRI ArcMap 10) using high resolution aerial photos provided by the City and from GIS. 1.3 Kick-off Team Meeting/Tour Key members of the R+A Team will visit Palm Desert for a kick-off meeting and City tour. Note that some team members may only attend part of the kick-off meeting. The kick-off meeting will have three primary components: 1. Team meeting with City staff and the R+A Team. 2. Tour the city with City staff. 3. Meetings with individual department directors or staff. 15 Contract No. C33240 Task 1 Deliverables: • Project Initiation Meeting • Refined General Plan Work Plan and Schedule • Base Map of City • Kick Off Meeting and City Tour • Document and Data request Task 2: Community Engagement The R+A Team will work with the City to implement a public outreach process to ensure a transparent and efficient planning process. The tasks included in the scope represent R+A's idea for reaching the full spectrum of Palm Desert community members, but will ultimately be refined in the Community Engagement Plan after working directly with City staff. R + A will be the primary leader for the public outreach and visioning tasks described below, with continuous involvement by R+A in all efforts to ensure all team members gain first-hand understanding of the community's vision. 2.1 Technical Working Group The City will appoint a General Plan Technical Working Group (TWG) to support the General Plan update. Ideally, the group would consist of approximately 15 members. The R+A team will attend and facilitate one Technical Working Group meeting per month for crucial phases of the project, totaling approximately 14 meetings since meetings are not needed during certain phases of the project. The TWG may not need to meet in person on a monthly basis, but rather should meet regularly during key periods of data gathering and policy review, while checking in via conference line or email during months where the R+A Team is working on specific tasks. This will help prevent committee fatigue and provide potential TWG members with a more manageable time commitment to the project. R+A will kick off the Technical Working Group at the first meeting by reviewing the project purpose; discussing the contents and state requirements for the General Plan, the Highway111 corridor plan, the traffic model, and EIR; establishing the group's ground rules and role in the process; and reviewing the community engagement program and project timeline. The TWG will provide feedback at the following key project milestones: • Project kick-off • Community vision • Key issues • Technical background studies • Key policy approaches • Land use and circulation alternatives 16 Contract No. C33240 • Corridor Plan development • Public review draft General Plan The R+A project team will provide a facilitator and the project manager, in addition to other needed technical staff for presentations, and prepare meeting agendas, presentations, and summaries for each meeting. 2.2 Stakeholder interviews R+A team members will conduct up to 8 one-on-one meetings with key members of the City Council, Planning Commission or community at the beginning of the process to obtain a better understanding of the project issues, the strengths of the City and their vision for the City. 2.3 Highway 111 Corridor Plan Workshops R+A believes the development and evolution of the Highway 111 corridor is critical to Palm Desert and is thus worthy of a substantial public outreach effort. The R+A Team will develop meeting parameters and provide guidance for the City to follow in efforts to conduct a series of public meetings. The focus of these parameters will be to provide uniformity in presenting information, facilitating dialogue, garnering input, and fostering consensus. Workshops will be creative forums in which a free flow of ideas can take shape toward a common purpose. The challenge of these meetings will be to ensure adequate and broad-based participation in order to avoid homogenous or narrow input. To make sure that all voices are heard, the R+A Team will supplement the public meeting presentations with Turning Point software. Turning Point is designed to work on top of Microsoft PowerPoint. Participants are given a credit card size infrared voting device that allows them to anonymously vote on issues, survey questions, and ranking/prioritization questions. Results appear immediately as a compiled bar or pie chart on the slide. Because voting is anonymous, it prevents a vocal person from dominating the meeting with their ideas and supports "one voice one vote." It also enables the meeting facilitator to have a more dynamic discussion as follow-up to the results. The agendas and approach for each workshop will be developed in collaboration with the City to identify the best format based on the audience, information to be presented, and input needed. The R+A Team will share lessons learned and best practices to assist in the decision making process. The R+A Team will conduct the following four public workshops at key project milestones: Workshop No. 1 - Background Information/Visioning: In this workshop, which may be scheduled on a Saturday for a 3 to 4 hour block, the Team would make an opening presentation that includes a summary of the existing conditions analysis and a range of corridor precedents that may serve as models for elements of the Highway 111 Corridor 17 Contract No. C33240 plan. Following this presentation, participants will be invited to ask questions and offer comments, and then be asked to break into smaller groups to discuss opportunities and constraints in the Plan Area. Base maps of the Plan Area would be provided at the group tables and posters of the analysis and precedents could be hung around the wails of the workshop space. Team members will facilitate discussions and provide information. At the end of the workshop, group representatives will report their results to the assembly. Immediately following the Workshop, the team will hold a debrief meeting with City staff and the TWG. Workshop No. 2 - Public Realm Framework Plan and Development Types: Building off the public input received during Workshop No. 1, this workshop will focus on establishing a framework for pedestrian-friendly streets and sidewalks, focusing on streetscape and building frontages. During this workshop, the R+A team will also begin to explore appropriate development types for different segments of the Highway 111 Corridor. Workshop No. 3 - Preferred Land Use Alternative: Building on the community input received in Workshop No. 2, a draft land use plan that assigns specific development types and intensity ranges to each sub-area of the Plan (or segment of the Corridor) will be presented and discussed (See Task 6 for more detail on the draft land use plan). Workshop No.4 - Public Review Draft Highway 111 Corridor Plan: This workshop will focus on key components of the Public Review Draft Corridor Plan. 2.4 General Plan Workshops In addition to the community workshops focused on the Highway 111 Corridor Plan, R+A will conduct two community workshops on the General Plan once the Public Draft has been prepared and released: Workshop No. 5 - Public Review Draft General Plan Update: This workshop will present the Draft General Plan to the public. The primary intent of this workshop will be to brief the public on the highlights of the plan and receive informal feedback. This workshop be held in an Open House format to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Public Draft General Plan. Workshop No. 6 - Public Review Draft EIR: The second General Plan workshop will focus on the Draft Environmental Impact Report. The intent of this workshop will be to brief the public on the content and implications of the Draft EIR. An Open House format will be used to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Draft EIR. Task 2 Deliverables: 18 Contract No. C33240 • Technical Working Group meeting presentations, materials, and summaries for 14 meetings (note, number of in person meetings may be reduced with additional budget made available for other participation opportunities) • Up to 8 stakeholder meetings • Four Corridor Plan Workshops • Two General Plan Workshops • Public workshop agenda and approach memorandum, meeting materials, facilitation services, and workshop summaries Task 3: General Plan Back Ground Investigation During the early phases of the project, the R+A team will prepare an existing conditions report focusing on topics of critical importance to the City and the General Plan Update. The existing conditions will describe current trends and baseline data for these particular topics while exploring and analyzing key issues that impact the City and its community members. R+A will package the Background Investigation as a Technical Background Report, which will ultimately serve as the existing conditions section of the EIR. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. 3.1 Review and Assess Reports, Studies, and Regulations A critical starting point for this project will be to review and assess the recently prepared Strategic Plan, as well as other planning reports and documents, to understand the vision of the City and to identify any gaps in data collection and analysis. In addition, R+A will gather information on existing City planning, economic development, transportation, and sustainability policies to understand the current policy context. This will allow R+A to build off the considerable work that has been completed to date by the City and to ensure that both the existing conditions and the General Plan policies are consistent with the City's vision and values. 3.2 Prepare Background Report Outline The R+A team will prepare an outline of the Technical Background Report and work with City staff to refine the structure. 3.3 Admin Draft Background Report During the first phase of the project, the R+A team will develop a comprehensive Background Report to explore and document the existing conditions in Palm Desert. The report will analyze and present information about past and current conditions in the City, input collected during previous community outreach activities, and future trends in the City, County, region, and State. The report will provide a backdrop for the General Plan and serve as the existing setting section of the EIR. Each section will also include a subsection identifying the existing conditions of the Highway 111 Corridor Plan area as well, to simultaneously lay the groundwork for the Corridor Plan. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the 19 Contract No. C33240 highlights into the final Background Report. While the exact content and structure of report will be discussed with staff, we expect it to include the following information: A. Demographics and socio-economics. This chapter will present basic information about the City including the size of the City, the population characteristics (e.g., age, gender, race/ethnicity, etc.), educational attainment levels, and income. The chapter will also focus on the location of socioeconomic disparities in Palm Desert and how the City compares to other nearby/comparable communities and Riverside County as a whole. B. Land use and urban design analysis. This chapter will present an analysis of the built environment of Palm Desert and will be comprised of: 1. Land use analysis including existing land uses, general plan designations, zoning, past and future growth trends, recent and proposed development projects, and an analysis of existing planning documents. 2. General Plan effectiveness, assessing the City's progress in achieving the goals in the 2004 General Plan and considering which components of the existing framework should be preserved. 3. Urban design analysis including views, vistas, scenic resources, gateways, major geographic features, major community features, natural land form features, and open space. R+A will address how these features enhance the area and how might they be improved to provide a stronger identity for the community. 4. A mapping of the neighborhoods, districts, and corridors in the City to identify and categorize a typology of places based on the land use, urban form, and character of each area. As part of the analysis, R+A will identify undeveloped or underutilized land in the City and the growth potential using existing zoning regulations. C. Transportation and circulation. Fehr & Peers will prepare a background report summarizing existing mobility conditions, which will include an inventory of transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary of their current operation. The report will include a functional classification of City streets; an inventory of existing signalized intersections; collision statistics in the City over past five years; pertinent traffic and travel information available from the City, SCAG, CVAG, the US Census, and other sources; existing transit services and facilities; existing bicycle facilities; and existing pedestrian facilities. Additionally, because mobile source greenhouse gas emissions (GHG) make up a large portion of the City's total GHG output, innovative mobility policies will be a vital component of the General Plan Update. To ensure that the project team and City staff are made aware of the latest developments in transportation planning, Fehr& Peers will conduct a review of best practices to guide the preparation of the Mobility Element. Some potential Transportation Best Practices could include: complete streets; multi- modal level of service (MMLOS); Layered Networks; and alternative vehicular networks. Fehr& Peers will collect existing transportation data for use in this study. Fehr& Peers 20 Contract No. C33240 will use existing traffic counts from other studies but new traffic counts will likely be required. The scope and budget assume that Fehr & Peers will conduct peak period traffic, pedestrian, and bicycle counts at up to 40 signalized intersections and 24-hour machine traffic counts on up to 40 roadway segments. E. Market conditions. MR+E will prepare a market conditions assessment for Palm Desert. The chapter will lay the foundation for a plan that promotes investment, is financially feasible, and can be implemented. This will include an estimate of real estate demand potential (housing and commercial uses), economic development opportunities, and other economic trends. This task will be comprised of three steps: 1. Preparing a market demand analysis of the potential for employment, housing, and commercial development. 2. Identifying opportunities and catalyst sites and formulating public-private financing and implementation plans. 3. Working closely with the community to identify the concerns and potential benefits of new development in the City. As part of this task, the R+A Team will interview representatives of regional economic development agencies, key employers, developers, property owners, brokers, and other stakeholders to understand the competitive advantages and disadvantages for economic development in the City. The information above will be included in the Market Conditions chapter of Background Report. F. Health. R+A will prepare a Health Chapter that discusses key issues and opportunities for the relationship between community health and the built environment. The chapter will present a brief summary of the literature on the relationship between health and planning, key indicators of health and equity, and opportunities for changes that may improve health conditions, social equity, and environmental justice in the community. The health-related topics that may be covered, pending the availability of information, are overall health and wellness, physical activity levels, exposure to substantial concentrations of air pollutants, exposure to toxics and hazardous materials, access to nutritious foods and a retail food environment analysis, access to health care and health facilities, access to parks and open spaces, mental health services, and transportation safety. This information will form the basis for a "Rapid" Health Impact Assessment (HIA) of the General Plan alternatives and can be used to support other studies such as the HIA on the oil well facility. G. Climate change. R+A will prepare a chapter that summarizes existing conditions and trends for climate change, adaptation and sustainability. The chapter will summarize the GHG emission inventory for the City and highlight sectors where policy changes could produce significant GHG reductions. In addition to climate and GHG emissions, the chapter will focus more broadly on measures of sustainability including water use and conservation, solid waste reduction, green building policies, procurement practices and other measures. 21 Contract No. C33240 H. Parks and public facilities. This section will examine the amount, location, and condition of parks, recreation facilities, civic buildings, and community centers. The section will also examine the status of police and fire facilities, public safety, and service calls. I. Natural environment, resources and conservation. PMC will conduct an assessment of natural environment conditions in and around Palm Desert including natural open spaces, and natural resources. This discussion will include biological resources, geologic resources, natural hazards, and mineral resources. As part of the assessment, the team will analyze the policies encouraging the preservation and enhancement of these resources. J. Noise. This chapter will present the existing noise environment of the City. It will include a review of the history of noise-related complaints received by City staff over recent years, a survey of the City to identify noise sources and sensitive land uses, and 15- to 30-minute noise measurements from up to ten locations within the City. Once measurements are taken, Rincon will analyze traffic noise levels; develop a table of noise contour distances for major arterials, prepare a noise contour map for major noise sources, and prepare a summary of the key noise issues for the City. K. Cultural Resources. Palm Desert is part of a region that has seen human occupation for thousands of years. According to the City's Archaeological & Cultural Resources Element, 138 archaeological sites have been identified and recorded in the Palm Desert planning area, 125 of which are prehistoric (Native American) sites. The City also has a number of historic structures dating from the late 1940s and early 1950s. These are concentrated around the urban core of the City, although structures of similar vintage are likely to be found in outlying communities, such as Thousand Palms and Cahuilla Hills. For historic structures, or historic-period archaeological remains dating before 1940, the most sensitive areas within the planning area are along the Colorado River Aqueduct, between the Indio Hills and the Southern Pacific Railroad, and around the original community of Palm Village north of Highway 111. The City currently reviews development proposals for their potential impacts to archaeologically and historically significant resources and may require additional studies if the potential for damage to resources is identified. Rincon will review the existing historical, archaeological, and paleontological conditions within the City. As part of this effort, Rincon will describe the existing historical, archaeological, and paleontological setting within the City by reviewing existing City resources, the current Archaeological &Cultural Resources Element, relevant literature, previous surveys and inventories of recorded historical, archaeological, and paleontological resources, historic maps of the area, and available historic photographs and aerials views. As part of this effort, Rincon will provide recommendations for the continued identification, designation and protection of the City's cultural resources. 3.4 Traffic Model Update 22 Contract No. C33240 As part of Background Report effort, Fehr & Peers will detail the latest version of the Riverside County Model (RIVTAM) to provide additional detail within the City of Palm Desert. This model has been reviewed by CVAG Staff and is required for use in all projects in the Coachella Valley based on an MOU between CVAG Staff and Riverside County Staff. This additional detail would include more defined TAZ's and roadway networks. A Base Year (Validation) and Future Year (General Plan Buildout) model would be developed. Fehr & Peers will also coordinate with Riverside County Staff to facilitate their review and approval of the model, as required by CVAG Staff and Riverside County Staff. Prior to its use, Fehr & Peers will validate the detailed Base Year Model for RIVTAM to match available traffic count data. Fehr & Peers will apply standardized criteria for the validation process as developed by FHWA, Caltrans, and other agencies. An AM Peak Hour, PM Peak Hour, and Daily model will be developed for use in the General Plan roadway network and Environmental Impact Report analysis. Once the Base Year Model is validated, Fehr & Peers will prepare a draft report summarizing the findings of the validation for submittal to the City and Project Team. Once land use forecasts are available, Fehr & Peers will develop a Future Year Travel demand model which will be used for the General and Environmental Impact Report. 3.5 Final Background Report Following the delivery of a single, consolidated set of comments from City staff, the R+A team will prepare a final Background Report that can be released to the public. Task 3 Deliverables: • Background Report Outline • Admin Draft Background Report • Final Background Report • Detailed City of Palm Desert Traffic Model Update Task 4: General Plan Vision and Alternatives Following the review and approval of the Background Report, R+A will lead the City through an effort to confirm the long term vision, the goals for the City and to develop physical and policy alternatives that respond to the issues and trends identified during the previous task. This effort is expected to confirm the vision and direction for the majority of the City and a majority of topics and then focus on areas where further discussion is needed. For land use, this could mean focusing only on a few areas of the City while the majority of areas are "areas of preservation" where limited change is expected. 4.1 Develop Vision and Alternatives The first step in the process is to develop the citywide vision and General Plan goals. 23 Contract No. C33240 During the process, the R+A team will conduct a thorough review of recent plans, such as the Strategic Plan. Significant work has been completed and it is imperative that this excellent work be the starting point for developing the vision, goals and plan alternatives as this process will identify locations and topics where there is clear policy direction, areas where no direction exists and areas where there is conflicting policy direction. The vision will be developed through working closely with the Technical Working Group and consideration of information received through the early Highway 111 Corridor Plan Workshops. The result of this task will be the following: • Compilation of work done to date to prepare a citywide vision and policy direction • Draft Vision statement • Citywide goals by topic • Identify key policy issues to be addressed • Identify policy alternatives to address potential key issues. These will focus on policies improve livability and walkability in the City, but will also include other topics such as economic development and public facilities and services • Land use alternatives for areas of the City where there is a potential for future change. The areas of potential change will likely include commercial corridors, the downtown, potential sites to meet RHNA housing needs, and other areas where future commercial uses may be possible • Transportation alternatives to address key policy issues such as increasing active transportation or multi-modal/"complete"streets 4.2 Conduct Alternatives Analysis The R+A team will prepare a "matrix-level" analysis of alternatives that compares the various land use and policy alternatives, with an emphasis on climate-oriented policies. Where possible, the R+A team will use quantitative measures. The topics expected to be covered in the matrix-level analysis are land use (land use by type, housing units, population), market (jobs by type), transportation, sustainability and environment, and public health. Specifically, the alternatives analysis will include the following: • Growth projections. R+A, with assistance from other team members, will prepare forecasts of land use, population and employment changes that are expected to occur in the City during the planning horizon of the General Plan. These estimates may be based solely on growth projections from SCAG or may be based on another methodology recommended by R+A. • Economic analysis. For each land use and for key policies scenario, MR+E will build a static fiscal impact model to measure the costs and revenues for the City's General Fund. This will include the following sub-tasks: o Development of assumptions for analysis. MR+E will collect current fiscal and demographic data for Palm Desert, including the City's budget for the 24 Contract No. C33240 most recent fiscal years and additional tax and revenue information, such as sales and property tax rates. o Analysis of ongoing revenues to the City. For each land use scenario, MR+E will estimate major revenues generated, including property tax, transfer tax, vehicle license fees, and sales tax. o Analysis of ongoing costs to the City. For each land use scenario, MR+E will calculate the additional General Fund costs to provide municipal services. To assess costs, MR+E will conduct interviews with the heads of key departments (including Fire, Police, Parks, and Public Works). • Transportation analysis. Fehr& Peers will conduct a qualitative analysis of up to three land use alternatives. Alternatives may reflect different allocations of the total growth forecasts, though they will all maintain the same overall amount of change. • Noise. Rincon will also support the alternatives analysis by analyzing the future noise environment in the City with and without the project alternatives and will prepare a noise contour map for the preferred alternative. • Climate change. R+A will analyze how the alternatives perform in terms of greenhouse gas emissions to help the City understand how to best comply with the intent of AB 32 and SB 375. • Health. Using the data and indicators identified in Task 3, R+A will prepare a "Rapid" Health Impact Assessment (HIA) of various policy and physical alternatives. The analysis will primarily be a qualitative analysis stating trend/direction, magnitude, and significance, but will not necessarily calculate a numeric projection. 4.3 Create Final Land Use and Transportation Plan Based on the results of the ongoing meetings with the Technical Working Group and the Corridor Plan workshops, the R+A team will finalize the land use direction and preferred planning alternative for the City. R+A will provide the City with a memo summarizing our understanding of the preferred alternative. Task 4 Deliverables: • Alternatives that include vision, citywide goals by topic, land use and transportation alternatives, policy alternatives • Qualitative alternatives analysis • Technical memo summarizing final land use and transportation plan Task 5: General Plan The R+A Team, working closely with City staff, will develop the policy direction for the 25 Contract No. C33240 General Plan Update. 5.1 General Plan Outline and Policy Framework The first step in the process will be for R+A to develop a draft General Plan outline. This will detail the key chapters in the documents and the expected order of information. After the outline is reviewed by City staff, R+A will develop a policy framework for each chapter of the General Plan. The policy framework will identify goals, policies, and implementation measures for each topic in the General Plan. As is discussed above, the policies will be derived both from existing policy documents (including the existing General Plan) and the alternatives development process discussed in Task 4. The policy framework will be reviewed by staff and the GPAC. Creating a policy framework document will allow the community to quickly and easily understand the policy direction of the City and provide feedback to the R+A Team prior to the drafting of the General Plan. Additionally, the outline and policy framework will serve to direct a conversation with City staff and the Technical Working Group about which General Plan elements should be preserved, which should be consolidated, and which should be eliminated. Finally, as part of this task, the team will work with City staff to create a standardized structure for the chapter content and language conventions for the goals and policies. This will include a mockup of the layout and design of the General Plan. 5.2 Administrative Draft General Plan R+A will prepare an Administrative Draft General Plan for review by City staff based on the outline and policy framework developed in Task 5.1. The structure and exact content of the General Plan will be decided as the project moves forward, however the R+A team will develop a cutting-edge, character-oriented General Plan. The General Plan will include all of the topics required by State Law plus additional topics as determined during the process. R+A and several team members are continually monitoring the progress, and occasionally weighing in through workshops and individual conversations, of updating the General Plan Guidelines by the Governor's Office of Planning and Research. During this task, R+A will formally check in with OPR on the status of the guidelines to ensure the General Plan is reflective of the most recent OPR guidance. More specifically, the General Plan will cover, at minimum, the following topics: • Land use, including existing and future uses and focused policies on different areas of the community. • Urban design and community character to preserve and enhance the unique quality of Palm Desert. • Mobility and circulation including, street standards, multimodal streets and active transportation. • Economic development including tourism, expanding commercial activity and fiscal sustainability. • Public facilities and services including the need for new facilities. • Historic preservation, including cultural and archeological resources. 26 Contract No. C33240 • Climate change and adaptation, including specific measures to reduce GHG emissions and adapt to a changing climate. • Sustainability including green buildings, water conservation, energy conservation, and other topics as decided through the public process. • Public Health policies to address active transportation, healthy lifestyles, access to healthy foods, air quality, social support, and other topics of concern. • Noise, to meet State requirements and address identified noise issues in the City. • Parks, recreation, and protection other open spaces. • A detailed implementation program that will provide the necessary steps for putting the General Plan into action. It is anticipated that this section will include specific actions, responsible parties, timeframes, and funding requirements. This implementation plan will also include near-term projects which can be implemented with existing funding programs to demonstrate progress towards achieving General Plan goals and policies. 5.3 Screencheck Draft General Plan After staff has reviewed the administrative draft General Plan and provided a single set of comments, R+A will prepare a screencheck draft General Plan that includes all figures, photos, maps and graphics. R+A will deliver the screencheck draft general plan as an Adobe PDF file for ease of review and to reduce printing costs. 5.4 Public Draft General Plan R+A will provide a copy of the administrative draft of the General Plan for staff — and any others selected by staff —to review. Staff will provide R+A with one complete set of all comments, which the R+A team will incorporate and address. Task 5 Deliverables: • General Plan outline • Draft and final policy framework • Administrative Draft General Plan (including seven hard copies and one electronic copy) • Screencheck Draft General Plan (including seven hard copies and one electronic copy) • Public Draft General Plan (including seven hard copies and one electronic copy) Task 6: Highway 111 Corridor Plan During this task, the R+A team, working closely with City staff, will develop a Corridor Plan for the revitalization of the Highway 111 corridor. For the purposes of establishing an initial scope, budget, and schedule, this scope assumes that the Corridor Plan will not be a standalone document but a set of tools comprised of: a vision plan for the corridor, detailed goals and policies pertaining to Highway 111 in the General Plan, Design Guidelines for the corridor, and an amendment, addition, or overlay to the 27 Contract No. C33240 Zoning Code that will provide updated development standards for new private development. For the purposes of this scope, "Corridor Plan" will refer to this set of tools. The R+A team will work closely with the City to ensure that the approach to the Corridor Plan will remain relevant to the City's desired outcomes. As such, the final form of the Corridor Plan may be somewhat varied by mutual agreement of the City and the R+A team to ensure the final product meets the City's needs. 6.1 Framework Plan Development and Development Alternatives Based on the community input received in Workshop No. 1, and on subsequent direction from City staff and the Steering Committee, R+A will prepare one to three framework plan alternatives for defining and differentiating the several Corridor segments and characterizing the community vision for each. This will include illustrations of a range of suggested streetscape characters, development types and pedestrian and bicycle connections into the adjacent neighborhoods. This will also include alternatives in terms of "degree of change," to identify segments in which little change is envisioned and segments targeted for more significant transformation over time. The vision plan alternatives will be illustrated with a combination of diagrams, illustrative plan vignettes, illustrative cross sections, 3-D models, precedent photographs, and photo-illustrations. 6.2 Preferred Framework and Vision Plan Based on the framework plan and input received in Workshop No. 2, the R+A Team will work closely with City staff and the Steering Committee to evaluate alternative development patterns and intensities, quickly moving to a draft land use plan that assigns specific development types and intensity ranges to each sub-area or Corridor segment of the Plan. Our urban designers, economists, environmental planners, and transportation planners will collaborate at each iteration to bring to the community a recommended alternative that balances transportation modes and parking demand, and generates vital pedestrian environments throughout and surrounding the Plan Area. The preferred alternative as selected and refined by the staff and the Committee will be documented and presented to the public in Workshop No. 3 for further input. It is important that the vision accurately reflects community goals and values, as this will provide the foundation for land use, urban design, mobility, economic development, and environmental policies and programs in the Corridor Plan. The development alternatives will be informed by the economic analysis completed in Task 3.3. MR+E will prepare a memo summarizing the preferred alternative and the market potential for development. 6.3 Administrative Draft Corridor Plan Based on an agreed upon framework, the R+A Team will prepare an Administrative Draft Highway 111 Corridor Plan for staff review and comment. The Corridor Plan will remain consistent with the City's General Plan and other City policies reviewed in Task 2 and effectively implement the goals, strategies, and standards developed as part in 28 Contract No. C33240 the community engagement during Task 3. A formal outline will be finalized with the City; however, the following is a summary of tasks to be completed in developing the Admin Draft Plan: Corridor Plan Goals and Framework The R+A Team will develop a set of Highway 111 Corridor Plan goals. The R+A Team will present these goals to City staff and the Steering Committee for review and comment. R+A believes it is essential for the City, community, and R+A Team to have a firm and clear understanding of project goals prior to developing Corridor Plan policies or programs. Additionally, receiving community support for long-term goals will help avoid any problems at later stages of the Plan development, as each progressive stage is an implementing tool for the agreed upon goals. These goals and policies will ultimately be embedded in the General Plan. Land Use The R+A Team will create a land use plan that is consistent with the goals and policies of the concurrent General Plan Update. The land use plan will show allowed land uses and density/intensity for each land use type. The City and R+A Team will jointly develop a land use plan and related policies to promote compatible development within the Plan Area, which is sensitive to surrounding residential, recreational (i.e., golf courses), and hospitality uses. Design Guidelines Based on the preferred framework plan and preferred alternatives for streetscape, open space, and development types, the Team will prepare draft design standards for each. The Design Guidelines will include: • A public realm illustrative/vision plan, including a network of streets, the frontage roads, alleys, paseos, plazas and courts. • A complete streets kit of parts, including recommended cross sections with parameters for frontage roads, cross streets, alleys/lanes, paseos, plazas, courts, etc. These would be formatted as guidelines, with a combination of illustrative plans and sections, 3-D models, and precedent photographs, along with short guideline narratives and bullet points for each type. • Private development guidelines including frontage type (frontage design) recommendations, building massing recommendations (varied by area to ensure appropriate transitions to adjacent houses or any historic buildings), and basic architectural design guidelines. Mobility and Parking R+A will address transportation and parking with input from City staff and applicable 29 Contract No. C33240 circulation element goals, policies and programs. Emphasis will be placed on livability principles, complete streets, place-making, and multi-modal connections. R+A will develop circulation objectives for the corridor plan, review existing circulation patterns and conditions in the area, and identify alternative strategies for parking and access. As part of this Task the R+A Team will work to identify opportunities for greenhouse gas emissions reductions and highlight the opportunities for co-benefits of reduced auto- dependency such as public health, air, and water quality improvements. The following circulation topics will be addressed in this task: • Pedestrian and bicycle facilities and safety • Street standards • Traffic calming • Street improvements • Parking strategies • Bikeways • Transit, including transit facilities Implementation and Development Standards The R+A Team will prepare an implementation program for inclusion in the General Plan to address implementation of major public improvements recommended in the Corridor Plan together with financing mechanisms and funding sources. This task will be grounded by an implementation analysis prepared by our economist. MR+E will prepare an economic development element that will focus on highly implementable specific projects that can be undertaken to facilitate economic development on Highway 111. The plan will provide a set of recommendations on actions that can be undertaken by the city and its partner agencies to develop public private partnerships for the provision of public improvements. This will consider the use of the available tools for the provision of improvements to the public realm and opportunities for public private partnerships. General strategies to be examined include: • Mello-Roos Community Facilities Act • Public Enterprise Revenue Bonds • Impact Fees and Exactions • Special Assessment Districts • Potential use of state and federal advantaged financing tools (NMTC, ARA programs, Cal [Bank etc.) • Others as determined by research Responsibilities by agency and jurisdiction will be identified as well as actions that would be required by the private sector will be inventoried. Opportunities for partnerships, joint ventures and developer initiated improvements will also be examined. The implementation section will be composed as a specific action plan with lists of responsibilities, costs and thresholds for development as opposed to providing generalized statements of goals and objectives. 30 Contract No.C33240 Additionally, the R+A team will prepare an addition to the City's Zoning Code in order to codify the new development standards. This addition might take the form of one or two new base zones, an overlay zone, or similar zoning tool and the ultimate form will be decided in conjunction with the City once the vision for Highway 111 has been defined. 6.4 Public Review Draft Corridor Plan The R+A Team will modify the Administrative Draft as directed by City staff and prepare and publish a Public Review Draft Corridor Plan for staff and general public review and comment. Task 6 Deliverables: • Corridor Plan approach recommendation and outline • Highway 111 Vision • Admin Draft Design Guidelines, Development Standards, and Implementation Actions (seven hard copies, plus one electronic copy) • Public Review Draft Design Guidelines, Development Standards, and Implementation Actions (Seven hard copies, plus one electronic copy) Task 7: Environmental Impact Report PMC, in association with Fehr & Peers, and Rincon, will prepare a legally adequate program-level Environmental Impact Report (EIR) in compliance with CEQA and the State CEQA Guidelines for the General Plan Update. The EIR will be comprehensive and address all environmental issues with a potential to result in significant environmental impacts. The text of the EIR will be supplemented with graphics and summary tables, as appropriate, to present information in a concise and easily understood format. 7.1 Establish Thresholds of Significance PMC, Fehr & Peers, and Rincon will work with City staff to establish thresholds of significance for each environmental topic to be addressed in the Program EIR. Some topics contained in the State CEQA Guidelines Appendix G checklist may not apply to Palm Desert. While the topical areas described in Appendix G will serve as a guide for development of the City's thresholds, the issues addressed may be further defined, modified, replaced, or dismissed. 7.2 Prepare Notice of Preparation PMC will prepare a Notice of Preparation (NOP) that includes a brief project description and a summary of the probable significant effects on the environment resulting from adoption and implementation of the Palm Desert General Plan Update. As the City is anticipating preparation of a comprehensive EIR addressing all required topics under CEQA, we will not prepare an Initial Study. The NOP will describe where relevant 31 Contract No. C33240 project documents are available for review, where written comments on the scope of the EIR may be sent, and the deadline for submitting comments. The NOP will also identify the date and location of a public scoping meeting to be held for the project. The NOP will be circulated for public comment for 30 days, as required under CEQA. As part of the NOP release, we will assist the City in preparing the necessary correspondence requesting Native American consultation required by SB 18. 7.3 Conduct Scoping Meeting The R+A Team will facilitate a scoping meeting during the NOP comment period. To promote attendance by both agencies and the general public, we recommend staging the meetings as one roundtable presentation in the mid-afternoon (primarily for agency staff), followed by a study session or agenda item designed for the general public before the Planning Commission on the same evening. R+A will prepare comment cards and a PowerPoint presentation for the scoping meeting and will present an overview of the environmental review process for the project. 7.4 Prepare Administrative Draft Program EIR PMC, in association with other team members, will prepare an administrative Draft Program EIR evaluating the potentially significant impacts that would result from implementing the Palm Desert General Plan Update. The EIR will contain all of the information and topics outlined in Sections 15120 to 15132 of the State CEQA Guidelines, and will be comprised of the following sections. Executive Summary The Executive Summary will clearly summarize the main findings of the EIR. It will include a summary table that summarizes the impacts, the significance of each impact before mitigation, any recommended mitigation measures (if required), and the significance of each impact after mitigation. The Executive Summary will also summarize areas of controversy, alternatives, and any significant and unavoidable impacts. Introduction The introduction will describe the organization, type, and use of the EIR; the environmental review process; the focus of the EIR analysis; other documents used to prepare the EIR; lead and responsible agencies; and opportunities for public comment. Project Description The project description will be based on the contents of the Palm Desert General Plan Update and will include the regional and local setting, project history, project objectives, project characteristics and components, phasing and implementation, and other information important to understanding the proposed project. It will also describe how the Program EIR can be used to streamline environmental review for later activities 32 Contract No.C33240 consistent with the Palm Desert General Plan Update. Below is an outline of the anticipated review process: • Determine whether the later project is consistent with or further implements the Palm Desert General Plan Update This evaluation would include later projects consistent with SCAG's Sustainable Communities Strategy (CEQA Guidelines Sections 15168, 15183, and 15183.5, SB 375, and SB 226). • Evaluate whether the later project would have environmental effects that are unique or peculiar to the project or parcel or would result in impacts not previously considered in the Program EIR. The later project's anticipated environmental effects would be compared against conclusions of the Program EIR. This would be done using a customized checklist similar to CEQA Guidelines Appendix G, provided as an appendix to the EIR (CEQA Guidelines Sections 15152 and 15183). • Determine and document whether the later project is covered by the Program EIR or determine the extent of environmental review for the later project. This would either identify that the Program EIR addresses the later project and no further environmental review is required, or would focus the environmental analysis for the later project to issues not addressed by the Program EIR. Setting, Impacts and Mitigation Measures PMC will describe the existing setting, and will identify impacts that would result from implementation of the Palm Desert General Plan Update, the level of impact significance, mitigation measures to reduce the impact to a less than significant level, residual impacts, and any unavoidable significant impacts. Because we propose that the Palm Desert General Plan Update be self-mitigating to the extent possible, mitigation and monitoring measures should become part of the Plan's implementation program. The EIR will also describe the regulatory framework for each topic area, and identify portions of the Palm Desert Municipal Code that can mitigate potential impacts. A comprehensive EIR addressing all topic areas specified within CEQA is proposed and, unless specific topics are excluded through the Scoping process. The topics are: • Aesthetics • Agriculture • Air quality • Biological resources • Cultural resources • Geology/soils • Hazards and hazardous materials • Hydrology/water quality • Land use/planning • Mineral resources 33 Contract No. C33240 • Noise • Population/housing • Public services • Recreation • Transportation/traffic • Utilities/service systems Certain sections of the EIR will require a high level of effort and significant technical analysis. These sections are listed and described below. Air Quality Rincon will prepare a CEQA-level Air Quality technical study, which will be documented in the EIR. The study will include a description of the project undertaking, the air quality regulatory and environmental setting, description of the methodology, analysis of potential impacts, and mitigation measures to avoid, reduce, or mitigate potential impacts to air quality, if necessary. The following steps will be undertaken to complete the study pursuant to guidance provided by the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook and Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning (General Plan Guidance). The Air Quality technical study will include a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. Rincon will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations in the area provide a summary of available ambient monitoring data. Rincon will also define the thresholds of significance for CEQA consideration, based on SCAQMD and City criteria and guidelines. The General Plan does not include any specific development proposals. Therefore, the analysis of temporary construction impacts will be qualitative in nature. SCAQMD thresholds for key pollutants of concern - volatile organic compounds (VOCs), nitrogen oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), respirable particulate matter (PM10), and fine particulate matter (PM2.5) —will be discussed, as will SCAQMD rules and regulations pertaining to control of construction-related emissions. The general type and size of project that may generate emissions exceeding SCAQMD thresholds will be identified, as will areas where potential future construction activity could adversely affect sensitive receivers. Rincon will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project-generated vehicle trips and stationary source emissions related to energy demand (i.e., natural gas consumption). This emission inventory will be compiled using CalEEMod and will be performed for the General Plan forecast year. Emissions will be compared to SCAQMD regional forecasts to determine whether the General Plan may have the potential to delay attainment of 34 Contract No. C33240 state or federal air quality standards. Rincon will also identify the potential for CO hot spots that may be caused or exacerbated by implementation of the General Plan as well as areas where sensitive land uses (such as residences) may be located within areas subject to exposure to elevated levels of diesel particulates or other toxic air contaminants. The analysis will consider motor vehicle volumes provided in the traffic study and the proximity of proposed sensitive land uses to high traffic levels. We have assumed that the CO hot spot evaluation will include screening level analysis of up to five local intersections. Cultural Resources Rincon will provide historic preservation, archaeological, and paleontological analysis for the Draft EIR, which will reflect the scope of issues arising from proposed General Plan update and offer strategic advice in relation to key historic preservation issues. Rincon will analyze the potential impacts of development facilitated by the General Plan against the CEQA significance thresholds for cultural resources and consider whether General Plan development may conflict with applicable goals, policies, or programs of the Archaeological & Cultural Resources Element. If deemed necessary, Rincon's cultural resources experts will provide mitigation recommendations to reduce potential impacts. Rincon will also provide recommendations for any specific research/assessments/studies regarding potential historic resources. Archaeological documentary research will include a review of relevant published scholarly literature, a search of archaeological and historic maps, records and reports for the City of Palm Desert area in the California Historical Resources Information System (CHRIS) on file at the Eastern Information Center, and a search of the California Native American Heritage Commission's (NAHC's) Sacred Land Inventory. Additionally, Rincon will consult with Historical Society of Palm Desert regarding any archaeological and Native American collections which the society may curate. Rincon will consult with appropriate Cahuilla and other Native American traditional cultural practitioners identified by the NAHC to identify places of cultural importance to tribes for which the City of Palm Desert is part of their traditional aboriginal territories. Consulted Native American representatives will be invited to identify any concerns regarding the General Plan update and cultural resources. Historical resources documentary research will include a review of relevant literature, including previous survey reports, inventories, assessments and reports available for the area through the CHRIS SCCIC as well as the City of Palm Desert and the Historical Society of Palm Desert. Records to be consulted may include but may not be limited to the recent citywide survey (2011) as well as the museum and archives maintained by the Historical Society of Palm Desert, relevant City documents(municipal codes, regulations, planning reports); historical materials (period newspaper articles, photographs, maps), and published local histories. 35 Contract No. C33240 Energy Use and Greenhouse Gas Emissions With regard to energy conservation, PMC staff will build off their previous work on the Energy Action Plan and work with the California Energy Commission (CEC) and service providers where possible to identify energy use data to characterize the existing and future energy use. Greenhouse Gas Emissions Energy demands associated with the proposed General Plan Update will be identified and analyzed against projected regional energy availability. The analysis will also determine whether the General Plan Update would cause energy to be consumed in an inefficient manner. PMC will prepare a greenhouse gas (GHG) emissions impact analysis section. We will draw heavily on GHG reduction measures and analysis completed as part of the General Plan Update. We will summarize federal, state, and local GHG-related regulations, policies, and programs, and identify Palm Desert General Plan Update policies and implementation programs that can reduce GHG emissions. In coordination with City staff, PMC will consult with the SCAQMD regarding appropriate methodologies to assess impacts. The analysis will use the most current plan-level thresholds of significance considered or identified by the SCAQMD. The determination of significance will be based on whether the level of GHG emissions generated with implementation of the Palm Desert General Plan Update would constitute a substantial contribution to the significant adverse cumulative impacts of global climate change. If the construction or operation of projects consistent with the Palm Desert General Plan Update would violate the applicable thresholds of significance, mitigation measures (quantitative and best management practices) that clearly identify timing, responsibility, and performance standards to avoid or fully reduce adverse and potentially adverse effects will be developed and applied, where necessary, using guidance from CAPCOA and SCAQMD. To the extent practical, PMC will recommend incorporating these measures as Palm Desert General Plan Update policies or implementation programs. Noise Rincon will prepare the Noise section of the EIR based on the technical noise study, which will: establish standards of significance, policies and guidelines; describe the existing setting; and analyze potential noise and vibration impacts related to construction activities, surface transportation, and other aspects of the operation of individual projects that are noise intensive or that have the potential to generate substantial noise. Potential noise increases along major roadways will be calculated and forecast noise levels will be compared to proposed standards to determine whether or not General Plan implementation would create potential noise compatibility issues. Other areas of potential noise incompatibilities (e.g., areas where residential and industrial uses abut, mixed use districts) will also be identified. As necessary, Rincon will develop mitigation measures to address any compatibility impacts, focusing on solutions related to design and use of sound-attenuating building materials. 36 Contract No.C33240 Transportation and Traffic PMC will prepare the Transportation and Traffic section of the EIR based on a technical report completed by Fehr & Peers. Fehr & Peers will summarize the previously developed existing conditions analysis for inclusion in the transportation impact study. Using the Citywide Travel Demand Model developed in Task 3, Fehr & Peers will estimate local and regional growth in transportation demand, based on future land use forecasts and known regional transportation network changes. Future land use estimates for the City of Palm Desert will be vetted with the project team and City staff prior to running the model to forecast future conditions. Future roadway traffic volumes and LOS will be estimated using the verified land use forecasts and General Plan transportation network. Transportation impacts associated with the General Plan will be evaluated in accordance with the standards identified in Phase 1. Mitigation measures will be identified to address impacts associated with the general plan. Fehr& Peers will also support the project team in its development and quantification of General Plan sustainability strategies through the following: • Assisting with the development of any GHG reduction targets. • Calculating the effectiveness of national and statewide strategies related to transportation. • Developing VMT and GHG reduction strategies related to transportation. Fehr+ Peers will then prepare a draft report for review and submittal. Water Supply With regard to water supply, PMC will use existing documentation on water supply planning for the City to address future water supply demands and the anticipated ability to provide service (i.e., 2010 Urban Water Management Plan). This will include a discussion and analysis of the possible water supply sources and associated infrastructure, competing interests and needs for water supply, and the associated environmental effects of water supply provision (consistent with State Supreme Court CEQA decision under Vineyards Area Citizens for Responsible Growth v. City of Rancho Cordova). Cumulative Impact Summary An EIR must also discuss cumulative impacts of a project pursuant to CEQA Guidelines Section 15130. PMC will prepare a cumulative analysis summary that addresses each topic covered in the environmental analysis and will identify appropriate mitigation measures for any significant impacts. The analysis will assess the cumulative impacts of implementing the Palm Desert General Plan Update relative to SCAG regional forecasts. 37 Contract No. C33240 Alternatives An EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. PMC will coordinate with City staff during preparation of the Palm Desert General Plan Update to develop and analyze up to three (3) alternatives to the proposed project, in addition to the no project alternative. Other CEQA Requirements The EIR will include other required sections, including growth-inducing impacts of the project, significant irreversible environmental effects, and a summary of significant and unavoidable impacts of the project. The growth inducement analysis will discuss ways in which the Palm Desert General Plan Update could indirectly or directly foster economic or population growth. This could include construction of additional housing or projects which would remove obstacles to population growth. Environmental Review Checklist for Subsequent Projects While not required under CEQA, PMC will include an environmental review checklist that could be adopted as part of the Palm Desert General Plan Update which would expand the City's use of the State CEQA Guidelines Appendix G checklist for future projects consistent with the Palm Desert General Plan Update by using the thresholds and mitigation identified in the EIR. The purpose of this checklist will be to identify when subsequent projects are fully or partially addressed in the environmental analysis in the Program EIR and to what extent further environmental review would be required. This checklist will be designed with items specific to Palm Desert and would utilize and cross-reference analyses in the EIR. PMC will provide the administrative draft EIR to the City for review and comment. One round of administrative draft review is anticipated. 7.5 Prepare public draft EIR PMC will incorporate one round of consolidated City comments on the Administrative Draft EIR and submit a Screencheck Draft EIR, followed by a Public Draft EIR and Notice of Availability to the City for distribution for a 45-day public comment period. PMC will file 15 copies of the Executive Summary and 15 CDs of the entire document (as preferred by the State Clearinghouse) and an NOC with the State Clearinghouse. The City will distribute the EIR to interested stakeholders and/or publish the Notice of Availability in a newspaper of general circulation. 7.6 Response to Comments and Final EIR PMC will review the comments received during the public review period on the Draft EIR. We will compile the responses to comments and make necessary changes to the Draft EIR to create the Administrative Final EIR. The Administrative Final EIR will include an introductory chapter, enumerated comment letters and public hearing 38 Contract No. C33240 comments on the Draft EIR, responses to all comments on the Draft EIR, and a listing of revisions to the Draft EIR. The Draft EIR will not be reprinted as part of the Final EIR. Any revisions to the text or analysis of the Draft EIR would be noted by Draft EIR page location within the Final EIR. PMC has provided a reasonable estimate of the level of effort required to prepare responses to comments based on our experience with similar projects. PMC will respond to comments related to the potential physical impacts of the proposed project as they relate to the analysis of the EIR within the estimated level of effort. Responses will involve explanation and clarification of the contents of the Draft EIR. New technical analysis will not be conducted as part of the response to comments. If the EIR proposes formal mitigation measures that are not otherwise addressed by Palm Desert General Plan Update policies or implementation programs, PMC will prepare a draft mitigation monitoring and reporting program (MMRP). The monitoring plan will incorporate features to monitor the success of mitigation, determine responsible parties for monitoring proposed mitigation, describe the role of the project proponent, identify guidelines and specifications for conducting monitoring and reporting results, and specify enforcement procedure for noncompliance. Upon receiving comments on the Administrative Final EIR and MMRP, PMC will revise the documents and prepare the Final EIR for distribution. The City will prepare the Findings and Statement of Overriding Considerations, if necessary. If requested by the City, PMC can prepare the Findings and Statement of Overriding Considerations on an additional time-and-materials basis. Task 7 Deliverables: • Screencheck Draft NOP (electronic) and Public Draft NOP (electronic), NOC, NOA, newspaper notice, and correspondence initiating SIB 18 consultation. • One (1) scoping meeting, split into two (2) presentations, as described above, PowerPoint presentation, comment cards • Administrative Draft EIR (three hard copies, plus one electronic) • Screencheck Draft EIR (three hard copies, plus one electronic), Draft EIR (15 State Clearinghouse submittals+electronic), one public meeting, Notice of Availability(electronic), NOC for delivery to the State Clearinghouse (electronic) • Administrative Final EIR (3 copies +electronic), draft Mitigation Monitoring and Reporting Program MMRP)(electronic), Final EIR (10 copies+electronic) Task 8: Public Review and Adoption Following the completion of the draft documents,the team will move the documents through public review and adoption process. The specific tasks are discussed below. 8.1 Planning Commission Hearings 39 Contract No.C33240 R+A will prepare for and attend up to two Planning Commission hearings on the final General Plan, Corridor Plan, and EIR. 8.2 City Council Hearings R+A will prepare for and attend up to two certification and adoption hearings on the final General Plan, Corridor Plan, and EIR with the City Council. 8.3 Preparation of Final Documents Following certification and adoption of the Palm Desert General Plan, Highway 111 Corridor Plan, and EIR, R+A will complete minor graphic and/or textual revisions to the General Plan within state law and the stated budget, at the discretion of the City. Task 8 Deliverables: • Attendance at up to 2 Planning Commission hearings • Attendance at up to 2 City Council hearings • Preparation of a single, brief (20 slide; 20 minute) presentation for use at both the City Council and Planning Commission Hearings • Preparation of the Final General Plan, Corridor Plan, and EIR (Note the level of changes are limited to the hours listed in the project budget) Task 9: On-Going Project Management R+A will serve as the Project Manager and Prime Consultant for this project. As such, R+A will work closely with City staff, manage all subconsultants, maintain the project schedule, and track project costs. R+A will communicate regularly with staff., including monthly three-hour team meetings at the City's offices, monthly(or more frequent if necessary)conference calls, and email and phone communication as needed throughout the project. In addition to regularly scheduled project management meetings, R+A will organize a series of team meetings where consultants can meet with City staff throughout the project. These meetings will be an opportunity for the team to brainstorm and work together on critical project issues. Note that the number of meetings and conference calls attended by each sub-consultant varies depending on their level of involvement in the project. Task 9 Deliverables • Monthly in-person meetings with City staff • Monthly conference calls with City staff • Ongoing email and phone communication with City staff • Topic-specific team meetings as needed, subject to budget 40 Contract No. C33240 EXHIBIT "B" SCHEDULE OF SERVICES Task Completion Date Task 1:Project Initiation 1.1 Project Initiation Meeting June 13,2014 1.2 Collect Information and Develop GIS Database June 13,2014 1.3 Kick-Off Team Meeting/Tour June 27,2014 Task 2:Community Engagement 2.1 Technical Working Group July 31,2015 2.2 Stakeholder Interviews June 27,2014 2.3 Highway 111 Corridor Plan Workshops January 30,2015 2.4 Draft General Plan Public Workshops July 31,2015 Task 3:Background Report 3.1. Review and Assess Reports, Studies, and Regulations July 14,2014 3.2 Prepare Background Report Outline July 15,2014 3.3 Admin Draft Background Report July 31,2015 City Review of Background Report August 21,2014 3.4 Traffic Model Update August 14,2014 3.5 Final Background Report September 19,2014 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives October 17,2014 City Review of Vision and Alternatives October 31, 2014 4.2 Conduct Alternatives Analysis November 21,2014 City Review of Alternatives Analysis December 12,2014 4.3 Create Final Land Use and Transportation Plan January 9, 2015 Task 5:General Plan 5.1 General Plan Outline and Policy Framework January 23,2015 City Review of General Plan Outline and Policy Framework January 30,2015 5.2 Administrative Draft General Plan Aril 17,2014 City Review of Administrative Draft General Plan May 15,2015 5.3 Screencheck Draft General Plan May 29,2015 City Review of Screencheck Draft General Plan June 19,2015 15 Contract No. C33240 5.4 Public Draft General Plan July 31,2015 Task 6:Highway 111 Corridor Plan 6.1 Framework Plan of Development and Alternatives November 7,2014 -City Review of Framework Plan and Alternatives November 14,2014 6.2 Preferred Framework and Vision Plan January 9, 2015 City Review of Preferred Framework and Vision Plan January 23,2015 6.3 Administrative Draft Corridor Plan March 13,2015 City Review of Administrative Draft Corridor Plan Aril 3,2015 6.4 Public Review Draft Corridor Plan July 3, 2015 Task 6: Environmental Impact Report 7.1 Establish Thresholds of Significance December 19,2014 7.2 Prepare Notice of Preparation January 9,2015 _30-Day Public Review Period February 9, 2015 7.3 Conduct Scoping Meeting January 23,2015 7.4 Prepare Administrative Draft Program EIR June 19, 2015 -City Review of Administrative Draft Program EIR July 10,2015 7.5 Prepare Public Draft EIR August 21,2015 _45-Day Public Review Period October 9,2015 7.6 Response to Comments and Final EIR November 13,2015 -City Review of Response to Comments and Final EIR December 4, 2015 7.7 Completion of Responses to Comments and Final EIR December 30,2015 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings January 19,2016 8.2 City Council Hearings February 25,2016 8.3 Preparation of Final General Plan March 25, 2016 15 Contract No. C33240 EXHIBIT "C" COMPENSATION f Labor Cost Compensation Summary Per Task Tasks Task 1: Project Initiation ' $ 19,790 Task 2: Community Engagement $ 61,480 Task 3: General Plan Background Report $ 161,530 Task 4: General Plan Vision and Alternatives $ 64,280 Task 5: General Plan $ 143,660 Task 6: Highway 111 Corridor Plan $ 95,740 Task 7: Environmental Impact Report $ 162,240 Task 8: Public Review and Adoption E $ 29,360 Task 9: On-Going Project Management $ 24,120 General: Management of Subconsultants $20,220 Expenses (line item—to be billed as percentage complete,not as reimbursables) $ 17,283 Grand Total $799,703 15 Contract No. C33240 EXHIBIT nC° (CONTINUED) FIRM SUMMARIES Raimi+Associates Public Senior Health Planner/ Project Hours per Task Principal Planner Specialist Designer Assistant Task 1:Project initiation 1.1 Project Initiation Meeting 2 8 1.2 Collect bnfomradon&Develop GIS Database 16 20 1.3 Kick-Off Team Meeting/Tour 8 8 Subtotal Task 1 10 16 - 16 20 Task 2:Community Engagement 2.1 Technical Working Group 8 60 40 28 2.2 Stakeholder Interviews 12 8 2.3 Highway 111 Corridor Plan Workshops 8 24 - 24 2.4 Draft General Plan Public Workshops 24 24 20 Subtotal Task 2 16 120 - 96 48 Task 3:General Plan Background Report 3.1.Review and Assess Repots,Studies,and Reg - 24 4 20 24 3.2 Prepare Background Report Outline - 8 2 3.3 Admin Draft Background Report 8 40 20 60 36 3.4 Traffic Model Update 3.5 Final Background Report 2 4 16 16 Subtotal Task 3 10 76 24 96 78 Task 4:General Plan Wdon and Alternatives 4.1 Develop Vision and Alternatives 4 24 4 24 4.2 Conduct Alternatives Analysis 4 16 12 36 8 4.3 Create Final Land Use and Transportation Pla 4 40 40 B Subtotal Task 4 12 80 16 100 16 Task S:General Plat 5.1 General Plan Outline and Policy Framework - 24 4 16 5.2 Administrative Draft General Plan 4 80 24 100 24 5.3 Screencheck Draft General Plan 4 40 40 68 36 5.4 Public Draft General Plan 2 16 48 48 18 Subtotal Tmk 5 10 160 116 232 78 Task.6:H(ghwaY ill CDFs Plan 6.1 Framework Plan Development and Alternatives 16 6.2 Preferred Framework and Vision Plan 24 16 6.3 Administrative Draft Corridor Wan 16 8 12 6.4 Public Review Draft Corridor Wan 4 4 Subtotal Task 6 - 60 - 28 12 Tarr 7s Environmental Impact Report 7.1 Establish Thresholds of Significance 4 7.2 Prepare Notice of Preparation 2 7.3 Conduct Scoping Meeting 4 7.4 Prepare Administrative Draft Program EIR 16 7.5 Prepare Public Draft EIR 4 7.6 Response to Comments and Final EIR 8 .Subtotal Task 7 - 38 - - - TadLBtpublic Review and Adoption 8.1 Planning Commission Hearings 16 8.2 City Council Hearings 16 8.3 Preparation of Final General Plan 16 24 16 Subtotal Task 8 - 48 - 24 16 Task 9:On-Going Project Management 9.1 On-Gal rig Project Management 24 96 Subtotal Task 9 24 96 Total Hours 82 694 156 592 268 Billing Rate $185 $150 $125 $100 $65 Labor Cost $15,170 r$104,100 $19,500 r$59,200 $17,420 Total Firm Labor Cost $215,390 EXPENSES Mileage and Travel Expenses 3,000 Project/Sub Management(5%) 20,220 Document Printing 1,0D0 Office Expenses Phone Fax Copies,etc. 5,385 Total E rrses 29,605 TOTAL PER FIRM $244 995 15 Contract No. C33240 EXHIBIT nCn (CONTINUED) FIRM SUMMARIES Sargent Town Planning Senior Designer/ Designer/ Hours per Task Principal Planner Illustrator Task 1:Project Initiation 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick-Off Team Meeting/Tour 8 8 8 Subtotal Task 1 8 8 8 Task 2:Community Engagement 2.1 Technical Working Group 8 8 2.2 Stakeholder interviews 8 8 2.3 Highway 111 Corridor Plan Workshops 40 40 2.4 Draft General Plan Public Workshops Subtotal Task 2 56 56 - Task 3:General Plan Background Report 3.1.Review and Assess Reports,Studies,and Regul. 4 12 3.2 Prepare Background Report Outline 1 2 3.3 Adrnin Draft Background Report 12 20 40 3.4 Traffic Model Update 3.5 Final Background Report 2 4 8 Subtotal Task 3 19 38 48 Task 4:General Plan Vhbn and Alternatives 4.1 Develop Vision and Alternatives 16 16 40 4.2 Conduct Alternatives Analysis 4 8 4.3 Create Final Land Use and Trans nation Plan 2 4 16 Subtotal Task 4 22 20 64 Task S:General Plan 5.1 General Plan Outline and Policy framework 5.2 Administrative Draft General Plan 12 20 60 5.3 Screencheck Draft General Plan 5.4 Public Draft General Plan Subtotal Task 5 12 20 60 Task 6-Nlghway 111 Corrldor Plan 6.1 Framework Plan Development and Alternatives 16 32 40 6.2 Preferred Framework and Vision Plan 32 48 80 6.3 Administrative Draft Corridor Plan 32 80 80 6.4 Public Review Draft Corridor Plan 16 40 24 Subtotal Task 6 96 200 224 Task 7:Emrl"mmentol kopect Report 7.1 Establish Thresholds of Significance 7.2 Prepare Notice of Preparation 4 7-3 Conduct Scoping Meeting 7.4 Prepare Administrative Draft Program EIR 4 8 7.5 Prepare Public Draft EIR 7.6 Response to Comments and Final EIR Subtotal Task 7 4 12 - Task 8:Public Review and Adoption 8.1 Planning Commission Hearings 8 8 8.2 City Council Hearings 8 8 8.3 Pre ration of Final General Plan Subtotal Task 8 16 16 Task 9:On-Going Project Management 9.1 On-Going Project Management Subtotal Task 9 Total Hours 233 370 404 Billing Rate $180 $150 $120 Labor Cost $41,940-$55,500 $48,480 Total Firm Labor Cast $145,920 EXPENSES Mileage and Travel Expenses 750 Project/Sub Management(5%) Document Printing r - Office Expenses Phone,Fax Copies,etc. 3,648 Tatof Emmues 398 TOTAL PER FIRM $154318 15 Contract No. C33240 EXHIBIT nCn (CONTINUED) FIRM SUMMARIES PMC Project Principal Senior Associate Assistant Tech Hours per Task Manager Planner Planner Planner Planner Edit/WP Task 1:Project Initiation 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick OffTeam Meeting/Tour 8 Subtotal Task 1 8 - - - - Task 2:Community Engagement 2.1 Technical Working Group 8 2.2 Stakeholder Interviews 2.3 Highway 111 Corridor Plan Workshops - 2.4 Draft General Plan Public Workshops 8 Subtotal Task 21 16 - - - - Task 3:General Plan Background Report 3.1.Review and Assess Reports,Studies,and Regul. 4 8 8 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 8 32 32 3.4 Traffic Model Update 3.5 Final Background Report 2 4 8 Subtotal Task 3 14 - - 44 48 - Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives 4.2 Conduct Alternatives Analysis 8 8 4.3 Create Final Land Use and Transportation Plan Subtotal Task 4 8 - - 8 - Task 5:General Plan 5.1 General Plan Outline and Policy Framework 24 4 16 40 5.2 Administrative Draft General Plan 8 2 8 16 5.3 Screencheck Draft General Plan 4 2 8 5.4 Public Draft General Plan 8 8 Subtotal Task 5 44 - 16 24 64 - Task 6:Highway 111 Corridor Plan 6.1 Framework Plan Development and Alternatives 6.2 Preferred Framework and Vision Plan 6.3 Administrative Draft Corridor Plan 6.4 Public Review Draft Corridor Plan Subtotal Task 6 - - - - - - Task 7:Environmental Impact Report 7.1 Establish Thresholds of Significance 2 4 2 7.2 Prepare Notice of Preparation 4 4 6 2 7.3 Conduct Scoping Meeting 12 2 7-4 Prepare Administrative Draft Program EIR 80 40 120 150 36 7.5 Prepare Public Draft EIR 42 20 80 100 12 7.6 Response to Comments and Final EIR 48 20 40 20 8 Subtotal Task 7 188 84 - 244 276 62 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings 8 8.2 City Council Hearings 8 8.3 Preparation of Final General Plan Subtotal Task 8 16 - - - - - Task 9:On-Going Project Management 9.1 On-Going Project Management 32 Subtotal Task 9 32 - Total Hours 326 84 16 320 388 62 Billing Rate $165 $195 $130 $110 $90 $75 Labor Cost $53,790 $16,380 $2,080 $35,200 $34,920 $4,650 Total Firm Labor Cost $147,020 EXPENSES Mileage and Travel Expenses 1,000 Project/Sub Management(5%) - Document Printing 1,500 Office Expenses(Phone,Fax,Copies,etc.) 1,000 7otd E rues 3,500 TOTAL PER FIRM $150,520 15 Contract No.C33240 EXHIBIT"C" (CONTINUED) FIRM SUMMARIES Fehr+Peers MR+E Senior Planner/ Graphics/ Hours per Task Principal Planner Engineer Admin. Principal Task 1:.Project Initiation 1.1 Project Initiation Meeting 4 4 1..2 Collect Information&Develop GIS Database - 4 16 1.3 Kick-Off Team Meeting/Tour 4 8 8 Subtotal Task 1 8 12 - 16 12 Task 2-Community Engagement 2.1 Technical Working Group 2.2 Stakeholder Interviews 8 2.3 Highway 111 Corridor Plan Workshops 4 4 8 2.4 Draft General Plan Pudic Workshops 4 4 4 Subtotal Task 21 8 8 - - 20 Task 3:General Plan:Background Report 3.1.Review and Assess Reports,Studies,and Regulations 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 8 16 16 4 40 3.4 Traffic Model Update 48 160 280 80 3.5 Final Background Report 2 Subtotal Task 3 56 176 2916 84 42 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives 4 4 2 4.2 Conduct Alternatives Analysis 1 8 16 2 40 4.3 Create Final Land Use and Transportation Plan 16 16 4 Subtotal Task 4 28 36 - 8 40 Task S:General Plan 5.1 General Plan Outline and Policy Framework 5.2 Administrative Draft General Plan 16 32 60 24 16 5.3 Screencheck Draft General Plan 8 16 24 8 5.4 Public Draft General Plan 8 16 24 16 Subtotal Task 5 32 64 108 48 16 Task 6:.Mgkway 111 Corridor Plan - 6.1 Framework Plan Development and Alternatives 4 6.2 Preferred Framework and Vision Plan 8 6.3 Administrative Draft Corridor Plan 12 20 6.4 Public Review Draft Corridor Plan Subtotal Task 6 24 - - 20 Task 7:Emdronnowtai Impact Report 7.1 Establish Thresholds of Significance 4 8 7.2 Prepare Notice of Preparation 7.3 Conduct Scoping Meeting 7.4 Prepare Administrative Draft Program EIR 24 64 120 24 7.5 Prepare Public Draft EIR 8 16 7.6 Response to Comments and Final EIR Subtotal Task 7 36 88 120 24 Task B-Public Reidew and Adoption 8.1 Planning Commission Hearings 16 8.2 City Council Hearings 16 8.3 Preparation of Final General Plan 16 Subtotal Task 8 48 - - Task 9:On-Going Project Management 9.1 On-Going Project Management Subtotal Task 9 Total Hours 240 384 524 180 150 Billing Rate $225 $160 $135 $115 $180 Labor Cost r$54,000 $61,440 $70,740 $20,700 $27,000 Total Firm Labor Cost $206,880 $27,000 EXPENSES Mileage and Travel Expenses - $0 Project/Sub Management(5%) - Document Printing - - Office Expenses Phone Fax Copies,etc. Total E uses TOTAL PER FIRM 1 $206 880 $27,- 15 Contract No. C33240 EXHIBIT "Cn (CONTINUED) FIRM SUMMARIES Rincon Consulting Sr. Hours per Task Principal Associate Associate Graphics Task 1:Project"Nation 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick-Off Team Meetingfrour Subtotal Task 1 - - - Task 2:CommunRy Engagement 2.1 Technical Working Group 2.2 Stakeholder Interviews 2.3 Highway 111 Corridor Plan Workshops 2.4 Draft General Plan Public Workshops Subtotal Task 2 - - - Task 3:General plan Background.Report - 3.1.Review and Assess Reports,Studies,and Regulations 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 4 12 32 4 3.4 Traffic Model Update 3.5 Final Bac round Re art Subtotal Tosk 3 4 12 32 4 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives 4.2 Conduct Alternatives Analysis 4.3 Create Final Land Use and Transportation Plan Subtotal Task 4 - - - Task S:General Plan 5.1 General Plan Outline and Policy Framework 5.2 Administrative Draft General Plan 4 10 20 2 5.3 Screencheck Draft General Plan 5.4 Public Draft General Plan Subtotal Task 5 4 10 20 2 Task 6:Highway 111 Corridor Plan 6.1 Framework Plan Development and Alternatives 6.2 Preferred Framevrork and Vision Plan 6.3 Administrative Draft Corridor Plan 6.4 Public Review Draft Corridor Plan Subtotal Task 6 - Task 7:Environmental knpact Report - 7.1 Establish Thresholds of Significance 7.2 Prepare Notice of Preparation 7.3 Conduct Scoping Meeting Z4 Prepare Administrative Draft Pmgmm EIR 4 8 36 4 7.5 Prepare Public Draft EIR 2 2 6 7.6 Response to Comments and Final EIR 2 4 6 Subtotal Task 7 8 14 48 4 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings 8.2 City Council Hearings 8.3 Preparation of Final General Plan Subtotal Task - - - - Task 9:6n-Going:project Management 9.1 On-Going Project Management Subtotal Task 9 Total Hours 16 36 100 30 Billing Rate $180 $135 $115 $75 Labor Cost $2,880 $4,860 $11,500 $750 Total Firm Labor Cost $19,990 EXPENSES Mileage and Travel Expenses - Project/Sub Management(5%) - Document Printing - Office Expenses Phone,Fax,Copies,etc. Total E rases TOTAL PER FIRM $19 990 15 Contract No. C33240 EXHIBIT"C"(CONTINUED) HOURLY BILLING RATES o Principal $185 N Senior Planner $150 + Public Health Specialist $125 E ca Planner/Designer $100 Project Assistant $65 E-' Principal $180 o � Senior Designer/Planner $150 ~ a Designer/Illustrator $120 Project Manager $165 Principal Planner $195 U Senior Planner/Facilitator $130 n. Associate Planner $110 Assistant Planner $90 Web Developer/Graphics $95 Tech Edit/WP $75 Principal $225 m Senior Planner $160 aD IL Planner/ Engineer $135 ii Graphics/ Admin. $115 w Cl Principal $180 rn Principal $180 o` $135 Sr.Associate c c iE o Associate $115 0 Graphics $75 15 y CITY OF PALM DESERT comment[Al]: PROFESSIONAL CONSULTANT SERVICES AGREEMENT CONTRACT NO. C33240 1. Parties and Date. This Agreement is made and entered into this 25th day of Agri1, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Raimi + Associates ("Consultant'), a California corporation, 3600 Lime Street, Suite 226, Riverside, California 92507. City and Consultant are sometimes individually referred to herein as "Party" and collectively as"Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is ffcensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional planning services for the update of the City of Palm Desert Comprehensive Plan and preparation of the associated Environmental Impact Report, Contract No. C33240, ("Project') as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning services required herein necessary for the Project ("Services"). The Services are more particularly l� described in Exhibit "A" attached hereto and incorporated herein by reference. J Consultant shall exercise due professional care to provide that Aall Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. A Contract No. C33240 3.1.2 Term. The term of this Agreement shall be from April 25, 2014 to April 25, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for tr others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers'compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a fJ timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. Consultant and City both acknowledge that Consultant shall not be responsible for delays beyond Consultant's reasonable control. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant G I� shall be subject to the approval of City which shall not be unreasonably withheld. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or 2 Contract No. C33240 timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP, Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; and Mr. David E. Bergman, AICP, Principal, MR&E. 3.2.5 City's Representative. The City hereby designates Ms. Lauri Aylaian, Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Council is the only authorized body that can approve increasing the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew Burris, AICP, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warfants D (� represents that all employees and subconsultants shall have sufficient skill and 1 experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any 3 Contract No. C33240 employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA I " ts, and shall give all notices required by law. Consultant shall be liable for all i4 ne li ent violations of such laws and regulations in connection with Services.-4 - forms an irk-kRew -4t- o be-Gentr such--laws-rules and A_R.G,lIt._;;Rt shall be solely FespeRsible for all Gests arising therefFE)FA. GORIBultant shall defend, indemnify and hold City, its offiGials, d;FeGtgrs, offiGer-6-, employeels, agents, and volunteers free and harmless, laursuant to the indernnifiGation alleged failure to GGMPIY with suGh laws, rules or regulatie _- Comment[A2]:We'd prefer to contain all indemnity language in Article 3.5.6.6 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it Cam rent[ Dave,I don't care w the requirement is(here in Arti 6,but I has provided evidence satisfactory to the City that it has secured all insurance required notice that they just ateairt' they didn't under this section. In addition, Consultant shall not allow any subconsultant to it in 3 5 6 er to you as to whether or [n�th. recommence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any ewpeo, hired, - Comment[A4]:Do not Remove the word non-owned or rented vehicles, in an amount not less than $1,000,000 combined single °owned".sYA limit for each accident, yt- n 4 Contract No. C33240 P j _- Comment[AS]:Okay to remove this aggregate. ARy P9l'GY inoeptien date, GOntinuity date, oF retiroaGtive date must be. betAF9- --� requirement.SYA Goverage through a peried RG less than three years after GOrnpletiGR of the GeNi work to be pei4ormed under the Agreement an delete aRY eXGlw6'9n6 that rAay Gr an extended repei4ing peried will be fA-.r -P periGd of at 19a6t three (3) years Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. 5 Contract No. C33240 City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor QQV does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages 3f69 ,_- Comment[A6]:Lori-Okay to remove this shall be primary and any other insurance, deductible, Or Self- wording as we are eliminating Professional Liability requirement.SYA insurance maintained by the indemnified parties shall not contribute with this primary Comm :Dave,I don't know the insurance. Policies shall contain or be endorsed to contain such provisions, difference betwee and non- contributing insurance,so I w whether Requirements Not Limiting: Requirements of specific coverage features or limits or not I care about this one. contained in this Section are not intended as a limitation on coverage, limits or other F°�"'atted`Font: d,No underline requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to eb4�eouire its insurance agent or broker and insurers to provide to City with a thirty(30)day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds 6 Contract No. C33240 with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all ^" ^^ reasonable --- ---ions for the safe of em to ees Comment[A8]:Dave,I guess I'm OK with all Pe�sa, g P--- - - --fort-- - e --- -p- y-- appropriate to the nature of the work and the conditions under which the work is to be saying reasonable precautions,but I think we should leave in the word"all."�fr performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Consultant shall not be responsible for the safety practices or actions of Cie--- others not covered by this Agreement at any project site or location. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seven hundred ninety-nine thousand seven hundred 7 Contract No. C33240 and three dollars ($799,703) without authorization of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council. 3.3.5 Rate Increases. In the event that this contract is extended beyond the date specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the time of renewal in accordance with the change (increase or decrease) in the Riverside County Consumer Price Index for the previous twelve months. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City N during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written 8 Contract No. C33240 notice to Consultant of such termination, and specifying the effective date thereof, at least seven-{74ten 10_ _l days before the effective date of such termination. Prior to termination due to cause, City will make reasonable effort to provide notice and opportunity for Consultant to correct any default. Upon termination, Consultant shall be compensated ep*for those services which have been adequately rendered to City„ aad—Consultant shall be entitled to no furt a and reasonable expenses for transfer of materials to the Cit Consultant_m__ay_--- ,mment tA91:I don't mind the changes in g pt f �e�� contract language. It's too ambiguous and not terminate this Agreement exce or cause. this paragraph,except for the"closure of the open-ended. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15)days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Raimi+Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Attn: Mr. Matthew Burris, AICP, Senior Associate City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Ms. Lauri Aylaian, Director of Community Development Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, 9 Contract No. C33240 physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents& Data. Consultant makes no such representation and warranty in regard to Documents& Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents& Data at any time, provided that any such use not within the purposes intended by this Agreeme t yw w`a� shall be at City's sole risk. The non-exclusive and perpetual license shall not be granted until completion of the project and receipt of final payment by the Consultant. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Maintenance of confidentiality by the Consultant excludes any disclosure OY_ required for Consultant to comply with pertinent laws Nothing 5a,3XYV9 furnished to Consultant which is otherwise known to Consultant or is generally known, p� !' or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. All information and documents that are provided to the City by the Consultant are considered public information._ a Ve �G R afis+ Comment[A10]:We'd prefer to contain all^ indemnity language in Article 3.5.6. 3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, Comment[Ali]:Dave,I don't care where the requirement is(here or in Article 3.5.6,but I and shall take any additional acts or sign any additional documents as may be notice that they just eliminated it here and didn't necessary, appropriate or convenient to attain the purposes of this Agreement. add it in 3.5.6. 1 defer to you as to whether or not the requirement is necessary. 3.5.6 Indemnification. 10 Contract No. C33240 3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend- indemnify but shall have no obligation to defendand held the City, its directors, officials, officers, employees, and designated volunteers from any , equity, liability for damages to property or persons, including wrongful death, to the extent actually caused b any negligent acts, errors or lr�e omissions, or will#ul -misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, \0 \� ether related G96ts and expeRse6. Notwithstanding the foregoing, to the extent Q(uQ6 Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity \ �� shall be limited, to the extent required by Civil Code Section 2782.8, to liability for damages to the extent actually caused by the negligence, recklessness, or wi'Iful misconduct of the Consultant. To the extent permitted by law, City shall indemnify but shall have no obligation to defend the Consultants, its directors, officers, employees, and designated volunteers from any liability for damages to property or persons, including wrongful death, to the U extent actually caused by any negligent acts, errors or omissions, or misconduct of City, its officials officers employees, subcontractors consultants or agents in connection with the performance of the Consultant's Services, the Protect or this Agreement. 3.5.6.2 Additional Indemnity Obligations. To the fulleist extent peFMi expense and risk, aRy and all Glail`1`16, 61:1146, aGtiens or ether PFOGeedings of every a� ff:Gffial. elfiGeFe, emple. ee6 volunteers and eRtS. To the extent caused by the � �'p'n above, Consultant shall pay and satisfy any judgment, award or decree that may be h rendered against City or its directors, officials, officers, employees, and designated volunteers a►�d-ager�as part of any such claim, suit, action or other proceeding. To ( 7� rarti�z- few the extent caused by the above, Consultant shall also reimburse City for the cost of any P bh lnTy settlement paid by City or its directors, officials, officers, employees, age4ts-or pC` y fY designated volunteers as part of any such claim, suit, action or other proceeding.!Se* l Is--nffiEerm- e- v\ Consultant's obligation to indemnify shall not be restricted to insurance omment[Al2]:Dave,When they delete the �1.-------------�--- -y_-_------ r imbursement orn 'sfees rLsancT� proceeds, if any, received by the City, its directors, officials officers, employees, agents, el where), ' deterring to to determine if or volunteers. that ptable to us. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing 11 Contract No. C33240 signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction: References; Captions. �ee i,A . aRy RaFty. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, i yagents, and designategrvolunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. ` 12 E Contract No.C33240 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated in Consultant's proposal dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT RAIMI +ASSOCIATES 13 Contract No. C33240 By: By. Mayor or City Manager Matthew Raimi, Principal ATTEST: By: Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: Best Best& Krieger LLP City Attorney 14 Contract No. C33240 EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Initiation In this task, the Raimi +Associates (R+A)team will initiate the project, meet with City staff, and tour the City. This task includes the following sub-tasks: 1.1 Proiect Initiation Meeting R+A will meet with City staff to initiate and organize the project. During this meeting, participants will review and discuss the scope of work and the overall schedule, develop a detailed three-month project schedule, and review the current planning-related activities in Palm Desert relevant to this update process. A key component of this meeting will be to discuss the City's objectives and review and refine the Scope of Work, if needed. Additionally, R+A and the City will clarify roles and expectations, establish communication portals for information sharing and future discussions, discuss billing logistics; and share background information and materials. 1.2 Collect Information and Develop GIS Database City staff will provide the R+A team with all of its existing data, reports, and studies relevant to the General Plan update. Critically, R+A will collect existing GIS data from the City. We expect that the City will have, at minimum, the following data in GIS-based shapefiles: existing land use, general plan land use, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel,street centerlines, and County assessor data. R+A will collect additional information on Palm Desert including data from the US Census, the Riverside County Department of Public Health, SCAG, CVAG, and various State of California departments. Finally, R+A will create a base map of the City for use by the team throughout the project. R+A will prepare the base map in Adobe Illustrator and GIS (ESRI ArcMap 10) using high resolution aerial photos provided by the City and from GIS. 1.3 Kick-off Team Meeting/Tour Key members of the R+A Team will visit Palm Desert for a kick-off meeting and City tour. Note that some team members may only attend part of the kick-off meeting. The kick-off meeting will have three primary components: 1. Team meeting with City staff and the R+A Team. 2. Tour the city with City staff. 3. Meetings with individual department directors or staff. 15 Contract No. C33240 Task 1 Deliverables: • Project Initiation Meeting • Refined General Plan Work Plan and Schedule • Base Map of City • Kick Off Meeting and City Tour • Document and Data request Task 2: Community Engagement The R+A Team will work with the City to implement a public outreach process to ensure a transparent and efficient planning process. The tasks included in the scope represent R+A's idea for reaching the full spectrum of Palm Desert community members, but will ultimately be refined in the Community Engagement Plan after working directly with City staff. R + A will be the primary leader for the public outreach and visioning tasks described below, with continuous involvement by R+A in all efforts to ensure all team members gain first-hand understanding of the community's vision. 2.1 Technical Working Group The City will appoint a General Plan Technical Working Group (TWG) to support the General Plan update. Ideally, the group would consist of approximately 15 members. The R+A team will attend and facilitate one Technical Working Group meeting per month for crucial phases of the project, totaling approximately 14 meetings since meetings are not needed during certain phases of the project. The TWG may not need to meet in person on a monthly basis, but rather should meet regularly during key periods of data gathering and policy review, while checking in via conference line or email during months where the R+A Team is working on specific tasks. This will help prevent committee fatigue and provide potential TWG members with a more manageable time commitment to the project. R+A will kick off the Technical Working Group at the first meeting by reviewing the project purpose; discussing the contents and state requirements for the General Plan, the Highway111 corridor plan, the traffic model, and EIR; establishing the group's ground rules and role in the process; and reviewing the community engagement program and project timeline. The TWG will provide feedback at the following key project milestones: • Project kick-off • Community vision • Key issues • Technical background studies • Key policy approaches • Land use and circulation alternatives 16 Contract No. C33240 • Corridor Plan development • Public review draft General Plan The R+A project team will provide a facilitator and the project manager, in addition to other needed technical staff for presentations, and prepare meeting agendas, presentations, and summaries for each meeting. 2.2 Stakeholder interviews R+A team members will conduct up to 8 one-on-one meetings with key members of the City Council, Planning Commission or community at the beginning of the process to obtain a better understanding of the project issues, the strengths of the City and their vision for the City. 2.3 Highway 111 Corridor Plan Workshops R+A believes the development and evolution of the Highway 111 corridor is critical to Palm Desert and is thus worthy of a substantial public outreach effort. The R+A Team will develop meeting parameters and provide guidance for the City to follow in efforts to conduct a series of public meetings. The focus of these parameters will be to provide uniformity in presenting information, facilitating dialogue, garnering input, and fostering consensus. Workshops will be creative forums in which a free flow of ideas can take shape toward a common purpose. The challenge of these meetings will be to ensure adequate and broad-based participation in order to avoid homogenous or narrow input. To make sure that all voices are heard, the R+A Team will supplement the public meeting presentations with Turning Point software. Turning Point is designed to work on top of Microsoft PowerPoint. Participants are given a credit card size infrared voting device that allows them to anonymously vote on issues, survey questions, and ranking/prioritization questions. Results appear immediately as a compiled bar or pie chart on the slide. Because voting is anonymous, it prevents a vocal person from dominating the meeting with their ideas and supports "one voice one vote." It also enables the meeting facilitator to have a more dynamic discussion as follow-up to the results. The agendas and approach for each workshop will be developed in collaboration with the City to identify the best format based on the audience, information to be presented, and input needed. The R+A Team will share lessons learned and best practices to assist in the decision making process. The R+A Team will conduct the following four public workshops at key project milestones: Workshop No. 1 - Background Information/Visioning: In this workshop, which may be scheduled on a Saturday for a 3 to 4 hour block, the Team would make an opening presentation that includes a summary of the existing conditions analysis and a range of corridor precedents that may serve as models for elements of the Highway 111 Corridor 17 Contract No. C33240 plan. Following this presentation, participants will be invited to ask questions and offer comments, and then be asked to break into smaller groups to discuss opportunities and constraints in the Plan Area. Base maps of the Plan Area would be provided at the group tables and posters of the analysis and precedents could be hung around the walls of the workshop space. Team members will facilitate discussions and provide information. At the end of the workshop, group representatives will report their results to the assembly. Immediately following the Workshop, the team will hold a debrief meeting with City staff and the TWG. Workshop No. 2 - Public Realm Framework Plan and Development Types: Building off the public input received during Workshop No. 1, this workshop will focus on establishing a framework for pedestrian-friendly streets and sidewalks, focusing on streetscape and building frontages. During this workshop, the R+A team will also begin to explore appropriate development types for different segments of the Highway 111 Corridor. Workshop No. 3 - Preferred Land Use Alternative: Building on the community input received in Workshop No. 2, a draft land use plan that assigns specific development types and intensity ranges to each sub-area of the Plan (or segment of the Corridor) will be presented and discussed (See Task 6 for more detail on the draft land use plan). Workshop No.4 - Public Review Draft Highway 111 Corridor Plan: This workshop will focus on key components of the Public Review Draft Corridor Plan. 2.4 General Plan Workshops In addition to the community workshops focused on the Highway 111 Corridor Plan, R+A will conduct two community workshops on the General Plan once the Public Draft has been prepared and released: Workshop No. 5 - Public Review Draft General Plan Update: This workshop will present the Draft General Plan to the public. The primary intent of this workshop will be to brief the public on the highlights of the plan and receive informal feedback. This workshop be held in an Open House format to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Public Draft General Plan. Workshop No. 6 - Public Review Draft EIR: The second General Plan workshop will focus on the Draft Environmental Impact Report. The intent of this workshop will be to brief the public on the content and implications of the Draft EIR. An Open House format will be used to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Draft EIR. Task 2 Deliverables: I 18 Contract No. C33240 • Technical Working Group meeting presentations, materials, and summaries for 14 meetings (note, number of in person meetings may be reduced with additional budget made available for other participation opportunities) • Up to 8 stakeholder meetings • Four Corridor Plan Workshops • Two General Plan Workshops • Public workshop agenda and approach memorandum, meeting materials, facilitation services, and workshop summaries Task 3: General Plan Back Ground Investigation During the early phases of the project, the R+A team will prepare an existing conditions report focusing on topics of critical importance to the City and the General Plan Update. The existing conditions will describe current trends and baseline data for these particular topics while exploring and analyzing key issues that impact the City and its community members. R+A will package the Background Investigation as a Technical Background Report, which will ultimately serve as the existing conditions section of the EIR. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. 3.1 Review and Assess Reports, Studies, and Regulations A critical starting point for this project will be to review and assess the recently prepared Strategic Plan, as well as other planning reports and documents, to understand the vision of the City and to identify any gaps in data collection and analysis. In addition, R+A will gather information on existing City planning, economic development, transportation, and sustainability policies to understand the current policy context. This will allow R+A to build off the considerable work that has been completed to date by the City and to ensure that both the existing conditions and the General Plan policies are consistent with the City's vision and values. 3.2 Prepare Background Report Outline The R+A team will prepare an outline of the Technical Background Report and work with City staff to refine the structure. 3.3 Admin Draft Background Report During the first phase of the project, the R+A team will develop a comprehensive Background Report to explore and document the existing conditions in Palm Desert. The report will analyze and present information about past and current conditions in the City, input collected during previous community outreach activities, and future trends in the City, County, region, and State. The report will provide a backdrop for the General Plan and serve as the existing setting section of the EIR. Each section will also include a subsection identifying the existing conditions of the Highway 111 Corridor Plan area as well, to simultaneously lay the groundwork for the Corridor Plan. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the 19 Contract No. C33240 highlights into the final Background Report. While the exact content and structure of report will be discussed with staff, we expect it to include the following information: A. Demographics and socio-economics. This chapter will present basic information about the City including the size of the City, the population characteristics (e.g., age, gender, race/ethnicity, etc.), educational attainment levels, and income. The chapter will also focus on the location of socioeconomic disparities in Palm Desert and how the City compares to other nearby/comparable communities and Riverside County as a whole. B. Land use and urban design analysis. This chapter will present an analysis of the built environment of Palm Desert and will be comprised of: 1. Land use analysis including existing land uses, general plan designations, zoning, past and future growth trends, recent and proposed development projects,and an analysis of existing planning documents. 2. General Plan effectiveness, assessing the City's progress in achieving the goals in the 2004 General Plan and considering which components of the existing framework should be preserved. 3. Urban design analysis including views, vistas, scenic resources, gateways, major geographic features, major community features, natural land form features, and open space. R+A will address how these features enhance the area and how might they be improved to provide a stronger identity for the community. 4. A mapping of the neighborhoods, districts, and corridors in the City to identify and categorize a typology of places based on the land use, urban form, and character of each area. As part of the analysis, R+A will identify undeveloped or underutilized land in the City and the growth potential using existing zoning regulations. C. Transportation and circulation. Fehr & Peers will prepare a background report summarizing existing mobility conditions, which will include an inventory of transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary of their current operation. The report will include a functional classification of City streets; an inventory of existing signalized intersections; collision statistics in the City over past five years; pertinent traffic and travel information available from the City, SCAG, CVAG, the US Census, and other sources; existing transit services and facilities; existing bicycle facilities; and existing pedestrian facilities. Additionally, because mobile source greenhouse gas emissions (GHG) make up a large portion of the City's total GHG output, innovative mobility policies will be a vital component of the General Plan Update. To ensure that the project team and City staff are made aware of the latest developments in transportation planning, Fehr& Peers will conduct a review of best practices to guide the preparation of the Mobility Element. Some potential Transportation Best Practices could include: complete streets; multi- modal level of service (MMLOS); Layered Networks; and alternative vehicular networks. Fehr& Peers will collect existing transportation data for use in this study. Fehr& Peers 20 Contract No. C33240 will use existing traffic counts from other studies but new traffic counts will likely be required. The scope and budget assume that Fehr & Peers will conduct peak period traffic, pedestrian, and bicycle counts at up to 40 signalized intersections and 24-hour machine traffic counts on up to 40 roadway segments. E. Market conditions. MR+E will prepare a market conditions assessment for Palm Desert. The chapter will lay the foundation for a plan that promotes investment, is financially feasible, and can be implemented. This will include an estimate of real estate demand potential (housing and commercial uses), economic development opportunities, and other economic trends. This task will be comprised of three steps: 1. Preparing a market demand analysis of the potential for employment, housing, and commercial development. 2. Identifying opportunities and catalyst sites and formulating public-private financing and implementation plans. 3. Working closely with the community to identify the concerns and potential benefits of new development in the City. As part of this task, the R+A Team will interview representatives of regional economic development agencies, key employers, developers, property owners, brokers, and other stakeholders to understand the competitive advantages and disadvantages for economic development in the City. The information above will be included in the Market Conditions chapter of Background Report. F. Health. R+A will prepare a Health Chapter that discusses key issues and opportunities for the relationship between community health and the built environment. The chapter will present a brief summary of the literature on the relationship between health and planning, key indicators of health and equity, and opportunities for changes that may improve health conditions, social equity, and environmental justice in the community. The health-related topics that may be covered, pending the availability of information, are overall health and wellness, physical activity levels, exposure to substantial concentrations of air pollutants, exposure to toxics and hazardous materials, access to nutritious foods and a retail food environment analysis, access to health care and health facilities, access to parks and open spaces, mental health services, and transportation safety. This information will form the basis for a "Rapid" Health Impact Assessment (HIA) of the General Plan alternatives and can be used to support other studies such as the HIA on the oil well facility. G. Climate change. R+A will prepare a chapter that summarizes existing conditions and trends for climate change, adaptation and sustainability. The chapter will summarize the GHG emission inventory for the City and highlight sectors where policy changes could produce significant GHG reductions. In addition to climate and GHG emissions, the chapter will focus more broadly on measures of sustainability including water use and conservation, solid waste reduction, green building policies, procurement practices and other measures. 21 Contract No. C33240 H. Parks and public facilities. This section will examine the amount, location, and condition of parks, recreation facilities, civic buildings, and community centers. The section will also examine the status of police and fire facilities, public safety, and service calls. 1. Natural environment, resources and conservation. PMC will conduct an assessment of natural environment conditions in and around Palm Desert including natural open spaces, and natural resources. This discussion will include biological resources, geologic resources, natural hazards, and mineral resources. As part of the assessment, the team will analyze the policies encouraging the preservation and enhancement of these resources. J. Noise. This chapter will present the existing noise environment of the City. It will include a review of the history of noise-related complaints received by City staff over recent years, a survey of the City to identify noise sources and sensitive land uses, and 15- to 30-minute noise measurements from up to ten locations within the City. Once measurements are taken, Rincon will analyze traffic noise levels; develop a table of noise contour distances for major arterials, prepare a noise contour map for major noise sources, and prepare a summary of the key noise issues for the City. K. Cultural Resources. Palm Desert is part of a region that has seen human occupation for thousands of years. According to the City's Archaeological & Cultural Resources Element, 138 archaeological sites have been identified and recorded in the Palm Desert planning area, 125 of which are prehistoric (Native American) sites. The City also has a number of historic structures dating from the late 1940s and early 1950s. These are concentrated around the urban core of the City, although structures of similar vintage are likely to be found in outlying communities, such as Thousand Palms and Cahuilla Hills. For historic structures, or historic-period archaeological remains dating before 1940, the most sensitive areas within the planning area are along the Colorado River Aqueduct, between the Indio Hills and the Southern Pacific Railroad, and around the original community of Palm Village north of Highway 111. The City currently reviews development proposals for their potential impacts to archaeologically and historically significant resources and may require additional studies if the potential for damage to resources is identified. Rincon will review the existing historical, archaeological, and paleontological conditions within the City. As part of this effort, Rincon will describe the existing historical, archaeological, and paleontological setting within the City by reviewing existing City resources, the current Archaeological &Cultural Resources Element, relevant literature, previous surveys and inventories of recorded historical, archaeological, and paleontological resources, historic maps of the area, and available historic photographs and aerials views. As part of this effort, Rincon will provide recommendations for the continued identification, designation and protection of the City's cultural resources. 3.4 Traffic Model Update 22 Contract No. C33240 As part of Background Report effort, Fehr & Peers will detail the latest version of the Riverside County Model (RIVTAM) to provide additional detail within the City of Palm Desert. This model has been reviewed by CVAG Staff and is required for use in all projects in the Coachella Valley based on an MOU between CVAG Staff and Riverside County Staff. This additional detail would include more defined TAZ's and roadway networks. A Base Year (Validation) and Future Year (General Plan Buildout) model would be developed. Fehr & Peers will also coordinate with Riverside County Staff to facilitate their review and approval of the model, as required by CVAG Staff and Riverside County Staff. Prior to its use, Fehr & Peers will validate the detailed Base Year Model for RIVTAM to match available traffic count data. Fehr & Peers will apply standardized criteria for the validation process as developed by FHWA, Caltrans, and other agencies. An AM Peak Hour, PM Peak Hour, and Daily model will be developed for use in the General Plan roadway network and Environmental Impact Report analysis. Once the Base Year Model is validated, Fehr & Peers will prepare a draft report summarizing the findings of the validation for submittal to the City and Project Team. Once land use forecasts are available, Fehr & Peers will develop a Future Year Travel demand model which will be used for the General and Environmental Impact Report. 3.5 Final Background Report Following the delivery of a single, consolidated set of comments from City staff, the R+A team will prepare a final Background Report that can be released to the public. Task 3 Deliverables: • Background Report Outline • Admin Draft Background Report • Final Background Report • Detailed City of Palm Desert Traffic Model Update Task 4: General Plan Vision and Alternatives Following the review and approval of the Background Report, R+A will lead the City through an effort to confirm the long term vision, the goals for the City and to develop physical and policy alternatives that respond to the issues and trends identified during the previous task. This effort is expected to confirm the vision and direction for the majority of the City and a majority of topics and then focus on areas where further discussion is needed. For land use, this could mean focusing only on a few areas of the City while the majority of areas are "areas of preservation" where limited change is expected. 4.1 Develop Vision and Alternatives The first step in the process is to develop the citywide vision and General Plan goals. 23 Contract No. C33240 During the process, the R+A team will conduct a thorough review of recent plans, such as the Strategic Plan. Significant work has been completed and it is imperative that this excellent work be the starting point for developing the vision, goals and plan alternatives as this process will identify locations and topics where there is clear policy direction, areas where no direction exists and areas where there is conflicting policy direction. The vision will be developed through working closely with the Technical Working Group and consideration of information received through the early Highway 111 Corridor Plan Workshops. The result of this task will be the following: • Compilation of work done to date to prepare a citywide vision and policy direction • Draft Vision statement • Citywide goals by topic • Identify key policy issues to be addressed • Identify policy alternatives to address potential key issues. These will focus on policies improve livability and walkability in the City, but will also include other topics such as economic development and public facilities and services • Land use alternatives for areas of the City where there is a potential for future change. The areas of potential change will likely include commercial corridors, the downtown, potential sites to meet RHNA housing needs, and other areas where future commercial uses may be possible • Transportation alternatives to address key policy issues such as increasing active transportation or multi-modal/"complete"streets 4.2 Conduct Alternatives Analysis The R+A team will prepare a "matrix-level" analysis of alternatives that compares the various land use and policy alternatives, with an emphasis on climate-oriented policies. Where possible, the R+A team will use quantitative measures. The topics expected to be covered in the matrix-level analysis are land use (land use by type, housing units, population), market (jobs by type), transportation, sustainability and environment, and public health. Specifically, the alternatives analysis will include the following: • Growth projections. R+A, with assistance from other team members, will prepare forecasts of land use, population and employment changes that are expected to occur in the City during the planning horizon of the General Plan. These estimates may be based solely on growth projections from SCAG or may be based on another methodology recommended by R+A. • Economic analysis. For each land use and for key policies scenario, MR+E will build a static fiscal impact model to measure the costs and revenues for the City's General Fund. This will include the following sub-tasks: o Development of assumptions for analysis. MR+E will collect current fiscal and demographic data for Palm Desert, including the City's budget for the 24 Contract No. C33240 most recent fiscal years and additional tax and revenue information, such as sales and property tax rates. o Analysis of ongoing revenues to the City. For each land use scenario, MR+E will estimate major revenues generated, including property tax, transfer tax, vehicle license fees, and sales tax. o Analysis of ongoing costs to the City. For each land use scenario, MR+E will calculate the additional General Fund costs to provide municipal services. To assess costs, MR+E will conduct interviews with the heads of key departments (including Fire, Police, Parks, and Public Works). • Transportation analysis. Fehr& Peers will conduct a qualitative analysis of up to three land use alternatives. Alternatives may reflect different allocations of the total growth forecasts, though they will all maintain the same overall amount of change. • Noise. Rincon will also support the alternatives analysis by analyzing the future noise environment in the City with and without the project alternatives and will prepare a noise contour map for the preferred alternative. • Climate change. R+A will analyze how the alternatives perform in terms of greenhouse gas emissions to help the City understand how to best comply with the intent of AB 32 and SB 375. • Health. Using the data and indicators identified in Task 3, R+A will prepare a "Rapid" Health Impact Assessment (HIA) of various policy and physical alternatives. The analysis will primarily be a qualitative analysis stating trend/direction, magnitude, and significance, but will not necessarily calculate a numeric projection. 4.3 Create Final Land Use and Transportation Plan Based on the results of the ongoing meetings with the Technical Working Group and the Corridor Plan workshops, the R+A team will finalize the land use direction and preferred planning alternative for the City. R+A will provide the City with a memo summarizing our understanding of the preferred alternative. Task 4 Deliverables: • Alternatives that include vision, citywide goals by topic, land use and transportation alternatives, policy alternatives • Qualitative alternatives analysis • Technical memo summarizing final land use and transportation plan Task 5: General Plan The R+A Team, working closely with City staff, will develop the policy direction for the 25 Contract No. C33240 General Plan Update, 5.1 General Plan Outline and Policy Framework The first step in the process will be for R+A to develop a draft General Plan outline. This will detail the key chapters in the documents and the expected order of information. After the outline is reviewed by City staff, R+A will develop a policy framework for each chapter of the General Plan. The policy framework will identify goals, policies, and implementation measures for each topic in the General Plan. As is discussed above, the policies will be derived both from existing policy documents (including the existing General Plan) and the alternatives development process discussed in Task 4. The policy framework will be reviewed by staff and the GPAC. Creating a policy framework document will allow the community to quickly and easily understand the policy direction of the City and provide feedback to the R+A Team prior to the drafting of the General Plan. Additionally, the outline and policy framework will serve to direct a conversation with City staff and the Technical Working Group about which General Plan elements should be preserved, which should be consolidated, and which should be eliminated. Finally, as part of this task, the team will work with City staff to create a standardized structure for the chapter content and language conventions for the goals and policies. This will include a mockup of the layout and design of the General Plan. 5.2 Administrative Draft General Plan R+A will prepare an Administrative Draft General Plan for review by City staff based on the outline and policy framework developed in Task 5.1. The structure and exact content of the General Plan will be decided as the project moves forward, however the R+A team will develop a cutting-edge, character-oriented General Plan. The General Plan will include all of the topics required by State Law plus additional topics as determined during the process. R+A and several team members are continually monitoring the progress, and occasionally weighing in through workshops and individual conversations, of updating the General Plan Guidelines by the Governor's Office of Planning and Research. During this task, R+A will formally check in with OPR on the status of the guidelines to ensure the General Plan is reflective of the most recent OPR guidance. More specifically, the General Plan will cover, at minimum, the following topics: • Land use, including existing and future uses and focused policies on different areas of the community. • Urban design and community character to preserve and enhance the unique quality of Palm Desert. • Mobility and circulation including, street standards, multimodal streets and active transportation. • Economic development including tourism, expanding commercial activity and fiscal sustainability. • Public facilities and services including the need for new facilities. • Historic preservation, including cultural and archeological resources. 26 Contract No. C33240 • Climate change and adaptation, including specific measures to reduce GHG emissions and adapt to a changing climate. • Sustainability including green buildings, water conservation, energy conservation, and other topics as decided through the public process. • Public Health policies to address active transportation, healthy lifestyles, access to healthy foods, air quality, social support, and other topics of concern. • Noise, to meet State requirements and address identified noise issues in the City. • Parks, recreation, and protection other open spaces. • A detailed implementation program that will provide the necessary steps for putting the General Plan into action. It is anticipated that this section will include specific actions, responsible parties, timeframes, and funding requirements. This implementation plan will also include near-term projects which can be implemented with existing funding programs to demonstrate progress towards achieving General Plan goals and policies. 5.3 Screencheck Draft General Plan After staff has reviewed the administrative draft General Plan and provided a single set of comments, R+A will prepare a screencheck draft General Plan that includes all figures, photos, maps and graphics. R+A will deliver the screencheck draft general plan as an Adobe PDF file for ease of review and to reduce printing costs. 5.4 Public Draft General Plan R+A will provide a copy of the administrative draft of the General Plan for staff — and any others selected by staff —to review. Staff will provide R+A with one complete set of all comments, which the R+A team will incorporate and address. Task 5 Deliverables: • General Plan outline • Draft and final policy framework • Administrative Draft General Plan (including seven hard copies and one electronic copy) • Screencheck Draft General Plan (including seven hard copies and one electronic copy) • Public Draft General Plan (including seven hard copies and one electronic copy) Task 6: Highway 111 Corridor Plan During this task, the R+A team, working closely with City staff, will develop a Corridor Plan for the revitalization of the Highway 111 corridor. For the purposes of establishing an initial scope, budget, and schedule, this scope assumes that the Corridor Plan will not be a standalone document but a set of tools comprised of: a vision plan for the corridor, detailed goals and policies pertaining to Highway 111 in the General Plan, Design Guidelines for the corridor, and an amendment, addition, or overlay to the 27 Contract No. C33240 Zoning Code that will provide updated development standards for new private development. For the purposes of this scope, "Corridor Plan" will refer to this set of tools. The R+A team will work closely with the City to ensure that the approach to the Corridor Plan will remain relevant to the City's desired outcomes. As such, the final form of the Corridor Plan may be somewhat varied by mutual agreement of the City and the R+A team to ensure the final product meets the City's needs. 6.1 Framework Plan Development and Development Alternatives Based on the community input received in Workshop No. 1, and on subsequent direction from City staff and the Steering Committee, R+A will prepare one to three framework plan alternatives for defining and differentiating the several Corridor segments and characterizing the community vision for each. This will include illustrations of a range of suggested streetscape characters, development types and pedestrian and bicycle connections into the adjacent neighborhoods. This will also include alternatives in terms of "degree of change," to identify segments in which little change is envisioned and segments targeted for more significant transformation over time. The vision plan alternatives will be illustrated with a combination of diagrams, illustrative plan vignettes, illustrative cross sections, 3-D models, precedent photographs, and photo-illustrations. 6.2 Preferred Framework and Vision Plan Based on the framework plan and input received in Workshop No. 2, the R+A Team will work closely with City staff and the Steering Committee to evaluate alternative development patterns and intensities, quickly moving to a draft land use plan that assigns specific development types and intensity ranges to each sub-area or Corridor segment of the Plan. Our urban designers, economists, environmental planners, and transportation planners will collaborate at each iteration to bring to the community a recommended alternative that balances transportation modes and parking demand,and generates vital pedestrian environments throughout and surrounding the Plan Area. The preferred alternative as selected and refined by the staff and the Committee will be documented and presented to the public in Workshop No. 3 for further input. It is important that the vision accurately reflects community goals and values, as this will provide the foundation for land use, urban design, mobility, economic development, and environmental policies and programs in the Corridor Plan. The development alternatives will be informed by the economic analysis completed in Task 3.3. MR+E will prepare a memo summarizing the preferred alternative and the market potential for development. 6.3 Administrative Draft Corridor Plan Based on an agreed upon framework, the R+A Team will prepare an Administrative Draft Highway 111 Corridor Plan for staff review and comment. The Corridor Plan will remain consistent with the City's General Plan and other City policies reviewed in Task 2 and effectively implement the goals, strategies, and standards developed as part in 28 Contract No. C33240 the community engagement during Task 3. A formal outline will be finalized with the City; however, the following is a summary of tasks to be completed in developing the Admin Draft Plan: Corridor Plan Goals and Framework The R+A Team will develop a set of Highway 111 Corridor Plan goals. The R+A Team will present these goals to City staff and the Steering Committee for review and comment. R+A believes it is essential for the City, community,and R+A Team to have a firm and clear understanding of project goals prior to developing Corridor Plan policies or programs. Additionally, receiving community support for long-term goals will help avoid any problems at later stages of the Plan development, as each progressive stage is an implementing tool for the agreed upon goals. These goals and policies will ultimately be embedded in the General Plan. Land Use The R+A Team will create a land use plan that is consistent with the goals and policies of the concurrent General Plan Update. The land use plan will show allowed land uses and density/intensity for each land use type. The City and R+A Team will jointly develop a land use plan and related policies to promote compatible development within the Plan Area, which is sensitive to surrounding residential, recreational (i.e., golf courses), and hospitality uses. Design Guidelines Based on the preferred framework plan and preferred alternatives for streetscape, open space, and development types, the Team will prepare draft design standards for each. The Design Guidelines will include: • A public realm illustrative/vision plan, including a network of streets, the frontage roads, alleys, paseos, plazas and courts. • A complete streets kit of parts, including recommended cross sections with parameters for frontage roads, cross streets, alleys/lanes, paseos, plazas, courts, etc. These would be formatted as guidelines, with a combination of illustrative plans and sections, 3-D models, and precedent photographs, along with short guideline narratives and bullet points for each type. • Private development guidelines including frontage type (frontage design) recommendations, building massing recommendations (varied by area to ensure appropriate transitions to adjacent houses or any historic buildings), and basic architectural design guidelines. Mobility and Parking R+A will address transportation and parking with input from City staff and applicable 29 Contract No. C33240 circulation element goals, policies and programs. Emphasis will be placed on livability principles, complete streets, place-making, and multi-modal connections. R+A will develop circulation objectives for the corridor plan, review existing circulation patterns and conditions in the area, and identify alternative strategies for parking and access. As part of this Task the R+A Team will work to identify opportunities for greenhouse gas emissions reductions and highlight the opportunities for co-benefits of reduced auto- dependency such as public health, air, and water quality improvements. The following circulation topics will be addressed in this task: • Pedestrian and bicycle facilities and safety • Street standards • Traffic calming • Street improvements • Parking strategies • Bikeways • Transit, including transit facilities Implementation and Development Standards The R+A Team will prepare an implementation program for inclusion in the General Plan to address implementation of major public improvements recommended in the Corridor Plan together with financing mechanisms and funding sources. This task will be grounded by an implementation analysis prepared by our economist. MR+E will prepare an economic development element that will focus on highly implementable specific projects that can be undertaken to facilitate economic development on Highway 111. The plan will provide a set of recommendations on actions that can be undertaken by the city and its partner agencies to develop public private partnerships for the provision of public improvements. This will consider the use of the available tools for the provision of improvements to the public realm and opportunities for public private partnerships. General strategies to be examined include: • Mello-Roos Community Facilities Act • Public Enterprise Revenue Bonds • Impact Fees and Exactions • Special Assessment Districts • Potential use of state and federal advantaged financing tools (NMTC, ARA programs, Cal IBank etc.) • Others as determined by research Responsibilities by agency and jurisdiction will be identified as well as actions that would be required by the private sector will be inventoried. Opportunities for partnerships, joint ventures and developer initiated improvements will also be examined. The implementation section will be composed as a specific action plan with lists of responsibilities, costs and thresholds for development as opposed to providing generalized statements of goals and objectives. 30 Contract No. C33240 Additionally, the R+A team will prepare an addition to the City's Zoning Code in order to codify the new development standards. This addition might take the form of one or two new base zones, an overlay zone, or similar zoning tool and the ultimate form will be decided in conjunction with the City once the vision for Highway 111 has been defined. 6.4 Public Review Draft Corridor Plan The R+A Team will modify the Administrative Draft as directed by City staff and prepare and publish a Public Review Draft Corridor Plan for staff and general public review and comment. Task 6 Deliverables: • Corridor Plan approach recommendation and outline • Highway 111 Vision • Admin Draft Design Guidelines, Development Standards, and Implementation Actions (seven hard copies, plus one electronic copy) • Public Review Draft Design Guidelines, Development Standards, and Implementation Actions (Seven hard copies, plus one electronic copy) Task 7: Environmental Impact Report PMC, in association with Fehr & Peers, and Rincon, will prepare a legally adequate program-level Environmental Impact Report (EIR) in compliance with CEQA and the State CEQA Guidelines for the General Plan Update. The EIR will be comprehensive and address all environmental issues with a potential to result in significant environmental impacts. The text of the EIR will be supplemented with graphics and summary tables, as appropriate, to present information in a concise and easily understood format. 7.1 Establish Thresholds of Significance PMC, Fehr & Peers, and Rincon will work with City staff to establish thresholds of significance for each environmental topic to be addressed in the Program EIR. Some topics contained in the State CEQA Guidelines Appendix G checklist may not apply to Palm Desert. While the topical areas described in Appendix G will serve as a guide for development of the City's thresholds, the issues addressed may be further defined, modified, replaced, or dismissed. 7.2 Prepare Notice of Preparation PMC will prepare a Notice of Preparation (NOP) that includes a brief project description and a summary of the probable significant effects on the environment resulting from adoption and implementation of the Palm Desert General Plan Update. As the City is anticipating preparation of a comprehensive EIR addressing all required topics under CEQA, we will not prepare an Initial Study. The NOP will describe where relevant 31 Contract No. C33240 project documents are available for review, where written comments on the scope of the EIR may be sent, and the deadline for submitting comments. The NOP will also identify the date and location of a public scoping meeting to be held for the project. The NOP will be circulated for public comment for 30 days, as required under CEQA. As part of the NOP release, we will assist the City in preparing the necessary correspondence requesting Native American consultation required by SIB 18. 7.3 Conduct Scoping Meeting The R+A Team will facilitate a scoping meeting during the NOP comment period. To promote attendance by both agencies and the general public, we recommend staging the meetings as one roundtable presentation in the mid-afternoon (primarily for agency staff), followed by a study session or agenda item designed for the general public before the Planning Commission on the same evening. R+A will prepare comment cards and a PowerPoint presentation for the scoping meeting and will present an overview of the environmental review process for the project. 7.4 Prepare Administrative Draft Program EIR PMC, in association with other team members, will prepare an administrative Draft Program EIR evaluating the potentially significant impacts that would result from implementing the Palm Desert General Plan Update. The EIR will contain all of the information and topics outlined in Sections 15120 to 15132 of the State CEQA Guidelines, and will be comprised of the following sections. Executive Summary The Executive Summary will clearly summarize the main findings of the EIR. It will include a summary table that summarizes the impacts, the significance of each impact before mitigation, any recommended mitigation measures (if required), and the significance of each impact after mitigation. The Executive Summary will also summarize areas of controversy, alternatives, and any significant and unavoidable impacts. Introduction The introduction will describe the organization, type, and use of the EIR; the environmental review process; the focus of the EIR analysis; other documents used to prepare the EIR; lead and responsible agencies; and opportunities for public comment. Project Description The project description will be based on the contents of the Palm Desert General Plan Update and will include the regional and local setting, project history, project objectives, project characteristics and components, phasing and implementation, and other information important to understanding the proposed project. It will also describe how the Program EIR can be used to streamline environmental review for later activities 32 Contract No. C33240 consistent with the Palm Desert General Plan Update. Below is an outline of the anticipated review process: • Determine whether the later project is consistent with or further implements the Palm Desert General Plan Update This evaluation would include later projects consistent with SCAG's Sustainable Communities Strategy (CEQA Guidelines Sections 15168, 15183, and 15183.5, SB 375, and SB 226). • Evaluate whether the later project would have environmental effects that are unique or peculiar to the project or parcel or would result in impacts not previously considered in the Program EIR. The later project's anticipated environmental effects would be compared against conclusions of the Program EIR. This would be done using a customized checklist similar to CEQA Guidelines Appendix G, provided as an appendix to the EIR (CEQA Guidelines Sections 15152 and 15183). • Determine and document whether the later project is covered by the Program EIR or determine the extent of environmental review for the later project. This would either identify that the Program EIR addresses the later project and no further environmental review is required, or would focus the environmental analysis for the later project to issues not addressed by the Program EIR. Setting, Impacts and Mitigation Measures PMC will describe the existing setting, and will identify impacts that would result from implementation of the Palm Desert General Plan Update, the level of impact significance, mitigation measures to reduce the impact to a less than significant level, residual impacts, and any unavoidable significant impacts. Because we propose that the Palm Desert General Plan Update be self-mitigating to the extent possible, mitigation and monitoring measures should become part of the Plan's implementation program. The EIR will also describe the regulatory framework for each topic area, and identify portions of the Palm Desert Municipal Code that can mitigate potential impacts. A comprehensive EIR addressing all topic areas specified within CEQA is proposed and, unless specific topics are excluded through the Scoping process. The topics are: • Aesthetics • Agriculture • Air quality • Biological resources • Cultural resources • Geology/soils • Hazards and hazardous materials • Hydrology/water quality • Land use/planning • Mineral resources 33 Contract No. C33240 • Noise • Population/housing • Public services • Recreation • Transportation/traffic • Utilities/service systems Certain sections of the EIR will require a high level of effort and significant technical analysis. These sections are listed and described below. Air Quality Rincon will prepare a CEQA-level Air Quality technical study, which will be documented in the EIR. The study will include a description of the project undertaking, the air quality regulatory and environmental setting, description of the methodology, analysis of potential impacts, and mitigation measures to avoid, reduce, or mitigate potential impacts to air quality, if necessary. The following steps will be undertaken to complete the study pursuant to guidance provided by the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook and Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning (General Plan Guidance). The Air Quality technical study will include a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. Rincon will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations in the area provide a summary of available ambient monitoring data. Rincon will also define the thresholds of significance for CEQA consideration, based on SCAQMD and City criteria and guidelines. The General Plan does not include any specific development proposals. Therefore, the analysis of temporary construction impacts will be qualitative in nature. SCAQMD thresholds for key pollutants of concern - volatile organic compounds (VOCs), nitrogen oxides(NOX), carbon monoxide (CO), sulfur oxides (SOX), respirable particulate matter (PM10), and fine particulate matter (PM2.5) —will be discussed, as will SCAQMD rules and regulations pertaining to control of construction-related emissions. The general type and size of project that may generate emissions exceeding SCAQMD thresholds will be identified, as will areas where potential future construction activity could adversely affect sensitive receivers. Rincon will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project-generated vehicle trips and stationary source emissions related to energy demand (i.e., natural gas consumption). This emission inventory will be compiled using CalEEMod and will be performed for the General Plan forecast year. Emissions will be compared to SCAQMD regional forecasts to determine whether the General Plan may have the potential to delay attainment of 34 Contract No.C33240 state or federal air quality standards. Rincon will also identify the potential for CO hot spots that may be caused or exacerbated by implementation of the General Plan as well as areas where sensitive land uses (such as residences) may be located within areas subject to exposure to elevated levels of diesel particulates or other toxic air contaminants. The analysis will consider motor vehicle volumes provided in the traffic study and the proximity of proposed sensitive land uses to high traffic levels. We have assumed that the CO hot spot evaluation will include screening level analysis of up to five local intersections. Cultural Resources Rincon will provide historic preservation, archaeological, and paleontological analysis for the Draft EIR, which will reflect the scope of issues arising from proposed General Plan update and offer strategic advice in relation to key historic preservation issues. Rincon will analyze the potential impacts of development facilitated by the General Plan against the CEQA significance thresholds for cultural resources and consider whether General Plan development may conflict with applicable goals, policies, or programs of the Archaeological & Cultural Resources Element. If deemed necessary, Rincon's cultural resources experts will provide mitigation recommendations to reduce potential impacts. Rincon will also provide recommendations for any specific research/assessments/studies regarding potential historic resources. Archaeological documentary research will include a review of relevant published scholarly literature, a search of archaeological and historic maps, records and reports for the City of Palm Desert area in the California Historical Resources Information System (CHRIS) on file at the Eastern Information Center, and a search of the California Native American Heritage Commission's (NAHC's) Sacred Land Inventory. Additionally, Rincon will consult with Historical Society of Palm Desert regarding any archaeological and Native American collections which the society may curate. Rincon will consult with appropriate Cahuilla and other Native American traditional cultural practitioners identified by the NAHC to identify places of cultural importance to tribes for which the City of Palm Desert is part of their traditional aboriginal territories. Consulted Native American representatives will be invited to identify any concerns regarding the General Plan update and cultural resources. Historical resources documentary research will include a review of relevant literature, including previous survey reports, inventories, assessments and reports available for the area through the CHRIS SCCIC as well as the City of Palm Desert and the Historical Society of Palm Desert. Records to be consulted may include but may not be limited to the recent citywide survey (2011) as well as the museum and archives maintained by the Historical Society of Palm Desert, relevant City documents (municipal codes, regulations, planning reports); historical materials (period newspaper articles, photographs, maps), and published local histories. 35 Contract No.C33240 Energy Use and Greenhouse Gas Emissions With regard to energy conservation, PMC staff will build off their previous work on the Energy Action Plan and work with the California Energy Commission (CEC) and service providers where possible to identify energy use data to characterize the existing and future energy use. Greenhouse Gas Emissions Energy demands associated with the proposed General Plan Update will be identified and analyzed against projected regional energy availability. The analysis will also determine whether the General Plan Update would cause energy to be consumed in an inefficient manner. PMC will prepare a greenhouse gas (GHG) emissions impact analysis section. We will draw heavily on GHG reduction measures and analysis completed as part of the General Plan Update. We will summarize federal, state, and local GHG-related regulations, policies, and programs, and identify Palm Desert General Plan Update policies and implementation programs that can reduce GHG emissions. In coordination with City staff, PMC will consult with the SCAQMD regarding appropriate methodologies to assess impacts. The analysis will use the most current plan-level thresholds of significance considered or identified by the SCAQMD. The determination of significance will be based on whether the level of GHG emissions generated with implementation of the Palm Desert General Plan Update would constitute a substantial contribution to the significant adverse cumulative impacts of global climate change. If the construction or operation of projects consistent with the Palm Desert General Plan Update would violate the N applicable thresholds of significance, mitigation measures (quantitative and best management practices) that clearly identify timing, responsibility, and performance standards to avoid or fully reduce adverse and potentially adverse effects will be developed and applied, where necessary, using guidance from CAPCOA and SCAQMD. To the extent practical, PMC will recommend incorporating these measures as Palm Desert General Plan Update policies or implementation programs. Noise Rincon will prepare the Noise section of the EIR based on the technical noise study, which will: establish standards of significance, policies and guidelines; describe the existing setting; and analyze potential noise and vibration impacts related to construction activities, surface transportation, and other aspects of the operation of individual projects that are noise intensive or that have the potential to generate substantial noise. Potential noise increases along major roadways will be calculated and forecast noise levels will be compared to proposed standards to determine whether or not General Plan implementation would create potential noise compatibility issues. Other areas of potential noise incompatibilities (e.g., areas where residential and industrial uses abut, mixed use districts) will also be identified. As necessary, Rincon will develop mitigation measures to address any compatibility impacts, focusing on solutions related to design and use of sound-attenuating building materials. 36 Contract No. C33240 Transportation and Traffic PMC will prepare the Transportation and Traffic section of the EIR based on a technical report completed by Fehr & Peers. Fehr & Peers will summarize the previously developed existing conditions analysis for inclusion in the transportation impact study. Using the Citywide Travel Demand Model developed in Task 3, Fehr & Peers will estimate local and regional growth in transportation demand, based on future land use forecasts and known regional transportation network changes. Future land use estimates for the City of Palm Desert will be vetted with the project team and City staff prior to running the model to forecast future conditions. Future roadway traffic volumes and LOS will be estimated using the verified land use forecasts and General Plan transportation network. Transportation impacts associated with the General Plan will be evaluated in accordance with the standards identified in Phase 1. Mitigation measures will be identified to address impacts associated with the general plan. Fehr& Peers will also support the project team in its development and quantification of General Plan sustainability strategies through the following: • Assisting with the development of any GHG reduction targets. • Calculating the effectiveness of national and statewide strategies related to transportation. • Developing VMT and GHG reduction strategies related to transportation. Fehr+ Peers will then prepare a draft report for review and submittal. Water Supply With regard to water supply, PMC will use existing documentation on water supply planning for the City to address future water supply demands and the anticipated ability to provide service (i.e., 2010 Urban Water Management Plan). This will include a discussion and analysis of the possible water supply sources and associated infrastructure, competing interests and needs for water supply, and the associated environmental effects of water supply provision (consistent with State Supreme Court CEQA decision under Vineyards Area Citizens for Responsible Growth v. City of Rancho Cordova). Cumulative Impact Summary An EIR must also discuss cumulative impacts of a project pursuant to CEQA Guidelines Section 15130. PMC will prepare a cumulative analysis summary that addresses each topic covered in the environmental analysis and will identify appropriate mitigation measures for any significant impacts. The analysis will assess the cumulative impacts of implementing the Palm Desert General Plan Update relative to SCAG regional forecasts. 37 Contract No. C33240 Alternatives An EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. PMC will coordinate with City staff during preparation of the Palm Desert General Plan Update to develop and analyze up to three (3) alternatives to the proposed project, in addition to the no project alternative. Other CEQA Requirements The EIR will include other required sections, including growth-inducing impacts of the project, significant irreversible environmental effects, and a summary of significant and unavoidable impacts of the project. The growth inducement analysis will discuss ways in which the Palm Desert General Plan Update could indirectly or directly foster economic or population growth. This could include construction of additional housing or projects which would remove obstacles to population growth. Environmental Review Checklist for Subsequent Projects While not required under CEQA, PMC will include an environmental review checklist that could be adopted as part of the Palm Desert General Plan Update which would expand the City's use of the State CEQA Guidelines Appendix G checklist for future projects consistent with the Palm Desert General Plan Update by using the thresholds and mitigation identified in the EIR. The purpose of this checklist will be to identify when subsequent projects are fully or partially addressed in the environmental analysis in the Program EIR and to what extent further environmental review would be required. This checklist will be designed with items specific to Palm Desert and would utilize and cross-reference analyses in the EIR. PMC will provide the administrative draft EIR to the City for review and comment. One round of administrative draft review is anticipated. 7.5 Prepare public draft EIR PMC will incorporate one round of consolidated City comments on the Administrative Draft EIR and submit a Screencheck Draft EIR, followed by a Public Draft EIR and Notice of Availability to the City for distribution for a 45-day public comment period. PMC will file 15 copies of the Executive Summary and 15 CDs of the entire document (as preferred by the State Clearinghouse) and an NOC with the State Clearinghouse. The City will distribute the EIR to interested stakeholders and/or publish the Notice of Availability in a newspaper of general circulation. 7.6 Response to Comments and Final EIR PMC will review the comments received during the public review period on the Draft EIR. We will compile the responses to comments and make necessary changes to the Draft EIR to create the Administrative Final EIR. The Administrative Final EIR will include an introductory chapter, enumerated comment letters and public hearing 38 Contract No. C33240 comments on the Draft EIR, responses to all comments on the Draft EIR, and a listing of revisions to the Draft EIR. The Draft EIR will not be reprinted as part of the Final EIR. Any revisions to the text or analysis of the Draft EIR would be noted by Draft EIR page location within the Final EIR. PMC has provided a reasonable estimate of the level of effort required to prepare responses to comments based on our experience with similar projects. PMC will respond to comments related to the potential physical impacts of the proposed project as they relate to the analysis of the EIR within the estimated level of effort. Responses will involve explanation and clarification of the contents of the Draft EIR. New technical analysis will not be conducted as part of the response to comments. If the EIR proposes formal mitigation measures that are not otherwise addressed by Palm Desert General Plan Update policies or implementation programs, PMC will prepare a draft mitigation monitoring and reporting program (MMRP). The monitoring plan will incorporate features to monitor the success of mitigation, determine responsible parties for monitoring proposed mitigation, describe the role of the project proponent, identify guidelines and specifications for conducting monitoring and reporting results, and specify enforcement procedure for noncompliance. Upon receiving comments on the Administrative Final EIR and MMRP, PMC will revise the documents and prepare the Final EIR for distribution. The City will prepare the Findings and Statement of Overriding Considerations, if necessary. If requested by the City, PMC can prepare the Findings and Statement of Overriding Considerations on an additional time-and-materials basis. Task 7 Deliverables: • Screencheck Draft NOP (electronic) and Public Draft NOP (electronic), NOC, NOA, newspaper notice, and correspondence initiating SIB 18 consultation. • One (1) scoping meeting, split into two (2) presentations, as described above, PowerPoint presentation, comment cards • Administrative Draft EIR (three hard copies, plus one electronic) • Screencheck Draft EIR (three hard copies, plus one electronic), Draft EIR (15 State Clearinghouse submittals +electronic), one public meeting, Notice of Availability(electronic), NOC for delivery to the State Clearinghouse (electronic) • Administrative Final EIR (3 copies+electronic), draft Mitigation Monitoring and Reporting Program M MRP)(electronic), Final EIR (10 copies+electronic) Task 8: Public Review and Adoption Following the completion of the draft documents,the team will move the documents through public review and adoption process. The specific tasks are discussed below. 8.1 Planning Commission Hearings 39 Contract No. C33240 R+A will prepare for and attend up to two Planning Commission hearings on the final General Plan, Corridor Plan, and EIR. 8.2 City Council Hearings R+A will prepare for and attend up to two certification and adoption hearings on the final General Plan, Corridor Plan, and EIR with the City Council. 8.3 Preparation of Final Documents Following certification and adoption of the Palm Desert General Plan, Highway 111 Corridor Plan, and EIR, R+A will complete minor graphic and/or textual revisions to the General Plan within state law and the stated budget,at the discretion of the City. Task 8 Deliverables: • Attendance at up to 2 Planning Commission hearings • Attendance at up to 2 City Council hearings • Preparation of a single, brief (20 slide; 20 minute) presentation for use at both the City Council and Planning Commission Hearings • Preparation of the Final General Plan, Corridor Plan, and EIR (Note the level of changes are limited to the hours listed in the project budget) Task 9: On-Going Project Management R+A will serve as the Project Manager and Prime Consultant for this project. As such, R+A will work closely with City staff, manage all subconsultants, maintain the project schedule, and track project costs. R+A will communicate regularly with staff., including monthly three-hour team meetings at the City's offices, monthly(or more frequent if necessary) conference calls,and email and phone communication as needed throughout the project. In addition to regularly scheduled project management meetings, R+A will organize a series of team meetings where consultants can meet with City staff throughout the project. These meetings will be an opportunity for the team to brainstorm and work together on critical project issues. Note that the number of meetings and conference calls attended by each sub-consultant varies depending on their level of involvement in the project. NTask 9 Deliverables • Monthly in-person meetings with City staff • Monthly conference calls with City staff • Ongoing email and phone communication with City staff • Topic-specific team meetings as needed,subject to budget 40 Contract No.C33240 EXHIBIT "B" SCHEDULE OF SERVICES Task Completion Date Task 1:Pro ect Initiation 1.1 Project Initiation Meeting June 6,2014 1.2 Collect Information and Develop GIS Database June 13,2014 1.3 Kick-Off Team Meetin rT'our June 6,2014 Task 2:Community Engagement 2.1 Technical Working Group July 31,2015 2.2 Stakeholder Interviews June 13,2014 2.3 Highway 111 Corridor Plan Workshops January 30,2015 2.4 Draft General Plan Public Workshops July 31,2015 Task 3: Background Report 3.1. Review and Assess Reports, Studies, and Regulations June 30,2014 3.2 Prepare Background Report Outline June 30,2014 3.3 Admin Draft Background Report July 16,2014 City Review of Background Report July 31,2014 3.4 Traffic Model Update July 31,2014 3.5 Final Background Report August 29,2014 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives September 26,2014 City Review of Vision and Alternatives October 10,2014 4.2 Conduct Alternatives Analysis October 31, 2014 City Review of Alternatives Analysis November 7,2014 4.3 Create Final Land Use and Transportation Plan December 5,2014 Task 5:General Plan 5.1 General Plan Outline and Policy Framework December 12,2014 City Review of General Plan Outline and Policy Framework December 19,2014 5.2 Administrative Draft General Plan March 17, 2015 City Review of Administrative Draft General Plan March 31, 2015 5.3 Screencheck Draft General Plan Aril 16,2015 City Review of Screencheck Draft General Plan Aril 30,2015 15 Contract No.C33240 5.4 Public Draft General Plan June 5,2015 Task 6:Highway 111 Corridor Plan 6.1 Framework Plan of Development and Alternatives October 17, 2014 -City Review of Framework Plan and Alternatives October 24,2014 6.2 Preferred Framework and Vision Plan December 1, 2014 City Review of Preferred Framework and Vision Plan December 12,2014 6.3 Administrative Draft Corridor Plan February 6,2015 City Review of Administrative Draft Corridor Plan February 20,2015 6.4 Public Review Draft Corridor Plan May 8,2015 Task 6: Environmental Impact Report 7.1 Establish Thresholds of Significance November 14,2014 7.2 Prepare Notice of Preparation November 21,2014 30-Day Public Review Period December 22,2014 7.3 Conduct Scoping Meeting December 22,2014 7.4 Prepare Administrative Draft Program EIR April 24,2015 City Review of Administrative Draft Program EIR May 22,2015 7.5 Prepare Public Draft EIR June 23,2015 45-Day Public Review Period August 10,2015 7.6 Response to Comments and Final EIR September 18,2015 City Review of Response to Comments and Final EIR October 16, 2015 7.7 Completion of Responses to Comments and Final EIR October 30,2015 Task 8:Public Review and Adoption 8.1 Planning Commission Hearings November 30,2015 8.2 City Council Hearings December 31,2015 8.3 Preparation of Final General Plan January 31,2016 15 Contract No. C33240 EXHIBIT "C" COMPENSATION Labor Cost Compensation Summary Per Task Tasks Task 1: Project Initiation I $ 19,790 Task 2: Community Engagement $ 61,480 Task 3: General Plan Background Report $ 161,530 Task 4: General Plan Vision and Alternatives $ 64,280 Task 5: General Plan $ 143,660 Task 6: Highway 111 Corridor Plan ! $ 95,740 Task 7: Environmental Impact Report $ 162,240 Task 8: Public Review and Adoption $ 29,360 Task 9: On-Going Project Management $ 24,120 General: Management of Subconsultants $20,220 Expenses (line item—to be billed as percentage complete,not as reimbursables) $ 17,283 Grand Total $799,703 15 Contract No. C33240 EXHIBIT"C"(CONTINUED) HOURLY BILLING RATES c o Principal $185 Q Senior Planner $150 + Public Health Specialist $125 Planner/Designer $100 Project Assistant $65 c c Principal $180 cc Senior Designer/Planner $150 CO EL Designer/Illustrator $120 Project Manager $165 Principal Planner $195 U Senior Planner/Facilitator $130 aAssociate Planner $110 Assistant Planner $90 Web Developer/Graphics $95 Tech Edit/WP $75 Principal $225 a) Senior Planner $160 a) n Planner/ r Engineer $135 u- Graphics/ Admin. $115 w Cl Principal $180 0) Principal $180 c 0 � Sr.Associate $135 c � if cc Associate $115 U Graphics $75 15 CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT CONTRACT NO. C33240 1. Parties and Date. This Agreement is made and entered into this 25th day of April, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Raimi + Associates ("Consultant'), a California corporation, 3600 Lime Street, Suite 226, Riverside, California 92507. City and Consultant are sometimes individually referred to herein as "Party" and collectively as"Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional planning services for the update of the City of Palm Desert Comprehensive Plan and preparation of the associated Environmental Impact Report, Contract No. C33240, ("Project') as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning services required herein necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Consultant shall exercise due professional care to provide that Aall Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Contract No. C33240 3.1.2 Term. The term of this Agreement shall be from April 25, 2014 to April 25, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers'compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. Consultant and City both acknowledge that Consultant shall not be responsible for delays beyond Consultant's reasonable control. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City which shall not be unreasonably withheld. -' 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or 2 r Contract No. C33240 timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP, Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; and Mr. David E. Bergman, AICP, Principal, MR&E. 3.2.5 City's Representative. The City hereby designates Ms. Lauri Aylaian, Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Council is the only authorized body that can approve increasing the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew Burris, AICP, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any 3 Contract No. C33240 employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all negligent violations of such laws and regulations in connection with Services.—# Consultant perferms any work all defend, 'ndeMR;fy and held City, its effloials, diFeGters, offiGers, rules and atieRS. Comment[Al]:We'd prefer to contain a indemnity language in Article 3.5.6. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it` has provided evidence satisfactory to the City that it has secured all insurance required 1 under this section. In addition, Consultant shall not allow any subconsultant to I t commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any-evened, hired, >rf non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4 Contract No. C33240 Professional Liability (Errors & Omissions) Insurance: Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. 5 Contract No. C33240 Citv's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. S r z ? Primary and Non-Contributing Insurance: All insurance coverages except Professional Liability shall be primary and any other insurance, deductible, or self- insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds 6 Contract No. C33240 with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance wit I��p�l�c��le local, state and federal laws, rules and regulations, and shall exercise reasonable precautions for the safety of employees appropriate to the n ure of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Consultant shall not be responsible for the safety practices or actions of l others not covered by this Agreement at any project site or location. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seven hundred ninety-nine thousand seven hundred 7 Contract No. C33240 and three dollars ($799,703) without authorization of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council. 3.3.5 Rate Increases. In the event that this contract is extended beyond the date specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the time of renewal in accordance with the change (increase or decrease) in the Riverside County Consumer Price Index for the previous twelve months. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written 8 Contract No.C33240 notice to Consultant of such termination, and specifying the effective date thereof, at least sevee q4 en L101 days before the effective date of such termination. Prior to termination due to cause City will make reasonable effort to provide notice and opportunity for Consultant to correct any default. Upon termination, Consultant shall be compensated eAly-for those services which have been adequately rendered to City_; and Consultant shall be entitled to no further compensation beyond reasonable expenses for transfer of materials to the City t. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15)days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Raimi +Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Attn: Mr. Matthew Burris, AICP, Senior Associate City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Ms. Lauri Aylaian, Director of Community Development Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, 9 Contract No. C33240 physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents& Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents& Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. The non-exclusive and perpetual license shall not be -granted n2 until completion of the project and receipt of final payment by the Consultant 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Maintenance of confidentiality by the Consultant excludes any disclosure required for Consultant to provide services and comply with pertinent laws Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. All information and documents that are provided to the City by the Consultant are considered public information. and agents from and agaiRM all liability, less, Gest or expense (iRGIuding attolcney�s fee64 aF s ng'out ef a legal aGtion brought to GOFnpel the release of Proprietary infeFFRati6H- I ,_ - Comment[A2]:We'd prefer to contain all indemnity language in Article 3.5.6. 3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, ur and shall take any additional acts or sign any additional documents as may be �a r 1�J e necessary, appropriate or convenient to attain the purposes of this Agreement. �- t`y rVvTe_ 3.5.6 Indemnification, t W 10 Y - 1 Contract No. C33240 3.5.6.1 Scope of LudgmWlv. Tot extent permitted by law, Consultant shall de€eRd, indemnif ut shall have no obligation to a en the City, its directors, officials, officers, e p oye an ig from any , liability for damages to property or persons, including wrongful death, to the extent actually caused by any negligent acts, errors or omissions, or w++lful—misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, etheF Felatec' GGGt6 and peRses Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to liability for damages to the extent actually caused by the negligence, recklessness, or willful misconduct of the Consultant. To the extent permitted by law, City shall indemnify but shall have no obligation to ti defend the Consultants its directors, officers, employees, and designated volunteers Ov from any liability for damages to property or persons, including wrongful death, to the extent actually caused by any negligent acts, errors or omissions. or misconduct of City, its officials officers employees subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Protect or this Agreement. 3.5.6.2 Additional Indemnity Obligations. Te the fUlle6t exteRt permitted by law, e)(pense and risk, any and all GlaiM6, suits, aGfien6 OF OtheF PFOGeedings of every oeveFed by GeGfien 3.6.6.1 that Fnay be bFeught 9F instituted against City eF its ddFeGt ?� affic,aals, effleeFG, employees, volunteers and agents.—To the extent caused by th WV,,t � above, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, and designated volunteers and-a- Hof any such claim, suit, action or other proceeding. To e_exteat_f use b the aboveConsultant shall also reimburse City for the cost of any settlement paid 'ty-ur-it9�directors, officials, officers, employees, agents or designated volunteers as part of any such claim, suit, action or other proceeding.SuGh 17 � rebmbuF6emeRt shall PRGlude payment f9F City's attGrney's fees and Gosts, 'Act i�&U previded. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing 11 Contract No. C33240 signed by both parties. 3.5.8 Governinq Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. '\ C Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, ageat6, and designated volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 12 Contract No. C33240 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated in Consultant's proposal dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT RAIMI +ASSOCIATES 13 Contract No. C33240 By: By: Mayor or City Manager Matthew Raimi, Principal ATTEST: By: Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: Best Best& Krieger LLP City Attorney 14 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C33240 IN THE AMOUNT OF $799,703.00 TO RAIMI + ASSOCIATES TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN, AND APPROPRIATE $800,000 FROM UNOBLIGATED FUND 400 FOR THE AWARD OF THE CONTRACT SUBMITTED BY: Lauri Aylaian, Director of Community Development APPLICANT: Mr. Matthew Burris Raimi + Associates 3600 Lime Street, Suite 226 Riverside, California 92507 DATE: April 24, 2014 CONTENTS: Contract No. C33240 Recommendation By Minute Motion: 1. Award Contract No. C33240 in the amount of $799,703.00 to Raimi + Associates, Inc. of Riverside, California, for update of the City of Palm Desert Comprehensive General Plan and preparation of the associated Environmental Impact Report, subject to final review and approval of the City Attorney; and 2. Authorize Mayor to execute same; and 3. Appropriate $800,000.00 from unobligated Fund 400. Executive Summary Approval of this staff recommendation will award a professional services contract to a consulting firm to update the City's Comprehensive General Plan and to prepare the associated Environmental Impact Report. The consulting firm, Raimi + Associates, was selected by an ad-hoc subcommittee that reviewed written proposals in response to a widely-distributed Request for Proposals, then conducted in-depth interviews with the top- ranked respondents. This General Plan update will utilize input received from community members during the recent Envision Palm Desert strategic plan initiative, and will take approximately 18 months to complete. Staff Report Award of Contract No. C33240 to Raimi + Associates April 24, 2014 Page 2 of 3 Background On January 23, 2014, the City Council authorized staff to issue a Request for Proposals (RFP) for Contract No. C33240 for professional planning services to update the City's Comprehensive General Plan and prepare the associated Environmental Impact Report (EIR). Four firms submitted detailed responses to the RFP. These responses included the history of the firm and resumes of key project personnel, details of similar work performed, a cost proposal, samples of their written work products from general plans prepared for other agencies, and a description of the methodology that they proposed to use to update Palm Desert's Comprehensive General Plan. An ad-hoc committee of seven people reviewed the written proposals, and evaluated them based upon firm experience, qualifications of key team members, samples of their work, cost, proposed methodology, and location of the firm. The ad-hoc committee comprised two members of the City Council, a representative of the Planning Commission, and four members of City staff—one from each of the departments of Public Works, Building & Safety, Community Development, and the City Manager's office. Firms interviewed for this contract work were: • Project Design Consultants - San Diego, California • Raimi + Associates - Riverside, California • Terra Nova Planning & Research, Inc. - Palm Desert, California At the conclusion of the interviews, the selection committee identified Raimi + Associates as the top-ranked firm for updating the City of Palm Desert Comprehensive General Plan. Committee members cited the following as reasons for their selection: • Raimi + Associates brings an energetic and fresh approach to the City, which is appropriate at a time when the demographics and lifestyle of Palm Desert's residents are changing. • Sargent Town Planning (STP), an urban planning consultant to Raimi + Associates, has both creative vision and solid experience for developing an attractive and achievable corridor plan for the Highway 111 area. STP showed the committee layered graphic images to depict changes in infrastructure, landscaping, and buildings over time, thus exploring the outcomes of different possible plans. STP's graphic design images were supplemented with photographs of the actual outcome, demonstrating the realistic nature of their designs. • Raimi + Associates supplemented their team with Metropolitan Research + Economics, a firm that will provide market and fiscal analysis in support of the \\srv-fil2k3\groups\Planning\Lauri Aylaian\General Plan Update\RFP and Consultant Selection\Raimi+Associates Contract Award Staff Report 4.24-14.doc Staff Report Award of Contract No. C33240 to Raimi + Associates April 24, 2014 Page 3 of 3 General Plan update. This will help the City to adopt a plan that can realistically be achieved by private development. Neither of the other short-listed firms proposed to use an economic consultant in their work. • Raimi + Associates is primarily a general plan consultant. They report that 99 percent of their clients are agencies such as cities and counties, as opposed to private developers. • The cost proposal submitted by Raimi + Associates is reasonable for the scope of services to be provided. Their hourly rates are similar to those of the other firms. Although their total cost is slightly higher than that of the other two finalists, it provides for the added value of an economic consultant and is still within the funds allocated for the update. Environmental Review Execution of a contract with a consultant to update the General Plan has no foreseeable direct or indirect impact on the environment. As part of their services, the consultant will prepare an Environmental Impact Report to analyze possible impacts that would stem from development contemplated in the updated General Plan. No further analysis is needed at this time for compliance with the California Environmental Quality Act. Fiscal Analysis The City Council has earmarked $800,000 in Fund 400 for the update of the City of Palm Desert 2004 General Plan. That money needs to be appropriated by the City Council in order to award this contract. No future ongoing operational or capital costs will be incurred by the proposed update of the General,Plan. CITY COUNCM�A ION Submitte APPROVED DENIED RECEIVED OTHER auri Aylaian, Community Development DirecI&ETING DATE AYES: n77 Revie ed y: NOES: ABSENT: P . Gibson, Director of Finance VERIFIED BY: Original on File with Ci C erk's Office ;Jol v M. Wohlmuth, City Manager J \\srv-fil2k3\groups\Planning\Lauri Aylaian\General Plan Update\RFP and Consultant Selection\Raimi+Associates Contract Award Staff Report 4-24.14.doc CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT / CONTRACT NO. C33240 1 Parties and Date. This Agreement is made and entered into this 25th day of Aril, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Raimi + Associates,Inc. ("Consultant"'), a Formatted:Highlight California corporation, 36'0-I-ire 'ate 226, R ve s de, Galifern a 925072000 �l Hearst Avenue, Suite 306, Berkeley, CA 94709. City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional planning services for the update of the City of Palm Desert Comprehensive Plan and preparation of the associated Environmental Impact Report, Contract No. C33240, ("Project") as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. r 3.1.1 General Scope of Services. Consultant promises and a reel to furnish-to-the- Comment[AI],changes are acceptable to ---------- ---------- - City all labor, materials, tools, equipment, services, and incidental and customary work the City. necessa f UkK and adequately supply the professional planning services required herein or the Project ("Services") .and consistent with the level of effort ,,- Formatted:Highlight iden here; f � x i it °C. The Services are more particularly described in Exhibit "A" ched hereto and incorporated herein by reference. Consultant shall exercise due , professional care to provide that Aall Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein �1{✓ by reference, and all applicable local, state and federal laws, rules and regulations. V Contract No. C33240 fi 3.1.2 Term.The term of this Agreement shall - from A i4 2gMay 25. 2 _- to attea:Highlight November. 25, 2016, unless earlier terminated as provided herein. Consultant sh I Formatted:Highlight ------------------------------ ------ -- - complete the Services within the term of this Agreement, and shall meet any oth Formatted:Highlight established schedules and deadlines. G 3.2 Responsibilities of Consultant. � �/� �� 3.2.1 Independent Contractor; Control and Pavment of Subordinates. The Services ON- shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers'compensation insurance. 3.2.2 Schedule of Services. Consultant shall_perform the Services expeditiously, -- comment[A21:Changes are acceptable to within the term of this Agreement, and in accordance with the Schedule of Services set the city. forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant - represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a p� timely manner. F ^�_,�—� Consultant and City both _ co ment{As]E This is a project management acknowledge that Consultant shall not be responsible for delays bevond Consultant's item that could result in significant time on our reasonable control. , part.Its too open ended. A~r 3.2.3 Conformance to Applicable Requirements. All work prepared by_Consu_lta_n_t _ - comment[Aa]:Changes are acceptable to shall be subject to the approval of City which shall not be unreasonably withheld the city. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree. ttstfie sti 'bn of key personnel, City shall be entitled to terminate this Agreelne toese. s d_i ssed below, any personnel who - Formatted:Highlight fail or refuse to perform the 8ery nne ceptable to the City, or who are determined by the City to be urLoop77at --in, ompetent, a threat to the adequate or dolt 2 Contract No.C33240 timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP, Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; and Mr. David E. Bergman, AICP, Principal, MR&E. 3.2.5 City's Representative. The City hereby designates Ms. Lauri Aylaian, Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Council is the only authorized body that can approve increasing the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew Burris, AICP, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant a�varrats represents that all employees and subconsultants shall have sufficient skill and Comment[A5]:Charges are acceptable to - - -- -- - --- - -- theClty. experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any 3 Contract No. C33240 employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all 4violations of such laws and regulations in connection with Services.—If Sens y_wefk—k+4Gwh4g_4t--te be—GeRtra Consultant shall defend, indemnify and ld Gity, its OffiGials, direGtOFS, OffiGGFS, employees, agent6, and volunteers free and harmless, pumuaplt to the indemnifiGaUGR - Comment[A6]:We'd prefer to contain all indemnity language in Article 3.5.6. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it Comment[A7]:This is acceptable,but the has provided evidence satisfactory to the City that it has secured all insurance required Word"negligent"must be deleted, under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury-and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned lif an ; - Formatted:Highlight hired, non-owned or rented vehicles, in an amount not less than $ QQ0,000 combin Formatted:Highlight single limit for each accident. 4 Contract No. C33240 aggFegate. Any poliE;y iRGeptien date, Gentinuity date, or retFeaGtive date must be bef with this Agreement, in th- I I mount of $1,000,000 peF E;Iairn and in work to be peiterrned under the Agreement and delete any 9XGIUGieRS that may Comment[A8]:It's acceptable to remove this requirement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. 5 Contract No. C33240 .City's Rights of Enforcement: In the event_any_policy of insurance required under this - For ced:Highlight Agreement does not comply with these specifications or is canceled and not replaced,City has the right but not the duty to obtain the i raRce it deem n s&aI -at}c4-any .� City may cancel this Agreement. Comment[A9]:City may cancel contract agreement but not purchase insurance. Acceptable Insurers: All insurance policies shall be issued by an insurance company Formatted:Highlight currently authorized by the Insurance Commissioner to transact business of Insurance Formatted:Highlight in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. - Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall ,{ specifically allow Consultant or others providing insurance evidence in compliance wit these specifications to waive their right of recovery prior to a loss.�G944sultant - acted:Highlight waives its own Fight ef Fe t the City of Palm Deseirt, and shall requ*a - Comment[A10]:We should not agree to this. It needs to come out. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and Formatted:Highlight agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages xce t .. .` __shall_be_primary and_any other insurance, deductible, or self- Comment[Ali]:Changes are acceptable to insurance maintained by the indemnified parties shall not contribute with this primary the city. insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to ebl+ge re uire its insurance agent or\ broker and insurers to provide to City with a thirty(30) day notice of cancellation texsept - Formatted:Highlight o_r nonrenewal of Coverage _- comment[Al2]:Insurance companies don't for each required coverage. --- do this.only 30 day notices. Formatted:Highlight Additional Insured Status: General liability— and Automobile Liability,—�pI-4 For tted:Highlight policies shall provide or be endorsed to provide that theme=- orma d:Highlight City of Palm Desert and its officers, officials, employees, and agents shall be additional\� -� mmen 13]:We don't and never will ve polluti lability so this should come out. Contract No. C33240 insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Comment[A14]:This is written for -- --------- -- ---and- :------------------------•- - construction contracts and should be deleted. Formatted:Highlight Formatted:Highlight Comment[A15]:Acceptable to change "necessary to"reasonable." to: (A) adequate life preteGtion and lifesaving equipmeRt and PFE)Gedure6� Formatted:Highlight Formatted:Highlight walkways, soaffelds, fall preteGtien ladders, bridges, gaRg plaRks, Genfined spaGe N edures tre RGh'r. D, . tther6 Ret-6 �����r -- ,- ent[A16]:Changes are acceptable to the City. Additional Insurance: Consultant shall also procure and maintain, at Its own Cost and Formatted:Highlight expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seven hundred ninety-nine thousand seven hundred 7 Contract No.C33240 and three dollars ($799,703) without authorization of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or work for tasks that is at a significantly higher level of effort than b'- For, :Highlight anticipated. Consultant shall not perform, nor be compensated for, Extra Work without 1 authorization from the City Council. to ' 3.3.5 Rate Increases. In the event that this contract is extended beyond the dat specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the time of renewal in accordance with the change (increase or decrease) in the Riverside County Consumer Price Index for the previous twelve months. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate 8 Contract No. C33240 the whole or any p of this Agre ent at any time and without cause by giving written notice to Consulta t of such termina n, and specifying the effective date thereof, at least eevea-F7•�ten 10 usiness da fore the_effective date of_such termination. ,, Formatted:Highlight - ------ ------------ --------- Prior to termination due to cause Ci will ake reasonable effort to rovide notice and opportunity for Con ultant to corre any def It. Upon termination, Consultant shall be compensated err-f those se ces which h e been adequately rendered to City_; and Consultant shall led to no furthe compensation beyond reasonable expenses for transfer of materials to the Cit GUFe Of GOR .-Consultant may ,-j comment[A17]:Changes to this paragraph ot not terminate this Agreement except for cause. C4- W�4, are acceptable' be delxcept tedhat "and closure u contracC should be deleted;it's too ambiguous. 3.5.1.2 Effect of Termination. If this Agreement is to • ted as provided herein, City may require Consultant to provide all finished or Is Documents and Data and other information of any kind prepared by Co sultant in onnection with the performance of Services under this Agreement. Con ultant shall b required to provide such document and other information within fifteen t 5)business ys of the request. - _-- Formatted:Highlight 3.5.1.3 Additional Services. In the event this Agr ement is rminated in whole or in part as provided herein, City may procure, upon such s and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Raimi +Associates --� 3600 Lime Street, Suite 226 /^ Riverside, California 92507 Attn: Mr. Matthew Burris, AICP, Senior Associate City: City of Palm Desert 73-510 Fred Waring Drive (,`r Palm Desert, CA 92260 v Attn: Ms. Lauri Aylaian, Director of Community Development Such notice shall be deemed made when personally delivered or when sent via_ ,,- Formatted:Highligh FedEx or other service that provides document tracking, t" n QoArV Actual notice shall be deemed adequate notice on the date �� Zrt t0 o actual notice occurred, regardless of the method of'service, ---_ comment�aia�:How about mailed with - -- retum-receipt or with notice via email.I don't trust US mail.How about FedEx or overnight 3.5.3 Ownership of Materials and Confidentiality. delivery service? Formatted:Highlight 3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement For tted:Highlight creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of 9 Contract No. C33240 authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents& Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.the non exslusfve and perpetual license-shall not-bed _ #�y�+h,n�vo„ons �tfltant. � Comment[A19J:This language is not acceptable and needs to be deleted. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, Comment[A20R19]:I can accept t is drawings, descriptions, computer program data, input record data, written information, N corr �� and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Maintenance of confidentiality by the Consultant excludes any disclosure required for Consultant to omply with pertinent laws Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. the Gity by 4hi- All information and documents that are provided to the City by the Consultant are considered proprietary and not public information. less;Gest OF G_ el the release ry IK}f6Fn}atiAf1: ,- Comment[A21]:we'd prefer to contain all indemnity language in Article 3.5.6. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. Comment[A22]:Changes are acceptable to the City. 10 Contract No. C33240 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law,-Consultant shall, Comment[A23]:None of the changes � proposed in this paragraph are acceptable to defend, indemnify and hold the City, its directors, officials, officers, employees, o the city. volunteers and agents free and harmless from any and all claims, demands, -- Comment[A24R23]:Here's the big one. causes of action, costs, expenses, liability, loss, damage or+n#t+ry ea+}v 4Eir+d-+n law er Pleaseadviseto property property or persons, including wrongful death, in any manner arising out of, Formatted:Highlight pertaining to, or incident to any d-negliaerii acts, errors or omissions, or willful Formatted:Highlight misconduct of Consultant, its officials, officers, employees, subcontractors, consultants Formatted:Highlight or agents in connection with , the PFGjeGt e�-this Agreement inGluding without limitation the payment ef all oe%equential &. :tn� + rl tt rney6 fee and oche- '-n-rVOSJ—rce.�—aTra uc�[v r -related E;est6 and exRQri�,Ps. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City shall cooperate reasonably in the defense of any action, and Consultant shall employ competent counsel, reasonably acceptable to City. To the fullest extent permitted by law, City shall defend. indemnify and hold the Consultant their directors officials officers, employees, volunteers and agents free and harmless from any and all claims demands, causes of action, �l costs expenses, liability, loss damage or injuryto or persons, including � \ wrongful death in an manner arisingout of erta' to r I nt to an negligent l acts errors or omissions or willful misconduct of it fficials officers employees, subcontractors consultants or agents onnect n t s A reement. ,. Comment[A25]:Modified the approved paragraph to be consistent with what the City is asking of us f1�t/2 t-,0 defend the Gansultants, its firs,..+., .,ff:�.., � �rmatted:Highlight \Formatted:Highlight Consultant's c .^ the o + this n c� c t ' ,, Comment[A26]:This added paragraph is acceptable to the City. 3.5.6.2 Additional Indemnity Obligations. To the fullest —e ;tted 4Dy h law, Formatted Highlight Consultant shall defend, with Gounsel of 9-..,, ��&.-'.Ultan`t"s OWR GOst-1 Comment[A27]:The changes proposed in this paragraph are acceptable to the City, Lwo,d ovided that 3.5.6.1 is restored to the original ing. rats. To the extent caused by the above. Consultant shall pay and satisfy any judgment,.settlement, award or decree_that ,- Formatted:Highlight may be rendered against City or its directors, officials, officers, employees, and designated volunteers and agents as part of any such claim, suit, action or other proceeding. 1 Contract No. C33240 L t6, ORGIudiRg GXpert WitReSS fees. GenGultant shall FeimbuFse Gity and AtE; direw)Fs, -f.l',F-LM.... pSi PFOvided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. Comment[A28]:See separate document for proposed language. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the '`'hwf .he dacarn�t� parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governino Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction: References: Captions. Sinee the Parties E)F the F agents have 4&4a4-n4earn fir 9i-aft&i tSt any RaFty. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, and designate(; volunteers except as otherwise s ecified in this A reement. Comment A29 :These deletions are not p------------ p-----------greeme t. [ ] The captions of the various articles and paragraphs are for convenience and ease of est rredbte;the original wording needs to be reference only, and do not define, limit, augment, or describe the scope, content, or ` intent of this Agreement. f Comment[A301129]:R+A-we are CdM'M4l comfortable with the original language if we can (>, > agree on the proposed indemnity language 3.5.14 Amendment; Modification. No supplement, modification, or amendment of Comment[A31]:This is acceptable. this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default 12 Contract No. C33240 or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the 13 Contract No. C33240 work required by this Agreement, except as expressly stated in Consultant's proposal dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT RAIMI +ASSOCIATES i By: By: Mayor or City Manager Matthew Raimi, Principal ATTEST: By: Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: Best Best& Krieger LLP City Attorney 14 Contract No. C33240 EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Initiation In this task, the Raimi +Associates (R+A)team will initiate the project, meet with City staff, and tour the City. This task includes the following sub-tasks: 1.1 Proiect Initiation Meeting R+A will meet with City staff to initiate and organize the project. During this meeting, participants will review and discuss the scope of work and the overall schedule,develop a detailed three-month project schedule, and review the current planning-related activities in Palm Desert relevant to this update process. A key component of this meeting will be to discuss the City's objectives and review and refine the Scope of Work, if needed. Additionally, R+A and the City will clarify roles and expectations, establish communication portals for information sharing and future discussions, discuss billing logistics; and share background information and materials. 1.2 Collect Information and Develop GIS Database City staff will provide the R+A team with all of its existing data, reports, and studies relevant to the General Plan update. Critically, R+A will collect existing GIS data from the City. We expect that the City will have, at minimum, the following data in GIS-based shapefiles: existing land use, general plan land use, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and County assessor data. R+A will collect additional information on Palm Desert including data from the US Census, the Riverside County Department of Public Health, SCAG, CVAG, and various State of California departments. Finally, R+A will create a base map of the City for use by the team throughout the project. R+A will prepare the base map in Adobe Illustrator and GIS (ESRI ArcMap 10) using high resolution aerial photos provided by the City and from GIS. 1.3 Kick-off Team Meeting/Tour Key members of the R+A Team will visit Palm Desert for a kick-off meeting and City tour. Note that some team members may only attend part of the kick-off meeting. The kick-off meeting will have three primary components: 1. Team meeting with City staff and the R+A Team. 2. Tour the city with City staff. 3. Meetings with individual department directors or staff. 15 Contract No. C33240 Task 1 Deliverables: • Project Initiation Meeting • Refined General Plan Work Plan and Schedule • Base Map of City • Kick Off Meeting and City Tour • Document and Data request Task 2: Community Engagement The R+A Team will work with the City to implement a public outreach process to ensure a transparent and efficient planning process. The tasks included in the scope represent R+A's idea for reaching the full spectrum of Palm Desert community members, but will ultimately be refined in the Community Engagement Plan after working directly with City staff. R + A will be the primary leader for the public outreach and visioning tasks described below, with continuous involvement by R+A in all efforts to ensure all team members gain first-hand understanding of the community's vision. 2.1 Technical Working Group The City will appoint a General Plan Technical Working Group (TWG) to support the General Plan update. Ideally, the group would consist of approximately 15 members. The R+A team will attend and facilitate one Technical Working Group meeting per month for crucial phases of the project, totaling approximately 14 meetings since meetings are not needed during certain phases of the project. The TWG may not need to meet in person on a monthly basis, but rather should meet regularly during key periods of data gathering and policy review, while checking in via conference line or email during months where the R+A Team is working on specific tasks. This will help prevent committee fatigue and provide potential TWG members with a more manageable time commitment to the project. R+A will kick off the Technical Working Group at the first meeting by reviewing the project purpose; discussing the contents and state requirements for the General Plan, the Highway111 corridor plan, the traffic model, and EIR; establishing the group's ground rules and role in the process; and reviewing the community engagement program and project timeline. The TWG will provide feedback at the following key project milestones: • Project kick-off • Community vision • Keyissues • Technical background studies • Key policy approaches • Land use and circulation alternatives 16 Contract No. C33240 • Corridor Plan development • Public review draft General Plan The R+A project team will provide a facilitator and the project manager, in addition to other needed technical staff for presentations, and prepare meeting agendas, presentations, and summaries for each meeting. 2.2 Stakeholder interviews R+A team members will conduct up to 8 one-on-one meetings with key members of the City Council, Planning Commission or community at the beginning of the process to obtain a better understanding of the project issues, the strengths of the City and their vision for the City. 2.3 Highway 111 Corridor Plan Workshops R+A believes the development and evolution of the Highway 111 corridor is critical to Palm Desert and is thus worthy of a substantial public outreach effort. The R+A Team will develop meeting parameters and provide guidance for the City to follow in efforts to conduct a series of public meetings. The focus of these parameters will be to provide uniformity in presenting information, facilitating dialogue, garnering input, and fostering consensus. Workshops will be creative forums in which a free flow of ideas can take shape toward a common purpose. The challenge of these meetings will be to ensure adequate and broad-based participation in order to avoid homogenous or narrow input. To make sure that all voices are heard, the R+A Team will supplement the public meeting presentations with Turning Point software. Turning Point is designed to work on top of Microsoft PowerPoint. Participants are given a credit card size infrared voting device that allows them to anonymously vote on issues, survey questions, and ranking/prioritization questions. Results appear immediately as a compiled bar or pie chart on the slide. Because voting is anonymous, it prevents a vocal person from dominating the meeting with their ideas and supports "one voice one vote." It also enables the meeting facilitator to have a more dynamic discussion as follow-up to the results. The agendas and approach for each workshop will be developed in collaboration with the City to identify the best format based on the audience, information to be presented, and input needed. The R+A Team will share lessons learned and best practices to assist in the decision making process. The R+A Team will conduct the following four public workshops at key project milestones: Workshop No. 1 - Background InformationNisioning: In this workshop, which may be scheduled on a Saturday for a 3 to 4 hour block, the Team would make an opening presentation that includes a summary of the existing conditions analysis and a range of corridor precedents that may sere as models for elements of the Highway 111 Corridor 17 Contract No. C33240 plan. Following this presentation, participants will be invited to ask questions and offer comments, and then be asked to break into smaller groups to discuss opportunities and constraints in the Plan Area. Base maps of the Plan Area would be provided at the group tables and posters of the analysis and precedents could be hung around the walls of the workshop space. Team members will facilitate discussions and provide information. At the end of the workshop, group representatives will report their results to the assembly. Immediately following the Workshop, the team will hold a debrief meeting with City staff and the TWG. Workshop No. 2 - Public Realm Framework Plan and Development Types: Building off the public input received during Workshop No. 1, this workshop will focus on establishing a framework for pedestrian-friendly streets and sidewalks, focusing on streetscape and building frontages. During this workshop, the R+A team will also begin to explore appropriate development types for different segments of the Highway 111 Corridor. Workshop No. 3 - Preferred Land Use Alternative: Building on the community input received in Workshop No. 2, a draft land use plan that assigns specific development types and intensity ranges to each sub-area of the Plan (or segment of the Corridor) will be presented and discussed (See Task 6 for more detail on the draft land use plan). Workshop No.4 - Public Review Draft Highway 111 Corridor Plan: This workshop will focus on key components of the Public Review Draft Corridor Plan. 2.4 General Plan Workshops In addition to the community workshops focused on the Highway 111 Corridor Plan, R+A will conduct two community workshops on the General Plan once the Public Draft has been prepared and released: Workshop No. 5 - Public Review Draft General Plan Update: This workshop will present the Draft General Plan to the public. The primary intent of this workshop will be to brief the public on the highlights of the plan and receive informal feedback. This workshop be held in an Open House format to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Public Draft General Plan. Workshop No. 6 - Public Review Draft EIR: The second General Plan workshop will focus on the Draft Environmental Impact Report. The intent of this workshop will be to brief the public on the content and implications of the Draft EIR. An Open House format will be used to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Draft EIR. Task 2 Deliverables: 18 Contract No. C33240 • Technical Working Group meeting presentations, materials, and summaries for 14 meetings (note, number of in person meetings may be reduced with additional budget made available for other participation opportunities) • Up to 8 stakeholder meetings • Four Corridor Plan Workshops • Two General Plan Workshops • Public workshop agenda and approach memorandum, meeting materials, facilitation services, and workshop summaries Task 3: General Plan Back Ground Investigation During the early phases of the project, the R+A team will prepare an existing conditions report focusing on topics of critical importance to the City and the General Plan Update. The existing conditions will describe current trends and baseline data for these particular topics while exploring and analyzing key issues that impact the City and its community members. R+A will package the Background Investigation as a Technical Background Report, which will ultimately serve as the existing conditions section of the EIR. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. 3.1 Review and Assess Reports, Studies, and Regulations A critical starting point for this project will be to review and assess the recently prepared Strategic Plan, as well as other planning reports and documents, to understand the vision of the City and to identify any gaps in data collection and analysis. In addition, R+A will gather information on existing City planning, economic development, transportation, and sustainability policies to understand the current policy context. This will allow R+A to build off the considerable work that has been completed to date by the City and to ensure that both the existing conditions and the General Plan policies are consistent with the City's vision and values. 3.2 Prepare Background Report Outline The R+A team will prepare an outline of the Technical Background Report and work with City staff to refine the structure. 3.3 Admin Draft Background Report During the first phase of the project, the R+A team will develop a comprehensive Background Report to explore and document the existing conditions in Palm Desert. The report will analyze and present information about past and current conditions in the City, input collected during previous community outreach activities, and future trends in the City, County, region, and State. The report will provide a backdrop for the General Plan and serve as the existing setting section of the EIR. Each section will also include a subsection identifying the existing conditions of the Highway 111 Corridor Plan area as well, to simultaneously lay the groundwork for the Corridor Plan. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the 19 Contract No. C33240 highlights into the final Background Report. While the exact content and structure of report will be discussed with staff, we expect it to include the following information: A. Demographics and socio-economics. This chapter will present basic information about the City including the size of the City, the population characteristics (e.g., age, gender, race/ethnicity, etc.), educational attainment levels, and income. The chapter will also focus on the location of socioeconomic disparities in Palm Desert and how the City compares to other nearby/comparable communities and Riverside County as a whole. B. Land use and urban design analysis. This chapter will present an analysis of the built environment of Palm Desert and will be comprised of: 1. Land use analysis including existing land uses, general plan designations, zoning, past and future growth trends, recent and proposed development projects, and an analysis of existing planning documents. 2. General Plan effectiveness, assessing the City's progress in achieving the goals in the 2004 General Plan and considering which components of the existing framework should be preserved. 3. Urban design analysis including views, vistas, scenic resources, gateways, major geographic features, major community features, natural land form features, and open space. R+A will address how these features enhance the area and how might they be improved to provide a stronger identity for the community. 4. A mapping of the neighborhoods, districts, and corridors in the City to identify and categorize a typology of places based on the land use, urban form, and character of each area. As part of the analysis, R+A will identify undeveloped or underutilized land in the City and the growth potential using existing zoning regulations. C. Transportation and circulation. Fehr & Peers will prepare a background report summarizing existing mobility conditions, which will include an inventory of transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary of their current operation. The report will include a functional classification of City streets; an inventory of existing signalized intersections; collision statistics in the City over past five years; pertinent traffic and travel information available from the City, SCAG, CVAG, the US Census, and other sources; existing transit services and facilities; existing bicycle facilities; and existing pedestrian facilities. Additionally, because mobile source greenhouse gas emissions (GHG) make up a large portion of the City's total GHG output, innovative mobility policies will be a vital component of the General Plan Update. To ensure that the project team and City staff are made aware of the latest developments in transportation planning, Fehr& Peers will conduct a review of best practices to guide the preparation of the Mobility Element. Some potential Transportation Best Practices could include: complete streets; multi- modal level of service (MMLOS); Layered Networks; and alternative vehicular networks. Fehr& Peers will collect existing transportation data for use in this study. Fehr& Peers 20 Contract No. C33240 will use existing traffic counts from other studies but new traffic counts will likely be required. The scope and budget assume that Fehr & Peers will conduct peak period traffic, pedestrian, and bicycle counts at up to 40 signalized intersections and 24-hour machine traffic counts on up to 40 roadway segments. E. Market conditions. MR+E will prepare a market conditions assessment for Palm Desert. The chapter will lay the foundation for a plan that promotes investment, is financially feasible, and can be implemented. This will include an estimate of real estate demand potential (housing and commercial uses), economic development opportunities, and other economic trends. This task will be comprised of three steps: 1. Preparing a market demand analysis of the potential for employment, housing, and commercial development. 2. Identifying opportunities and catalyst sites and formulating public-private financing and implementation plans. 3. Working closely with the community to identify the concerns and potential benefits of new development in the City. As part of this task, the R+A Team will interview representatives of regional economic development agencies, key employers, developers, property owners, brokers, and other stakeholders to understand the competitive advantages and disadvantages for economic development in the City. The information above will be included in the Market Conditions chapter of Background Report. F. Health. R+A will prepare a Health Chapter that discusses key issues and opportunities for the relationship between community health and the built environment. The chapter will present a brief summary of the literature on the relationship between health and planning, key indicators of health and equity, and opportunities for changes that may improve health conditions, social equity, and environmental justice in the community. The health-related topics that may be covered, pending the availability of information, are overall health and wellness, physical activity levels, exposure to substantial concentrations of air pollutants, exposure to toxics and hazardous materials, access to nutritious foods and a retail food environment analysis, access to health care and health facilities, access to parks and open spaces, mental health services, and transportation safety. This information will form the basis for a "Rapid" Health Impact Assessment (HIA) of the General Plan alternatives and can be used to support other studies such as the HIA on the oil well facility. G. Climate change. R+A will prepare a chapter that summarizes existing conditions and trends for climate change, adaptation and sustainability. The chapter will summarize the GHG emission inventory for the City and highlight sectors where policy changes could produce significant GHG reductions. In addition to climate and GHG emissions, the chapter will focus more broadly on measures of sustainability including water use and conservation, solid waste reduction, green building policies, procurement practices and other measures. 21 Contract No. C33240 H. Parks and public facilities. This section will examine the amount, location, and condition of parks, recreation facilities, civic buildings, and community centers. The section will also examine the status of police and fire facilities, public safety, and service calls. I. Natural environment, resources and conservation. PMC will conduct an assessment of natural environment conditions in and around Palm Desert including natural open spaces, and natural resources. This discussion will include biological resources, geologic resources, natural hazards, and mineral resources. As part of the assessment, the team will analyze the policies encouraging the preservation and enhancement of these resources. J. Noise. This chapter will present the existing noise environment of the City. It will include a review of the history of noise-related complaints received by City staff over recent years, a survey of the City to identify noise sources and sensitive land uses, and 15- to 30-minute noise measurements from up to ten locations within the City. Once measurements are taken, Rincon will analyze traffic noise levels; develop a table of noise contour distances for major arterials, prepare a noise contour map for major noise sources, and prepare a summary of the key noise issues for the City. K. Cultural Resources. Palm Desert is part of a region that has seen human occupation for thousands of years. According to the City's Archaeological & Cultural Resources Element, 138 archaeological sites have been identified and recorded in the Palm Desert planning area, 125 of which are prehistoric (Native American) sites. The City also has a number of historic structures dating from the late 1940s and early 1950s. These are concentrated around the urban core of the City, although structures of similar vintage are likely to be found in outlying communities, such as Thousand Palms and Cahuilla Hills. For historic structures, or historic-period archaeological remains dating before 1940, the most sensitive areas within the planning area are along the Colorado River Aqueduct, between the Indio Hills and the Southern Pacific Railroad, and around the original community of Palm Village north of Highway 111. The City currently reviews development proposals for their potential impacts to archaeologically and historically significant resources and may require additional studies if the potential for damage to resources is identified. Rincon will review the existing historical, archaeological, and paleontological conditions within the City. As part of this effort, Rincon will describe the existing historical, archaeological, and paleontological setting within the City by reviewing existing City resources, the current Archaeological & Cultural Resources Element, relevant literature, previous surveys and inventories of recorded historical, archaeological, and paleontological resources, historic maps of the area, and available historic photographs and aerials views. As part of this effort, Rincon will provide recommendations for the continued identification, designation and protection of the City's cultural resources. 3.4 Traffic Model Update 22 Contract No. C33240 As part of Background Report effort, Fehr & Peers will detail the latest version of the Riverside County Model (RIVTAM) to provide additional detail within the City of Palm Desert. This model has been reviewed by CVAG Staff and is required for use in all projects in the Coachella Valley based on an MOU between CVAG Staff and Riverside County Staff. This additional detail would include more defined TAZ's and roadway networks. A Base Year (Validation) and Future Year (General Plan Buildout) model would be developed. Fehr & Peers will also coordinate with Riverside County Staff to facilitate their review and approval of the model, as required by CVAG Staff and Riverside County Staff. Prior to its use, Fehr & Peers will validate the detailed Base Year Model for RIVTAM to match available traffic count data. Fehr & Peers will apply standardized criteria for the validation process as developed by FHWA, Caltrans, and other agencies. An AM Peak Hour, PM Peak Hour, and Daily model will be developed for use in the General Plan roadway network and Environmental Impact Report analysis. Once the Base Year Model is validated, Fehr& Peers will prepare a draft report summarizing the findings of the validation for submittal to the City and Project Team. Once land use forecasts are available, Fehr & Peers will develop a Future Year Travel demand model which will be used for the General and Environmental Impact Report. 3.5 Final Background Report Following the delivery of a single, consolidated set of comments from City staff, the R+A team will prepare a final Background Report that can be released to the public. Task 3 Deliverables: • Background Report Outline • Admin Draft Background Report • Final Background Report • Detailed City of Palm Desert Traffic Model Update Task 4: General Plan Vision and Alternatives Following the review and approval of the Background Report, R+A will lead the City through an effort to confirm the long term vision, the goals for the City and to develop physical and policy alternatives that respond to the issues and trends identified during the previous task. This effort is expected to confirm the vision and direction for the majority of the City and a majority of topics and then focus on areas where further discussion is needed. For land use, this could mean focusing only on a few areas of the City while the majority of areas are "areas of preservation" where limited change is expected. 4.1 Develop Vision and Alternatives The first step in the process is to develop the citywide vision and General Plan goals. 23 Contract No. C33240 During the process, the R+A team will conduct a thorough review of recent plans, such as the Strategic Plan. Significant work has been completed and it is imperative that this excellent work be the starting point for developing the vision, goals and plan alternatives as this process will identify locations and topics where there is clear policy direction, areas where no direction exists and areas where there is conflicting policy direction. The vision will be developed through working closely with the Technical Working Group and consideration of information received through the early Highway 111 Corridor Plan Workshops. The result of this task will be the following: • Compilation of work done to date to prepare a citywide vision and policy direction • Draft Vision statement • Citywide goals by topic • Identify key policy issues to be addressed • Identify policy alternatives to address potential key issues. These will focus on policies improve livability and walkability in the City, but will also include other topics such as economic development and public facilities and services • Land use alternatives for areas of the City where there is a potential for future change. The areas of potential change will likely include commercial corridors, the downtown, potential sites to meet RHNA housing needs, and other areas where future commercial uses may be possible • Transportation alternatives to address key policy issues such as increasing active transportation or multi-modaV"complete"streets 4.2 Conduct Alternatives Analysis The R+A team will prepare a "matrix-level" analysis of alternatives that compares the various land use and policy alternatives, with an emphasis on climate-oriented policies. Where possible, the R+A team will use quantitative measures. The topics expected to be covered in the matrix-level analysis are land use (land use by type, housing units, population), market (jobs by type), transportation, sustainability and environment, and public health. Specifically, the alternatives analysis will include the following: • Growth projections. R+A, with assistance from other team members, will prepare forecasts of land use, population and employment changes that are expected to occur in the City during the planning horizon of the General Plan. These estimates may be based solely on growth projections from SCAG or may be based on another methodology recommended by R+A. • Economic analysis. For each land use and for key policies scenario, MR+E will build a static fiscal impact model to measure the costs and revenues for the City's General Fund. This will include the following sub-tasks: o Development of assumptions for analysis. MR+E will collect current fiscal and demographic data for Palm Desert, including the City's budget for the 24 Contract No.C33240 most recent fiscal years and additional tax and revenue information, such as sales and property tax rates. o Analysis of ongoing revenues to the City. For each land use scenario, MR+E will estimate major revenues generated, including property tax, transfer tax, vehicle license fees, and sales tax. o Analysis of ongoing costs to the City. For each land use scenario, MR+E will calculate the additional General Fund costs to provide municipal services. To assess costs, MR+E will conduct interviews with the heads of key departments(including Fire, Police, Parks, and Public Works). • Transportation analysis. Fehr& Peers will conduct a qualitative analysis of up to three land use alternatives. Alternatives may reflect different allocations of the total growth forecasts, though they will all maintain the same overall amount of change. • Noise. Rincon will also support the alternatives analysis by analyzing the future noise environment in the City with and without the project alternatives and will prepare a noise contour map for the preferred alternative. • Climate change. R+A will analyze how the alternatives perform in terms of greenhouse gas emissions to help the City understand how to best comply with the intent of AB 32 and SB 375. • Health. Using the data and indicators identified in Task 3, R+A will prepare a "Rapid" Health Impact Assessment (HIA) of various policy and physical alternatives. The analysis will primarily be a qualitative analysis stating trend/direction, magnitude, and significance, but will not necessarily calculate a numeric projection. 4.3 Create Final Land Use and Transportation Plan Based on the results of the ongoing meetings with the Technical Working Group and the Corridor Plan workshops, the R+A team will finalize the land use direction and preferred planning alternative for the City. R+A will provide the City with a memo summarizing our understanding of the preferred alternative. Task 4 Deliverables: • Alternatives that include vision, citywide goals by topic, land use and transportation alternatives, policy alternatives • Qualitative alternatives analysis • Technical memo summarizing final land use and transportation plan Task 5: General Plan The R+A Team, working closely with City staff, will develop the policy direction for the 25 Contract No.C33240 General Plan Update. 5.1 General Plan Outline and Policy Framework The first step in the process will be for R+A to develop a draft General Plan outline. This will detail the key chapters in the documents and the expected order of information. After the outline is reviewed by City staff, R+A will develop a policy framework for each chapter of the General Plan. The policy framework will identify goals, policies, and implementation measures for each topic in the General Plan. As is discussed above, the policies will be derived both from existing policy documents (including the existing General Plan) and the alternatives development process discussed in Task 4. The policy framework will be reviewed by staff and the GPAC. Creating a policy framework document will allow the community to quickly and easily understand the policy direction of the City and provide feedback to the R+A Team prior to the drafting of the General Plan. Additionally, the outline and policy framework will serve to direct a conversation with City staff and the Technical Working Group about which General Plan elements should be preserved, which should be consolidated, and which should be eliminated. Finally, as part of this task, the team will work with City staff to create a standardized structure for the chapter content and language conventions for the goals and policies. This will include a mockup of the layout and design of the General Plan. 5.2 Administrative Draft General Plan R+A will prepare an Administrative Draft General Plan for review by City staff based on the outline and policy framework developed in Task 5.1. The structure and exact content of the General Plan will be decided as the project moves forward, however the R+A team will develop a cutting-edge, character-oriented General Plan. The General Plan will include all of the topics required by State Law plus additional topics as determined during the process. R+A and several team members are continually monitoring the progress, and occasionally weighing in through workshops and individual conversations, of updating the General Plan Guidelines by the Governor's Office of Planning and Research. During this task, R+A will formally check in with OPR on the status of the guidelines to ensure the General Plan is reflective of the most recent OPR guidance. More specifically, the General Plan will cover, at minimum, the following topics: • Land use, including existing and future uses and focused policies on different areas of the community. • Urban design and community character to preserve and enhance the unique quality of Palm Desert. • Mobility and circulation including, street standards, multimodal streets and active transportation. • Economic development including tourism, expanding commercial activity and fiscal sustainability. • Public facilities and services including the need for new facilities. • Historic preservation, including cultural and archeological resources. 26 Contract No. C33240 • Climate change and adaptation, including specific measures to reduce GHG emissions and adapt to a changing climate. • Sustainability including green buildings, water conservation, energy conservation, and other topics as decided through the public process. • Public Health policies to address active transportation, healthy lifestyles, access to healthy foods, air quality, social support, and other topics of concern. • Noise, to meet State requirements and address identified noise issues in the City. • Parks, recreation, and protection other open spaces. • A detailed implementation program that will provide the necessary steps for putting the General Plan into action. It is anticipated that this section will include specific actions, responsible parties, timeframes, and funding requirements. This implementation plan will also include near-term projects which can be implemented with existing funding programs to demonstrate progress towards achieving General Plan goals and policies. 5.3 Screencheck Draft General Plan After staff has reviewed the administrative draft General Plan and provided a single set of comments, R+A will prepare a screencheck draft General Plan that includes all figures, photos, maps and graphics. R+A will deliver the screencheck draft general plan as an Adobe PDF file for ease of review and to reduce printing costs. 5.4 Public Draft General Plan R+A will provide a copy of the administrative draft of the General Plan for staff — and any others selected by staff—to review. Staff will provide R+A with one complete set of all comments,which the R+A team will incorporate and address. Task 5 Deliverables: • General Plan outline • Draft and final policy framework • Administrative Draft General Plan (including seven hard copies and one electronic copy) • Screencheck Draft General Plan (including seven hard copies and one electronic copy) • Public Draft General Plan (including seven hard copies and one electronic copy) Task 6: Highway 111 Corridor Plan During this task, the R+A team, working closely with City staff, will develop a Corridor Plan for the revitalization of the Highway 111 corridor. For the purposes of establishing an initial scope, budget, and schedule, this scope assumes that the Corridor Plan will not be a standalone document but a set of tools comprised of: a vision plan for the corridor, detailed goals and policies pertaining to Highway 111 in the General Plan, Design Guidelines for the corridor, and an amendment, addition, or overlay to the 27 Contract No.C33240 Zoning Code that will provide updated development standards for new private development. For the purposes of this scope, "Corridor Plan" will refer to this set of tools. The R+A team will work closely with the City to ensure that the approach to the Corridor Plan will remain relevant to the City's desired outcomes. As such, the final form of the Corridor Plan may be somewhat varied by mutual agreement of the City and the R+A team to ensure the final product meets the City's needs. 6.1 Framework Plan Development and Develol2ment Alternatives Based on the community input received in Workshop No. 1, and on subsequent direction from City staff and the Steering Committee, R+A will prepare one to three framework plan alternatives for defining and differentiating the several Corridor segments and characterizing the community vision for each. This will include illustrations of a range of suggested streetscape characters, development types and pedestrian and bicycle connections into the adjacent neighborhoods. This will also include alternatives in terms of "degree of change," to identify segments in which little change is envisioned and segments targeted for more significant transformation over time. The vision plan alternatives will be illustrated with a combination of diagrams, illustrative plan vignettes, illustrative cross sections, 3-D models, precedent photographs, and photo-illustrations. 6.2 Preferred Framework and Vision Plan Based on the framework plan and input received in Workshop No. 2, the R+A Team will work closely with City staff and the Steering Committee to evaluate alternative development patterns and intensities, quickly moving to a draft land use plan that assigns specific development types and intensity ranges to each sub-area or Corridor segment of the Plan. Our urban designers, economists, environmental planners, and transportation planners will collaborate at each iteration to bring to the community a recommended alternative that balances transportation modes and parking demand, and generates vital pedestrian environments throughout and surrounding the Plan Area. The preferred alternative as selected and refined by the staff and the Committee will be documented and presented to the public in Workshop No. 3 for further input. It is important that the vision accurately reflects community goals and values, as this will provide the foundation for land use, urban design, mobility, economic development, and environmental policies and programs in the Corridor Plan. The development alternatives will be informed by the economic analysis completed in Task 3.3. MR+E will prepare a memo summarizing the preferred alternative and the market potential for development. 6.3 Administrative Draft Corridor Plan Based on an agreed upon framework, the R+A Team will prepare an Administrative Draft Highway 111 Corridor Plan for staff review and comment. The Corridor Plan will remain consistent with the City's General Plan and other City policies reviewed in Task 2 and effectively implement the goals, strategies, and standards developed as part in 28 Contract No.C33240 the community engagement during Task 3. A formal outline will be finalized with the City; however, the following is a summary of tasks to be completed in developing the Admin Draft Plan: Corridor Plan Goals and Framework The R+A Team will develop a set of Highway 111 Corridor Plan goals. The R+A Team will present these goals to City staff and the Steering Committee for review and comment. R+A believes it is essential for the City, community, and R+A Team to have a firm and clear understanding of project goals prior to developing Corridor Plan policies or programs. Additionally, receiving community support for long-term goals will help avoid any problems at later stages of the Plan development, as each progressive stage is an implementing tool for the agreed upon goals. These goals and policies will ultimately be embedded in the General Plan. Land Use The R+A Team will create a land use plan that is consistent with the goals and policies of the concurrent General Plan Update. The land use plan will show allowed land uses and density/intensity for each land use type. The City and R+A Team will jointly develop a land use plan and related policies to promote compatible development within the Plan Area, which is sensitive to surrounding residential, recreational (i.e., golf courses), and hospitality uses. Design Guidelines Based on the preferred framework plan and preferred alternatives for streetscape, open space, and development types, the Team will prepare draft design standards for each. The Design Guidelines will include: • A public realm illustrative/vision plan, including a network of streets, the frontage roads, alleys, paseos, plazas and courts. • A complete streets kit of parts, including recommended cross sections with parameters for frontage roads, cross streets, alleys/lanes, paseos, plazas, courts, etc. These would be formatted as guidelines, with a combination of illustrative plans and sections, 3-D models, and precedent photographs, along with short guideline narratives and bullet points for each type. • Private development guidelines including frontage type (frontage design) recommendations, building massing recommendations (varied by area to ensure appropriate transitions to adjacent houses or any historic buildings), and basic architectural design guidelines. Mobility and Parking R+A will address transportation and parking with input from City staff and applicable 29 Contract No. C33240 circulation element goals, policies and programs. Emphasis will be placed on livability principles, complete streets, place-making, and multi-modal connections. R+A will develop circulation objectives for the corridor plan, review existing circulation patterns and conditions in the area, and identify alternative strategies for parking and access. As part of this Task the R+A Team will work to identify opportunities for greenhouse gas emissions reductions and highlight the opportunities for co-benefits of reduced auto- dependency such as public health, air, and water quality improvements. The following circulation topics will be addressed in this task: • Pedestrian and bicycle facilities and safety • Street standards • Traffic calming • Street improvements • Parking strategies • Bikeways • Transit, including transit facilities Implementation and Development Standards The R+A Team will prepare an implementation program for inclusion in the General Plan to address implementation of major public improvements recommended in the Corridor Plan together with financing mechanisms and funding sources. This task will be grounded by an implementation analysis prepared by our economist. MR+E will prepare an economic development element that will focus on highly implementable specific projects that can be undertaken to facilitate economic development on Highway 111. The plan will provide a set of recommendations on actions that can be undertaken by the city and its partner agencies to develop public private partnerships for the provision of public improvements. This will consider the use of the available tools for the provision of improvements to the public realm and opportunities for public private partnerships. General strategies to be examined include: • Mello-Roos Community Facilities Act • Public Enterprise Revenue Bonds • Impact Fees and Exactions • Special Assessment Districts • Potential use of state and federal advantaged financing tools (NMTC, ARA programs, Cal (Bank etc.) • Others as determined by research Responsibilities by agency and jurisdiction will be identified as well as actions that would be required by the private sector will be inventoried. Opportunities for partnerships, joint ventures and developer initiated improvements will also be examined. The implementation section will be composed as a specific action plan with lists of responsibilities, costs and thresholds for development as opposed to providing generalized statements of goals and objectives. 30 Contract No. C33240 Additionally, the R+A team will prepare an addition to the City's Zoning Code in order to codify the new development standards. This addition might take the form of one or two new base zones, an overlay zone, or similar zoning tool and the ultimate form will be decided in conjunction with the City once the vision for Highway 111 has been defined. 6.4 Public Review Draft Corridor Plan The R+A Team will modify the Administrative Draft as directed by City staff and prepare and publish a Public Review Draft Corridor Plan for staff and general public review and comment. Task 6 Deliverables: • Corridor Plan approach recommendation and outline • Highway 111 Vision • Admin Draft Design Guidelines, Development Standards, and Implementation Actions (seven hard copies, plus one electronic copy) • Public Review Draft Design Guidelines, Development Standards, and Implementation Actions (Seven hard copies, plus one electronic copy) Task 7: Environmental Impact Report PMC, in association with Fehr & Peers, and Rincon, will prepare a legally adequate program-level Environmental Impact Report (EIR) in compliance with CEQA and the State CEQA Guidelines for the General Plan Update. The EIR will be comprehensive and address all environmental issues with a potential to result in significant environmental impacts. The text of the EIR will be supplemented with graphics and summary tables, as appropriate, to present information in a concise and easily understood format. 7.1 Establish Thresholds of Significance PMC, Fehr & Peers, and Rincon will work with City staff to establish thresholds of significance for each environmental topic to be addressed in the Program EIR. Some topics contained in the State CEQA Guidelines Appendix G checklist may not apply to Palm Desert. While the topical areas described in Appendix G will serve as a guide for development of the City's thresholds, the issues addressed may be further defined, modified, replaced, or dismissed. 7.2 Prepare Notice of Preparation PMC will prepare a Notice of Preparation (NOP) that includes a brief project description and a summary of the probable significant effects on the environment resulting from adoption and implementation of the Palm Desert General Plan Update. As the City is anticipating preparation of a comprehensive EIR addressing all required topics under CEQA, we will not prepare an Initial Study. The NOP will describe where relevant 31 Contract No. C33240 project documents are available for review, where written comments on the scope of the EIR may be sent, and the deadline for submitting comments. The NOP will also identify the date and location of a public scoping meeting to be held for the project. The NOP will be circulated for public comment for 30 days, as required under CEQA. As part of the NOP release, we will assist the City in preparing the necessary correspondence requesting Native American consultation required by SB 18. 7.3 Conduct Scoping Meeting The R+A Team will facilitate a scoping meeting during the NOP comment period. To promote attendance by both agencies and the general public, we recommend staging the meetings as one roundtable presentation in the mid-afternoon (primarily for agency staff), followed by a study session or agenda item designed for the general public before the Planning Commission on the same evening. R+A will prepare comment cards and a PowerPoint presentation for the scoping meeting and will present an overview of the environmental review process for the project. 7.4 Prepare Administrative Draft Program EIR PMC, in association with other team members, will prepare an administrative Draft Program EIR evaluating the potentially significant impacts that would result from implementing the Palm Desert General Plan Update. The EIR will contain all of the information and topics outlined in Sections 15120 to 15132 of the State CEQA Guidelines, and will be comprised of the following sections. Executive Summary The Executive Summary will clearly summarize the main findings of the EIR. It will include a summary table that summarizes the impacts, the significance of each impact before mitigation, any recommended mitigation measures (if required), and the significance of each impact after mitigation. The Executive Summary will also summarize areas of controversy, alternatives, and any significant and unavoidable impacts. Introduction The introduction will describe the organization, type, and use of the EIR; the environmental review process; the focus of the EIR analysis; other documents used to prepare the EIR; lead and responsible agencies; and opportunities for public comment. Project Description The project description will be based on the contents of the Palm Desert General Plan Update and will include the regional and local setting, project history, project objectives, project characteristics and components, phasing and implementation, and other information important to understanding the proposed project. It will also describe how the Program EIR can be used to streamline environmental review for later activities 32 Contract No. C33240 consistent with the Palm Desert General Plan Update. Below is an outline of the anticipated review process: • Determine whether the later project is consistent with or further implements the Palm Desert General Plan Update This evaluation would include later projects consistent with SCAG's Sustainable Communities Strategy (CEQA Guidelines Sections 15168, 15183, and 15183.5, SB 375, and SB 226). • Evaluate whether the later project would have environmental effects that are unique or peculiar to the project or parcel or would result in impacts not previously considered in the Program EIR. The later project's anticipated environmental effects would be compared against conclusions of the Program EIR. This would be done using a customized checklist similar to CEQA Guidelines Appendix G, provided as an appendix to the EIR (CEQA Guidelines Sections 15152 and 15183). • Determine and document whether the later project is covered by the Program EIR or determine the extent of environmental review for the later project. This would either identify that the Program EIR addresses the later project and no further environmental review is required, or would focus the environmental analysis for the later project to issues not addressed by the Program EIR. Setting, Impacts and Mitigation Measures PMC will describe the existing setting, and will identify impacts that would result from implementation of the Palm Desert General Plan Update, the level of impact significance, mitigation measures to reduce the impact to a less than significant level, residual impacts, and any unavoidable significant impacts. Because we propose that the Palm Desert General Plan Update be self-mitigating to the extent possible, mitigation and monitoring measures should become part of the Plan's implementation program. The EIR will also describe the regulatory framework for each topic area, and identify portions of the Palm Desert Municipal Code that can mitigate potential impacts. A comprehensive EIR addressing all topic areas specified within CEQA is proposed and, unless specific topics are excluded through the Scoping process. The topics are: • Aesthetics • Agriculture • Air quality • Biological resources • Cultural resources • Geology/soils • Hazards and hazardous materials • Hydrology/water quality • Land use/planning • Mineral resources 33 Contract No. C33240 • Noise • Population/housing • Public services • Recreation • Transportation/traffic • Utilities/service systems Certain sections of the EIR will require a high level of effort and significant technical analysis. These sections are listed and described below. Air Quality Rincon will prepare a CEQA-level Air Quality technical study, which will be documented in the EIR. The study will include a description of the project undertaking, the air quality regulatory and environmental setting, description of the methodology, analysis of potential impacts, and mitigation measures to avoid, reduce, or mitigate potential impacts to air quality, if necessary. The following steps will be undertaken to complete the study pursuant to guidance provided by the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook and Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning (General Plan Guidance). The Air Quality technical study will include a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. Rincon will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations in the area provide a summary of available ambient monitoring data. Rincon will also define the thresholds of significance for CEQA consideration, based on SCAQMD and City criteria and guidelines. The General Plan does not include any specific development proposals. Therefore, the analysis of temporary construction impacts will be qualitative in nature. SCAQMD thresholds for key pollutants of concern - volatile organic compounds (VOCs), nitrogen oxides(NOX), carbon monoxide (CO),sulfur oxides (SOX), respirable particulate matter (PM10), and fine particulate matter (PM2.5) —will be discussed, as will SCAQMD rules and regulations pertaining to control of construction-related emissions. The general type and size of project that may generate emissions exceeding SCAQMD thresholds will be identified, as will areas where potential future construction activity could adversely affect sensitive receivers. Rincon will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project-generated vehicle trips and stationary source emissions related to energy demand (i.e., natural gas consumption). This emission inventory will be compiled using CalEEMod and will be performed for the General Plan forecast year. Emissions will be compared to SCAQMD regional forecasts to determine whether the General Plan may have the potential to delay attainment of 34 Contract No. C33240 state or federal air quality standards. Rincon will also identify the potential for CO hot spots that may be caused or exacerbated by implementation of the General Plan as well as areas where sensitive land uses (such as residences) may be located within areas subject to exposure to elevated levels of diesel particulates or other toxic air contaminants. The analysis will consider motor vehicle volumes provided in the traffic study and the proximity of proposed sensitive land uses to high traffic levels. We have assumed that the CO hot spot evaluation will include screening level analysis of up to five local intersections. Cultural Resources Rincon will provide historic preservation, archaeological, and paleontological analysis for the Draft EIR, which will reflect the scope of issues arising from proposed General Plan update and offer strategic advice in relation to key historic preservation issues. Rincon will analyze the potential impacts of development facilitated by the General Plan against the CEOA significance thresholds for cultural resources and consider whether General Plan development may conflict with applicable goals, policies, or programs of the Archaeological & Cultural Resources Element. If deemed necessary, Rincon's cultural resources experts will provide mitigation recommendations to reduce potential impacts. Rincon will also provide recommendations for any specific research/assessments/studies regarding potential historic resources. Archaeological documentary research will include a review of relevant published scholarly literature, a search of archaeological and historic maps, records and reports for the City of Palm Desert area in the California Historical Resources Information System (CHRIS) on file at the Eastern Information Center, and a search of the California Native American Heritage Commission's (NAHC's) Sacred Land Inventory. Additionally, Rincon will consult with Historical Society of Palm Desert regarding any archaeological and Native American collections which the society may curate. Rincon will consult with appropriate Cahuilla and other Native American traditional cultural practitioners identified by the NAHC to identify places of cultural importance to tribes for which the City of Palm Desert is part of their traditional aboriginal territories. Consulted Native American representatives will be invited to identify any concerns regarding the General Plan update and cultural resources. Historical resources documentary research will include a review of relevant literature, including previous survey reports, inventories, assessments and reports available for the area through the CHRIS SCCIC as well as the City of Palm Desert and the Historical Society of Palm Desert. Records to be consulted may include but may not be limited to the recent citywide survey (2011) as well as the museum and archives maintained by the Historical Society of Palm Desert, relevant City documents (municipal codes, regulations, planning reports); historical materials (period newspaper articles, photographs, maps), and published local histories. 35 Contract No. C33240 Energy Use and Greenhouse Gas Emissions With regard to energy conservation, PMC staff will build off their previous work on the Energy Action Plan and work with the California Energy Commission (CEC) and service providers where possible to identify energy use data to characterize the existing and future energy use. Greenhouse Gas Emissions Energy demands associated with the proposed General Plan Update will be identified and analyzed against projected regional energy availability. The analysis will also determine whether the General Plan Update would cause energy to be consumed in an inefficient manner. PMC will prepare a greenhouse gas (GHG) emissions impact analysis section. We will draw heavily on GHG reduction measures and analysis completed as part of the General Plan Update. We will summarize federal, state, and local GHG-related regulations, policies, and programs, and identify Palm Desert General Plan Update policies and implementation programs that can reduce GHG emissions. In coordination with City staff, PMC will consult with the SCAQMD regarding appropriate methodologies to assess impacts. The analysis will use the most current plan-level thresholds of significance considered or identified by the SCAQMD. The determination of significance will be based on whether the level of GHG emissions generated with implementation of the Palm Desert General Plan Update would constitute a substantial contribution to the significant adverse cumulative impacts of global climate change. If the construction or operation of projects consistent with the Palm Desert General Plan Update would violate the applicable thresholds of significance, mitigation measures (quantitative and best management practices) that clearly identify timing, responsibility, and performance standards to avoid or fully reduce adverse and potentially adverse effects will be developed and applied, where necessary, using guidance from CAPCOA and SCAQMD. To the extent practical, PMC will recommend incorporating these measures as Palm Desert General Plan Update policies or implementation programs. Noise Rincon will prepare the Noise section of the EIR based on the technical noise study, which will: establish standards of significance, policies and guidelines; describe the existing setting; and analyze potential noise and vibration impacts related to construction activities, surface transportation, and other aspects of the operation of individual projects that are noise intensive or that have the potential to generate substantial noise. Potential noise increases along major roadways will be calculated and forecast noise levels will be compared to proposed standards to determine whether or not General Plan implementation would create potential noise compatibility issues. Other areas of potential noise incompatibilities (e.g., areas where residential and industrial uses abut, mixed use districts) will also be identified. As necessary, Rincon will develop mitigation measures to address any compatibility impacts, focusing on solutions related to design and use of sound-attenuating building materials. 36 Contract No. C33240 Transportation and Traffic PMC will prepare the Transportation and Traffic section of the EIR based on a technical report completed by Fehr & Peers. Fehr & Peers will summarize the previously developed existing conditions analysis for inclusion in the transportation impact study. Using the Citywide Travel Demand Model developed in Task 3, Fehr & Peers will estimate local and regional growth in transportation demand, based on future land use forecasts and known regional transportation network changes. Future land use estimates for the City of Palm Desert will be vetted with the project team and City staff prior to running the model to forecast future conditions. Future roadway traffic volumes and LOS will be estimated using the verified land use forecasts and General Plan transportation network. Transportation impacts associated with the General Plan will be evaluated in accordance with the standards identified in Phase 1. Mitigation measures will be identified to address impacts associated with the general plan. Fehr& Peers will also support the project team in its development and quantification of General Plan sustainability strategies through the following: • Assisting with the development of any GHG reduction targets. • Calculating the effectiveness of national and statewide strategies related to transportation. • Developing VMT and GHG reduction strategies related to transportation. Fehr+ Peers will then prepare a draft report for review and submittal. Water Supply With regard to water supply, PMC will use existing documentation on water supply planning for the City to address future water supply demands and the anticipated ability to provide service (i.e., 2010 Urban Water Management Plan). This will include a discussion and analysis of the possible water supply sources and associated infrastructure, competing interests and needs for water supply, and the associated environmental effects of water supply provision (consistent with State Supreme Court CEQA decision under Vineyards Area Citizens for Responsible Growth v. City of Rancho Cordova). Cumulative Impact Summary An EIR must also discuss cumulative impacts of a project pursuant to CEQA Guidelines Section 15130. PMC will prepare a cumulative analysis summary that addresses each topic covered in the environmental analysis and will identify appropriate mitigation measures for any significant impacts. The analysis will assess the cumulative impacts of implementing the Palm Desert General Plan Update relative to SCAG regional forecasts. 37 Contract No. C33240 Alternatives An EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. PMC will coordinate with City staff during preparation of the Palm Desert General Plan Update to develop and analyze up to three (3) alternatives to the proposed project, in addition to the no project Ialternative. Other CEQA Requirements The EIR will include other required sections, including growth-inducing impacts of the project, significant irreversible environmental effects, and a summary of significant and unavoidable impacts of the project. The growth inducement analysis will discuss ways in which the Palm Desert General Plan Update could indirectly or directly foster economic or population growth. This could include construction of additional housing or projects which would remove obstacles to population growth. Environmental Review Checklist for Subsequent Projects While not required under CEQA, PMC will include an environmental review checklist that could be adopted as part of the Palm Desert General Plan Update which would expand the City's use of the State CEQA Guidelines Appendix G checklist for future projects consistent with the Palm Desert General Plan Update by using the thresholds and mitigation identified in the EIR. The purpose of this checklist will be to identify when subsequent projects are fully or partially addressed in the environmental analysis in the Program EIR and to what extent further environmental review would be required. This checklist will be designed with items specific to Palm Desert and would utilize and cross-reference analyses in the EIR. PMC will provide the administrative draft EIR to the City for review and comment. One round of administrative draft review is anticipated. 7.5 Prepare public draft EIR PMC will incorporate one round of consolidated City comments on the Administrative Draft EIR and submit a Screencheck Draft EIR, followed by a Public Draft EIR and Notice of Availability to the City for distribution for a 45-day public comment period. PMC will file 15 copies of the Executive Summary and 15 CDs of the entire document (as preferred by the State Clearinghouse) and an NOC with the State Clearinghouse. The City will distribute the EIR to interested stakeholders and/or publish the Notice of Availability in a newspaper of general circulation. 7.6 Response to Comments and Final EIR PMC will review the comments received during the public review period on the Draft EIR. We will compile the responses to comments and make necessary changes to the Draft EIR to create the Administrative Final EIR. The Administrative Final EIR will include an introductory chapter, enumerated comment letters and public hearing 38 Contract No. C33240 comments on the Draft EIR, responses to all comments on the Draft EIR, and a listing of revisions to the Draft EIR. The Draft EIR will not be reprinted as part of the Final EIR. Any revisions to the text or analysis of the Draft EIR would be noted by Draft EIR page location within the Final EIR. PMC has provided a reasonable estimate of the level of effort required to prepare responses to comments based on our experience with similar projects. PMC will respond to comments related to the potential physical impacts of the proposed project as they relate to the analysis of the EIR within the estimated level of effort. Responses will involve explanation and clarification of the contents of the Draft EIR. New technical analysis will not be conducted as part of the response to comments. If the EIR proposes formal mitigation measures that are not otherwise addressed by Palm Desert General Plan Update policies or implementation programs, PMC will prepare a draft mitigation monitoring and reporting program (MMRP). The monitoring plan will incorporate features to monitor the success of mitigation, determine responsible parties for monitoring proposed mitigation, describe the role of the project proponent, identify guidelines and specifications for conducting monitoring and reporting results, and specify enforcement procedure for noncompliance. Upon receiving comments on the Administrative Final EIR and MMRP, PMC will revise the documents and prepare the Final EIR for distribution. The City will prepare the Findings and Statement of Overriding Considerations, if necessary. If requested by the City, PMC can prepare the Findings and Statement of Overriding Considerations on an additional time-and-materials basis. Task 7 Deliverables: • Screencheck Draft NOP (electronic) and Public Draft NOP (electronic), NOC, NOA, newspaper notice, and correspondence initiating SB 18 consultation. • One (1) scoping meeting, split into two (2) presentations, as described above, PowerPoint presentation, comment cards • Administrative Draft EIR (three hard copies, plus one electronic) • Screencheck Draft EIR (three hard copies, plus one electronic), Draft EIR (15 State Clearinghouse submittals +electronic), one public meeting, Notice of Availability(electronic), NOC for delivery to the State Clearinghouse(electronic) • Administrative Final EIR (3 copies +electronic), draft Mitigation Monitoring and Reporting Program MMRP)(electronic), Final EIR (10 copies+electronic) Task 8: Public Review and Adoption Following the completion of the draft documents,the team will move the documents through public review and adoption process. The specific tasks are discussed below. 8.1 Planning Commission Hearings 39 Contract No. C33240 R+A will prepare for and attend up to two Planning Commission hearings on the final General Plan, Corridor Plan, and EIR. 8.2 City Council Hearings R+A will prepare for and attend up to two certification and adoption hearings on the final General Plan, Corridor Plan, and EIR with the City Council. 8.3 Preparation of Final Documents Following certification and adoption of the Palm Desert General Plan, Highway 111 Corridor Plan, and EIR, R+A will complete minor graphic and/or textual revisions to the General Plan within state law and the stated budget, at the discretion of the City. Task 8 Deliverables: • Attendance at up to 2 Planning Commission hearings • Attendance at up to 2 City Council hearings • Preparation of a single, brief (20 slide; 20 minute) presentation for use at both the City Council and Planning Commission Hearings • Preparation of the Final General Plan, Corridor Plan, and EIR (Note the level of changes are limited to the hours listed in the project budget) Task 9: On-Going Project Management R+A will serve as the Project Manager and Prime Consultant for this project. As such, R+A will work closely with City staff, manage all subconsultants, maintain the project schedule, and track project costs. R+A will communicate regularly with staff., including monthly three-hour team meetings at the City's offices, monthly(or more frequent if necessary) conference calls, and email and phone communication as needed throughout the project. In addition to regularly scheduled project management meetings, R+A will organize a series of team meetings where consultants can meet with City staff throughout the project. These meetings will be an opportunity for the team to brainstorm and work together on critical project issues. Note that the number of meetings and conference calls attended by each sub-consultant varies depending on their level of involvement in the project. Task 9 Deliverables • Monthly in-person meetings with City staff • Monthly conference calls with City staff • Ongoing email and phone communication with City staff • Topic-specific team meetings as needed, subject to budget 40 Contract No. C33240 EXHIBIT "B" SCHEDULE OF SERVICES Task Completion Date Task 1: Project Initiation 1.1 Project Initiation Meeting June 6,2014 1.2 Collect Information and Develop GIS Database June 13,2014 1.3 Kick-Off Team Meeting/Tour June 6,2014 Task 2:Community Engagement 2.1 Technical Working Group July 31,2015 2.2 Stakeholder Interviews June 13,2014 2.3 Highway 111 Corridor Plan Workshops January 30.2015 2.4 Draft General Plan Public Workshops July 31,2015 Task 3: Background Report 3.1. Review and Assess Reports, Studies,and Regulations June 30,2014 3.2 Prepare Background Report Outline June 30,2014 1v 3.3 Admin Draft Background Report July 16,2014 1v City Review of Background Report July 31,2014 3.4 Traffic Model Update JuIv 31,2014 3.5 Final Background Report Au ust 29,2014 Task 4:General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives September 26,2014 City Review of Vision and Alternatives October 10, 2014 4.2 Conduct Alternatives Analysis October 31,2014 `r Citv Review of Alternatives Analysis November 7,2014 4.3 Create Final Land Use and Transportation Plan December 5,2014 Task 5:General Plan 5.1 General Plan Outline and Policy Framework December 12,2014 City Review of General Plan Outline and Policy Framework December 19, 2014 ^QOr 5.2 Administrative Draft General Plan March 17, 2015 City Review of Administrative Draft General Plan March 31,2015 5.3 Screencheck Draft General Plan Aril 16,2015 City Review of Screencheck Draft General Plan April 30,2015 15 J Contract No. C33240 5.4 Public Draft General Plan June 5,2015 Task 6: Highway 111 Corridor Plan 6.1 Framework Plan of Development and Alternatives October 17, 2014 City Review of Framework Plan and Alternatives October 24, 2014 6.2 Preferred Framework and Vision Plan December 1, 2014 City Review of Preferred Framework and Vision Plan December 12,2014 �v 6.3 Administrative Draft Corridor Plan February 6,2015 City Review of Administrative Draft Corridor Plan February 20,2015 6.4 Public Review Draft Corridor Plan May 8, 2015 N Task 6: Environmental Impact Report 7.1 Establish Thresholds of Significance November 14,2014 7.2 Prepare Notice of Preparation November 21,2014 30-Day Public Review Period December 22,2014 7.3 Conduct Scoping Meeting December 22,2014 7.4 Prepare Administrative Draft Program EIR Aril 24,2015 City Review of Administrative Draft Program EIR May 22,2015 7.5 Prepare Public Draft EIR June 23,2015 45-Day Public Review Period August 10,2015 7.6 Response to Comments and Final EIR September 18,2015 City Review of Response to Comments and Final EIR October 16, 2015 7.7 Completion of Responses to Comments and Final EIR October 30, 2015 Task 8: Public Review and Adoption 8.1 Planning Commission Hearings November 30,2015 8.2 Citv Council Hearings December 31,2015 8.3 Preparation of Final General Plan January 31,2016 15 5� I ii rti t Contract No.C33240 ,EXHIBIT °`i�� Formatted:tHighlight------ COMPENSATION _ --- Comment( e would like to have the ----------------------- summary coon e:dlibit supported with the detailed s well. Formatted:Highlight i i i i I } labor Cost Compensation Summary 3 Per Task Tasks Task 1: Project Initiation $ 19,790 Task 2: Community Engagement $ 61,480 Task 3: General Plan Background Report $ 161,530 Task 4: General Plan Vision and Alternatives $ 64,280 Task 5: General Plan $ 143,660 Task 6: Highway 111 Corridor Plan $ 95,740 Task 7: Environmental Impact Report $ 162,240 Task 8: Public Review and Adoption $ 29,360 Task 9: On-Going Project Management $ 24,120 General: Management of Subconsultants $20,2200 Expenses (line item—to be billed as percentage complete,not as reimbursables) $ 17,203 Grand Total $7991? 15 Contract No. C33240 EXHIBIT"C"(CONTINUED) HOURLY BILLING RATES m o Principal $185 Senior Planner $150 + Public Health Specialist $125 Ca Planner/Designer $100 Project Assistant $65 c g' Principal $180 �o Senior Designer/Planner $150 CEI CO a Designer/Illustrator $120 Project Manager $165 Principal Planner $195 U Senior Planner/Facilitator $130 aAssociate Planner $110 Assistant Planner $90 Web Developer/Graphics $95 Tech Edit/WP $75 N Principal $225 Senior Planner $160 + Planner/ L Engineer $135 LL Graphics/ Admin. $115 w cc Principal $180 o) Principal $180 c c cZ Sr.Associate $135 ar cc Associate $115 U Gra hics $75 15 t. C"co February 24, 2014 ����pgveloQment Ms. Lauri Aylaian, Director Community Development CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260-2578 RE: REQUEST FOR PROPOSAL TO PREPARE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT (EIR) Dear Ms. Aylaian: Thank you for including PCR Services Corporation (PCR) in your Request for Proposals (RFP) to prepare the City's General Plan Update and associated EIR. While we are interested in working with the City, due to an extensive array of near-term commitments, we are not able to prepare a proposal for the current solicitation. Although we are unable to respond to this particular RFP, please continue to consider PCR for future projects. Please do continue to send future solicitations/notifications to my attention at the same address. Full contact information is provided below. Stefanie Nix, Marketing Manager PCR SERVICES CORPORATION One Venture, Suite 150 Irvine, California 92618 Thank you for your consideration and we look forward to hearing from the City again. Sincerely, PCR SERVICES CORPORATION �39 - Stefanie Nix Marketing Manager One Venture, Suite 150, Irvine, California 92618 INTERNET www.pernet.com TEL 949.753.7001 FAX 949.753.7002 d � j!/, i ; , , , , ; , ; , , ; ;� - ��j �i / � � � i; - �// � , '/ =_ � ��; i i � ' � % ; ; � ' � ��j% - ; �i; , , , J Y M o I'atit) WARING DRIVr: 'City of Palm Desert 7i-5 t Pnt.M Dcsear, CALIFORNIA 9226o-2578ommunityDevelopment TEL: 760 346—o61 I inllyG(`cit}ofpalmdesert.org APR 2 9 2014 April 29, 2014 Mr. Matthew Burris Raimi + Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Dear Mr. Burris: Subject: Contract No C33240 - Prepare an Update of the City of Palm Desert Comprehensive General Plan At its regular meeting of April 24, 2014, the Palm Desert City Council, by Minute Motion: 1) Awarded subject contract in the amount of $799,703 to Raimi + Associates, Riverside, California, for update of the City of Palm Desert Comprehensive General Plan and preparation of the associated Environmental Impact Report, subject to final review and approval of the City Attorney; 2) authorized the Mayor to execute said contract. Enclosed are two original Agreements. Please sign where indicated, have notarized (California All-Purpose Acknowledgment), and return them to us at your earliest convenience. We will then forward to you a fully executed Agreement for your records. Additionally, we call your attention to the insurance requirements contained in Section ` 3.2.10 of the Agreement. We ask that the appropriate certificates and endorsements be returned with the executed agreements to expedite processing of the document and related actions. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs tc: losures (as noted) Lauri Aylaian, Community Development Director G:1CityOrWtoria SNr h zU<ttaa'38-Comm MC33240.dw R,f.PRIN1fU ON At(Y[(EO DFPFA CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT CONTRACT NO. C33240 1. Parties and Date. This Agreement is made and entered into this 25t" day of April, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Raimi + Associates ("Consultant"), a California corporation, 3600 Lime Street, Suite 226, Riverside, California 92507. City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional planning services for the update of the City of Palm Desert Comprehensive Plan and preparation of the associated Environmental Impact Report, Contract No. C33240, ("Project") as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Contract No. C33240 3.1.2 Term. The term of this Agreement shall be from April 25, 2014 to April 25, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor,• Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key 2 Contract No. C33240 personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP, Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; and Mr. David E. Bergman, AICP, Principal, MR&E. 3.2.5 City's Representative. The City hereby designates Ms. Lauri Aylaian, Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Council is the only authorized body that can approve increasing the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew Burris, AICP, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or 3 Contract No. C33240 property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional Liability (Errors A Omissions) Insurance: Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the 4 Contract No. C33240 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any 5 Contract No. C33240 premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. 6 Contract No. C33240 City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seven hundred ninety-nine thousand seven hundred and three dollars ($799,703) without authorization of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The 7 Contract No. C33240 invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council. 3.3.5 Rate Increases. In the event that this contract is extended beyond the date specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the time of renewal in accordance with the change (increase or decrease) in the Riverside County Consumer Price Index for the previous twelve months. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 8 Contract No. C33240 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Raimi + Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Attn: Mr. Matthew Burris, AICP, Senior Associate City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Ms. Lauri Aylaian, Director of Community Development Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any 9 Contract No. C33240 time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. All information and documents that are provided to the City by the Consultant are considered public information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorneys Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing parry reasonable attorney's fees and all other costs of such action. 3.5.6 I ndem nification. 3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by 10 Contract No. C33240 Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.6.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement 11 Contract No. C33240 shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require 12 Contract No. C33240 every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated in Consultant's proposal dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT RAIMI + ASSOCIATES By: By: Mayor or City Manager Matthew Raimi, Principal ATTEST: By: Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney 13 Contract No. C33240 EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Initiation In this task, the Raimi + Associates (R+A) team will initiate the project, meet with City staff, and tour the City. This task includes the following sub-tasks: 1.1 Project Initiation Meeting R+A will meet with City staff to initiate and organize the project. During this meeting, participants will review and discuss the scope of work and the overall schedule, develop a detailed three-month project schedule, and review the current planning-related activities in Palm Desert relevant to this update process. A key component of this meeting will be to discuss the City's objectives and review and refine the Scope of Work, if needed. Additionally, R+A and the City will clarify roles and expectations, establish communication portals for information sharing and future discussions, discuss billing logistics; and share background information and materials. 1.2 Collect Information and Develop GIS Database City staff will provide the R+A team with all of its existing data, reports, and studies relevant to the General Plan update. Critically, R+A will collect existing GIS data from the City. We expect that the City will have, at minimum, the following data in GIS-based shapefiles: existing land use, general plan land use, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and County assessor data. R+A will collect additional information on Palm Desert including data from the US Census, the Riverside County Department of Public Health, SCAG, CVAG, and various State of California departments. Finally, R+A will create a base map of the City for use by the team throughout the project. R+A will prepare the base map in Adobe Illustrator and GIS (ESRI ArcMap 10) using high resolution aerial photos provided by the City and from GIS. 1.3 Kick-off Team Meeting/Tour Key members of the R+A Team will visit Palm Desert for a kick-off meeting and City tour. Note that some team members may only attend part of the kick-off meeting. The kick-off meeting will have three primary components: 1. Team meeting with City staff and the R+A Team. 2. Tour the city with City staff. 3. Meetings with individual department directors or staff. 14 Contract No. C33240 Task 1 Deliverables: • Project Initiation Meeting • Refined General Plan Work Plan and Schedule • Base Map of City • Kick Off Meeting and City Tour • Document and Data request Task 2: Community Engagement The R+A Team will work with the City to implement a public outreach process to ensure a transparent and efficient planning process. The tasks included in the scope represent R+A's idea for reaching the full spectrum of Palm Desert community members, but will ultimately be refined in the Community Engagement Plan after working directly with City staff. R + A will be the primary leader for the public outreach and visioning tasks described below, with continuous involvement by R+A in all efforts to ensure all team members gain first-hand understanding of the community's vision. 2.1 Technical Working Group The City will appoint a General Plan Technical Working Group (TWG) to support the General Plan update. Ideally, the group would consist of approximately 15 members. The R+A team will attend and facilitate one Technical Working Group meeting per month for crucial phases of the project, totaling approximately 14 meetings since meetings are not needed during certain phases of the project. The TWG may not need to meet in person on a monthly basis, but rather should meet regularly during key periods of data gathering and policy review, while checking in via conference line or email during months where the R+A Team is working on specific tasks. This will help prevent committee fatigue and provide potential TWG members with a more manageable time commitment to the project. R+A will kick off the Technical Working Group at the first meeting by reviewing the project purpose; discussing the contents and state requirements for the General Plan, the Highway111 corridor plan, the traffic model, and EIR; establishing the group's ground rules and role in the process; and reviewing the community engagement program and project timeline. The TWG will provide feedback at the following key project milestones: • Project kick-off • Community vision • Key issues • Technical background studies • Key policy approaches • Land use and circulation alternatives 15 Contract No. C33240 • Corridor Plan development • Public review draft General Plan The R+A project team will provide a facilitator and the project manager, in addition to other needed technical staff for presentations, and prepare meeting agendas, presentations, and summaries for each meeting. 2.2 Stakeholder interviews R+A team members will conduct up to 8 one-on-one meetings with key members of the City Council, Planning Commission or community at the beginning of the process to obtain a better understanding of the project issues, the strengths of the City and their vision for the City. 2.3 Highway 111 Corridor Plan Workshops R+A believes the development and evolution of the Highway 111 corridor is critical to Palm Desert and is thus worthy of a substantial public outreach effort. The R+A Team will develop meeting parameters and provide guidance for the City to follow in efforts to conduct a series of public meetings. The focus of these parameters will be to provide uniformity in presenting information, facilitating dialogue, garnering input, and fostering consensus. Workshops will be creative forums in which a free flow of ideas can take shape toward a common purpose. The challenge of these meetings will be to ensure adequate and broad-based participation in order to avoid homogenous or narrow input. To make sure that all voices are heard, the R+A Team will to supplement the public meeting presentations with Turning Point software. Turning Point is designed to work on top of Microsoft PowerPoint. Participants are given a credit card size infrared voting device that allows them to anonymously vote on issues, survey questions, and ranking/prioritization questions. Results appear immediately as a compiled bar or pie chart on the slide. Because voting is anonymous, it prevents a vocal person from dominating the meeting with their ideas and supports "one voice one vote." It also enables the meeting facilitator to have a more dynamic discussion as follow-up to the results. The agendas and approach for each workshop will be developed in collaboration with the City to identify the best format based on the audience, information to be presented, and input needed. The R+A Team will share lessons learned and best practices to assist in the decision making process. The R+A Team will conduct the following four public workshops at key project milestones: Workshop No. 1 - Background Information/Visioning: In this workshop, which may be scheduled on a Saturday for a 3 to 4 hour block, the Team would make an opening presentation that includes a summary of the existing conditions analysis and a range of corridor precedents that may serve as models for elements of the Highway 111 Corridor 16 Contract No. C33240 plan. Following this presentation, participants will be invited to ask questions and offer comments, and then be asked to break into smaller groups to discuss opportunities and constraints in the Plan Area. Base maps of the Plan Area would be provided at the group tables and posters of the analysis and precedents could be hung around the walls of the workshop space. Team members will facilitate discussions and provide information. At the end of the workshop, group representatives will report their results to the assembly. Immediately following the Workshop, the team will hold a debrief meeting with City staff and the TWC. Workshop No. 2 - Public Realm Framework Plan and Development Types: Building off the public input received during Workshop No. 1, this workshop will focus on establishing a framework for pedestrian-friendly streets and sidewalks, focusing on streetscape and building frontages. During this workshop, R+A will also begin to explore appropriate development types for different segments of the Highway 111 Corridor. Workshop No. 3 - Preferred Land Use Alternative: Building on the community input received in Workshop No. 2, a draft land use plan that assigns specific development types and intensity ranges to each sub-area of the Plan (or segment of the Corridor) will be presented and discussed (See Task 6 for more detail on the draft land use plan). Workshop No. 4 - Public Review Draft Highway 111 Corridor Plan: This workshop will focus on key components of the Public Review Draft Corridor Plan. 2.4 General Plan Workshops In addition to the community workshops focused on the Highway 111 Corridor Plan, R+A will conduct two community workshops on the General Plan once the Public Draft has been prepared and released: Workshop No. 5 - Public Review Draft General Plan Update: This workshop will present the Draft General Plan to the public. The primary intent of this workshop will be to brief the public on the highlights of the plan and receive informal feedback. This workshop be held in an Open House format to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Public Draft General Plan. Workshop No. 6 - Public Review Draft EIR: The second General Plan workshop will focus on the Draft Environmental Impact Report. The intent of this workshop will be to brief the public on the content and implications of the Draft EIR. An Open House format will be used to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Draft EIR. Task 2 Deliverables: • Technical Working Group meeting presentations, materials, and summaries for 14 meetings (note, number of in person meetings may be reduced with additional budget made available for other participation opportunities) 17 Contract No. C33240 • Up to 8 stakeholder meetings • Four Corridor Plan Workshops • Two General Plan Workshops • Public workshop agenda and approach memorandum, meeting materials, facilitation services, and workshop summaries Task 3: General Plan BackGround Investigation During the early phases of the project, the R+A team will prepare an existing conditions report focusing on topics of critical importance to the City and the General Plan Update. The existing conditions will describe current trends and baseline data for these particular topics while exploring and analyzing key issues that impact the City and its community members. R+A will package the Background Investigation as a Technical Background Report, which will ultimately serve as the existing conditions section of the EIR. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. 3.1 Review and Assess Reports, Studies and Regulations A critical starting point for this project will be to review and assess the recently prepared Strategic Plan, as well as other planning reports and documents, to understand the vision of the City and to identify any gaps in data collection and analysis. In addition, R+A will gather information on existing City planning, economic development, transportation, and sustainability policies to understand the current policy context. This will allow R+A to build off the considerable work that has been completed to date by the City and to ensure that both the existing conditions and the General Plan policies are consistent with the City's vision and values. 3.2 Prepare Background Report Outline The R+A team will prepare an outline of the Technical Background Report and work with City staff to refine the structure. 3.3 Admin Draft Background Report During the first phase of the project, the R+A team will develop a comprehensive Background Report to explore and document the existing conditions in Palm Desert. The report will analyze and present information about past and current conditions in the City, input collected during previous community outreach activities, and future trends in the City, County, region, and State. The report will provide a backdrop for the General Plan and serve as the existing setting section of the EIR. Each section will also include a subsection identifying the existing conditions of the Highway 111 Corridor Plan area as well, to simultaneously lay the groundwork for the Corridor Plan. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. While the exact content and structure of report will be discussed with staff, we expect it to include the following information: 18 Contract No. C33240 A. Demographics and socio-economics. This chapter will present basic information about the City including the size of the City, the population characteristics (e.g., age, gender, race/ethnicity, etc.), educational attainment levels, and income. The chapter will also focus on the location of socioeconomic disparities in Palm Desert and how the City compares to other nearby/comparable communities and Riverside County as a whole. B. Land use and urban design analysis. This chapter will present an analysis of the built environment of Palm Desert and will be comprised of: 1. Land use analysis including existing land uses, general plan designations, zoning, past and future growth trends, recent and proposed development projects, and an analysis of existing planning documents. 2. General Plan effectiveness, assessing the City's progress in achieving the goals in the 2004 General Plan and considering which components of the existing framework should be preserved. 3. Urban design analysis including views, vistas, scenic resources, gateways, major geographic features, major community features, natural land form features, and open space. R+A will address how these features enhance the area and how might they be improved to provide a stronger identity for the community. 4. A mapping of the neighborhoods, districts, and corridors in the City to identify and categorize a typology of places based on the land use, urban form, and character of each area. As part of the analysis, R+A will identify undeveloped or underutilized land in the City and the growth potential using existing zoning regulations. C. Transportation and circulation. Fehr & Peers will prepare a background report summarizing existing mobility conditions, which will include an inventory of transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary of their current operation. The report will include a functional classification of City streets; an inventory of existing signalized intersections; collision statistics in the City over past five years; pertinent traffic and travel information available from the City, SCAG, CVAG, the US Census, and other sources; existing transit services and facilities; existing bicycle facilities; and existing pedestrian facilities. Additionally, because mobile source greenhouse gas emissions (GHG) make up a large portion of the City's total GHG output, innovative mobility policies will be a vital component of the General Plan Update. To ensure that the project team and City staff are made aware of the latest developments in transportation planning, Fehr & Peers will conduct a review of best practices to guide the preparation of the Mobility Element. Some potential Transportation Best Practices could include: complete streets; multi- modal level of service (MMLOS); Layered Networks; and alternative vehicular networks. Fehr & Peers will collect existing transportation data for use in this study. Fehr & Peers will use existing traffic counts from other studies but new traffic counts will likely be required. The scope and budget assume that Fehr & Peers will conduct peak period 19 Contract No. C33240 traffic, pedestrian, and bicycle counts at up to 40 signalized intersections and 24-hour machine traffic counts on up to 40 roadway segments. E. Market conditions. MR+E will prepare a market conditions assessment for Palm Desert. The chapter will lay the foundation for a plan that promotes investment, is financially feasible, and can be implemented. This will include an estimate of real estate demand potential (housing and commercial uses), economic development opportunities, and other economic trends. This task will be comprised of three steps: 1. Preparing a market demand analysis of the potential for employment, housing, and commercial development. 2. Identifying opportunities and catalyst sites and formulating public-private financing and implementation plans. 3. Working closely with the community to identify the concerns and potential benefits of new development in the City. As part of this task, the R+A Team will interview representatives of regional economic development agencies, key employers, developers, property owners, brokers, and other stakeholders to understand the competitive advantages and disadvantages for economic development in the City. The information above will be included in the Market Conditions chapter of Background Report. F. Health. R+A will prepare a Health Chapter that discusses key issues and opportunities for the relationship between community health and the built environment. The chapter will present a brief summary of the literature on the relationship between health and planning, key indicators of health and equity, and opportunities for changes that may improve health conditions, social equity, and environmental justice in the community. The health-related topics that may be covered, pending the availability of information, are overall health and wellness, physical activity levels, exposure to substantial concentrations of air pollutants, exposure to toxics and hazardous materials, access to nutritious foods and a retail food environment analysis, access to health care and health facilities, access to parks and open spaces, mental health services, and transportation safety. This information will form the basis for a "Rapid" Health Impact Assessment (HIA) of the General Plan alternatives and can be used to support other studies such as the HIA on the oil well facility. G. Climate change. R+A will prepare a chapter that summarizes existing conditions and trends for climate change, adaptation and sustainability. The chapter will summarize the GHG emission inventory for the City and highlight sectors where policy changes could produce significant GHG reductions. In addition to climate and GHG emissions, the chapter will focus more broadly on measures of sustainability including water use and conservation, solid waste reduction, green building policies, procurement practices and other measures. Finally, the chapter will summarize the climate adaptation technical report, which will be prepared by Susanne Moser Research and Consulting (as discussed in the next task). 20 Contract No. C33240 H. Parks and public facilities. This section will examine the amount, location, and condition of parks, recreation facilities, civic buildings, and community centers. The section will also examine the status of police and fire facilities, public safety, and service calls. 1. Natural environment, resources and conservation. PMC will conduct an assessment of natural environment conditions in and around Palm Desert including natural open spaces, and natural resources. This discussion will include biological resources, geologic resources, natural hazards, and mineral resources. As part of the assessment, the team will analyze the policies encouraging the preservation and enhancement of these resources. J. Noise. This chapter will present the existing noise environment of the City. It will include a review of the history of noise-related complaints received by City staff over recent years, a survey of the City to identify noise sources and sensitive land uses, and 15- to 30-minute noise measurements from up to ten locations within the City. Once measurements are taken, Rincon will analyze traffic noise levels; develop a table of noise contour distances for major arterials, prepare a noise contour map for major noise sources, and prepare a summary of the key noise issues for the City. K. Cultural Resources. Palm Desert is part of a region that has seen human occupation for thousands of years. According to the City's Archaeological & Cultural Resources Element, 138 archaeological sites have been identified and recorded in the Palm Desert planning area, 125 of which are prehistoric (Native American) sites. The City also has a number of historic structures dating from the late 1940s and early 1950s. These are concentrated around the urban core of the City, although structures of similar vintage are likely to be found in outlying communities, such as Thousand Palms and Cahuilla Hills. For historic structures, or historic-period archaeological remains dating before 1940, the most sensitive areas within the planning area are along the Colorado River Aqueduct, between the Indio Hills and the Southern Pacific Railroad, and around the original community of Palm Village north of Highway 111. The City currently reviews development proposals for their potential impacts to archaeologically and historically significant resources and may require additional studies if the potential for damage to resources is identified. Rincon will review the existing historical, archaeological, and paleontological conditions within the City. As part of this effort, Rincon will describe the existing historical, archaeological, and paleontological setting within the City by reviewing existing City resources, the current Archaeological & Cultural Resources Element, relevant literature, previous surveys and inventories of recorded historical, archaeological, and paleontological resources, historic maps of the area, and available historic photographs and aerials views. As part of this effort, Rincon will provide recommendations for the continued identification, designation and protection of the City's cultural resources. 21 Contract No. C33240 3.4 Traffic Model Update As part of Background Report effort, Fehr & Peers will detail the latest version of the Riverside County Model (RIVTAM) to provide additional detail within the City of Palm Desert. This model has been reviewed by CVAG Staff and is required for use in all projects in the Coachella Valley based on an MOU between CVAG Staff and Riverside County Staff. This additional detail would include more defined TAZ's and roadway networks. A Base Year (Validation) and Future Year (General Plan Buildout) model would be developed. Fehr & Peers will also coordinate with Riverside County Staff to facilitate their review and approval of the model, as required by CVAG Staff and Riverside County Staff. Prior to its use, Fehr & Peers will validate the detailed Base Year Model for RIVTAM to match available traffic count data. Fehr & Peers will apply standardized criteria for the validation process as developed by FHWA, Caltrans, and other agencies. An AM Peak Hour, PM Peak Hour, and Daily model will be developed for use in the General Plan roadway network and Environmental Impact Report analysis. Once the Base Year Model is validated, Fehr & Peers will prepare a draft report summarizing the findings of the validation for submittal to the City and Project Team. Once land use forecasts are available, Fehr & Peers will develop a Future Year Travel demand model which will be used for the General and Environmental Impact Report. 3.5 Final Background Report Following the delivery of a single, consolidated set of comments from City staff, the R+A team will prepare a final Background Report that can be released to the public. Task 3 Deliverables: • Background Report Outline • Admin Draft Background Report • Final Background Report • Detailed City of Palm Desert Traffic Model Update Task 4: General Plan Vision and Alternatives Following the review and approval of the Background Report, R+A will lead the City through an effort to confirm the long term vision, the goals for the City and to develop physical and policy alternatives that respond to the issues and trends identified during the previous task. This effort is expected to confirm the vision and direction for the majority of the City and a majority of topics and then focus on areas where further discussion is needed. For land use, this could mean focusing only on a few areas of the City while the majority of areas are "areas of preservation" where limited change is expected. 22 Contract No. C33240 4.1 Develop Vision and Alternatives The first step in the process is to develop the citywide vision and General Plan goals. During the process, the R+A team will conduct a thorough review of recent plans, such as the Strategic Plan. Significant work has been completed and it is imperative that this excellent work be the starting point for developing the vision, goals and plan alternatives as this process will identify locations and topics where there is clear policy direction, areas where no direction exists and areas where there is conflicting policy direction. The vision will be developed through working closely with the Technical Working Group and consideration of information received through the early Highway 111 Corridor Plan Workshops. The result of this task will be the following: • Compilation of work done to date to prepare a citywide vision and policy direction • Draft Vision statement • Citywide goals by topic • Identify key policy issues to be addressed • Identify policy alternatives to address potential key issues. These will focus on policies improve livability and walkability in the City, but will also include other topics such as economic development and public facilities and services • Land use alternatives for areas of the City where there is a potential for future change. The areas of potential change will likely include commercial corridors, the downtown, potential sites to meet RHNA housing needs, and other areas where future commercial uses may be possible • Transportation alternatives to address key policy issues such as increasing active transportation or multi-modal/"complete" streets 4.2 Conduct Alternatives Analysis The R+A team will prepare a "matrix-level" analysis of alternatives that compares the various land use and policy alternatives, with an emphasis on climate-oriented policies. Where possible, the R+A team will use quantitative measures. The topics expected to be covered in the matrix-level analysis are land use (land use by type, housing units, population), market (jobs by type), transportation, sustainability and environment, and public health. Specifically, the alternatives analysis will include the following: • Growth projections. R+A, with assistance from other team members, will prepare forecasts of land use, population and employment changes that are expected to occur in the City during the planning horizon of the General Plan. These estimates may be based solely on growth projections from SCAG or may be based on another methodology recommended by R+A. 23 Contract No. C33240 • Economic analysis. For each land use and for key policies scenario, MR+E will build a static fiscal impact model to measure the costs and revenues for the City's General Fund. This will include the following sub-tasks: o Development of assumptions for analysis. MR+E will collect current fiscal and demographic data for Palm Desert, including the City's budget for the most recent fiscal years and additional tax and revenue information, such as sales and property tax rates. o Analysis of ongoing revenues to the City. For each land use scenario, MR+E will estimate major revenues generated, including property tax, transfer tax, vehicle license fees, and sales tax. o Analysis of ongoing costs to the City. For each land use scenario, MR+E will calculate the additional General Fund costs to provide municipal services. To assess costs, MR+E will conduct interviews with the heads of key departments (including Fire, Police, Parks, and Public Works). • Transportation analysis. Fehr & Peers will conduct a qualitative analysis of up to three land use alternatives. Alternatives may reflect different allocations of the total growth forecasts, though they will all maintain the same overall amount of change. • Noise. Rincon will also support the alternatives analysis by analyzing the future noise environment in the City with and without the project alternatives and will prepare a noise contour map for the preferred alternative. • Climate change. R+A will analyze how the alternatives perform in terms of greenhouse gas emissions to help the City understand how to best comply with the intent of AB 32 and SB 375. • Health. Using the data and indicators identified in Task 3, R+A will prepare a "Rapid" Health Impact Assessment (HIA) of various policy and physical alternatives. The analysis will primarily be a qualitative analysis stating trend/direction, magnitude, and significance, but will not necessarily calculate a numeric projection. 4.3 Create Final Land Use and Transportation Plan Based on the results of the ongoing meetings with the Technical Working Group and the Corridor Plan workshops, the R+A team will finalize the land use direction and preferred planning alternative for the City. R+A will provide the City with a memo summarizing our understanding of the preferred alternative. Task 4 Deliverables: • Alternatives that include vision, citywide goals by topic, land use and transportation alternatives, policy alternatives 24 Contract No. C33240 • Qualitative alternatives analysis • Technical memo summarizing final land use and transportation plan Task 5: General Plan The R+A Team, working closely with City staff, will develop the policy direction for the General Plan Update. 5.1 General Plan Outline and Policy Framework The first step in the process will be for R+A to develop a draft General Plan outline. This will detail the key chapters in the documents and the expected order of information. After the outline is reviewed by City staff, R+A will develop a policy framework for each chapter of the General Plan. The policy framework will identify goals, policies, and implementation measures for each topic in the General Plan. As is discussed above, the policies will be derived both from existing policy documents (including the existing General Plan) and the alternatives development process discussed in Task 4. The policy framework will be reviewed by staff and the GPAC. Creating a policy framework document will allow the community to quickly and easily understand the policy direction of the City and provide feedback to the R+A Team prior to the drafting of the General Plan. Additionally, the outline and policy framework will serve to direct a conversation with City staff and the Technical Working Group about which General Plan elements should be preserved, which should be consolidated, and which should be eliminated. Finally, as part of this task, the team will work with City staff to create a standardized structure for the chapter content and language conventions for the goals and policies. This will include a mockup of the layout and design of the General Plan. 5.2 Administrative Draft General Plan R+A will prepare an Administrative Draft General Plan for review by City staff based on the outline and policy framework developed in Task 5.1. The structure and exact content of the General Plan will be decided as the project moves forward, however the R+A team will develop a cutting-edge, character-oriented General Plan. The General Plan will include all of the topics required by State Law plus additional topics as determined during the process. R+A and several team members are continually monitoring the progress, and occasionally weighing in through workshops and individual conversations, of updating the General Plan Guidelines by the Governor's Office of Planning and Research. During this task, R+A will formally check in with OPR on the status of the guidelines to ensure the General Plan is reflective of the most recent OPR guidance. More specifically, the General Plan will cover, at minimum, the following topics: • Land use, including existing and future uses and focused policies on different areas of the community. • Urban design and community character to preserve and enhance the unique quality of Palm Desert. 25 Contract No. C33240 • Mobility and circulation including, street standards, multimodal streets and active transportation. • Economic development including tourism, expanding commercial activity and fiscal sustainability. • Public facilities and services including the need for new facilities. • Historic preservation, including cultural and archeological resources. • Climate change and adaptation, including specific measures to reduce GHG emissions and adapt to a changing climate. • Sustainability including green buildings, water conservation, energy conservation, and other topics as decided through the public process. • Public Health policies to address active transportation, healthy lifestyles, access to healthy foods, air quality, social support, and other topics of concern. • Noise, to meet State requirements and address identified noise issues in the City. • Parks, recreation, and protection other open spaces. • A detailed implementation program that will provide the necessary steps for putting the General Plan into action. It is anticipated that this section will include specific actions, responsible parties, timeframes, and funding requirements. This implementation plan will also include near-term projects which can be implemented with existing funding programs to demonstrate progress towards achieving General Plan goals and policies. 5.3 Screencheck Draft General Plan After staff has reviewed the administrative draft General Plan and provided a single set of comments, R+A will prepare a screencheck draft General Plan that includes all figures, photos, maps and graphics. R+A will deliver the screencheck draft general plan as an Adobe PDF file for ease of review and to reduce printing costs. 5.4 Public Draft General Plan R+A will provide a copy of the administrative draft of the General Plan for staff — and any others selected by staff — to review. Staff will provide R+A with one complete set of all comments, which the R+A team will incorporate and address. Task 5 Deliverables: • General Plan outline • Draft and final policy framework • Administrative Draft General Plan (including seven hard copies and one electronic copy) • Screencheck Draft General Plan (including seven hard copies and one electronic copy) • Public Draft General Plan (including seven hard copies and one electronic copy) 26 Contract No. C33240 Task 6: Highway 111 Corridor Plan During this task, the R+A team, working closely with City staff, will develop a Corridor Plan for the revitalization of the Highway 111 corridor. For the purposes of establishing an initial scope, budget, and schedule, this scope assumes that the Corridor Plan will not be a standalone document but a set of tools comprised of: a vision plan for the corridor, detailed goals and policies pertaining to Highway 111 in the General Plan, Design Guidelines for the corridor, and an amendment, addition, or overlay to the Zoning Code that will provide updated development standards for new private development. For the purposes of this scope, "Corridor Plan" will refer to this set of tools. The R+A team will work closely with the City to ensure that the approach to the Corridor Plan will remain relevant to the City's desired outcomes. As such, the final form of the Corridor Plan may be somewhat varied by mutual agreement of the City and the R+A team to ensure the final product meets the City's needs. 6.1 Framework Plan Development and Development Alternatives Based on the community input received in Workshop No. 1, and on subsequent direction from City staff and the Steering Committee, R+A will prepare one to three framework plan alternatives for defining and differentiating the several Corridor segments and characterizing the community vision for each. This will include illustrations of a range of suggested streetscape characters, development types and pedestrian and bicycle connections into the adjacent neighborhoods. This will also include alternatives in terms of "degree of change," to identify segments in which little change is envisioned and segments targeted for more significant transformation over time. The vision plan alternatives will be illustrated with a combination of diagrams, illustrative plan vignettes, illustrative cross sections, 3-D models, precedent photographs, and photo-illustrations. 6.2 Preferred Framework and Vision Plan Based on the framework plan and input received in Workshop No. 2, the R+A Team will work closely with City staff and the Steering Committee to evaluate alternative development patterns and intensities, quickly moving to a draft land use plan that assigns specific development types and intensity ranges to each sub-area or Corridor segment of the Plan. Our urban designers, economists, environmental planners, and transportation planners will collaborate at each iteration to bring to the community a recommended alternative that balances transportation modes and parking demand, and generates vital pedestrian environments throughout and surrounding the Plan Area. The preferred alternative as selected and refined by the staff and the Committee will be documented and presented to the public in Workshop No. 3 for further input. It is important that the vision accurately reflects community goals and values, as this will provide the foundation for land use, urban design, mobility, economic development, and environmental policies and programs in the Corridor Plan. The development alternatives will be informed by the economic analysis completed in Task 3.3. MR+E will 27 Contract No. C33240 prepare a memo summarizing the preferred alternative and the market potential for development. 6.3 Administrative Draft Corridor Plan Based on an agreed upon framework, the R+A Team will prepare an Administrative Draft Highway 111 Corridor Plan for staff review and comment. The Corridor Plan will remain consistent with the City's General Plan and other City policies reviewed in Task 2 and effectively implement the goals, strategies, and standards developed as part in the community engagement during Task 3. A formal outline will be finalized with the City; however, the following is a summary of tasks to be completed in developing the Admin Draft Plan: Corridor Plan Goals and Framework The R+A Team will develop a set of Highway 111 Corridor Plan goals. The R+A Team will present these goals to City staff and the Steering Committee for review and comment. R+A believes it is essential for the City, community, and R+A Team to have a firm and clear understanding of project goals prior to developing Corridor Plan policies or programs. Additionally, receiving community support for long-term goals will help avoid any problems at later stages of the Plan development, as each progressive stage is an implementing tool for the agreed upon goals. These goals and policies will ultimately be embedded in the General Plan. Land Use The R+A Team will create a land use plan that is consistent with the goals and policies of the concurrent General Plan Update. The land use plan will show allowed land uses and density/intensity for each land use type. The City and R+A Team will jointly develop a land use plan and related policies to promote compatible development within the Plan Area, which is sensitive to surrounding residential, recreational (i.e., golf courses), and hospitality uses. Design Guidelines Based on the preferred framework plan and preferred alternatives for streetscape, open space, and development types, the Team will prepare draft design standards for each. The Design Guidelines will include: • A public realm illustrative/vision plan, including a network of streets, the frontage roads, alleys, paseos, plazas and courts. • A complete streets kit of parts, including recommended cross sections with parameters for frontage roads, cross streets, alleys/lanes, paseos, plazas, courts, etc. These would be formatted as guidelines, with a combination of 28 Contract No. C33240 illustrative plans and sections, 3-D models, and precedent photographs, along with short guideline narratives and bullet points for each type. • Private development guidelines including frontage type (frontage design) recommendations, building massing recommendations (varied by area to ensure appropriate transitions to adjacent houses or any historic buildings), and basic architectural design guidelines. Mobility and Parking R+A will address transportation and parking with input from City staff and applicable circulation element goals, policies and programs. Emphasis will be placed on livability principles, complete streets, place-making, and multi-modal connections. R+A will develop circulation objectives for the corridor plan, review existing circulation patterns and conditions in the area, and identify alternative strategies for parking and access. As part of this Task the R+A Team will work to identify opportunities for greenhouse gas emissions reductions and highlight the opportunities for co-benefits of reduced auto- dependency such as public health, air, and water quality improvements. The following circulation topics will be addressed in this task: • Pedestrian and bicycle facilities and safety • Street standards • Traffic calming • Street improvements • Parking strategies • Bikeways • Transit, including transit facilities Implementation and Development Standards The R+A Team will prepare an implementation program for inclusion in the General Plan to address implementation of major public improvements recommended in the Corridor Plan together with financing mechanisms and funding sources. This task will be grounded by an implementation analysis prepared by our economist. MR+E will prepare an economic development element that will focus on highly implementable specific projects that can be undertaken to facilitate economic development on Highway 111. The plan will provide a set of recommendations on actions that can be undertaken by the city and its partner agencies to develop public private partnerships for the provision of public improvements. This will consider the use of the available tools for the provision of improvements to the public realm and opportunities for public private partnerships. General strategies to be examined include: • Mello-Roos Community Facilities Act • Public Enterprise Revenue Bonds • Impact Fees and Exactions • Special Assessment Districts 29 Contract No. C33240 • Potential use of state and federal advantaged financing tools (NMTC, ARA programs, Cal (Bank etc.) • Others as determined by research Responsibilities by agency and jurisdiction will be identified as well as actions that would be required by the private sector will be inventoried. Opportunities for partnerships, joint ventures and developer initiated improvements will also be examined. The implementation section will be composed as a specific action plan with lists of responsibilities, costs and thresholds for development as opposed to providing generalized statements of goals and objectives. Additionally, the R+A team will prepare an addition to the City's Zoning Code in order to codify the new development standards. This addition might take the form of one or two new base zones, an overlay zone, or similar zoning tool and the ultimate form will be decided in conjunction with the City once the vision for Highway 111 has been defined. 6.4 Public Review Draft Corridor Plan The R+A Team will modify the Administrative Draft as directed by City staff and prepare and publish a Public Review Draft Corridor Plan for staff and general public review and comment. Task 6 Deliverables: • Corridor Plan approach recommendation and outline • Highway 111 Vision • Admin Draft Design Guidelines, Development Standards, and Implementation Actions (seven hard copies, plus one electronic copy) • Public Review Draft Design Guidelines, Development . Standards, and Implementation Actions (Seven hard copies, plus one electronic copy) Task 7: Environmental Impact Report PMC, in association with Fehr & Peers, and Rincon, will prepare a legally adequate program-level Environmental Impact Report (EIR) in compliance with CEQA and the State CEQA Guidelines for the General Plan Update. The EIR will be comprehensive and address all environmental issues with a potential to result in significant environmental impacts. The text of the EIR will be supplemented with graphics and summary tables, as appropriate, to present information in a concise and easily understood format. 7.1 Establish Thresholds of Significance PMC, Fehr & Peers, and Rincon will work with City staff to establish thresholds of significance for each environmental topic to be addressed in the Program EIR. Some topics contained in the State CEQA Guidelines Appendix G checklist may not apply to Palm Desert. While the topical areas described in Appendix G will serve as a guide for 30 Contract No. C33240 development of the City's thresholds, the issues addressed may be further defined, modified, replaced, or dismissed. 7.2 Prepare Notice of Preparation PMC will prepare a Notice of Preparation (NOP) that includes a brief project description and a summary of the probable significant effects on the environment resulting from adoption and implementation of the Palm Desert General Plan Update. As the City is anticipating preparation of a comprehensive EIR addressing all required topics under CEQA, we will not prepare an Initial Study. The NOP will describe where relevant project documents are available for review, where written comments on the scope of the EIR may be sent, and the deadline for submitting comments. The NOP will also identify the date and location of a public scoping meeting to be held for the project. The NOP will be circulated for public comment for 30 days, as required under CEQA. As part of the NOP release, we will assist the City in preparing the necessary correspondence requesting Native American consultation required by SB 18. 7.3 Conduct Scoping Meeting The R+A Team will facilitate a scoping meeting during the NOP comment period. To promote attendance by both agencies and the general public, we recommend staging the meetings as one roundtable presentation in the mid-afternoon (primarily for agency staff), followed by a study session or agenda item designed for the general public before the Planning Commission on the same evening. R+A will prepare comment cards and a PowerPoint presentation for the scoping meeting and will present an overview of the environmental review process for the project. 7.4 Prepare Administrative Draft Program EIR PMC, in association with other team members, will prepare an administrative Draft Program EIR evaluating the potentially significant impacts that would result from implementing the Palm Desert General Plan Update. The EIR will contain all of the information and topics outlined in Sections 15120 to 15132 of the State CEQA Guidelines, and will be comprised of the following sections. Executive Summary The Executive Summary will clearly summarize the main findings of the EIR. It will include a summary table that summarizes the impacts, the significance of each impact before mitigation, any recommended mitigation measures (if required), and the significance of each impact after mitigation. The Executive Summary will also summarize areas of controversy, alternatives, and any significant and unavoidable impacts. 31 Contract No. C33240 Introduction The introduction will describe the organization, type, and use of the EIR; the environmental review process; the focus of the EIR analysis; other documents used to prepare the EIR; lead and responsible agencies; and opportunities for public comment. Project Description The project description will be based on the contents of the Palm Desert General Plan Update and will include the regional and local setting, project history, project objectives, project characteristics and components, phasing and implementation, and other information important to understanding the proposed project. It will also describe how the Program EIR can be used to streamline environmental review for later activities consistent with the Palm Desert General Plan Update. Below is an outline of the anticipated review process: • Determine whether the later project is consistent with or further implements the Palm Desert General Plan Update This evaluation would include later projects consistent with SCAG's Sustainable Communities Strategy (CEQA Guidelines Sections 15168, 15183, and 15183.5, SB 375, and SB 226). • Evaluate whether the later project would have environmental effects that are unique or peculiar to the project or parcel or would result in impacts not previously considered in the Program EIR. The later project's anticipated environmental effects would be compared against conclusions of the Program EIR. This would be done using a customized checklist similar to CEQA Guidelines Appendix G, provided as an appendix to the EIR (CEQA Guidelines Sections 15152 and 15183). • Determine and document whether the later project is covered by the Program EIR or determine the extent of environmental review for the later project. This would either identify that the Program EIR addresses the later project and no further environmental review is required, or would focus the environmental analysis for the later project to issues not addressed by the Program EIR. Setting, Impacts and Mitigation Measures PMC will describe the existing setting, and will identify impacts that would result from implementation of the Palm Desert General Plan Update, the level of impact significance, mitigation measures to reduce the impact to a less than significant level, residual impacts, and any unavoidable significant impacts. Because we propose that the Palm Desert General Plan Update be self-mitigating to the extent possible, mitigation and monitoring measures should become part of the Plan's implementation program. The EIR will also describe the regulatory framework for each topic area, and identify portions of the Palm Desert Municipal Code that can mitigate potential impacts. 32 Contract No. C33240 A comprehensive EIR addressing all topic areas specified within CEQA is proposed and, unless specific topics are excluded through the Scoping process. The topics are: • Aesthetics • Agriculture • Air quality • Biological resources • Cultural resources • Geology/soils • Hazards and hazardous materials • Hydrology/water quality • Land use/planning • Mineral resources • Noise • Population/housing • Public services • Recreation • Transportation/traffic • Utilities/service systems Certain sections of the EIR will require a high level of effort and significant technical analysis. These sections are listed and described below. Air Quality Rincon will prepare a CEQA-level Air Quality technical study, which will be documented in the EIR. The study will include a description of the project undertaking, the air quality regulatory and environmental setting, description of the methodology, analysis of potential impacts, and mitigation measures to avoid, reduce, or mitigate potential impacts to air quality, if necessary. The following steps will be undertaken to complete the study pursuant to guidance provided by the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook and Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning (General Plan Guidance). The Air Quality technical study will include a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. Rincon will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations in the area provide a summary of available ambient monitoring data. Rincon will also define the thresholds of significance for CEQA consideration, based on SCAQMD and City criteria and guidelines. The General Plan does not include any specific development proposals. Therefore, the analysis of temporary construction impacts will be qualitative in nature. SCAQMD thresholds for key pollutants of concern - volatile organic compounds (VOCs), nitrogen 33 Contract No. C33240 oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), respirable particulate matter (PM10), and fine particulate matter (PM2.5) — will be discussed, as will SCAQMD rules and regulations pertaining to control of construction-related emissions. The general type and size of project that may generate emissions exceeding SCAQMD thresholds will be identified, as will areas where potential future construction activity could adversely affect sensitive receivers. Rincon will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project-generated vehicle trips and stationary source emissions related to energy demand (i.e., natural gas consumption). This emission inventory will be compiled using CalEEMod and will be performed for the General Plan forecast year. Emissions will be compared to SCAQMD regional forecasts to determine whether the General Plan may have the potential to delay attainment of state or federal air quality standards. Rincon will also identify the potential for CO hot spots that may be caused or exacerbated by implementation of the General Plan as well as areas where sensitive land uses (such as residences) may be located within areas subject to exposure to elevated levels of diesel particulates or other toxic air contaminants. The analysis will consider motor vehicle volumes provided in the traffic study and the proximity of proposed sensitive land uses to high traffic levels. We have assumed that the CO hot spot evaluation will include screening level analysis of up to five local intersections. Cultural Resources Rincon will provide historic preservation, archaeological, and paleontological analysis for the Draft EIR, which will reflect the scope of issues arising from proposed General Plan update and offer strategic advice in relation to key historic preservation issues. Rincon will analyze the potential impacts of development facilitated by the General Plan against the CEQA significance thresholds for cultural resources and consider whether General Plan development may conflict with applicable goals, policies, or programs of the Archaeological & Cultural Resources Element. If deemed necessary, Rincon's cultural resources experts will provide mitigation recommendations to reduce potential impacts. Rincon will also provide recommendations for any specific research/assessments/studies regarding potential historic resources. Archaeological documentary research will include a review of relevant published scholarly literature, a search of archaeological and historic maps, records and reports for the City of Palm Desert area in the California Historical Resources Information System (CHRIS) on file at the Eastern Information Center, and a search of the California Native American Heritage Commission's (NAHC's) Sacred Land Inventory. Additionally, Rincon will consult with Historical Society of Palm Desert regarding any archaeological and Native American collections which the society may curate. Rincon will consult with appropriate Cahuilla and other Native American traditional cultural practitioners identified by the NAHC to identify places of cultural importance to 34 Contract No. C33240 tribes for which the City of Palm Desert is part of their traditional aboriginal territories. Consulted Native American representatives will be invited to identify any concerns regarding the General Plan update and cultural resources. Historical resources documentary research will include a review of relevant literature, including previous survey reports, inventories, assessments and reports available for the area through the CHRIS SCCIC as well as the City of Palm Desert and the Historical Society of Palm Desert. Records to be consulted may include but may not be limited to the recent citywide survey (2011) as well as the museum and archives maintained by the Historical Society of Palm Desert, relevant City documents (municipal codes, regulations, planning reports); historical materials (period newspaper articles, photographs, maps), and published local histories. Energy Use and Greenhouse Gas Emissions With regard to energy conservation, PMC staff will build off their previous work on the Energy Action Plan and work with the California Energy Commission (CEC) and service providers where possible to identify energy use data to characterize the existing and future energy use. Greenhouse Gas Emissions Energy demands associated with the proposed General Plan Update will be identified and analyzed against projected regional energy availability. The analysis will also determine whether the General Plan Update would cause energy to be consumed in an inefficient manner. PMC will prepare a greenhouse gas (GHG) emissions impact analysis section. We will draw heavily on GHG reduction measures and analysis completed as part of the General Plan Update. We will summarize federal, state, and local GHG-related regulations, policies, and programs, and identify Palm Desert General Plan Update policies and implementation programs that can reduce GHG emissions. In coordination with City staff, PMC will consult with the SCAQMD regarding appropriate methodologies to assess impacts. The analysis will use the most current plan-level thresholds of significance considered or identified by the SCAQMD. The determination of significance will be based on whether the level of GHG emissions generated with implementation of the Palm Desert General Plan Update would constitute a substantial contribution to the significant adverse cumulative impacts of global climate change. If the construction or operation of projects consistent with the Palm Desert General Plan Update would violate the applicable thresholds of significance, mitigation measures (quantitative and best management practices) that clearly identify timing, responsibility, and performance standards to avoid or fully reduce adverse and potentially adverse effects will be developed and applied, where necessary, using guidance from CAPCOA and SCAQMD. To the extent practical, PMC will recommend incorporating these measures as Palm Desert General Plan Update policies or implementation programs. 35 Contract No. C33240 Noise Rincon will prepare the Noise section of the EIR based on the technical noise study, which will: establish standards of significance, policies and guidelines; describe the existing setting; and analyze potential noise and vibration impacts related to construction activities, surface transportation, and other aspects of the operation of individual projects that are noise intensive or that have the potential to generate substantial noise. Potential noise increases along major roadways will be calculated and forecast noise levels will be compared to proposed standards to determine whether or not General Plan implementation would create potential noise compatibility issues. Other areas of potential noise incompatibilities (e.g., areas where residential and industrial uses abut, mixed use districts) will also be identified. As necessary, Rincon will develop mitigation measures to address any compatibility impacts, focusing on solutions related to design and use of sound-attenuating building materials. Transportation and Traffic PMC will prepare the Transportation and Traffic section of the EIR based on a technical report completed by Fehr & Peers. Fehr & Peers will summarize the previously developed existing conditions analysis for inclusion in the transportation impact study. Using the Citywide Travel Demand Model developed in Task 3, Fehr & Peers will estimate local and regional growth in transportation demand, based on future land use forecasts and known regional transportation network changes. Future land use estimates for the City of Palm Desert will be vetted with the project team and City staff prior to running the model to forecast future conditions. Future roadway traffic volumes and LOS will be estimated using the verified land use forecasts and General Plan transportation network. Transportation impacts associated with the General Plan will be evaluated in accordance with the standards identified in Phase 1. Mitigation measures will be identified to address impacts associated with the general plan. Fehr & Peers will also support the project team in its development and quantification of General Plan sustainability strategies through the following: • Assisting with the development of any GHG reduction targets. • Calculating the effectiveness of national and statewide strategies related to transportation. • Developing VMT and GHG reduction strategies related to transportation. Fehr+ Peers will then prepare a draft report for review and submittal. Water Supply With regard to water supply, PMC will use existing documentation on water supply planning for the City to address future water supply demands and the anticipated ability to provide service (i.e., 2010 Urban Water Management Plan). This will include a discussion and analysis of the possible water supply sources and associated infrastructure, competing interests and needs for water supply, and the associated 36 Contract No. C33240 environmental effects of water supply provision (consistent with State Supreme Court CEQA decision under Vineyards Area Citizens for Responsible Growth v. City of Rancho Cordova). Cumulative Impact Summary An EIR must also discuss cumulative impacts of a project pursuant to CEQA Guidelines Section 15130. PMC will prepare a cumulative analysis summary that addresses each topic covered in the environmental analysis and will identify appropriate mitigation measures for any significant impacts. The analysis will assess the cumulative impacts of implementing the Palm Desert General Plan Update relative to SCAG regional forecasts. Alternatives An EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. PMC will coordinate with City staff during preparation of the Palm Desert General Plan Update to develop and analyze up to three (3) alternatives to the proposed project, in addition to the no project alternative. Other CEQA Requirements The EIR will include other required sections, including growth-inducing impacts of the project, significant irreversible environmental effects, and a summary of significant and unavoidable impacts of the project. The growth inducement analysis will discuss ways in which the Palm Desert General Plan Update could indirectly or directly foster economic or population growth. This could include construction of additional housing or projects which would remove obstacles to population growth. Environmental Review Checklist for Subsequent Projects While not required under CEQA, PMC will include an environmental review checklist that could be adopted as part of the Palm Desert General Plan Update which would expand the City's use of the State CEQA Guidelines Appendix G checklist for future projects consistent with the Palm Desert General Plan Update by using the thresholds and mitigation identified in the EIR. The purpose of this checklist will be to identify when subsequent projects are fully or partially addressed in the environmental analysis in the Program EIR and to what extent further environmental review would be required. This checklist will be designed with items specific to Palm Desert and would utilize and cross-reference analyses in the EIR. PMC will provide the administrative draft EIR to the City for review and comment. One round of administrative draft review is anticipated. 7.5 Prepare public draft EIR 37 Contract No. C33240 PMC will incorporate one round of consolidated City comments on the Administrative Draft EIR and submit a Screencheck Draft EIR, followed by a Public Draft EIR and Notice of Availability to the City for distribution for a 45-day public comment period. PMC will file 15 copies of the Executive Summary and 15 CDs of the entire document (as preferred by the State Clearinghouse) and an NOC with the State Clearinghouse. The City will distribute the EIR to interested stakeholders and/or publish the Notice of Availability in a newspaper of general circulation. 7.6 Response to Comments and Final EIR PMC will review the comments received during the public review period on the Draft EIR. We will compile the responses to comments and make necessary changes to the Draft EIR to create the Administrative Final EIR. The Administrative Final EIR will include an introductory chapter, enumerated comment letters and public hearing comments on the Draft EIR, responses to all comments on the Draft EIR, and a listing of revisions to the Draft EIR. The Draft EIR will not be reprinted as part of the Final EIR. Any revisions to the text or analysis of the Draft EIR would be noted by Draft EIR page location within the Final EIR. PMC has provided a reasonable estimate of the level of effort required to prepare responses to comments based on our experience with similar projects. PMC will respond to comments related to the potential physical impacts of the proposed project as they relate to the analysis of the EIR within the estimated level of effort. Responses will involve explanation and clarification of the contents of the Draft EIR. New technical analysis will not be conducted as part of the response to comments. If the EIR proposes formal mitigation measures that are not otherwise addressed by Palm Desert General Plan Update policies or implementation programs, PMC will prepare a draft mitigation monitoring and reporting program (MMRP). The monitoring plan will incorporate features to monitor the success of mitigation, determine responsible parties for monitoring proposed mitigation, describe the role of the project proponent, identify guidelines and specifications for conducting monitoring and reporting results, and specify enforcement procedure for noncompliance. Upon receiving comments on the Administrative Final EIR and MMRP, PMC will revise the documents and prepare the Final EIR for distribution. The City will prepare the Findings and Statement of Overriding Considerations, if necessary. If requested by the City, PMC can prepare the Findings and Statement of Overriding Considerations on an additional time-and-materials basis. Task 7 Deliverables: • Screencheck Draft NOP (electronic) and Public Draft NOP (electronic), NOC, NOA, newspaper notice, and correspondence initiating SB 18 consultation. • One (1) scoping meeting, split into two (2) presentations, as described above, PowerPoint presentation, comment cards 38 Contract No. C33240 • Administrative Draft EIR (three hard copies, plus one electronic) • Screencheck Draft EIR (three hard copies, plus one electronic), Draft EIR (15 State Clearinghouse submittals + electronic), one public meeting, Notice of Availability (electronic), NOC for delivery to the State Clearinghouse (electronic) • Administrative Final EIR (3 copies + electronic), draft Mitigation Monitoring and Reporting Program MMRP)(electronic), Final EIR (10 copies + electronic) Task 8: Public Review and Adoption Following the completion of the draft documents, the team will move the documents through public review and adoption process. The specific tasks are discussed below. 8.1 Planning Commission Hearings R+A will prepare for and attend up to two Planning Commission hearings on the final General Plan, Corridor Plan, and EIR. 8.2 City Council Hearings R+A will prepare for and attend up to two certification and adoption hearings on the final General Plan, Corridor Plan, and EIR with the City Council. 8.3 Preparation of Final Documents Following certification and adoption of the Palm Desert General Plan, Highway 111 Corridor Plan, and EIR, R+A will complete minor graphic and/or textual revisions to the General Plan within state law and the stated budget, at the discretion of the City. Task 8 Deliverables: • Attendance at up to 2 Planning Commission hearings • Attendance at up to 2 City Council hearings • Preparation of a single, brief (20 slide; 20 minute) presentation for use at both the City Council and Planning Commission Hearings • Preparation of the Final General Plan, Corridor Plan, and EIR (Note the level of changes are limited to the hours listed in the project budget) Task 9: On-Going Project Management R+A will serve as the Project Manager and Prime Consultant for this project. As such, R+A will work closely with City staff, manage all subconsultants, maintain the project schedule, and track project costs. R+A will communicate regularly with staff., including monthly three-hour team meetings at the City's offices, monthly (or more frequent if necessary) conference calls, and email and phone communication as needed throughout the project. 39 Contract No. C33240 In addition to regularly scheduled project management meetings, R+A will organize a series of team meetings where consultants can meet with City staff throughout the project. These meetings will be an opportunity for the team to brainstorm and work together on critical project issues. Note that the number of meetings and conference calls attended by each sub-consultant varies depending on their level of involvement in the project. Task 9 Deliverables • Monthly in-person meetings with City staff • Monthly conference calls with City staff • Ongoing email and phone communication with City staff • Topic-specific team meetings as needed, subject to budget 40 Contract No. C33240 EXHIBIT "B" SCHEDULE OF SERVICES Task Completion Date Task 1: Project Initiation 1.1 Project Initiation Meeting June 6, 2014 1.2 Collect Information and Develop GIS Database June 13, 2014 1.3 Kick-Off Team Meeting/Tour June 6, 2014 Task 2: Community Engagement 2.1 Technical Working Group July 31, 2015 2.2 Stakeholder Interviews June 13, 2014 2.3 Highway 111 Corridor Plan Workshops January 30, 2015 2.4 Draft General Plan Public Workshops July 31, 2015 Task 3: Background Report 3.1. Review and Assess Reports, Studies, and Regulations June 30, 2014 3.2 Prepare Background Report Outline June 30, 2014 3.3 Admin Draft Background Report July 16, 2014 City Review of Background Report July 31, 2014 3.4 Traffic Model Update July 31, 2014 3.5 Final Background Report August 29, 2014 Task 4: General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives September 26, 2014 City Review of Vision and Alternatives October 10, 2014 4.2 Conduct Alternatives Analysis October 31, 2014 City Review of Alternatives Analysis November 7, 2014 4.3 Create Final Land Use and Transportation Plan December 5, 2014 Task 5: General Plan 5.1 General Plan Outline and Policy Framework December 12, 2014 City Review of General Plan Outline and Policy Framework December 19, 2014 5.2 Administrative Draft General Plan March 17, 2015 City Review of Administrative Draft General Plan March 31, 2015 5.3 Screencheck Draft General Plan Aril 16, 2015 City Review of Screencheck Draft General Plan Aril 30, 2015 15 Contract No. C33240 5.4 Public Draft General Plan June 5, 2015 Task 6: Highway 111 Corridor Plan 6.1 Framework Plan of Develo ment and Alternatives October 17, 2014 City Review of Framework Plan and Alternatives October 24, 2014 6.2 Preferred Framework and Vision Plan December 1, 2014 City Review of Preferred Framework and Vision Plan December 12, 2014 6.3 Administrative Draft Corridor Plan February 6, 2015 City Review of Administrative Draft Corridor Plan February 20, 2015 6.4 Public Review Draft Corridor Plan Ma 8, 2015 Task 6: Environmental Impact Report 7.1 Establish Thresholds of Significance November 14, 2014 7.2 Prepare Notice of Preparation November 21, 2014 30-Day Public Review Period December 22, 2014 7.3 Conduct Scoping Meeting December 22, 2014 7.4 Prepare Administrative Draft Program EIR Aril 24, 2015 City Review of Administrative Draft Program EIR May 22, 2015 7.5 Prepare Public Draft EIR June 23, 2015 45-Day Public Review Period August 10, 2015 7.6 Response to Comments and Final EIR September 18, 2015 City Review of Response to Comments and Final EIR October 16, 2015 7.7 Completion of Responses to Comments and Final EIR October 30, 2015 Task 8 Public Review and Adoption 8.1 Planning Commission Hearings November 30, 2015 8.2 City Council Hearings December 31, 2015 8.3 Preparation of Final General Plan January 31, 2016 15 Contract No. C33240 EXHIBIT "C" COMPENSATION Labor Cost Compensation Summary Per Task Tasks r Task 1: Project Initiation $ 19,790 Task 2: Community Engagement $ 61,480 Task 3: General Plan Background Report $ 161,530 Task 4: General Plan Vision and Alternatives $ 64,280 Task 5: General Plan $ 143,660 Task 6: Highway 111 Corridor Plan $ 95,740 Task 7: Environmental Impact Report $ 162,240 Task 8: Public Review and Adoption $ 29,360 Task 9: On-Going Project Management $ 24,120 General: Management of Subconsultants $20,220 Expenses (line item—to be billed as percentage complete, not as reimbursables) $ 17,283 Grand Total $799,703 Contract No. C33240 EXHIBIT"C" (CONTINUED) HOURLY BILLING RATES o Principal $185 q Senior Planner $150 + Public Health Specialist $125 VPlanner/Designer $100 Project Assistant $65 c c' Principal $180 Senior Designer/Planner $150 Ca M °- Designer/Illustrator $120 Project Manager $165 Principal Planner $195 U Senior Planner/Facilitator $130 a. 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O N m n 00 00 O O m 00 N Ayn R N n O O In m A A N 00 O O N N m N f'1 t/� uDi m C O to O OD m m m :.O O N N v W N N � li' b b 9 1b� b V to _S 6 O o tJil O �A 7 v* n v.Io d O a T �7 IA m to m to (•` � O O o 0 0 0 N N N m N W ID l0 r W N r A N w J r m N N r m 00 VI r ?�:m A A �D��Oi b b N`I-+ VI Vt N W W +.Vt N V ID In W m F+ O Vl '.A O A to .r J Ap W m r N N O W Ol O 3;�D h+ �tll tWpp � y� N N Cwi {a m m` .A r a m W w 0 rr.O O O O O "�'0 o 0 0 0P. ,,O O O O 5 ,O O O O O O, 00 M;?0 0000 0 0 0 0 A O ':O O O O O O O A The Desert Sun Certificate of Publication 750 N Gene Autry Trail ° CITY C?E�� Palm Springs, CA 92262 p 760-778-4578/Fax 760-778-4731 . A 2014 FEB -6 PM 12: 1 p Oty of palm Desert Community Development State Of California ss: County of Riverside FEB 0 Advertiser: CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT CA 922602 2000404708 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: The Desert Sun No 0193 REQUEST FOR PROPOSALS FR PROFESSIONAL PLANNING SERVICES Contract No.C33240 2/2/2014 PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert has issued a Request for Propos- als (RFP) from planning consultants qualified to update the City's 2004 General Plan and prepare the associated Environmental Impact Report.Con- sultants will be evaluated on the basis of firm ex- perience,qualifications of key personnel,location of of" ith preferential consideration given to firms loca wed in the Coachella Valley),and cost. Firms interested in receiving tlie complete Re- I acknowledge that I am a principal clerk of the printer of quest for Proposal may do so by contacting: The Desert Sun, printed and published weekly in the City Lauri Aylaian of Palm Springs, County of Riverside, State of California. Director of Community Development Clttyy of Palm Desert The Desert Sun was adjudicated a newspaper of general 73-510 Fred Waring Drive circulation on March 24, 1988 by the Superior Court of the Tel:(760Desert, 346 0611,Extension481 County of Riverside, State of California Case No. Email: laylaian®cityofpalmdesert.org 191236. The City reserves the right to postpone selection for its own convenience,to withdraw this RFP at any time,and to reject any and all proposals with- out indicating any reason for such rejection,As a I declare under penalty of perjury that the foregoing is true function of the RFP process,the City of Palm Des- ert reserves the right to remedy technical errors in and correct. Executed on this 2nd day of February, 2014 response to the RFP and to modify the published scope of services and scope of work. Proppoosals submitted in response to the RFP will not be re- in Palm Springs,,, nt turned. All proposals in response to this RFP are due no later than 5:00 p.m.on Friday,February 28,2014. Eight copies of proposals should be delivered to: Cify of Palm Desert, 73-510 Fred Waring Drive, Palm Desert,CA 92260.Attention:Lauri Aylaian, Director of Community Development.All questions repardin this RFP shall be directed to Lauri A;aian,NO)346-0611,Extension 481. De n s Signa ure Published:2/2/14 Aft RECEIV 0 CITY OF PALM DESERT CITY CL3 �; i ri PELF! ''i^•�� 73-510 Fred Waring Drive Palm Desert, California 92260-2578 �)� �� 29 AM IQ- 02 Tel: (760) 346-0611 Fax: (760) 776-6417 info@palm-desert.org REQUEST FOR PROPOSALS FOR PROFESSIONAL PLANNING SERVICES Contract No. C33240 PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert hereby issues a Request for Proposals (RFP) from planning consultants qualified to update the City's 2004 General Plan. Consultants will be evaluated on the basis of firm experience, qualifications of key personnel, location of office (with preferential consideration given to firms located in the Coachella Valley), and cost. Firms interested in receiving the complete Request for Proposal may do so by contacting: Lauri Aylaian Director of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Tel: (760) 346-0611, Extension 481 Email- laylaian cityofpalmdesert.org The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Palm Desert reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. Proposals submitted in response to the RFP will not be returned. All proposals in response to this RFP are due no later than 5:00 p.m. on Friday, February 28, 2014 Eight copies of proposals should be delivered to: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260. Attention: Lauri Aylaian, Director of Community Development. All questions regarding this RFP shall be directed to Lauri Aylaian, (760) 346-0611, Extension 481. REQUEST FOR CONSULTANT PROPOSALS FOR PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT City of Palm Desert Director of Community Development 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611, Extension 481 January 23, 2014 TABLE OF CONTENTS REQUEST FOR PROPOSAL PAGE NO. PART 1 Introduction and Background ...............................................................3 PART2 Scope of Work .....................................................................................4 PART 3 Scope of Services................................................................................5 PART 4 Available Documents ...........................................................................6 PART5 Schedule..............................................................................................7 PART6 Budget..................................................................................................7 PART 7 Proposal Contents................................................................................7 PART 8 Proposal Format..................................................................................7 PART 9 Proposal Evaluation ........................................................................... 10 PART 10 Insurance Requirements .................................................................... 11 PART 11 City of Palm Desert Rights and Options............................................. 14 PART12 Proposal Submittal ............................................................................. 15 2 CITY OF PALM DESERT REQUEST FOR CONSULTANT PROPOSALS FOR PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT 1. INTRODUCTION AND BACKGROUND The City of Palm Desert, California, incorporated November 26, 1973, is centered in the heart of the Coachella Valley. It is 27 square miles in area and has 49,949 permanent residents and another 32,000 seasonal residents. Palm Desert is known as the cultural and retail center of the desert communities. In 1997, voters approved changing Palm Desert's designation from general law to a Charter City in order to preserve the historical principles of self-governance and derive the resulting social, economic, and fiscal benefits from local control. The City employs the Council-Manager form of government. The City Council consists of five citizens elected to staggered four-year terms, with the position of Mayor rotating annually among the Council members. The City of Palm Desert is also rated one of the safest cities in Southern California. The Police Department is contracted through the Riverside County Sheriff's Department. The fire and paramedic service is similarly contracted. The City Council and City staff pride themselves on high quality delivery of services to residents. Palm Desert is clean, well maintained, and well managed. Whether it be through popular community gardens and varied parks, quality education at our Palm Desert schools, or unparalleled shopping and dining opportunities, we believe that our job is to put the concerns and needs of the Palm Desert residents above all others. Current General Plan: The existing general plan was comprehensively updated in a four-year work effort, culminating in adoption on March 15, 2004. Since that time, the Housing Element has been updated regularly as required by State law, with the current version having been adopted in October 2013. Other elements have been impacted by minor amendments, but have not been comprehensively revised. The majority of the amendments have been to the Land Use Element. This General Plan update is not envisioned as a wholesale rewrite of all elements, but rather a rewrite of some key elements, a refreshing of others, and a consolidation of several recent planning documents into this single, comprehensive document. Further description of the work needed for individual elements and the other documents available as resources is provided in Section 2, Scope of Work, and Section 4, Available Documents. 3 2. SCOPE OF WORK In brief, the scope of work includes update of all mandatory and optional elements of the 2004 City of Palm Desert General Plan, and preparation of an environmental impact report for the updated plan. The City is interested in applying its resources wisely and in a cost effective manner. The City also recognizes that, although all elements of the general plan are important, not all need to be addressed in a general plan. In fact, inclusion of information and elements in this document will be counterproductive if the information is not used regularly and updated in a timely manner. As example, producing a Water, Sewer, and Utilities Element, but not updating it with new information from the Coachella Valley Water District (CVWD), Imperial Irrigation District (IID), Southern California Edison (SCE), and Time Warner Cable (TWC) creates confusion for all parties concerned. Even though it is convenient to have the information in a single document, upkeep of the information is likely to be sporadic and inconsistent, such that it is better to refer questions to the agencies in question. Consequently, the City is prepared to minimize or eliminate some of the discretionary elements, and will work with the consultant to identify which elements those are. To provide more specific guidance, the elements contained in the current general plan, and their anticipated need for revision, are as follows: Consider Minimal Moderate to 2004 General Plan Element Consolidating Revisions Comprehensive or Eliminating Revisions Land Use X Circulation X Housing X Parks and Recreation X Community Design X Arts and Culture X Economic and Fiscal X Archeological and Cultural Resources X Biological Resources X Water Resources X Air Quality X Energy and Mineral Resources X Open Space and Conservation X Geotechnical X Flooding and Hydrology X Noise X Hazardous and Toxic Materials X Water, Sewer, and Utilities X Public Building and Facilities X Fire and Police Protection X Schools and Libraries X Health Services X Emergency Preparedness X 4 ' Includes update of specific plans and preparation of minimum one new specific plan (for the Highway 111 corridor). 2 Traffic Study and Circulation Element. A. Prepare a traffic model based upon RIVTAM to plan for meeting the needs of all users of streets, roads, and highways. For the purpose of the Circulation Element, users are considered to include motorists, pedestrians, bicyclists, children, persons with disabilities, seniors, movers of commercial goods, and riders of public transportation. Comply with the 2010 Office of Planning and Research guidelines for complete streets and the circulation element. B. Re-examine the City's peak hour intersection Level of Service (LOS) by movement, and evaluate policies and implications on corridors and intersections. c. Study and develop goals and policies relative to tie-in of the existing non-motorized transportation routes to the future CV Link system, and maximizing the effectiveness of that system in reducing vehicle miles traveled. 3 Minimal revisions to the 2013 Economic Development Strategic Plan will be needed to incorporate it in the Economical Fiscal Element of the updated General Plan. 4 Includes potential addition of a Healthy Communities Element. Community participation: The City of Palm Desert does not plan to use a General Plan Advisory Committee for this update. The City is concluding a year-long strategic planning effort as of the date of issuance of this Request for Proposals. This effort has involved 130 residents, business owners, technical staff, policy makers, and stakeholders from throughout the community. These individuals worked together to provide a vision of Palm Desert twenty years into the future. They formed focused, specialty working groups to address: Land Use, Housing, and Open Space; Parks and Recreation; Public Safety and Emergency Services; Energy and Sustainability; Economic Development; Arts and Culture; Tourism and Marketing; Transportation; and Education. The comprehensive visioning and deliberation of these groups was intended to be a foundation for not only the strategic plan, but for the ensuing General Plan update as well. This allows the public participation during the General Plan update to supplement, rather than re-create, that provided during the strategic planning efforts. For these reasons, the consultant's work will be guided by a small, technical working group comprised primarily of staff members. Community participation will be sought in several workshops wherein a draft of the General Plan is presented, and in the public hearings conducted by the Planning Commission and City Council. Broad community participation will also be actively solicited for development and update of specific plans for the Land Use Element. 3. SCOPE OF SERVICES Services to be provided by the selected consultant include the following: 1. Establish one individual who will serve as consultant's project manager and point of contact for all services performed under contract. 2. Work as an extension of City staff. Maintain an open dialogue with staff and work closely with the City Review and update existing goals and policies from 2004 General Plan. 5 3. Meet in person with staff members as needed to gather technical input and track progress of work. 4. Prepare agendas and exhibits, and conduct meetings and workshops with staff, working committee, and the public to gather data, collaboratively explore ideas, review concepts, and present findings. 5. Evaluate effectiveness of City's programs in achieving goals in 2004 General Plan. 6. Prepare draft Environmental Impact Report (EIR), Final EIR and all supporting documents as a necessary to comply with the requirements of the California Environmental Quality Act. 7. Provide a traffic model (as described in scope of work, above) and make such revisions to the model as may be requested by City staff. 8. Provide consistency with the State Office of Planning and Research General Plan Guideline update for 2014 (or draft Guideline if final guideline is not issued prior to the Notice to Proceed date for this contract work). 9. Integrate the documents provided by the City, including the Housing Element, Environmental Sustainability Plan, and the Economic Development Strategic Plan into the General Plan, providing internal consistency in content and appearance. Eliminate redundancy between elements to the greatest extent possible. 10.Submit seven hard copies plus one electronic copy of the draft General Plan to the City for review. 11.After receiving comments from City staff, incorporate revisions and prepare revised draft Plan. Conduct minimum two public meetings to present the draft Plan to interested members of the community. 12.Revise draft and present Plan to Planning Commission and City Council in public hearings as are required for Plan adoption. 4. AVAILABLE DOCUMENTS The following documents are available upon request for consultants responding to the Request for Proposals (RFP). Some of these documents are available in hard copy upon receipt of payment for copying costs. 1. 2004 General Plan 2. 2010 Environmental Sustainability Plan and Greenhouse Gas Inventory 3. Adopted 2013 Housing Element 4. 2013 City of Palm Desert Economic Development Strategic Plan 6 5. 2014 Strategic Plan: Envision Palm Desert--+ Forward Together(Draft) 6. City of Palm Desert FY 2013-14 Marketing Plan 7. City of Palm Desert Template Professional Consultant Services Agreement 5. SCHEDULE A suggested schedule is presented below. If the consultant anticipates difficulties with the proposed delivery schedule, he/she should so indicate, and should propose an alternate schedule in Item c. of Project Approach in the response to the RFP. Schedule Issue Request for Proposals February 1, 2014 Proposals Due to City 5:00 pm, February 28, 2014 Consultant Interviews Week of March 24, 2014 Award of Contract by City Council Aril 10, 2014 Contract Execution May 2, 2014 Notice to Proceed May 5, 2014 Submittal of First Draft to City February 2015 Adoption of Plan by City Council December 2015 6. BUDGET The City has appropriated $800,000 for this update, and would like to accomplish the work within this budget if practicable. Under Item V d. of the proposal, consultant should address the project's budgetary parameters, including cost limitation mechanisms and optional tasks. Creative approaches that utilize existing resources, limit less critical technical studies, and potentially use less expensive resources for some tasks or processes are encouraged. Consultants may propose optional approaches or tasks that the City could consider to better or more cost effectively achieve its goals. 7. PROPOSAL CONTENTS To demonstrate its qualifications, its ability to perform the services described in this RFP, and its proposed method for performing these services, the consultant shall submit eight copies of a proposal containing the following information in the format indicated below. Incomplete proposals and proposals not organized according to this format may be rejected. Faxed or emailed proposals will be rejected. 8. PROPOSAL FORMAT I. A transmittal letter including the following information: a. Signature of an officer of the consultant designated as the prime consultant who is authorized to bind the firm contractually. In case of a joint venture (JV), an officer of each JV partner shall sign. 7 b. The name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the consultant selection process. c. The name, title, address, and telephone number of the individual who will negotiate with the City and who is authorized to contractually bind the consultant. d. A statement that the firm can meet the City's insurance requirements, including certificates of insurance naming the City, its officers, officials, employees, and volunteers as additional insureds. Completed insurance endorsements will be required if your firm is selected. All endorsements must be on forms acceptable to the City. II. Experience of the firm or A including: a. A list of five most recent similar projects by the proposed project team. Include at least one project on which all of the principal team members, including key sub-consultants, worked together. Do not list any projects that were performed by key team members when they were employed by other firms. In the case of a JV, do not list projects performed by either of the firms, only ones performed by both firms as a joint venture. Each description shall include: • The name of the client and a contact name, address, and telephone number. • The scope of the consultant's involvement in the project. • The month and year the projects started and the month and year they were completed. • The total value of the services provided. • The key personnel involved and the sub-consultants employed. Sub-consultants should identify at least three (3) recent projects of a similar nature as references. Give the following information on each project: • The name and location of the project. • The estimated total value. • The year the project was started and completed. • The firm's project responsibilities. Indicate which responsibilities were those of personnel who would be assigned to this project. 8 • The name, title, and telephone number of a contact person with the client who is familiar with the project. b. Summary description of any litigation (and outcomes) within the last seven years that the firm or JV has been involved in concerning a general or specific plan, or elements thereof, or the adequacy of CEQA documentation prepared by the firm or proposed subcontractors. c. The current size of the prime consultant firm or JV and the size variation during the past seven years. d. A list of any of the prime consultant's contracts terminated (partially or completely) by clients for convenience or default within the past seven years. Include contract value, description of work, client, contract number, and the name and telephone of the contracting entity. III. Project approach, including: A brief description of the project team's proposed technical and management approach to the project. Include the following information: a. A description of the project team's organization required to conduct this project. b. The team's identification of the critical project elements that may arise during the term of the contract. c. The team's approach to control cost, schedules, and quality. If revisions are suggested to the proposed schedule, discuss them here. d. Any assumptions or limitations as to technical study scope or process (number of intersections to be studied, noise measurements taken, number of meetings to be attended, etc.) IV. Qualifications of the project team's key personnel, including: a. The name, position, and a detailed resume of the proposed Project Manager. Identify the name, position, and a brief resume of the person who will be the actual key contact with City staff. b. The name, position, brief resume, and proposed responsibilities for all other key personnel. Indicate their present assignments and their availability. Include alternate personnel that would be used if the persons identified as key personnel are not available at the time a specific project arises. 9 c. Provide a team organization chart showing all key personnel. Describe any special resources the project team may bring to the Project, such as specific recent experience working on related projects, and recent experience on City of Palm Desert or other local (Coachella Valley) projects. Elaborate on why the project team stands above the competition. V. Cost proposal based in the scope of work and scope of services described in this Request for Proposals. Include: a. Expected hours by job classification. Estimate the percentage of hours that will be for work performed in the Coachella Valley. Include the work of all subconsultants in this computation. b. A current hourly rate schedule. c. Expected budget for reimbursable expenses, if any. d. A description of assumptions made while preparing the cost proposal and any qualifications to that proposal. e. Suggestions of any modifications that the City could make to the scope of work or scope of services that would allow the project to be accomplished more cost effectively. VI. Writing samples, including a sample Land Use Element a sample Circulation Element, and a third sample element of your choosing, that your firm has prepared within the last three years. Identify the author of the sample(s), and what role he/she will have on this project. Send no more than five pages of each sample element. Do not send the whole General Plan. 9. PROPOSAL EVALUATION 1. Consultant proposals will be evaluated based upon firm experience, qualifications of key personnel, project approach, cost, and location of firm (including what percentage of the work will be performed locally). Preferential consideration will be given to firms that are located in the Coachella Valley and that will perform the majority of the work locally. 2. The proposals will be evaluated by a committee comprising City of Palm Desert staff, one member of the Planning Commission, and two members of the City Council. 3. After review of the proposals, the evaluation committee may choose to interview three to five top-ranked firms. If conducted, these interviews will allow the consultant team to make a presentation, then answer questions relative to their presentation and their written proposal. Firms invited to be interviewed will be given a minimum of seven calendar days advance notice of the interview date. 10 4. The evaluation committee will identify the top-ranked firm and recommend to the Palm Desert City Council that a contract be awarded to that firm. 5. City staff will negotiate a contract with the top-ranked firm based upon the scope of work and scope of services described herein, and the cost proposal submitted by the consultant, subject to such modifications in any of these as may be necessary and appropriate to deliver a General Plan and Environmental Impact Report that are complete, sufficient, and in the best interests of the City of Palm Desert. 6. In the event that the City and the top-ranked consultant are unable to reach a mutually satisfactory agreement for any reason, the City reserves the right to terminate negotiations with the top-ranked firm and to commence negotiations with the second-ranked firm. 7. The City Council will consider the recommendation of the consultant evaluation committee and the negotiated contract, and make a decision regarding award of the contract during a regularly scheduled meeting that is open to the public. 10.INSURANCE REQUIREMENTS Without limiting consultant's indemnification of City, and prior to commencement of Work, consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, 2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and consultant agrees to maintain continuous 11 coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements: Insurance for Subconsultants: All subconsultants shall be included as additional insureds under the consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. Citv's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by consultant or City will withhold amounts sufficient to pay premium from consultant payments. In the alternative, City may cancel this Agreement. 12 Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the consultant, the City and consultant may renegotiate consultant's compensation. 13 Self-insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 11.CITY OF PALM DESERT RIGHTS AND OPTIONS This RFP does not commit the City of Palm Desert to award a contract, to pay any cost incurred with the preparation of a proposal, or to procure or contract for services described herein. The City of Palm Desert reserves the right to accept or reject any or all proposals received in response to this RFP, to negotiate with any qualified source, or to cancel in whole or in part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their proposals. All respondents should note that any contract pursuant to this solicitation is dependent upon the recommendation of the Palm Desert City Council. The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Palm Desert reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. The City of Palm Desert will reserve the right to request that specific personnel with specific expertise be added to the team if the City determines that specific expertise is lacking in the project team. Proposals submitted in response to the RFP will not be returned. 14 12.PROPOSAL SUBMITTAL All proposals in response to this RFP are due no later than 5:00 p.m. on Friday, February 28, 2014. Proposals should be delivered to: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260. Attention: Lauri Avlaian, Director of Community Development. All questions regarding this RFP shall be directed to Lauri Avlaian, (760) 34-0611, Extension 481. 15 PAGE: 1 CM o0 FISM 12(NaBN PURCHASE ORDER P.O. NO: 019101 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 DATE: 06/20/14 TELEPHONE (760) 346-0611 FAX (760) 341-4564 TO: RAIMI & ASSOCIATES INC SHIP TO: City of Palm Desert 2000 HEARST AVENUE ATTN: PLANNING STE 306 73-510 FRED WARING DRIVE BERKELEY, CA 94709 PALM DESERT, CA 92260 VENDOR NO. 13413 DELIVER BY SHIP VIA F.O.B. TERMS 04/30/16 NET CONFIRM BY CONFIRM TO REQUISITIONED BY SEE REQUISITIONER/JRB L.AYLAIAN/MO FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REQ. DATE 40044704123919 21546 06/19 14 EXTENDED • • ITEM • • • -7 • • 1 799703 . 00 DL PROF-CONSULTING SRV 1 . 0000 799703 . 00 CONSULTANT TO PREPARE AN UPDATE OF THE CITY F PALM DESERT COMPREHENSIVE GENERAL PLAN AND PREPARE THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT, SUBJECT TO FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY. CITY COUNCOL APPROVED: 4/24/2014 CONTRACT NO: C33240 SUB-TOTAL 799703 . 00 TOTAL 799703 . 00 REMARKS : **NOTE** Payments will not be proc ssed by the requestingq de artment until a sign d contract s received by the City Clerk. ***** * INVOICE PAID AMOUNT PAID', AUTHORIZED BY PURCHASE' G FFICER APPROVED FOR PAYMENT SEE REVERSE SIDE - INSTRUCTIONS PURCHASE ORDER TERMS AND CONDITIONS 1. Acceptance: City reserves the right to refuse any goods and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions. Acceptance of any part of the order shall not bind City to accept future shipments, nor deprive it of the right to return goods already accepted. 2. Late Deliveries: If delivery of the commodity or service cannot be made as specified or sooner and at the price shown, notify the City Purchasing Officer immediately. And correspondence, other than invoices, relating to this order must be sent to the Purchasing Officer. The City reserves the right to cancel order if delivery is not made by the time specified. 3. Risk of Loss: Delivery shall not be deemed to be complete until goods have been actually received and accepted by the City. 4. Defects: By accepting this order Seller acknowledges that the goods covered by this order are satisfactory for the purposes intended by City. 5. Prices: Unless otherwise provided goods shall be furnished at the prices indicated on this order only. Invoices will be honored for purchase order prices only. Prices on the order include delivery to the Department within building unless otherwise specified on the order. 6. Patent Infringement: Seller agrees to indemnify City and hold it harmless from and against all liability, loss damage, and expense, including reasonable counsel fees, resulting from any actual or claimed trademark, patent or copyright infringement, or any litigation based thereon with respect to any part of the goods covered by this order, and such obligation shall survive acceptance of the goods and payment therefore by the City. 7. Packing: All goods, wrappers and containers must bear markings and labels required by applicable federal, state, and municipal laws and regulations for the protection and safety of persons and property and Seller warrants that prices include all charges to packing, crating, and transportation to f.o.b. point. 8. Nonassignment: This order must not be assigned or transferred to anyone without the written approval of the Purchasing Officer. 9. Labor Disputes: Whenever any actual or potential labor disputes delays or threatens to delay the timely performance of this order, Seller shall immediately give notice thereof to City. 10. HAZARDOUS MATERIAL: SELLER SHALL PROVIDE MATERIAL SAFETY DATA SHEETS FOR EACH PRODUCT CONTAINING HAZARDOUS SUBSTANCE AS LISTED BY CALIF. DIR. IND. REL. IN CALIF. ADM. CODE, TITLE 3, SEC 5194 AND LABOR COSTS. Seller agrees to furnish Material Safety Data Sheet (Form OSHA 20)as applicable for hazardous or potentially hazardous products. 11. Discounts: Discount period will be computed from date of receipt of invoice, or goods or services whichever is the later date. 12. Hold Harmless: Seller agrees to indemnify, defend and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Seller's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the negligent acts of Seller, its agents or employees, and all expenses of investigating and defending against same; provided, however that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. 13. Out of State vendors maybe required to have withholding for State Income Tax purposes. O'Reilly, Monica From: Bounds,James Sent: Wednesday, June 18, 2014 4:45 PM To: O'Reilly, Monica Subject: Requested Account Number Hey Monica, I am pretty sure this is the account number. I will double check with Paul before I process it. Account number . . . :400-4470-412.39-19 Fund . . . . . . . . :400 CP CAPITAL PROJ RESERVE Division . . . . . . : 44 COMMUNITY DEVELOPMENT Department . . . . . : 70 PLANNING & COMMUNITY DEV. Activity basic . . . : 41 GENERAL GOVERNMENT Sub activity . . . . : 2 PUBLIC SAFETY&WELFARE Element . . . . . . : 39 SPECIAL PROGRAMS Object . . . . . . . : 19 GENERAL PLAN Original budget . . . . . . . . . 0 Revised budget . . . . . . . . . : 800,000 04/30/2014 James Bounds Accounting Technician City of Palm Desert (760) 346-0611 ext. 303 1 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C33240 IN THE AMOUNT OF $799,703.00 TO RAIMI + ASSOCIATES TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN, AND APPROPRIATE $800,000 FROM UNOBLIGATED FUND 400 FOR THE AWARD OF THE CONTRACT SUBMITTED BY: Lauri Aylaian, Director of Community Development APPLICANT: Mr. Matthew Burris Raimi +Associates 3600 Lime Street, Suite 226 Riverside, California 92507 DATE: April 24, 2014 CONTENTS: Contract No. C33240 Recommendation By Minute Motion: 1. Award Contract No. C33240 in the amount of $799,703.00 to Raimi + Associates, Inc. of Riverside, California, for update of the City of Palm Desert Comprehensive General Plan and preparation of the associated Environmental Impact Report, subject to final review and approval of the City Attorney; and 2. Authorize Mayor to execute same; and 3. Appropriate $800,000.00 from unobligated Fund 400. Executive Summary Approval of this staff recommendation will award a professional services contract to a consulting firm to update the City's Comprehensive General Plan and to prepare the associated Environmental Impact Report. The consulting firm, Raimi + Associates, was selected by an ad-hoc subcommittee that reviewed written proposals in response to a widely-distributed Request for Proposals, then conducted in-depth interviews with the top- ranked respondents. This General Plan update will utilize input received from community members during the recent Envision Palm Desert strategic plan initiative, and will take approximately 18 months to complete. Staff Report Award of Contract No. C33240 to Raimi + Associates April 24, 2014 Page 2 of 3 Background On January 23, 2014, the City Council authorized staff to issue a Request for Proposals (RFP) for Contract No. C33240 for professional planning services to update the City's Comprehensive General Plan and prepare the associated Environmental Impact Report (EIR). Four firms submitted detailed responses to the RFP. These responses included the history of the firm and resumes of key project personnel, details of similar work performed, a cost proposal, samples of their written work products from general plans prepared for other agencies, and a description of the methodology that they proposed to use to update Palm Desert's Comprehensive General Plan. An ad-hoc committee of seven people reviewed the written proposals, and evaluated them based upon firm experience, qualifications of key team members, samples of their work, cost, proposed methodology, and location of the firm. The ad-hoc committee comprised two members of the City Council, a representative of the Planning Commission, and four members of City staff—one from each of the departments of Public Works, Building & Safety, Community Development, and the City Manager's office. Firms interviewed for this contract work were: • Project Design Consultants - San Diego, California • Raimi + Associates - Riverside, California • Terra Nova Planning & Research, Inc. - Palm Desert, California At the conclusion of the interviews, the selection committee identified Raimi + Associates as the top-ranked firm for updating the City of Palm Desert Comprehensive General Plan. Committee members cited the following as reasons for their selection: • Raimi + Associates brings an energetic and fresh approach to the City, which is appropriate at a time when the demographics and lifestyle of Palm Desert's residents are changing. • Sargent Town Planning (STP), an urban planning consultant to Raimi + Associates, has both creative vision and solid experience for developing an attractive and achievable corridor plan for the Highway 111 area. STP showed the committee layered graphic images to depict changes in infrastructure, landscaping, and buildings over time, thus exploring the outcomes of different possible plans. STP's graphic design images were supplemented with photographs of the actual outcome, demonstrating the realistic nature of their designs. • Raimi + Associates supplemented their team with Metropolitan Research + Economics, a firm that will provide market and fiscal analysis in support of the \\srv-fil2k3\groups\Planning\Lauri Aylaian\General Plan Update\RFP and Consultant Selection\Raimi+Associates Contract Award Staff Report 4.24-14.doc qew r Staff Report Award of Contract No. C33240 to Raimi + Associates April 24, 2014 Page 3 of 3 General Plan update. This will help the City to adopt a plan that can realistically be achieved by private development. Neither of the other short-listed firms proposed to use an economic consultant in their work. • Raimi + Associates is primarily a general plan consultant. They report that 99 percent of their clients are agencies such as cities and counties, as opposed to private developers. • The cost proposal submitted by Raimi + Associates is reasonable for the scope of services to be provided. Their hourly rates are similar to those of the other firms. Although their total cost is slightly higher than that of the other two finalists, it provides for the added value of an economic consultant and is still within the funds allocated for the update. Environmental Review Execution of a contract with a consultant to update the General Plan has no foreseeable direct or indirect impact on the environment. As part of their services, the consultant will prepare an Environmental Impact Report to analyze possible impacts that would stem from development contemplated in the updated General Plan. No further analysis is needed at this time for compliance with the California Environmental Quality Act. Fiscal Analysis The City Council has earmarked $800,000 in Fund 400 for the update of the City of Palm Desert 2004 General Plan. That money needs to be appropriated by the City Council in order to award this contract. No future ongoing operational or capital costs will be incurred by the proposed update of the General,Plan. CITY COUNCII ION Subm itte APPROVED DENTED RECEIVED OTHER �aurl Aylaian, Community Development Direcy&E G DATE AYES: '' n Revie ed y: NOES: ABSENT: ABSTA P . Gibson, Director of Finance VERIFIED BY: Original on File with Ci C,Jerk's Office gpfsrIV Jo/ M. Wohlmuth, City Manager V \\srv-fil2k3\groups\Planning\Lauri Aylaian\General Plan Update\RFP and Consultant Selection\Raimi+Associates Contract Award Staff Report 4-24.14.doc c I I y 9 1 P H I M 9 1 1 1 7;-5 1 o Fittit, WARING DRIVE PALM D'SHRT, CAHFORNIA 92260-2578 TEL: 76o 346—o6ii 1.nyt�tPakrtt)esert info0,cityofpalmdescrt.org Community Development - _ JON 1812014 June 17, 2014 Mr. Matthew Burris Raimi + Associates, Inc. 3600 Lime Street, Suite 226 Riverside, California 92507 Dear Mr. Burris: Subject: Contract No. C33240 - Prepare an Update of the City of Palm Desert Comprehensive General Plan At its regular meeting of April 24, 2014, the Palm Desert City Council, by Minute Motion: 1) Awarded subject contract in the amount of $799,703 to Raimi + Associates, Inc., Riverside, California, for update of the City of Palm Desert Comprehensive General Plan and preparation of the associated Environmental Impact Report, subject to final review and approval of the City Attorney; 2) authorized the Mayor to execute said contract. Enclosed is a copy fully executed Agreement for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosures (as noted) cc/enc:,"Lauri Aylaian, Community Development Director Finance Department GA0tyC1rklGloda SanchezlettersW-ContractslC33240.doc x4 PAWHO OA EUCLID PAM, RECEIVED CITY CLERK'$ OFFICE PALM QESEf�`f. CA CITY OF PALM DESERT 21u MAY 29 AM 4 PROFESSIONAL CONSULTANT SERVICES AGREEMENT CONTRACT NO. C33240 1. Parties and Date. This Agreement is made and entered into this 25th day of April, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Raimi + Associates, Inc. ("Consultant"), a California corporation, 2000 Hearst Avenue, Suite 306, Berkeley, CA 94709. City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional planning services for the update of the City of Palm Desert Comprehensive Plan and preparation of the associated Environmental Impact Report, Contract No. C33240, ("Project") as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning services required herein for the Project ("Services") and consistent with the level of effort identified in Exhibit "C". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Consultant shall exercise due professional care to provide that all Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3` � ' �' ' a . r Contract No. C33240 A.a +� tM MA Q$IM Mm. The term of this Agreement shall be from May 25, 2014 to May 25, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City which shall not be unreasonably withheld. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP, 2 Contract No. C33240 Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; and Mr. David E. Bergman, AICP, Principal, MR&E. 3.2.5 City's Representative. The City hereby designates Ms. Lauri Aylaian, Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Council is the only authorized body that can approve increasing the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew Burris, AICP, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the 3 Contract No. C33240 Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned (if any), hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional 4 ' T Contract No. C33240 insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages except Professional Liability shall be primary and any other insurance, deductible, or self- 5 Contract No. C33240 insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to require its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability and Automobile Liabilityand if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit"C" attached hereto and incorporated herein by reference. The total 6 Contract No. C33240 compensation shall not exceed seven hundred ninety-nine thousand seven hundred and three dollars ($799,703) without authorization of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council. 3.3.5 Rate Increases. In the event that this contract is extended beyond the date specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the time of renewal in accordance with the change (increase or decrease) in the Riverside County Consumer Price Index for the previous twelve months. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate 7 Contract No. C33240 the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) business days before the effective date of such termination. Prior to termination due to cause, City will make reasonable effort to provide notice and opportunity for Consultant to correct any default. Upon termination, Consultant shall be compensated for those services which have been adequately rendered to City.Consultant shall be entitled to no further compensation beyond reasonable expenses for transfer of materials to the City. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) business days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Raimi + Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Attn: Mr. Matthew Burris, AICP, Senior Associate City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Ms. Lauri Aylaian, Director of Community Development Such notice shall be deemed made when personally delivered or when sent via FedEx or other service that provides document tracking. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, 8 Contract No. C33240 physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Maintenance of confidentiality by the Consultant excludes any disclosure required for Consultant to comply with pertinent laws. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. All information and documents that are provided to the City by the Consultant are considered proprietary and not public information. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, designated volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with this Agreement. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent 9 Contract No. C33240 required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City shall cooperate reasonably in the defense of any action, and Consultant shall employ competent counsel, reasonably acceptable to City. To the fullest extent permitted by law, City shall defend, indemnify and hold the Consultant, their directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of City, its officials, officers, employees, subcontractors, consultants or agents in connection with this Agreement. 3.5.6.2 Additional Indemnity Obligations. To the extent caused by the above, Consultant shall pay and satisfy any judgment, settlement, award or decree that may be rendered against City or its directors, officials, officers, employees, and designated volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, official, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 10 Contract No. C33240 3.5.13 Construction; References; Captions. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, and designated volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party 'any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require 11 Contract No. C33240 every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated in Consultant's proposal dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT RAIMI + ASSOCIATES By: By: 4,,—,- ta f/t_...e..,..__ S-22-1� Van G. Tanner Matthew Raimi Mayor Principal ATTEST: By: Ra hel a D. Klas en City Clerk APPROVED AS TO FORM: By: David J. E , Best Best & Krieger LLP City Attorney 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CERTIFICATE State of California County of L ? On ifo to me, + notary public, personally appeared who proved to me on the basis of Lab ' tory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to t he she/ executed the same i �is/ er/their authorized capacity(ies),and that b his/ er/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under Penalty of Perjury under the laws of the state of California that the foregoing true and correct. 7*pn AND ICIAL SEAL. '"" MAHY S. BAPI Commission # 1968i26 z"` Notary Public-California Z ? ` 1� > Alameda County D My Comm ices Feb, 8,2016 Signatu of Public OPTIONAL INFORMATION The acknot ment ntained within this document is in accordance with California law. Any certificate of acknowledgment performed within the State of Ca i rnia shall use the preceding wording pursuant to Civil Code section 1189.An acknowledgment cannot be affixed to a document sent by mail or otherwise delivered to a notary public,including electronic means,whereby the signer did not personally appear before the notary public,evert if the.signer is known by the notary public.In addition,the correct notarial wording can only be signed and sealed by a notary public. The seal and signature cannot be affixed to a document without the correct notarial wording. DESCRIPTION OF ACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual isle of document)NA, Corporate Officer f1 yI smct/n rP Partner Number of Pagesja. uding acknowled t) Attorney-In-Fact Trustee Document Date Other: (Additional Information) MMX V.BAN 1510.409.1334 www.BayAreallotary.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of'RivPrsidP June 16 2014 M. G. Sanchez Notary Pi.iblic On ' before me, G. � bate Hore Insert Name and Title of the Officer personally appeared Vrin G. Tanner -------------------------------- __-- ___-- __.__._..- __-- _._ Namo(s)o1 Signor(s) .-----.----__.__--._.__.__..,.__—�__ who proved to me on the basis of satisfactory evidence to be the person) whose name(&) is/AM subscribed to the within instrument and acknowledged to me that he/fflQ *jr executed the same in hisMVXM authorized capacity0M), and that by his/Xkf }f signature(g) on the "�'''�"� instrument the erson M. G. SANCHEZ t p (g), or the entity upon on behalf of Commission# 1906339 which the person(L) acted, executed the instrument. z z -d Notary Public-California z z Riverside County ' I certify under PENALTY OF PERJURY under the laws My Comm.Expires Oct 29.2014 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ;r Signature Place Notary Seal Above Sig tut of Notary ublic OPTIONAL Though the information below is not required by law,it may prove valuable to persons r lying on�he docum t and could prevent fraudulent removal and reattachment of this form to ano er docum� Description of Attached Document Comprehensive General✓Plan Update and the Associated EIR Title or Type of Document: C33240 — Raimi + Assocites, Inc. Document Date: April 25, 2014 _Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Van G. Tanner Signer's Name: L Individual L.1Individual I] Corporate Officer—Title(s): U Corporate cer—Title(s): Partner—[_1 Limited ❑General L]Partner—CJ Lf Cited LJ General _ O Attorney in Fact • L Attorney in Fact I l Trustee Top of thumb here L J Trustee Top of thumb here O Guardian or Conservator ❑Guardian or Conservato LX Other: Mayor CJ Other: Signer Is Representing: Signer Is Representing: City of Palm Desert 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationaiNotary org Item#15907 Reorder:Cap Toll-Free 1-800-876-6827 Contract No. C33240 EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Initiation In this task, the Raimi + Associates (R+A) team will initiate the project, meet with City staff, and tour the City. This task includes the following sub-tasks: 1.1 Proiect Initiation Meeting R+A will meet with City staff to initiate and organize the project. During this meeting, participants will review and discuss the scope of work and the overall schedule, develop a detailed three-month project schedule, and review the current planning-related activities in Palm Desert relevant to this update process. A key component of this meeting will be to discuss the City's objectives and review and refine the Scope of Work, if needed. Additionally, R+A and the City will clarify roles and expectations, establish communication portals for information sharing and future discussions, discuss billing logistics; and share background information and materials. 1.2 Collect Information and Develop GIS Database City staff will provide the R+A team with all of its existing data, reports, and studies relevant to the General Plan update. Critically, R+A will collect existing GIS data from the City. We expect that the City will have, at minimum, the following data in GIS-based shapefiles: existing land use, general plan land use, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and County assessor data. R+A will collect additional information on Palm Desert including data from the US Census, the Riverside County Department of Public Health, SCAG, CVAG, and various State of California departments. Finally, R+A will create a base map of the City for use by the team throughout the project. R+A will prepare the base map in Adobe Illustrator and GIS (ESRI ArcMap 10) using high resolution aerial photos provided by the City and from GIS. 1.3 Kick-off Team Meeting/Tour Key members of the R+A Team will visit Palm Desert for a kick-off meeting and City tour. Note that some team members may only attend part of the kick-off meeting. The kick-off meeting will have three primary components: t. Team meeting with City staff and the R+A Team. 2. Tour the city with City staff. 3. Meetings with individual department directors or staff. 13 Contract No. C33240 Task 1 Deliverables: • Project Initiation Meeting • Refined General Plan Work Plan and Schedule • Base Map of City • Kick Off Meeting and City Tour • Document and Data request Task 2: Community Engagement The R+A Team will work with the City to implement a public outreach process to ensure a transparent and efficient planning process. The tasks included in the scope represent R+A's idea for reaching the full spectrum of Palm Desert community members, but will ultimately be refined in the Community Engagement Plan after working directly with City staff. R + A will be the primary leader for the public outreach and visioning tasks described below, with continuous involvement by R+A in all efforts to ensure all team members gain first-hand understanding of the community's vision. 2.1 Technical Working Group The City will appoint a General Plan Technical Working Group (TWG) to support the General Plan update. Ideally, the group would consist of approximately 15 members. The R+A team will attend and facilitate one Technical Working Group meeting per month for crucial phases of the project, totaling approximately 14 meetings since meetings are not needed during certain phases of the project. The TWG may not need to meet in person on a monthly basis, but rather should meet regularly during key periods of data gathering and policy review, while checking in via conference line or email during months where the R+A Team is working on specific tasks. This will help prevent committee fatigue and provide potential TWG members with a more manageable time commitment to the project. R+A will kick off the Technical Working Group at the first meeting by reviewing the project purpose; discussing the contents and state requirements for the General Plan, the Highway111 corridor plan, the traffic model, and EIR; establishing the group's ground rules and role in the process; and reviewing the community engagement program and project timeline. The TWG will provide feedback at the following key project milestones: • Project kick-off • Community vision • Key issues • Technical background studies • Key policy approaches • Land use and circulation alternatives 14 Contract No. C33240 • Corridor Plan development • Public review draft General Plan The R+A project team will provide a facilitator and the project manager, in addition to other needed technical staff for presentations, and prepare meeting agendas, presentations, and summaries for each meeting. 2.2 Stakeholder interviews R+A team members will conduct up to 8 one-on-one meetings with key members of the City Council, Planning Commission or community at the beginning of the process to obtain a better understanding of the project issues, the strengths of the City and their vision for the City. 2.3 Highway 111 Corridor Plan Workshops R+A believes the development and evolution of the Highway 111 corridor is critical to Palm Desert and is thus worthy of a substantial public outreach effort. The R+A Team will develop meeting parameters and provide guidance for the City to follow in efforts to conduct a series of public meetings. The focus of these parameters will be to provide uniformity in presenting information, facilitating dialogue, garnering input, and fostering consensus. Workshops will be creative forums in which a free flow of ideas can take shape toward a common purpose. The challenge of these meetings will be to ensure adequate and broad-based participation in order to avoid homogenous or narrow input. To make sure that all voices are heard, the R+A Team will supplement the public meeting presentations with Turning Point software. Turning Point is designed to work on top of Microsoft PowerPoint. Participants are given a credit card size infrared voting device that allows them to anonymously vote on issues, survey questions, and ranking/prioritization questions. Results appear immediately as a compiled bar or pie chart on the slide. Because voting is anonymous, it prevents a vocal person from dominating the meeting with their ideas and supports "one voice one vote." It also enables the meeting facilitator to have a more dynamic discussion as follow-up to the results. The agendas and approach for each workshop will be developed in collaboration with the City to identify the best format based on the audience, information to be presented, and input needed. The R+A Team will share lessons learned and best practices to assist in the decision making process. The R+A Team will conduct the following four public workshops at key project milestones: Workshop No. 1 - Background InformationNisioning: In this workshop, which may be scheduled on a Saturday for a 3 to 4 hour block, the Team would make an opening presentation that includes a summary of the existing conditions analysis and a range of corridor precedents that may serve as models for elements of the Highway 111 Corridor 15 Contract No. C33240 plan. Following this presentation, participants will be invited to ask questions and offer comments, and then be asked to break into smaller groups to discuss opportunities and constraints in the Plan Area. Base maps of the Plan Area would be provided at the group tables and posters of the analysis and precedents could be hung around the walls of the workshop space. Team members will facilitate discussions and provide information. At the end of the workshop, group representatives will report their results to the assembly. Immediately following the Workshop, the team will hold a debrief meeting with City staff and the TWG. Workshop No. 2 - Public Realm Framework Plan and Development Types: Building off the public input received during Workshop No. 1, this workshop will focus on establishing a framework for pedestrian-friendly streets and sidewalks, focusing on streetscape and building frontages. During this workshop, the R+A team will also begin to explore appropriate development types for different segments of the Highway 111 Corridor. Workshop No. 3 - Preferred Land Use Alternative: Building on the community input received in Workshop No. 2, a draft land use plan that assigns specific development types and intensity ranges to each sub-area of the Plan (or segment of the Corridor) will be presented and discussed (See Task 6 for more detail on the draft land use plan). Workshop No. 4 - Public Review Draft Highway 111 Corridor Plan: This workshop will focus on key components of the Public Review Draft Corridor Plan. 2.4 General Plan Workshops In addition to the community workshops focused on the Highway 111 Corridor Plan, R+A will conduct two community workshops on the General Plan once the Public Draft has been prepared and released: Workshop No. 5 - Public Review Draft General Plan Update: This workshop will present the Draft General Plan to the public. The primary intent of this workshop will be to brief the public on the highlights of the plan and receive informal feedback. This workshop be held in an Open House format to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Public Draft General Plan. Workshop No. 6 - Public Review Draft EIR: The second General Plan workshop will focus on the Draft Environmental Impact Report. The intent of this workshop will be to brief the public on the content and implications of the Draft EIR. An Open House format will be used to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Draft EIR. 16 Contract No. C33240 Task 2 Deliverables: • Technical Working Group meeting presentations, materials, and summaries for 14 meetings (note, number of in person meetings may be reduced with additional budget made available for other participation opportunities) • Up to 8 stakeholder meetings • Four Corridor Plan Workshops • Two General Plan Workshops • Public workshop agenda and approach memorandum, meeting materials, facilitation services, and workshop summaries Task 3: General Plan Back Ground Investigation During the early phases of the project, the R+A team will prepare an existing conditions report focusing on topics of critical importance to the City and the General Plan Update. The existing conditions will describe current trends and baseline data for these particular topics while exploring and analyzing key issues that impact the City and its community members. R+A will package the Background Investigation as a Technical Background Report, which will ultimately serve as the existing conditions section of the EIR. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. 3.1 Review and Assess Reports, Studies, and Regulations A critical starting point for this project will be to review and assess the recently prepared Strategic Plan, as well as other planning reports and documents, to understand the vision of the City and to identify any gaps in data collection and analysis. In addition, R+A will gather information on existing City planning, economic development, transportation, and sustainability policies to understand the current policy context. This will allow R+A to build off the considerable work that has been completed to date by the City and to ensure that both the existing conditions and the General Plan policies are consistent with the City's vision and values. 3.2 Prepare Background Report Outline The R+A team will prepare an outline of the Technical Background Report and work with City staff to refine the structure. 3.3 Admin Draft Background Report During the first phase of the project, the R+A team will develop a comprehensive Background Report to explore and document the existing conditions in Palm Desert. The report will analyze and present information about past and current conditions in the City, input collected during previous community outreach activities, and future trends in the City, County, region, and State. The report will provide a backdrop for the General Plan and serve as the existing setting section of the EIR. Each section will also include a subsection identifying the existing conditions of the Highway 111 Corridor Plan area 17 Contract No. C33240 as well, to simultaneously lay the groundwork for the Corridor Plan. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. While the exact content and structure of report will be discussed with staff, we expect it to include the following information: A. Demographics and socio-economics. This chapter will present basic information about the City including the size of the City, the population characteristics (e.g., age, gender, race/ethnicity, etc.), educational attainment levels, and income. The chapter will also focus on the location of socioeconomic disparities in Palm Desert and how the City compares to other nearby/comparable communities and Riverside County as a whole. B. Land use and urban design analysis. This chapter will present an analysis of the built environment of Palm Desert and will be comprised of: 1. Land use analysis including existing land uses, general plan designations, zoning, past and future growth trends, recent and proposed development projects, and an analysis of existing planning documents. 2. General Plan effectiveness, assessing the City's progress in achieving the goals in the 2004 General Plan and considering which components of the existing framework should be preserved. 3. Urban design analysis including views, vistas, scenic resources, gateways, major geographic features, major community features, natural land form features, and open space. R+A will address how these features enhance the area and how might they be improved to provide a stronger identity for the community. 4. A mapping of the neighborhoods, districts, and corridors in the City to identify and categorize a typology of places based on the land use, urban form, and character of each area. As part of the analysis, R+A will identify undeveloped or underutilized land in the City and the growth potential using existing zoning regulations. C. Transportation and circulation. Fehr & Peers will prepare a background report summarizing existing mobility conditions, which will include an inventory of transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary of their current operation. The report will include a functional classification of City streets; an inventory of existing signalized intersections; collision statistics in the City over past five years; pertinent traffic and travel information available from the City, SCAG, CVAG, the US Census, and other sources; existing transit services and facilities; existing bicycle facilities; and existing pedestrian facilities. Additionally, because mobile source greenhouse gas emissions (GHG) make up a large portion of the City's total GHG output, innovative mobility policies will be a vital component of the General Plan Update. To ensure that the project team and City staff are made aware of the latest developments in transportation planning, Fehr& Peers will conduct a review of best practices to guide the preparation of the Mobility Element. Some potential Transportation Best Practices could include: complete streets; multi- modal level of service (MMLOS); Layered Networks; and alternative vehicular networks. 18 Contract No. C33240 Fehr & Peers will collect existing transportation data for use in this study. Fehr & Peers will use existing traffic counts from other studies but new traffic counts will likely be required. The scope and budget assume that Fehr & Peers will conduct peak period traffic, pedestrian, and bicycle counts at up to 40 signalized intersections and 24-hour machine traffic counts on up to 40 roadway segments. E. Market conditions. MR+E will prepare a market conditions assessment for Palm Desert. The chapter will lay the foundation for a plan that promotes investment, is financially feasible, and can be implemented. This will include an estimate of real estate demand potential (housing and commercial uses), economic development opportunities, and other economic trends. This task will be comprised of three steps: 1. Preparing a market demand analysis of the potential for employment, housing, and commercial development. 2. Identifying opportunities and catalyst sites and formulating public-private financing and implementation plans. 3. Working closely with the community to identify the concerns and potential benefits of new development in the City. As part of this task, the R+A Team will interview representatives of regional economic development agencies, key employers, developers, property owners, brokers, and other stakeholders to understand the competitive advantages and disadvantages for economic development in the City. The information above will be included in the Market Conditions chapter of Background Report. F. Health. R+A will prepare a Health Chapter that discusses key issues and opportunities for the relationship between community health and the built environment. The chapter will present a brief summary of the literature on the relationship between health and planning, key indicators of health and equity, and opportunities for changes that may improve health conditions, social equity, and environmental justice in the community. The health-related topics that may be covered, pending the availability of information, are overall health and wellness, physical activity levels, exposure to substantial concentrations of air pollutants, exposure to toxics and hazardous materials, access to nutritious foods and a retail food environment analysis, access to health care and health facilities, access to parks and open spaces, mental health services, and transportation safety. This information will form the basis for a "Rapid" Health Impact Assessment (HIA) of the General Plan alternatives and can be used to support other studies such as the HIA on the oil well facility. G. Climate change. R+A will prepare a chapter that summarizes existing conditions and trends for climate change, adaptation and sustainability. The chapter will summarize the GHG emission inventory for the City and highlight sectors where policy changes could produce significant GHG reductions. In addition to climate and GHG emissions, the chapter will focus more broadly on measures of sustainability including 19 Contract No. C33240 water use and conservation, solid waste reduction, green building policies, procurement practices and other measures. H. Parks and public facilities. This section will examine the amount, location, and condition of parks, recreation facilities, civic buildings, and community centers. The section will also examine the status of police and fire facilities, public safety, and service calls. I. Natural environment, resources and conservation. PMC will conduct an assessment of natural environment conditions in and around Palm Desert including natural open spaces, and natural resources. This discussion will include biological resources, geologic resources, natural hazards, and mineral resources. As part of the assessment, the team will analyze the policies encouraging the preservation and enhancement of these resources. J. Noise. This chapter will present the existing noise environment of the City. It will include a review of the history of noise-related complaints received by City staff over recent years, a survey of the City to identify noise sources and sensitive land uses, and 15- to 30-minute noise measurements from up to ten locations within the City. Once measurements are taken, Rincon will analyze traffic noise levels; develop a table of noise contour distances for major arterials, prepare a noise contour map for major noise sources, and prepare a summary of the key noise issues for the City. K. Cultural Resources. Palm Desert is part of a region that has seen human occupation for thousands of years. According to the City's Archaeological & Cultural Resources Element, 138 archaeological sites have been identified and recorded in the Palm Desert planning area, 125 of which are prehistoric (Native American) sites. The City also has a number of historic structures dating from the late 1940s and early 1950s. These are concentrated around the urban core of the City, although structures of similar vintage are likely to be found in outlying communities, such as Thousand Palms and Cahuilla Hills. For historic structures, or historic-period archaeological remains dating before 1940, the most sensitive areas within the planning area are along the Colorado River Aqueduct, between the Indio Hills and the Southern Pacific Railroad, and around the original community of Palm Village north of Highway 111. The City currently reviews development proposals for their potential impacts to archaeologically and historically significant resources and may require additional studies if the potential for damage to resources is identified. Rincon will review the existing historical, archaeological, and paleontological conditions within the City. As part of this effort, Rincon will describe the existing historical, archaeological, and paleontological setting within the City by reviewing existing City resources, the current Archaeological & Cultural Resources Element, relevant literature, previous surveys and inventories of recorded historical, archaeological, and paleontological resources, historic maps of the area, and available historic photographs and aerials views. As part of this effort, Rincon will provide recommendations for the continued identification, designation and protection of the City's cultural resources. 20 Contract No. C33240 3.4 Traffic Model Update As part of Background Report effort, Fehr & Peers will detail the latest version of the Riverside County Model (RIVTAM) to provide additional detail within the City of Palm Desert. This model has been reviewed by CVAG Staff and is required for use in all projects in the Coachella Valley based on an MOU between CVAG Staff and Riverside County Staff. This additional detail would include more defined TAZ's and roadway networks. A Base Year (Validation) and Future Year (General Plan Buildout) model would be developed. Fehr & Peers will also coordinate with Riverside County Staff to facilitate their review and approval of the model, as required by CVAG Staff and Riverside County Staff. Prior to its use, Fehr & Peers will validate the detailed Base Year Model for RIVTAM to match available traffic count data. Fehr & Peers will apply standardized criteria for the validation process as developed by FHWA, Caltrans, and other agencies. An AM Peak Hour, PM Peak Hour, and Daily model will be developed for use in the General Plan roadway network and Environmental Impact Report analysis. Once the Base Year Model is validated, Fehr & Peers will prepare a draft report summarizing the findings of the validation for submittal to the City and Project Team. Once land use forecasts are available, Fehr & Peers will develop a Future Year Travel demand model which will be used for the General and Environmental Impact Report. 3.5 Final Background Report Following the delivery of a single, consolidated set of comments from City staff, the R+A team will prepare a final Background Report that can be released to the public. Task 3 Deliverables: • Background Report Outline • Admin Draft Background Report • Final Background Report • Detailed City of Palm Desert Traffic Model Update Task 4: General Plan Vision and Alternatives Following the review and approval of the Background Report, R+A will lead the City through an effort to confirm the long term vision, the goals for the City and to develop physical and policy alternatives that respond to the issues and trends identified during the previous task. This effort is expected to confirm the vision and direction for the majority of the City and a majority of topics and then focus on areas where further discussion is needed. For land use, this could mean focusing only on a few areas of the City while the majority of areas are "areas of preservation" where limited change is expected. 21 Contract No. C33240 4.1 Develop Vision and Alternatives The first step in the process is to develop the citywide vision and General Plan goals. During the process, the R+A team will conduct a thorough review of recent plans, such as the Strategic Plan. Significant work has been completed and it is imperative that this excellent work be the starting point for developing the vision, goals and plan alternatives as this process will identify locations and topics where there is clear policy direction, areas where no direction exists and areas where there is conflicting policy direction. The vision will be developed through working closely with the Technical Working Group and consideration of information received through the early Highway 111 Corridor Plan Workshops. The result of this task will be the following: • Compilation of work done to date to prepare a citywide vision and policy direction • Draft Vision statement • Citywide goals by topic • Identify key policy issues to be addressed • Identify policy alternatives to address potential key issues. These will focus on policies improve livability and walkability in the City, but will also include other topics such as economic development and public facilities and services • Land use alternatives for areas of the City where there is a potential for future change. The areas of potential change will likely include commercial corridors, the downtown, potential sites to meet RHNA housing needs, and other areas where future commercial uses may be possible • Transportation alternatives to address key policy issues such as increasing active transportation or multi-modal/"complete" streets 4.2 Conduct Alternatives Analysis The R+A team will prepare a "matrix-level" analysis of alternatives that compares the various land use and policy alternatives, with an emphasis on climate-oriented policies. Where possible, the R+A team will use quantitative measures. The topics expected to be covered in the matrix-level analysis are land use (land use by type, housing units, population), market (jobs by type), transportation, sustainability and environment, and public health. Specifically, the alternatives analysis will include the following: • Growth projections. R+A, with assistance from other team members, will prepare forecasts of land use, population and employment changes that are expected to occur in the City during the planning horizon of the General Plan. These estimates may be based solely on growth projections from SCAG or may be based on another methodology recommended by R+A. 22 Contract No. C33240 • Economic analysis. For each land use and for key policies scenario, MR+E will build a static fiscal impact model to measure the costs and revenues for the City's General Fund. This will include the following sub-tasks: o Development of assumptions for analysis. MR+E will collect current fiscal and demographic data for Palm Desert, including the City's budget for the most recent fiscal years and additional tax and revenue information, such as sales and property tax rates. o Analysis of ongoing revenues to the City. For each land use scenario, MR+E will estimate major revenues generated, including property tax, transfer tax, vehicle license fees, and sales tax. o Analysis of ongoing costs to the City. For each land use scenario, MR+E will calculate the additional General Fund costs to provide municipal services. To assess costs, MR+E will conduct interviews with the heads of key departments (including Fire, Police, Parks, and Public Works). • Transportation analysis. Fehr& Peers will conduct a qualitative analysis of up to three land use alternatives. Alternatives may reflect different allocations of the total growth forecasts, though they will all maintain the same overall amount of change. • Noise. Rincon will also support the alternatives analysis by analyzing the future noise environment in the City with and without the project alternatives and will prepare a noise contour map for the preferred alternative. • Climate change. R+A will analyze how the alternatives perform in terms of greenhouse gas emissions to help the City understand how to best comply with the intent of AB 32 and SB 375. • Health. Using the data and indicators identified in Task 3, R+A will prepare a "Rapid" Health Impact Assessment (HIA) of various policy and physical alternatives. The analysis will primarily be a qualitative analysis stating trend/direction, magnitude, and significance, but will not necessarily calculate a numeric projection. 4.3 Create Final Land Use and Transportation Plan Based on the results of the ongoing meetings with the Technical Working Group and the Corridor Plan workshops, the R+A team will finalize the land use direction and preferred planning alternative for the City. R+A will provide the City with a memo summarizing our understanding of the preferred alternative. Task 4 Deliverables: • Alternatives that include vision, citywide goals by topic, land use and transportation alternatives, policy alternatives 23 Contract No. C33240 • Qualitative alternatives analysis • Technical memo summarizing final land use and transportation plan Task 5: General Plan The R+A Team, working closely with City staff, will develop the policy direction for the General Plan Update. 5.1 General Plan Outline and Policy Framework The first step in the process will be for R+A to develop a draft General Plan outline. This will detail the key chapters in the documents and the expected order of information. After the outline is reviewed by City staff, R+A will develop a policy framework for each chapter of the General Plan. The policy framework will identify goals, policies, and implementation measures for each topic in the General Plan. As is discussed above, the policies will be derived both from existing policy documents (including the existing General Plan) and the alternatives development process discussed in Task 4. The policy framework will be reviewed by staff and the GPAC. Creating a policy framework document will allow the community to quickly and easily understand the policy direction of the City and provide feedback to the R+A Team prior to the drafting of the General Plan. Additionally, the outline and policy framework will serve to direct a conversation with City staff and the Technical Working Group about which General Plan elements should be preserved, which should be consolidated, and which should be eliminated. Finally, as part of this task, the team will work with City staff to create a standardized structure for the chapter content and language conventions for the goals and policies. This will include a mockup of the layout and design of the General Plan. 5.2 Administrative Draft General Plan R+A will prepare an Administrative Draft General Plan for review by City staff based on the outline and policy framework developed in Task 5.1. The structure and exact content of the General Plan will be decided as the project moves forward, however the R+A team will develop a cutting-edge, character-oriented General Plan. The General Plan will include all of the topics required by State Law plus additional topics as determined during the process. R+A and several team members are continually monitoring the progress, and occasionally weighing in through workshops and individual conversations, of updating the General Plan Guidelines by the Governor's Office of Planning and Research. During this task, R+A will formally check in with OPR on the status of the guidelines to ensure the General Plan is reflective of the most recent OPR guidance. More specifically, the General Plan will cover, at minimum, the following topics: • Land use, including existing and future uses and focused policies on different areas of the community. • Urban design and community character to preserve and enhance the unique quality of Palm Desert. 24 Contract No. C33240 • Mobility and circulation including, street standards, multimodal streets and active transportation. • Economic development including tourism, expanding commercial activity and fiscal sustainability. • Public facilities and services including the need for new facilities. • Historic preservation, including cultural and archeological resources. • Climate change and adaptation, including specific measures to reduce GHG emissions and adapt to a changing climate. • Sustainability including green buildings, water conservation, energy conservation, and other topics as decided through the public process. • Public Health policies to address active transportation, healthy lifestyles, access to healthy foods, air quality, social support, and other topics of concern. • Noise, to meet State requirements and address identified noise issues in the City. • Parks, recreation, and protection other open spaces. • A detailed implementation program that will provide the necessary steps for putting the General Plan into action. It is anticipated that this section will include specific actions, responsible parties, timeframes, and funding requirements. This implementation plan will also include near-term projects which can be implemented with existing funding programs to demonstrate progress towards achieving General Plan goals and policies. 5.3 Screencheck Draft General Plan After staff has reviewed the administrative draft General Plan and provided a single set of comments, R+A will prepare a screencheck draft General Plan that includes all figures, photos, maps and graphics. R+A will deliver the screencheck draft general plan as an Adobe PDF file for ease of review and to reduce printing costs. 5.4 Public Draft General Plan R+A will provide a copy of the administrative draft of the General Plan for staff — and any others selected by staff— to review. Staff will provide R+A with one complete set of all comments, which the R+A team will incorporate and address. Task 5 Deliverables: • General Plan outline • Draft and final policy framework • Administrative Draft General Plan (including seven hard copies and one electronic copy) • Screencheck Draft General Plan (including seven hard copies and one electronic copy) • Public Draft General Plan (including seven hard copies and one electronic copy) 25 Contract No. C33240 Task 6: Highway 111 Corridor Plan During this task, the R+A team, working closely with City staff, will develop a Corridor Plan for the revitalization of the Highway 111 corridor. For the purposes of establishing an initial scope, budget, and schedule, this scope assumes that the Corridor Plan will not be a standalone document but a set of tools comprised of: a vision plan for the corridor, detailed goals and policies pertaining to Highway 111 in the General Plan, Design Guidelines for the corridor, and an amendment, addition, or overlay to the Zoning Code that will provide updated development standards for new private development. For the purposes of this scope, "Corridor Plan" will refer to this set of tools. The R+A team will work closely with the City to ensure that the approach to the Corridor Plan will remain relevant to the City's desired outcomes. As such, the final form of the Corridor Plan may be somewhat varied by mutual agreement of the City and the R+A team to ensure the final product meets the City's needs. 6.1 Framework Plan Development and Development Alternatives Based on the community input received in Workshop No. 1, and on subsequent direction from City staff and the Steering Committee, R+A will prepare one to three framework plan alternatives for defining and differentiating the several Corridor segments and characterizing the community vision for each. This will include illustrations of a range of suggested streetscape characters, development types and pedestrian and bicycle connections into the adjacent neighborhoods. This will also include alternatives in terms of "degree of change," to identify segments in which little change is envisioned and segments targeted for more significant transformation over time. The vision plan alternatives will be illustrated with a combination of diagrams, illustrative plan vignettes, illustrative cross sections, 3-D models, precedent photographs, and photo-illustrations. 6.2 Preferred Framework and Vision Plan Based on the framework plan and input received in Workshop No. 2, the R+A Team will work closely with City staff and the Steering Committee to evaluate alternative development patterns and intensities, quickly moving to a draft land use plan that assigns specific development types and intensity ranges to each sub-area or Corridor segment of the Plan. Our urban designers, economists, environmental planners, and transportation planners will collaborate at each iteration to bring to the community a recommended alternative that balances transportation modes and parking demand, and generates vital pedestrian environments throughout and surrounding the Plan Area. The preferred alternative as selected and refined by the staff and the Committee will be documented and presented to the public in Workshop No. 3 for further input. It is important that the vision accurately reflects community goals and values, as this will provide the foundation for land use, urban design, mobility, economic development, and environmental policies and programs in the Corridor Plan. The development alternatives will be informed by the economic analysis completed in Task 3.3. MR+E will 26 Contract No. C33240 prepare a memo summarizing the preferred alternative and the market potential for development. 6.3 Administrative Draft Corridor Plan Based on an agreed upon framework, the R+A Team will prepare an Administrative Draft Highway 111 Corridor Plan for staff review and comment. The Corridor Plan will remain consistent with the City's General Plan and other City policies reviewed in Task 2 and effectively implement the goals, strategies, and standards developed as part in the community engagement during Task 3. A formal outline will be finalized with the City; however, the following is a summary of tasks to be completed in developing the Admin Draft Plan: Corridor Plan Goals and Framework The R+A Team will develop a set of Highway 111 Corridor Plan goals. The R+A Team will present these goals to City staff and the Steering Committee for review and comment. R+A believes it is essential for the City, community, and R+A Team to have a firm and clear understanding of project goals prior to developing Corridor Plan policies or programs. Additionally, receiving community support for long-term goals will help avoid any problems at later stages of the Plan development, as each progressive stage is an implementing tool for the agreed upon goals. These goals and policies will ultimately be embedded in the General Plan. Land Use The R+A Team will create a land use plan that is consistent with the goals and policies of the concurrent General Plan Update. The land use plan will show allowed land uses and density/intensity for each land use type. The City and R+A Team will jointly develop a land use plan and related policies to promote compatible development within the Plan Area, which is sensitive to surrounding residential, recreational (i.e., golf courses), and hospitality uses. Design Guidelines Based on the preferred framework plan and preferred alternatives for streetscape, open space, and development types, the Team will prepare draft design standards for each. The Design Guidelines will include: • A public realm illustrative/vision plan, including a network of streets, the frontage roads, alleys, paseos, plazas and courts. • A complete streets kit of parts, including recommended cross sections with parameters for frontage roads, cross streets, alleys/lanes, paseos, plazas, courts, etc. These would be formatted as guidelines, with a combination of 27 Contract No. C33240 illustrative plans and sections, 3-D models, and precedent photographs, along with short guideline narratives and bullet points for each type. • Private development guidelines including frontage type (frontage design) recommendations, building massing recommendations (varied by area to ensure appropriate transitions to adjacent houses or any historic buildings), and basic architectural design guidelines. Mobility and Parking R+A will address transportation and parking with input from City staff and applicable circulation element goals, policies and programs. Emphasis will be placed on livability principles, complete streets, place-making, and multi-modal connections. R+A will develop circulation objectives for the corridor plan, review existing circulation patterns and conditions in the area, and identify alternative strategies for parking and access. As part of this Task the R+A Team will work to identify opportunities for greenhouse gas emissions reductions and highlight the opportunities for co-benefits of reduced auto- dependency such as public health, air, and water quality improvements. The following circulation topics will be addressed in this task: • Pedestrian and bicycle facilities and safety • Street standards • Traffic calming • Street improvements • Parking strategies • Bikeways • Transit, including transit facilities Implementation and Development Standards The R+A Team will prepare an implementation program for inclusion in the General Plan to address implementation of major public improvements recommended in the Corridor Plan together with financing mechanisms and funding sources. This task will be grounded by an implementation analysis prepared by our economist. MR+E will prepare an economic development element that will focus on highly implementable specific projects that can be undertaken to facilitate economic development on Highway 111. The plan will provide a set of recommendations on actions that can be undertaken by the city and its partner agencies to develop public private partnerships for the provision of public improvements. This will consider the use of the available tools for the provision of improvements to the public realm and opportunities for public private partnerships. General strategies to be examined include: • Mello-Roos Community Facilities Act • Public Enterprise Revenue Bonds • Impact Fees and Exactions • Special Assessment Districts 28 Contract No. C33240 • Potential use of state and federal advantaged financing tools (NMTC, ARA programs, Cal (Bank etc.) • Others as determined by research Responsibilities by agency and jurisdiction will be identified as well as actions that would be required by the private sector will be inventoried. Opportunities for partnerships, joint ventures and developer initiated improvements will also be examined. The implementation section will be composed as a specific action plan with lists of responsibilities, costs and thresholds for development as opposed to providing generalized statements of goals and objectives. Additionally, the R+A team will prepare an addition to the City's Zoning Code in order to codify the new development standards. This addition might take the form of one or two new base zones, an overlay zone, or similar zoning tool and the ultimate form will be decided in conjunction with the City once the vision for Highway 111 has been defined. 6.4 Public Review Draft Corridor Plan The R+A Team will modify the Administrative Draft as directed by City staff and prepare and publish a Public Review Draft Corridor Plan for staff and general public review and comment. Task 6 Deliverables: • Corridor Plan approach recommendation and outline • Highway 111 Vision • Admin Draft Design Guidelines, Development Standards, and Implementation Actions (seven hard copies, plus one electronic copy) • Public Review Draft Design Guidelines, Development Standards, and Implementation Actions (Seven hard copies, plus one electronic copy) Task 7: Environmental Impact Report PMC, in association with Fehr & Peers, and Rincon, will prepare a legally adequate program-level Environmental Impact Report (EIR) in compliance with CEQA and the State CEQA Guidelines for the General Plan Update. The EIR will be comprehensive and address all environmental issues with a potential to result in significant environmental impacts. The text of the EIR will be supplemented with graphics and summary tables, as appropriate, to present information in a concise and easily understood format. 7.1 Establish Thresholds of Significance PMC, Fehr & Peers, and Rincon will work with City staff to establish thresholds of significance for each environmental topic to be addressed in the Program EIR. Some 29 Contract No. C33240 topics contained in the State CEQA Guidelines Appendix G checklist may not apply to Palm Desert. While the topical areas described in Appendix G will serve as a guide for development of the City's thresholds, the issues addressed may be further defined, modified, replaced, or dismissed. 7.2 Prepare Notice of Preparation PMC will prepare a Notice of Preparation (NOP) that includes a brief project description and a summary of the probable significant effects on the environment resulting from adoption and implementation of the Palm Desert General Plan Update. As the City is anticipating preparation of a comprehensive EIR addressing all required topics under CEQA, we will not prepare an Initial Study. The NOP will describe where relevant project documents are available for review, where written comments on the scope of the EIR may be sent, and the deadline for submitting comments. The NOP will also identify the date and location of a public scoping meeting to be held for the project. The NOP will be circulated for public comment for 30 days, as required under CEQA. As part of the NOP release, we will assist the City in preparing the necessary correspondence requesting Native American consultation required by SIB 18. 7.3 Conduct Scoping Meeting The R+A Team will facilitate a scoping meeting during the NOP comment period. To promote attendance by both agencies and the general public, we recommend staging the meetings as one roundtable presentation in the mid-afternoon (primarily for agency staff), followed by a study session or agenda item designed for the general public before the Planning Commission on the same evening. R+A will prepare comment cards and a PowerPoint presentation for the scoping meeting and will present an overview of the environmental review process for the project. 7.4 Prepare Administrative Draft Program EIR PMC, in association with other team members, will prepare an administrative Draft Program EIR evaluating the potentially significant impacts that would result from implementing the Palm Desert General Plan Update. The EIR will contain all of the information and topics outlined in Sections 15120 to 15132 of the State CEQA Guidelines, and will be comprised of the following sections. Executive Summary The Executive Summary will clearly summarize the main findings of the EIR. It will include a summary table that summarizes the impacts, the significance of each impact before mitigation, any recommended mitigation measures (if required), and the significance of each impact after mitigation. The Executive Summary will also summarize areas of controversy, alternatives, and any significant and unavoidable impacts. 30 Contract No. C33240 Introduction The introduction will describe the organization, type, and use of the EIR; the environmental review process; the focus of the EIR analysis; other documents used to prepare the EIR; lead and responsible agencies; and opportunities for public comment. Project Description The project description will be based on the contents of the Palm Desert General Plan Update and will include the regional and local setting, project history, project objectives, project characteristics and components, phasing and implementation, and other information important to understanding the proposed project. It will also describe how the Program EIR can be used to streamline environmental review for later activities consistent with the Palm Desert General Plan Update. Below is an outline of the anticipated review process: • Determine whether the later project is consistent with or further implements the Palm Desert General Plan Update This evaluation would include later projects consistent with SCAG's Sustainable Communities Strategy (CEQA Guidelines Sections 15168, 15183, and 15183.5, SB 375, and SB 226). • Evaluate whether the later project would have environmental effects that are unique or peculiar to the project or parcel or would result in impacts not previously considered in the Program EIR. The later project's anticipated environmental effects would be compared against conclusions of the Program EIR. This would be done using a customized checklist similar to CEQA Guidelines Appendix G, provided as an appendix to the EIR (CEQA Guidelines Sections 15152 and 15183). • Determine and document whether the later project is covered by the Program EIR or determine the extent of environmental review for the later project. This would either identify that the Program EIR addresses the later project and no further environmental review is required, or would focus the environmental analysis for the later project to issues not addressed by the Program EIR. Setting, Impacts and Mitigation Measures PMC will describe the existing setting, and will identify impacts that would result from implementation of the Palm Desert General Plan Update, the level of impact significance, mitigation measures to reduce the impact to a less than significant level, residual impacts, and any unavoidable significant impacts. Because we propose that the Palm Desert General Plan Update be self-mitigating to the extent possible, mitigation and monitoring measures should become part of the Plan's implementation program. The EIR will also describe the regulatory framework for each topic area, and identify portions of the Palm Desert Municipal Code that can mitigate potential impacts. 31 Contract No. C33240 A comprehensive EIR addressing all topic areas specified within CEQA is proposed and, unless specific topics are excluded through the Scoping process. The topics are: • Aesthetics • Agriculture • Air quality • Biological resources • Cultural resources • Geology/soils • Hazards and hazardous materials • Hydrology/water quality • Land use/planning • Mineral resources • Noise • Population/housing • Public services • Recreation • Transportation/traffic • Utilities/service systems Certain sections of the EIR will require a high level of effort and significant technical analysis. These sections are listed and described below. Air Quality Rincon will prepare a CEQA-level Air Quality technical study, which will be documented in the EIR. The study will include a description of the project undertaking, the air quality regulatory and environmental setting, description of the methodology, analysis of potential impacts, and mitigation measures to avoid, reduce, or mitigate potential impacts to air quality, if necessary. The following steps will be undertaken to complete the study pursuant to guidance provided by the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook and Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning (General Plan Guidance). The Air Quality technical study will include a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. Rincon will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations in the area provide a summary of available ambient monitoring data. Rincon will also define the thresholds of significance for CEQA consideration, based on SCAQMD and City criteria and guidelines. The General Plan does not include any specific development proposals. Therefore, the analysis of temporary construction impacts will be qualitative in nature. SCAQMD 32 Contract No. C33240 thresholds for key pollutants of concern - volatile organic compounds (VOCs), nitrogen oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), respirable particulate matter (PM10), and fine particulate matter (PM2.5) — will be discussed, as will SCAQMD rules and regulations pertaining to control of construction-related emissions. The general type and size of project that may generate emissions exceeding SCAQMD thresholds will be identified, as will areas where potential future construction activity could adversely affect sensitive receivers. Rincon will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project-generated vehicle trips and stationary source emissions related to energy demand (i.e., natural gas consumption). This emission inventory will be compiled using CaIEEMod and will be performed for the General Plan forecast year. Emissions will be compared to SCAQMD regional forecasts to determine whether the General Plan may have the potential to delay attainment of state or federal air quality standards. Rincon will also identify the potential for CO hot spots that may be caused or exacerbated by implementation of the General Plan as well as areas where sensitive land uses (such as residences) may be located within areas subject to exposure to elevated levels of diesel particulates or other toxic air contaminants. The analysis will consider motor vehicle volumes provided in the traffic study and the proximity of proposed sensitive land uses to high traffic levels. We have assumed that the CO hot spot evaluation will include screening level analysis of up to five local intersections. Cultural Resources Rincon will provide historic preservation, archaeological, and paleontological analysis for the Draft EIR, which will reflect the scope of issues arising from proposed General Plan update and offer strategic advice in relation to key historic preservation issues. Rincon will analyze the potential impacts of development facilitated by the General Plan against the CEQA significance thresholds for cultural resources and consider whether General Plan development may conflict with applicable goals, policies, or programs of the Archaeological & Cultural Resources Element. If deemed necessary, Rincon's cultural resources experts will provide mitigation recommendations to reduce potential impacts. Rincon will also provide recommendations for any specific research/assessments/studies regarding potential historic resources. Archaeological documentary research will include a review of relevant published scholarly literature, a search of archaeological and historic maps, records and reports for the City of Palm Desert area in the California Historical Resources Information System (CHRIS) on file at the Eastern Information Center, and a search of the California Native American Heritage Commission's (NAHC's) Sacred Land Inventory. Additionally, Rincon will consult with Historical Society of Palm Desert regarding any archaeological and Native American collections which the society may curate. Rincon will consult with appropriate Cahuilla and other Native American traditional cultural practitioners identified by the NAHC to identify places of cultural importance to 33 Contract No. C33240 tribes for which the City of Palm Desert is part of their traditional aboriginal territories. Consulted Native American representatives will be invited to identify any concerns regarding the General Plan update and cultural resources. Historical resources documentary research will include a review of relevant literature, including previous survey reports, inventories, assessments and reports available for the area through the CHRIS SCCIC as well as the City of Palm Desert and the Historical Society of Palm Desert. Records to be consulted may include but may not be limited to the recent citywide survey (2011) as well as the museum and archives maintained by the Historical Society of Palm Desert, relevant City documents (municipal codes, regulations, planning reports); historical materials (period newspaper articles, photographs, maps), and published local histories. Energy Use and Greenhouse Gas Emissions With regard to energy conservation, PMC staff will build off their previous work on the Energy Action Plan and work with the California Energy Commission (CEC) and service providers where possible to identify energy use data to characterize the existing and future energy use. Greenhouse Gas Emissions Energy demands associated with the proposed General Plan Update will be identified and analyzed against projected regional energy availability. The analysis will also determine whether the General Plan Update would cause energy to be consumed in an inefficient manner. PMC will prepare a greenhouse gas (GHG) emissions impact analysis section. We will draw heavily on GHG reduction measures and analysis completed as part of the General Plan Update. We will summarize federal, state, and local GHG-related regulations, policies, and programs, and identify Palm Desert General Plan Update policies and implementation programs that can reduce GHG emissions. In coordination with City staff, PMC will consult with the SCAQMD regarding appropriate methodologies to assess impacts. The analysis will use the most current plan-level thresholds of significance considered or identified by the SCAQMD. The determination of significance will be based on whether the level of GHG emissions generated with implementation of the Palm Desert General Plan Update would constitute a substantial contribution to the significant adverse cumulative impacts of global climate change. If the construction or operation of projects consistent with the Palm Desert General Plan Update would violate the applicable thresholds of significance, mitigation measures (quantitative and best management practices) that clearly identify timing, responsibility, and performance standards to avoid or fully reduce adverse and potentially adverse effects will be developed and applied, where necessary, using guidance from CAPCOA and SCAQMD. To the extent practical, PMC will recommend incorporating these measures as Palm Desert General Plan Update policies or implementation programs. 34 Contract No. C33240 Noise Rincon will prepare the Noise section of the EIR based on the technical noise study, which will: establish standards of significance, policies and guidelines; describe the existing setting; and analyze potential noise and vibration impacts related to construction activities, surface transportation, and other aspects of the operation of individual projects that are noise intensive or that have the potential to generate substantial noise. Potential noise increases along major roadways will be calculated and forecast noise levels will be compared to proposed standards to determine whether or not General Plan implementation would create potential noise compatibility issues. Other areas of potential noise incompatibilities (e.g., areas where residential and industrial uses abut, mixed use districts) will also be identified. As necessary, Rincon will develop mitigation measures to address any compatibility impacts, focusing on solutions related to design and use of sound-attenuating building materials. Transportation and Traffic PMC will prepare the Transportation and Traffic section of the EIR based on a technical report completed by Fehr & Peers. Fehr & Peers will summarize the previously developed existing conditions analysis for inclusion in the transportation impact study. Using the Citywide Travel Demand Model developed in Task 3, Fehr & Peers will estimate local and regional growth in transportation demand, based on future land use forecasts and known regional transportation network changes. Future land use estimates for the City of Palm Desert will be vetted with the project team and City staff prior to running the model to forecast future conditions. Future roadway traffic volumes and LOS will be estimated using the verified land use forecasts and General Plan transportation network. Transportation impacts associated with the General Plan will be evaluated in accordance with the standards identified in Phase 1. Mitigation measures will be identified to address impacts associated with the general plan. Fehr & Peers will also support the project team in its development and quantification of General Plan sustainability strategies through the following: • Assisting with the development of any GHG reduction targets. • Calculating the effectiveness of national and statewide strategies related to transportation. • Developing VMT and GHG reduction strategies related to transportation. Fehr + Peers will then prepare a draft report for review and submittal. Water Supply With regard to water supply, PMC will use existing documentation on water supply planning for the City to address future water supply demands and the anticipated ability to provide service (i.e., 2010 Urban Water Management Plan). This will include a discussion and analysis of the possible water supply sources and associated infrastructure, competing interests and needs for water supply, and the associated 35 Contract No. C33240 environmental effects of water supply provision (consistent with State Supreme Court CEQA decision under Vineyards Area Citizens for Responsible Growth v. City of Rancho Cordova). Cumulative Impact Summary An EIR must also discuss cumulative impacts of a project pursuant to CEQA Guidelines Section 15130. PMC will prepare a cumulative analysis summary that addresses each topic covered in the environmental analysis and will identify appropriate mitigation measures for any significant impacts. The analysis will assess the cumulative impacts of implementing the Palm Desert General Plan Update relative to SCAG regional forecasts. Alternatives An EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. PMC will coordinate with City staff during preparation of the Palm Desert General Plan Update to develop and analyze up to three (3) alternatives to the proposed project, in addition to the no project alternative. Other CEQA Requirements The EIR will include other required sections, including growth-inducing impacts of the project, significant irreversible environmental effects, and a summary of significant and unavoidable impacts of the project. The growth inducement analysis will discuss ways in which the Palm Desert General Plan Update could indirectly or directly foster economic or population growth. This could include construction of additional housing or projects which would remove obstacles to population growth. Environmental Review Checklist for Subsequent Projects While not required under CEQA, PMC will include an environmental review checklist that could be adopted as part of the Palm Desert General Plan Update which would expand the City's use of the State CEQA Guidelines Appendix G checklist for future projects consistent with the Palm Desert General Plan Update by using the thresholds and mitigation identified in the EIR. The purpose of this checklist will be to identify when subsequent projects are fully or partially addressed in the environmental analysis in the Program EIR and to what extent further environmental review would be required. This checklist will be designed with items specific to Palm Desert and would utilize and cross-reference analyses in the EIR. PMC will provide the administrative draft EIR to the City for review and comment. One round of administrative draft review is anticipated. 36 Contract No. C33240 7.5 Prepare public draft EIR PMC will incorporate one round of consolidated City comments on the Administrative Draft EIR and submit a Screencheck Draft EIR, followed by a Public Draft EIR and Notice of Availability to the City for distribution for a 45-day public comment period. PMC will file 15 copies of the Executive Summary and 15 CDs of the entire document (as preferred by the State Clearinghouse) and an NOC with the State Clearinghouse. The City will distribute the EIR to interested stakeholders and/or publish the Notice of Availability in a newspaper of general circulation. 7.6 Response to Comments and Final EIR PMC will review the comments received during the public review period on the Draft EIR. We will compile the responses to comments and make necessary changes to the Draft EIR to create the Administrative Final EIR. The Administrative Final EIR will include an introductory chapter, enumerated comment letters and public hearing comments on the Draft EIR, responses to all comments on the Draft EIR, and a listing of revisions to the Draft EIR. The Draft EIR will not be reprinted as part of the Final EIR. Any revisions to the text or analysis of the Draft EIR would be noted by Draft EIR page location within the Final EIR. PMC has provided a reasonable estimate of the level of effort required to prepare responses to comments based on our experience with similar projects. PMC will respond to comments related to the potential physical impacts of the proposed project as they relate to the analysis of the EIR within the estimated level of effort. Responses will involve explanation and clarification of the contents of the Draft EIR. New technical analysis will not be conducted as part of the response to comments. If the EIR proposes formal mitigation measures that are not otherwise addressed by Palm Desert General Plan Update policies or implementation programs, PMC will prepare a draft mitigation monitoring and reporting program (MMRP). The monitoring plan will incorporate features to monitor the success of mitigation, determine responsible parties for monitoring proposed mitigation, describe the role of the project proponent, identify guidelines and specifications for conducting monitoring and reporting results, and specify enforcement procedure for noncompliance. Upon receiving comments on the Administrative Final EIR and MMRP, PMC will revise the documents and prepare the Final EIR for distribution. The City will prepare the Findings and Statement of Overriding Considerations, if necessary. If requested by the City, PMC can prepare the Findings and Statement of Overriding Considerations on an additional time-and-materials basis. 37 Contract No. C33240 Task 7 Deliverables: • Screencheck Draft NOP (electronic) and Public Draft NOP (electronic), NOC, NOA, newspaper notice, and correspondence initiating SB 18 consultation. • One (1) scoping meeting, split into two (2) presentations, as described above, PowerPoint presentation, comment cards • Administrative Draft EIR (three hard copies, plus one electronic) • Screencheck Draft EIR (three hard copies, plus one electronic), Draft EIR (15 State Clearinghouse submittals + electronic), one public meeting, Notice of Availability (electronic), NOC for delivery to the State Clearinghouse (electronic) • Administrative Final EIR (3 copies + electronic), draft Mitigation Monitoring and Reporting Program MMRP)(electronic), Final EIR (10 copies + electronic) Task 8: Public Review and Adoption Following the completion of the draft documents, the team will move the documents through public review and adoption process. The specific tasks are discussed below. 8.1 Planning Commission Hearings R+A will prepare for and attend up to two Planning Commission hearings on the final General Plan, Corridor Plan, and EIR. 8.2 City Council Hearings R+A will prepare for and attend up to two certification and adoption hearings on the final General Plan, Corridor Plan, and EIR with the City Council 8.3 Preparation of Final Documents Following certification and adoption of the Palm Desert General Plan, Highway 111 Corridor Plan, and EIR, R+A will complete minor graphic and/or textual revisions to the General Plan within state law and the stated budget, at the discretion of the City. Task 8 Deliverables: • Attendance at up to 2 Planning Commission hearings • Attendance at up to 2 City Council hearings • Preparation of a single, brief (20 slide; 20 minute) presentation for use at both the City Council and Planning Commission Hearings • Preparation of the Final General Plan, Corridor Plan, and EIR (Note the level of changes are limited to the hours listed in the project budget) 38 Contract No. C33240 Task 9: On-Going Project Management R+A will serve as the Project Manager and Prime Consultant for this project. As such, R+A will work closely with City staff, manage all subconsultants, maintain the project schedule, and track project costs. R+A will communicate regularly with staff., including monthly three-hour team meetings at the City's offices, monthly (or more frequent if necessary) conference calls, and email and phone communication as needed throughout the project. In addition to regularly scheduled project management meetings, R+A will organize a series of team meetings where consultants can meet with City staff throughout the project. These meetings will be an opportunity for the team to brainstorm and work together on critical project issues. Note that the number of meetings and conference calls attended by each sub-consultant varies depending on their level of involvement in the project. Task 9 Deliverables • Monthly in-person meetings with City staff • Monthly conference calls with City staff • Ongoing email and phone communication with City staff • Topic-specific team meetings as needed, subject to budget 39 Contract No. C33240 EXHIBIT "B" SCHEDULE OF SERVICES Task Completion Date Task 1 Project Initiation 1.1 Project Initiation Meeting June 13, 2014 1.2 Collect Information and Develop GIS Database June 13, 2014 1.3 Kick-Off Team Meeting/Tour June 27, 2014 Task 2: Communfty Engagement 2.1 Technical Working Group July 31, 2015 2.2 Stakeholder Interviews June 27, 2014 2.3 Highway 111 Corridor Plan Workshops January 30, 2015 2.4 Draft General Plan Public Workshops July 31, 2015 Task 3: Background Report 3.1. Review and Assess Reports, Studies, and Regulations July 14, 2014 3.2 Prepare Background Report Outline July 15, 2014 3.3 Admin Draft Background Report July 31, 2015 City Review of Background Report August 21, 2014 3.4 Traffic Model Update August 14, 2014 3.5 Final Background Report September 19, 2014 Task 4: General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives October 17, 2014 City Review of Vision and Alternatives October 31, 2014 4.2 Conduct Alternatives Analysis November 21, 2014 City Review of Alternatives Analysis December 12, 2014 4.3 Create Final Land Use and Transportation Plan January 9, 2015 Task S: General Plan 5.1 General Plan Outline and Policy Framework January 16, 2015 City Review of General Plan Outline and Policy Framework January 30, 2015 5.2 Administrative Draft General Plan Aril 17, 2014 City Review of Administrative Draft General Plan May 8, 2015 5.3 Screencheck Draft General Plan May 29, 2015 City Review of Screencheck Draft General Plan June 15, 2015 40 Contract No. C33240 5.4 Public Draft General Plan July 24, 2015 Task 6: Highway 111 Corridor Plan 6.1 Framework Plan of Development and Alternatives November 7, 2014 City Review of Framework Plan and Alternatives November 14, 2014 6.2 Preferred Framework and Vision Plan January 9, 2015 City Review of Preferred Framework and Vision Plan January 23, 2015 6.3 Administrative Draft Corridor Plan March 13, 2015 City Review of Administrative Draft Corridor Plan Aril 3, 2015 6.4 Public Review Draft Corridor Plan July 3, 2015 Task 7: Environmental Impact Report 7.1 Establish Thresholds of Significance December 19, 2014 7.2 Prepare Notice of Preparation January 9, 2015 30-Day Public Review Period February 9, 2015 7.3 Conduct Scoping Meeting January 23, 2015 7.4 Prepare Administrative Draft Program EIR June 19, 2015 City Review of Administrative Draft Program EIR July 10, 2015 7.5 Prepare Public Draft EIR August 21, 2015 45-Day Public Review Period October 9, 2015 7.6 Response to Comments and Final EIR November 13, 2015 City Review of Response to Comments and Final EIR December 4, 2015 7.7 Completion of Responses to Comments and Final EIR December 30, 2015 Task 8: Public Review and Adoption 8.1 Planning Commission Hearings January 19, 2016 8.2 City Council Hearings February 25, 2016 8.3 Preparation of Final General Plan March 25, 2016 41 Contract No. C33240 EXHIBIT "C" COMPENSATION Compensation Summary Labor Cost Per Task Tasks Task 1: Project Initiation $ 19,790 Task 2: Community Engagement $ 61,480 Task 3: General Plan Background Report $ 161,530 Task 4: General Plan Vision and Alternatives $ 64,280 Task 5: General Plan $ 143,660 Task 6: Highway 111 Corridor Plan $ 95,740 Task 7: Environmental Impact Report $ 162,240 Task 8: Public Review and Adoption $ 29,360 Task 9: On-Going Project Management $ 24,120 General: Management of Subconsultants $20,220 Expenses (line item —to be billed as percentage complete, not as reimbursables) $ 17,283 41x _m` Grand Total $799,703 42 Contract No. C33240 EXHIBIT "Crr (CONTINUED) FIRM COST SUMMARIES Raiml+Associates Public Senior Health Planner/ Project Hours per T_asyk� S Principal Planner Specialist Designer Assistant 1.1 Project Initiation Meeting 2 8 1.2 Collect information&Develop GIS Database 16 20 1.3 Kick-Off Team Meeting/Tour 8 8 Subtotal Task 1 30 16 16 20 task2"e7Yr?iYrii(teit �l .U `> s'.' ,. 2.1 Technical Working Group 8 60 40 28 2.2 Stakeholder Interviews 12 8 2.3 Highway 111 Corridor Plan Workshops 8 24 - 24 2.4 Draft General Plan Public Workshops 24 24 20 Subtotal Task 1 16 120 96 48 task3i »ertyI ,9rRrutport. ;z: 3.1.Review and Assess Reports,Studies,and Reg 24 4 20 24 3.2 Prepare Background Report Outline - 8 2 3.3 Admin Draft Background Report 8 40 20 60 36 3.4Traffic Model Update 3.5 Final Background Report 2 4 16 16 Subtotal Task 3 10 76 24 96 78 4.1 Develop Vision and Alternatives 4 24 4 24 4.2 Conduct Alternatives Analysis 4 16 12 36 8 4.3 Create Final Land Use and Transportation Plar 4 40 40 8 _y_ Subtotal Task 4 12 80 16 100 16 5.1 General Plan Outline and Policy Framework 24 a 4 16 5.2 Administrative Draft General Plan 4 80 24 100 24 5.3 Screencheck Draft General Plan 4 40 40 68 36 5.4 Public Draft General Plan 2 16 48 48 18 Subtotal Task 5 10 160 116 232 78 6.1 Framework Plan Development and Alternatives 16 6.2 Preferred Framework and Vision Plan 24 16 6.3 Administrative Draft Corridor Plan 16 8 12 6.4 Public Review Draft Corridor Plan 4 4 Subtotal Task 6 60 28 12 7.1 Establish Thresholds of Significance 4 7.2 Prepare Notice of Preparation 2 7.3 Conduct Scoping Meeting 4 7.4 Prepare Administrative Draft Program EIR 16 7.5 Prepare Public Draft EIR 4 7.6 Response to Comments and Final EIR 8 Subtotal Task 7 38 8.1 Planning Commission Hearings 16 8.2 City Council Hearings 16 8.3 Preparation of Final General Plan 16 24 16 Subtotal Task S - 48 y - 24 16 0yy,�.yg,./y,yy� 9.1 On-Going Project Management 24 96 Subtotal Task 9 24 96 Total Hours 82 694 156 592 268 Billing Rate $185 $150 $125 $100 $65 Labor Cost $15,170 $104,100 $19,500 $59,200 $17,420 Total Firm Labor Cost $215,390 EXPENSES Mileage and Travel Expenses 3,000 Project/Sub Management(5%) 20,220 Document Printing 1,000 Office Expenses(Phone,Fax,Copies,etc.) 5,385 Total Ex eases 29,605 TOTAL PER FIRM $244,995 43 Contract No. C33240 EXHIBIT "C" (CONTINUED) FIRM COST SUMMARIES Sargent Town Planning Senior Designer/ Designer/ Hours per Task Principal Planner Illustrator 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick-Off Team Meeting/Tour 8 8 8 {{ w yy p(p Subtotal Task 1 8 8 8 2.1 Technical Working Group 8 8 2.2 Stakeholder Interviews 8 8 2.3 Highway 111 Corridor Plan Workshops 40 40 2.4 Draft General Plan Public Workshops Subtotal Task 1 56 56 3.1.Review and Assess Reports,Studies,and Reg,h 4 12 3.2 Prepare Background Report Outline 1 2 3.3 Admin Draft Background Report 12 20 40 3.4 Traffic Model Update 3.5 Final Background Report 2 4 8 Subtotal Task 3 19 38 48 4.1 Develop Vision and Alternatives 16 16 40 4.2 Conduct Alternatives Analysis 4 8 4.3 Create Final Land Use and Transportation Plan 2 4 16 Subtotal Task 4 22 20 64 5.1 General Plan Outline and Policy Framework 5.2 Administrative Draft General Plan 12 20 60 5.3 Screencheck Draft General Plan 5.4 Public Draft General Plan Subtotal Task S 12 20 60 6.1 Framework Plan Development and Alternatives 16 32 40 6.2 Preferred Framework and Vision Plan 32 48 80 6.3 Administrative Draft Corridor Plan 32 80 80 6.4 Public Review Draft Corridor Plan 16 40 24 Subtotal Task 6 96 200 224 7.1 Establish Thresholds of Significance 7.2 Prepare Notice of Preparation 4 7.3 Conduct Scoping Meeting 7.4 Prepare Administrative Draft Program EIR 4 8 7.5 Prepare Public Draft EIR 7.6 Response to Comments and Final EIR .,,..y Subtotal Task 7 4 12 - 8.1 Planning Commission Hearings 8 8 8.2 City Council Hearings 8 8 8.3 Preparation of Final General Plan Subtotal Task 8 16 16 zt s.' t �„r`s'„ „',,...vSs`� '�"^,S•t"�rd Zs;t r, 9.l On-Going Project Mana ement Subtotal Task 9 Total Hours 233 370 404 Billing Rate $180 $150 $120 Labor Cost $41,940 $55,500 $48,480 Total Firm Labor Cost $145,920 EXPENSES Mileage and Travel Expenses 750 Project/Sub Management(5%) _ Document Printing Office Expenses Phone,Fax,Copies,etc. 3,648 Total lExpenses 4,398 TOTAL PER FIRM $150,318 44 0 Contract No. C33240 EXHIBIT "C" (CONTINUED) FIRM COST SUMMARIES PMC Project Principal Senior Associate Assistant Tech Hours per Task Manager Planner Planner Planner Planner Edit/WP 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick-Off Team Meeting/Tour 8 Subtotal Task 1 8 7ask .KCo►�ml�n�i����r�rmgne � ��; , ,` �* , . 2.1 Technical Working Group 8 2.2 Stakeholder Interviews 23 Highway 111 Corridor Plan Workshops 2.4 Draft General Plan Public Workshops 8 Subtotal Task 2 16 Ta3k. yGGf�Rc ., !i aSkB►Q I+riltepot ,, ,,t „ . 3.1.Review and Assess Reports,Studies,and Regu1; 4 8 8 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 8 32 32 3.4 Traffic Model Update 3.5 Final Background Report 2 4 8 y� p Subtotal Task 3 14 - - 44 48 - 4.1 Develop Vision and Alternatives 4.2 Conduct Alternatives Analysis 8 8 4.3 Create Final Land Use and Transportation Plan Subtotal Task 4 8 8 5.1 General Plan Outline and Polity Framework 24 4 16 40 5.2 Administrative Draft General Plan 8 2 8 16 5.3 Screencheck Draft General Plan 4 2 8 5.4 Public Draft General Plan 8 8 yf Subtotal Task S 44 - 16 24 64 - 6.1 Framework Plan Development and Alternatives 6.2 Preferred Framework and Vision Plan 6.3 Administrative Draft Corridor Plan 6.4 Public Review Draft Corridor Plan Subtotal Task 6 7.1 Establish Thresholds of Significance 2 4 2 7.2 Prepare Notice of Preparation 4 4 6 2 7.3 Conduct Scoping Meeting 12 2 7.4 Prepare Administrative Draft Program EIR 80 40 120 150 36 7.5 Prepare Public Draft EIR 42 20 80 100 12 7.6 Response to Comments and Final EIR 48 20 40 20 8 Subtotal Task 7 188 84 244 276 62 ?luk�#�u��c�Mtiil.Atioptioti 8.1 Planning Commission Hearings 8 8.2 City Council Hearings 8 8.3 Preparation of Final General Plan Subtotal Task 8 16 9.1 On-Going Project Management 32 Subtotal Task 9 32 Total Hours 326 84 16 320 388 62 Billing Rate $165 $195 $130 $110 $90 $75 Labor Cost $53,790 $16,380 $2,080 $35,200 $34,920 $4,650 Total Rrm Labor Cost 5147,020 EXPENSES Mileage and Travel Expenses 1,000 Project/Sub Management(5%) - Document Printing 1,500 Office Expenses(Phone,Fax,Copies,etc.) 1,000 Total Expenses 3,S00 TOTAL PER FIRM $150,520 45 Contract No. C33240 EXHIBIT "C" (CONTINUED) FIRM COST SUMMARIES Fehr+Peers MR+E Senior Planner/ Graphics/ Hours per Task Principal Planner Engineer Admin. Principal 1.1 Project Initiation Meeting 4 4 1.2 Collect Information&Develop GIS Database 4 16 1.3 Kick-Off Team Meetingfrour 4 8 8 Subtotal Task 1 8 12 16 12 Task2r►it►Inpltyn#a8ettiefit' ',. , 2.1 Technical Working Group 2.2 Stakeholder Interviews 8 2.3 Highway 111 Corridor Plan Workshops 4 4 8 2.4 Draft General Plan Public Workshops 4 4 4 Subtotal Task 2 8 8 20 3.1.Review and Assess Reports,Studies,and Regulations 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 8 16 16 4 40 3.4 Traffic Model Update 48 160 280 80 3.5 Final Background Report 2 Subtotal Task 3 56 176 296 84 42 �ask�M'�g� �!f#i111�iicW��►nettni�tvbs ,� f, ' ,, 4.1 Develop Vision and Alternatives 4 4, 2 ,. 4.2 Conduct Alternatives Analysis 8 16 2 40 4.3 Create Final Land Use and Transportation Plan 16 16 4 Subtotal Task 4 28 36 8 40 5.1 General Plan Outline and Policy Framework 5.2 Administrative Draft General Plan 16 32 60 24 16 5.3 Screencheck Draft General Plan 8 16 24 8 5.4 Public Draft General Plan 8 16 24 16 Subtotal Task S 32 64 108 48 16 6.1 Framework Plan Development and Alternatives 4 6.2 Preferred Framework and Vision Plan 8 6.3 Administrative Draft Corridor Plan 12 20 6.4 Public Review Draft Corridor Plan Subtotal Task 6 24 20 00 7.1 Establish Thresholds of Significance 4 8 7.2 Prepare Notice of Preparation 7.3 Conduct Scoping Meeting 7.4 Prepare Administrative Draft Program EIR 24 64 120 24 7.5 Prepare Public Draft EIR 8 16 7.6 Response to Comments and Final EIR Subtotal Task 7 36 88 120 24 Taste 04!a"i *Oal� 8.1 Planning Commission Hearings 16 8.2 City Council Hearings 16 8.3 Preparation of Final General Plan 16 Subtotal Task 8 48 task 9� r►: iot$1�t0( iV3#Illi `i� ., „ %atY � 9.1 On-Going Project Management Subtotal Task 9 Total Hours 240 384 524 180 150 Billing Rate $225 $160 $135 $115 $180 Labor Cost r$54,000 i$61,440 $70,740 $20,700 $27,D00 Total Flrm Labor Cost $206,880 $27,000 EXPENSES Mileage and Travel Expenses - $0 Project/Sub Management(5%) Document Printing Office Expenses Phone,Fax,Copies,etc. Total Expenses TOTAL PER FIRM $206,880 $27,000 46 Contract No. C33240 EXHIBIT "C" (CONTINUED) FIRM COST SUMMARIES Rincon Consulting Sr. Hours per Task Principal Associate Associate Graphics 1.1 Project initiation Meeting 1.2 Collect Information&Develop GIS Database 1.3 Kick-Off Team Meeting/Tour Subtotal Task 1 Tast 2"I�d�tnii+itity'in�'agement ° `, . . 2.1 Technical Working Group 2.2 Stakeholder Interviews 2.3 Highway 111 Corridor Plan Workshops 2.4 Draft General Plan Public Workshops Subtotal Task 2 flask 3 Ga�lrzaf Plan,BArktgr��n�Repbr�. �,. 3.1.Review and Assess Reports,Studies,and Regulations 3.2 Prepare Background Report Outline 3.3 Admin Draft Background Report 4 12 32 4 3.4 Traffic Model Update 3.5 Final Background Report Subtotal Task 3 4 12 32 4 4.1 Develop Vision and Alternatives 4.2 Conduct Alternatives Analysis 4.3 Create Final Land Use and Transportation Plan Subtotal Task 4 �{ T 5.1 General Plan Outline and Policy Framework 5.2 Administrative Draft General Plan 4 10 20 2 5.3 Screencheck Draft General Plan 5.4 Public Draft General Plan Subtotal Task 5 4 10 20 2 t 6.1 Framework Plan Development and Alternatives 6.2 Preferred Framework and Vision Plan 6.3 Administrative Draft Corridor Plan 6.4 Public Review Draft Corridor Plan Subtotal Task 6 7.1 Establish Thresholds of Significance 7.2 Prepare Notice of Preparation 7.3 Conduct Scoping Meeting 7.4 Prepare Administrative Draft Program EIR 4 8 36 4 7.5 Prepare Public Draft EIR 2 2 6 7.6 Response to Comments and Final EIR 2 4 6 ,y. Subtotal Task 7 8 14 48 4 8.1 Planning Commission Hearings 8.2 City Council Hearings 8.3 Preparation of Final General Plan Subtotal Task 8 9.1 On-Going Project Mana ement Subtotal Task 9 Total Hours 16 36 100 10 Billing Rate $180 $135 $115 $75 Labor Cost $2,880 $4,860 $11,500 $750 Total Firm Labor Cost $19,990 EXPENSES Mileage and Travel Expenses - Project/Sub Management(5%) Document Printing Office Expenses Phone,Fax,Copies,etc. Total Evenses TOTAL PER FIRM $19,990 47 Contract No. C33240 EXHIBIT"C" (CONTINUED) HOURLY BILLING RATES o Principal $185 QSenior Planner $150 + Public Health Specialist $125 MPlanner/Designer $100 Project Assistant $65 Principal $180 Cn o Senior Designer/Planner $150 ~ d Designer/Illustrator $120 Project Manager $165 Principal Planner $195 U Senior Planner/Facilitator $130 Cl- Associate Planner $110 Assistant Planner $90 Web Developer/Graphics $95 Tech Edit/WP $75 y Principal $225 a� Senior Planner $160 a Planner/ Engineer $135 ui Graphics/ Admin. $115 w Principal $180 rn Principal $180 c G 0 � Sr.Associate $135 o Associate $115 U Graphics $75 48 Client#:16320 RAIMIASSO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DAT 7/151205/20D/YYYY) 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.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). CONTACT PRODUCER NAME: Dealey,Renton&Associates a8Nr o Ext:510 465-3090 AIc Ne: 510 452-2193 P.0.Box 12675 Attn:RBC E-MAIL ADDRESS'. Oakland,CA 94604-2675 INSURER(S)AFFORDING COVERAGE NAIC K 510 465-3090 INSURER A:Travelers Indemnity Co.of Conn 26682 INSURED INSURER B:American Automobile Ins.Co. 21849 Raimi A Associates,Inc. INSURERC:XL Specialty Insurance Co. 37885 2000 Hearst Avenue,#306 INSURERD: Berkeley,CA 94709 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR SUER POUCY NUMBER MMIDDIYEYYY MWDDNYYY LIMITS A GENERAL LIABILITY 6806487N982 D711412014 0711412015 EACH OCCURRENCE $1 00O 000 PR X COMMERCIAL GENERAL LIABILITY EMISES Ea occurrence $30O OOO CLAIMS-MADE F_V�OCCUR MED EXP(Any one person) $5 000 X Contractual PERSONAL&ADV INJURY $1,000,000 Liability Included GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOC COMBINED SINGLE LIMIT $ A AUTOMOBILE LIABILITY 6806487N982 7114/2014 07114/201 Ea ac Ident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-0NMEO PROPERTY DAMAGE $ HIREDA IT" AUTOS Per accident $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ _ —_— $ B WORKERS COMPENSATION WZP81020006 7/14/2014 07/14/201 X ff UuT OTH- — AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVEYIN E.L.EACH ACCIDENT $1000000 OFFICERIMEMBER EXCLUDED? F_N1 N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 11 yes,des:nbe under 000 DESCRIPTION OF OPERATIONS below __ E.L.DISEASE-POLICY LIMIT $1,000, C Professional DPR9717327 0711412014 07/1412015 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space is required) General Liability policy excludes claims arising out of the performance of professional services. RE:Professional Consultant Services Agreement-Contract No.C33240 GENERAL LIABILITY ADDITIONAL INSUREDS:City of Palm Desert,its elected or appointed officers,agents, officials,employees and volunteers (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Desert THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Ms.Lauri Aylaian ACCORDANCE WITH THE POLICY PROVISIONS. 73-610 Fred Waring Drive Palm Desert,CA 92260 AUTHORIZED REPRESENTATIVE 01988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010106) 1 of 2 The ACORD name and logo are registered marks of ACORD #S10448971M1044859 NXS DESCRIPTIONS (Continued from Page 1) Insurance is primary and non-contributory,per policy wording WORKERS'COMPENSATION WAIVER OF SUBROGATION IN FAVOR OF: City of Palm Desert,Its elected or appointed officers,agents,officials,employees and volunteers SAGITTA 25.3(2010/05) 2 of 2 OS1044897IM1044859 r" Raimi&Associates,Inc. 6806487N982 07/14/2014 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional Insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you;or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs;and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance,whether primary, excess,contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when,the "bodily CG D3 8109 07 ®2007 The Travelers Companies,Inc. Page 1 of 2 Indudes the coovdahted material of Insurance Services Office.Inc..with its oermission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect;and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 0 2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the coovriahted material of Insurance Services Office.Inc..with its permission r Insured: Raimi&Associates,Inc. Policy Number: WZP81020006 Effective Date: 07/14/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description City of Palm Desert,its elected or appointed officers,agents,officials,employees and City of Palm Desert volunteers Attn:Ms.Lauri Aylaian 73-510 Fred Waring Drive Palm Desert,CA 92260 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: The Travelers Indemnity Company of Connecticut-Company Profile-Best's Credit Rating Center Ratings&Criteria v))Home New Search: a.wN. »Advanced Sea[Qh Print this pacle (?) >)Credit Rating Releases ........ .......... ...................-.....- .... .................... .............. D Methodology D Best's Credit Ratings+ The Travelers Indemnity Company of Connecticut Financialr Strength Rating Issuer Credit Rating A.M.Best#:002517 NAIC#:26682 FEIN#:060336212 P Debt Rating )>Advanced Search Domiciliary Address Assigned to Rna"giGivill'11100'Ratirig8 P About Best's Credit Ratings+ One Tower Square *Get a Credit Rating+ Hartford.CT 06183 companies %BEST v Best's Special Reports joited States that have,in A+4, *Add Best's Credit Ratings Search our opinion,a superior ability to To Your Site Web:www.travelers.coin meet their ongoing insurance BestMark for Secure-Rated obligations. Insurers Phone:860-277-0111 o Contact an Analyst Fax:860-277-7002 »Awards and Recognitions News&Analysis . Based on A.M.Best's analysis,058470-Travelers Companies, Inc,is the AMB Ultimate Parent and identifies the topmost entity of Products&Services the corporate structure.View a list of Qperating insurance entities in this structure. Industry Information , Corporate . View all of the rQLlipanies assigned this rating as a part of an AMB_aatng_jLA. Regulatory Affairs Financial Strength Ratin _. f Bears C Analyst Support&Resources Rating: A++(Superior) Office:A.M.Best Company,Oldwick NJ Conferences and Events v Affiliation Code: g(Group) senior Financial Analyst:Michael W.Russo Financial Size Category: XV($2 Billion or greater) Assistant Vice President:Michael J.Lagomarsmo, Find a Best's Credit Ratit�g Outlook: Stable CFA ..................... Enter a Company Name I Action: Upgraded I Effective Date: May 23,2014 Disclosure Information Initial Rating Date: December 31,1907 Advanced SearQh View A.M.Best's Rating Disclosure Statement Long Term Issuer Credit Rating View Definition Best Rating Services Long-Term: aa+ contact lnf,,wMaV)n A.M Best Upgrades Ratings of The Travelers Outlook: Stable Companies Inc,and Most of Its Subsidiaries Action: Upgraded May 23,2014 View Rating Definitions I Effective Date: May 23.2014 �,,-Iect one.. Initial Rating Date: April 18,2005 ------------- ------- u Denotes L�ntje._r vity,, iSj Visit Best's News and Analysis site for the latest news and pless releases for this company and its A.M.Best Group. AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:6/5/2014(represents the latest significant change). Historical Reports are available in AMB_QLQjLB24aQ9_Ambjve_ Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet,income statement, key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2014 Best's Statement File-P/C,US Contains data compiled as of 7/1812014 Quality Cross Checked. • ajngLe_C=jaaft-five years of financial data specifically on this company. • Comparison side-by-side financial analysis of this company with a peer group of up to five other companies you select. Composite evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. Best'sey Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided 1# K 11 ) in the most current edition of Best's Key Rating Guide products (Quality Cross Checked). hftp://www3.ambest.conVratings/entities/SearchResults.aspx?URatingld=2354506&bl=O&A[tSrc=l&PPP—&AItNum—O&Ext—User--&Ext—Misc=[7/25/20 14 4:40:3 1 PM] American Automobile Insurance Company-Company Profile-Best's Credit Rating Center .. • Ratings&Criteria New Search: Advanaud Search PA Print-this oaoe (?) »Home »Credit Rating Releases _ _ _.._. .. »Methodology »Best's Credit Ratings+ American Automobile Insurance Company »Financial Strength Rating e Issuer Credit Rating A.M.Best#:002176 NAIC#:21849 FEIN#:221608586 u Debt Rating Administrative Office Via »Advanced Search �Ytlddo anal Address Information Assigned to fismiditimO R ftlE' »About Best's Credit Ratings+ 777 San Marin Drive %.BEST »Get a Credit Rating+ Novato,CA 94998 companies A bw »Best's Special Reports �as that have,in »Add Best's Credit Ratings Search ` our opinion,an excellent ability to To Your Site Web:www firernansfund.corn meet their ongoing insurance »BestMark for Secure-Rated obligations. Insurers Phone:415-899-2000 Contact an Analyst Fax:415-899-3600 »Awards and Recognitions — - -- ---•_ _ ____._ News&Analysis Based on A.M.Best's analysis,085449-AllEanz SE is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of operating insurance entities in this structure. Products&Services Industry Information .. Corporate View all of the QQnjpanje5 assigned this rating as a part of an AMU Bating Unit. Regulatory Affairs Financial Strength Rating View Definition Best's Credit Rating Analyst Support&Resources Rating: A(Excellent) Office:A.M.Best Company,Oldwick NJ Conferences and Events Affiliation Code: r(Reinsured) Senior Financial Analyst:Adrienne Tortoriello Financial Size Category: XV($2 Billion or greater) Assistant Vice President:Jennifer Marshall,CPCU, Find a Best's Credit Ratin ; Outlook: Stable ARM t Action: Affirmed Enter a Company Name Effective Date: July 18,2014 Inform ation ■ Initial Rating Date: June 30,1915 Disclosure »Advancer arch Lon Term Issuer Credit Rating y_txyr pefi'€nttion ' View A.M.Best's Rating Disclosure Statement A.M.Rest Rating Services Long-Term: a A M Best Affirms Ratings of Fireman's Fund Outlook: Stable 'y Insurance Corncanv and Its Affiliates Action: Affirmed July 18,2014 View Rating Definitions Effective Date: July 18,2014 S�IwI one Initial Rating Date: July 22,2005 i. ..�........ . ........ ......._... _,......., t u Denotes UjmJI Pe view Best'sk.t-ing, Visit Best's News and Analysis site for the latest news and„dress releases for this company and its A.M.Best Group. ' AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:7/18/2014(represents the latest significant change). Historical Reports are available in AMELQrQS1iS.E2pDli Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports / feature balance sheet,income statement, key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2014 Best's Statement File-P/C,US Contains data compiled as of 7/18/2014 Quality Cross Checked. • �tri gle__9gxrtny-five years of financial data specifically on this company. • Comparison side-by-side financial analysis of this company with a peer group of up to five other companies you select. . CS�rn,J2S?�it4''. evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingld=2354506&bl=O&A]tSrc=1&PPP=&AItNum=O&Ext_User-&Ext_Misc=[7/25/2014 4:40:55 PM) XL Specialty Insurance Company-Company Profile-Best's Credit Rating Center + L Ratings&Criteria New Search: :;'',,.i »Adv..anced Search Print this Daae (?) »Home.:.. »Credit Rating.Releases ............. ....................._....._..._. . .......... _ ........ .. .......... »Methodology ; »Best$Credit ratings+ XL Specialty Insurance Company »Financial Strength Rating »IssuerCredlt Rating, A.M.Best#:000779 NAIC#:37886 FEIN#:850277191 »Debt Rating Administrative Office View Additional Addresa Information »Advanced Search Assigned to iierxirllli�t,Dlh »About Best's Credit Ratings+ Seaview House 70 Seaview Avenue `t »Get a Credit Rating %BEST Rating+ Stamford.CT 06902-6040 that have,in A »Best's Special Reports hm U kd� ila= »Add Best's Credit Ratings Search.. our opinion,an excellent ability to To Your Site meet their ongoing insurance »BestMark for Secure-Rated web:www xlgroup corn Phone:203-964-5200 obligations. Insurers - »Contact an Analyst Fax:203-964-0763 »Awards and Recognitions — ——-- News&Analysis . Based on A.M.Best's analysis,052919-XL Group plc is the AMB Ultimate Parent and identifies the topmost entity of the Products&Services corporate structure.View a list of o ep rating insurance entities in this structure. Industry Information v - Corporate , View all of the rQQLopanies.assigned this rating as a part of an AO EIjj tlttg...lk2. Regulatory Affairs 9 rY a Financial Strength Ratin VI w Definition est s Credit Rating Analyst _ 9 Support&Resources Rating: A(Excellent ) Office:A.M.Best Company,Oldwick NJ 1 Conferences and Events Affiliation Code: (Group) I 9( P) � E Managing Senior Financial Analyst:Greg Reisner ; Financial Size Category: XV($2 Billion or greater) = Vice President:Robert B. DeRose 4 Find a Bests Credit Rating Outlook: Stable _.._.... _... ............ __ _......._.... __._t Enter a Company Name ' Action: Affirmed Disclosure Information Effective Date: October 29,2013 Initial Rating Date: June 30, 1989 View A.M.Best's Ratin n Advanced+eareh ', ( g Disclosure Statement ft Lon Term Issuer Credit Rating Yiew Definition 1�1 M $ESA Rating _.. g Services a 6LS.tkie QutICt41s i_.a;uc1_t t J'iY33:�ri� to Positive for XL Group IIJCand Its A Outlook: Positive kt Property/Casualty Subsidiaries ... Action: Affirmed r October 29,2013 View Rating t}efi!tittons Effective Date: October 29,2013 Initial Rating Date: April 11,2005 u Denotes Under Revievy F r,tz Rating Visit Best's News and Analysis site for the latest news and press releiva for this company and its A.M.Best Group. AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical y commentary,detailed business overview and key financial data. Report Revision Date:2/24/2014(represents the latest significant change). {=- Historical Reports are available in [}-Q 1 Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2014 Best's Statement File-P/C,US Contains data compiled as of 7/18/2014 Quality Cross Checked. • BbW-q Q.it!' pa-ny-five years of financial data specifically on this company. • Comparison side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Comt)osI a evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. Best's Key R7 ing_Cuide Presentation Report-includes Best's Financial Strength Rating and financial data as provided • in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingld=2354506&bl=O&AItSrc=1&PPP=&AltNum=O&Ext_User-&Ext_Misc=[7/25/2014 4:41:17 PM] S � ! PAGE: 1 o p Q o o PURCHASE ORDER P.O. NO: 019101 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 DATE: 06/20/14 TELEPHONE (760) 346-0611 FAX (760) 341-4564 y r TO: RAIMI & ASSOCIATES INC SHIP TO: City of Palm Desert 2000 HEARST AVENUE ATTN: PLANNING STE 306 73-510 FRED WARING DRIVE BERKELEY, CA 94709 PALM DESERT, CA 92260 VENDOR NO. 13413 DELIVER BY SHIP VIA F.O.B. TERMS 04/30/16 NET CONFIRM BY CONFIRM TO REQUISITIONED BY SEE RE UISITIONER JRB L.AYLAIAN MO FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REQ. DATE 40044704123919 21546ITEM 06 19 14 . • • AND DESCRIPTION UNIT COST EXTEN 1 799703 . 00 DL PROF-CONSULTING SRV 1 . 0000 799703 . 00 CONSULTANT TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN AND PREPARE THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT, SUBJECT TO FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY. CITY COUNCOL APPROVED: 4/24/2014 CONTRACT NO: C33240 SUB-TOTAL 799703 . 00 TOTAL 799703 . 00 REMARKS: **NOTE** Payments will not be processed by the requestin de artment until a sign d contract s received bqyh te City Clerk. ***** 1013 *4 /59 INVOICE PAID AMOUNT PAID AUTHORIZED BY 4PURCH40NG16FFICER APPROVED FOR PAYMENT ' 4 56 105IVgA/-St SEE REVERSE SIDE - INSTRUCTIONS ' raimi+ *,,C of Palm Desert � associates INVOICE Community Development Palm Desert General Plan Update SEP 30 2014 llnvolco tors Invole•# batEe Lauri Avlaian 14-836 07/31/14 $66,894.38 City of Palm Desert Contract#C33240 June and July 2014 Contract#C33240 laylaian@cityofpalmdesert.org 73-510 Fred Waring Drive Palm Desert,CA 92660 Terms: Due on receipt Summary of Charges Amount 1.1 Project Initiation Meeting 1.2 Collect Information&Develop GIS Database I/ J 'f `�4G fC' �I� $2,892.50 1.3 Kick-Off Team Meeting/Tour $2,685.00 2.1 Technical Working Group $1,040.00 2.2 Stakeholder Interviews �l '� $2,170.00 3.2 Prepare Background Report Outline C hot= $796.25 3.3 Admin Draft Background Report �j�(Q�J ZC�f ��,�Z $8,300.00 3.5 Final Background Report $600.00 PMC• • • • • $33,538.75 V/ Palm D Jul/Jul 40940 MR+E $9,360.00 Palm D Jul/Jul PDGP1 R Z l �`j> b� 5%Sub Management ���C �T ��J ` � q $2,144.93✓ 4%Expenses of IVA 35 �C�(1tz�f �( wprk CGvr)��ICIMoray (C�i�1 ��vV��'� �y��trL�Lt $801.95 AMOUNT DUE(THIS INVOICE) $66,894.38 7 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting raimit associates INVOICE .....,,, Palm Desert General Plan Update Detail: Summary of Time Charges Rate "ours Amount 1.1 Project Initiation Meeting Brynn McKieman 9/1 $65.00 1 $65.00 Matt Burris $150.00 10 $1,500.00 $1,665.00 1.2 Collect Information&Develop GIS Database Brynn McKieman 9/1 $65.00 44.5 $2,892.50 $2,892.50 1.3 Kick-Off Team MeetinglTour Brynn McKieman 9/1 $65.00 39 $2,535.00 Matt Burris $150.00 1 $150.00 $2,885.00 2.1 Technical Working Group Brynn McKieman 9/1 $65.00 16 $1,040.00 $1,040.00 2.2 Stakeholder Interviews Brynn McKieman 9/1 $65.00 8 $520.00 Matt Bums $150.00 11 $1,650.00 $2,170.00 3.2 Prepare Background Report Outline Brynn McKieman 9/1 $65.00 12.25 $796.25 3.3 Admin Draft Background Report Leeanne Singleton $100.00 65 $6,500.00 Matt Burris $150.00 12 $1,800.00 $8,300.00 3.5 Final Background Report Matt Burris $150.00 4 $600.00 Total Time Charges: $20,048.75 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting INVOICE R R ,,� a I m ) s� associates the nature of commumity Lauri Avlaian Date 09/16/14 City of Palm Desert Invoice Number: 14-836 Contract#C33240 Amount Due: $66,894.38 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings(%of Estimate) Billings(i) Description Total Previous This Inv. Total Previous This Invoice Professional Fees 1.1 Project Initiation Meeting $1,570.00 99.68% - 99.68% $1,565.00 - $1,565.00 1.2 Collect Information&Develop GIS $2,900.00 99.74% -- 99.74% $2,892.50 - $2,892.50 Database 1.3 Kick-Off Team Meeting/Tour $2,680.00 100.19% -- 100.19% $2,685.00 - $2,685.00 2.1 Technical Working Group $16,300.00 6.38% -- 6.38% $1,040.00 -- $1,040.00 2.2 Stakeholder Interviews $2,600.00 83.46% - 83.46% $2,170.00 - $2,170.00 2.3 Highway 111 Corridor Plan Workshops $7,480.00 -- -- -- - -- -- 2.4 Draft General Plan Public Workshops $7,300.00 - - - - -- -- 3.1.Review and Assess Reports,Studies, $7,660.00 -- -- - -and Regulations 3.2 Prepare Background Report Outline $1,330.00 59.87% -- 59.87% $796.25 $796.25 3.3 Admin Draft Background Report $18,320.00 45.31% - 45.31% $8,300.00 - $8,300.00 3.5 Final Background Report $3,610.00 16.62% -- 16.62% $600.00 -- $600.00 4.1 Develop Vision and Alternatives $7,240.00 -- -- - -- -- 4.2 Conduct Alternatives Analysis $8,760.00 - -- - - -- 4.3 Create Final Land Use and $11,260.00 - -- -- -- - Transportation Plan 5.1 General Plan Outline and Policy $5,700.00 - - -- -- -- -- Framework 5.2 Administrative Draft General Plan $27,300.00 - - - 5.3 Screencheck Draft General Plan $20,880.00 -- - - - 5.4 Public Draft General Plan $14,740.00 -- - -- -- -- - 6.1 Framework Plan Development and $2,400.00 -- -- -- -- - -- Alternatives 6.2 Preferred Framework and Vision Plan $5,200.00 -- -- - -- -- -- 6.3 Administrative Draft Corridor Plan $3,980.00 -- - - -- -- -- 6.4 Public Review Draft Corridor Plan $1,000.00 -- - - -- -- - 7.1 Establish Thresholds of Significance $600.00 - - - -- 7.2 Prepare Notice of Preparation $300.00 -- - - -- - -- 7.3 Conduct Scoping Meeting $600.00 -- 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712.Accounting Iwo INVOICE + � raimi + associates the naldtro of i6flFammllll1y Lauri Avlaian Date 09/16/14 City of Palm Desert Invoice Number: 14-836 Contract#C33240 Amount Due: $65,894.38 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive p Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings(%of natimats) Billings(_) Description Total Previous This Inv. Total Previous This Invoice Professional Fees 7.4 Prepare Administrative Draft Program $2,400.00 EIR 7.5 Prepare Public Draft EIR $600.00 7.6 Response to Comments and Final EIR $1,200.00 8.1 Planning Commission Hearings $2,400.00 8.2 City Council Hearings $2,400.00 8.3 Preparation of Final General Plan $5,840.00 9.1 On-Going Project Management $18,840.00 4%Office/Doc/Travel Expense -- -- -- - $801.95 -- $801.95 5%Sub Management -- -- -- - $2,144.93 -- $2,144.93 Subtotal:Professional Fees $215,390.00 10.68% -- 10.68% $22,995.63 -- $22,995.63 Reimbursable Expenses Sargent Town Planning- • $145,920.00 Sargent Town Planning exp. • • $4,398.00 PMC• • • • • $147,020.00 22.81% -- 22.81% $33,538.75 -- $33,538.75 PMC• exp• • $3,500.00 -- - _ Fehr+Peers- • $206,880.00 MR+E $27,000.00 34.67% -- 34.67% $9,360.00 - $9,360.00 Rincon Consulting $19,990.00 Subtotal:Reimbursable Expenses $554,708.00 �7.73% -- 7.73"%~ M $42,898.75 __ $42,898.75 OverotlTotals: V$770,098.00^w�8.66%� 8.56% �$65,894.38 r� �MVtlM $65,894.38 AMOUNT DUE(THIS INVOICE) $65,894.38 Contract#C33240 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting *ftol MR+E Memo From: David Bergman, MR+E To: Matt Burris,Sharyce Munson, Raimi+Associates RE: Invoice: PD GP 1 R Date 7/27/14 Attached please find an invoice for Metropolitan Research and Economics' (MR+E)deliverables and activities for the Palm Desert General Plan Update. The invoice covers the following activities: • 1.1. Project Initiation Meeting • 1.3. Kick-Off Team Meeting/Tour • 3.3.Admin Draft Background Report—Delivery of sections 13 and Appendix B Please let me know if you have any questions or need additional information MR+E 1831 Stanford 117 Santa Monica CA 90404 www,mrpluse.com MR+E INVOICE 1831 Stanford #117 Santa Monica CA 90404 INVOICE # PD_GP_1R Phone 310 9919585 DATE: JULY 27, 2014 To: FOR: PALM DESERT GENERAL PLAN UPDATE MATT BURRIS RAIMI + ASSOCIATES 3600 Lime Street, Suite 226 Riverside, CA 92507 Phone 951.530.3577 DESCRIPTION HOURS RATE AMOUNT Professional Services: 1.1.Project Initiation Meeting 2 $180 $720 1.3.Kick-Off Team Meeting/Tour(Team Meeting#1) 8 $180 $1,440 3.3.Admin Draft Background Report 40 $180 $7,200 TOTAL $9.360 Please make all checks payable to Metropolitan Research and Economics Thank you for your business! Previousl MR+E Contract by Task 7/28/14-- Billed y Current Remaining Hours per Task MR+E Budget to Date Billed Invoice Budget Task j:Project Initlationp_ 1.1.Project Initiation Meeting 4 $720 $0 $0 $720 $0 1.3.Kick-Off Team Meeting/Tour(Team Meeting#1) 8 $1,440 $0 $0 $1,440 $0 Subtotal Task 1 12 Task 2t Community EngagemmK 2.2 Stakeholder Interviews 8 $1,440 $0 $0 $0 $1,440 2.3 Highway 11 Corridor Plan Workshops 8 $1,440 $0 $0 $0 $1,440 2.4 Draft General Plan Public Workshops 4 $720 $0 $0 $0 $720 Subtotal Task 2 20 Task 3=General Plan Background Report q 3.3.Admin Draft Background Report 40 $7,200 $0 $0 $7,200 $0 3.4 Final Background Report 2 $360 $0 $0 $0 $360 Subtotal Task 3 42 Task 4t General Plan Vision and Altematives. 4.2.Conduct Alternatives Analysis 40 $7,200 $0 $0 $0 $7,200 Subtotal Task 4 40 Task 5-General Plan 5.4.Public Draft General Plan 16 $2,880 $0 $0 $0 $2,880 Subtotal Task 5 16 Task Sr Highway 111 Corridor Plan Implementation Section 20 $3,600 $0 $0 $0 $3,600 Subtotal Task 6 20 Total Hours 150 Billing Rate $180 Labor Cost $27,000 Total Firm Labor Cost $27,000 GRAND TOTALI $27,000 $27,000 $0 $0 $9,360 $17,640 MR � E (METROPOLITAN R E S E A R C H E C O N O M I C S PROJECT BASED TIME LOG PROJECT: Palm Desert General Plan Update Date Staff Hours Rate Notes 25-Jun David Bergman 2 180 Task 1 26-Jun David Bergman 8 180 Task 1 2-Jul David Bergman 4 180 Task 3 3-Jul David Bergman 4 180 Task 3 9-Jul David Bergman 8 180 Task 3 16-Jul David Bergman 8 180 Task 3 17-Jul David Bergman 8 180 Task 3 22-Jul David Bergman 8 180 Task3 Subtotal Task 1 10 Subtotal Task 3 40 Monthly Progress Report Consultant: PMC Project: Palm Desert General Plan Update Work Period: June 28 to July 25, 2014 Summary of Work Accomplished Task Task Name Work •d 1.3 Kickoff Meeting and Tour Attended Kick off meeting 2.1 Technical Working Group No work performed this period 2.4 Draft General Plan Public Workshops No work performed this period 21, 3.1 Review and Assess Reports, Studies Reports reviewed for preparation of the technical background report 3.3 Admin Draft Background Report Admin draft background report sections were prepared and submitted to the Client 3.5 Final Background Report No work performed this period I; 21i 4.2 Conduct Alternatives Analysis No work performed this period 5.1 General Plan Outline and Policy Framework No work performed this period 5 2 Admin Draft General Plan No work performed this period 5.3 Screencheck Draft General Plan No work performed this period 5.4 Public Draft General Plan No work performed this period 7.1 Establish CEQA Thresholds of Significance No work performed this period 7.2 Prepare Notice of Preparation No work performed this period 7.3 Conduct Scoping Meeting No work performed this period 7.4 Prepare Admin Draft Program EIR Prepared existing conditions sections within the technical background report document. 7.5 Prepare Public Draft EIR No work performed this period 7.6 Response to Comments/Final EIR No work performed this period � �®� s • d� �' � Yie+ ��� :,�air a�w � I a �r,7ttr��t �-sy r�F.. ,��;e gyp' AY �1� �P� ta� , 8.1 Planning Commission Hearings No work performed this period 8.2 City Council Hearings No work performed this period s -'w *VI'Y t .,p 2"'4 1 Monthly Progress Report July 2014 j 9.1 On-Going Project Management Time spent managing the project team. 2 Monthly Progress Report July 2014 . err •rri N)N/l C 2729 Prospect Park Drive,Suite 220 Rancho Cordova,CA 9567D (916)361-9384 phone (916)362-1574 Fax INVOICE COVERSHEET Invoice: 40940 Date: August 12,2014 PROJECT: 14-0127 PALM DESERT GENERAL PLAN UPDATE Task % Previous Actual To Balance Task Description Amount Complete Billing Date Remaining Current Fee BG#001 Project Initiation 1.3-Kick_Off Team Meeting/Tour 1,320.00 100.00% 1,320.00 1,320.00 Sub Total 1,320.00 100,00% 1,320.00 1,320.00 BG#002 Community Engagement 2.1-Technical Working Group 1,320.00 0.00% - 1,320.00 2.4-Draft General Plan Public Workshops 1,320.00 0.00% 1,320.00 Sub Total 2,640.00 0.00% 2,640.00 BG#003 General Plan Background Report 3.1-Review and Assess Reports,Studies,and Regulations 2,260.00 100.00% 2,260.00 - 2,260.00 3.3-Admin Draft Background Report 7,720.00 100.00% 7,720.00 7,720.00 3.5-Final Background Report 1,490.00 0.00% 1,490.00 Sub Total 11470.00 87.01% 9,980.00 1,490.00 9,980.00 BG#004 General Plan Vision and Alternatives 4.2-Conduct Alternatives Analysis 2,200.00 0.00% - 2,200.00 Sub Total 2100.00 0.00% 2,200.00 BG#005 General Plan 5.1-General Plan Outline and Policy Framework 9,840.00 0.00% 9,840.00 5.2-Administrative Draft General Plan 3,900.00 0.00% 3,900.00 5.3-Screencheck Draft General Plan 1,640.00 0.00% 1,640.00 5.4-Public Draft General Plan 2,360.00 0.00% 2,360.00 Sub Total 17 740.00 0.00% 17 740.00 BG#007 Environmental Impact Report 7.1-Establish Thresholds of Significance 920.00 0.00% 920.00 7.2-Prepare Notice of Preparation 2,130.00 0.00% 2,130.00 7.3-Conduct Scoping Meeting 2,130.00 0.00% - 2,130.00 7.4-Prepare Administrative Draft Program EIR 50,400.00 42.16% 21,248.75 29,151.25 21,248.75 7.5-Prepare Public Draft EIR 29,530.00 0.00% 29,530.00 7.6-Response to Comments and Final EIR 18,620.00 0.00% 18,620.00 Sub Total 103 730.00 20.48% 21 248.75 82 481.25 21 248.75 BG#008 Public Review and Adoption _ 8.1-Planning Commission Hearings 1,320.00 0.00% 1,320.00 8.2-City Council Hearings 1,320.00 0.00% 1,320.00 Sub Total 2,640.00 0.00% 2,640.00 BG#009 On-Going Project Management _ 9.1-On-Going Project Management 5,280.00 18.75% 990.00 4,290.00 990.00 Sub Total 5,280.00 18.75% 990.00 4,290.00 990.00 BG#010 Expenses Expenses 3,500.00 0.00% - 3,500.00 - Sub Total 3,500.00 0.00% 3,500.00 Totals: 150,520.00 22.28% 33,538.75 116,981.25 33,538.75 TOTAL THIS INVOICE: 33,538.75 PMC® INVOICE 2729 Prospect Park Drive Suite 220 Rancho Cordova,CA 95670 (916)361-8384 Matt Burris August 12,2014 Raimi+Associates Invoice No: 40940 2000 Hearst Avenue,Suite 306 Berkeley,CA 94709 Project Manager Aaron Pfannenstiel Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Professional Services from June 28 2014 to July_25_2014_ Billing Group _ _ 001_ _ __ Project Initiation Labor Code 01.3 Kick-Off Team Meeting/Tour Professional Personnel Hours Rate Amount Principal Planner Teague,Mark 7/8/2014 2.00 195.00 390.00 Teague,Mark 7/9/2014 2.00 195.00 390.00 Teague,Mark 7/11/2014 2.00 195.00 390.00 Project Manager Pfannenstiel,Aaron 7/9/2014 1.00 165.00 165.00 Totals 7.00 1,335.00 Total Labor 1,335.00 Billing Limits Current Prior To-Date Total Billings 1,335.00 0.00 1,335.00 Limit 1,320.00 Adjustment -15.00 Total this Labor Code $1,320.00 Total this Billing Group $1,320.00 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 40940 - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - Billing Group _ _ 003__ _ _ General Plan Background Report _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ Labor Code 03.1 Review and Assess Reports,Studies,and Regulations Professional Personnel Hours Rate Amount Principal Planner Teague,Mark 7/7/2014 1.00 195.00 195.00 Project Manager Pfannenstiel,Aaron 7/7/2014 1.00 165.00 165.00 Pfannenstiel,Aaron 7/10/2014 1.00 165.00 165.00 Senior GIS Analyst Faoro,lonathan 7/8/2014 1.25 110.00 137.50 GIS Analyst Schretzmann,Brian 7/8/2014 1.75 85.00 148.75 Planning Assistant Lundin,Alessandra 7/7/2014 .50 85.00 42.50 Lundin,Alessandra 7/8/2014 6.75 85.00 573.75 Lundin,Alessandra 7/9/2014 4.25 85.00 361.25 Lundin,Alessandra 7/10/2014 4.00 85.00 340.00 Planning Technician Weintraub,Morgan 7/7/2014 1.75 75.00 131.25 Totals 23.25 2,260.00 Total Labor 2,260.00 Billing Limits Current Prior To-Date Total Billings 2,260.00 0.00 2,260.00 Limit 2,260.00 Total this Labor Code $2,260.00 - -- - - - -- - - - - - - - - - - - - -- -- - -- - - - -- - - - - -- -- - - - - -- Labor Code 03.3 Admin Draft Background Report Professional Personnel Hours Rate Amount Senior Planner Allinder,Sara 7/8/2014 3.50 130.00 455.00 Allinder,Sara 7/10/2014 4.00 130.00 520.00 Allinder,Sara 7/15/2014 7.00 130.00 910.00 Associate Planner Manarolla,Xico 7/7/2014 .50 110.00 55.00 Manarolla,Xico 7/8/2014 .75 110.00 82.50 Manarolla,Xico 7/10/2014 4.00 110.00 440.00 Manarolla,Xico 7/14/2014 4.50 110.00 495.00 Manarolla,Xico 7/15/2014 2.50 110.00 275.00 Biologist Parker,Leslie 7/14/2014 4.00 85.00 340.00 Planning Assistant Lundin,Alessandra 7/10/2014 3.00 85.00 255.00 Lundin,Alessandra 7/11/2014 4.00 85.00 340.00 Lundin,Alessandra 7/14/2014 7.50 85.00 637.50 Lundin,Alessandra 7/15/2014 5.00 85.00 425.00 Wood,Courtney 7/8/2014 .50 85.00 42.50 Wood,Courtney 7/9/2014 1.50 85.00 127.50 Wood,Courtney 7/10/2014 5.50 85.00 467.50 Page 2 Project 14-0127 PA M DESERT GENERAL PLAN UPDATE Invoice 40940 Wood,Courtney 7/11/2014 3.50 85.00 297.50 Wood,Courtney 7/14/2014 2.50 85.00 212.50 Planning Technician Weintraub,Morgan 7/8/2014 4.00 75.00 300.00 Weintraub,Morgan 7/9/2014 4.00 75.00 300.00 Weintraub,Morgan 7/10/2014 4.00 75.00 300.00 Weintraub,Morgan 7/11/2014 4.00 75.00 300.00 Weintraub,Morgan 7/14/2014 2.00 75.00 150.00 Totals 81.75 7,727.50 Total Labor 7,727.50 Billing Limits Current Prior To-Date Total Billings 7,727.50 0.00 7,727.50 Limit 7,720.00 Adjustment -7.50 Total this Labor Code $7,720.00 Total this Billing Group $9,980.00 Page 3 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 40940 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Billing Group 007 Environmental Impact Report - - - -- - - - - - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- Labor Code 07.4 Prepare Administrative Draft Program EIR Professional Personnel Hours Rate Amount Principal Planner Hunting,Joyce 7/8/2014 1.00 195.00 195.00 Hunting,Joyce 7/15/2014 1.00 195.00 195.00 Hunting,Joyce 7/23/2014 2.00 195.00 390.00 Seale,Tammy 7/23/2014 1.00 195.00 195.00 Teague,Mark 7/15/2014 2.00 195.00 390.00 Teague,Mark 7/21/2014 2.00 195.00 390.00 Teague,Mark 7/22/2014 2.50 195.00 487.50 Teague,Mark 7/23/2014 2.50 195.00 487.50 Project Manager Pfannenstiel,Aaron 7/11/2014 2.00 165.00 330.00 Pfannenstiel,Aaron 7/14/2014 4.00 165.00 660.00 Pfannenstiel,Aaron 7/18/2014 2.00 165.00 330.00 Pfannenstiel,Aaron 7/21/2014 1.50 165.00 247.50 Pfannenstiel,Aaron 7/24/2014 6.50 165.00 1,072.50 Senior Planner Allinder,Sara 7/16/2014 2.75 130.00 357.50 Allinder,Sara 7/17/2014 .50 130.00 65.00 Allinder,Sara 7/21/2014 1.50 130.00 195.00 Allinder,Sara 7/22/2014 .50 130.00 65.00 Allinder,Sara 7/23/2014 .25 130.00 32.50 Associate Planner Manarolla,Xico 7/16/2014 6.00 110.00 660.00 Manarolla,Xico 7/17/2014 6.00 110.00 660.00 Manarolla,Xico 7/21/2014 4.00 110.00 440.00 Manarolla,Xico 7/22/2014 4.50 110.00 495.00 Manarolla,Xico 7/23/2014 3.00 110.00 330.00 Manarolla,Xico 7/24/2014 2.00 110.00 220.00 Senior GIS Analyst Faoro,Jonathan 7/15/2014 4.00 110.00 440.00 Faoro,Jonathan 7/16/2014 4.00 110.00 440.00 Faoro,Jonathan 7/17/2014 4.00 110.00 440.00 Faoro,Jonathan 7/24/2014 1.00 110.00 110.00 Biologist Parker,Leslie 7/15/2014 5.00 85.00 425.00 Parker,Leslie 7/16/2014 6.00 85.00 510.00 Parker,Leslie 7/18/2014 7.00 85.00 595.00 Parker,Leslie 7/21/2014 8.00 85.00 680.00 Parker,Leslie 7/22/2014 7.00 85.00 595.00 Parker,Leslie 7/23/2014 3.00 85.00 255.00 Parker,Leslie 7/24/2014 .25 85.00 21.25 GIS Analyst Schretzmann,Brian 7/23/2014 3.25 85.00 276.25 Planning Assistant Lundin,Alessandra 7/16/2014 7.75 85.00 658.75 Lundin,Alessandra 7/17/2014 7.75 85.00 658.75 Lundin,Alessandra 7/18/2014 5.50 85.00 467.50 Page 4 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 40940 Lundin,Alessandra 7/21/2014 .50 85.00 42.50 Lundin,Alessandra 7/23/2014 1.25 85.00 106.25 Lundin,Alessandra 7/24/2014 2.00 85.00 170.00 Noir,Yvette 7/8/2014 2.00 85.00 170.00 Noir,Yvette 7/10/2014 2.00 85.00 170.00 Noir,Yvette 7/11/2014 6.50 85.00 552.50 Noir,Yvette 7/18/2014 4.00 85.00 340.00 Noir,Yvette 7/21/2014 5.00 85.00 425.00 Noir,Yvette 7/22/2014 8.00 85.00 680.00 Wood,Courtney 7/15/2014 4.50 85.00 382.50 Wood,Courtney 7/17/2014 3.00 85.00 255.00 Wood,Courtney 7/22/2014 4.00 85.00 340.00 Wood,Courtney 7/23/2014 1.50 85.00 127.50 Planning Technician Weintraub,Morgan 7/7/2014 .25 75.00 18.75 Weintraub,Morgan 7/16/2014 2.00 75.00 150.00 Weintraub,Morgan 7/17/2014 3.00 75.00 225.00 Weintraub,Morgan 7/21/2014 1.00 75.00 75.00 Weintraub,Morgan 7/23/2014 2.00 75.00 150.00 Technical Editor Cotham,Ana 7/22/2014 2.50 75.00 187.50 Cotham,Ana 7/23/2014 1.50 75.00 112.50 Cotham,Ana 7/25/2014 2.75 75.00 206.25 Wirth,Suzanne 7/22/2014 4.50 75.00 337.50 Wirth,Suzanne 7/23/2014 .50 75.00 37.50 Wirth,Suzanne 7/24/2014 1.75 75.00 131.2S Wirth,Suzanne 7/25/2014 .50 75.00 37.50 Administrative Grey,Ashley 7/22/2014 .75 75.00 56.25 Grey,Ashley 7/23/2014 1.50 75.00 112.50 Grey,Ashley 7/24/2014 .50 75.00 37.50 Kraft,Amanda 7/23/2014 .50 75.00 37.50 Kraft,Amanda 7/24/2014 1.00 75.00 75.00 Kraft,Amanda 7/25/2014 .50 75.00 37.50 Totals 205.75 21,248.75 Total Labor 21,248.75 Billing Limits Current Prior To-Date Total Billings 21,248.75 0.00 21,248.75 Limit 50,400.00 Remaining 29,151.25 Total this Labor Code $21,248.75 Total this Billing Group $21,248.75 Page 5 .,, Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 40940 - -— — — — —— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —- Billing Group _ _ 009_ _ _ _ On-Going Project Management_ Labor Code 09.1 On-Going Project Management Professional Personnel Hours Rate Amount Project Manager Pfannenstiel,Aaron 7/7/2014 1.00 165.00 165.00 Pfannenstiel,Aaron 7/10/2014 1.00 165.00 165.00 Pfannenstiel,Aaron 7/11/2014 1.00 165.00 165.00 Pfannenstiel,Aaron 7/16/2014 1.00 165.00 165.00 Pfannenstiel,Aaron 7/18/2014 1.00 165.00 165.00 Pfannenstiel,Aaron 7/21/2014 1.00 165.00 165.00 Totals 6.00 990.00 Total Labor 990.00 Billing Limits Current Prior To-Date Total Billings 990.00 0.00 990.00 Limit 5,280.00 Remaining 4,290.00 Total this Labor Code $990.00 Total this Billing Group $990.00 Page 6 Project 14-0127 PA M DESERT GENERAL PLAN UPDATE Invoice 40940 Total this Invoice $33,S38.7S Page 7 raimi+, SNOW +�+ 1111111111assoo'ates INVOICE ,e..a....a.n..up Palm Desert General Plan Update Involca;tot = Invoice# at Lauri Avlaian 14-836 0 1/14 ]1$65,711.14 City of Palm Desert Contract 1iC33%01ZContract#C33240laylaian@cityofpaImdesert.org73-510 Fred Waring Drive 0 Palm Desert Palm Desert,CA 92660 ommunity Development Terms: Due on receipt SEP 16 2014 Summary of Charges Amount 1.1 Project Initiation Meeting \ Rt1= $1,565.00 1.2 Collect Information&Develop GIS Database / 37-6 t i/yILI t �,tZj r �� ��� �� $2,892.50 1.3 Kick-Off Team Meeting/Tour / $2,685.00 2.1 Technical Working Group 1,040.00 2.2 Stakeholder Interviews 3�Z �$' 2,170.00 3.2 Prepare Background Report Outline q $796.25 3.3 Admin Draft Background Report T)e(�0 4-V � -t- - 16 ` ' 25 f$600.00 8,300.00 3.5 Final Background Report Mileage and Travel Expenses $117.50 V/ PMC. . . . . *i) 7j- ZU rz5�- 1 4- �99D r� K � $33,538.75✓ Palm D Jul/Jul 40940 MR+E $9,360.00 Palm D Jul/Jul PDGP1 R L p Billable Ex :Office Expense 2.5% i5)lei Q Gin I WGf�L`�"�1 �e �r?br/ei�nlivkya���°5t r0�r Last( t �'9Z P p � $501.21 dK Sub Management 5°6 �� J/�3�,�� �3L0 ��� ` ��1`��,�`�>aK $2,144'"" AMOUNT DUE(T Is INVOICE) $66,7 .14 V `r dddd l� g��-rah ry,yc Z00 e— tc re .J���t cv�?' c� i n,i Gr c �, �� ;r�}�1 y��J�e en1�`rl 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (�Z1,95), (510)394-3712.Accounting raimi+ ►' �a36B°°,ems INVOICE ... Palm Desert General Plan Update Detail: Summary of Time Charges Rat* Hours Amount 1.1 Project Initiation Meeting Brynn McKieman 9/1 $65.00 1 $65.00 Matt Burris $150.00 10 $1,500.00 $1,665.00 1.2 Collect Information&Develop GIS Database Brynn McKieman 9/1 $65.00 44.5 $2,892.50 $2,892.60 1.3 Kick-Off Team Meeting/Tour Brynn McKieman 9/1 $65.00 39 $2,535.00 Matt Burris $150.00 1 $150.00 $2,685.00 2.1 Technical Working Group Brynn McKieman 9/1 $65.00 16 $1,040.00 $1,040.00 2.2 Stakeholder Interviews Brynn McKieman 9/1 $65.00 8 $520.00 Matt Bums $150.00 11 $1,650.00 _..52,170.00 3.2 Prepare Background Report Outline Brynn McKieran 9/1 $65.00 12.25 $796.25 $796.25 3.3 Admin Draft Background Report Leeanne Singleton $100.00 65 $6,500.00 Matt Bums $150.00 12 $1,800.00 $8,300.00 3.5 Final Background Report Matt Burris $150.00 4 $600.00 $600.00 Total Time Charges: $20,048.75 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting PAGE: 1 PURCHASE ORDER P.O. NO: 019101 (0 FIEOI�m [N)wn 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 DATE: 06/20/14 TELEPHONE (760) 346-0611 FAX (760) 341-4564 TO: RAIMI & ASSOCIATES INC SHIP TO: City of Palm Desert 2000 HEARST AVENUE ATTN: PLANNING STE 306 73-510 FRED WARING DRIVE BERKELEY, CA 94709 PALM DESERT, CA 92260 VENDOR NO. 13413 DELIVER BY SHIP VIA F.O.B. TERMS 04/30/16 NET CONFIRM BY CONFIRM TO REQUISITIONED BY SEE REQUISITIONER/JRB IL.AYLAIAN/MO FREIGHT CONTRACT NO, ACCOUNT NO. PROJECT REQ. NO. REQ. DATE � 40044704123919 21546 06/19/14 EXTENDED ITEM NO.AND DESCRIPTION COST 1 799703 . 00 DL PROF-CONSULTING SRV 1 . 0000 799703 . 00 CONSULTANT TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN AND PREPARE THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT, SUBJECT TO FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY. CITY COUNCOL APPROVED: 4/24/2014 CONTRACT NO: C33240 SUB-TOTAL 799703 . 00 TOTAL 799703 . 00 REMARKS : **NOTE** Pa ments will not be processed by the requesting �gartment until a si7ned contract Is receivedy the City Clerk. INVOICE PAID AMOUNT PAID AUTHORIZED /P5RCAAAG�'6FFICER APPROVED FOR PAYMENT J04-Velp 04915%WM-§& SEE REVERSE SIDE - INSTRUCTIONS �Sj}ii �� INVOICE y� Palm Desert General Plan Update Invoice to: Invoice# Date I - Lauri Avlaian 14-886 09/30/14 $6,529.64 City of Palm Desert R+A 14002 MB-No Cover letter Contract#C33240 Contract#C33240 Po#019101 laylaian@cityofpalmdesert.org Vendor#13413 73-510 Fred Waring Drive Palm Desert,CA 92660 Terms:Due on receipt Summary of Charges Amount 2.1 Technical Working Group $2,550.00✓/ 2.2 Stakeholder Interviews $422.50'✓/ 3.1.Review and Assess Reports,Studies,and Regulations $1,137.50v/ 3.3 Admin Draft Background Report $1,500.00 V 9.1 On-Going Project Management $130.00 x Office Exp 4.36%of Labor $250.66 L Sub Mgmt Fee 9.39%of Labor 6�/ `L' $53 AMOUNT DUE(THIS INVOICE) $6,529.64 Detail: Summary of Time Charges Rate Hours Amount 2.1 Technical Working Group Matt Burris $150.00 17 $2,550.00 $2,550.00 2.2 Stakeholder Interviews Brynn McKiernan 9/1 $65.00 6.5 $422.50 $422.50 3.1.Review and Assess Reports,Studies,and Regulation Brynn McKiernan 9/1 $65.00 17.5 $1,137.50 $1,137.50 3.3 Admin Draft Background Report Matt Burris $150.00 10 $1,500.00 $1,500.00 9.1 On-Going Project Management Brynn McKiernan 9/1 $65.00 1 $65.00 Sharyce munson. $65.00 1 $65.00 $130.00 Total Time Charges: $5,740.00 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting INVOICE •� associates the motor# of community Lauri Avlaian Date 09/30/14 City of Palm Desert Invoice Number: 14-886 Contract#C33240 Amount Due: $6,529.64 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings(%of Estimate) Billings(S) Description Total Previous This Inv. Total Previous This Invoice P rofessional Fees 1.1 Project Initiation Meeting $1,570.00 99.68% 99.68% $1,565.00 $1,565.00 1.2 Collect Information&Develop GIS $2,900.00 99.74% 99.74% $2,892.50 $2,892.50 Database 1.3 Kick-Off Team Meeting/Tour $2,680.00 100.19% 100.19% $2,685.00 $2,685.00 2.1 Technical Working Group $16,300.00 34.69% 19.04% 15.64% $5,653.75 $3,103.75 $2,550.00 2.2 Stakeholder Interviews $2,600.00 99.71% 83.46% 16.25% $2,592.50 $2,170.00 $422.50 2.3 Highway 111 Corridor Plan Workshops $7,480.00 2.4 Draft General Plan Public Workshops $7,300.00 3.1.Review and Assess Reports,Studies, $7,660.00 14.85% 14.85% $1,137.50 $1,137.50 and Regulations 3.2 Prepare Background Report Outline $1,330.00 99.81% 99.81% $1,327.50 $1,327.50 3.3 Admin Draft Background Report $18,320.00 70.14% 61.95% 8.19% $12,850.00 $11,350.00 $1,500.00 3.5 Final Background Report $3,610.00 16.62% 16.62% $600.00 $600.00 4.1 Develop Vision and Alternatives $7,240.00 4.2 Conduct Alternatives Analysis $8,760.00 4.3 Create Final Land Use and $11,260.00 Transportation Plan 5.1 General Plan Outline and Policy $5,700.00 Framework 5.2 Administrative Draft General Plan $27,300.00 5.3 Screencheck Draft General Plan $20,880.00 5.4 Public Draft General Plan $14,740.00 6.1 Framework Plan Development and $2,400.00 Alternatives 6.2 Preferred Framework and Vision Plan $5,200.00 6.3 Administrative Draft Corridor Plan $3,980.00 6.4 Public Review Draft Corridor Plan $1,000.00 7.1 Establish Thresholds of Significance $600.00 7.2 Prepare Notice of Preparation $300.00 7.3 Conduct Scoping Meeting $600.00 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting i r INVOICE rairni + i associates the filature of (community Lauri Avlaian Date 09/30/14 City of Palm Desert Invoice Number: 14-886 Contract#C33240 Amount Due: $6,529.64 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings t%of Estimate) Billings(S) Description Total Previous This Inv. Total Previous This Invoice Professional Fees 7.4 Prepare Administrative Draft Program $2,400.00 EIR 7.5 Prepare Public Draft EIR $600.00 7.6 Response to Comments and Final EIR $1,200.00 8.1 Planning Commission Hearings $2,400.00 8.2 City Council Hearings $2,400.00 8.3 Preparation of Final General Plan $5,840.00 9.1 On-Going Projec'Management $18,840.00 0.95% 0.26% 0.69% $178.75 $48.75 $130.00 Office Exp 4.36%) Lab / $9,385.00 5.32% 2.65% 2.67% $498.90 $248 24 $250.66 Sub Mgmt Fee 9.390' Labor $20,220.00 15.92% 13.25% 2.67% $3,218.55 $2,679.57 $538.98 Subtotal:Professional Fees $244,995.00 14.37% 11.70% 2.67% $35,199.95 $28,670.31 $6,529.64 Reimbursable Expenses STP $145,920.00 STP 3.0%• of Labor $4,398.00 PMC• • • • • $147,020.00 25.91% 25.91% $38,086.25 $38,086.25 PMC Exp 2.4%of Labor $3,500-00 3.12% 3.12% I - / $109A4 $109.14 Fehr+Peers- • $206,880.00 12.97% 12.97% — $26,830.00 $26,830.00 MR+E $27,000.00 34.67% 34.67% $9,360.00 $9,360-00 Rincon Consulting $19,990.00 — Subtotal:Reimbursable Expenses $554,708.00 13,41% 13.41% $74,385.39 $74,385.39 Overall Totals: $799,703.00 13.70% 12.89% 0.82% $109,585.34 $103,055.70 $6,529.64 AMOUNT DUE(THIS INVOICE) $6,529.64 R+A 14002 MB-No Cover letter Contract#C33240 PO#019101 Vendor#13413 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting ,l. Budget Estimate,Part I: Budget Summary 'Budget Summary Each Mo. Contract Budget Summary All Invoice Detail R+A Billing% Tasks Task 1:Project Initiation $ 19,790 $7,150 Task 2:Community Engagement $ 61,480 $33,680 Task 3:General Plan Background Report ` $ 161,530 $30,920 Task 4:General Plan Vision and Alternatives $ 64,280 $27,260 Task 5:General Plan $ 143,660 $68,620 Task 6:Highway 111 Corridor Plan $ 95,740 $12,580 Task 7:Environmental Impact Report $ 162,240 $5,700 Task 8:Public Review and Adoption $ 29,360 $10,640 N Task 9:On-Going Project Management 24,120 $18,840 Labor Subtotal $762,200 $215,390 Mgmt sub Consultants ($554708 x 5%=$27,735) $ 20,220 $20,220 9.399'0 of R+A Labor Expenses Office Etc. $ 17,283 $9,385 4.36% of R+A Labor R+A ` $244,995 Subs STP; 145,920 STP Exp%3.0 4,398 3.0% of STP labor PMC 147,020 PMC Exp%2.4: 3,500 2.4% of PMC labor F+P? 206,880 MR+E 27,000 Rincon: 19,990 Total Subs€ 554,708 Grand Total $799,7031 $799,703 1 0 PURCHASE ORDER :D DDD Dww P.O.PAGE: 019101 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 DATE: 06/20/14 TELEPHONE (760) 346-0611 FAX (760) 341-4564 TO: RAIMI & ASSOCIATES INC SHIP TO: City of Palm Desert 2000 HEARST AVENUE ATTN: PLANNING STE 306 73-510 FRED WARING DRIVE BERKELEY, CA 94709 PALM DESERT, CA 92260 VENDOR NO. 13413 DELIVER BY SHIP VIA F.O.B. TERMS 04/30/16 NET CONFIRM BY CONFIRM TO REQUISITIONED BY I SEE REQUISITIONER JRB L.AYLAIAN/MO FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REQ. DATE 40044704123919 21546 06/19/14 ITEM NO.AND DESCRIPTION UNIT COST In COST 1 799703 . 00 DL PROF-CONSULTING SRV 1 . 0000 799703 . 00 CONSULTANT TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN AND PREPARE THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT, SUBJECT TO FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY. CITY COUNCOL APPROVED: 4/24/2014 CONTRACT NO: C33240 SUB-TOTAL 799703 . 00 TOTAL 799703 . 00 REMARKS : **NOTE** Payments will not be processed by the requestingg de artment until a signed contract s received by the City Clerk. ***** 449 INVOICE PAID AMOUNT PAID AUTHORIZED BY PURCHA G FFICER APPROVED FOR PAYMEN SEE REVERSE SIDE - INSTRUCTIONS raimi+ �essoci ......t3 ��� �� INVOICE , Palm Desert General Plan Update Invoice to: Invoice# Date Lauri Avlaian 14-871 08/31/14 $37,963.217 City of Palm Desert R+A 14002 MB-No Cover letter Contract#C33240 Contract#C33240 laylaian@cityofpalmdesert.org Po#019101 73-510 Fred Waring Drive Vendor#13413 Palm Desert,CA 92660 Terms:Due on receipt Summary of Charges Amount '/ 2.1 Technical Working Group $2,063.75 V 3.2 Prepare Background Report Outline $531.25 3.3 Admin Draft Background Report $3,050.)01/ , 9.1 On-Going Project Management $48.75 V/ Office Exp 4.36%of Labor $248.24,✓ Sub Mgmt Fee 9.39%of Labor $534.64v PMC• • • • • $4,547.50 V/ Inv#41068 August / PMC Exp 2.4%of Labor $109.14 i/ Fehr+ Peers- • $8,120.00 #95636 August Fehr+ Peers- • $18,710.00 #95144 July AMOUNT DUE(THIS INVOICE) $37,963.27 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting raimi+. IIIIIIIIIISS90clates INVOICE Palm Desert General Plan Update Detail: Summary of Time Charges Rate Hours amount 2.1 Technical Working Group Brynn McKiernan 9/1 $65.00 1.75 $113.75 Leeanne Singleton $100.00 9 $900.00 Matt Burris $150.00 7 $1,050.00 $2,063.75 3.2 Prepare Background Report Outline Brynn McKiernan 9/1 $65.00 6.25 $406.25 Leeanne Singleton $100.00 1.25 $125.00 $531.25 3.3 Admin Draft Background Report Beth Altshuler 1/2 $125.00 10 $1,250.00 Leeanne Singleton $100.00 13.5 $1,350.00 Matt Burris $150.00 3 $450,00 $3,050.00 9.1 On-Going Project Management Sharyce munson. $65.00 0.75 $48.75 $48.75 Total Time Charges: $5,693.75 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting INVOICE associates the the nature of community Lauri Avlaian Date 08/31/14 City of Palm Desert Invoice Number: 14-871 Contract#C33240 Amount Due: $37,963.27 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings(%of Estimate) Billings(s) Description Total Previous This Inv. Total Previous This Invoice Professional Fees 1.1 Project Initiation Meeting $1,570.00 99.68% 99.68% $1,565.00 $1,565.00 1.2 Collect Information&Develop GIS $2,900.00 99.74% 99.74% $2,892.50 $2,892.50 Database 1.3 Kick-Off Team Meeting/Tour $2,680.00 100.19% 100A9% $2,685.00 $2,685.00 2.1 Technical Working Group $16,300.00 19.04% 6.38% 12,66% $3,103.75 $1,040.00 $2,063.75 2.2 Stakeholder Interviews $2,600.00 83.46% 83.46% $2,170.00 $2,170.00 2.3 Highway 111 Corridor Plan Workshops $7,480.00 2.4 Draft General Plan Public Workshops $7,300.00 - 3.1.Review and Assess Reports,Studies, $7,660.00 and Regulations 3.2 Prepare Background Report Outline $1,330.00 99,81% 59.87% 39.94% $1,327.50 $796.25 $531.25 / 3.3 Admin Draft Background Report $18,320.00 61.95% 45.31% 16.65% $11,350.00 $8,300.00 $3,050.00 V 3.5 Final Background Report $3,610.00 16.62% 16.62% $600.00 $600.00 4.1 Develop Vision and Alternatives $7,240.00 - - 4.2 Conduct Alternatives Analysis $8,760.00 - 4.3 Create Final Land Use and $11,260.00 - Transportation Plan 5.1 General Plan Outline and Policy $5,700.00 B Framework 5.2 Administrative Draft General Plan $27,300.00 5.3 Screencheck Draft General Plan $20,880.00 5.4 Public Draft General Plan $14,740.00 6.1 Framework Plan Development and $2,400.00 - Alternatives 6.2 Preferred Framework and Vision Plan $5,200.00 - 6.3 Administrative Draft Corridor Plan $3,980.00 - - 6.4 Public Review Draft Corridor Plan $1,000.00 - 7.1 Establish Thresholds of Significance $600.00 7.2 Prepare Notice of Preparation $300.00 - 7.3 Conduct Scoping Meeting $600.00 - 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting MENOMONEE INVOICE traimi aSsOCIatC►S the mature of Gomm unav Lauri Avlaian Date 08/31/14 City of Palm Desert Invoice Number: 14-871 Contract#C33240 Amount Due: $37,963.27 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings I%of Estimate) Billings(S) Descriptlon Total Previous This Inv. Total Previous This Invoice ProfessionalFees 7.4 Prepare Administrative Draft Program $2,400.00 EIR - 7.5 Prepare Public Draft EIR $600.00 7.6 Response to Comments and Final EIR $1,200.00 _ 8.1 Planning Commission Hearings $2,400.00 8.2 City Council Hearings $2,400.00 8.3 Preparation of Final General Plan $5,840.00 9.1 On-Going Project Management $18,840.00 0.26% 0.26% $48.75 $48.7� Office Exp 4.36%of Labor $9,385.00 2.65% 2.65% $248.24 $248.24 Sub Mgmt Fee 9.39%of Labor $20,220.00 13.25% 10.61% 2.64% $2,679.57 $2,144.93 $534.64 Subtotal:Professional Fees $244,995.00 11.70% 9.06% 2.64% $28,670.31 $22,193.68 $6,476.63 Reimbursable Expenses STP $145,920.00 STP 3.0%• of Labor $4,398.00 PMC• • • • • $147,020.00 25.91% 22.81% 3.09% $38,086.25 $33,538.75 $4,547.50 PMC Exp 2.4%of Labor $3,500.00 3.12% 3.12% $109.14 $109.14 Fehr+Peers- • $206,880.00 12.97% 12.97% $26,830.00 $26,830.00 MR+E $27,000.00 34.67% 34.67% $9,360.00 $9,360.00 Rincon Consulting $19,990.00 Subtotal.Reimbursable Expenses $554,708.00 13.419/6 7.73% 5.68% $74,385.39 $42,898.75 $31,486.64 Overall Totals: $799,703.00 12.89% 8.14% 4.75% $103,055.70 $65,092.43 $37,963.27 AMOUNT DUE(THIS INVOICE) $37,963.27 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting Budget Estimate,Part I: Budget Summary Budget Summary Each Mo. Contract Budget Summary All Invoice Detail R+A Billing% Tasks Task 1:Project Initiation $ 19,790 $7,150 Task 2:Community Engagement $ 61,480 $33,680 Task 3:General Plan Background Report $ 161,530 $30,920 Task 4:General Plan Vision and Alternatives $ 64,280 $27,260 Task 5:General Plan $ 143,660 $68,620 Task 6:Highway ill Corridor Plan ` $ 95,740 $12,580 Task 7:Environmental Impact Report $ 162,240 $5,700 Task 8:Public Review and Adoption $ 29,360 $10,640 Task 9:On-Going Project Management € $ 24,120 $18,840 Labor Subtotal $762,200 $215,390 � Mgmt sub Consultants ($554708 x 5%=$27,735) $ 20,220 $20,220 9.39% of R+A Labor Expenses Office Etc. € $ 17,283 $9,385 4.36% of R+A Labor R+A $244,995 Subs STP; 145,920 STP Exp%3.0: 4,398 3.0% of STP labor PMC 147,020 PMC Exp%2.41 3,500 2.4% of PMC labor F+P 206,880 MR+E 27,000 Rincon 19,990 Total Subs: 554,708 Grand Total $799,703 $799,703 Monthly Progress Report Consultant: PMC Project: Palm Desert General Plan Update Work Period: July 26 to August 29, 2014 Summary of Work Accomplished Task Task Name Work Performed • • • 11 • - • 1.3 Kickoff Meeting and Tour No work performed this period 2.1 Technical Working Group No work performed this period 2.4 Draft General Plan Public Workshops No work performed this period 3.1 Review and Assess Reports, Studies No work performed this period 3.3 Admin Draft Background Report No work performed this period 3.5 Final Background Report No work performed this period -. ... . . .+... 0 4.2 Conduct Alternatives Analysis No work performed this period 5.1 General Plan Outline and Policy Framework No work performed this period 5.2 Admin Draft General Plan No work performed this period 5.3 Screencheck Draft General Plan No work performed this period 5.4 Public Draft General Plan No work performed this period 7.1 ' .. . i l • _ - .... ._ .. .. • _ this period Establish CEQA Thresholds of Significance No work performed 7.2 Prepare Notice of Preparation No work performed this period 7.3 Conduct Scoping Meeting No work performed this period 7.4 Prepare Admin Draft Program EIR Revised existing conditions sections for the technical background report. 7.5 Prepare Public Draft EIR No work performed this period 7.6 Response to Comments/Final EIR No work performed this period 8.1 Planning Commission Hearings No work performed this period 8.2 City Council Hearings No work performed this period • • • 11• • • • • - ".M- W11 .1 n-Going Project Management Time spent managing the project team. rn-ikii{IiWliil�►iieNBl�Yi�Y �ii�.:r®nl ;;; Billed as incurred 1 Monthly Progress Report August 2014 P MG 2729 Prospect Park Drive,SuRe 220 Rancho Cordova,CA 95670 (916)361.8384 phone (916)361-1574 Fax INVOICE COVERSHEET Invoice: 41068 Date: September 9,2014 PROJECT: 14-0127 PALM DESERT GENERAL PLAN UPDATE Task % Previous Actual To Balance Task Description Amount Complete Billing Date Remaining Current Fee BG#001 Project Initiation 1.3-Kick Off Team Meeting/Tour 1,320.00 100.00% 1,320.00 1,320.00 Sub Total 1,320.00 100.00% 1,320.00 1,320.00 BG#002 Community Engagement 2.1-Technical Working Group 1320.00 0.00% 1,320.00 2.4-Draft General Plan Public Workshops 1,320.00 0.00% 1,320.00 Sub Total 2,640.00 0.00% 2,640.00 BG#003 General Plan Background Report __ / 3.1-Review and Assess Reports,Studies,and Regulations 2,260.00 100.00% 2,260.00 2,260.00 3.3-Admin Draft Background Report 7,720.00 100.00% 7,720.00 7,720.00 V - 3.5-Final Background Report 1,490.00 0.00% 1,490.00 Sub Total 11,470.00 87.01% 9,980.00 9,980.00 11490.00 BG#004 General Plon Vision and Alternative_, 4.2-Conduct Alternatives Analysis 2,200.00 0.00% - - 2,200.00 Sub Total 2,200.00 0.00% 2,200.00 BG#005 General Plan 5.1-General Plan Outline and Policy Framework _ 9,840.00 0.00% _ _ 9,840.00 5.2-Administrative Draft General Plan 3,900.00 0.00% 3,900.00 5.3-Screencheck Draft General Plan 1,640.00 0.00% 1,640.00 5.4-Public Draft General Plan 2,360.00 0.00% 2,360.00 Sub Total 17,740,00 0.00% 17,740.00 BG#007 Environmental Impact Report 7.1-Establish Thresholds of Significance 920.00 0.00% 920.00 7.2-Prepare Notice of Preparation 2,130.00 0.00% 2,130.00 7.3-Conduct Scoping Meeting 2,130.00 0.00% - - 2,130.00 /1 7A-Prepare Administrative Draft Program EIR 50,400.00 50.53% 21,248.75 25,466.25 24,933.75 4,217.50 V 7.5-Prepare Public Draft EIR 29 530.00 0.00% - 29,530.00 - 7.6-Response to Comments and Final EIR 18 620.00 0.00% 18,620.00 Sub Total 103,730.00 14.55% 21,248.75 25,466.25 78,263.75 4,217.50 BG#008 Public Review and Adoption 8.1-Planning Commission Hearings 1320.00 0.00% - 1,320.00 -- 8.2-City Council Hearings 1320.00 0.00% 1,320.00 Sub Total 2,640.00 0.00% 2 640.00 BG#009 On-Going Project Management 9.1-On-Going Project Management 5,280.00 25.00% 990.00 1,320.00'J 3,960.00 330.00 Sub Total 5,280.00 25.00% 990.00 1,320.00 3,960.00 330.00 BGN 010 Expenses - Expenses 3,500.00 0.54% - 18.77 3,481.23 18.77 Sub Total 3,500.00 0.54% - I8-77 3,481.23 xxx xyx Totah: 150,520.00 25.32% 32,548.75 38,105.02 112,414.98 4,566.27 exp 2.40 109.14 TOTAL THIS INVOICE: 4,566.27 PMGJ INVOICE 2729 Prospect Park Drive Suite 220 Rancho Cordova,CA 95670 (916)361-8384 Matt Burris September 09,2014 Raimi+Associates Invoice No: 41068 2000 Hearst Avenue,Suite 306 Berkeley,CA 94709 Project Manager Aaron Pfannenstiel Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Professional Services from July 26 2014 to August 29 2014 Billing Group __ 007_ _ _ _ _Environmental Impact Report Labor Code 07.4 Prepare Administrative Draft Program EIR Professional Personnel Hours Rate Amount Principal Planner Teague,Mark 7/31/2014 2.00 195.00 390.00 Teague,Mark 8/4/2014 1.00 195.00 195.00 Teague,Mark 8/5/2014 1.00 195.00 195.00 Teague,Mark 8/12/2014 1.00 195.00 195.00 Project Manager Pfannenstiel,Aaron 7/28/2014 1.50 165.00 247.50 Pfannenstiel,Aaron 8/15/2014 2.00 165.00 330.00 Pfannenstiel,Aaron 8/18/2014 2.00 165.00 330.00 Pfannenstiel,Aaron 8/21/2014 2.00 165.00 330.00 Senior GIS Analyst Faoro,Jonathan 8/4/2014 2.50 110.00 275.00 Planning Assistant Noir,Yvette 8/1/2014 6.00 85.00 510.00 Noir,Yvette 8/4/2014 2.00 85.00 170.00 Planning Technician Weintraub,Morgan 8/1/2014 4.00 75.00 300.00 Weintraub,Morgan 8/4/2014 5.00 75.00 375.00 Weintraub,Morgan 8/12/2014 1.00 75.00 75.00 Technical Editor Wirth,Suzanne 8/4/2014 1.50 75.00 112.50 Administrative Wolfe,Stephanie 7/28/2014 2.50 75.00 187.50 Totals 37.00 4,217.50 Total Labor 4,217.50 Billing Limits Current Prior To-Date Total Billings 4,217.50 21,248.75 25,466.25 Limit 50t400.00 Remaining 24,933.75 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 41068 Total this Labor Code $4,217.50 Total this Billing Group $4,217.50 Page 2 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 41068 - - —— — —— — — — — — — — —— — — — — — —— — —— — — — — — — — — —— — — — — — — — — — - Billing Group _ _ 009_ __ _ On-Going Project Management_ Labor Code 09.1 On-Going Project Management Professional Personnel Hours Rate Amount Project Manager Pfannenstiel,Aaron 7/30/2014 1.00 165.00 165.00 Pfannenstiel,Aaron 8/11/2014 1.00 165.00 165.00 Totals 2.00 330.00 Total Labor 330.00 Billing Limits Current Prior To-Date Total Billings 330.00 990.00 1,320.00 Limit 5,280.00 Remaining 3,960.00 Total this Labor Code $330.00 Total this Billing Group $330.00 Page 3 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 41068 - - — — — — — — — —— — — — — — —— — — — — — — — — — — — — — — — — — — — — — — — — — — — - Billing Group 010 Expenses Reimbursable Expenses Phone&Communications 8/6/2014 Unlimited Conferencing Conference Call 18.77 Total Reimbursables 18.77 18.77 Billing Limits Current Prior To-Date Total Billings 18.77 0.00 18.77 Limit 3,500.00 Remaining 3,481.23 Total this Billing Group $18.77 Page 4 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 41068 Total this Invoice $4,566.27 Outstanding Invoices Number Date Balance 40940 8/12/2014 33,538.75 Total 33,538.75 Page 5 .PNIC:.. Unlimited Conferencing Call Detail project 5600.11 Bill Date:8/3/14 proposal 7210.00. Invoice#561881 overhead 7110.00. **AlI non-project or proposal related calls go to SERVICE/OPER** Call %of total Call Date Project# Minutes Charge Subtotal mins Surcharges Call Total 07/08/1 114-0127 236 1 0.055000231 $12.9801 1,09%1 4.080305779 $17.06V/ Page 1 of 1 FE_H, R / PEERS 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 (925) 977-3200 Fax (925) 933-0007 Fed. ID 68-0065540 Matt Burris September 11,2014 Raimi&Associates,Inc. Project No: OC14-0321.00 2000 Hearst Avenue Invoice No: 95636 Suite 306 Project Manager Christopher Gray ID Berkeley,CA 94709 �\ v Project OC14-0321.00 Palm Desert Master Plan Professional Services for the_Perlok._uly 26 20� 14 to August 29 2014 ———`—`————————————— — Phase 01 Project Initiation Professional Personnel Hours Rate Amount Senior Engineering Technician 1I Carsell,Carrie 1.00 130.00 130.00 Senior Administrative Assistant I Saroyan,Sona 1.00 125.00 125.00 Senior Administrative Assistant II Stoneliouse,Brynn .50 115.00 57.50 Totals 2.50 312.50 Total Labor 312.50 Budget Summary Current Prior To-Date Total Billings 312.50 738.20 1,050.70 Total Budget 5,560.00 Remaining Budget 4,509.30 Phase Total $312.50 ----------- -------- --------------------------- Phase 02 Community Engagement Professional Personnel Hours Rate Amount Engineer/Pimmer I Sahimi,Michael 20.50 120.00 2,460.00 Technician III Swartz,Jacqui 4.00 125.00 500.00 Administrative Assistant TV Saroyan,Sona 1.00 120.00 120.00 Totals 25.50 3,080.00 Total Labor 3,080.00 Imo, F7 DUE AND PAYABLE UPON RECEIPT e Project OC14-0321.00 Palm Desert Master Plan Invoice 95636 Budget Summary Current Prior To-Date Total Billings 3,080.00 0.00 3,080.00 Total Budget 3,080.00 Phase Total $3,080.00 - .. Phase 03 General Plan Backgroud Report Professional Personnel Hours Rate Amount Principal I Gray,Christopher 2.00 215.00 430.00 Engineer/Planner III Herrmann,Paul 14.00 I30.00 1,820.00 Engineer/Planner I Huang,Elliot 2.00 120.00 240.00 Sahimi,Michael 8.75 120.00 1,050.00 Technician III Swartz,Jacqui 1.50 125.00 187.50 Technician II Swartz,Jacqui 1.00 125.00 125.00 Senior Administrative Assistant II Stonehouse,Brynn 2.00 115.00 230.00 Totals 31.25 4,082.50 Total Labor 4,082.50 (� Reimbursable Expenses '1 Travel 120.40 Total Reimbursables 120.40 1 .40 ` ; NINIJ Budget Summary Current Prior To-Date k Total Billings 4,202.90 18,389.40 22,592.30 Total Budget 90,380.00 Remaining Budget 67,787.70 Phase Total $4,202.90 - -- ---------------------------------------- --- Phase 05 General Plan Professional Personnel Hours Rate Amount Senior Engineer/Planner II Donkor,Kwasi 3.00 155.00 465.00 Engineer/Planner I Huang,Elliot 1.50 120.00 180.00 Totals 4.50 645.00 Total Labor 645.00 Budget Summary Current Prior To-Date Total Billings 645.00 0.00 645.00 Total Budget 37,540.00 Remaining Budget 36,895.00 Phase Total $645.00 DUE AND PAYABLE UPON RECEIPT � Project OC14-0321.00 Palm Desert Master Plan Invoice 95636 TOTAL CURRENT INVOICE AMOUNT DUE: $8,240.40 Current Invoice Prior Billed Total Billed To Date Billing Summary 8,240.40 19,127.60 27,368.00 Outstanding Invoices Invoice Number Invoice Date Balance 95144 8/11/2014 19,127.60 Total 19,127.60 Total Current Balance $27,368.00 DUE AND PAYABLE UPON RECEIPT Project OC14-0321.00 Palm Desert Master Plan Invoice 95636 Billing Backup Thursday,October 09,2014 FERR&PEERS Invoice 95636 Dated 9/11/2014 10:20:54 AM Project OC14-0321.00 Palm Desert Master Plan Phase 01 Project Initiation Phase Total $312.50 -- ---------- ----------------- ------------------ Phase 02 Community Engagement Phase Total $3,080.00 - --- ------- --- --------------- ------- -- -------- - Phase 03 General PIan Backgroud Report Reimbursable Expenses Travel EX 000000010144 8/10/2014 Gray,Christopher/Field Visit for Project-Chris 120.40 J� Gray/215.00 miles Q 0.56 V(w Total Reimbursables 120.40 120. 1� Phase Total $4,202.97 ------- -- ---- ------------------ --------- ------- Phase 05 General Plan Phase Total $645.00 Project Total $8,240.40 Total this Report $8,240.40 DUE AND PAYABLE UPON RECEIPT FEHR / PEERS 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 (925) 977-3200 Fax (925) 933-8007 Fed. ID 68-0065540 .A k Matt Burris August 11,2014 Raimi&Associates,Inc. Project No: OC14-0321.00 2000 Hearst Avenue Invoice No: 95144 Suite 306 Project Manager Christopher Gray Berkeley,CA 94709 Project OC14-032I.00 Palm Desert Master Plan Professional Services for the Period:_un _8 2014 to k1y 25.2014 Phase w 01 Project Initiation Professional Personnel Hours Rate Amount Engineer/Planner ITT Herrmann,Paul 2.00 130.00 260.00 Senior Administrative Assistant I1 Stonehouse,Brynn 2,00 115.00 230.00 Senior Administrative Assistant II Fernandes,Mark 1.00 125.00 125.00 Totals 5.00 615.00 Total Labor 115.00 , Reimbursable Expenses Travel 123.20 Total Relmbursables 12.3.20 123. 0---� Phase Total ,8738.20 --- ---- ---------------------- --------- -------- Phase 03 General Plan Baekgroud Report Professional Personnel NHours Rate Amount Principal I Gray,Christopher 13.00 215.00 2,795.00 Pack,Jason 2.00 215.00 430.00 Senior Associate II Gray,Christopher 10.00 200.00 2,000.00 Engineer/Planner I Huang,Elliot 60.00 120.00 7,200.00 Sahimi,Michael 36.00 120.00 4,320.00 Senior Engineering Technician III Carsell,Came I0.00 135.00 1,350.00 Totals 131.00 18,095.00 Total Labor 81095.00 .d DUE AND PAYABLE UPON RECEIPT Project OC14-0321.00 Palm Desert Master Plan Invoice 95144 Reimbursable Expenses Travel 294.40 Total Re€mbursables 294.40 294.40 Phase Total $18,389A0 Budget Summary Current Prior To-Date Total Billings 19,127.60 0.00 19,127.60 - Total Budget 206,880.00 Remaining Budget 187,752.40 TOTAL CURRENT INVOICE AMOUNT DUE: $19,127.60 Current Invoice Prior Billed Total Billed To Date Billing Summary 19,127.60 6.00 19,127.60 DUE AND PAYABLE UPON RECEIPT Project OC14-0321.00 Palm Desert Master Plan Invoice 95144 Billing Backup Thursday,October 09,2014 FEHR&PEERS Invoice 95144 Dated 8/11/2014 10:20:09 AM Project OC 14-0321.00 Palm Desert Master Plan ------ ----_ ------ ------------------------ - ----- Phase 01 Project Initiation Reimbursable Expenses Travel f \� EX 000000009860 6/27/2C 14 Gray,Christopher/Kick-off meeting in Palm Desert 123.20 ` /220.00 miles Qa 0.56 G� Total Reimbursables 123.20 23.20 Phase Total $738.20 ------------------- ------------ ---- - ---- ------- Phase 03 General Plan Backgroud Report Reimbursable Expenses Travel EX 000000009966 7/18/2014 Sahimi,Michael/Meal(hmch)during all-day field 18.36 work. EX 000000009966 7/18/2014 Sahimi,Michael/Travel to and from field work 145.60 location as well as throughout field work for project. /260.00miles a 0.56 EX 000000009966 7/18/2014 Sahimi,Michael/Meals(drink)during all-day field 1.64 work. 1� EX 000000009860 7/20/2014 Gray,Christopher/Field Visit in Palm Desert/ 128.80 230.00 miles @ 0.56 Total Reimbursables 294.40 294.40 + Phase Total $18,389.40 ( � C Project Total $19,127.60 Total this'Report $19,127.60 a 00 i DUE AND PAYABLE UPON RECEIPT REQUEST FOR CONSULTANT PROPOSALS FOR PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT City of Palm Desert Director of Community Development 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611, Extension 481 January 23, 2014 TABLE OF CONTENTS REQUEST FOR PROPOSAL PAGE NO. PART 1 Introduction and Background ...............................................................3 PART2 Scope of Work .....................................................................................4 PART 3 Scope of Services................................................................................5 PART 4 Available Documents ...........................................................................6 PART5 Schedule..............................................................................................7 PART6 Budget..................................................................................................7 PART 7 Proposal Contents................................................................................7 PART8 Proposal Format..................................................................................7 PART9 Proposal Evaluation ........................................................................... 10 PART 10 Insurance Requirements .................................................................... 11 PART 11 City of Palm Desert Rights and Options............................................. 14 PART12 Proposal Submittal ............................................................................. 15 2 '*%W ..., CITY OF PALM DESERT REQUEST FOR CONSULTANT PROPOSALS FOR PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT 1. INTRODUCTION AND BACKGROUND The City of Palm Desert, California, incorporated November 26, 1973, is centered in the heart of the Coachella Valley. It is 27 square miles in area and has 49,949 permanent residents and another 32,000 seasonal residents. Palm Desert is known as the cultural and retail center of the desert communities. In 1997, voters approved changing Palm Desert's designation from general law to a Charter City in order to preserve the historical principles of self-governance and derive the resulting social, economic, and fiscal benefits from local control. The City employs the Council-Manager form of government. The City Council consists of five citizens elected to staggered four-year terms, with the position of Mayor rotating annually among the Council members. The City of Palm Desert is also rated one of the safest cities in Southern California. The Police Department is contracted through the Riverside County Sheriff's Department. The fire and paramedic service is similarly contracted. The City Council and City staff pride themselves on high quality delivery of services to residents. Palm Desert is clean, well maintained, and well managed. Whether it be through popular community gardens and varied parks, quality education at our Palm Desert schools, or unparalleled shopping and dining opportunities, we believe that our job is to put the concerns and needs of the Palm Desert residents above all others. Current General Plan: The existing general plan was comprehensively updated in a four-year work effort, culminating in adoption on March 15, 2004. Since that time, the Housing Element has been updated regularly as required by State law, with the current version having been adopted in October 2013. Other elements have been impacted by minor amendments, but have not been comprehensively revised. The majority of the amendments have been to the Land Use Element. This General Plan update is not envisioned as a wholesale rewrite of all elements, but rather a rewrite of some key elements, a refreshing of others, and a consolidation of several recent planning documents into this single, comprehensive document. Further description of the work needed for individual elements and the other documents available as resources is provided in Section 2, Scope of Work, and Section 4, Available Documents. 3 2. SCOPE OF WORK In brief, the scope of work includes update of all mandatory and optional elements of the 2004 City of Palm Desert General Plan, and preparation of an environmental impact report for the updated plan. The City is interested in applying its resources wisely and in a cost effective manner. The City also recognizes that, although all elements of the general plan are important, not all need to be addressed in a general plan. In fact, inclusion of information and elements in this document will be counterproductive if the information is not used regularly and updated in a timely manner. As example, producing a Water, Sewer, and Utilities Element, but not updating it with new information from the Coachella Valley Water District (CVWD), Imperial Irrigation District (IID), Southern California Edison (SCE), and Time Warner Cable (TWC) creates confusion for all parties concerned. Even though it is convenient to have the information in a single document, upkeep of the information is likely to be sporadic and inconsistent, such that it is better to refer questions to the agencies in question. Consequently, the City is prepared to minimize or eliminate some of the discretionary elements, and will work with the consultant to identify which elements those are. To provide more specific guidance, the elements contained in the current general plan, and their anticipated need for revision, are as follows: Consider Minimal Moderate to 2004 General Plan Element Consolidating Revisions Comprehensive or Eliminating Revisions Land Use X Circulation X Housing X Parks and Recreation X Community Design X Arts and Culture X Economic and Fiscal X Archeological and Cultural Resources X Biological Resources X Water Resources X Air Quality X Energy and Mineral Resources X Open Space and Conservation X Geotechnical X Flooding and Hydrology X Noise X Hazardous and Toxic Materials X Water, Sewer, and Utilities X Public Building and Facilities X Fire and Police Protection X Schools and Libraries X Health Services X Emergency Preparedness X 4 ..r ' Includes update of specific plans and preparation of minimum one new specific plan (for the Highway 111 corridor). 2 Traffic Study and Circulation Element. A. Prepare a traffic model based upon RIVTAM to plan for meeting the needs of all users of streets, roads, and highways. For the purpose of the Circulation Element, users are considered to include motorists, pedestrians, bicyclists, children, persons with disabilities, seniors, movers of commercial goods, and riders of public transportation. Comply with the 2010 Office of Planning and Research guidelines for complete streets and the circulation element. B. Re-examine the City's peak hour intersection Level of Service (LOS) by movement, and evaluate policies and implications on corridors and intersections. C. Study and develop goals and policies relative to tie-in of the existing non-motorized transportation routes to the future CV Link system, and maximizing the effectiveness of that system in reducing vehicle miles traveled. 3 Minimal revisions to the 2013 Economic Development Strategic Plan will be needed to incorporate it in the Economical Fiscal Element of the updated General Plan. a Includes potential addition of a Healthy Communities Element. Community participation: The City of Palm Desert does not plan to use a General Plan Advisory Committee for this update. The City is concluding a year-long strategic planning effort as of the date of issuance of this Request for Proposals. This effort has involved 130 residents, business owners, technical staff, policy makers, and stakeholders from throughout the community. These individuals worked together to provide a vision of Palm Desert twenty years into the future. They formed focused, specialty working groups to address: Land Use, Housing, and Open Space; Parks and Recreation; Public Safety and Emergency Services; Energy and Sustainability; Economic Development; Arts and Culture; Tourism and Marketing; Transportation; and Education. The comprehensive visioning and deliberation of these groups was intended to be a foundation for not only the strategic plan, but for the ensuing General Plan update as well. This allows the public participation during the General Plan update to supplement, rather than re-create, that provided during the strategic planning efforts. For these reasons, the consultant's work will be guided by a small, technical working group comprised primarily of staff members. Community participation will be sought in several workshops wherein a draft of the General Plan is presented, and in the public hearings conducted by the Planning Commission and City Council. Broad community participation will also be actively solicited for development and update of specific plans for the Land Use Element. 3. SCOPE OF SERVICES Services to be provided by the selected consultant include the following: 1. Establish one individual who will serve as consultant's project manager and point of contact for all services performed under contract. 2. Work as an extension of City staff. Maintain an open dialogue with staff and work closely with the City Review and update existing goals and policies from 2004 General Plan. 5 3. Meet in person with staff members as needed to gather technical input and track progress of work. 4. Prepare agendas and exhibits, and conduct meetings and workshops with staff, working committee, and the public to gather data, collaboratively explore ideas, review concepts, and present findings. 5. Evaluate effectiveness of City's programs in achieving goals in 2004 General Plan. 6. Prepare draft Environmental Impact Report (EIR), Final EIR and all supporting documents as a necessary to comply with the requirements of the California Environmental Quality Act. 7. Provide a traffic model (as described in scope of work, above) and make such revisions to the model as may be requested by City staff. 8. Provide consistency with the State Office of Planning and Research General Plan Guideline update for 2014 (or draft Guideline if final guideline is not issued prior to the Notice to Proceed date for this contract work). 9. Integrate the documents provided by the City, including the Housing Element, Environmental Sustainability Plan, and the Economic Development Strategic Plan into the General Plan, providing internal consistency in content and appearance. Eliminate redundancy between elements to the greatest extent possible. 10.Submit seven hard copies plus one electronic copy of the draft General Plan to the City for review. 11.After receiving comments from City staff, incorporate revisions and prepare revised draft Plan. Conduct minimum two public meetings to present the draft Plan to interested members of the community. 12.Revise draft and present Plan to Planning Commission and City Council in public hearings as are required for Plan adoption. 4. AVAILABLE DOCUMENTS The following documents are available upon request for consultants responding to the Request for Proposals (RFP). Some of these documents are available in hard copy upon receipt of payment for copying costs. 1. 2004 General Plan 2. 2010 Environmental Sustainability Plan and Greenhouse Gas Inventory 3. Adopted 2013 Housing Element 4. 2013 City of Palm Desert Economic Development Strategic Plan 6 5. 2014 Strategic Plan: Envision Palm Desert--+ Forward Together(Draft) 6. City of Palm Desert FY 2013-14 Marketing Plan 7. City of Palm Desert Template Professional Consultant Services Agreement 5. SCHEDULE A suggested schedule is presented below. If the consultant anticipates difficulties with the proposed delivery schedule, he/she should so indicate, and should propose an alternate schedule in Item c. of Project Approach in the response to the RFP. Schedule Issue Request for Proposals February 1, 2014 Proposals Due to City 5:00 pm, February 28, 2014 Consultant Interviews Week of March 24, 2014 Award of Contract by City Council Aril 10, 2014 Contract Execution May 2, 2014 Notice to Proceed May 5, 2014 Submittal of First Draft to City February 2015 Adoption of Plan by City Council December 2015 6. BUDGET The City has appropriated $800,000 for this update, and would like to accomplish the work within this budget if practicable. Under Item V d. of the proposal, consultant should address the project's budgetary parameters, including cost limitation mechanisms and optional tasks. Creative approaches that utilize existing resources, limit less critical technical studies, and potentially use less expensive resources for some tasks or processes are encouraged. Consultants may propose optional approaches or tasks that the City could consider to better or more cost effectively achieve its goals. 7. PROPOSAL CONTENTS To demonstrate its qualifications, its ability to perform the services described in this RFP, and its proposed method for performing these services, the consultant shall submit eight copies of a proposal containing the following information in the format indicated below. Incomplete proposals and proposals not organized according to this format may be rejected. Faxed or emailed proposals will be rejected. 8. PROPOSAL FORMAT I. A transmittal letter including the following information: a. Signature of an officer of the consultant designated as the prime consultant who is authorized to bind the firm contractually. In case of a joint venture (JV), an officer of each JV partner shall sign. 7 `%W b. The name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the consultant selection process. c. The name, title, address, and telephone number of the individual who will negotiate with the City and who is authorized to contractually bind the consultant. d. A statement that the firm can meet the City's insurance requirements, including certificates of insurance naming the City, its officers, officials, employees, and volunteers as additional insureds. Completed insurance endorsements will be required if your firm is selected. All endorsements must be on forms acceptable to the City. II. Experience of the firm or A including: a. A list of five most recent similar projects by the proposed project team. Include at least one project on which all of the principal team members, including key sub-consultants, worked together. Do not list any projects that were performed by key team members when they were employed by other firms. In the case of a JV, do not list projects performed by either of the firms, only ones performed by both firms as a joint venture. Each description shall include: • The name of the client and a contact name, address, and telephone number. • The scope of the consultant's involvement in the project. • The month and year the projects started and the month and year they were completed. • The total value of the services provided. • The key personnel involved and the sub-consultants employed. Sub-consultants should identify at least three (3) recent projects of a similar nature as references. Give the following information on each project: • The name and location of the project. • The estimated total value. • The year the project was started and completed. • The firm's project responsibilities. Indicate which responsibilities were those of personnel who would be assigned to this project. 8 • The name, title, and telephone number of a contact person with the client who is familiar with the project. b. Summary description of any litigation (and outcomes) within the last seven years that the firm or JV has been involved in concerning a general or specific plan, or elements thereof, or the adequacy of CEQA documentation prepared by the firm or proposed subcontractors. c. The current size of the prime consultant firm or JV and the size variation during the past seven years. d. A list of any of the prime consultant's contracts terminated (partially or completely) by clients for convenience or default within the past seven years. Include contract value, description of work, client, contract number, and the name and telephone of the contracting entity. III. Project approach, including: A brief description of the project team's proposed technical and management approach to the project. Include the following information: a. A description of the project team's organization required to conduct this project. b. The team's identification of the critical project elements that may arise during the term of the contract. c. The team's approach to control cost, schedules, and quality. If revisions are suggested to the proposed schedule, discuss them here. d. Any assumptions or limitations as to technical study scope or process (number of intersections to be studied, noise measurements taken, number of meetings to be attended, etc.) IV. Qualifications of the project team's key personnel, including: a. The name, position, and a detailed resume of the proposed Project Manager. Identify the name, position, and a brief resume of the person who will be the actual key contact with City staff. b. The name, position, brief resume, and proposed responsibilities for all other key personnel. Indicate their present assignments and their availability. Include alternate personnel that would be used if the persons identified as key personnel are not available at the time a specific project arises. 9 % ` ," c. Provide a team organization chart showing all key personnel. Describe any special resources the project team may bring to the Project, such as specific recent experience working on related projects, and recent experience on City of Palm Desert or other local (Coachella Valley) projects. Elaborate on why the project team stands above the competition. V. Cost proposal based in the scope of work and scope of services described in this Request for Proposals. Include: a. Expected hours by job classification. Estimate the percentage of hours that will be for work performed in the Coachella Valley. Include the work of all subconsultants in this computation. b. A current hourly rate schedule. c. Expected budget for reimbursable expenses, if any. d. A description of assumptions made while preparing the cost proposal and any qualifications to that proposal. e. Suggestions of any modifications that the City could make to the scope of work or scope of services that would allow the project to be accomplished more cost effectively. VI. Writing samples, including a sample Land Use Element a sample Circulation Element, and a third sample element of your choosing, that your firm has prepared within the last three years. Identify the author of the sample(s), and what role he/she will have on this project. Send no more than five pages of each sample element. Do not send the whole General Plan. 9. PROPOSAL EVALUATION 1. Consultant proposals will be evaluated based upon firm experience, qualifications of key personnel, project approach, cost, and location of firm (including what percentage of the work will be performed locally). Preferential consideration will be given to firms that are located in the Coachella Valley and that will perform the majority of the work locally. 2. The proposals will be evaluated by a committee comprising City of Palm Desert staff, one member of the Planning Commission, and two members of the City Council. 3. After review of the proposals, the evaluation committee may choose to interview three to five top-ranked firms. If conducted, these interviews will allow the consultant team to make a presentation, then answer questions relative to their presentation and their written proposal. Firms invited to be interviewed will be given a minimum of seven calendar days advance notice of the interview date. 10 '*"W VOW 4. The evaluation committee will identify the top-ranked firm and recommend to the Palm Desert City Council that a contract be awarded to that firm. 5. City staff will negotiate a contract with the top-ranked firm based upon the scope of work and scope of services described herein, and the cost proposal submitted by the consultant, subject to such modifications in any of these as may be necessary and appropriate to deliver a General Plan and Environmental Impact Report that are complete, sufficient, and in the best interests of the City of Palm Desert. 6. In the event that the City and the top-ranked consultant are unable to reach a mutually satisfactory agreement for any reason, the City reserves the right to terminate negotiations with the top-ranked firm and to commence negotiations with the second-ranked firm. 7. The City Council will consider the recommendation of the consultant evaluation committee and the negotiated contract, and make a decision regarding award of the contract during a regularly scheduled meeting that is open to the public. 10.INSURANCE REQUIREMENTS Without limiting consultant's indemnification of City, and prior to commencement of Work, consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, 2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and consultant agrees to maintain continuous 11 coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements: Insurance for Subconsultants: All subconsultants shall be included as additional insureds under the consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by consultant or City will withhold amounts sufficient to pay premium from consultant payments. In the alternative, City may cancel this Agreement. 12 • *4W IWAW Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. Citv's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the consultant, the City and consultant may renegotiate consultant's compensation. 13 Self-insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 11 .CITY OF PALM DESERT RIGHTS AND OPTIONS This RFP does not commit the City of Palm Desert to award a contract, to pay any cost incurred with the preparation of a proposal, or to procure or contract for services described herein. The City of Palm Desert reserves the right to accept or reject any or all proposals received in response to this RFP, to negotiate with any qualified source, or to cancel in whole or in part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their proposals. All respondents should note that any contract pursuant to this solicitation is dependent upon the recommendation of the Palm Desert City Council. The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Palm Desert reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. The City of Palm Desert will reserve the right to request that specific personnel with specific expertise be added to the team if the City determines that specific expertise is lacking in the project team. Proposals submitted in response to the RFP will not be returned. 14 1 **SSW VMOI 12.PROPOSAL SUBMITTAL All proposals in response to this RFP are due no later than 5:00 p.m. on Friday, February 28, 2014. Proposals should be delivered to: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260. Attention: Lauri Avlaian, Director of Community Development. All questions regarding this RFP shall be directed to Lauri Avlaian, (760) 34-0611, Extension 481. 15 The Desert Sun ECE,+� Certificate of Publication 750 N Gene Autry Trail () Palm Springs, CA92262 CITY CLERK IS'-(?� F.`C[ PALM D( w 760-778-4578/Fax 760-778-4731 r 2014 FEB -6 PM 12: 10 City of Palm Desert Community Development State Of California ss: County of Riverside FEB 06 2014 Advertiser: CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT CA 922602 2000404708 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: The Desert Sun No 0193 REQUEST FOR PROPOSALS FOR PROFESSIONAL PLANNING SERVICES Contract No.C33240 2/2/2014 PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert has issued a Request for Propos- als (RFP) from planning consultants qualified to update the City's 2004 General Plan and prepare the associated Environmental Impact Report.Con- sultants will be evaluated on the basis of firm ex- perience,qualifications of key personnel,location of office (with preferential consideration given to firms located in the Coachella Valley),and cost. Firms interested in receiving the complete Re- I acknowledge that I am a principal clerk of the printer of quest for may Proposal p y do so-by contacting: The Desert Sun, printed and published weekly in the City Lauri Aylaian of Palm Springs, County of Riverside, State of California. Director of Community Development City of Palm Desert The Desert Sun was adjudicated a newspaper of general 73-510 Fred Waring Drive circulation on March 24, 1988 by the Superior Court of the Palm Desert,California 92260 Tel: (760),346-0611,Extension 481 County of Riverside, State of California Case No. Email: laylaian@cltyofpalmdesert.org 191236. The City reserves the right to postpone selection for its own convenience,to withdraw this RFP at any time,and to reject any and all proposals with- out indicating any reason for such rejection.As a I declare under penalty of perjury that the foregoing is true function of the RFP process,the City of Palm Des- ert reserves the right to remedy technical errors in and correct. Executed on this 2nd day of February, 2014 response to the RFP and to modify the published scope of services and scope of work. Proposals submitted in Palm Springs, 1 OCnI turned. in response to the RFP will not be re- All proposals in response to this RFP are due no later than 5 00 p.m.on Friday,February 28,2014, Eight copies of proposals should be delivered to: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert,CA 92260,Attention:Lauri Aylaian, Director of Community Development.All questions regarding this RFP shall be directed to Lauri AI1.aian,(760)346-0611,Extension 481. De n 's Signa ure Published:2/2/14 RECEIYED 0 CITY OF PALM DESERT CITY CLERK'S !OFFICE PALM ;7",FP �A •�� 73-510 Fred Waring Drive Palm Desert, California 92260-2578 2014 JAN 29 AM 10: 02 Tel: (760) 346-0611 Fax: (760) 776-6417 info@palm-desert.org REQUEST FOR PROPOSALS FOR PROFESSIONAL PLANNING SERVICES Contract No. C33240 PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert hereby issues a Request for Proposals (RFP) from planning consultants qualified to update the City's 2004 General Plan. Consultants will be evaluated on the basis of firm experience, qualifications of key personnel, location of office (with preferential consideration given to firms located in the Coachella Valley), and cost. Firms interested in receiving the complete Request for Proposal may do so by contacting: Lauri Aylaian Director of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Tel: (760) 346-0611, Extension 481 Email: IaYaian(c�cityofpalmdesert.org The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Palm Desert reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. Proposals submitted in response to the RFP will not be returned. All proposals in response to this RFP are due no later than 5:00 p.m. on Friday, February 28, 2014. Eight copies of proposals should be delivered to: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260. Attention: Lauri Aylaian, Director of Community Development. All questions regarding this RFP shall be directed to Lauri Aylaian, (760) 346-0611, Extension 481. . � , j �L 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9 2 2 60-2 5 7 H TEL: 760 346-o6ii infoC'cityofpalmdesert.org June 8, 2015 Mr. Matthew Burris Raimi + Associates, Inc. 3600 Lime Street, Suite 226 Riverside, California 92507 Dear Mr. Burris: Subject: Contract No. C33240 - Update of the City of Palm Desert Comprehensive General Plan -Amendment No. 1 At its regular meeting of April 9, 2015, the Palm Desert City Council, by Minute Motion, approved Amendment No. 1 in the amount of $71,593 to the subject contract with Raimi + Associates, Riverside, California, to update the City of Palm Desert General Plan — in order to provide for a comprehensive study and development strategy for enhancing parking capacity in the commercial core area, including potential development of parking structure in the Presidents' Plaza. Enclosed is a fully executed Amendment for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosure (as noted) / cc/enc: Lauri Aylaian, Community Development Director Finance Department �tr vnimro mi aer<,m enaE4 CITY OF PALM DESERT Contract#/P.O.# C33240 Amendment/ PROFESSIONAL SERVICE_ AMENDMENT Change Order No. 1 Contingency: XXX NO Contract Purpose 400-4572-433.40-01 and P Account No. 400-4436-422.40-01 Consultant's Name Project No. N/A Address: Raimi + Associates, Inc. vendor No. 13413 3600 Lime Street, Suite 226 Riverside, California 92507 You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE DESCRIPTION OF CHANGES In Contract Price In Contract Price Provide additional services to study long-term parking management and $71,593.00 development of additional parking capacity in commercial core of the city, as further described in attached proposal from Raimi + Associates dated 17 March 2015. A� r 3 rn-r=" t C7mr`; rnmrn rr;1K...- rn N-< 3 �O -n a% rn TOTALS: - 71,593.00 NET CHANGE IN CONTRACT PRICE: 71,593.00 JUSTIFICATION: Scope of project work has been increased in response to input received from the Technical Working Group and the public during a series of three public outreach meetings. Added scope will address existing and future parking needs in the commercial core area, and will design management strategies and conceptual structured parking to be implemented as need for additional parking increases with future infill development. TOTAL BUDGET FOR PROJECT: + 800,000.00 CONTINGENCY: Less: Expend. & Encumb. To Date: - 799,703.00 Amount Approved by Council: + 78,752.30 Less: This Change Order Amount: - 71,593.00 Less: Prior Amendment(s): - - BALANCE OF BUDGET Less: This Amendment: - 71,593.00 REMAINING FOR PROJECT: 1 (7 296.00)11 1 Balance Remaining of Contingency: 7,159.30 The amount of the Contract will be Increased by the Sum of: seventy-one thousand five hundred ninety- three Dollars ($ 71,593.00). g:\planning\lauri aylaian\general plan update\raimi prof svc amendment no 1 -cover sheet.doc Continued on reverse ... Contract C33240 Amendment No. 1 Continued from front This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant shall perform all work as necessary or required to complete the Professional Service Amendment items for a lump sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension -0- Days. Revised Contract Total $871,296.00 The undersigned Consultant approves the foregoing Professional Service Amendment # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Professional Service Amendment # 1 . The Consultant agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Professional Service Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when approved by the Owner. Execution of this Professional Service Amendment by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Professional Service Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: /� `` 2. ACCEPTED BY: DEPARTMENT HEAD CONSULTANT Date Accepted 3. CERTIFIED FUNDS AVAILABLE: _ 4. APPROVED BY: FINANCE DIRECTOR SUSAN MART WEBER, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved 0 gAplanning\lauri aylaian\general plan update\raimi prof svc amendment no 1 -cover sheet.doc Continued on reverse ... March 17,2015 raimi associates Lauri Aylaian Development Services Department Director of Community Development City of Palm Desert` 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Presidents' Plaza Parking Integration Dear Lauri, Thank you for your inquiry about helping the City to scope the design of a new parking structure and ensure the City's future parking infrastructure effectively supports development in the 111 Corridor and City Center. In accordance with our recent conversations about the central role that a shared parking system will play in the further development of the 111 Corridor and City Center, Raimi + Associates (R+A) proposes to provide additional urban planning and design services to define how future parking structures may be integrated with mixed-use infill.The objectives of this study will be to: • define pedestrian and vehicle circulation around future parking structures, • define the setbacks necessary to ensure a future parking structure would remain feasible under future development scenarios, • calibrate parking requirements for future development, • establish an action plan for managing parking supply,and • refine the timing and capacity of future parking structures so as to set the stage for a future parking structure cost estimation study. There are essentially four main subjects that must be addressed to develop a complete parking strategy and implementation plan for the 111 Corridor/City Center area. 1. An inventory of existing parking facilities and an analysis of how they are currently being used. This would identify the quantities and distribution of existing public and private parking spaces,times of peak utilization in various areas,and the potential for management measures to improve the efficiency of utilization of these existing resources. 2. Future parking demand estimates. A first approximation of such an estimate will be provided as part of our 111 Corridor/City Center Plan work already under contract,based on estimated net new commercial and residential floor area that might be developed under the new plan. However, in this type of urban context the rate of parking demand per 1,000 s.f.of development is heavily dependent on the intensities and mixes of uses,and on the extent to which a shared, managed parking supply is made available to developers and users. Accordingly, our existing work will only provide an approximation and recommended standards for near-term development. 3. Design integration of shared and private parking facilities. This would be the focus of the services of this proposal. As we have discussed,the City has previously designed a number of potential parking structures within the Presidents'Plaza areas,so our proposed work would focus on integrating such structures with commercial, residential and mixed-use buildings. We have already provide initial sketches illustrating one potential interface between structured parking and existing and future 3600 Lime Street,Suite 226.Riverside,CA 92501 www.raimiassociates.com buildings fronting Highway 111, El Paseo, and cross streets,and propose to develop additional alternatives to inform both the development standards for new zoning, a more complete pedestrian network within those blocks,and the further development of parking structure design concepts. 4. A parking management plan. To implement a long term,actively managed and sustainably financed supply of shared parking,a management plan should be prepared. Such a plan would include: a) The inventory of existing parking facilities and a management plan for efficiently utilizing them to meet current and near-term demand. This would likely include new technology and wayfinding to help users locate parking that meets their needs,an likely some combination of time limitations and pricing to ensure that prime spaces are available for high-priority users; b) Protocols for periodically monitoring parking utilization and thresholds for further action,such as modifying time limits or pricing, implementing additional parking management techniques,or constructing new parking facilities; c) Capital improvement plan for financing and constructing new parking facilities over time; d) Coordination of the availability of shared parking facilities with the minimum (or maximum) parking standards for new development,to encourage new infill development that is neither under nor over parked. Proposed Services Based on the conceptual design work completed by our team to date,on previously prepared parking structure designs by others, and on parking supply and demand recommendations from Fehr& Peers, we propose the following services. Task 1-Parking Data Collection Obtain parking counts for the City Center area.This will include parking occupancy counts from 6 a.m.to 8 p.m. conducted in hourly sweeps for all public and private parking lots. License plate data will also be collected along El Paseo and the Highway 111 frontage streets to evaluate parking turnover. Data would be collected on a weekday only. Task 2-Future Parking Demand Estimates Develop a parking model, using the Urban Land Institute Shared Parking Model. This parking model will provide demand estimates for up to three different development scenarios as identified by the Project Team. Task 3-Design Integration of Shared and Private Parking Facilities Prepare a conceptual parking and circulation diagram of the downtown area. This diagram will show: a) existing and proposed on-street parking on El Paseo and the 111 side access lanes,with approximate parking counts; b) potential future surface and structured parking areas within the Presidents' Plaza blocks with approximate parking counts; c) potential future liner buildings along existing north-south cross streets and potential future paseos; d) vehicular and pedestrian circulation networks. Prepare a conceptual public realm plan for the downtown. In addition to the 111 side access lanes already illustrated,this plan will illustrate a unified conceptual design for: a) cross streets; b) existing and proposed parking access lanes, 3600 Lime Street,Suite 226.Riverside,CA 92501 www.raimiassociates.com c) pedestrian paseos, d) potential plazas or squares. Prepare conceptual cross sections or other illustrations of the recommended design character of the above spaces and design elements. We will prepare the above illustrations in draft form and present them to City staff and the GP Advisory Committee. Based on input and direction received we will make one round of revisions/refinements to the diagram, illustrations and tabulation and will incorporate them into the 111 Corridor/City Center. ;. ,. Task 4-Parking Management Plan The Parking Management Plan will be an action plan to provide the City with a series of steps to effectively manage its parking supply into future. Identify parking management best practices for comparable communities including the use of enhanced signage, informational strategies, real-time pricing and management approaches,and joint private/public partnerships for sharing parking facilities. Information regarding up to fifteen potential strategies will be shared with Palm Desert City Staff. Recommend up to ten parking management strategies for study area. For each recommended parking management strategy,we will note the time frame, implementation agency, order of magnitude cost to the City, and likely level of effectiveness. Thank you again for the opportunity to server your community. Please do not hesitate to contact us with any questions or comments you may have. Sincerely, Matt Burris, AICP, LEED AP Associate Principal Attachment 3600 Lime Street,Suite 226.Riverside,CA 92501 www.raimiassociates.com " N -IQ F T T - r r R R � R lC � •.• ✓: I R r R T R fA - 3 c R d - a 3 0 3 o A 7 - x _ - - - - as - -- - T r c - G N 1 73-510 FRiii> WARING Djim. CRY of Palm Desert Ni.M DLsERT, CALIFORNIA 9226o-2578 'Community Development TEL: 760 346—o6zi infoOcityo1pa1mdvscrt_org APR 9 April 29, 2014 Mr. Matthew Burris Raimi + Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Dear Mr. Burris: Subject: Contract No. C33240 - Prepare an Update of the City of Palm Desert Comprehensive General Plan At its regular meeting of April 24, 2014, the Palm Desert City Council, by Minute Motion: 1) Awarded subject contract in the amount of $799,703 to Raimi + Associates, Riverside, California, for update of the City of Palm Desert Comprehensive General Plan and preparation of the associated Environmental Impact Report, subject to final review and approval of the City Attorney; 2) authorized the Mayor to execute said contract. Enclosed are two original Agreements. Please sign where indicated, have notarized (California All-Purpose Acknowledgment), and return them to us at your earliest convenience. We will then forward to you a fully executed Agreement for your records. Additionally, we call your attention to the insurance requirements contained in Section • 3.2.10 of the Agreement. We ask that the appropriate certificates and endorsements be returned with the executed agreements to expedite processing of the document and related actions. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, - i RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs closures (as noted) cc: Lauri Aylaian, Community Development Director G`,CityC1,k\G1,i,SR b=\Lxtm\38-CoD1facMC33340.dm �m PRIR1f90N Rk(Y(1 ED DI.DER CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT CONTRACT NO. C33240 1. Parties and Date. This Agreement is made and entered into this 25t" day of April, 2014, by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and Raimi + Associates ("Consultant"), a California corporation, 3600 Lime Street, Suite 226, Riverside, California 92507. City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional planning services for the update of the City of Palm Desert Comprehensive Plan and preparation of the associated Environmental Impact Report, Contract No. C33240, ("Project") as set forth in this Agreement. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. taw Contract No. C33240 3.1.2 Term. The term of this Agreement shall be from April 25, 2014 to April 25, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key 2 Contract No. C33240 personnel for performance of this Agreement are as follows: Mr. Matthew Burris, AICP, Senior Associate, Raimi + Associates; Mr. David Sargent, Principal and Licensed Architect, Sargent Town Planning; Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; and Mr. David E. Bergman, AICP, Principal, MR&E. 3.2.5 City's Representative. The City hereby designates Ms. Lauri Aylaian, Director of Community Development, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Council is the only authorized body that can approve increasing the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Matthew Burris, AICP, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or 3 Contract No. C33240 property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liabilitv Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional Liability (Errors & Omissions) Insurance: Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the 4 Contract No. C33240 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any 5 Contract No. C33240 premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. 6 Contract No. C33240 City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seven hundred ninety-nine thousand seven hundred and three dollars ($799,703) without authorization of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The 7 Contract No. C33240 invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council. 3.3.5 Rate Increases. In the event that this contract is extended beyond the date specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the time of renewal in accordance with the change (increase or decrease) in the Riverside County Consumer Price Index for the previous twelve months. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 8 ` *Awl Contract No. C33240 3.5.1 .2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Raimi + Associates 3600 Lime Street, Suite 226 Riverside, California 92507 Attn: Mr. Matthew Burris, AICP, Senior Associate City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Ms. Lauri Aylaian, Director of Community Development Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any 9 *40 Contract No. C33240 time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.3.3 Confidential Information. All information and documents that are provided to the City by the Consultant are considered public information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by 10 Contract No. C33240 Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.6.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement 11 Contract No. C33240 shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require 12 Contract No. C33240 every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated in Consultant's proposal dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT RAIMI + ASSOCIATES By: By: Mayor or City Manager Matthew Raimi, Principal ATTEST: By: Rachelle D. Klassen City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney 13 v Contract No. C33240 EXHIBIT "A" SCOPE OF SERVICES Task 1: Project Initiation In this task, the Raimi + Associates (R+A) team will initiate the project, meet with City staff, and tour the City. This task includes the following sub-tasks: 1.1 Proiect Initiation Meeting R+A will meet with City staff to initiate and organize the project. During this meeting, participants will review and discuss the scope of work and the overall schedule, develop a detailed three-month project schedule, and review the current planning-related activities in Palm Desert relevant to this update process. A key component of this meeting will be to discuss the City's objectives and review and refine the Scope of Work, if needed. Additionally, R+A and the City will clarify roles and expectations, establish communication portals for information sharing and future discussions, discuss billing logistics; and share background information and materials. 1.2 Collect Information and Develop GIS Database City staff will provide the R+A team with all of its existing data, reports, and studies relevant to the General Plan update. Critically, R+A will collect existing GIS data from the City. We expect that the City will have, at minimum, the following data in GIS-based shapefiles: existing land use, general plan land use, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines, and County assessor data. R+A will collect additional information on Palm Desert including data from the US Census, the Riverside County Department of Public Health, SCAG, CVAG, and various State of California departments. Finally, R+A will create a base map of the City for use by the team throughout the project. R+A will prepare the base map in Adobe Illustrator and GIS (ESRI ArcMap 10) using high resolution aerial photos provided by the City and from GIS. 1.3 Kick-off Team Meeting/Tour Key members of the R+A Team will visit Palm Desert for a kick-off meeting and City tour. Note that some team members may only attend part of the kick-off meeting. The kick-off meeting will have three primary components: 1. Team meeting with City staff and the R+A Team. 2. Tour the city with City staff. 3. Meetings with individual department directors or staff. 14 `oContract No. C33240 Task 1 Deliverables: • Project Initiation Meeting • Refined General Plan Work Plan and Schedule • Base Map of City • Kick Off Meeting and City Tour • Document and Data request Task 2: Community Engagement The R+A Team will work with the City to implement a public outreach process to ensure a transparent and efficient planning process. The tasks included in the scope represent R+A's idea for reaching the full spectrum of Palm Desert community members, but will ultimately be refined in the Community Engagement Plan after working directly with City staff. R + A will be the primary leader for the public outreach and visioning tasks described below, with continuous involvement by R+A in all efforts to ensure all team members gain first-hand understanding of the community's vision. 2.1 Technical Working Group The City will appoint a General Plan Technical Working Group (TWG) to support the General Plan update. Ideally, the group would consist of approximately 15 members. The R+A team will attend and facilitate one Technical Working Group meeting per month for crucial phases of the project, totaling approximately 14 meetings since meetings are not needed during certain phases of the project. The TWG may not need to meet in person on a monthly basis, but rather should meet regularly during key periods of data gathering and policy review, while checking in via conference line or email during months where the R+A Team is working on specific tasks. This will help prevent committee fatigue and provide potential TWG members with a more manageable time commitment to the project. R+A will kick off the Technical Working Group at the first meeting by reviewing the project purpose; discussing the contents and state requirements for the General Plan, the Highway111 corridor plan, the traffic model, and EIR; establishing the group's ground rules and role in the process; and reviewing the community engagement program and project timeline. The TWG will provide feedback at the following key project milestones: • Project kick-off • Community vision • Key issues • Technical background studies • Key policy approaches • Land use and circulation alternatives 15 Contract No. C33240 • Corridor Plan,development • Public review draft General Plan The R+A project team will provide a facilitator and the project manager, in addition to other needed technical staff for presentations, and prepare meeting agendas, presentations, and summaries for each meeting. 2.2 Stakeholder interviews R+A team members will conduct up to 8 one-on-one meetings with key members of the City Council, Planning Commission or community at the beginning of the process to obtain a better understanding of the project issues, the strengths of the City and their vision for the City. 2.3 Highway 111 Corridor Plan Workshops R+A believes the development and evolution of the Highway 111 corridor is critical to Palm Desert and is thus worthy of a substantial public outreach effort. The R+A Team will develop meeting parameters and provide guidance for the City to follow in efforts to conduct a series of public meetings. The focus of these parameters will be to provide uniformity in presenting information, facilitating dialogue, garnering input, and fostering consensus. Workshops will be creative forums in which a free flow of ideas can take shape toward a common purpose. The challenge of these meetings will be to ensure adequate and broad-based participation in order to avoid homogenous or narrow input. To make sure that all voices are heard, the R+A Team will to supplement the public meeting presentations with Turning Point software. Turning Point is designed to work on top of Microsoft PowerPoint. Participants are given a credit card size infrared voting device that allows them to anonymously vote on issues, survey questions, and ranking/prioritization questions. Results appear immediately as a compiled bar or pie chart on the slide. Because voting is anonymous, it prevents a vocal person from dominating the meeting with their ideas and supports "one voice one vote." It also enables the meeting facilitator to have a more dynamic discussion as follow-up to the results. The agendas and approach for each workshop will be developed in collaboration with the City to identify the best format based on the audience, information to be presented, and input needed. The R+A Team will share lessons learned and best practices to assist in the decision making process. The R+A Team will conduct the following four public workshops at key project milestones: Workshop No. 1 - Background Information/Visioning: In this workshop, which may be scheduled on a Saturday for a 3 to 4 hour block, the Team would make an opening presentation that includes a summary of the existing conditions analysis and a range of corridor precedents that may serve as models for elements of the Highway 111 Corridor 16 Contract No. C33240 plan. Following this presentation, participants will be invited to ask questions and offer comments, and then be asked to break into smaller groups to discuss opportunities and constraints in the Plan Area. Base maps of the Plan Area would be provided at the group tables and posters of the analysis and precedents could be hung around the walls of the workshop space. Team members will facilitate discussions and provide information. At the end of the workshop, group representatives will report their results to the assembly. Immediately following the Workshop, the team will hold a debrief meeting with City staff and the TWC. Workshop No. 2 - Public Realm Framework Plan and Development Types: Building off the public input received during Workshop No. 1, this workshop will focus on establishing a framework for pedestrian-friendly streets and sidewalks, focusing on streetscape and building frontages. During this workshop, R+A will also begin to explore appropriate development types for different segments of the Highway 111 Corridor. Workshop No. 3 - Preferred Land Use Alternative: Building on the community input received in Workshop No. 2, a draft land use plan that assigns specific development types and intensity ranges to each sub-area of the Plan (or segment of the Corridor) will be presented and discussed (See Task 6 for more detail on the draft land use plan). Workshop No. 4 - Public Review Draft Highway 111 Corridor Plan: This workshop will focus on key components of the Public Review Draft Corridor Plan. 2.4 General Plan Workshops In addition to the community workshops focused on the Highway 111 Corridor Plan, R+A will conduct two community workshops on the General Plan once the Public Draft has been prepared and released: Workshop No. 5 - Public Review Draft General Plan Update: This workshop will present the Draft General Plan to the public. The primary intent of this workshop will be to brief the public on the highlights of the plan and receive informal feedback. This workshop be held in an Open House format to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Public Draft General Plan. Workshop No. 6 - Public Review Draft EIR: The second General Plan workshop will focus on the Draft Environmental Impact Report. The intent of this workshop will be to brief the public on the content and implications of the Draft EIR. An Open House format will be used to provide the public with a low-key and non-threatening forum to ask questions and get answers on the Draft EIR. Task 2 Deliverables: • Technical Working Group meeting presentations, materials, and summaries for 14 meetings (note, number of in person meetings may be reduced with additional budget made available for other participation opportunities) 17 low Contract No. C33240 • Up to 8 stakeholder meetings • Four Corridor Plan Workshops • Two General Plan Workshops • Public workshop agenda and approach memorandum, meeting materials, facilitation services, and workshop summaries Task 3: General Plan BackGround Investigation During the early phases of the project, the R+A team will prepare an existing conditions report focusing on topics of critical importance to the City and the General Plan Update. The existing conditions will describe current trends and baseline data for these particular topics while exploring and analyzing key issues that impact the City and its community members. R+A will package the Background Investigation as a Technical Background Report, which will ultimately serve as the existing conditions section of the EIR. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. 3.1 Review and Assess Reports, Studies, and Regulations A critical starting point for this project will be to review and assess the recently prepared Strategic Plan, as well as other planning reports and documents, to understand the vision of the City and to identify any gaps in data collection and analysis. In addition, R+A will gather information on existing City planning, economic development, transportation, and sustainability policies to understand the current policy context. This will allow R+A to build off the considerable work that has been completed to date by the City and to ensure that both the existing conditions and the General Plan policies are consistent with the City's vision and values. 3.2 _Prepare Background Report Outline The R+A team will prepare an outline of the Technical Background Report and work with City staff to refine the structure. 3.3 Admin Draft Background Report During the first phase of the project, the R+A team will develop a comprehensive Background Report to explore and document the existing conditions in Palm Desert. The report will analyze and present information about past and current conditions in the City, input collected during previous community outreach activities, and future trends in the City, County, region, and State. The report will provide a backdrop for the General Plan and serve as the existing setting section of the EIR. Each section will also include a subsection identifying the existing conditions of the Highway 111 Corridor Plan area as well, to simultaneously lay the groundwork for the Corridor Plan. For critical topics, the R+A team may prepare more detailed stand-alone reports and then incorporate the highlights into the final Background Report. While the exact content and structure of report will be discussed with staff, we expect it to include the following information: 18 "Contract No. C33240 A. Demographics and socio-economics. This chapter will present basic information about the City including the size of the City, the population characteristics (e.g., age, gender, race/ethnicity, etc.), educational attainment levels, and income. The chapter will also focus on the location of socioeconomic disparities in Palm Desert and how the City compares to other nearby/comparable communities and Riverside County as a whole. B. Land use and urban design analysis. This chapter will present an analysis of the built environment of Palm Desert and will be comprised of: 1. Land use analysis including existing land uses, general plan designations, zoning, past and future growth trends, recent and proposed development projects, and an analysis of existing planning documents. 2. General Plan effectiveness, assessing the City's progress in achieving the goals in the 2004 General Plan and considering which components of the existing framework should be preserved. 3. Urban design analysis including views, vistas, scenic resources, gateways, major geographic features, major community features, natural land form features, and open space. R+A will address how these features enhance the area and how might they be improved to provide a stronger identity for the community. 4. A mapping of the neighborhoods, districts, and corridors in the City to identify and categorize a typology of places based on the land use, urban form, and character of each area. As part of the analysis, R+A will identify undeveloped or underutilized land in the City and the growth potential using existing zoning regulations. C. Transportation and circulation. Fehr & Peers will prepare a background report summarizing existing mobility conditions, which will include an inventory of transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary of their current operation. The report will include a functional classification of City streets; an inventory of existing signalized intersections; collision statistics in the City over past five years; pertinent traffic and travel information available from the City, SCAG, CVAG, the US Census, and other sources; existing transit services and facilities; existing bicycle facilities; and existing pedestrian facilities. Additionally, because mobile source greenhouse gas emissions (GHG) make up a large portion of the City's total GHG output, innovative mobility policies will be a vital component of the General Plan Update. To ensure that the project team and City staff are made aware of the latest developments in transportation planning, Fehr & Peers will conduct a review of best practices to guide the preparation of the Mobility Element. Some potential Transportation Best Practices could include: complete streets; multi- modal level of service (MMLOS); Layered Networks; and alternative vehicular networks. Fehr & Peers will collect existing transportation data for use in this study. Fehr & Peers will use existing traffic counts from other studies but new traffic counts will likely be required. The scope and budget assume that Fehr & Peers will conduct peak period 19 Contract No. C33240 traffic, pedestrian, and bicycle counts at up to 40 signalized intersections and 24-hour machine traffic counts on up to 40 roadway segments. E. Market conditions. MR+E will prepare a market conditions assessment for Palm Desert. The chapter will lay the foundation for a plan that promotes investment, is financially feasible, and can be implemented. This will include an estimate of real estate demand potential (housing and commercial uses), economic development opportunities, and other economic trends. This task will be comprised of three steps: 1. Preparing a market demand analysis of the potential for employment, housing, and commercial development. 2. Identifying opportunities and catalyst sites and formulating public-private financing and implementation plans. 3. Working closely with the community to identify the concerns and potential benefits of new development in the City. As part of this task, the R+A Team will interview representatives of regional economic development agencies, key employers, developers, property owners, brokers, and other stakeholders to understand the competitive advantages and disadvantages for economic development in the City. The information above will be included in the Market Conditions chapter of Background Report. F. Health. R+A will prepare a Health Chapter that discusses key issues and opportunities for the relationship between community health and the built environment. The chapter will present a brief summary of the literature on the relationship between health and planning, key indicators of health and equity, and opportunities for changes that may improve health conditions, social equity, and environmental justice in the community. The health-related topics that may be covered, pending the availability of information, are overall health and wellness, physical activity levels, exposure to substantial concentrations of air pollutants, exposure to toxics and hazardous materials, access to nutritious foods and a retail food environment analysis, access to health care and health facilities, access to parks and open spaces, mental health services, and transportation safety. This information will form the basis for a "Rapid" Health Impact Assessment (HIA) of the General Plan alternatives and can be used to support other studies such as the HIA on the oil well facility. G. Climate change. R+A will prepare a chapter that summarizes existing conditions and trends for climate change, adaptation and sustainability. The chapter will summarize the GHG emission inventory for the City and highlight sectors where policy changes could produce significant GHG reductions. In addition to climate and GHG emissions, the chapter will focus more broadly on measures of sustainability including water use and conservation, solid waste reduction, green building policies, procurement practices and other measures. Finally, the chapter will summarize the climate adaptation technical report, which will be prepared by Susanne Moser Research and Consulting (as discussed in the next task). 20 Contract No. C33240 H. Parks and public facilities. This section will examine the amount, location, and condition of parks, recreation facilities, civic buildings, and community centers. The section will also examine the status of police and fire facilities, public safety, and service calls. 1. Natural environment, resources and conservation. PMC will conduct an assessment of natural environment conditions in and around Palm Desert including natural open spaces, and natural resources. This discussion will include biological resources, geologic resources, natural hazards, and mineral resources. As part of the assessment, the team will analyze the policies encouraging the preservation and enhancement of these resources. J. Noise. This chapter will present the existing noise environment of the City. It will include a review of the history of noise-related complaints received by City staff over recent years, a survey of the City to identify noise sources and sensitive land uses, and 15- to 30-minute noise measurements from up to ten locations within the City. Once measurements are taken, Rincon will analyze traffic noise levels; develop a table of noise contour distances for major arterials, prepare a noise contour map for major noise sources, and prepare a summary of the key noise issues for the City. K. Cultural Resources. Palm Desert is part of a region that has seen human occupation for thousands of years. According to the City's Archaeological & Cultural Resources Element, 138 archaeological sites have been identified and recorded in the Palm Desert planning area, 125 of which are prehistoric (Native American) sites. The City also has a number of historic structures dating from the late 1940s and early 1950s. These are concentrated around the urban core of the City, although structures of similar vintage are likely to be found in outlying communities, such as Thousand Palms and Cahuilla Hills. For historic structures, or historic-period archaeological remains dating before 1940, the most sensitive areas within the planning area are along the Colorado River Aqueduct, between the Indio Hills and the Southern Pacific Railroad, and around the original community of Palm Village north of Highway 111. The City currently reviews development proposals for their potential impacts to archaeologically and historically significant resources and may require additional studies if the potential for damage to resources is identified. Rincon will review the existing historical, archaeological, and paleontological conditions within the City. As part of this effort, Rincon will describe the existing historical, archaeological, and paleontological setting within the City by reviewing existing City resources, the current Archaeological & Cultural Resources Element, relevant literature, previous surveys and inventories of recorded historical, archaeological, and paleontological resources, historic maps of the area, and available historic photographs and aerials views. As part of this effort, Rincon will provide recommendations for the continued identification, designation and protection of the City's cultural resources. 21 Contract No. C33240 3.4 Traffic Model Update As part of Background Report effort, Fehr & Peers will detail the latest version of the Riverside County Model (RIVTAM) to provide additional detail within the City of Palm Desert. This model has been reviewed by CVAG Staff and is required for use in all projects in the Coachella Valley based on an MOU between CVAG Staff and Riverside County Staff. This additional detail would include more defined TAZ's and roadway networks. A Base Year (Validation) and Future Year (General Plan Buildout) model would be developed. Fehr & Peers will also coordinate with Riverside County Staff to facilitate their review and approval of the model, as required by CVAG Staff and Riverside County Staff. Prior to its use, Fehr & Peers will validate the detailed Base Year Model for RIVTAM to match available traffic count data. Fehr & Peers will apply standardized criteria for the validation process as developed by FHWA, Caltrans, and other agencies. An AM Peak Hour, PM Peak Hour, and Daily model will be developed for use in the General Plan roadway network and Environmental Impact Report analysis. Once the Base Year Model is validated, Fehr & Peers will prepare a draft report summarizing the findings of the validation for submittal to the City and Project Team. Once land use forecasts are available, Fehr & Peers will develop a Future Year Travel demand model which will be used for the General and Environmental Impact Report. 3.5 Final Background Report Following the delivery of a single, consolidated set of comments from City staff, the R+A team will prepare a final Background Report that can be released to the public. Task 3 Deliverables: • Background Report Outline • Admin Draft Background Report • Final Background Report • Detailed City of Palm Desert Traffic Model Update Task 4: General Plan Vision and Alternatives Following the review and approval of the Background Report, R+A will lead the City through an effort to confirm the long term vision, the goals for the City and to develop physical and policy alternatives that respond to the issues and trends identified during the previous task. This effort is expected to confirm the vision and direction for the majority of the City and a majority of topics and then focus on areas where further discussion is needed. For land use, this could mean focusing only on a few areas of the City while the majority of areas are "areas of preservation" where limited change is expected. 22 *4010, Contract No. C33240 4.1 Develop Vision and Alternatives The first step in the process is to develop the citywide vision and General Plan goals. During the process, the R+A team will conduct a thorough review of recent plans, such as the Strategic Plan. Significant work has been completed and it is imperative that this excellent work be the starting point for developing the vision, goals and plan alternatives as this process will identify locations and topics where there is clear policy direction, areas where no direction exists and areas where there is conflicting policy direction. The vision will be developed through working closely with the Technical Working Group and consideration of information received through the early Highway 111 Corridor Plan Workshops. The result of this task will be the following: • Compilation of work done to date to prepare a citywide vision and policy direction • Draft Vision statement • Citywide goals by topic • Identify key policy issues to be addressed • Identify policy alternatives to address potential key issues. These will focus on policies improve livability and walkability in the City, but will also include other topics such as economic development and public facilities and services • Land use alternatives for areas of the City where there is a potential for future change. The areas of potential change will likely include commercial corridors, the downtown, potential sites to meet RHNA housing needs, and other areas where future commercial uses may be possible • Transportation alternatives to address key policy issues such as increasing active transportation or multi-modal/"complete" streets 4.2 Conduct Alternatives Analysis The R+A team will prepare a "matrix-level" analysis of alternatives that compares the various land use and policy alternatives, with an emphasis on climate-oriented policies. Where possible, the R+A team will use quantitative measures. The topics expected to be covered in the matrix-level analysis are land use (land use by type, housing units, population), market (jobs by type), transportation, sustainability and environment, and public health. Specifically, the alternatives analysis will include the following: • Growth projections. R+A, with assistance from other team members, will prepare forecasts of land use, population and employment changes that are expected to occur in the City during the planning horizon of the General Plan. These estimates may be based solely on growth projections from SCAG or may be based on another methodology recommended by R+A. 23 Contract No. C33240 • Economic analysis. For each land use and for key policies scenario, MR+E will build a static fiscal impact model to measure the costs and revenues for the City's General Fund. This will include the following sub-tasks: o Development of assumptions for analysis. MR+E will collect current fiscal and demographic data for Palm Desert, including the City's budget for the most recent fiscal years and additional tax and revenue information, such as sales and property tax rates. o Analysis of ongoing revenues to the City. For each land use scenario, MR+E will estimate major revenues generated, including property tax, transfer tax, vehicle license fees, and sales tax. o Analysis of ongoing costs to the City. For each land use scenario, MR+E will calculate the additional General Fund costs to provide municipal services. To assess costs, MR+E will conduct interviews with the heads of key departments (including Fire, Police, Parks, and Public Works). • Transportation analysis. Fehr & Peers will conduct a qualitative analysis of up to three land use alternatives. Alternatives may reflect different allocations of the total growth forecasts, though they will all maintain the same overall amount of change. • Noise. Rincon will also support the alternatives analysis by analyzing the future noise environment in the City with and without the project alternatives and will prepare a noise contour map for the preferred alternative. • Climate change. R+A will analyze how the alternatives perform in terms of greenhouse gas emissions to help the City understand how to best comply with the intent of AB 32 and SB 375. • Health. Using the data and indicators identified in Task 3, R+A will prepare a "Rapid" Health Impact Assessment (HIA) of various policy and physical alternatives. The analysis will primarily be a qualitative analysis stating trend/direction, magnitude, and significance, but will not necessarily calculate a numeric projection. 4.3 Create Final Land Use and Transportation Plan Based on the results of the ongoing meetings with the Technical Working Group and the Corridor Plan workshops, the R+A team will finalize the land use direction and preferred planning alternative for the City. R+A will provide the City with a memo summarizing our understanding of the preferred alternative. Task 4 Deliverables: • Alternatives that include vision, citywide goals by topic, land use and transportation alternatives, policy alternatives 24 Contract No. C33240 • Qualitative alternatives analysis • Technical memo summarizing final land use and transportation plan Task 5: General Plan The R+A Team, working closely with City staff, will develop the policy direction for the General Plan Update. 5.1 General Plan Outline and Policy Framework The first step in the process will be for R+A to develop a draft General Plan outline. This will detail the key chapters in the documents and the expected order of information. After the outline is reviewed by City staff, R+A will develop a policy framework for each chapter of the General Plan. The policy framework will identify goals, policies, and implementation measures for each topic in the General Plan. As is discussed above, the policies will be derived both from existing policy documents (including the existing General Plan) and the alternatives development process discussed in Task 4. The policy framework will be reviewed by staff and the GPAC. Creating a policy framework document will allow the community to quickly and easily understand the policy direction of the City and provide feedback to the R+A Team prior to the drafting of the General Plan. Additionally, the outline and policy framework will serve to direct a conversation with City staff and the Technical Working Group about which General Plan elements should be preserved, which should be consolidated, and which should be eliminated. Finally, as part of this task, the team will work with City staff to create a standardized structure for the chapter content and language conventions for the goals and policies. This will include a mockup of the layout and design of the General Plan. 5.2 Administrative Draft General Plan R+A will prepare an Administrative Draft General Plan for review by City staff based on the outline and policy framework developed in Task 5.1. The structure and exact content of the General Plan will be decided as the project moves forward, however the R+A team will develop a cutting-edge, character-oriented General Plan. The General Plan will include all of the topics required by State Law plus additional topics as determined during the process. R+A and several team members are continually monitoring the progress, and occasionally weighing in through workshops and individual conversations, of updating the General Plan Guidelines by the Governor's Office of Planning and Research. During this task, R+A will formally check in with OPR on the status of the guidelines to ensure the General Plan is reflective of the most recent OPR guidance. More specifically, the General Plan will cover, at minimum, the following topics: • Land use, including existing and future uses and focused policies on different areas of the community. • Urban design and community character to preserve and enhance the unique quality of Palm Desert. 25 Contract No. C33240 • Mobility and circulation including, street standards, multimodal streets and active transportation. • Economic development including tourism, expanding commercial activity and fiscal sustainability. • Public facilities and services including the need for new facilities. • Historic preservation, including cultural and archeological resources. • Climate change and adaptation, including specific measures to reduce GHG emissions and adapt to a changing climate. • Sustainability including green buildings, water conservation, energy conservation, and other topics as decided through the public process. • Public Health policies to address active transportation, healthy lifestyles, access to healthy foods, air quality, social support, and other topics of concern. • Noise, to meet State requirements and address identified noise issues in the City. • Parks, recreation, and protection other open spaces. • A detailed implementation program that will provide the necessary steps for putting the General Plan into action. It is anticipated that this section will include specific actions, responsible parties, timeframes, and funding requirements. This implementation plan will also include near-term projects which can be implemented with existing funding programs to demonstrate progress towards achieving General Plan goals and policies. 5.3 Screencheck Draft General Plan After staff has reviewed the administrative draft General Plan and provided a single set of comments, R+A will prepare a screencheck draft General Plan that includes all figures, photos, maps and graphics. R+A will deliver the screencheck draft general plan as an Adobe PDF file for ease of review and to reduce printing costs. 5.4 Public Draft General Plan R+A will provide a copy of the administrative draft of the General Plan for staff — and any others selected by staff — to review. Staff will provide R+A with one complete set of all comments, which the R+A team will incorporate and address. Task 5 Deliverables: • General Plan outline • Draft and final policy framework • Administrative Draft General Plan (including seven hard copies and one electronic copy) • Screencheck Draft General Plan (including seven hard copies and one electronic copy) • Public Draft General Plan (including seven hard copies and one electronic copy) 26 *MOW *40W Contract No. C33240 Task 6: Highway 111 Corridor Plan During this task, the R+A team, working closely with City staff, will develop a Corridor Plan for the revitalization of the Highway 111 corridor. For the purposes of establishing an initial scope, budget, and schedule, this scope assumes that the Corridor Plan will not be a standalone document but a set of tools comprised of: a vision plan for the corridor, detailed goals and policies pertaining to Highway 111 in the General Plan, Design Guidelines for the corridor, and an amendment, addition, or overlay to the Zoning Code that will provide updated development standards for new private development. For the purposes of this scope, "Corridor Plan" will refer to this set of tools. The R+A team will work closely with the City to ensure that the approach to the Corridor Plan will remain relevant to the City's desired outcomes. As such, the final form of the Corridor Plan may be somewhat varied by mutual agreement of the City and the R+A team to ensure the final product meets the City's needs. 6.1 Framework Plan Development and Development Alternatives Based on the community input received in Workshop No. 1, and on subsequent direction from City staff and the Steering Committee, R+A will prepare one to three framework plan alternatives for defining and differentiating the several Corridor segments and characterizing the community vision for each. This will include illustrations of a range of suggested streetscape characters, development types and pedestrian and bicycle connections into the adjacent neighborhoods. This will also include alternatives in terms of "degree of change," to identify segments in which little change is envisioned and segments targeted for more significant transformation over time. The vision plan alternatives will be illustrated with a combination of diagrams, illustrative plan vignettes, illustrative cross sections, 3-D models, precedent photographs, and photo-illustrations. 6.2 Preferred Framework and Vision Plan Based on the framework plan and input received in Workshop No. 2, the R+A Team will work closely with City staff and the Steering Committee to evaluate alternative development patterns and intensities, quickly moving to a draft land use plan that assigns specific development types and intensity ranges to each sub-area or Corridor segment of the Plan. Our urban designers, economists, environmental planners, and transportation planners will collaborate at each iteration to bring to the community a recommended alternative that balances transportation modes and parking demand, and generates vital pedestrian environments throughout and surrounding the Plan Area. The preferred alternative as selected and refined by the staff and the Committee will be documented and presented to the public in Workshop No. 3 for further input. It is important that the vision accurately reflects community goals and values, as this will provide the foundation for land use, urban design, mobility, economic development, and environmental policies and programs in the Corridor Plan. The development alternatives will be informed by the economic analysis completed in Task 3.3. MR+E will 27 Contract No. C33240 prepare a memo summarizing the preferred alternative and the market potential for development. 6.3 Administrative Draft Corridor Plan Based on an agreed upon framework, the R+A Team will prepare an Administrative Draft Highway 111 Corridor Plan for staff review and comment. The Corridor Plan will remain consistent with the City's General Plan and other City policies reviewed in Task 2 and effectively implement the goals, strategies, and standards developed as part in the community engagement during Task 3. A formal outline will be finalized with the City; however, the following is a summary of tasks to be completed in developing the Admin Draft Plan: Corridor Plan Goals and Framework The R+A Team will develop a set of Highway 111 Corridor Plan goals. The R+A Team will present these goals to City staff and the Steering Committee for review and comment. R+A believes it is essential for the City, community, and R+A Team to have a firm and clear understanding of project goals prior to developing Corridor Plan policies or programs. Additionally, receiving community support for long-term goals will help avoid any problems at later stages of the Plan development, as each progressive stage is an implementing tool for the agreed upon goals. These goals and policies will ultimately be embedded in the General Plan. Land Use The R+A Team will create a land use plan that is consistent with the goals and policies of the concurrent General Plan Update. The land use plan will show allowed land uses and density/intensity for each land use type. The City and R+A Team will jointly develop a land use plan and related policies to promote compatible development within the Plan Area, which is sensitive to surrounding residential, recreational (i.e., golf courses), and hospitality uses. Design Guidelines Based on the preferred framework plan and preferred alternatives for streetscape, open space, and development types, the Team will prepare draft design standards for each. The Design Guidelines will include: • A public realm illustrative/vision plan, including a network of streets, the frontage roads, alleys, paseos, plazas and courts. • A complete streets kit of parts, including recommended cross sections with parameters for frontage roads, cross streets, alleys/lanes, paseos, plazas, courts, etc. These would be formatted as guidelines, with a combination of 28 Contract No. C33240 illustrative plans and sections, 3-D models, and precedent photographs, along with short guideline narratives and bullet points for each type. • Private development guidelines including frontage type (frontage design) recommendations, building massing recommendations (varied by area to ensure appropriate transitions to adjacent houses or any historic buildings), and basic architectural design guidelines. Mobility and Parking R+A will address transportation and parking with input from City staff and applicable circulation element goals, policies and programs. Emphasis will be placed on livability principles, complete streets, place-making, and multi-modal connections. R+A will develop circulation objectives for the corridor plan, review existing circulation patterns and conditions in the area, and identify alternative strategies for parking and access. As part of this Task the R+A Team will work to identify opportunities for greenhouse gas emissions reductions and highlight the opportunities for co-benefits of reduced auto- dependency such as public health, air, and water quality improvements. The following circulation topics will be addressed in this task: • Pedestrian and bicycle facilities and safety • Street standards • Traffic calming • Street improvements • Parking strategies • Bikeways • Transit, including transit facilities Implementation and Development Standards The R+A Team will prepare an implementation program for inclusion in the General Plan to address implementation of major public improvements recommended in the Corridor Plan together with financing mechanisms and funding sources. This task will be grounded by an implementation analysis prepared by our economist. MR+E will prepare an economic development element that will focus on highly implementable specific projects that can be undertaken to facilitate economic development on Highway 111. The plan will provide a set of recommendations on actions that can be undertaken by the city and its partner agencies to develop public private partnerships for the provision of public improvements. This will consider the use of the available tools for the provision of improvements to the public realm and opportunities for public private partnerships. General strategies to be examined include: • Mello-Roos Community Facilities Act • Public Enterprise Revenue Bonds • Impact Fees and Exactions • Special Assessment Districts 29 Contract No. C33240 • Potential use of state and federal advantaged financing tools (NMTC, ARA programs, Cal (Bank etc.) • Others as determined by research Responsibilities by agency and jurisdiction will be identified as well as actions that would be required by the private sector will be inventoried. Opportunities for partnerships, joint ventures and developer initiated improvements will also be examined. The implementation section will be composed as a specific action plan with lists of responsibilities, costs and thresholds for development as opposed to providing generalized statements of goals and objectives. Additionally, the R+A team will prepare an addition to the City's Zoning Code in order to codify the new development standards. This addition might take the form of one or two new base zones, an overlay zone, or similar zoning tool and the ultimate form will be decided in conjunction with the City once the vision for Highway 111 has been defined. 6.4 Public Review Draft Corridor Plan The R+A Team will modify the Administrative Draft as directed by City staff and prepare and publish a Public Review Draft Corridor Plan for staff and general public review and comment. Task 6 Deliverables: • Corridor Plan approach recommendation and outline • Highway 111 Vision • Admin Draft Design Guidelines, Development Standards, and Implementation Actions (seven hard copies, plus one electronic copy) • Public Review Draft Design Guidelines, Development . Standards, and Implementation Actions (Seven hard copies, plus one electronic copy) Task 7: Environmental Impact Report PMC, in association with Fehr & Peers, and Rincon, will prepare a legally adequate program-level Environmental Impact Report (EIR) in compliance with CEQA and the State CEQA Guidelines for the General Plan Update. The EIR will be comprehensive and address all environmental issues with a potential to result in significant environmental impacts. The text of the EIR will be supplemented with graphics and summary tables, as appropriate, to present information in a concise and easily understood format. 7.1 Establish Thresholds of Significance PMC, Fehr & Peers, and Rincon will work with City staff to establish thresholds of significance for each environmental topic to be addressed in the Program EIR. Some topics contained in the State CEQA Guidelines Appendix G checklist may not apply to Palm Desert. While the topical areas described in Appendix G will serve as a guide for 30 ` Contract No. C33240 development of the City's thresholds, the issues addressed may be further defined, modified, replaced, or dismissed. 7.2 Prepare Notice of Preparation PMC will prepare a Notice of Preparation (NOP) that includes a brief project description and a summary of the probable significant effects on the environment resulting from adoption and implementation of the Palm Desert General Plan Update. As the City is anticipating preparation of a comprehensive EIR addressing all required topics under CEQA, we will not prepare an Initial Study. The NOP will describe where relevant project documents are available for review, where written comments on the scope of the EIR may be sent, and the deadline for submitting comments. The NOP will also identify the date and location of a public scoping meeting to be held for the project. The NOP will be circulated for public comment for 30 days, as required under CEQA. As part of the NOP release, we will assist the City in preparing the necessary correspondence requesting Native American consultation required by SB 18. 7.3 Conduct Scoping Meeting The R+A Team will facilitate a scoping meeting during the NOP comment period. To promote attendance by both agencies and the general public, we recommend staging the meetings as one roundtable presentation in the mid-afternoon (primarily for agency staff), followed by a study session or agenda item designed for the general public before the Planning Commission on the same evening. R+A will prepare comment cards and a PowerPoint presentation for the scoping meeting and will present an overview of the environmental review process for the project. 7.4 Prepare Administrative Draft Program EIR PMC, in association with other team members, will prepare an administrative Draft Program EIR evaluating the potentially significant impacts that would result from implementing the Palm Desert General Plan Update. The EIR will contain all of the information and topics outlined in Sections 15120 to 15132 of the State CEQA Guidelines, and will be comprised of the following sections. Executive Summary The Executive Summary will clearly summarize the main findings of the EIR. It will include a summary table that summarizes the impacts, the significance of each impact before mitigation, any recommended mitigation measures (if required), and the significance of each impact after mitigation. The Executive Summary will also summarize areas of controversy, alternatives, and any significant and unavoidable impacts. 31 Contract No. C33240 Introduction The introduction will describe the organization, type, and use of the EIR; the environmental review process; the focus of the EIR analysis; other documents used to prepare the EIR; lead and responsible agencies; and opportunities for public comment. Project Description The project description will be based on the contents of the Palm Desert General Plan Update and will include the regional and local setting, project history, project objectives, project characteristics and components, phasing and implementation, and other information important to understanding the proposed project. It will also describe how the Program EIR can be used to streamline environmental review for later activities consistent with the Palm Desert General Plan Update. Below is an outline of the anticipated review process: • Determine whether the later project is consistent with or further implements the Palm Desert General Plan Update This evaluation would include later projects consistent with SCAG's Sustainable Communities Strategy (CEQA Guidelines Sections 15168, 15183, and 15183.5, SB 375, and SB 226). • Evaluate whether the later project would have environmental effects that are unique or peculiar to the project or parcel or would result in impacts not previously considered in the Program EIR. The later project's anticipated environmental effects would be compared against conclusions of the Program EIR. This would be done using a customized checklist similar to CEQA Guidelines Appendix G, provided as an appendix to the EIR (CEQA Guidelines Sections 15152 and 15183). • Determine and document whether the later project is covered by the Program EIR or determine the extent of environmental review for the later project. This would either identify that the Program EIR addresses the later project and no further environmental review is required, or would focus the environmental analysis for the later project to issues not addressed by the Program EIR. Setting, Impacts and Mitigation Measures PMC will describe the existing setting, and will identify impacts that would result from implementation of the Palm Desert General Plan Update, the level of impact significance, mitigation measures to reduce the impact to a less than significant level, residual impacts, and any unavoidable significant impacts. Because we propose that the Palm Desert General Plan Update be self-mitigating to the extent possible, mitigation and monitoring measures should become part of the Plan's implementation program. The EIR will also describe the regulatory framework for each topic area, and identify portions of the Palm Desert Municipal Code that can mitigate potential impacts. 32 Contract No. C33240 A comprehensive EIR addressing all topic areas specified within CEQA is proposed and, unless specific topics are excluded through the Scoping process. The topics are: • Aesthetics • Agriculture • Air quality • Biological resources • Cultural resources • Geology/soils • Hazards and hazardous materials • Hydrology/water quality • Land use/planning • Mineral resources • Noise • Population/housing • Public services • Recreation • Transportation/traffic • Utilities/service systems Certain sections of the EIR will require a high level of effort and significant technical analysis. These sections are listed and described below. Air Quality Rincon will prepare a CEQA-level Air Quality technical study, which will be documented in the EIR. The study will include a description of the project undertaking, the air quality regulatory and environmental setting, description of the methodology, analysis of potential impacts, and mitigation measures to avoid, reduce, or mitigate potential impacts to air quality, if necessary. The following steps will be undertaken to complete the study pursuant to guidance provided by the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook and Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning (General Plan Guidance). The Air Quality technical study will include a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. Rincon will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations in the area provide a summary of available ambient monitoring data. Rincon will also define the thresholds of significance for CEQA consideration, based on SCAQMD and City criteria and guidelines. The General Plan does not include any specific development proposals. Therefore, the analysis of temporary construction impacts will be qualitative in nature. SCAQMD thresholds for key pollutants of concern - volatile organic compounds (VOCs), nitrogen 33 Contract No. C33240 oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), respirable particulate matter (PM10), and fine particulate matter (PM2.5) — will be discussed, as will SCAQMD rules and regulations pertaining to control of construction-related emissions. The general type and size of project that may generate emissions exceeding SCAQMD thresholds will be identified, as will areas where potential future construction activity could adversely affect sensitive receivers. Rincon will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project-generated vehicle trips and stationary source emissions related to energy demand (i.e., natural gas consumption). This emission inventory will be compiled using CalEEMod and will be performed for the General Plan forecast year. Emissions will be compared to SCAQMD regional forecasts to determine whether the General Plan may have the potential to delay attainment of state or federal air quality standards. Rincon will also identify the potential for CO hot spots that may be caused or exacerbated by implementation of the General Plan as well as areas where sensitive land uses (such as residences) may be located within areas subject to exposure to elevated levels of diesel particulates or other toxic air contaminants. The analysis will consider motor vehicle volumes provided in the traffic study and the proximity of proposed sensitive land uses to high traffic levels. We have assumed that the CO hot spot evaluation will include screening level analysis of up to five local intersections. Cultural Resources Rincon will provide historic preservation, archaeological, and paleontological analysis for the Draft EIR, which will reflect the scope of issues arising from proposed General Plan update and offer strategic advice in relation to key historic preservation issues. Rincon will analyze the potential impacts of development facilitated by the General Plan against the CEQA significance thresholds for cultural resources and consider whether General Plan development may conflict with applicable goals, policies, or programs of the Archaeological & Cultural Resources Element. If deemed necessary, Rincon's cultural resources experts will provide mitigation recommendations to reduce potential impacts. Rincon will also provide recommendations for any specific research/assessments/ studies regarding potential historic resources. Archaeological documentary research will include a review of relevant published scholarly literature, a search of archaeological and historic maps, records and reports for the City of Palm Desert area in the California Historical Resources Information System (CHRIS) on file at the Eastern Information Center, and a search of the California Native American Heritage Commission's (NAHC's) Sacred Land Inventory. Additionally, Rincon will consult with Historical Society of Palm Desert regarding any archaeological and Native American collections which the society may curate. Rincon will consult with appropriate Cahuilla and other Native American traditional cultural practitioners identified by the NAHC to identify places of cultural importance to 34 Contract No. C33240 tribes for which the City of Palm Desert is part of their traditional aboriginal territories. Consulted Native American representatives will be invited to identify any concerns regarding the General Plan update and cultural resources. Historical resources documentary research will include a review of relevant literature, including previous survey reports, inventories, assessments and reports available for the area through the CHRIS SCCIC as well as the City of Palm Desert and the Historical Society of Palm Desert. Records to be consulted may include but may not be limited to the recent citywide survey (2011) as well as the museum and archives maintained by the Historical Society of Palm Desert, relevant City documents (municipal codes, regulations, planning reports); historical materials (period newspaper articles, photographs, maps), and published local histories. Energy Use and Greenhouse Gas Emissions With regard to energy conservation, PMC staff will build off their previous work on the Energy Action Plan and work with the California Energy Commission (CEC) and service providers where possible to identify energy use data to characterize the existing and future energy use. Greenhouse Gas Emissions Energy demands associated with the proposed General Plan Update will be identified and analyzed against projected regional energy availability. The analysis will also determine whether the General Plan Update would cause energy to be consumed in an inefficient manner. PMC will prepare a greenhouse gas (GHG) emissions impact analysis section. We will draw heavily on GHG reduction measures and analysis completed as part of the General Plan Update. We will summarize federal, state, and local GHG-related regulations, policies, and programs, and identify Palm Desert General Plan Update policies and implementation programs that can reduce GHG emissions. In coordination with City staff, PMC will consult with the SCAQMD regarding appropriate methodologies to assess impacts. The analysis will use the most current plan-level thresholds of significance considered or identified by the SCAQMD. The determination of significance will be based on whether the level of GHG emissions generated with implementation of the Palm Desert General Plan Update would constitute a substantial contribution to the significant adverse cumulative impacts of global climate change. If the construction or operation of projects consistent with the Palm Desert General Plan Update would violate the applicable thresholds of significance, mitigation measures (quantitative and best management practices) that clearly identify timing, responsibility, and performance standards to avoid or fully reduce adverse and potentially adverse effects will be developed and applied, where necessary, using guidance from CAPCOA and SCAQMD. To the extent practical, PMC will recommend incorporating these measures as Palm Desert General Plan Update policies or implementation programs. 35 Contract No. C33240 Noise Rincon will prepare the Noise section of the EIR based on the technical noise study, which will: establish standards of significance, policies and guidelines; describe the existing setting; and analyze potential noise and vibration impacts related to construction activities, surface transportation, and other aspects of the operation of individual projects that are noise intensive or that have the potential to generate substantial noise. Potential noise increases along major roadways will be calculated and forecast noise levels will be compared to proposed standards to determine whether or not General Plan implementation would create potential noise compatibility issues. Other areas of potential noise incompatibilities (e.g., areas where residential and industrial uses abut, mixed use districts) will also be identified. As necessary, Rincon will develop mitigation measures to address any compatibility impacts, focusing on solutions related to design and use of sound-attenuating building materials. Transportation and Traffic PMC will prepare the Transportation and Traffic section of the EIR based on a technical report completed by Fehr & Peers. Fehr & Peers will summarize the previously developed existing conditions analysis for inclusion in the transportation impact study. Using the Citywide Travel Demand Model developed in Task 3, Fehr & Peers will estimate local and regional growth in transportation demand, based on future land use forecasts and known regional transportation network changes. Future land use estimates for the City of Palm Desert will be vetted with the project team and City staff prior to running the model to forecast future conditions. Future roadway traffic volumes and LOS will be estimated using the verified land use forecasts and General Plan transportation network. Transportation impacts associated with the General Plan will be evaluated in accordance with the standards identified in Phase 1. Mitigation measures will be identified to address impacts associated with the general plan. Fehr & Peers will also support the project team in its development and quantification of General Plan sustainability strategies through the following: • Assisting with the development of any GHG reduction targets. • Calculating the effectiveness of national and statewide strategies related to transportation. • Developing VMT and GHG reduction strategies related to transportation. Fehr+ Peers will then prepare a draft report for review and submittal. Water Supply With regard to water supply, PMC will use existing documentation on water supply planning for the City to address future water supply demands and the anticipated ability to provide service (i.e., 2010 Urban Water Management Plan). This will include a discussion and analysis of the possible water supply sources and associated infrastructure, competing interests and needs for water supply, and the associated 36 Contract No. C33240 environmental effects of water supply provision (consistent with State Supreme Court CEQA decision under Vineyards Area Citizens for Responsible Growth v. City of Rancho Cordova). Cumulative Impact Summary An EIR must also discuss cumulative impacts of a project pursuant to CEQA Guidelines Section 15130. PMC will prepare a cumulative analysis summary that addresses each topic covered in the environmental analysis and will identify appropriate mitigation measures for any significant impacts. The analysis will assess the cumulative impacts of implementing the Palm Desert General Plan Update relative to SCAG regional forecasts. Alternatives An EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. PMC will coordinate with City staff during preparation of the Palm Desert General Plan Update to develop and analyze up to three (3) alternatives to the proposed project, in addition to the no project alternative. Other CEQA Requirements The EIR will include other required sections, including growth-inducing impacts of the project, significant irreversible environmental effects, and a summary of significant and unavoidable impacts of the project. The growth inducement analysis will discuss ways in which the Palm Desert General Plan Update could indirectly or directly foster economic or population growth. This could include construction of additional housing or projects which would remove obstacles to population growth. Environmental Review Checklist for Subsequent Projects While not required under CEQA, PMC will include an environmental review checklist that could be adopted as part of the Palm Desert General Plan Update which would expand the City's use of the State CEQA Guidelines Appendix G checklist for future projects consistent with the Palm Desert General Plan Update by using the thresholds and mitigation identified in the EIR. The purpose of this checklist will be to identify when subsequent projects are fully or partially addressed in the environmental analysis in the Program EIR and to what extent further environmental review would be required. This checklist will be designed with items specific to Palm Desert and would utilize and cross-reference analyses in the EIR. PMC will provide the administrative draft EIR to the City for review and comment. One round of administrative draft review is anticipated. 7.5 Prepare public draft EIR 37 Contract No. C33240 PMC will incorporate one round of consolidated City comments on the Administrative Draft EIR and submit a Screencheck Draft EIR, followed by a Public Draft EIR and Notice of Availability to the City for distribution for a 45-day public comment period. PMC will file 15 copies of the Executive Summary and 15 CDs of the entire document (as preferred by the State Clearinghouse) and an NOC with the State Clearinghouse. The City will distribute the EIR to interested stakeholders and/or publish the Notice of Availability in a newspaper of general circulation. 7.6 Response to Comments and Final EIR PMC will review the comments received during the public review period on the Draft EIR. We will compile the responses to comments and make necessary changes to the Draft EIR to create the Administrative Final EIR. The Administrative Final EIR will include an introductory chapter, enumerated comment letters and public hearing comments on the Draft EIR, responses to all comments on the Draft EIR, and a listing of revisions to the Draft EIR. The Draft EIR will not be reprinted as part of the Final EIR. Any revisions to the text or analysis of the Draft EIR would be noted by Draft EIR page location within the Final EIR. PMC has provided a reasonable estimate of the level of effort required to prepare responses to comments based on our experience with similar projects. PMC will respond to comments related to the potential physical impacts of the proposed project as they relate to the analysis of the EIR within the estimated level of effort. Responses will involve explanation and clarification of the contents of the Draft EIR. New technical analysis will not be conducted as part of the response to comments. If the EIR proposes formal mitigation measures that are not otherwise addressed by Palm Desert General Plan Update policies or implementation programs, PMC will prepare a draft mitigation monitoring and reporting program (MMRP). The monitoring plan will incorporate features to monitor the success of mitigation, determine responsible parties for monitoring proposed mitigation, describe the role of the project proponent, identify guidelines and specifications for conducting monitoring and reporting results, and specify enforcement procedure for noncompliance. Upon receiving comments on the Administrative Final EIR and MMRP, PMC will revise the documents and prepare the Final EIR for distribution. The City will prepare the Findings and Statement of Overriding Considerations, if necessary. If requested by the City, PMC can prepare the Findings and Statement of Overriding Considerations on an additional time-and-materials basis. Task 7 Deliverables: • Screencheck Draft NOP (electronic) and Public Draft NOP (electronic), NOC, NOA, newspaper notice, and correspondence initiating SB 18 consultation. • One (1) scoping meeting, split into two (2) presentations, as described above, PowerPoint presentation, comment cards 38 Contract No. C33240 • Administrative Draft EIR (three hard copies, plus one electronic) • Screencheck Draft EIR (three hard copies, plus one electronic), Draft EIR (15 State Clearinghouse submittals + electronic), one public meeting, Notice of Availability (electronic), NOC for delivery to the State Clearinghouse (electronic) • Administrative Final EIR (3 copies + electronic), draft Mitigation Monitoring and Reporting Program MMRP)(electronic), Final EIR (10 copies + electronic) Task 8: Public Review and Adoption Following the completion of the draft documents, the team will move the documents through public review and adoption process. The specific tasks are discussed below. 8.1 Planning Commission Hearings R+A will prepare for and attend up to two Planning Commission hearings on the final General Plan, Corridor Plan, and EIR. 8.2 City Council Hearings R+A will prepare for and attend up to two certification and adoption hearings on the final General Plan, Corridor Plan, and EIR with the City Council. 8.3 Preparation of Final Documents Following certification and adoption of the Palm Desert General Plan, Highway 111 Corridor Plan, and EIR, R+A will complete minor graphic and/or textual revisions to the General Plan within state law and the stated budget, at the discretion of the City. Task 8 Deliverables: • Attendance at up to 2 Planning Commission hearings • Attendance at up to 2 City Council hearings • Preparation of a single, brief (20 slide; 20 minute) presentation for use at both the City Council and Planning Commission Hearings • Preparation of the Final General Plan, Corridor Plan, and EIR (Note the level of changes are limited to the hours listed in the project budget) Task 9: On-Going Project Management R+A will serve as the Project Manager and Prime Consultant for this project. As such, R+A will work closely with City staff, manage all subconsultants, maintain the project schedule, and track project costs. R+A will communicate regularly with staff., including monthly three-hour team meetings at the City's offices, monthly (or more frequent if necessary) conference calls, and email and phone communication as needed throughout the project. 39 Contract No. C33240 In addition to regularly scheduled project management meetings, R+A will organize a series of team meetings where consultants can meet with City staff throughout the project. These meetings will be an opportunity for the team to brainstorm and work together on critical project issues. Note that the number of meetings and conference calls attended by each sub-consultant varies depending on their level of involvement in the project. Task 9 Deliverables • Monthly in-person meetings with City staff • Monthly conference calls with City staff • Ongoing email and phone communication with City staff • Topic-specific team meetings as needed, subject to budget 40 NOW %NW10, Contract No. C33240 EXHIBIT "B" SCHEDULE OF SERVICES Task Completion Date Task 1: Project Initiation 1.1 Project Initiation Meeting June 6, 2014 1.2 Collect Information and Develop GIS Database June 13, 2014 1.3 Kick-Off Team Meeting/Tour June 6, 2014 Task 2: Community Engagement 2.1 Technical Working Group July 31, 2015 2.2 Stakeholder Interviews June 13, 2014 2.3 Highway 111 Corridor Plan Workshops January 30, 2015 2.4 Draft General Plan Public Workshops July 31, 2015 Task 3: Background Report 3.1. Review and Assess Reports, Studies, and Regulations June 30, 2014 3.2 Prepare Background Report Outline June 30, 2014 3.3 Admin Draft Background Report July 16, 2014 City Review of Background Report July 31, 2014 3.4 Traffic Model Update July 31, 2014 3.5 Final Background Report August 29, 2014 Task 4: General Plan Vision and Alternatives 4.1 Develop Vision and Alternatives September 26, 2014 City Review of Vision and Alternatives October 10, 2014 4.2 Conduct Alternatives Analysis October 31, 2014 City Review of Alternatives Analysis November 7, 2014 4.3 Create Final Land Use and Transportation Plan December 5, 2014 Task 5: General Plan 5.1 General Plan Outline and Policy Framework December 12, 2014 City Review of General Plan Outline and Policy Framework December 19, 2014 5.2 Administrative Draft General Plan March 17, 2015 City Review of Administrative Draft General Plan March 31, 2015 5.3 Screencheck Draft General Plan Aril 16, 2015 City Review of Screencheck Draft General Plan Aril 30, 2015 15 Contract No. C33240 5.4 Public Draft General Plan June 5, 2015 Task 6: Highway 111 Corridor Plan 6.1 Framework Plan of Development and Alternatives October 17, 2014 City Review of Framework Plan and Alternatives October 24, 2014 6.2 Preferred Framework and Vision Plan December 1, 2014 City Review of Preferred Framework and Vision Plan December 12, 2014 6.3 Administrative Draft Corridor Plan February 6, 2015 City Review of Administrative Draft Corridor Plan February 20, 2015 6.4 Public Review Draft Corridor Plan May 8, 2015 Task 6: Environmental Impact Report 7.1 Establish Thresholds of Significance November 14, 2014 7.2 Prepare Notice of Preparation November 21, 2014 30-Day Public Review Period December 22, 2014 7.3 Conduct Scoping Meeting December 22, 2014 7.4 Prepare Administrative Draft Program EIR Aril 24, 2015 City Review of Administrative Draft Program EIR May 22, 2015 7.5 Prepare Public Draft EIR June 23, 2015 45-Day Public Review Period August 10, 2015 7.6 Response to Comments and Final EIR September 18, 2015 City Review of Response to Comments and Final EIR October 16, 2015 7.7 Completion of Responses to Comments and Final EIR October 30, 2015 Task 8: Public Review and Adoption 8.1 Planning Commission Hearings November 30, 2015 8.2 City Council Hearings December 31, 2015 8.3 Preparation of Final General Plan January 31, 2016 15 Contract No. C33240 EXHIBIT "C" COMPENSATION Labor Cost Compensation Summary Per Task Tasks Task 1: Project Initiation $ 19,790 Task 2: Community Engagement $ 61,480 Task 3: General Plan Background Report $ 161,530 Task 4: General Plan Vision and Alternatives $ 64,280 Task 5: General Plan $ 143,660 Task 6: Highway 111 Corridor Plan $ 95,740 Task 7: Environmental Impact Report $ 1621240 Task 8: Public Review and Adoption $ 29,360 Task 9: On-Going Project Management $ 24,120 General: Management of Subconsultants $20,220 Expenses (line item—to be billed as percentage complete, not as reimbursables) $ 171283 Grand Total $799,703 Contract No. C33240 EXHIBIT"C" (CONTINUED) HOURLY BILLING RATES o Principal $185 Q Senior Planner $150 + Public Health Specialist $125 cz Planner/Designer $100 Project Assistant $65 c C Principal $180 o c Senior Designer/Planner $150 Designer/Illustrator $120 Project Manager $165 Principal Planner $195 U Senior Planner/Facilitator $130 Associate Planner $110 CL Assistant Planner $90 Web Developer/Graphics $95 Tech Edit/WP $75 Cn Principal $225 `m Senior Planner $160 am °" Planner/ + Engineer $135 u- Graphics/ Admin. $115 w Principal $180 rn Principal $180 c . 0 Sr.Associate $135 c o Associate $115 UI Graphics $75 o o o o o 'D 00 'D 00 00 0 00 tq (A, 0 0 0 O�, 0 0 0 0 0'' 8000000 ��8 'o 3 8 W, a,, 2, oo to rn w ' 0 o- on 't m u) q "o o�O!P LJI 5� 8 n To, N in N N o N Zn oo -i M 1-4 m - r, kc�a(! in to rl 'D m o Lr�c; n� LK m rr� rq wz Lr� I-z ll� a) a, a, cr� -I'-Ir to In oo Lo 'D m "T ft) a, cn m ID 0 o 0 w Ar o 0 N In Cbo 0 w w to oo o Ln o o oo � fbrlm o lo al oo b 0 o ti w co IL It co T o CL Co M C) 0 C' C' C, + Ln M 0 8 Ir rl o o . . . 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N0: 019101 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 DATE: 06/20/14 TELEPHONE (760) 346-0611 FAX (760) 341-4564 I t a TO: RAIMI & ASSOCIATES INC SHIP TO: City of Palm Desert 2000 HEARST AVENUE ATTN: PLANNING STE 306 73-510 FRED WARING DRIVE BERKELEY, CA 94709 PALM DESERT, CA 92260 VENDOR NO. 13413 DELIVER BY SHIP VIA F.O.B. TERMS 04/30/16 NET CONFIRM BY CONFIRM TO REQUISITIONED BY SEE REQUISITIONER JRB L.AYLAIAN/MO FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ.NO. I REQ. DATE 40044704123919 21546 06 19 14 ITEM NO.AND DESCRIPTION UNIT COST EXTENDED min, COST 1 799703 . 00 DL PROF-CONSULTING SRV 1 . 0000 799703 . 00 SULTANT TO PREPAREAN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN AND PREPARE THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT SUBJECT TO FINAL REVIEW AND AP�ROVAL OF THE CITY ATTORNEY. CITY COUNCOL APPROVED: 4/24/2014 CONTRACT NO: C33240 SUB-TOTAL 799703 . 00 TOTAL 799703 . 00 REMARKS: **NOTE** Payments will not be processed by the requestinq department until a sign d contract s received by the City Clerk. ******* o AUTHORIZED BY 'J INVOICE PAID AMOUNT PAID PURCHA G FFICER APPROVED FOR PAYMENT / `y _QtLA%A �7. SEE REVERSE SIDE - INSTRUCTIONS associates G vim' INVOICE Palm Desert General Plan Update Invoice to: Invoice# Date - Lauri Avlaian 14-944 12/31/14 $28,257.85 City of Palm Desert R+A 14002 M8-No Cover letter Contract#C33240 Contract#C33240 PO#019101 laylaian@cityofpalmdesert.org Vendor#13413 73-510 Fred Waring Drive Palm Desert,CA 92660 Terms:Due on receipt Summary of Charges Amount 2.1 Technical Working Group $600.00 2.3 Highway 111 Corridor Plan Workshops $3,050.00 3.3 Admin Draft Background Report $1,300.00 3.5 Final Background Report $800.00 9.1 On-Going Project Management $130.00 PMC $5,165.00 PMC Exp 2.49/6 of Labor $123 96 Fehr+Peers $16,280.40 Office Exp 4.36%of Labor $256.36 Sub Mgmt Fee 9.39%of Labor $552.13 AMOUNT DUE(THIS INVOICE) P$28,257.85 2000 Hearst Ave,Suite 306 Berkeley,CA 94709 (510)394-3712:Accounting ass ciatea . ... ., . . INVOICE Palm Desert General Plan Update Detail: Summary of Time Charges Rate Hours Amount 2.1 Technical Working Group Matt Burris $150.00 4 $600.00 $660.00 2.3 Highway 111 Corridor Plan Workshops Brynn McKieman 9/1 $65.00 10 $650.00 Leeanne Singleton $100.00 9 $900.00 Matt Burris $150.00 10 $1,500.00 $3,050.00 3.3 Admin Draft Background Report Brynn McKiernan 9/1 $65.00 20 $1,300.00 $1,300.00 3.5 Final Background Report Leeanne Singleton $100.00 8 $800.00 $800.o0 9.1 On-Going Project Management Sharyce munson. $65.00 2 $130.00 $130.00 Total Time Charges: $5,880.00 2000 Hearst Ave,Suite 306 Berkeley,CA 94709 (510)394-3712:Accounting NOOK § 2 0 � _ \ e � LO � I I co k 2 - > > 0) 0) G ° o » 0 2 2 z z R ] z * 2 � e � e e 2 ) k § § k § k o %k } £ E £ £ £ £ z ( o a% a 0- CL CL ■u x x x x . o 0 o 0 o o 0 0 o 0 0 m _ _ o CD -it 40 'ton w , o 0 o 0 0 0 0 0 g 0 o 0 _ R k R 10 # � _ k # # k a G w w % d N / § 7 k k k o Q � 2 ■ ■ � - ( k a - 2 S - _ _ _ 2 - W k 8 2 CD 0 8 8 a § ' i i , 2 ) 2 k 7 $ § B B ® - - - - - - - - - � § § a d J . ® y j ) 0! k /& ) ) /& § § } LL LL § = a 7 2 \ @ E k 'E z m 2 �m o } \ \ \ \ } \ 04/ \ \ \ \ \ / \ \ \ \ p ) ) ) ) cc m ) ) ) a- } $ x@ CD e CD e m ) © - A A§ co0 CD ) § _ _ % _ % ] e ] co� f $ e $ e ° 3 © 3 k k k k e k k 8 ■ ° § ` , 2 2 g \ m ■ 2 A i x 2 £ I a CL ƒ ƒ a ƒ ) CL a & ■ ■ £ a a > IL CL a a 1 0 INVOICE .�iraimi - associates the 'liw3 re 1j ca-Rirlurtjtf Lauri Avlalan Date 12/31/14 City of Palm Desert Invoice Number: 14-944 Contract#C33240 Amount Due: $28,257.85 Iaylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings(%of Estimate) Billings(S) Description Total Previous This Inv. Total Previous This Invoice Professional Fees 1.1 Project Initiation Meeting $1,570.00 99.68% 99.68% - $1,565.00 $1,565.00 - 1.2 Collect Information&Develop GIS $2,900.00 99.74% 99.74% - $2,892.50 $2,892.50 Database 1.3 Kick-Off Team Meeting/Tour $2,680.00 100.19% 100.19% -- $2,685.00 $2,685.00 2.1 Technical Working Group $16,300.00 52.63% 48.95% 3.68% $8,578.75 $7,978.75 $600.001/ 2.2 Stakeholder Interviews $2,600.00 9;710/6 99.71% -- $2,592.50 $2,592.50 — y 2.3 Highway 111 Corridor Plan Workshops $7.480.00 40.37% 49.60% 40.78% $6,760.00 $3,710.00 $3,050.00 2.4 Draft General Plan Public Workshops $7,300.00 - — t7/ 3.1.Review and Assess Reports,Studies, $7,660.00 51.96% 51.96% — $3,980.00 $3,980.00 and Regulations zv�/ 3.2 Prepare Background Report Outline $1,330.00 99.81% 99.81% — $1,327.50 $1,327.50 - 3.3 Admin Draft Background Report $18,320.00 87.72% 80.62% 7.10% I�iT file g po $16,070.00 $14,770.00 $1,300.00 0 fe 3.5 Final Background Report $3,610.00 38.78% 16,62% 22.16% $1,400.00 $600.00 $800.00/' 4.1 Develop Vision and Alternatives $7,240.00 — -- -- -- 4.2 Conduct Alternatives Analysis $8,760.00 4.3 Create Final Land Use and $11,260.00 Transportation Plan Vol tn( 5.1 General Plan Outline and Policy $5,700.00 Framework 5.2 Administrative Draft General Plan $27,300.00 5.3 Screencheck Draft General Plan $20,880.00 5.4 Public Draft General Plan $14,740.00 — - - -- 6.1 Framework Plan Development and $2,400.00 Alternatives 6.2 Preferred Framework and Vision Plan $5,200.00 — — -- — - - 6.3 Administrative Draft Corridor Plan $3,980.00 - — - — — — 6.4 Public Review Draft Corridor Plan $1,000.00 - - - - 7.1 Establish Thresholds of Significance $600.00 - 7.2 Prepare Notice of Preparation $300.00 — - - -- — 7.3 Conduct Scoping Meeting $600.00 — - - -- 2000 Hearst Ave,Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting INVOICE gm b-q � assa ciates the 5iiitire of cummunill Lauri Avlaian Date 12/31/14 City of Palm Desert Invoice Number: 14-9" Contract#C33240 Amount Due: $28,257.85 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings(%of Estimate) Billings(i) Description Total Previous This Inv. Total Previous This Invoice Professional Fees 7.4 Prepare Administrative Draft Program $2,400.00 EIR 7.5 Prepare Public Draft EIR $600.00 7.6 Response to Comments and Final EIR $1.200.00 8.1 Planning Commission Hearings $2,400.00 - - - 8.2 City Council Hearings $2,400.00 - - - - - 8.3 Preparation of Final General Plan $5,840.00 - - - 9.1 On-Going Project Management $18,840.00 3.47% 2.78% 0.69% $653.75 $523.75 $130.00 Office Exp 4.36%of Labor $9,385.00 13.22% 10.49% 2.73% $1,241.07 $984.71 $256.36 Sub Mgmt Fee 9.39%of Labor $20,220.00 23.82% 21.09% 2.73% $4,816.96 $4,264.83 $552.13 Subtotal:Professional Fees $244,995.00 22.27% 19.54% 2.73% $54,563.03 $47,874.54 $6,688.49 V Reimbursable Expenses / STP $145,920.00 27.91%v 27.91% - $40,726.20 $40,726.20 -- STP 3.0%of Labor $4,398.00 / - - - - - PMC $147,020.00 29.42%J 5.91% 3.51% $43,251.25 $38,086.25 $5,165.00J : Yt PMC Exp 2.4%of Labor $3,500.00 6.66% /3.12% 3.54% $233.10 $109.14 $123.96 Fehr+Peers $206,880.00 23.50% V 15.63% 7.87% $48,615.40 $32,335.00 $16,280.40 MR+E $27,000.00 34.67% 34.67% - $9,360.00 $9,360.00 - Rincon Consulting $19,990.00 39.32% 39,32% - $7,859.87 $7,859.87 Subtotal:Reimbursable Expenses $554,708.00 27.05% 23.16% 3.89% $150,045.82 $128,476.46 $21,569.36 Overall Totals: $799,703.00 25.59% 22.05% 3.53% $204,608.85 $176,351.00 $28,257.85 AMOUNT DUE(THIS INVOICE) $28,257.85 R+A 14002 MB-No Cover letter Contract#C33240 PO#019101 Vendor#13413 2000 Hearst Ave,Suite 306 Berkeley,CA 94709 (510)394-3712:Accounting 2729 Prospect Park DrWe,Suite 220 Rancho Cordova,CA 95670 (916)361-8394 phone (916)361-1574 Fax INVOICE COVERSHEET Invoice: 41950 Date: December 16,2014 PROJECT: 14-0127 PALM DESERT GENERAL PLAN UPDATE Task % Previous Actual To Balance Task Description Amount Complete Billing Date Remaining Current Fee BG#001 Project Initladon 1.3-Kick Off Team MeetingfTour 1,320.00 100.00% 1,320.00_ 1,320.00 Sub Total 1,320.00 100.00% 1,320.00 1,320.00 BG#002 Community Engagement 2.1-Technical Working Group 1,320.00 0.00% - - 1320.00 2.4-Draft General Plan Public Workshops 1,320.00 0.00% 1,320.00 Sub Total 2,640.00 0.00% 2,640.00 BG#003 General Plan Background Report 3.1-Review and Assess Reports,Studies,and Regulations 2,260.00 100.00% 2,260.00 2,260.00 - 3.3-Admin Draft Background Report 7,720.00 100.00% 7,720.00 7,720.00 3.5-Final Background Report 1,490.00 99.50% 1,482.50 7.50 1482 50 Sub Total _ _ 11,470.00 99.93% 9,980.00 11 462.50 7.50 1,482.50 BG#004 General Plan Vision and Alternatives 4.2-Conduct Alternatives Analysis 2,200.00 0.00% 2,200.00 - Sub Total 1200.00 0.00% 2,200.00 BG#005 General Plan 5.1-General Plan Outline and Policy Framework 9,840.00 0,00% _ 9,840.00 5.2-Administrative Draft General Plan 3,900.00 0.00% 3,900.00 5.3-Screencheck Draft General Plan 1,640.00 0.00% 1,640.00 5.4-Public Draft General Plan 2,360.00 0.00% 2,360.00 Sub Total 17740.00 0.00% 17740.00 BG#007 Environmental Impact Report 7.1-Establish Thresholds of Significance 920.00 0.00% 920.00 7.2_Prepare Notice of Preparation 2,130.00 0.00% 2,130.00 7.3-Conduct Scoping Meeting 2,130.00 0.00% 2,130.00 7.4-Prepare Administrative Draft Program EIR 50 400.00 57.67% 25 466.25 29,066.25 21,333.75 3,600.00 7.5-Prepare Public Draft EIR _ -- - 29,530.00 0.00%____ -__ 29,530.00 7.6-Response to Comments and Final EIR 18 620.00 0.00% 18,620.00 Sub Total __ 103,730.00 28.02% 25,466.25 29 066.25 74 663.75 3,600.00 BG#008 Publk Review and Adoption 8.1-Planning Commission Hearings 1,320.00_ 0.00% 1 320.00 --- - -- - - 8.2-_Cq_Uun_cilHearings_____________ 1,32_0.00 0.00% __ _- 1,320.00 Sub Total _ -640.00 0.00% 2,640.00 BG#009 On-Going Project Management 9.1-On-Going Project Management 5,280.00 26.56% 1,320.00 1402 50 3,877.50 82.50 Sub Total 5,280.00 26.56% 1,320.00 1,402.50 3,877.50 82.50 BG#010 EMenses _ Expenses 3,500.00 6 66% 109.14 233.10 3,266.90 123.96 Sub Total 3,500.00 6.66% 109.14 233.10 3,266.90 123.96 Totals: 150,520.00 28.89% 36,875.39 43,484.35 107,035.65 5,188.96 TOTAL THIS INVOICE: 51288.96 '"m' IWO., PM C INVOICE 2729 Prospect Park Drive Suite 220 Rancho Cordova,CA 95670 (916)361-8384 Matt Burris December 16,2014 Raimi+Associates Invoice No: 41950 2000 Hearst Avenue,Suite 306 Berkeley,CA 94709 Project Manager Aaron Pfannenstiel Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Professional Services from November 01,2014 to November 28 2014 Billing Group __ 003_ _ _ _ General Plan Background Report Labor Code 03.5 Final Background Report Professional Personnel Hours Rate Amount Associate Planner Manarolla,Xico 11/12/2014 3.50 110.00 385.00 Manarolla,Xico 11/13/2014 3.50 110.00 385.00 Manarolla,Xico 11/17/2014 6.00 110.00 660.00 Associate Biologist Pardo,Summer 11/12/2014 .50 105.00 52.50 Totals 13.50 1,482.50 Total Labor 1,482.50 Billing Limits Current Prior To-Date Total Billings 1,482.50 0.00 1,482.50 Limit 1,490.00 Remaining 7.50 Total this Labor Code $1,482.50 Total this Billing Group $1,482.50 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 41950 - - - - - - -- - -- - - - -- - - - - --- - - - - - - - - - -- -- - - - - - - - - - - Biiling Group 007 Environmental Impact Report Labor Code 07.4 Prepare Administrative Draft Program EIR Professional Personnel Hours Rate Amount Project Manager Pfannenstiel,Aaron 11/26/2014 2.00 165.00 330.00 Associate Planner Manarolla,Xico 11/18/2014 3.00 110.00 330.00 Manarolla,Xico 11/19/2014 3.50 110.00 385.00 Manarolla,Xico 11/20/2014 1.50 110.00 165.00 Manarolla,Xico 11/24/2014 3.00 110.00 330.00 Manarolla,Xico 11/25/2014 3.00 110.00 330.00 Manarolla,Xico 11/26/2014 2.50 110.00 275.00 Senior GIS Analyst Faoro,Jonathan 11/18/2014 3.00 110.00 330.00 Faoro,Jonathan 11/24/2014 3.00 110.00 330.00 Associate Biologist Pardo,Summer 11/13/2014 .50 105.00 52.50 Pardo,Summer 11/20/2014 1.00 105.00 105.00 Biologist Parker,Leslie 11/14/2014 2.00 85.00 170.00 Parker,Leslie 11/17/2014 2.50 85.00 212.50 Parker,Leslie 11/18/2014 1.00 85.00 85.00 Parker,Leslie 11/21/2014 2.00 85.00 170.00 Totals 33.50 3,600.00 Total Labor 3,600.00 Billing Limits Current Prior To-Date Total Billings 3,600.00 25,466.25 29,066.25 Limit 50,400.00 Remaining 21,333.75 Total this Labor Code $3,600.00 Total this Billing Group $3,600.00 Page 2 r Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 41950 - - — —— —— — — — — — ———— ———— —— — — —— — — — — — —— — — —— — —— — — — —— - Billing Group __ 009_ _ _ _ On-Going Project Management_ Labor Code 09.1 On-Going Project Management Professional Personnel Hours Rate Amount Project Manager Pfannenstiel,Aaron 9/2/2014 .50 165.00 82.50 Totals .50 82.50 Total Labor 82.50 Billing Limits Current Prior To-Date Total Billings 82.50 1,320.00 1,402.50 Limit 5,280.00 Remaining 3,877.50 Total this Labor Code $82.50 Total this Billing Group $82.50 Page 3 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 41950 - - — —— —— — — —— — — — —— — — — — — — — —— — — — — — — — —— — — — — — — — — — — — - Billing Group 010 Expenses Additional Fees 2.4%of Labor 123.96 Total Additional Fees 123.96 123.96 Billing Limits Current Prior To-Date Total Billings 123.96 109.14 233.10 Limit 3,500.00 Remaining 3,266.90 Total this Billing Group $123.96 Page 4 Project 14-0127 PALM DESERT GENERAL PLAN UPDATE Invoice 41950 Total this Invoice $5,298.96 Page 5 taw FEHRtPEERS INVOICE 96984 PROJECT PROGRESS REPORT Project: Palm Desert General Plan Time Period: September 27, 2014 to October 31, 2014 Invoice Dated: November 18, 2014 Invoice Amount: $9,620.40 Work Performed This Period: Task 3- General Plan Background Report • Collected data on available traffic counts for use in the traffic model validation • Reviewed available traffic count and roadway data from CVAG for use in validating Base Year Model • Developed TAZ boundaries for City of Palm Desert using RIVTAM Sincerely, FEHR&PEERS el J. Christopher J. Gray Principal OC 14-0321 FEHR PEERS 1 00 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 (925) 977-3200 Fax (925) 933-8007 Fed. ID 68-0065540 Sharyce Munson November 18,2014 Raimi&Associates,Inc. Project No: OC14-0321.00 2000 Hearst Avenue Invoice No: 96984 Suite 306 Project Manager Christopher Gray Berkeley,CA 94709 Project OC14-0321.00 Palm Desert Master Plan Professional Services for the Period: September 27_2014 to October 31_2014_ Phase 01 Project Initiation Professional Personnel Hours Rate Amount Engineer/PlannerI Huang,Elliot 2.00 120.00 240.00 Senior Administrative Assistant I Saroyan,Sona 1.00 125.00 125.00 Senior Administrative Assistant I Furey,Tina .50 115.00 57.50 Totals 3.50 422.50 Total Labor 422.50 Budget Summary Current Prior To-Date Total Billings 422.50 4,267.50 4,690.00 Total Budget 5,560.00 Remaining Budget 870.00 Phase Total $422.50 - - — ——— — —— — ——— — — —— —— — —— — — ——— — ——————— ——— — — —— ———— Phase 03 General Plan Backgroud Report Professional Personnel Hours Rate Amount Principal 1 Gray,Christopher 19.00 t' 215.00 4,085.00 Associate I Xu,Jinghua 20.00 175.00 3,500.00 Engineer/Planner III Herrmann,Paul .50 130.00 65.00 Totals 39.50 7,650.00 Total Labor 7,650.00 - c` DUE AND PAYABLE UPON RECEIPT Project OC 14-0321.00 Palm Desert Master Plan Invoice 96984 Budget Summary Current Prior To-Date Total Billings 7,650.00 24,342.50 31,992.50 Total Budget 90,380.00 Remaining Budget 58,387.50 Phase Total $7,650.00 -- ——— — — — — — — —— — — — — —— — ——— — —— — — — — — — — — — —— — — — —— ———- Phase 06 Highway I I I Condor Plan Professional Personnel Hours Rate Amount Engineer/Planner II Domingo,Daleingrid 9.00 125.00 1,125.00 Engineer/Planner I Huang,Elliot 2.00 120.00 240.00 Senior Administrative Assistant 11 Guerreiro-Ramos,Leah .50 125.00 62.50 Totals 11.50 1,427.50 Total Labor 1,427.50 Reimbursable Expenses Travel 120.40 Total Reimbursables 120.40 120.40 Budget Summary Current Prior To-Date Total Billings 1,547.90 0.00 1,547.90 Total Budget 5,400.00 Remaining Budget 3,852.10 Phase Total $1,547.90 TOTAL CURRENT INVOICE AMOUNT DUE: $9,620.40 Current Invoice Prior Billed Total Billed To Date Billing Summary 9,620.40 32,335.00 41,955.40 Outstanding Invoices Invoice Number Invoice Date Balance 96183 10/82014 5,505.00 95144-R 8/11/2014 18,710.00 95636-R 9/11/2014 8,120.00 Total 32,335.00 Total Current Balance $41,955.40 DUE AND PAYABLE UPON RECEIPT *Moor Project OC14-0321.00 Palm Desert Master Plan Invoice 96984 Billing Backup Saturday,December 27,2014 FEHR&PEERS Invoice 96984 Dated 11/18/2014 l 1:12:56 PM Project OC14-0321.00 Palm Desert Master Plan - - — ——— ——— —— — — — — — — — — — — —— — — — — — — — —— — —— —— — ———— ——— —- Phase 01 Project Initiation Phase Total $422.50 -- -- -- - - - - - - - --- - - - - ---- - - -- - -- - --- -- - - - - -- -- -- Phase 03 General Plan Backgroud Report Phase Total $7,650.00 -- ---- --- -- - - - - - - - - - - -- - - - - -- - - - - - - - - - -- -- - -- - - Phase 06 Highway I I I Corridor Plan Reimbursable Expenses Travel EX 000000010553 10/16/2014 Gray,Christopher/Project Meeting in Palm Desert/ 120.40 215.00 miles @ 0.56 Total Reimbursables 120.40 120.40 Phase Total $1,547.90 Project Total $9,620.40 Total this Report $9,620.40 DUE AND PAYABLE UPON RECEIPT FEHRtPEERS INVOICE 97708 PROJECT PROGRESS REPORT Project: Palm Desert General Plan Time Period: November 1, 2014 to November 28, 2014 Invoice Dated: December 17, 2014 Invoice Amount: $6,660.00 Work Performed This Period: Task 3-General Plan Background Report • Updated roadway network for City of Palm Desert using RNTAM • Verified TAZ loadings for new TAZ and roadway network by comparing against aerial photo data • Reviewed City comments on Draft Existing Conditions Report • Edited Existing Conditions report to respond to City comments Sincerely, FEHR&PEERS ate-J. Christopher J.Gray Principal OC14-0321 FEHRtPEERS 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 (925) 977-3200 Fax (925) 933-8007 Fed. ID 68-0065540 Sharyce Munson December 17,2014 Raimi&Associates,Inc. Project No: OC 14-0321.00 2000 Hearst Avenue Invoice No: 97708 Suite 306 Project Manager Christopher Gray Berkeley,CA 94709 Project OC14-0321.00 Palm Desert Master Plan Professional Services for the Period:_November 01 2014 to November 28 2014 Phase 03 General Plan Backgroud Report Professional Personnel Hours Rate Amount Principal I Gray,Christopher 4.00 215.00 860.00 Associate I Xu,Jinghua 30.00 175.00 5,250.00 Engineer/Planner I Sahimi,Michael 1.00 120.00 120.00 Senior Administrative Assistant I Saroyan,Sona 2.00 125.00 250.00 Totals 37.00 6,480.00 Total Labor 6,480.00 Budget Summary Current Prior To-Date Total Billings 6,480.00 31,992.50 38,472.50 Total Budget 90,380.00 Remaining Budget 51,907.50 Phase Total $6,480.00 - - ---- -- - - -- - - -- --- -- -- - --- - --- - --- - - - - - - ----- Phase 04 General Plan Vision and Alternatives Professional Personnel Hours Rate Amount Senior Administrative Assistant III Hyatt,Sandra .50 120.00 60.00 Totals .50 60.00 Total Labor 60.00 Budget Summary Current Prior To-Date Total Billings 60.00 0.00 60.00 Total Budget 12,980.00 Remaining Budget 12,920.00 DUE AND PAYABLE UPON RECEIPT too Project OC14-0321.00 Palm Desert Master Plan Invoice 97708 Phase Total $60.00 - - - - -- -- - - -- - --- ---- --- - - --- -- - - --- - -- - --- - -- - Phase 07 Environmental Impact Report Professional Personnel Hours Rate Amount Engineer/PlannerI Huang,Elliot 1.00 120.00 120.00 Totals 1.00 120.00 Total Labor 120.00 Budget Summary Current Prior To-Date Total Billings 120.00 0.00 120.00 Total Budget 41,140.00 Remaining Budget 41,020.00 Phase Total $120.00 TOTAL CURRENT INVOICE AMOUNT DUE: $6,660.00 Current Invoice Prior Billed Total Billed To Date Billing Summary 6,660.00 41,955.40 48,615.40 Outstanding Invoices Invoice Number Invoice Date Balance 96183 10/8/2014 5,505.00 96984 11/18/2014 9,620.40 Total 15,125.40 Total Current Balance $21,785.40 DUE AND PAYABLE UPON RECEIPT Project OC14-0321.00 Palm Desert Master Plan Invoice 97708 Billing Backup Saturday,December 27,2014 FEHR&PEERS Invoice 97708 Dated 12/17/2014 11:17:17 PM Project OC14-0321.00 Palm Desert Master Plan - - - --- -- - - --- - - - - - - --- -- - -- - --- - --- -- - - - -- -- - Phase 03 General Plan Backgroud Report Phase Total $6,480.00 - - -- -- --- --- - - -- -- -- -- -- - -- - - -- - --- - - - - - - - - -- Phase 04 General Plan Vision and Alternatives Phase Total $60.00 - - ——— — — — — — ——— — — — — — — — — — — — — — — — —— — — ——— —— — — — — — — — — Phase 07 Environmental Impact Report Phase Total $120.00 Project Total $6,660.00 Total this Report $6,660.00 DUE AND PAYABLE UPON RECEIPT . . ........................... r° ;live PAGE: 1 PURCHASE ORDER 3 �o� P.O. N0: 019101 ' 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 DATE: 06/20/14 TELEPHONE (760) 346-0611 FAX (760) 341-4564 4 TO: RAIMI & ASSOCIATES INC SHIP TO: City of Palm Desert 2000 HEARST AVENUE ATTN: PLANNING STE 306 73-510 FRED WARING DRIVE BERKELEY, CA 94709 PALM DESERT, CA 92260 VENDOR NO. 13413 DELIVER BY SHIP VIA F.O.B. TERMS 04/30/16 NET CONFIRM BY :CONFIRM TO REQUISITIONED BY SEE REQUISITIONER/JRB L.AYLAIAN/MO FREIGHT CONTRACT NO, ACCOUNT NO. PROJECT REQ. NO. REQ..DATE 40044704123919 21546 06/19 14 EXTENDED QUANTITY ITEM NO.AND DESCRIPTION iCOST 1 799703 . 00 DL PROF-CONSULTING SRV 1. 0000 799703 . 00 CONSULTANT TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN AND PREPARE THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT, SUBJECT TO FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY. CITY COUNCOL APPROVED: 4/24/2014 CONTRACT NO: C33240 SUB-TOTAL 799703 . 00 TOTAL 799703 . 00 REMARKS: **NOTE** Payymments will not be processed by the requestin de artment until a sign d contract s received by the City Clerk. ***** * 0 3 5�l INVOICE PAID AMOUNT PAID AUTHORIZED BY RC ... (�_ � 0015. - PUHA G FFICER ER APPROVED FOR PAYMENT I SEE REVERSE SIDE- INSTRUCTIONS �699664ates INVOICE Palm Desert General Plan Update Lauri Aylaian 15-978 02/28/15 V$4,095.00 City of Palm Desert R+A 14002 MB-No Cover letter Contract#C33240 Contract#C33240 Po#019101 laylaian@cityofpalmdesert.org Vendor#13413 73-510 Fred Waring Drive Palm Desert,CA 92660 Terms: Due on receipt Summary of Charges Amount 2.1 Technical Working Group $1,200.00 4.1 Develop Vision and Alternatives $300.00 5.1 General Plan Outline and Policy Framework $1,350.00 9.1 On-Going Project Management $750.00 Office Exp 4.36%of Labor $156.96 Sub Mgmt Fee 9.39%of Labor $338.04 AMOUNT DUE(THIS INVOICE) $4,095.00 Detail: Summary of Time Charges Rate Hours Amount 2.1 Technical Working Group Matt Burris $150.00 8 $1,200.00 $1,200.00 4.1 Develop Vision and Alternatives Matt Burris $150.00 2 $300.00 $300.00 5.1 General Plan Outline and Policy Framework Matt Burris $150.00 9 $1,350.00 $1,350.00 9.1 On-Going Project Management Matt Burris $150.00 5 $750.00 $750.00 Total Time Charges: $3,600.00 2000 Hearst Ave,Suite 306 Berkeley,CA 94709 (510)394-3712:Accounting e ti INVOICE salmi associates the tic to maid Lauri Aylaian Date 02/28/15 City of Palm Desert Invoice Number: 15-978 Contract#C33240 Amount Due: $4,095.00 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings(%of Estimate) Billings($) Description Total Previous This Inv. Total Previous This Invoice Professional Fees 1.1 Project Initiation Meeting $1,570.00 99.68% 99.68% — $1,565.00 $1,565.00 — 1.2 Collect Information&Develop GIS $2,900.00 99.74% 99.74% — $2,892.50 $2,892.50 — Database 1.3 Kick-Off Team Meeting/Tour $2,680.00 100.19% 100.19% — $2,685.00 $2,685.00 — 2.1 Technical Working Group $16,300.00 65.51% 58.15% 7.36% $10,678.75 $9,478.75 $1,200.00 2.2 Stakeholder Interviews $2,600.00 99.71% 99.71% — $2,592.50 $2,592.50 — 2.3 Highway 111 Corridor Plan Workshops $7,480.00 90.37% 90.37% — $6,760.00 $6,760.00 — 2.4 Draft General Plan Public Workshops $7,300.00 — — — — — — 3.1.Review and Assess Reports,Studies, $7,660.00 51.96% 51.96% — $3,980.00 $3,980.00 — and Regulations 3.2 Prepare Background Report Outline $1,330.00 99.81% 99.81% — $1,327.50 $1,327.50 — 3.3 Admin Draft Background Report $18,320.00 87.72% 87.72% — $16,070.00 $16,070.00 — 3.5 Final Background Report $3,610.00 57.34% 57.34% — $2,070.00 $2,070.00 — 4.1 Develop Vision and Alternatives $7,240.00 29.90% 25.76% 4.14% $2,165.00 $1,865.00 $300.00 4.2 Conduct Alternatives Analysis $8,760.00 — — — — — — 4.3 Create Final Land Use and $11,260.00 — — — — — — Transportation Plan 5.1 General Plan Outline and Policy $5,700.00 28.95% 5.26% 23.68% $1,650.00 $300.00 $1,350.00 Framework 5.2 Administrative Draft General Plan $27,300.00 — — — — — — 5.3 Screencheck Draft General Plan $20,880.00 — — — — — — 5.4 Public Draft General Plan $14,740.00 — — — — — — 6.1 Framework Plan Development and $2,400.00 — — — — — — Alternatives 6.2 Preferred Framework and Vision Plan $5,200.00 — — — — — — 6.3 Administrative Draft Corridor Plan $3,980.00 — — — — — — 6.4 Public Review Draft Corridor Plan $1,000.00 — — — — — — 7.1 Establish Thresholds of Significance $600.00 — — — — — — 7.2 Prepare Notice of Preparation $300.00 — — — — — — 7.3 Conduct Scoping Meeting $600.00 — — — — — — 2000 Hearst Ave, Suite 306 Berkeley, CA 94709 (510)394-3712:Accounting * ,. , INVOICE r Im ���� associates the ti t: Lauri Aylaian Date 02/28/15 City of Palm Desert Invoice Number: 15-978 Contract#C33240 Amount Due: $4,095.00 laylaian@cityofpalmdesert.org Terms: Due on receipt 73-510 Fred Waring Drive Palm Desert,CA 92660 R+A Project ID: 14002 R+A Project Nam Palm Desert General Plan Update Billings(%of Estimate) Billings(S) Description Total Previous This Inv. Total Previous This Invoice Professional Fees 7.4 Prepare Administrative Draft Program $2,400.00 — — — — — — EIR 7.5 Prepare Public Draft EIR $600.00 — — — — — — 7.6 Response to Comments and Final EIR $1,200.00 — — — — — — 8.1 Planning Commission Hearings $2,400.00 — — — — — — 8.2 City Council Hearings $2,400.00 — — — — — — 8.3 Preparation of Final General Plan $5,840.00 — — — — — — 9.1 On-Going Project Management $18,840.00 11.43% 7.45% 3.98% $2,153.75 $1,403.75 $750.00 Office Exp 4.36%of Labor $9,385.00 16.98% 15.31% 1.67% $1,593.58 $1,436.62 $156.96 Sub Mgmt Fee 9.39%of Labor $20,220.00 27.58% 25.91% 1.67% $5,576.14 $5,238.10 $338.04 Subtotal:Professional Fees $244,995.00 26.02% 24.35% 1.67% $63,759.72 $59,664.72 $4,095.00 Reimbursable Expenses STP $145,920.00 27.91% 27.91% — $40,726.20 $40,726.20 — STP 3.0%of Labor $4,398.00 — — — PMC $147,020.00 29.42% 29.42% — $43,251.25 $43,251.25 — PMC Exp 2.4%of Labor $3,500.00 6.66% 6.66% — $233.10 $233.10 — Fehr+Peers $206,880.00 23.50% 23.50% — $48,615.40 $48,615.40 — MR+E $27,000.00 44.00% 44.00% $11,880.00 $11,880.00 — Rincon Consulting $19,990.00 39.32% 39.32% — $7,859.87 $7,859.87 — Subtotal:Reimbursable Expenses $554,708.00 27.50% 27.50% — $152,565.82 $152,565.82 — Overall Totals: $799,703.00 27.05% 26.54% 0.51% $216,325.54 $212,230.54 $4,095.00 AMOUNT DUE(THIS INVOICE) $4,095.00 R+A 14002 MB-No Cover letter Contract#C33240 PO#019101 Vendor#13413 2000 Hearst Ave,Suite 306 Berkeley,CA 94709 (510)394-3712:Accounting s CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $71,593 FOR RAIMI + ASSOCIATES CONTRACT NO. C33240 TO UPDATE THE CITY OF PALM DESERT GENERAL PLAN. THE CONTRACT AMENDMENT PROVIDES FOR A COMPREHENSIVE STUDY AND DEVELOPMENT STRATEGY FOR ENHANCING PARKING CAPACITY IN THE COMMERICAL CORE AREA, INCLUDING POTENTIAL DEVELOPMENT OF A PARKING STRUCTURE IN THE PRESIDENTS' PLAZA SUBMITTED BY: Lauri Aylaian, Community Development Director APPLICANT: Mr. Matthew Burris Raimi +Associates 3600 Lime Street, Suite 226 Riverside, CA 92507 DATE: April 9, 2015 CONTENTS: Raimi +Associates proposal dated March 17, 2015 Contract Amendment No. 1 to Contract No. C33240 Photographs Illustrative of Parking Structures in other Communities Recommendation By Minute Motion: 1) Approve Contract Amendment No. 1 in the amount of $71,593 for Raimi + Associates Contract No. C33240 to update the City of Palm Desert General Plan. 2) Appropriate the amount of $71,593 plus ten percent contingency ($7,159.30) from unobligated capital fund monies in a 50150 split between Accounts Nos. 400-4572-433.40-01 and 400-4436-422.40-01, Commercial Core Parking and Presidents' Plaza Parking, respectively. 3) Authorize the Director of Finance to reimburse the Capital Fund in the same amounts from Core Commercial Parking Improvements and Presidents' Plaza Parking bond funding when it becomes available. Staff Report Raimi + Associates Contract (C33240) Amendment No. 1 Page 2 of 3 April 9, 2015 Executive Summary Approval of the staff recommendation would initiate an in-depth analysis of parking needs and availability throughout the commercial core area, and would create a plan of how to best manage the current inventory of spaces, as well as how, when, and where to develop additional inventory as the parking demand increases by virtue of future retail, restaurant, and residential development in the area. Such an analysis will allow the City to implement an area-wide parking strategy that encourages private development and maximizes use of bond fund monies available for capital expenditures on commercial core parking. This work compliments the consultants' work to update the General Plan, but was not envisioned when the update work began, and therefore was not included in the scope of work of the original contract. Background In May 2014, the City Council contracted with Raimi + Associates, Inc. ("Raimi") to update the City of Palm Desert Comprehensive General Plan. Raimi's work has been underway for nine months, and is about half way complete. Part of the scope of Raimi's work was development of an area plan for the Highway 111 commercial corridor, a subject on which we have now conducted three public workshops. Among other outcomes, the workshops have identified a need for additional analysis and planning to meet future parking demand throughout the commercial core area. Business owners, developers, property owners, and other interested parties all offered the opinion that a system-wide, managed parking program with public parking structure(s) in a strategic location is the key to triggering infill growth and redevelopment of deteriorated buildings in the commercial core. In particular, the Presidents' Plaza parking lot was identified as a likely site for a multi-level parking structure. A detailed analysis of existing and future parking demand ties closely with the Land Use and Circulation Elements of the General Plan. In particular, the intensity of development and density of future residential units in the core area will determine the number of parking spaces required, while the location, capacity, and setbacks of parking structures will be shaped by both the Circulation and Land Use Elements. Consequently, staff believes that the detailed study could best be performed by the consultants who are already working on the update of the General Plan. As such, staff worked with Raimi + Associates to develop a scope of work that builds on the services already covered under the General Plan update contract by adding: • Data collection from the existing commercial core parking, including hourly sweeps of public and private parking lots, and inventory of cars parked along El Paseo and the frontage roads to evaluate parking turnover. • Calculation of future demands based upon the type of development intensities and uses anticipated in the General Plan update, and the availability and management of a shared (private and public) parking supply. • Development of a parking management plan consisting of a series of steps to effectively manage the parking supply into the future. This will avoid taking a simplistic approach wherein a new parking structure is constructed in the near future, then the city waits for nearby businesses to expand. Instead, a parking management plan will design a series of steps, including enhanced signage, informational strategies, real-time pricing and limitations on parking duration that can be implemented until the parking demand Usrv-fi12k31groups\Planning\Lauri AylaraMGeneral Plan upcatetRaimi Contract Amendment No 1.doc r Staff Report *AW Raimi + Associates Contract (C33240) Amendment No. 1 Page 3 of 3 April 9, 2015 warrants the capital expenditure associated with a structure. Joint private/public partnerships will be investigated to reduce or minimize the public investment in infrastructure. • Preparation of up to ten parking management strategies for the core commercial area based upon the information developed during the study. Each strategy will identify a time frame, implementation agency, order of magnitude cost, and likely level of effectiveness. • Development of design concepts for a parking structure located in the Presidents' Plaza area. Details would be developed for the interface between the structure itself and the surrounding businesses and cross streets, with attention paid to the pedestrian connections between the Highway 111 businesses, the parking structure, and El Paseo businesses. Design concepts will be specific to Palm Desert and to the exact context in which the structure would be situated, and may include retail spaces on the ground floor. Examples of structures designed for other urban settings are shown in an attached exhibit, simply to illustrate that the term "parking structure" should not be equated to "massive grey concrete garage," which would be neither welcome nor appropriate for Palm Desert's commercial core. Fiscal Analysis The cost for the recommended contract amendment is seventy-one thousand five hundred ninety-three dollars ($71,593). Project Area No. 1 bond funds are available as listed currently on Recognized Obligation Payment Schedule (ROPS) Line 47 (Core Commercial Parking) and Line 48 (Presidents' Plaza Parking). Staff recommends that the cost of the work be shared equally between the two line items. CITY COUNCIL Submitted By: APPROVED DENIED RECEIVED OTHER auri Aylaian, Director of Community Develop ING S: a f ' NOES: Review d: ABSENT: ABSTAIN: VERIFIED BY: KOKILa Original on File with City rk's Office Paul . Gibson, irector of Finance A ro I: hn M. Wohlmuth, City Manager \\srv-fil2k3\groups\Planning\Lauri Aylaian\General Plan Update\Raimi Contract Amendment No 1.doc Staff Report Raimi + Associates Contract (C33240) Amendment No. 1 Page 3 of 3 April 9, 2015 warrants the capital expenditure associated with a structure. Joint private/public partnerships will be investigated to reduce or minimize the public investment in infrastructure. • Preparation of up to ten parking management strategies for the core commercial area based upon the information developed during the study. Each strategy will identify a time frame, implementation agency, order of magnitude cost, and likely level of effectiveness. • Development of design concepts for a parking structure located in the Presidents' Plaza area. Details would be developed for the interface between the structure itself and the surrounding businesses and cross streets, with attention paid to the pedestrian connections between the Highway 111 businesses, the parking structure, and El Paseo businesses. Design concepts will be specific to Palm Desert and to the exact context in which the structure would be situated, and may include retail spaces on the ground floor. Examples of structures designed for other urban settings are shown in an attached exhibit, simply to illustrate that the term "parking structure" should not be equated to "massive grey concrete garage," which would be neither welcome nor appropriate for Palm Desert's commercial core. Fiscal Analysis The cost for the recommended contract amendment is seventy-one thousand five hundred ninety-three dollars ($71,593). Project Area No. 1 bond funds are available as listed currently on Recognized Obligation Payment Schedule (ROPS) Line 47 (Core Commercial Parking) and Line 48 (Presidents' Plaza Parking). Staff recommends that the cost of the work be shared equally between the two line items. Submitted By: auri Aylaian, Director of Community Development Review d: Paul S1 . Gibson, irector of Finance A pro hn M. Wohlmuth, City Manager tlsrv-fil2k3lgroupslPlanning%Laun AylaiantGeneral Plan UpdatelRatmi Contract Amendment No 1 doc CITY OF PALM DESERT Contract#/P.O.# C33240 Amendment/ 1 PROFESSIONAL SERVICE AMENDMENT Change Order No. Contingency: XXX NO Contract Purpose Account No. 400-4572-433.40-01 and400-4436-422.40-01 Consultant's Name Project No. FN/A Address: vendor No. 1 13413 You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE DESCRIPTION OF CHANGES In Contract Price In Contract Price Provide additional services to study long-term parking management and $71,593.00 development of additional parking capacity in commercial core of the city, as further described in attached proposal from Raimi + Associates dated 17 March 2015. TOTALS: - 71,593.00 NET CHANGE IN CONTRACT PRICE: 71,593.00 JUSTIFICATION: Scope of project work has been increased in response to input received from the Technical Working Group and the public during a series of three public outreach meetings. Added scope will address existing and future parking needs in the commercial core area, and will design management strategies and conceptual structured parking to be implemented as need for additional parking increases with future infill development TOTAL BUDGET FOR PROJECT: + 800,000.00 CONTINGENCY: Less: Expend. & Encumb. To Date: - 799,703.00 Amount Approved by Council: + 78,752.30 Less: This Change Order Amount: - 71,593.00 Less: Prior Amendment(s): - - BALANCE OF BUDGET Less: This Amendment: - 71,593.00 REMAINING FOR PROJECT: (71,296.00)1 Balance Remaining of Contingency: 7,159.30 The amount of the Contract will be Increased by the Sum of: seventy-one thousand five hundred ninety- three Dollars ($ 71,593.00). n•\.J..n n7nn\In.t—Ae i,n% nn 1 nl on..Al +n\roi...i--f nnA 1 _rn..e.cK_+A— f nM;nno/1 nn ra,,=m. Contract C33240 Amendment No. 1 Continued from front This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant shall perform all work as necessary or required to complete the Professional Service Amendment items for a lump sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension -0- Days. Revised Contract Total $871,296.00 The undersigned Consultant approves the foregoing Professional Service Amendment# 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Professional Service Amendment # 1 . The Consultant agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Professional Service Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when approved by the Owner. Execution of this Professional Service Amendment by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Professional Service Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: 2. ACCEPTED BY: `' DEPARTMENT HEAD CONSULTANT Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR SUSAN MARIE WEBER, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Counci I approval CITY MANAGER Date Approved 14wre •"•oe March 17,2015 r'aimi assoclates Lauri Aylaian Development Services Department Director of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert,CA 92260 Subject: Presidents' Plaza Parking Integration Dear Lauri, Thank you for your inquiry about helping the City to scope the design of a new parking structure and ensure the City's future parking infrastructure effectively supports development in the 111 Corridor and City Center. In accordance with our recent conversations about the central role that a shared parking system will play in the further development of the 111 Corridor and City Center, Raimi + Associates (R+A) proposes to provide additional urban planning and design services to define how future parking structures may be integrated with mixed-use infill.The objectives of this study will be to: • define pedestrian and vehicle circulation around future parking structures, • define the setbacks necessary to ensure a future parking structure would remain feasible under future development scenarios, • calibrate parking requirements for future development, • establish an action plan for managing parking supply,and • refine the timing and capacity of future parking structures so as to set the stage for a future parking structure cost estimation study. There are essentially four main subjects that must be addressed to develop a complete parking strategy and implementation plan for the 111 Corridor/City Center area. 1. An inventory of existing parking facilities and an analysis of how they are currently being used. This would identify the quantities and distribution of existing public and private parking spaces, times of peak utilization in various areas,and the potential for management measures to improve the efficiency of utilization of these existing resources. 2. Future parking demand estimates. A first approximation of such an estimate will be provided as part of our 111 Corridor/City Center Plan work already under contract, based on estimated net new commercial and residential floor area that might be developed under the new plan. However, in this type of urban context the rate of parking demand per 1,000 s.f.of development is heavily dependent on the intensities and mixes of uses,and on the extent to which a shared,managed parking supply is made available to developers and users. Accordingly,our existing work will only provide an approximation and recommended standards for near-term development. 3. Design integration of shared and private parking facilities. This would be the focus of the services of this proposal. As we have discussed,the City has previously designed a number of potential parking structures within the Presidents' Plaza areas,so our proposed work would focus on integrating such structures with commercial, residential and mixed-use buildings. We have already provide initial sketches illustrating one potential interface between structured parking and existing and future 3600 Lime Street,Suite 226.Riverside,CA 92501 www.raimiassociates.com buildings fronting Highway 111,El Paseo,and cross streets,and propose to develop additional alternatives to inform both the development standards for new zoning,a more complete pedestrian network within those blocks,and the further development of parking structure design concepts. 4. A parking management plan. To implement a long-term,actively managed and sustainably financed supply of shared parking,a management plan should be prepared. Such a plan would include: a) The inventory of existing parking facilities and a management plan for efficiently utilizing them to -+ meet current and near-term demand. This would likely include new technology and wayfinding to ?. . help users locate parking that meets their needs,an likely some combination of time limitations and pricing to ensure that prime spaces are available for high-priority users; b) Protocols for periodically monitoring parking utilization and thresholds for further action,such as modifying time limits or pricing,implementing additional parking management techniques, or constructing new parking facilities; c) Capital improvement plan for financing and constructing new parking facilities over time; d) Coordination of the availability of shared parking facilities with the minimum (or maximum) parking standards for new development,to encourage new infill development that is neither under nor over parked. Proposed Services Based on the conceptual design work completed by our team to date,on previously prepared parking structure designs by others, and on parking supply and demand recommendations from Fehr& Peers, we propose the following services. Task 1-Parking Data Collection Obtain parking counts for the City Center area. This will include parking occupancy counts from 6 a.m. to 8 p.m.conducted in hourly sweeps for all public and private parking lots. License plate data will also be collected along El Paseo and the Highway 111 frontage streets to evaluate parking turnover. Data would be collected on a weekday only. Task 2-Future Parking Demand Estimates Develop a parking model, using the Urban Land Institute Shared Parking Model. This parking model will provide demand estimates for up to three different development scenarios as identified by the Project Team. Task 3-Design Integration of Shared and Private Parking Facilities Prepare a conceptual parking and circulation diagram of the downtown area. This diagram will show: a) existing and proposed on-street parking on El Paseo and the 111 side access lanes,with approximate parking counts; b) potential future surface and structured parking areas within the Presidents' Plaza blocks with approximate parking counts; c) potential future liner buildings along existing north-south cross streets and potential future paseos; d) vehicular and pedestrian circulation networks. Prepare a conceptual public realm plan for the downtown. In addition to the Ill side access lanes already illustrated,this plan will illustrate a unified conceptual design for: a) cross streets; b) existing and proposed parking access lanes, 3600 Lime Street,Suite 226.Riverside,CA 92501 www.raimiassociates.com 4 a� .f c) pedestrian paseos, d) potential plazas or squares. ' Prepare conceptual cross sections or other illustrations of the recommended design character of the t. above spaces and design elements. We will prepare the above illustrations in draft form and present them to City staff and the GP Advisory .. Committee. Based on input and direction received we will make one round of revisions/refinements to the diagram, illustrations and tabulation and will incorporate them into the 111 Corridor/City Center. ><5 Task 4-Parking Management Plan The Parking Management Plan will be an action plan to provide the City with a series of steps to effectively manage its parking supply into future. Identify parking management best practices for comparable communities including the use of enhanced signage, informational strategies, real-time pricing and management approaches,and joint private/public partnerships for sharing parking facilities. Information regarding up to fifteen potential strategies will be shared with Palm Desert City Staff. Recommend up to ten parking management strategies for study area. For each recommended parking management strategy, we will note the time frame, implementation agency, order of magnitude cost to the City,and likely level of effectiveness. Thank you again for the opportunity to server your community. Please do not hesitate to contact us with any questions or comments you may have. Sincerely, Matt Burris, AICP, LEED AP Associate Principal Attachment 3600 Lime Street,Suite 226.Riverside,CA 92501 www.raimiassociates.com From: Espinoza, Jose Luis Sent: Friday, May 08, 2015 12:01 PM To: Aylaian, Lauri Cc: Bounds, James Subject: Budget for Raimi New account number is 4004692-4400100 not 4004572-4400100. Please make change when you process the P0. Thanks, Luis 1A ou C KD LI o DO 411� C�,. 2 i ---� '7, UV d P&M D@@@n PURCHASE ORDER NO. `s�l This order number must showon 73-510 Fred Waring Drive eiiim,oicee.,.�rg�,,see, 019101 Palm Desert, Califomia 92260-2578 Phone (760)346-0611 Fax(760)341-4564 VENDOR ID: V0013413 DELIVER TO: ATTN: PLANNING VENDOR: RAIMI & ASSOCIATES INC 73-510 FRED WARING DRIVE 2000 HEARST AVENUE PALM DESERT, CA 92260 STE 306 BERKELEY, CA 94709 TELEPHONE#: SEND INVOICE TO: ATTN: PLANNING FAX#: 73-510 FRED WARING DRIVE EMAIL: PALM DESERT, CA 92260 ORDER DATE APPROVED CONTRACT# REQUESTED BY REQ# 06/19/14 CC 4/24/2014 C33240 NAV CONV 00001270 ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE FIRMS INTERVIEWED FOR THIS CONTRACT WORK PROJECT DESIGN CONSULTANTS, SAN DIEGO, C RAI I+ASSOCIATES, RIVERSIDE, CA TERRA NOVA, PALM DESERT, CA (A -9 HAS BEEN REQUESTED FROM RAIMI+ASS 001 799,703 DL CONSULTANT TO PREPARE AN 1.00 799, 703.00 UPDATE OF THE CITY OF 4004470-43919 0 799,703.( 0 002 35, 796.5 DL *CHANGE ORDER NO. 1 - CC APPROVED 1.00 35, 796.50 4/9/2015 - AMENDMENT TO CONTRACT NO. C33240 FOR PROFESSIONAL CONSULTING SERVICES TO PROVIDE A COMPREHENSIVE STUDY & DEVELOPMENT STRATEGY FOR ENHANCING PARKING CAPACITY IN THE COMMERCIAL CORE AREA, INCLUDING POTENTIAL DEVELOPMENT OF A PARKING STRUCTURE IN THE PRESIDENTS' PLAZA. 4004692-44001 0 35, 796. 0 003 35, 796.5 DL SEE LINE 2 FOR DESCRIPTION. 1.00 35, 796.50 4004436-44001 0 35,796. 0 CONTRACT CLAUSE **N TE** Payments will not be processed requesting department until a signed con *** *** AUT IZED PURCHASING AGENT DATE ISSUED PURCHASE ORDER TERMS AND CONDITIONS 1. Acceptance: City reserves the right to refuse any goods and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions. Acceptance of any part of the order shall not bind City to accept future shipments, nor deprive it of the right to return goods already accepted. 2. Late Deliveries: If delivery of the commodity or service cannot be made as specified or sooner and at the price shown, notify the City Purchasing Officer immediately. And correspondence, other than invoices, relating to this order must be sent to the Purchasing Officer. The City reserves the right to cancel order if delivery is not made by the time specified. 3. Risk of Loss: Delivery shall not be deemed to be complete until goods have been actually received and accepted by the City. 4. Defects: By accepting this order Seller acknowledges that the goods covered by this order are satisfactory for the purposes intended by City. 5. Prices: Unless otherwise provided goods shall be furnished at the prices indicated on this order only. Invoices will be honored for purchase order prices only. Prices on the order include delivery to the Department within building unless otherwise specified on the order. 6. Patent Infringement: Seller agrees to indemnify City and hold it harmless from and against all liability, loss damage, and expense, including reasonable counsel fees, resulting from any actual or claimed trademark, patent or copyright infringement, or any litigation based thereon with respect to any part of the goods covered by this order, and such obligation shall survive acceptance of the goods and payment therefore by the City. 7. Packing: All goods, wrappers and containers must bear markings and labels required by applicable federal, state, and municipal laws and regulations for the protection and safety of persons and property and Seller warrants that prices include all charges to packing, crating, and transportation to f.o.b. point. 8. Nonassignment:This order must not be assigned or transferred to anyone without the written approval of the Purchasing Officer. 9. Labor Disputes: Whenever any actual or potential labor disputes delays or threatens to delay the timely performance of this order, Seller shall immediately give notice thereof to City. 10. HAZARDOUS MATERIAL: SELLER SHALL PROVIDE MATERIAL SAFETY DATA SHEETS FOR EACH PRODUCT CONTAINING HAZARDOUS SUBSTANCE AS LISTED BY CALIF. DIR. IND. REL. IN CALIF. ADM. CODE, TITLE 3, SEC 5194 AND LABOR COSTS. Seller agrees to furnish Material Safety Data Sheet (Form OSHA 20)as applicable for hazardous or potentially hazardous products. 11. Discounts: Discount period will be computed from date of receipt of invoice, or goods or services whichever is the later date. 12. Hold Harmless: Seller agrees to indemnify, defend and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Seller's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the negligent acts of Seller, its agents or employees, and all expenses of investigating and defending against same; provided, however that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. 13. Out of State vendors maybe required to have withholding for State Income Tax purposes. 'Nvd Mm D@@@n PURCHASE ORDER NO. `��J This order number must show on 73-510 Fred Waring Drive allinvoloes,aeowr,e lift,etc. o19101 Palm Desert, California 92260-2578 Phone (760)346-0611 Fax(760)341-4564 VENDORID: V0013413 DELIVERTO: ATTN: PLANNING VENDOR: RAIMI & ASSOCIATES INC 73-510 FRED WARING DRIVE 2000 HEARST AVENUE PALM DESERT, CA 92260 STE 306 BERKELEY, CA 94709 ELEPHONE#: SEND INVOICE TO: ATTN: PLANNING FAX#: 73-510 FRED WARING DRIVE EMAIL: PALM DESERT, CA 92260 RIDER DATE APPROVED CONTRACT# REQUESTED BY REQ# 36/19/14 CC 4/24/2014 C33240 NAV CONV 00001270 ITEM F QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE received by the City Clerk.******* i • ' 871,296.00 � • 0.00 UTHORIZED PUR SING AGENT ' 0.00 06/15/15 871,296.00 ATE ISSUED a �� d P20 OMM ' PURCHASE ORDER NO. Tnig on1e,number must ahow on 73-510 Fred Waring Drive all invoices,packing lists,etc. P112 3 3 7 Palm Desert, California 92260-2578 Phone (760) 346-0611 Fax(760) 341-4564 VENDOR ID: V0013413 DELIVER TO: ATTN: PLANNING VENDOR: RAIMI & ASSOCIATES INC 73-510 FRED WARING DRIVE 2000 HEARST AVENUE PALM DESERT, CA 92260 STE 306 BERKELEY, CA 94709 TELEPHONE#: SEND INVOICE TO: ATTN: PLANNING FAX#: 73-510 FRED WARING DRIVE EMAIL: PALM DESERT, CA 92260 ORDER DATE APPROVED CONTRACT# REQUESTED BY REQ# 10/27/15 CC 04/24/14 C33240 James Bounds PRO12943 ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 001 272,125.31 DL CONSULTANT TO PREPARE AN UPDATE FO 1.00 272, 125.31 THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN AND PREPARE THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT 4004470-43919 0 272, 125. 1 002 35,496.5 DL CO #1 CC APRVD 04/09/15 1.00 35,496.50 AMENDMENT TO CONTRACT NO. C33240 FOR PROFESSIONAL CONSULTING SERVICES TO PROVIDE A COMPREHENSIVE STUDY & DEVELOPMENT STRATEGY FOR ENHANCING PARKIN CAPACITY IN THE COMMERCIAL CO1 AREA, INCLUDING POTENTIAL DEVELOPMENT OF A PARKING STRUCTURE IN THE PRESIDENTS' PLAZA. 4004692-44001 0 35,496. 0 003 35,496.5 DL SEE LINE 2 FOR DESCRIPTION 1.00 35,496.50 4004436-44001 0 35,496. 0 NOTE: Payments will not be processed by the requesting department until a signed contract is received by the City Clerk. OF SUBTOTAL 343, 118.31 DISCOUNTAA�� 0.00 AUTkAIZED PURCHASING AGENT TAX 0.00 11/03/15 P• TOTAL 343,118.31 DATE ISSUED C v] d [PEP9 D@@@n PURCHASE ORDER NO. ���?lJ This order number must show on 73-510 Fred Waring Drive all invoices,peclung Beta,etc. P112 3 3 7 Palm Desert, California 92260-2578 Phone(760)346-0611 Fax(760)341-4564 VENDOR ID: V0013413 DELIVER TO: ATTN: PLANNING VENDOR: RAIMI & ASSOCIATES INC 73-510 FRED WARING DRIVE 2000 HEARST AVENUE PALM DESERT, CA 92260 STE 306 BERKELEY, CA 94709 TELEPHONE#: SEND INVOICE TO: ATTN: PLANNING FAX#: 73-510 FRED WARING DRIVE EMAIL: PALM DESERT, CA 92260 ORDER DATE APPROVED CONTRACT# REQUESTED BY REQ# 10/27/15 CC 04/24/14 C33240 James Bounds PRO12943 ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 001 272, 125.31 DL CONSULTANT TO PREPARE AN UPDATE FO 1.00 272, 125.31 THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN AND PREPARE THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT 4004470-43919 1 / 272,125.11 002 35,496.5 DL CO #1 CC APRVD 04/09/15 1.00 35,496.50 AMENDMENT TO CONTRACT NO. C33240 FOR PROFESSIONAL CONSULTING SERVICES TO PROVIDE A COMPREHENSIVE STUDY & DEVELOPMENT STRATEGY FOR ENHANCING PARKING CAPACITY IN THE COMMERCIAL CORE AREA, INCLUDING POTENTIAL DEVELOPMENT OF A PARKING STRUCTURE IN THE PRESIDENTS' PLAZA. 4004692-44001 0 35,496. 0 003 35,496.5 DL SEE LINE 2 FOR DESCRIPTION 1.00 35,496.50 4004436-44001 0 35,496. 0 NOTE: Payments will not be processed by the requesting department until a signed contract is received by the City Clerk. jx, 1 SUBTOTAL 343, 118.31 DISCOUNT 0.00 AUTHORIZED PURC ING AGENT TAX 0.00 11/06/15 ( P• TOTAL343,118.31 DATE ISSUED PURCHASE ORDER TERMS AND CONDITIONS 1. Acceptance: City reserves the right to refuse any goods and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions. Acceptance of any part of the order shall not bind City to accept future shipments, nor deprive it of the right to return goods already accepted. 2. Late Deliveries: If delivery of the commodity or service cannot be made as specified or sooner and at the price shown, notify the City Purchasing Officer immediately. And correspondence, other than invoices, relating to this order must be sent to the Purchasing Officer. The City reserves the right to cancel order if delivery is not made by the time specified. 3. Risk of Loss: Delivery shall not be deemed to be complete until goods have been actually received and accepted by the City. 4. Defects: By accepting this order Seller acknowledges that the goods covered by this order are satisfactory for the purposes intended by City. 5. Prices: Unless otherwise provided goods shall be furnished at the prices indicated on this order only. Invoices will be honored for purchase order prices only. Prices on the order include delivery to the Department within building unless otherwise specified on the order. 6. Patent Infringement: Seller agrees to indemnify City and hold it harmless from and against all liability, loss damage, and expense, including reasonable counsel fees, resulting from any actual or claimed trademark, patent or copyright infringement, or any litigation based thereon with respect to any part of the goods covered by this order, and such obligation shall survive acceptance of the goods and payment therefore by the City. 7. Packing: All goods, wrappers and containers must bear markings and labels required by applicable federal, state, and municipal laws and regulations for the protection and safety of persons and property and Seller warrants that prices include all charges to packing,crating, and transportation to f.o.b. point. 8. Nonassignment:This order must not be assigned or transferred to anyone without the written approval of the Purchasing Officer. 9. Labor Disputes: Whenever any actual or potential labor disputes delays or threatens to delay the timely performance of this order, Seller shall immediately give notice thereof to City. 10. HAZARDOUS MATERIAL: SELLER SHALL PROVIDE MATERIAL SAFETY DATA SHEETS FOR EACH PRODUCT CONTAINING HAZARDOUS SUBSTANCE AS LISTED BY CALIF. DIR. IND. REL. IN CALIF. ADM. CODE,TITLE 3, SEC 5194 AND LABOR COSTS. Seller agrees to furnish Material Safety Data Sheet (Form OSHA 20)as applicable for hazardous or potentially hazardous products. 11. Discounts: Discount period will be computed from date of receipt of invoice, or goods or services whichever is the later date. 12. Hold Harmless: Seller agrees to indemnify, defend and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Seller's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the negligent acts of Seller, its agents or employees, and all expenses of investigating and defending against same; provided, however that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. 13. Out of State vendors maybe required to have withholding for State Income Tax purposes. I I I Y 0 1 Pt I M 0 1 S E R T 73-510 FRED WARING DRIVE City of Palm Dwert PALM DESERT, CALIFORNIA 9z260-2578 TEL: 760 346—o6ii AUG 2 9 201E info@cityofpalmdesert.org August 26, 2016 Raimi + Associates, Inc. 2000 Hearst Avenue, Suite 306 Berkeley, California 94709 Dear Sir or Madam: Subject: Contract No. C33241 - One-Year Extension with Raimi + Associates, Inc., for Professional Services Related to the Ongoing General Plan Update - Contract Amendment No 1 At its adjourned regular meeting of June 30, 2016, the Palm Desert City Council, by Minute Motion: 1) Approved subject one-year contract extension with Raimi + Associates, Inc., Berkeley, California, for Professional Services related to the ongoing General Plan Update; 2) authorized the Mayor to execute said contract extension. Enclosed is a copy of the fully executed Amendment for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, /117 RACHELLE D. KLASSEN, MMC CITY CLERK RDK:rIm Enclosure (as noted) cc/enc: Ryan Stendell, Director of Community Development Finance Department is vxixreo ox x[aaeo nev[x Joe va� CONTRACT NO. C33241 AMENDMENT TO AGREEMENT WHEREAS, the City of Palm Desert ("City") and Raimi + Associates, Inc. ("Contractor"), entered into an agreement, dated April 25, 2014, to provide Professional Services related to a comprehensive update to the City's General Plan and associated Environmental Impact report ("Agreement"), the parties wish to amend the Agreement effective June 30, 2016. NOW, THEREFORE, the parties agree as follows: A. Term is amended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1 , 2016, through June 30, 2017." B. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 30 day of June , 2016. CITY OF PALM DESERT RAIMI + ASSOCIATES, Inc. A Municipal Corporation Robert A. Spiegel, ayo Matthew Raimi, Principal City of Palm Desert Attest: Approved as to Content: 0. / Ra helle D. Klassen, City Jerk Ryan Stendell CITY OF PALM DESERT, CALIFORNIA Director of Community Development Approved as to Fo r"Ciy Component 3 of 4: Version 3 Printing 5 Finished Pieces Each of 102 2 sides Duplex Top/Top 24#Hammermill Laser Bond•White Side 1 and 2 Ink(s): Full Color Digital File(Customer) Finishing Each of 102 Bind using 5/8 inch Black Plastic GBC Comb on Long Edge Component 4 of 4: 17-11 x 17 Pages Folded to 8.5 x 11 &added to Version 3 Printing 5 Finished Pieces 2 sides Duplex Top/Top 24#Hammermill Laser Bond•White Side 1 and 2 Ink(s): Full Color Digital File(Customer) Finishing Fold to 8.5 x 11 Salesperson: Melissa Kendall Taxes are included. This quote is valid for 30 days. Terms: COD Thank you, Page 2 of 2 QUOTATION by Scott Brooks Scott @a theprintingpIace.net JOB # 16- Date: 9.19.16 Previous # For: Monica O'Reilly Company: City of Palm Desert Cust. P.O. # Job Name: BOOKLET - Draft General Plan Note: 218 Pages (Includes Cover) Size: 8.5 x 11 201 Pages 8.5 x 11 / 17 Pages 11 x 17 Folded to Stock: Front & Back: 100# Gloss Cover 8.5 x 11 Body: 60# White Offset Ink: 4/4 Color Throughout Bindery: Comb Bind Please Note: Quotes are based on Artwork: Supplied by Client customer supplying artwork. Discs supplied by customer must be Computer Ready Electronic Files. If we are unable to Estimated process your file as supplied,we will TBD advise you of the specific problem(s) and Turnaround: costs involved to correct them. Customers Shipping: must sign off on a proof on all new jobs. pp g: Deliver to Client Per printing trade customs, quantities may Packaging: vary+or—up to 10%and will be billed accordingly. Shipping shall be paid by customer unless otherwise indicated. Not all jobs will have shipping charges. All prices are excluding applicable sales tax 5 Books $350 41-651 CORPORATE WAY SUITE 5 PALM DESERT, CA 92260 760-773-4701 FAX 760-773-4037 -n y QUOTATION by Scott Brooks scott@a theprintingpIace.net JOB # 16- Date: 9.19.16 Previous # For: Monica O'Reilly Company: City of Palm Desert Cust. P.O. # Job Name: BOOKLET - General Plan Update & Note: University Neighborhood Specific Plan 494 Pages (Includes Cover) Size: 8.5 x 11 Stock: Front & Back: 100# Gloss Cover Body: 60# White Offset Ink: 4/4 Color Throughout Please Note: Quotes are based on customer supplying artwork. Discs supplied by customer must be Computer Bindery: Comb Bind Ready Electronic Files. If we are unable to process your file as supplied,we will advise you of the specific problem(s) and Artwork: Supplied by Client costs involved to correct them. Customers must sign off on a proof on all new jobs. Estimated Per printing trade customs, quantities may TBD vary+or—up to 10% and will be billed Turnaround: accordingly. Shipping shall be paid by customer unless Shipping: otherwise indicated. Not all jobs will have Deliver to Client shipping charges. Packaging: All prices are excluding applicable sales tax 5 Books $569 41-651 CORPORATE WAY SUITE 5 PALM DESERT, CA 92260 760-773-4701 FAX 760-773-4037 v QUOTATION by Scott Brooks P , ' scott@a theprintingplace.net x, JOB # 16- Date: 9.19.16 Previous # For: Monica O'Reilly Company: City of Palm Desert Cust. P.O. # Job Name: BOOKLET - Note: University Neighborhood Specific Plan 370 Pages (Includes Cover) Size: 8.5 x 11 Stock: Front & Back: 100# Gloss Cover Body: 60# White Offset Ink: 4/4 Color Throughout Please Note: Quotes are based on customer supplying artwork. Discs supplied by customer must be Computer Bindery: Comb Bind Ready Electronic Files. If we are unable to process your file as supplied,we will advise you of the specific problem(s) and Artwork: Supplied by Client costs involved to correct them. Customers must sign off on a proof on all new jobs. Estimated Per printing trade customs, quantities may TBD vary+or—up to 10% and will be billed Turnaround: accordingly. Shipping shall be paid by customer unless Shipping: otherwise indicated. Not all jobs will have Deliver to Client shipping charges. Packaging: All prices are excluding applicable sales tax 5 Books $425 41-651 CORPORATE WAY SUITE 5 PALM DESERT, CA 92260 760-773-4701 FAX 760-773-4037 O'Reilly, Monica From: O'Reilly, Monica <moreilly@cityofpalmdesert.org> Sent: Friday, September 16, 2016 3:36 PM To: 'scott@theprintingplace.net' Subject: Quote for Duplicating/Printing Good afternoon Scott: I am requesting a quote for a duplicating/printing job. Following are the specifications: • University Neighborhood Specific Plan 370 pages Double-sided Color Comb bind 5 copies • General Plan Update& University Neighborhood Specific Plan 494 pages Double-sided Color Comb bind 5 copies • Draft General Plan 218 pages Double-sided Color Comb bind 5 copies Note: Some of the documents may have pages that are 11 x 17. Please email me if you need additional information. Hope to hear from you soon. Monica ,Monica O'1Weiflyy,Administrative,Secretary City of Palm. (Desert 7.3510 Fred Waring (Drive Palm (Desert, Caffornia 92260 E: moreilly@cityo{palmdesert.or g i O'Reilly, Monica From: PlanIT KevinM <kevinm@planitreprographics.com> Sent: Friday, September 16, 2016 1:52 PM To: O'Reilly, Monica Subject: RE: Quote for Duplicating/Printing Hello Monica.Turns out that everything is pretty much in color. Since there is such a high number of color items I went ahead and gave you a better rate. Here is a price per book. Please let me know if you would like to proceed with printing.Thank you! Public Review Book-$101.52 X J� _ 44501• 60 DEIR-$175.05 K 5 2 '6 6-1 .Z5 UNSP Public Review Draft-$132.19 k woo.ct5 -A Thank You, Kevin Macabale DIGITAL DEPARTMENT DIGITALAPLANITREPROGRAPHICS.com www.PLANITREPROGRAPHICS.com 77738 Flora Road I Palm Desert, CA 92211 P: 760-345-2500 F: 760-345-2599 planITP PP-1NT J WORKS From: moreilly@cityofpalmdesert.org [mailto:moreilly@cityofpalmdesert.org] Sent: Friday, September 16, 2016 10:25 AM To: kevinm@planitreprographics.com Subject: RE: Quote for Duplicating/Printing Not a problem. I have the thumb drive ready for pick up. Please have your drive go to the Planning Department. Thank you. Monica From: PlanIT KevinM [mailto:kevinm(aOplanitreprographics.com] Sent: Friday, September 16, 2016 10:15 AM To: O'Reilly, Monica Subject: RE: Quote for Duplicating/Printing Of course. Do you happen to know if all of the pages are in color and how many 11x17's there are? If you would like I can pick up the flash drive and look through the book so I can give you an accurate quote. 1 O'Reilly, Monica From: O'Reilly, Monica <moreilly@cityofpalmdesert.org> Sent: Friday, September 16, 2016 9:03 AM To: 'kevinm@planitreprographics.com' Subject: Quote for Duplicating/Printing Good morning: I am requesting a quote for a duplicating/printing job. Following are the specifications: • University Neighborhood Specific Plan 370 pages Double-sided Color Comb bind 5 copies • General Plan Update & University Neighborhood Specific Plan 494 pages Double-sided Color Comb bind 5 copies • Draft General Plan 218 pages Double-sided Color Comb bind 5 copies Note: Some of the documents may pages that are 11 x 17. Please email me if you need additional information. Hope to hear from you soon. Monica Monica O'1Weifly, Administrative Secretary City oftaCm (Desert 73510 Fred Waring give 1'afm(Desert, CaCtornia 92260 E: moreiCCy@cityo{palmdesert.org i