it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Supplier is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Supplier has a collective bargaining agreemen t to refer either minorities or women shall excuse the Supplier’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the non- working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Supplier during the training period and the Supplier shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Supplier shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Supplier’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Supplier shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Supplier’s employees are assigned to work. The Supplier, where possible, will assign two or more women to each construction project. The Supplier shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Supplier’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Supplier or its unions have employment opportunities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Supplier by the union or, if referred, not employed by the Supplier, this shall be documented in the file with the reason therefore along with whatever additional actions the Supplier may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Supplier has a collective bargaining agreement has not referred to the Supplier a minority person or female sent by the Supplier, or when the Supplier has other information that the union referral process has impeded the Supplier’s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and Item 1J - Page 49
trainee programs relevant to the Supplier’s employment needs, especially those programs funded or approved by the Department of Labor. The Supplier shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Supplier’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Supplier in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Supplier’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Supplier’s EEO policy with other contractors and subcontractors with whom the Supplier does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Supplier’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Supplier shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportuniti es and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Supplier’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
Item 1J - Page 50
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Supplier’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor assoc iation, joint contractor union, contractor community, or other similar groups of which the Supplier is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Supplier actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Supplier’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Supplier. The obligation to comply, however, is the Supplier’s and failure of such a group to fulfill an obligation shall not be a defense for the Supplier’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Supplier, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority.
Consequently, if the particular group is employed in a subst antially disparate manner (for example, even though the Supplier has achieved its goals for women generally), the Supplier may be in violation of the Executive Order if a specific minority group of women is underutilized.
10. The Supplier shall not use the goa ls and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Supplier shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Supplier shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Supplier, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Supplier fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Supplier shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, Item 1J - Page 51
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246 Item 1J - Page 52
FAA – 17 Federal Fair Labor Standards Act
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if give n in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Supplier has full responsibility to monitor compliance to the referenced statute or regulation.
The Supplier must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq
Item 1J - Page 53
FAA – 18 Lobbying and Influencing Federal Employees
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award.
For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
• If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A
Item 1J - Page 54
FAA – 19 Prohibition of Segregated Facilities
Not applicable.
Item 1J - Page 55
FAA – 20 Occupational Safety and Health Act
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
Item 1J - Page 56
FAA – 21 Procurement of Recovered Materials
Supplier and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Supplier and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or 2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA -designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act Item 1J - Page 57
FAA – 22 Rights to Inventions
Contracts or agreements that i nclude the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14.
Supplier must include this requirement in al l sub- tier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR §401
Item 1J - Page 58
FAA - 23 Seismic Safety
Not applicable.
Item 1J - Page 59
FAA – 24 Tax Delinquency and Felony Conviction
The Supplier must have certified under the procurement process that resulted in the award of this contract that:
• Supplier has not been convicted of a Federal felony within the last 24 months; or • Supplier does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Item 1J - Page 60
FAA – 25 Termination of Contract
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1J - Page 61
FAA – 26 Foreign Trade Restriction
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Supplier certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Su pplier must provide immediate written notice to the City if the Supplier learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Supplier must require subcontract ors provide immediate written notice to the Supplier if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Supplier agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Supplier may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Supplier has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Supplier or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Item 1J - Page 62
Reference: 49 USC § 50104, 49 CFR part 30
Item 1J - Page 63
FAA – 27 Veteran’s Preference
In the employment of labor (excluding executive, administrative, and supervisory positions), the Supplier and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Item 1J - Page 64
ATTACHMENT A
Item 1J - Page 65
Com1preJtiensive Airpcut M!aster Pl!an
Palrn Springs lr1temational -rport
Pa rn Springs, California
In an effort to estabr h a so 1d plar1 ror develqp:menl to accommoda te record gmwth at Palm Springs lnfemalional Airport (IPSP or the Ail'"IX}rt),, Ille C:my of IPa'lm Springs , own er and operator of PSP, alorlQ wilfl the Federal Aviialion Adminislraoo n !.Jos Ang es Airports rnstrict O ce (FAA-ADO) have elected to unden:ake an Airport Master Plan for the -rpor1_ Mead & Hun!. (consu anl.) has eveiloped a, s.oope ot services lo provide this study .. The sfudy will a:ddress changes in the PSP's qperational and impmvern ent envrronment since Ille complelion of prev ious planni11g processes, -11cluding, buti not rn ired to: s,ignificarrt increases i number of ak carriers , number of commernial air carrier seals availa'llle; changes in deve'lopmem priorities; changes in naJ ural emriimnmen t a d land use compati bility considers ·or1s; changing regional eoooomic ·n pact considtn'Cons ; .md evo1v·11g actors related to fina cial rt nagemem to enalll e Hle airport to meet operational and capital improv emen fiscal needs .. liihis Scqp e ,of Services 001,•ers the plan ing services and tasks Hoociatecl wilfl the ·rport Master PJan and the Hooc ia.ted Californ ia Bnvironm enml Quality Ac (CEQA) analys is and Bnvim mer11lal Impact Report (EIR) .. The projectw i]I essentially be complete d -n three phases 01i'er a toml 30-mont timefrnme .. For he purposes of FAA gran funding, each of Ille hree· phases · expected f:o re~ ·n ad nrera'ble, or a, 1usealll e unmot v.·or'lc The propos ed lflree phases are:
Phase I - T em1inal Area, Plan
Phase II - Airfield and Landsiide Pfan
Phase Ill - CEQA EIR
lihis document proViides the folio g ir1 ortant · om1ation rega r 1ng he prqpoS:ed study:
Baclkgr,ound in om1a1ion descri'lling Ille context ·n which the master planning e art I lbe ac.oompliS:h;ecl;
Areas of ernphas is or · is master plan ing effort inc!lu 1ng Ille impo:rum ce of the project sclhedule; and
Project se-ope clements, desc,rfu:ing e actual worfl activ· -es, respo flSibi 1 · , and level of e ort B.ackg1round Information
liihe Airport was i if lly construct ed as a m itary tra ining mci 1ty on land owned by 1he Agua Caliente Band of Qahu Ila I dia•flS due to the clear wea.ther a:nd pmxiimity o March f ie!ld and the l!.Jos Ange1es mefropo 1bm area . Aft.er ffle rt ililary ra·ning funeitions 1,-ere reloca ted to other airfie!lds in Ille reg:ion, fue Airpo · was deo1ared surplus in 11945 and was transf erred to the War Assels Admir1istmtion for 1s:J)osal.
The Oily ,o Palm Springs purchased Ille land in 196,1 and converted iti to Palm, Springs Municipal Airport
Item 1J - Page 66
Today , t e a·meld is operated v{ hr.•o rum1,rays, Hle· primary runway , 1Runwt1,l,I' 13Rl31 L 1(10,0[!1[!1' :x 150') arnd Ille paral I secondary runwt1,y, IR:urnw.ziy 13LJ31 R 1(4!,9'52" :x 75')L Some n1ajor pmjects recen oo pleted at IPSP or cu n-en~ in process irno1ude:
• Passenger boa:rdirng bridg e replacement, 18000 Co: co rse (2[!122) • Ticketing llobby exparn"'io · · introduc ·orn ofsemi-irnrirne B0,ggage Htmdling Sys em 1(2fli21)1 • Air Operatio s Area Pavernernti Mimag;emen Plan upd ate (2,[!120)1 • TSA Chedkpoim Scre en·ng Area E:xp1m1sio: (202[!1)
lrn accordimc e with tile FAA's g;Llidan ce irnduded in FAA Adlliioory Ciroul 1501507[!1-618, Airpaff Ma•ster Pkms, a airpo , mast:er pla is a oomprehernSsive "' . dy Hlat address Ssho -, meclliuin- and long-term plarns or airport develo;p:me11t mciudes the o lo · g elem ents:
1) Exi" ·ng cond itions inventory;
2) A ·afia aotivify' forecasts ;
3) Facility requ ireme ts (needs) determinatioo ;
4) I mprovem e t al emative develop rt m and ev:a oofio 5) Pr~arafion of preferrerl airporti irt proi.•ernent pla ; 6) Rational or unusua l desigrn features andlar mod i ca ions to FAA Airport liJeSsign 51:arndards; 7) Summ0 ·ry io · ihe 'l,l'arious sta es of airporti: develo;p:ment imd layout sketches o · the m!lljor i en of evefopment in each siage .
8) Pr~arafion o the orng-m r.ge Capita l Improvement Pia ; 9) Upd:Jfe of Airpo l ayolJti: PJan dra · g set
The City iof Palm Spriirngs has deciided to cond c Ille Airport aster IPlairn in two primary phases in the interest of he prQject schedule. CT e iJ orementiorned Phase Ill I a ress the CEQA requirements assoc it=1ited willl Hle near-<tem11 c0pital imp ,ovemernt plain reeort mended lby Hle Airpo astier !Plain.) !Phase I ·11 address the ermirnal area while !Phase II wm address the mrfieJd and lands ide developc'lll e areas .. Boih phases are inte ded to lbe subsbm ial]y oomp1ei.e 0.t the end of Augm;t 20123 at hicll poirn1 a Draft Airpo'ft aster Al am documen t w i I be produced ..
Reference Docum"e11rti:s
Oompooe sand prepa ration for both Hle ma~ pl arn narrative and req ired re j .. ·ons to the A!irport layouti !Plan ... sha11 inolude all iti.efins in the Airport Layout !Pia Chedk st, SOP 2.0, the · ·rpart srer IPlail'TIS AdViisary Cimula r (AC 150!5070--618) and the Airport Des ign Advjoory Cirnu'10T (AC 150!530[!1--11318) arnd other app l·ca'b'le FAA Orders , Federal via ion Reg lalio ns 1(FAR , and AdViioo:ry Ciro am.
Addruo:nalty, the prQjecl sha'll lbe co, pleted in oonroflill0nce . · · appliClible portions io :
FAA C 15015325, Runvmy Length R:equirements
• FAA Order 105. .. 11 Po.lfcfes ~nd Procedures for Cansiderinf} Enrvironrnent:aJ lm,p.ac.ts • FAA Order 5050..4 Airport Emtirormaeatul Himdbook
FAA Order 6260.3 , f ER'PS
• 14 OFR Part 11, Objects Affecting Navig,m,le Air~ce
• FAA Order 500 .3 , Coon:iination ~ · h the Federa l Highvmy Arlminislmtion· • FAA Order 74!0 . , Prooedures for Handling Airsp:we Ma ers
Item 1J - Page 67
• FAA Order 5·1 Cl ~38, .. "rporl: lmprovemen t Prog ram (AIP) Haindbook • FAA Order 11J131I2 , Airv :ay Ptannin JJ .mPdard urnber One, - Te n in.al Air N,(jviga ion F./E/Tiiies and Air Trnfftc Con rol Standard
• AC 1I5lJl50 60-5 , Atrporl 1Cop.acit, oOO Dekly
• AC 150l5300- 1I6A, General Guid.ance ,and Specifications for Aeron;gi,UUC[tj un1eys:
Esta·blishmen.tofGeodetic Contro l ~md uim issi on, ·o tire . ation.[J_i Geodetic Sun.tey • AC 150/5300- 1I7C, Genero1 Guimmre and Specifications for Aerormutica ,J S.f.N"llley Aiqmr1 fm-a,ge,y Acqui:sioon .md Submission :o the . ~ km.al Geodetic un.tey • AC 150/53fl 1100, Generni Guid.:mce :1nd Specifications for Submission of Aeronautica l Sun.re.vs :o NGS: Fie.id lM~ Cal eclicm amt Geogmphic information Sys tem (GIS) Standards • other Ap;p'.li cab e f M Ad\rjOOf'JI Cirolll ars., o~ ers it'lnd Reg1J1l;0.tio s Projec t Scope · Elements
lithe · o lowi ng seciicms describ e u,e proj ect soop e e ments or this ma .. er pla· ing effo rt. li y a:re organ · ed as o lows ::
1.. D0m, Cdllecticm / llmrerirory of Brnsting aond·mo
Aviatioo Ac i · , . Forecasts
3. hase I Tem1·rial Area facility Req irements
4. hase I Tem1·rial Area Alt emafives Ariallj-sis
5.. Pill:ase II Airfie ld alld hnds i e Fae lily Req iremerits
6.. Pill:ase II Airfie ld alld hnds i e A erootives A!nalysfa
7.. A!irport Layout IP-Ian
8.. Fa.oil" ·es lrrnplementation Pia
91•• Fina: cial Feasibility alysfa
110 .. Comm icy Outrea ch!Stalre'holder I put Fae litation 111 .. Doc1J1men .tion (Pfl.ase II, Ptmse II aster IP-km) 1 .. AGIS , Aerial !Photography , aria Bou aary 9 n.•ey 13 .. Study Des i , IProjec · 0 agement, Coor inafon, Co mLmicatiori 14 .. California Environm tal Qu0 ify Act r(CEG!!A)r Bn ·ranm eri I lml);!,'ld: Report (BR
1. [)1ATA. COLI.JECTION/IHV ENTOIRY. OF EXISl l MG COHDIUOH S li is elem 1• i . •o . es the esmblis men o f a so nd b:asis or plan and program ae' •elqpm eri lllro g the ass· ilation a a aooom en ation of a:ppropniate !base data . axim m ulil izaii an r0 existing inform0 · on which is c nren and app 1cable to the o .j eeitives a·nd o er0ll il'llten of · is .sru~ · I be made to avoja red1J1r1d0ncy a a 1J1nneceoo01)!' data cdl ecoon.
1.1 tdentif icam:rn of Availabl e Inform tion
Existing dal!:a a d inrorma ·on, such .as, bu 1oo1i necessarily 1m· ea to, ocum:enf.s, Imaps , stud ies, aria projecls currently underway or in Ille pl0nn1rig stages (o: aria off airpo rt property and in Ile "-'°c· ity.) fil m:ay directly or ind· ec-fly i ml . e. ce lllis study eiful1: II be identified arid reviewed .. Such i fonmatio v.•01J1I , for e:n:in~ple, iriclllde a review of any ex· ting regio: al nd "' te airport system pla s, ex· · g airpo ,· layo . t pl0ns, oompreherisive pla riin g,ro mar10gemer11: dm::1J1ments, existing land "'e, land use
Item 1J - Page 68
zo ing, surfare transporta · on pla s, utmty plmlS, engineering reports , city master pl3'flS, prevja . s ern'fliir,ornmental studies, :md ooomenlatiiorn prepared ifar 3·rpo improvement projects , among oth ers. lihe oollSullarn · . II review ~ate 3·00 FM 3irport 1pl1ms 3nd capital improve:men pmgram files received from the Airport .. The d 1verah'le of this taslk w II be a s,ummmi zafio o ~ey data , infonmi tion aoo pl3'1lS rel a ·mg to developmen t o ttie Airport lo serve as i put lo ru ure tasks .
1.2 Faorl'iti:es Inventory
From seco 111 d3ry i11rorma · 0111 sources and oo-sffie ah servat ians, ttie cornsul nt tearn ·, ·11 iinvenlory tac lities wilhirn the bourndaries ,of PSP .. The iinvenforyw ill include the ph~ica:I layo t of bu Id. gs ,(exteriior ,only , runways , taidwa,ys, a:irfi d ligh · g, apfiOns, ,om-airport lioadways , a:oo rnm,riiga iorna electrornic la:ooing aids.
The raci ifies ·morrnafion Iha · gathe red wi I resulti ·n 1.r.1mfe111 3nd graph ic documenta tion irn the Airport Mast er Pl3n , as well technical dra1Ning file docu men · on (AutoCAID ) for use in prepa rmia· o lhe Airport layout IPlarn.
The de 1verah'les · or this tas1t: ·ndude a sumrnariza ion of Ikey dala :md infam1a ion an PSP facilities in the orm o · ·Lilar data a:nd exh ibits reg3rd·ng !he a'irfield, oo-a·rpo roadways , on-airport bu ld"ngs, etc ..
1.3 Passe111ger T erm i m.~11 lm,1e tory
Airs ide arnd la dside com ponents of he terminal area ·, II be as,sessed in lhis inve ory. Attemio: will be paid to then mber and cornlig;uratian of airora pa:rking posffiollS by a·roraft s· e a·oo passeng er access to the terrii"rnal, aircra and pas,senge r cirn alicm, d" biln lition of spa.ce by ftmctiona l use •i in Ille ternTirnal bu d·ng as set forlh irn o nren a.s buil ra . . ·rngs, vertica l c·roula.tiorn and co11fom 1ify with current AIDA requ irements , bag age h::indll" g Sil)aCe (" nc udling the existing p1::inning study for an inli e baggage s,creerningtexp losive detection system ,(BDS )). rn.c lil:y LI • 00111 by pub 1c a:nd rnoo-p blic "paces , and a e arnd oond· · on of the term· al b' ikting . It is assumed that ttie city will prov ide electronic reoord dra Ni ngs (PIDF fomml) of each exiistirng tern,· al building constru · ·0111 pliOject and CAIDID fi'les o the rerrii"rnal bu ld"11g w plex :r.1hich , II be S< pplesmenfed by the oons ult3 fs on-site iobservaticms a:nd me~surements. Ad ifion terrnin3'1 components to be iinventaried inclu e:
• The cansu lta:nt 1.r.1ill dacume · t age ::ind ca11d1fion o each ma·or terrnin31 oo pornent This irnfarm::i · on wi'II be used to evaluate optiio:llS ror remo. !e'I, replaceme11ti and expans io o termi na'I compo ems to meet ~1.11: re pas,senger roreca"' emands . lihis inforr11ation is required · o accura tely cost estimate and evaloote t:erm·rm1 building rem.ooel, replace n mt and expa ·llSio altema · es to m.eet orecast passen ger emand .. The coosu am v.1ill ::i'lso inverntory the terrn in3'1 building mecha: ical systems.
• The consu ltant v.1ill ::l'loo prei!)3're a:n im.•enlta:ry of eXJis,tirng powe r ser\lice capacity to Ille b iklling irn clluding dacumen .tion of mul ip po·nts of power servJce canneclian , terminal powe r load based o ac,t al use, emergency genera a power capaoitiy and excess capac ity avail/Ible fo:r tern irnal expa: siorn. Eva ua!e Ille a-ge and oond· ion of the pri n 1)1' power systems a: d estimate the life exp ecta: cy. Evaluate the~ e and cond · ·on of · e e>:1isting lighting systems and estimate the life exp ecta: cy.
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The de rverdb'les or th is tasik ·nctude: a, termjrml inventory for incllusion in a lill!3Ster plan clhapt:er, which inclu es:
~ ' exhibits depicting tern, · al pfattom, , ineilud·r.g par1':ing, head hous.e, con aournes, and apron 4-5 pages. of clhapter text, owmenti ng po11,•er and buil 1mg systems pertinent informa tion
1.4 VeMcle Acc.es.s, Circula tion and P'ark·no lnrv entory This las1t in elud es. in ·rwentory ,of 117e roo.dways, inters eotions , curb ~ron , ren ta1 car facilit ies, tra m;.po:rm ion networt oornpan· (liNC s r,,ta ing a:reas, oommero ial veh icle s,taging reas1 public t:rarmpo:rmtion, imd genera l ground access. in the lem1·nal a:rea. [lafa ool cliion . II aonsist,o reViiei1,•i11g previous. master p,lans, other pla: ning dooume nts., and environmen ta l st1.1d·e.s.. Vehicle parl(ng in the terminal area . I a'loo be ·nventori ed and paril( ng data . I be ool cted arnd assess.eel. Federal and s e a:vi.ilio n plmlS and airpo , lena: t's development p s. w:ill be revjev,,•ed. An eva'lua ·on of pedes, · aciilifies and m obi'lilyv.•m be provide d. lln s.s noted , the inventory will no incilude asses.smen of rernairrirng use;ful life ,or w 11ion asses " nlellts. ou tside ohrisua l dboorvation ..
The de rvera'b'les · or this !as1t includ e: an acces.s, circulation , and pam ng inventory klr · clusion in a maste r pl1m chapter, wtiiclh includes:
3-5 exh bits dep·cling ion-a·rpo:rt pu111ic roadways.; tem1innl curbs ide, airport paoong tacitities 2-3 pages. of narrative ctrapter text.
1.5 Existing Land l!llse and Zo 111ino1 llnrve111tory
Revjew of ex isting land use a:lld land u s.e zon ing in the viciinity of the Airport. Genera l bounoo · " can he in· ·ally estab l.med · or ascertaining land use and z,oniAg patterns b as.eel on · 1gh tracks and tte delinea ·on of he airport environs . This envjrons. area wou ld then be re ned bu woul d extend a minimum o one mi o each nmway end mid one- alf ile off the sides of the ru H3y . EXJis,ting land use 11,•i hin the airpo , env irons 11,•i I be rev iewed and land llis within live mi of the ·rport ·11 be ide ntified. In di ion, natura l charnct er'is,tics th.a. will impact ev opment and planning ,on and off airport property w i I be identified. l<ey transportat ion rou tes and p1..1b 1c uti 1ly rights-Of-way will be ·dentined.
The de veraille of th is tas1t is 2-3 exhibits of e xisting land us.e and land use zoning pattems. with in the vicinity ,o · tt,e Airport and input to later tasks .
1.6 A irspace and NAVA.ID S l111ve111tory
The ronsu ant te-a:m wi I idenfify ar,d document a· ... pace in llhe vic·nity ,o 117e Airport This w ill prov ide a:
inventory a:nd assesSirnent ,o · a I procedu res a:nd the u iliznti on of a:irspa ce that is p oten · ally a.ffected by, ,or affeots, opera · onal aotivny at the Aijrport.
llhe de rvern'b'le of th is tas!k is a tatr lar s: rnmary of NAVAi DS and a general airspace desci ·ption to be inclu ed in chapter lexti..
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1.7 Enrvirolilmer rdal Cond 'itionrs IJcvervie-w
Th roug'.h the use of exisfrtg sources , p -or environm en I documents , and im.eme -b0s ed re~rch, title oonsultam II preiPa:re an environmental overv- •· ,o the Airporfs environmental seffirtg , which 1Ni'II identify crillica.1 environme ntal reoou rces_ The 0011Su'l!:an · II iiden i a d m0p physical and en ironmenta l oonctilic:ms in . -, in airport prqperty ifrom existir-.g information sources .. It existing , the co11s< lb.mt will describe he na, rnl 1-mimtions for d evelopm t, including floodplains mid flood :ays, prime fam1'lands, v.•eflands , ir con cems, brow nfield areas, rem edi.ation areas , Section 4 (f), rec reat ional land, and any othe r poten tial envi ro: men I issues .. The consu l nt is no · responsible fo:r fflre aocuracy of in onma·tiio: tha is provid ed by other sourc es, but I use st:and.im:l reso rces, such as f EMA floodpl a- mapp-ng, NRCS Soil S rveys, and the US F- h and dliife Service Na -onal Wella nd !Inventory, etc _, along with preViiously prepa red environmenta l do cumenta fio , as ava labfe_ This t:ask does not include any 0:11-si" e surveys of er1vironmental cond itio11s or resources ..
1he de vern'llles · or this ras,1t -n:c ude: an enviro:nrnenml ooooi"ltions overvJeN for -nclmiion in a mast er plan cihapter, ic inc ucles:
2-3 exh its depicting weillllnds, floo 11.lirm, en -ro: men lly sensitive areas 2-3 page of narrn - •e cihapter tert
1.8 Enrviironme11tal IBack,ground Stud iesflReports
The consu am . II provi e support far tile prepa ration of t:eclhnical aoolyses or the ifollowing topics:
·•· Biological resources ;
·•· Ou'tlurnl resou rces ~buiH environment , arch3eo jogical resources, paleontologial'I reso rces, a d triba l out reach suppo );
·•· Air q fllily and reen'house gas (G IHG) en,- sions; ·•· No:ise; arnd
·•· Surface traffic ..
The con su arn1 ·. II preiPa:re each repo:rt to serve as a, backgrournd .study to suJij)Ort e IPriOgrnrn El R .. The co:ooultam w II subm:iti an electronic i.•enf orn of ooch d rn report to he City S .ff and Aijrport Smfif and respon d to one ro . d of pr,opoood rev- iorns..
Prep tue Biologica l! IResouroes Techn[ca l Reporrt
1i e cooou am . II conduc a pre1imirnary esktop rei.ifew ot avail ab lbiolog-ct1I resources. data associated with the Airpo: that incl es. the Californ ia Depa rt m o Fish and Wildr e (ODFW) Ca'lifomia Naturn l [liversity Da base (CN[l[IIEl); the California Native PJt1n Soci ety (CNPS) eleclrornic i •enroJ)f; the u_s_ fii" , and Wil life Service 1(USFWS ) I ormalio 11 or IPlarnrniAg and Consu ltation (DPaC)i crific!.ll hab- ru and species lists; a'llCI the fological Resources Assessm ern. and CVMSHOP Consistency Anfl'lys- _ The 0011Sultam lN II build upon hese iresources arnd the !biological ass essment pr~pa red or the previous Airpo:rt aster P\larn to parifo:m1 a m ore c:o pre:hernsive review of available data arnd known . -olog:ical · aster P,lan pro-eots to further identify pote i.1111 biologica:I I em:a~ a comp alio n of read ily available o cu n,entatio: a11d sernS!ifive biological resou rces data , inclu i11g OOFW CN[IDIEl; CNPS eteclro rnic - •ento:ry; USFWS IIPaC critical habitat and species r ts; Natio'ool Wetlmlds Inventory (NWI ); Nationa'I ~ rog:rnpll.'ic Data (NH D)~ Coocheilla Valley M . -pte Species Ha'bi!:at Cons erv!.ltion P\rog:rn n1 ( SHOP) data; and other oources ..
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llpon comp tio11 of the desktop review , the oonSiu l nt vii I oo duot a general biological survey and habitat asses s.rnent o · O,e· Prqjecl si te to ma;p vegetation coo1m1.mities, assess Ille suitab i]ity of hab:iltli for seflS • "ve pl t and animal species, create a prenm·oory 1ap of poler! ial jurisd icliooo l waters and 11t•etlaoos, and note oth er se11si ive bio ogical resources p erernt ,or wittl pot en · I to occu r_ ~esen t ive phorog:rap'hs tmd a r of plant and animal spec ies ,obsen,•ed ·11 be o ined in ffle field. line eftortwi 'II identify arnd map areas on and ·mmed· tely adjacent to the projeot site ~o, poternlial to support rens!ir •e s:pec·es, to inform Ille prog;mn rnafic arn,l1ysis, and to identify the need to oooouot focused proro col-teve~ s rveys a a, rut re tim.e. Protoc:ol-lere l sun,•e-ys are not inclu eel in this scop e. llpon comp io11 offielcnr.•o ' , the ooflSuHan I prepare a bio1og·cal resou rces technica l Pfl1port t:o s~rt CEQA review. line report wi describe the survey mefflods employed, prese nt the reSi te:s o the fie!d11t•orik, asress the potential or add " · anal sens· \ re reoo· roes to occur on the si e, idenllify reg lilatory issues related to Ille ire-sources on Ille site , assess Ille poten ·a1 sigrmicance ,of Ille prqjecl ilillpacts at a, progr:a:mmatic level , and recomm.end poten ial n lliigation m easures, · cludi ng perfommnoe--lbased mearu res to g; ide future projecl irnplemenfafion ..
Cu'rtuni l Res,ources Tech nical Report and .AB 52/SB 18 Coord ination The coflSu ant . I co d c a rec ords search and bao'kgmu nd researc a·nd will summari~ e preViio s ruttura l resource findings from e 2015 I ilia l St dy ,(DSI ND) OU:ltiural Resources Asressm en (LSA 2013). T he cons.< im Wiill 0000 ct a records seardh update at the Eastern lnrom1ation Ce11ter ,(EiC), a the llrniversity of C./llifomia, ff ernide, to identify previously reoordec:I cultura l resources arnd cul . ral reso . rce st 1es dowm ented within a 0.5 m1le of the pro· ct site. Arch· a'I researoh •i I ·ndud e a reViiew of fhe Car omia S1afe ff to · c Property Data Fi :e, v.•hich · d udes the Nalicmal Register, California H" tori cal l arndrna:rlirs, Ca'lifomia Po:irnts ,of Historica l I nteres vario . s lo cal historic registers, and lh:istoriic n ps. The oollSu an1 Nill ./lloo r es,t a search o · Ill e· Saoried Lands File ,(SLF) a Ille Native Ameriican Hermge Oomm· sion ,( AHC), to identify places of spec ial impo rta: re to tribes.
To support Assembly Bi I (AB) , 52 arnd Seoote Bill (SB) 18, go.•ernmen -to-go vernment Nw ive Americ an ooflSu ation , Tlhe CO'flSLI ant · I oWai n from the NAHC .an upda ed coo acts r ror AB 52 Native Ameri can reprerernta · •es r.- ed on the City' s Nallive American corns lling tribes l"s,t. If the Cily doe-:s no have an AB 52-i tere-sted bfues list, the comrul nt will request an AB 52 comacts lisii from the NA!HC for the p ,ojec area .alld su:rmun d1ng 0.5-m:ile radius. The ooflSu am will coordinate wittl Oitiy s ff to pr~are dra , letters o use by e City when completi ng AB 52 and SB 18, oonsul ion. he· res ts of the City' s oonfide11tial Native Ameri ca· coosultation will be ~mmmariz ed · the Cultura l Resource Asse oom.e11t Report
A 2013 cu'lf111ral resources r~ort owmen ed archaeological su .ey of expos ed ground surface witt11n portions of PSP. The consu a:nt wi'II conduch pe esbi.an " rv,ey of a;ppro:( mati:ely 2fli acres with ·n the Area of P,ofen ·a1 Effect ,(APE) t.•here Ille g:rou lld is vi .. -ble ,(i.e., areas rnoti ~ ,ved o buil on),. Areas previouslly su eyed by LSA t.•i I not be inc uded. Fior the p rposes ot th· scope , the oollSuUan asSiun es tha no c . ur./ll reoouroes wil I be idenlified,. Should newly iderrufied arohaeolog ical resou rces occu r during the sun,•ey, the loc:a ion m1d a brie,f descripfio:n of the resource , ·11 be recorde d on a Ca ifornia
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Depa men of Pa s and Re creatio: Prirnary Reoord with an attached locatio: map and oven iiiew imillge .
Pos itive s1..1rvey ncllings wou ld reqL.i"re a scqp e illnd cost illLlgmentfo r full re cordaf om illnd a eva11..1a -om ,of reso . rce el1gi . ilitiy for imcilmiiion im tihe Californ ia Reg- iter of H- torieal Reoo rces_ lihe 0011Sultam . I prepa re a C1..1ltura 'I Reso rces Ass essm ent Re port th:J . -11 iden tify locilll state , a cl · edera l policies lhat pe l3- t o tf toricill l reso1..1rces illmd Trioo l C1..1 ra'I Reoo1..1rces ; describe the enlfiir,onmenta l and cu 1..1ral seffi Ilg; de ii meth ods and res< Its. oH he ard olog;ical s1..1rvey; provid e illn im pacts amafys is; illnd make reoommenda tions or Mure projec -specific studi es amd lrea lmen t o ina: en.en 1scovery o f c1..1ltural reso . rces o:r human rema ins .. The Cu'tti1.1ra l Resou rces Tee nical Re,port 11,•ill he included as a con denlia l ap;pendix to lhe Pr,ogrl3m E l R. .Air Ql!l!al'i:tyl Grre n tl10use Gas Tech11ical Rep ort lii e 0011Suttam I prepa re an a-r quality and GHG ana lysis fhm II incilude a d escrip -on o f Ille ex- ling oo lio ns and th e curren t reg la o ry emrar,onmen t. The polh.mmts of coru:em in Ille vi ci itiy of PS P and fh e-r known hea.1111 e'ffecls w ilt a1oo be described .. St a e and ·0edernl ambie n·t a-r qua1ny standards , the Salton Sea Air Billsim's (SSA B's atil!a - mem smi1.1s w itti rega rd o 1hose s noords and · p plica1Jle South Ooillst A-r Qua itiy · illnagernenl Distnict ,(SC-AQ · D), Rlules amd Reg atio ms nd Air Qual ify Mana; menl Pl3in (AQ · P) ill be summ arized _ The r~ort ill oo "'i cier lbofh a1tin ion and n on-aviiilllio: em- sions so rces ..
vi.a -om-related air qua ray e eeits . I be ev aluated 1JS1img Ille FAA's A iatio n Emviironm enm'I Design oo (AEDT ) and f AA~p proved rorecasts _ Oonstrud io period emissiioms wlD be estimated using fil e lates illppro ed vers io of the Ca ifumia Em- sions Esti ator ode1 ,(Ca'tEEMod ) .. O;perntional em- sions 11;1ill be estimated lbasecl on lan d use type amd 5l<ize, da pmvided in Ille traffic study, and Ca1EEMod defa1..1lts_ Crit eria and thres!oolds or determi ing Ill e sigmi1iica ce of impacts, 1..1simg Ille SCAQMD's Signifironce lii resh • els, wll be id!enlliied as a g ide ifar Ille ass essmen of impa cts_ quar ative eva l . afon o.f po tentiilll to xic air eon n -nant h ealth niSsks and o bjeotionab le odo .,. 3S$OC1iatied INith th e p ropos ed Airpo ,
1..1ses on e:llriby sens.iifi.•e recepto rs (i..e., resid!ences , hos p- Is, schools , parks il l atoo lbe pre pared _ lii e ill-r qualey techn ical repo rt will identify meas1..1res lllat coo]d be inciluded in Ju re Airport developm ent t:o reduce em- sions_ T he oonoo'll!an -11 co · e a co s istemcy a11a1ys - to dete m ine n fhe propos ed Maste r Plan co fom1s to e loca l Air Quilllitiy · a agement Pia (AQ P)_ The amsu ttan I ana lyze po tential GHG, em- sion -mpillctS, esori be Ill e 111 thodology used , ass ess poten tial impa cts, amd identify mitigatio n me~sures as ap;pro;µoote illnd necessary _ Significan ce · -11 lbe illssess.ed based ion the SCAQMD guida nce _ S ig; i ea11 ee ·. II also be m1;sess.ed by oonsidea -Ilg · •helher iflrq)le:men!a -on ,o · Ille Proj ect v.•ould oontrc . - · am app1ieabte , pla , po 1cy, or reg1..113ition a optied for Ille purpose of rec! cimg GHG em issic:ms, inclu ing the C ity io Palm S;pnimgs Olin,-.ate A.coo Plan_ Noilse lmpsacl Report
lilh e 0011Suttam I preiPJire a Ieclh: ical ana lys - of potentia l noise impa ct s ass ocia1:ed Wiifh avia -om and mon-aviiatio n oo rces, such as pot enliilll constru ctio n nojre imp3ds. a cl gri0und-le.•e1 vehici illr no- e :llssooiated with lhe propcmed · aster P ia pro-ec,ts . Aif . tion nois e w ill be identilied 1..1,;-ing Ille FAA's AEDT
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tool and appmi ed iforecas s. The oo su'ttan wm identify .~hort-temi am ien nafl-3 1/ tion noise meas1Jremen at LIP to three locafiom;. 3'.ro . llCI the Aijrport and targeted locations . · · a · ocus o: noise- 0011Sitive land uses . The noise a alysis wjll rons i er wrn analyz e an ·c·pated cornstrucoon ac,tivflies far Ille proposed improv ements and etem1ine pofential construc tio n rnoise levels at mo· e-oollS· ·ve locaoo: s. lncireases in veh·c1Jla:r traffic that may oc,c1Jr as a 1resu ,o the aster P~arn improve,rnems will also be· arnalyzed based on the traffic arnalysis (see ifollo ·ng sediion) .. The resu11is of this analys is wi I be provided in a Noise Impact Report lhat wi I i ctuclled as an ap;perndix t:o lhe Program Ell ...
Traffic tmp:;mt Analysis
As part ,o the OEQAJEIR developm en , the oonsu lam I cmry ou the I.and-side tra:n.sporta ·on CEQA arnalysis oonsisten !Nil:h the Q fy of 1Pa m Springs Traffic Impact .A.!nalyi;o· (li lA) G id ines (Ju'ly 202.CD) d the overall ~ uirements of Ca'lifo:mia's SB 743 gisl.tl ion_ The Citiy"s T11A gll idel" s ca I fa every project to first be screened to ooe if · · meets ffle requ irements or a frad i ·onilll lOS Traffic I pac,t Analysis and/or the SB 74!3 CEQA V T analys is using he Riverside Oollnfy Trave l Ana lysiis del ,(RIVCO }, lhen carrylrng ou the analysis as required. f ,or the LOS screening, the sfudy area boolldar'i es for LOS assessm.ent are fi ~t defined to inc e e area aro d the pro·ect i{Aijrport ), where the propo"' priojecti will add 50 or more pei1k hour mps (noHo exceed a 5-m le rad.us). WI in this area, intersection and road s,egments are ass essed compared to the Existing ,(c1Jrrenit)~ Bacikground (exlisting plus add " ·ona'I non project dharnges in land use and roadways in area), and Cu n la · e (hJ . re oondilions to identify locauo: s where he project I ca1Jse an intersection or mm::I segn m ,opera · g a ac~tab le ,(LOS D o:r better) levels t:o deteriora te to nacrep1a .. :e levels (LOS E. o F) o:r where the traffic delay irnoreases by 5 or more seconds ) .. Fo:r Ill e CEQiA T Screen· g, very small prqjeci:s ,(FAR oo than 0.75) in 3'.reas lNi"lh very low VM'T, o · a specific ·ty1pe (s.chools, parks day C3'.re cernters)~ or gen erating less than 110 da ty vehicie hips may be saeened out. he CEQA W.IT analysis is I ely to be required ro:r 111-e Airpo asfer !Plain. The lOS .A.!nalysis may at" may no be req ired.
Oonseq1Jenlly, lh-e fol 01Ning eleme :s are proposed fo:r the land-s ide trarnport.a · on CE.QA/El R anaty-sis USiing Ille RI CO Im spo aoon mode:I.
• Define the LOS lmpad Area based 11.q)On pot ernoo1 increas e of peak hcmr hips &alls-eel by imptementirng lhe a,;, er PJan recommendat ions.
• Sueen fo:r TIA LOS and/or CEQA VMli Analysis.
• If requ·rec1, &al'if)i' out lhe LOS An.alfysis far general plan consistency, which nmy include ffl1e iden iiical icm and testing of m· iga ion measures at specific locaoo: s. • Carry om the OEQA · T .A.!naly~is uti IZiing Ille RIVCOM !ravel iforecas ing tool and n:s apps or es ·maung T ruid tra.ffic by speed categories ,. Th" includes:
A ding · ·rpart Pa-ssenger Trips iinto the RIVCO model pr;ocess B ( ·ng Base rne Cnlld i ·ons RIVCO · Foreca:sts
E:J( ·ng Pills Prqject RIVCOM fiorecasts
Cun lalii e (FITTUre) o IPro·ea Forecasts
Cun l.aliive (Future) IP us Prqj eci Forecasts
Post Proces~ing ifo:r VMli per s.enrice popula tion (pop la-lion plus eni;p'.loyrnen ) and VM · by ~peed Bin using the RIVCOM Ap;ps.
Item 1J - Page 74
• Ass ess VMT Thre sholds_
• Provid e dri!ift 1.md firial r~port su mmar'ies_
Th e reqll irements are b®sed pon U1e comptuisons of Ill e· future traffic iiifild en:planemernls with and wilflout the project and are meant to focus on lho'w the propos ed c'harnges wilflin Ule Master Alan , -11 impac fille traffic arnd VMT it generates to and fro m the Airport
1.9 Wind IJ,ata A.111alysi.s
Wlrnd da.ta for use and arnalysis in Ill e facility requiremenls element will be acq ired fro m U1e National Oceanic and Atmosph eric Ad'miniS-tralicm (NOAA). The da!a , II be analyz,ed and formatte d as specified by the FAA for use on the -rport Layout Plan aml for rurnway or'iernta. iorn analytf _ Th e defivera'llles or this !as,'k inclu de:
wiml roses ror · clu"-Ofl -n the ALP set
wirnd tables for -nclusion on Ule ALP sel.
2. AVIATII.ON ACTIVlffY FORECASTS
Demand projections are important oompornents to airport masteir plann-ng_ Underst:andillg the demarnd tha · II be placed 1u;pon Ule fac lity during the pjli!inn-ng period al 011,• · or prqperty sizing and Sjpac-ng ,of faciirrfies needed to accomm odate that demimct The foOo - g tasks ocu s on projections ,of a:~rn -on actiwy ..
2.1 Av~ation Activ ity Fore casts , lllassenfl ,ear Dernan d a111cl True Visirtationi I.Jong-term rorecasts o a,viation activity serv e as input to the eva uafion of airport capacity 11eeds and development alternatives .. The consu ltant will develop 20-year annual forecasts o.f aviati on aciMly at the · -rport, Mtl1 approp riate demil a·nd measures need ed tor su'bsequent plarnn-rig t:as!ks_ The ronsu larnt will arnalyze arnd dev elop orecasts o a I f.Yipes of aviation acti -1y takirng place at the airport: commerc ial pi!issenger Ira c, air cargo, general aviati on, and militar y aircraft qperatio llS .. We an1ici;pate e~ rnd-rig the greatest e ort in eve!lop-ng · orecas:15 a:nd relevant tore cast defa Is for oommerciajl passenger lraffic, which accounts ror Ill e majority -and increas- g-sh are of i!iimraft qperatiol'IS and places the grei!itest demand ,om a-rport ta.ci'lf ies .. H is an -cij)ated lhat the base yea r wittl be eilher FY2022 ,or CY21J<22.
Tab le Types of A.v1iafioni .Actirvirty Measure,s and !Relev ant Detail A.vliationi Aofiv i'ty
Pass,enge r traffic.
Cargo ~raffic.
Measu res
• Enplanem ems
• ·rcrafi operalicms
• · ·rcrafi landed weight
• -r cargo lhrough:put
• 1-ca:rgo airciratt opera tiorns
• 1-ca:rgo airciratt landed
weight
Relevant IJe.taill
·• By airr ne
• By eql!lipmenl type (for aircira qpe raitions)
• Peak period forecasts ( or enp arnements and
aircraft qperat ions )
• By type of aanier: belly arid 311-ca r~ (far air cargo thro ughpu ),
• By airfne and equ ipmernl type: as Air, FedEx,
UPS, and olllers ,(ror all-cargo operations)
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Genern l avi afion
and mrlim iry
Bas ed aircraft
• · · rcrall operaliorm
• Number of aircrn
• By type of ,operniio llS: local am:! i · ern:rll
·• By type (e.g .. , jet, rbopro p ),
To furth er the oormu'llan team 's underntarndillg o · the currenl air service mgfk.et, a Passeng er Demand Alm1ysis will he completed a.swel l as a True Mark.et Estimate (outbou nd lrav elers ) and Trn e Visi .tion Estimate ,(inboond tra\'eters) ..
7ii e first steps wi'II efine e · rpo: s air service ca,tchm en area arid its geog:raphic boundary then guru, ify ~ destinat ion the number of air fra\'e lers · the marke t. The oormullan ·11 obla ·n ·r1ine Reporting Corporatio n (ARC ), da .. The AGS catclm1em area will he identilied by z·p code . ARC dam will re;presen a sta iisti~ lly va1icl sample of airr e ·ckets written by online agencies as 11,•ell as trai.•el agents in the airport catchm en area, regard ess of lhe airport used. Data. col ec,ted v.•ill ·ndude·, but is not limil:ed to, the angina ·mg air1Porl, estimation arid ·mine. In add.itian , the com~ullant wil us.e Diio i sources , U.S. [}epartmen of Trnns po alion (DOT) airr e report data, and localion-ioosed cell phone data.
The re;port wi I · c e the fdllow ing in ormation:
• Passe.ng;er Demand A1nalys;is
o Passenger reten ion and diversion by de" ·nation
o Regional disbib l.lition of tra\'el
o Airfine use oy airport
o Dome.,. ic and lntema · onal frue market es ·mare (Le .. passenge r potential by marikel), • True Visi ion Es ·mare
o Use of locat ion-based eel phorie GPS data, whiclh iric!ludes a representative samp rig of true emand , regard less ,of lhe mode of transporla tion used o I entify pre erred travel pa em s by \'isitors from the U.S .. arid . I rneawre ttle numbe r of peo ple corning to the destination
o Summary s des, which . I iric!lude heat maps lhflt illus.,tmte overa dema nd · or the es ·nafion, seasona lity trends by regiori, a isfi ng oHop domestic marikels, and emogrn phics ,o vis;ifors.
• entifi cation of air service gaps and o;p;porturnibies. to oetter understand poteritial fultlr e passeng er emand sce.nanios., includ1ng a, re'iliew of pass eriger Ira I c, airline strateg ies., equipment ava labjlitiy and im:tuslry trends
• Olher market specific infom1ation he consultarnt may deem rel evant or the assessm erll of future enplane:merits
The de ,verab'le ror u,· ask inc!ludes an air sem c:e arnatysis reiJ)Ort and in:puHo ·.·her tasks.
2.2 Review Re:tevant [)emograp 1ic and Econo ·mic Tre:111ds Demograph ic and eoonom ic trends ati. regiona l a·nd rnaoonal llevels dnive a · ion aotiv,ify trends at he airport The ooris:utian wlll review trends in key s-ociio-eoonomic indicators incllud· g population,
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emp oym;em, J,aoor force, persoria l iricome, ru,d gross domestic product lihe oonoo'ttm1 I 1s,c ss other aflributes of the airport service area lllat a/IN 'I/ itor a:ir travel .. llhe de 1vera:llle tor u,· ask provides iripu to other tas.ks.
2.3 Ana ~yze Hisroriical l Trends in A.'"'1ia11ion .Acti ivity The consuH:ari , I c lect arid a tyze h·is,torical data o various measures ,o avia · om acti'iliity. The consu ant II reference various dal:a oources incl ng the o owirtg:
Airport acthtiity re;ports
• F. arioial repo:rts end official smtemen tor m1y recent borid · sue • Previous a:irport master plan
Airline sdlerlu les da bas e (e.g. OAG )
Traffi c datab ases ma1rit1fned by the U.S. D~ artmeri of Traris,portatian Burea . of Transpo rtation si:ar · cs arid Ill e Federal via~iori minis,trai · on (FAA) I forrnati pub shed ion ine by "rilines and aircraft ma: ufaot rers The de 1vern'llles · or this l:a~1t ·nc ude: ·nput: to other tasJks.
2.4 liJevelop, f orecast ;s of .Aviation Aictirv i,tJt
llhe oonsu an , I ei,,•e, op rorecas,ts tor the d- eren types and m.easures of aViiatio: ac,tiviit,r, a:nd oorres:pcmdirtg deta s ... For each type of 31.'. tion activity , the oonsu nt w I se c fhe appropriate orewsti rtg techn ique, or a c,o n bin.a ion of techniques, depending upon Ille histornc:a'I trends e iobsen,oe, the ra.clors expected o rive ea ch type of aviation acliwy, the re~a1ive impo :ance o 0, pa:rtic . ]ar oo ponen to overall airport traffic, the rel.alive importru, ce of a pa:rticiular measure to .. bSe en analyses, a:lld available data.
Recogn izing in eren u certa·nty abouUuture tra c trends, the consultant wi pcesent more llla:n one · orecas·!: scenario--a!i leas two-to arilic· -a:le bo do Nn"'ide risks and upside iopportunilies on plann'irig long.-term airport developrnenl [)eve1opjng ru,d planning mr m I ·pie forecas,t scenar ios is pruden o ac,commooat e a range of oul.oornes for commerc ial passellgi r traffic ..
The de 1vem1lle(s), ro th· task include: forecasts of aviatiO' activity in l:abu'lar arid graphic forrnats,
2.!i liJ:evelo,p, Operationa l! Pr,ofiles and Design Day PlliQliit Se-liiedules To aid a:irnide, term·na1, a:nd la-rm icfe cap acity a.nalysiis a:lld pl.a· ing, we wi I develop oper:atioool pro Jes inclu ing n-.anlhly and ime~ot-d:ay disrnbution ,o a·rcr ioperntiorm (and enpla. emenl:s or ron mere· passenger traffic , ru,d pe:1k period activity or the base year and three plann· g years (forecastyea:rs 5, 10, ru,d 0). The consu am ·, II aloo present fleet ei!:ails a.oo develop esig]n day ffight sdl ules · or the base year a·oo three pla: ning yearn ,(ro recas,t years 5, 1 D, ;1.rlld 20). 11he de 1vera1lle(s), ror th· task include: operational pm es and design day flighil .s,chedu]es in bular ru,d graphic · ormats .
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2.6 []I oc urnent Analysis, F mecasit Developm ent and Results The oon.s . Han I document analy$is, foreca.s de"M" elopmen , an d resu'll.s in a te ctmical r~ort that w I oons · e a o apter · the mooter plan to be der •ered · electron ic form3 . The consu l nt wi I prep10re present01tio:ns ifof" sta:kehdlder meetin gs and as we I as the FAA forecast s mmary tab les required to aocompa:ny Hie airporli .s:ponoor's request or FAA forecast appmwl (the two tables from F AA'.s Rellie~ tIJnd Appriov-QI of Alli,ation Forecasts, ,Juoo 2008, _ lihe de rvera.'ble(s)1 ifor tt, · ask indlude : forecast documen ation for incilu .. ~on ·n a master pla.: cha.;pter, which 1Nrll indlude rnateriial requ ired for FAA review , historiical acti'M'i'ty t.ables, Bncl orea:r:sted activity rabies.
2.7 Assist in Obtain ing FAA Foreca st .Appr,oval and Part icipate in Meetings and Pres entations The oon.s . Han team wi I pir ·cq>ale i up to two meeti AgS ·, · ' and presen 1 ·ons to the FAA to oblni n FAA forecast approwl. lihe oo summ . . I pr~p:1re talki g points, Powe rPoint 1presenw .tions , and forecast .su n mary ternpla,tes to accom pany the airport sponsors r uesl: far FAA oreca.st ap;pro"M"•al. The oo ultard , II dress FAA com nents d uestions regarding the activiitiy foreci;ist.s and rei.-· e Hle orea:r:sls andfor orea:r.st chapter as needed.
lihe oon.s Han tea.:m wi I p10· ·cipaite in rnee ·ngs with an 1presenmtions fo the airport .sponsor,· eluding the Pa'llil7I Spriings Oily Oouncil and ottier s!alwho lders . lihe oon.s . ]tan . . I prepare tal ing points and IPowerPoint presentations , a dress oon men1.s and quesoons regard· g the acfu•ity forecasts , and rev ise the iforecasl:s and/or iforecast chapter as neerlec:I.
lihe delivernb'le(s), ifortti· task indlude: onre 1presenwfo to city council or other s keholdlers and FAA orea:r:sl approval suppo
2.8 C riUcal .Airornfl: Analys f.s.!Gonfinrnati:on
lihe ·rpo: Master Plan iforecast e1e 1e.nt wi I conclud e · · iiln i;ina:lys· of existing and rut re criticm aircraft 1(by Runway De"'ign Code), for Hie plan ing mxl des,ign of airport aailJfies .. The critica l airorn . · tha a·ircrn ·Iha uses (o:r is highly likely to use) the iil·rpo on a regular sis. reg 1ar bams is at least 5[]11] 10· nual qperatioos (exc luding to . ch-and-go o;peratio s). This aniillyi;-'iS ·11 iillso oo .,·der iilnd detiine the potenfit'!I ultimate rn1e of the Airport in oonsidleration of the · orecasts of aviw ion acfivify and tlle aitical aircraft ..
lihe de rverah'le ifor It( task: is iiln ap;proximately w.•o-p iilge memo~ dum summariz ·ng the existing a.:nd ftrture aritical mrcrafl.(s).
3. PHASE I TERMI {AL .AREA. IF.ACILJITY REQIJIREMIBllffS In ,order to develop coo cep llevel mtem afive.s for the term inal area, Hle requ irements identifi ed · the previcms 1plannjng studies I need to be updated in oonsideraoon ,ot Hie rece11 air earner and enplanement gro · ufilizing the · orecasts from elemen fa The pro,g;rrun vii I be in ormed by peak hour departures a: d peak ho . r ga es., as detem,-n ed · pre · ous tasks..
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3.1 "ferm inui l Space Ana lysis
For the fenminal building, Hie uestion to be answered inclu e : 11,n ether or no Hie exlisting terni"nal pla.tfonm is oofficien to accomm odate demand or if expansion is need ed .. This effort will include estimates of spaice needs for each rnajor runc fiona l area wittf the building (e_g .. , checik-in lob!J.y, securi ty dlteckpoin , conoo1..1rses, and gate lounges),_ For Ille tern inal pl.a.tfom11, this efforhvi]I include es -mates of demand for a di ion.a.I passeng;eir, employee, and rental car aciilifies ; -mprovecl vehicle and pedestrian aocess and circulation; and add- -ana l a-r carrier apron parkin g cap aooy. l"he de era'b'.le ifor u,- ask provides inpu to oth er tas!ks ..
3.2 "ferm inrn! Require ,me111ts
l"em inal b1..1 d-rtg spa ce requ-ren-.ents wi be detem ined bas ed on passenger forecasts and peak h our dererm imifio:ns_ The tem, -nal fun ci!ional compo ents in c ude the rollowing::
Adm -nisfration offices (a-r1ine a ministra -on and pariking manage men ) • Airaa gates, likely common-us e:
• Oheck-in lobby, pass enger queuing areas : Assu mpfio : the s,pare for check -n lobby . I be loosed on the -ndividual airiline~s p eak vs .. the Airport 's overa I pe11k_ Baggage c im
Baggage m ake-u p, s. ging 1md capacity
Cm ren 1 office, counters , and pooseng er queuejng
Conso ida.ted rental car aci ray req irements :
Ch ecked b aggag e security screen-rtg
Oirculation and passenger convey an ce
Co ces" -ons incil d"ing re1ail, roodl be'>l"erage , and a.m •e ·sing ,(bofh secure and oon-sec1..1re), Co ces sions stora ge (pre-secu re and pos -secure)
Gate depart res lou nges
Ground rervi ce eq ipment (GSE), storage /pmting
Passenge;r wa-ing an d meete rfgreerer areas
Restrooms (both secure and non-secu re), fam ily restrooms S ecurity sa-eening checkpo-nt
Transportation S ecumy Adm - istration (ISA) offi ces and op erations Pel relief station ,(boffll secu re and non-secm e ),
Federnl lrn~ ciion Serv ioes ,(FIS)
Nu rsing roo ns
Add itiona l Airpo rt Amen- ies (i_e. bus-MSs lour~ es, ell.lbs, sensory rooms, ei c_J, 7ii w deli'>l"ernble(s) orth - task incil1..1de: a tem1inal req1..1irernents progra m in narrat ive and table mm1a.ts -n t e arm of ~ prrn{ mately B, to 10 pages o chapter texl and :b'.les _
4. PHASE I l"llBRMINAL AEliEA .All"llBIUIJATIVES A Al YSIS uti IZiing ter minal req irements mom pre wous fas!ks, the overall objec ,- •e of tll:is element is to idernlify a, prefe rred temi:inal area pla. and detemTine if i mgkes sense to continue to plan for PSP tenmina'I expansion and renoi.•alio n or fo pla n far a replacement IPSP term i t
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4.1 Terminal A rea Alt ernatives As,surnptions and Goais lih e oonsu :an · II assemble :a &elies of d evelop nent :as.sump ·ons and godls at subs,cribe lo 1he intern, direction , and purp ose ,o · and for the · port an d for the rem1·nal area d evelop 11ent a ematives .. These assumptions and gools will be based on inpu t received at the luci~off meeting and susta:irnability cha retl.e; the ·mrentory findings; dema11d oonsid erations imd fore casts of aviation a ctivity ; and input from ·rport staff arnd FAA . llhese assumptio 11s goals w i I serv e as a ba.sis for the preparnlion ,o lfle presferred tem1inal oom:ep plan .
lih e defiverable(s ), for this task include: assllmp ·oms and goa'ls irn a narrat ive fom1at for irnc1Llsion irn a mast er plan chapte r in the fom11 of a 2 to 3 1pag es of cllapt er ted ..
4.2 l'ni'tial irer,minal Amea .Alternativ es
Up to lflree (3) 00111ceptual erm irnal area development a ematives ·1 be generated as determined rnecessary lo meet the determined 20-year dernand. I · an ticipated that one (1) exparnsi on conce pt and w.·o (2) replacem ent conce pls wm be de,relqped and ass essed ·11 this 1:ask.
Estimated ti ming or big ers for reqll ired impro vemenls 11,1i I a, be iiden tified. The term · I 0rea al ematives · ·11 foaJs on lhe issues tha are rno:s impormn to the l'uture growth and developmentw i rn the temi"na l area excluding lfl e terminal bu d·ng eml'elope . llhe al ematives sholl lc:I ,offer excbifrl:y, inco rporate furure techn · ogical changes , sL1stainabi lily goa ls and focus categ;ories, in clu e plan s for an FIS fa,oilily and proViide gates capable of acoommo da ing bo domestic and irn1ema:lio:nal arriv ing passengers .
The pllrpo s,e of th· ·ni ial conce pt develqpmen phase ·s o esbr!b'lish the genera l plannirng framework fhm w ill be refined imo a mo re e1:ai'led corn~ urnder s:libseq enl tasks .
The o lowi ng alterna tives -- ·11 be deve lo;ped:
Two ,(2') Tem1ina1I bl.I lding apron 0·nd vehidle parAfrng layout con cepts , includ ing Ima.ding bridg es a: d a ·rcraft and veh icle parlf ng configurnlio:ns - Two (2 cornceptual leve1 layouts. • One ,(1) Replacement Terrnin0I bl.I d·ng, apron , a nd ve, idle pa irng layout con cep , inclllld. g loading bridges and aircrn a:nd vehicle park ing con gurntiollS - One (1) 0011ceptool level layou .
Three (3) OONRAC s· ·ng altem am•es assm:,i0ted with either the expansion tem1ina'I OOllcept or the rep lacem.ent tern inal 0011cepl: w ill be develqped ..
Oons..i dernlio:n w ill be g ivern lo his,taric01lly significa:nt terminal resou rces in lfle developmen t ,o s,creen g ariteri a. Or der~of-magn · ude level 0011Struotion oost es,timates w ill not be com p ted · or the ·ni ·a1 conc epts .. lii e defivern'lll e(s) for th· task irnc1ude: narralive and table om1atted initial terminal a emafi ves narrowed to a ernati ves to be refined in othe r tasks , a'long with exhibils dlepic1ing the altem aiives in plan view.
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4.3 IReftned Termina l Area A lmm:ifives and Phase II Conc eptiual Oe·veil'.oprn ent Plan (CIJPl1 The i ifial concept alternatives should be nmrrowed and refined. The re ned eval oofio11 will OOllSider the Airport's sustainabil"ify focus categories and the screening criteria used to eva:Jua e e altema ti'treS . -11 in corporate Ulese ocus ca ego:ries_ Various oonsu ant ~m members 11,•ill provide ellg inooring s1.JJ)port, arch- ect rnl ~port, and cost es -mafes for the purpos es of alternative co:mpa nison .. lii e pre erred oo cep will inclu e ronceptual plan viiew dra -llgls, ra iona e or the preferred tem,-ool area conoep refined planning level cos es -males an d an::hlfeclu~ I renderings of tem inal Ofde. •o -n1agnitude le.•e1 oonsbuction cost es -mafes or each refined altiema - e will be provjdecL Consbuctiio11 cost e" ima es will be based 011 u i costs tor recent c-. ii projects_ These are nm or budgetary purpos es, but · or the purpos e o comparing re~ai- e oosts of a :ematives and making decisions abou prererred a ernati ves_ The de 1vern1lle(s), ror th- task include:
• CD P plan v- ~ exhibit
• Approximate fh:ree-pa e memornn um s1um marizing rnliona for identifi calion of 1he ODP • up to live (5) rend erings (s 11 -mages ) ,o vanious components of tile preferred tenninal conc ept · II be provid ed ..
• Anirnated vfsu aliza ion of phasin g oflerminal area
4.4 "felil'lilinal Area Land.side A lrernafiv ·es An:iliysis ancl Sc.-eening This ta&lk wi'II conside.- oo-airpo:rt land use and landside constra ints and OAl)Ortuni ies in oonsiidernlion o land rent polen ial, ex- -ng and planned infrastructure, app rcable FAA esign standards to the dete.-m-ned ci 1ty requirements, and vehid e access as d-recled by Airport s lif .. The consu a:nt will identity and quantify major 1physical constraints on each side of the a- eld, as w~I as oroHl e.- airport land that - not part of tile "airside reserva -on" ,(i_e_, those areas that are reserved ror runway , faXliw~y, and asso c- ted safetyldbject dleamnce criteria) movem en1 oreas, profectecl ,or critical areas or approachfd epo ure surfaces _ Cargo taci , s- ·ng a:nd exp ansiion. II be considered in the a emaitives analysis and screen-ng_
The 0011Suttan II assess future parkling demand based on forecasts prep,:1red prei.•iously _ A 1pai1(ng demand projection model based on ell!isting use and eXiisting enplanemenls will be develqped_ C 1bralion ,o the model wil I be conducfed oosed on day-to-day and seasonal varia iorm in demand .. A discusS:ion regar mg he poti.en ial imp,ac of pmk ing policy charges (ooch as rates and.for the availab ity ,of other ac,eess options) on future growth -n parking deman d will be cooduclecL S eps -nvolved -n the parking analysis incl . de:
lderifify the near-termi, n id-term, and ong-ferm needs ifor pa irig tor variious user groups including emp1oyees, long~te.-m parters , and short-term parkers _ • Esta.h r h the parameters fo:r esign day co 11ions that oon be accommodated with on-siite parking resources .. Identify the p11ojected numbe.-of dates 1per year tlla migh exceed these conditions ..
Esta'br h the total numbe.-of spaces need ed_
Identify a mnge for peak hou r ingress fegress volurnes tor park-ng acifrfies related to roadway esign and locatio11 of access poirils.
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ldenlify ·ooL.mtry best pmc ·ces or curbside marnagement or passenger drop-offs, xi, shuttle bus, and trarn:portatiorn networt oomparnies such as Uber imd Lytt . ldenlify Hle num ber ,o lanes, locafiarn:., and ,other design vari.ahles to corn:.· er.
No traffic oounl:s or traffic mod e 1mg andlo:r s·11 ula ·on , II be performed. The oornsul nt wi I mot identify ,off-airport street impro\l'emet1 requirements, ex:cep w ere needed to save airport-led devel opmet1 . lih e oonsuH:arn I idet1 ify options a11d alten,a ive configu rations to rtleeti. projected Jae lily requ ·re,nenfa or eaclh major me ity oomponet1t ino1udirng Hle tern irnal, private au omdb i parkirng, rerntal ca.- oonces.,.· orna ·res, and non-a eronautical development areas. It will . c e potenfad operafio al strateg· 1 pltm:ning erel oost es ·mates , arid Hle pros and cons assoc iated witt1 each a'tfem:ifive.
I er1fify and prov i e public paril(ng altema ive con cep . or the study area Arnalyze access and egress oplion s for Hle rental car readyfretum lot Arnalyze pu ic paril( rtg capacity on typ·cal dais as v.•ell as peak days • Evalu ate airport land use nd study area, oonstr irnts arnd o;p;port ni · s I enfify and arnlify major physic~ consb"aints · tile sludy area Revie'!N paril(ng relocaoon options ancl pariking e parnsiorn options or immediate , short, and long term vehid e pfilklirng as well as rental car readyfr elum pfilkirng Prepa re am e\l'aluation rnatrix: of the pin1ijrng a :emar . •es inclu irng:
o Sile impac,ts
o S!ite oornstrainl:s
Operafiurn:. irnpaeits
o Constru ciiorn ·mpac,ts
o Walk di~ :arnoes
o Increase ·rn rota:! parkirng spares
Parik· g Garage eva1L.mticm
Detai ed cos estimat es are not incl ed
Coordirn ate ret1 al car ready/return pa irng
The oonsultarn · II consider mirnimum standa rds provi ed by PSP whern de\l'eloµing attem alive site layouts. lih e oorn:.uH:an II revise Hle a'lliemativ es up to three (3) · ,·mes. The tirn re\l'ision wm be based on feedoock frorn IPSP and key s kehol ers . The second arid u,·rd re·visions ·, I occur bear e of the al ernative evalualiorn process wrtti PSP.
lihe de vera'b:le ror u,· task inoludes: one preset1 ation to cey counoil and 7-9 p10ges of chap er text and ooncep ra ·rigs of the lem1inal area landside preferred altema.live ..
5. PHASE II A.IRF'IELD ANIJl1 LANIJl1SIIJliE FA.CIUllY REQlJIIREMIBl'rU S Analys is ,o · Hle airfield m.cilities required to accommodate emarnd · ·11 be oondueited using e approved avialion · orecast A1so, current FAA s nda.rds and 11il1ensional criteria rel ated lo the physical layou of airport m.ci lies ·11 be presented .. Addi ·ornal ainie'ld layout arnd geometry (e.g., runway length
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reqll iremen ts, ta:<iway des ign , ot spots , ual 1purpose pav ernents, ·ncf reeH axiwn,y aocess , etc.), insfrum en aAJ)roach ca pabir ies, and navigatic:ma l aids arid gh ing , I be con sidered .
5.1 Des ign Standards Re-view l Eval uati,on
lfh e c:onsu am · II iden ify the appropriate FAA des ign st::mdards app licable to tile a irfie ld, airspac e, and term i 001 area based on the future-crilica l a irc:ra· . liih is fas!k w ill incllllde identificatio n of til e Ru ay Des ign Code (RDC ),, th:e Approoch Rererenc e Oode (AIPRC) and Depfilt!ure Refe rence Corle ,(DPRC), alld fhe Tanwa.y Desigri Group fTDG ) for each a:<" ay. lfh e de verab'le(s) , for lh. task include a summary of fflte RDC , OIPRC, TOG and other c:mical FAA standards iri riarrative orma for ·nc usic:m ·n a mast er plan chapter iri fhe tom11 of a 2-3 pages of chapter text arid exhibits .
5.2 Def\ine IFa:cilily Requirem e,nts - Airfi eld
Utiliz ing current FAA p'larin irig crit eria, existing 1Pla· ing documents , and any recacill'rnerndalicms from the runway s;1fety aotion eam (RSAn, the com;,u11:ml will review the overall faailny needs based on eXJistirng and pro ·ec:ted ful.llre ac:,tiviity arnd tile Airpo ~s role · the local, reg ional imd rnational aviation and ec:,onomic syst em. Aiirside acilities to be arialyze d i elud e:
• Ru ays and associat ed safely arnd protected areas;
• Tax iways and assoc iated sa.fety and pro tec ted areas ; P,oten · al vertiport developmen ;
R ay Protec -Ori Ziories (RPZ ),;
NAVA IDS, a· · eld lighting and assoc iiared cri·ic:al areas; W i'ldl"ife ha.z;1rd prei.•ention 1rneasures ; arid
" Instrumen t approil clh 1Procedures
lfh e de verab'le tor tll- ask 1Pr01Jictes irnpu to other ta&ks.
5.3 Defin e f acillily !Requirem ents - ll andstde an d Support Ufili2iing curren t FAA p'l;1r1ning criteriil a11d the el!iistin g 11-.aster pfa rn documents , tile consu ltant 1Nill re'lriiew landsicte ;1r1d sllpport racility meed s bas ed on pro ·ec:,ted Mure activ ity arid tile A"rpmfs role irn the oc:al, reg ional , and n ationa l aviation and ec:onomi c system. ndside facililies to: be arnalyzed · elude:
Airora a:pro areas
FBO, corpora te, and enera1 a.vistion m,ci]ities
Cargo fac:ir ies
• Airara stom ge a·lld hr;mgar areas
• Supporli mcili, · es
Fuelfrums
Electr ic airora charg ing f;1oil"ifies
Utinfies
Emergerncy Sen.•i ces
Perimeter Security
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Airport access and Clircu tion
Future requ irements . I provide the basis or evalua irng alternative develo;pmen a.clio s lllat might be adopted to satisfy Ille need tm -mproved facir ies_ lih e m.ci requirements anaiysis or the Airport 11,•i I ocus on a rnumber of speci c - sues that are most importanlto Ille Airpo ~s futur e groiNth and developmernt The objective o fhe tac ity requ-rements analysis . II be to ensure that each of the -rport's ft.mctional avia -om areas has long-term iflexiibi'lity and growll1 potential lllat wi I ena1Jle - to respornd to ciha.nging demand scenarios, while oontin ing to complying ·. -· FM safety standa rds_ Facility requirements . II gernerally be tied to the 5-, 1 IJ'-, and 21J-year den nd projedions ev oped as part of this study.
lihe de Iver b'.le(.s), torlh - task include: an a-meld a: cl la:oosic:le requirernents program in mmalive and fab e om1als in Ille form of 5 to 7 pag es of ciha.pter text.
6. PHASE II .AIRFIELD .AND LAN[)1SJDE AL TERNAUV ES· .ANA LYSIS Based on esta .Jished goals and desires o airport sla , a spec i c plan and prog.ra:m or airpon development and improvement . I be prepared representing recommenda tioflS lllat a:re workab , i nplementable, and defeflS ble .. The att:ematives v.•ill u erg,o a screenir-.g and evaluation of criteria la:rgeiJy fram ed by sLJSlainab lity, -nciudir-.g co:nsi erations rella - to: ,operatio:ool perfo:rmanre, constru ction easibtlity, en1..-ronmenl:al considern: -ons, and · :anaial easib lily_ lihe a ematives evalt.mtio will investigt'lte the advantages and disadvantages ,of pro -ding neil'i' ci ifies, m:iilil:y closure, facility area iorn and expansion, and facility repurposing. The process of eiin ing and evalut'lting Iii emali ves is iterative, beg:innirng v{ · a oomprelhensive broad rarnge of possi ii- ies ilia t'l·re then re ned ba.sed on altiem.t'I!- •es evalua.tion criferia a cl -rport e.•elopment oa _ The evaluatio proress -s shuctured to systema licalty evaluaie options and prov ide the tecih:nical ba<-- ifor filiiv jng at a preferred deve1opment roncep .. The consultant will identify options and emalii.•e oornfig; rations to m.eet projected mcility reqll iremerns fo:r ea,ch major aciilil:y compo: ent (i.e., airlielld and l.andsi e devellopment).
6.1 A U:ernaifives [) evelopm ,e:nt Assumptions aml Goals lihe OOllSUH:ari I assemble a s., -es of development assumptions and gOIIls that subs,cribe to the intern; direction, arnd purpos e o and for the -rport , whicih wi I be lbased on input received at the kick.off Mee -ng; the i:nventory findlings; demarnd con .. -deralioflS and forecasts of aviation activity; and input fro:m -rpo:rt s,taff arnd FAA . These aSS11..1mptio:flS goals v.•i I serve as a basis for the preparn tiion ,o Ille preferr ed Oornc,eptL.1al Deveilopment Pia _
lihe de Ivern'b'.le(s ) tor lh- task include: 2 to 3 p,a,g;es of chapter tex on the assumptions and goals_
6.2 Prept'lre Airfi,eld A lremaifives .Analysi s - Existing RunwaysJTaxiways Airfield a:reas of focus wi I incilude runways , ta:{ ays , IRPZ.s, a:nd the approach a·nd depa m e surfa ces assoc iated wjih each rumil'i'ay end_ Each of the rumN:ays . I be dep-cted wmh b<ased o the appropria te IR:L.1nw:ay Desigrn Oode ,(R[IC) as etem1ined in Ille previous task ..
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Add ifiom~I design ... anda r considern.tions ma)' inclu e ru ay to runway separation S n rds , run~ .y to taxlilNay separn ion stand1uds, R ay Sa efy Areas ( RSAs ), run~ .y and ax· ay Objec Free Are1m (OFAs ), Obslacil e Free Zon e (OFZ ), Thresho ld Si ·ng S rfaces fTSS ), land uses wi ltin · PZs , and add. ional rLmway sepirrn ·on S'landards such as distan ces to hold lilleS and aircmft pariking areas .
The defiverab'le for Hf ask provides inp t to other tas!ks.
6.3 l'm::,or1pora tion of Hot Spot Sru~ Recomflile111datio111s This tas!k i .· otves i ncorporat io and reevaluation (if ece-ssary) of airfie ld reoo:mmendations from the recently oompMed Hot Spo Study bei g com:p1eted by a her consu lttmts, The de rverab'le for Hf task provides inp to other tas!ks.
6.4 Additiona l AiirlTeld Atteirnatiives Ana liysis
Sha Id a eterrn ination be made ttuat areas of the a·meld (rumNays, taxiways , or aprons) requ ire recon figura ,· n ,or expansion , vari ous alternatives ( ol more mm 3 or each area) 11,ii I be developed.
Vi ua1 illustrat ions of each atferna'liive, descriipfions, and advantagesfd isadvantages ·wi11 be incl ded or each airne'ld attema · es analys is.
lihe de rverab'le(s ), tor 111· ask in01ude exhibi of the ai rfield alttema.tives, up to 3 or each apron and airfie ld 10rea.
6.5 A iirtre:lid A tternauves Screen ing
\Ml ile the assessment ,o airfield altem aliv es is based on techniail juctgmen . l1he most avorn'llle 10irpart improv ement opfion s 01rld be co npatible Nitti local plann'ing policies, and consistent with soc ial, eoooom ic, poli ·c101, mi d environme nt al oa .. Quantita · e 10nd qua ira · e eval !ion criteria lNill be ed or subsequen t refinement and e:li nina · on of a'irfield alterna tives .. Scre ening 01iteria . ·11 be developed wililin a Jramevrork ,of su s inability and con sist of assess men cniferiia, m,d level of sen.rioe · acitors · or the oll011{ r-.g:
Operationa l cap,abirrties imd performance req irements benchmfilks ErnvJronm en 1 oo:m:i derations
CollSlructab ility, attordti d lity, phas,ing, and im:p1eme.ntafion factors lihe de 1verab'le(s )1 for t11· task in01ude the screen·r-.g cmeria , as well as the results of the screen·rtg process , induding a 2-3 p,a es of chapter tex and screen ing tab les prmriid"r-.g the rationa le far the s>elec,tion of the pre err ai:me'ld a1fema · es ..
6.6 La111dside De-veaopment Alterna tives A111a1lysis and Scree i111g This t_aslk lNill ev: Ll:Fzfe -~port land use a d llands i e conslra ints and qpportun · ·es. lihe oonsullan , II identify and q fify major physical oonst ra:ints on each side of the ·meld, as we:JI as for oHler a·rport land tha is not part of the "a.rside· resel'o'ai ·on• i(i.e., Hlose areas tha t a:re resen.•ed far runway , taxiiway, and assoc· ted safetylo'.bjed 01earance crit ·a). Specifica11y, 111· ·11 inclu e al emBJtives related to developrnent ,on a'II a:w ro;p:riate on-airports · es, inciluding operatiio al soenariios, ufility influenc es, o ·
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airpo develo;pmen , land acq · • ion, site development pr,ojecls and programs , regional roadway and ,other a·rpo:rt proposa and prog;ra:ms, as 1.r.•e I as many other considerations to be detem1in-ed as fflte pla ning process evolves.
Alth ough all poten · I landside uses wi I be considered ,(e.g .. , FIBO faci'li ies, general avmio , com mercia1 aviiatiian, airpo'lt opera ional support facir ies and non-avia tion airport support areas ), alternatives hat seelk to ba1ance various land uses •ill bee a ocu s ..
lihe de 1verab'le(s)1 for tti· task ind . des 2 to 3 l:mds ide developab le are0 attiemalives and screening for inclusio: in a master plan chapter.
6.7 Vertipoirt Siting
lihe ooMu :an · I eva1ual.e potential siifes for a ves · · ort on ihe Airport Key oonSsiderations for vertipo s inclu e air traffic contro l tower line of sighi~ decon ictio e:( ·ng rumm;iy a:pproacih and departure oorridors, proximity to p10ssenger and cargo facil'ilies ~or the need to bl.I d new o es), ad acy ,of ad· cent parikir,g and mad\lffi,ys, and proxiimity of electric:a'I ulili ies ..
The de 1verab'le for u,· ask includes up to three (3 ) alterna · es to be considered and s,creened Wiifh a pre erred alternative presented ..
6,8 Develop A irport Conc eptual ! [)ev elol!Jment Plan (CDP) llsiing ffl e Airport's preferred altema ive s eotions from the pre\liio s tas!ks, an updated Ooncepfual [)evelopment Plan (ODP) exhibit will be developed. his · Ille task where the tenninal concep airfield ooncept a d laoosidle oonrepts are merged. lihe C[)P . I be carried forward into Ille implementation pla ning eleme ms lhat ollow: develqpmen of the ALP , Cap· al lmpro1,1ement Plan (CIP) projeot 1· Mimp mef'I ·on plan, oos,t es ·mates, and · nanciial analysis . lihe de 1veraille for ltlis task includes: one city council presentation a d a pre,ferred C[)IP' in the fom11 of a series of exhibits.
7. A IRiPIJIR"f ILAYOITT PILAN
lhe .Airpo Layo t Pl. · (A.LIP' [)rawlng Set 11;1i11 Ire pr~a red according to FAA stim dards as de d in Advisory c ·rcula:r 15 51JJ70-6B, Aif,porl Mliisfet Plans , Advjsory Circular 150l530 1JJ-113A, Air,poft .Desig n·, and FAA .Airports SOIP' 20 , stamifild Procedure for FM Review and Ap,provm of Ait,porl l.aJ,1Dm Hans (Al.Ps ) ,(ARP SOP 2.00), and FAA SOP 3.00, FM Review of Exhlbft 'A ' Airport Property lnv:enfoty M~s .
In addition to the aerial 1phofography descnibed herein, sourres of · om1atio: for these drav,;1ngs in · is elen nt wi'II incllude 1previo1JS Airport LayoUJt !Plans (ALPs), and mas,ter planning documen ation, ex· ling ,obstruction mapp'ing, gal escr'iplic:ms, property suNeys, local and regional gm 1e:mment mapp·ng, aer,onau ics dal:aha.ses, and other sources read ly avail.al.lie to fhe oollS . Wan .
IPreparalio: ,o Ille ALP ra ·ng set will be based on the findings of the pre ·ous tas!ks and will · d ude Ille · allowing ind1Viidual drawin gs:
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., Ti e·Shee
,. Airpo l ayoi.rt PJan (ALP) Dra g
• Airport Data Shee
., Tern,· al Area !Pia:
., Airport Aijrsp!!ii,ce Drawing - Pl;im Vi
• Airport Alirsp!!ilce Drawing - Profi e View
., Rlu ay 113:R/31 l llnner Plortion of Apprioacih Surface Drawings ., R wy 113:L131 R llnner Plortion of the Approach S' rrace Ora Nings ., R say 113:Rl31l Departures, rface Drav.•ings
,. RI nwwy 113:L131 R Dep,a:rture S' rface Ora Ni llgS
., Land Us.e Drawing
., Exhib" 'A' Airport Prop erty llm.•entory ap
fAA's re ·ew imd apprio\1'31 t0f Ille Al P will requ ire an FAA airspace an!!ilfy-sis. f AA , I review and oon rnen o the d~ LP drawing se poor o its submission fur airs pace ana lysiis. The re'i.f ed ALP drav.'ing se resul · g fmm tt, · ini ·a1 FAA re1{ :e1N i,,•ill be submill :ed fu r FAA ai space a: alysis .. All oo enl:s and cond " ·ons resuHing from FAA's ·rspace analysis wi be add ressed fo FAA's salisraciio:n . lihis eleimentw ill he com pleted by cf anland ohnson . Fior additional derail, 1p'.1ease re erence the McFarla: d ,Jdtmoon suooonsu l , t sco pe · Attachm ent A ..
8. IFACIILITIES IIMIPllBMENTAUON PILAN
lih'is task in c es a alysis to ermine the nane1ial fea .. ·bility 10 · lfle PSP Com:~ ptu al Developmen t Plan (ODP) and Cap· al Improvement Plan 1(CIP) ..
8.1 Conceptual IDevelo;pmerilt Phm (CDP ) and Ci3\pftn11 lrnprov ernent Plan {CIPt lii e CDP Is a graph·c d~pid io of all exioong and prqposed facilities ion airport property. The CDP will be phased bHed on sho · term , med ium-term , and ong-term a·rpo · dei.•elopm en needs. lii e de 1vernll le fur u,· ask includes dra exh -its of the CDP ep·crr,g the ~ort-tem1, rnediurn-tem1, and long-rerr111 CDP .
8.2 Ca,pib'I! Improvement Plan {CIPl1
Capita1 !Improvement Pia 1(C IP)1 is a r of poosed projecis I eces~ ry to produce the C!!iip· :al liJeve:loprnent !Plan (ODP). lihe Cl P · I iden i .. fun di r,g so rces fo:r Ille r t of proj ects, expected to iinciude a mix of fed eral, sf:a1e, !!ilncf local mon ey .. !Projects will be assi gned a year b3s ed on expected need . lihe CIP de.•elopm en is an itera · •e pro-oess as projects .· ·11 need to be shuffled based on fu nding availability and logical evefopment sequencing .
lii e de wera1\Jle fur u,· ask inclu des:
., Sprea:dSstieet oornprising he Cl P, with the attribllf :es r led in Ill e prev ious paragraph ., Refined exh ibits 1of Ille OD P, based t0n com ments room airptOrt s ff on dra exhibns prepared as part of Task 8.1.
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9. FINANCIAIL FEAS IBUTY ANALYSIS
lih e objective of this element is to gather documents wll ich aired the fimmcia:I mar111ge;me11I. of a:irport ,opera1ioris and ca;piml develo pment and to oonfirm the slrueiture, coristrnirifa, requ-reme11ls, and ,opportunities for financin g Hle A!irport's capital impro,vernen program (CIP) based on the reoon rneridations ,o Hle 11113s· er Pilan.
9.1 f i1rmncial IF~sfbil'ify Analysi ,s
Oons I n team men Iler firm, Unison Consu llants wi I identify po ential fimding ool.lrces, based ,on Hle nature, eligibility aite ria, and estimated tim-ng ,of each portion o PSP's reoommended Capi al program and list of Master Plan projects. line Jpol.ential funding sources wm inclu e -rpart l~ pro\'ement Program (AIP) gr:an1s arid oHler f ,ederal fund·ng; PFCs; CFCs; long-term1 deb.; and Ai:rport funds. Unison wi I eva:Juare alternate funding sources such as the Erpartisari lnfrastrucru re Bill to identify potential sou rces tha II lessen fue impact of the asfer Plan proje cls on the "rli n.e cost structure.
Unison . I evelop a fundi rig ]plan wilh a, goal of keeping Hle airport cos -oompelliive . lihe goal wi be to Llfilize our team expeiliem:e arid the abirrfy to maximize federal funding a:nd l'imit the linaricial iml)ticlon the airlines .. The tea:m wi use its experience to es -mate AIP disoretionary fun ding .. In add'itio , the oo:1"'8ultanl . team wi I further evaluate the Airport's PFC prog;ra:rn arid determine wl7at portion of the Master Plan is e grule ror PFC funding_ The team will ]project the PFC cash flow and determ ·rre whether to use PFCs Of'I a pay as you go bas.iis or to levera.ge the PFCs.
If there are projects el'igi'u'le to be funded with CFCs, reoommen dations II be made for what projects oollected CFC revenues can be app 1ed .. If the projected CFC cash tl011,1 is no sufficienHo , ru nd the eligible projecl:s, the oonsu ·ant team wi I work with Airport Staff to determ in.e if an increased CFC is fea.s le and the projected CFC cas/h flow -11 be adjusted aooordingJy_ Projec costs tha; can't be run ed with federal funds, OFCs ,or Airporl funds II be fund ed with kmg term deb . The team v.1i11 p:ro-eot the annua:J dell serv~ce req uiremen for each seriies o · debt that is projecl.ed to be · "Ued. The projected debt service v.1i'II be inclu ed in e rates a:nd dla:rges ana:Jysis d. cussed beiJov,,_ Once PSP slaff has approv ed a fu ing Jp1an, the oonsu a11l team wi I prepare detailed financial analyses to ass· PSP s1aff e\'a uate lhe impact o the fundi rig plan .. lltte tea,n . II eithe,r ·work !Mth Airport's exlisting financ ial modell or develop a new fina:ncial model (whare\' er the A!irport prefers). lihe team -11 project the Airports O&M expenses and re1,•enues oosed on inllationa:ry · actors , passe nger ac ·vny, airport opera1 · ons, arid any estima.ted impacts from proposed projects. In addition, the oonsullan team will m.alt;e sl.lggestio·ns abol.llt pol.entiial a'll.emate rate structu res at PSP and will compare the cl.lnrent ra.te structu re arid Hle alternate rn.te slruot res and provide summa:ry 1ables fhal. v.1i'II clearly sht011,1 the results of the new ra e slruotures . lih e mo: ~s v.1 I be !mi to a low for sensitivity analysis in order to q iclkly ca'loolate the impa c of changing -riputs such as O&M expenses, pro·ec,t funding, air traffic forecasts, rionairline re..enues, e c.
lilhe funding plan and he results o,f the fi na:ncial a:nalySlis wil be - c ded ·n the F·naricial Analys:is cha:pter .. The chapter will inc udle a thorough expfana ion of what each fund·ng source is and h011,1 the
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amou nt of funding mom each funding smm :e was deten fi ned .. A cash f101N table wi'II be inc luded or each fund ing oource (where app opriate ) .. The ch111pter .· ·11 include a w mmary of the A.irport's le111se agreement.
The lease agreemen t sec · on w II d1scus:s lhe term , other major prov isions 111nd how the rates are deterni"ned. Next, the· chapter II a:nalyze the historica l O& expenses and revenues and plioViide lhe assumptions for the projected O& expenses and revenues . Til e next subsecl io11 of the dhapten 1,1i'II caloo'late Ile prqjecl:ed desbt seri.ire coverage 111nd tlle projeci:ed OO" per enpl111· ed passeng;er ("OPE"). If requ ested , the com;u lbmt wi I prep111r:e and include a benchmarilf ng study hat will comp111re lhe projected CIPE a: d the CPE from selected pee r airports, .. Fina lly, the consu ant te111m wi comp lete sen s· imy analysis ,on fuciors lhat the overa:11 team deem necessary .
9.2 Fimmcia l Wmking 1 Pap er
This !ask includes the developn'lenti.,ofa, 1NO:r1ting paper inclu 1ng na:rra1ive, tables , and exh its dep·c ·ng the CIP, the financial feas,ib ity 111nalysis, and the impler11e.111tation plan . lil e de 1verah'le for lhis task v.'ill be a Draft a: d Fina1 vers ioo of the workling p!!l:per l!hat will e-ventua'lly be inclu ed as a dia:pt:er in llhe Master P l111n ..
10. COMMUN lnrY OUTREACIHfSTAll:<16H0 ILDEIR INIPIIJT IFACIILITATION The oonsuttan team , inclucfing Aviatri:,: Commun ications, underntands that the city · deeply committed to enga: ing PSP 111:00 C-0achella V ley stakeholders in lhe 1p1ann1ng process. An inc1usi'i,e outrea ch plan, oon priised o · d" 'e-F..e vo·ces, with an eye to1N:ard progress and inriovafion, w i I de.1iver specific sm ehokter erigag;emenl lh111t wi I inform prqj~ t results .. Over lhe course ,o lhe pl111nn:irig proc ess, the corisu ltant team will coordinate will7 airport staff to man111:ge sta'keholder arid p·ubr c outre111ch, ideritif1;" rnerl'ia to share the ·rporfs vi-sio with stake holders , pro ·de ass· ranee with the sla I Ilg r0 pu'lllic me-etirig-s arid produc ing exhibits, press releases , projec microsite, a:nd presentafion maf:eri111ls. The follov.ring tasks . ·1 also inclu ea cuslo nized , strn,teg'ic approach to oulreach and ect ca ion.
10.1 A irport Goa l-Setting Meeting ,s
!Prior to com1nen c·ng projecti work , the oonsull:anti. team wi I con duct tl.\•o half-OaY strat egy sessions with airpo , sta to cl111rify and so idify goa ls arnd outcomes . The oonsull:an lean1 lNi'II ac i ate these se-SS:ions, after which lhe outreach 1plan may need to be revised to help reach the oormm1.ed prqjeci goa . lil e de 1ve~ b'.les or this 1:as!k "nclude go.a'l-settirig meet ing agerida 111·00 rim.es ident ifying key disrus sio11 po"nts reg3rd"ng sta'kehdlder e-ngagemen or p ublic outre111.ch.
10.2 Stak ello l'.der Kickoff Mee1Ji 11g
A. aster IPlari Study Kidkoff Mee ·11g invo lving the oorisultant team , Airport staff , approp ria e loca l offic · s, and lhe FM , a I of w iclh compose the pl.m rii11g team for lhe ei.•e/lopment of this aster IPlari Study, I be hekl al the beg inriing of e proj~ t The meeting ·1 deve lop team rela · onsh ips, estab ish early dir~fioo far the " udy effort uriderstarid "ng o lhe plannirng process , its be-ne:tiils, arid use ,o lhe v,,orik producis iri lhe dea ,,.·ori~maklirig proc ess. This meeting is expected to be atterided by lhree (3) oonsu anti. le!!lm sm.ff arnd · . . I be held a1 the Airport
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1i e ooMuHan te.a:m w i I also conduct an in¥ torylba ckgro lld inform ation site vis· concurren tly wm, lfl is Kickoff Meeting. And ~para tely, bu on the same day, lhe tearn •ill meetwilh a11 Airport Staff (up to 12 people) for one (1 ) hou r as pa:rt of the · dkoff meeting day to disruss airport history , issues, and ooflSicferations as part ,o lhe Airport lnvenfory data col lectiion. 11).J. S~udy Comm ittee Meet,i111gs
T is la&lk inc udes the · ormutation of and confi ous imwlvemen trrough ollt Ifie rna"ter plan proc ess by a Srucfy' Comm ittee ,(SC),. The aompos i ion of file SC, etem1ined by airport staff 'iMth 0ssisl:a:n ce room Ill e ooflSu an · shouk:I ideal ly con "·" of seven to eleven {7 - 11) members ·with avJaoon and no1H1,via.tion experiience , selected to prov ide wel l-rounded persped ives. The SC serves as the oundation ror s,ta:keholder ioulreacih and parli ci[Pafion w i I ocru r a key ea .,·on poinis. SC memb ers wi11 also be encourag ed to engag e ·n the A!irport Maste r Plan process by atten 1ng pubr meet ings and workshqps and engag ing direcitly with resident canst· uenl:s .. It is an ·ci[Pated lflat six (6) SC meetings 11,•ill be held m'et" the course of the planning process .
The SC . I serve in an a 1isary ca:pacity to ao lective ly review recommen dalion s .a:oo lin 1ngs , inco rporate local co aem s and oonsid eratioflS, and prm'icfe eedoock to airport sta 011d the OOflSU :ant tearn llij) ut reoojved w i I be used lo infonn the mas,ter planning process , bu lfl is group is not a tom1a'I gove ming a:uthomy, coM ensus is not requ ired, and no votes will be 'ken lo appro e or djsa;Aprove projed recommenda ·oms .. The role of the SC I also be reViiev.•ed 0 the beginning ,o· the firs meeting arnd as rnecessary l'rorn here on.
Planned SC- rnee ·ngs will be con ducted in aroordanre v.~lh key project mileoomes .a:nd draff 11,•o ' produots. I is expecf ed lflat SC meetings w i I be fallow ed by arny sche duled public rneef ngs or p 'lllic ,open houses. A least three me:rnbers of Ile WflSU ant let'! n1 will :attend the SC meetings , · · ti travel and ovem1gh as necessary .
The de erdb'.les · or th is faS:k ·nctude SC m eeting agenoos , ·n ommtio ool rnateriia ror d" cussia' , and s, n m:ariies ,o · key SC m ee ·ng outcomes, member comments, 0·00 :aotion • ems ..
10.4 Pu'lii'itic Meeting s
There are three (3)1 publ·c-engagem ent oppo rtuni" · s identified iin Ifie Ma., er Pilan schedule and two (2) in the CEQA sclhedu "'. These Ikey miles,tones inciude projeot !kickoff, termi j conrepts rewew, airport master plnn review, .a:nd drnfffioo l master pta:n repo rt, as well as the public 1meefing;s requ ·red in 'Ile CEQA process .
A primary goal ,o the city · to solicit pr;ojec ·npllt from residents who ha •e been historica lly underrep resented in airpo rt projecl:s. Therefur-e, he consu am i.egm wi mci ,a e two ,(2), p blic meetings in a di ·onal Oo:acihella V ley location s. The Airpart -b:ased public meetings will also · c ude a vi ual mee ·ng op iorn ror lhas e undlll e lo atte nd in per<>..on. As furthe r assur.a:nre of reaching underr epresented res· enls , the oo su'lfan earn will prow de master plan ·ntom1ation in Span · h, inciludmg atten- ce by a Spa ish -speaking consu l m or Ikey public me ·ngs ..
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For each meeting and or evem; the earn •ill support airport statif and Oily r~esen atives by ooor 1na · g logistics; join ly dev oping info m1ationa1I m31 e· · s, presentations, press relea.ses andfor king po· nts.:; participating · prep sessions by phone or in-person, providing staffing as appropriiate; a: d summariizing Irey stakehdlder oommen s, questions, and co· cems to help determine nex.t steps. When possible, multiple meetings and briefirigs lh\i I be held on the same day ,or bacik-to~back days to minimize lravel ·me and expenses.
The de 1vera'llles or this tas.:'k include detailed me ·ng notes and rnateri.als.
10.5 Stak eh,1J1I der Comm un i.cati.ons Pl1::m
The final ap;proll,'l,ch to engag·ng key stakeholders and H7e public will be develqped ·with airport .s,taiff during the A!irport Goal-Setting meeting and mem.oriar ed in an outre.lch and con rnuni ca lions p1an as a de 1vera'll1e .. The oommu ications plan will include key audien ces, key mess-a es, and proposed communications methods (e.g., presentation display boards, brioch· res, social media posts),. One ,(1 draft and o· e (11), al Iplan Wiill be developed.
The deliverables or this tas.:'k include de iled S ehoider Commun·ca ions !Plan. 10 .. 6 Proj ect Micros i:te
To ens,ure the pu c has access to accurate, up-to-date project infornmtion, the oo:nsuUan team will de\lelop a project microsite ior ufiliz,e Ille cityfa·rpo:rt webs" e for dissen iria ·on ol mooter plan ·momlation.
The micrio"· e wi'II incilude project time!lines, frequently as.ked quesoons, ra chapters, evem ca1endtrr, and ·n ormatian from public mee ·ngs. AViiamx C-0mmu ications 11w1ill dev op, host; and main ain H7e micro.;-· e; specific co ntenti or the website wi I be ei; oped by the consultantt ealill and may include reports, ta'llles, drawings, and other graphics as required. The s· e lNill be ADA compliant, accessible on mobtle devices, majo:r web browser software, and · . I ufi 1ze Google Translate to make project infom1:ation available in multiple languages. The p blic 1Nill not l:Jie requ·rec1 to register to v~ei1,1 andlor dO'Wnload documents .. The micros:ife will aloo provide an op;po:rtunily or the pub ic to subm· ,online comments for consideration by 1frport stafif and tile oons,ul nt team.
The de vera1llles or this tas.:'k · c ude a pro·ect webs . e mare · L
10. 7 Proj ect Mateliia l:S Onshibu ion
In add"ifion to the project micros· e, tile oons,ultrui team wi'II de1,1e op projec materials to hand ou du ·ng public 1mee ·ngs, iin orm stakeholders, and o clmify in ormatian. Such mate.rials may inclu e l:Jiut are not r ~i eel to preoontatio:n display boords, IPowerPoin presenta · ons, fact sheets, meeting amiertisemen s, and sooial media posts. Select materi."Il lN I ."Iloo lbe translated into ~an· h_ The l'iinal required ma eriails required ror H7e project 1 be iden ified in he Commun1cations IP n.
11.. DOCUMDIITATION IIPHASE I PHASE 1111 MASTIER PLAN)
An effec · •e master pan places emphas· o· deve1op·ng cone· e, effed!ive sf1.1dy documen .tion. Severa1I lypes of 11Mferia I be produced to document the planning process as noted below .. The report sections or chapters v.1i'II he provided or FAA and airport staff rei,iiew, as wi H7e ra.ft and final reports.
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11.1 Worrkin~1 Papers mu:I IMeetino1 Materials
It is an · cipaled toot · ollr Working Papen. o:r Pltmnirig emom:ndllms ( conrniriing draft r~ort sections ltiat will, when fina'liz,ed, become chap ers in tlte Fin!il Report) will be developed during the collrre of fue preparafio· of the Master Plari plioress or distribution to llie study Gomm:iltee alld othen. as dkected by airport sfa . lih e rst three working pcpers wi'II be revised nnd compiled as a Phnse I Draft: Report lih e s:hc miki ng . pers ·nclude:
1. I ventory and Forecasts (Phases I and II)
2. Tem,-nal Fncility Requirements a:nd lnitinl A ematives
3. Refined Tem,-nal Altema iv.es nnd Temiirnal Conceptual De-velopmen Pltm
4. Airfield !l'lld Landside Facility Requ·reilnems a:nd ematives arid Concepti.ual Developmernt Pl::m
5. Dm Report including Fina:ncial hn:plem.entation An!llysis In add'ifion to d" jrnl copies which 11,,•ill be distributed in ndvnnce of nny meeting, as mcny as fol.Ir copies of each woriki11g paper wfll be pr~pared. In ndditiic:m, other meeting rooferia docL1menting each phase of the study's teclh:nical n alysis . I be prepared as rneeded and disbibutecl ora·rportsla nnd Sflldy Oommiltee review and comment Erna:il atil:aclhmerifa wi I be dei,•eloped ro:r disl!ri'lrufion to the Study Oommiltee. Attachmernts will typically be istribllled iin ach.rarnce ,of the meetings to fac litate review, Lin ss directed o erwise ·n oorn;u'tt:amn witti a:irport srn.ff.
The oonsu ant I also develop g;raphics (lypically ·n the fom11 of P,owerPo· · presentatiollS) to oornveyth e project infanmation as necessn·ry or vnrious meetings.
lihe de 1verab'les or this faS:k . II be the six v.oriking papers descriibed previously. 11 .2 Mlaster PII :1111 Report
lihe consu ant shall prepare 10 hard copies, as we I ns digital vernions ('".pd ) ,o Hle Phase I arid Phare II Draft arid Fi na'I aster Plan R:epo s w iC:h wi I summarize ltie plannirig prrocess and document the findirngs o · the elements outlined in lliis scope of seri.•ices._ This r~port will be· written oo tha it can e ea&ily understood IJ.y the geoora'I public. The formal of the report wi I lJe, efermined through d" cL1ssiorn; wiU7 the airport sta t but wm be oo.sed o:n the i:ncliv.idunl sections or chapters developed irn Hle individual feclh:nical ellements of this project. lihe lina:I produd will inolllde a llocally adopted mBstier p n r~port. ote that the report wi I not summ:a:riz.e a'II wort produc,t pr~parecl throllghoot the pla:nriing process; 1ra.U7er, the emphas:is Wiill be on provid'irig su cient infom1:ation fo:r a·rlX)rt staff, the FAA, a:nd the general public to ac,t on the recommendations oonfained therein ..
An icipal ed sections/dha;ptern of tlte master plan report indlllde:
I troduc iorn
I ven ory ,o Exisfirtg Facmties
Forecasts ,ot A1,'iatior1 Damarnd
• C~pacify'IFncility Requiremerr!s Arialys<is
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• Altemallives Analys.
Preferred Con cept Pla:n
lmplei1ne11fa11ion Plan
Envkonmenm l Overvjew
Appendices
1i1he de 1verah1e ror u,· task v.~11 be a Ora and fiina 'I Master P n r~rt. 11 ,J. Execut i~e Summary
lihe oonsu arnt I prepa re am Executive Summary ,of lhe Airport aster Plan, su mmariz ing the resu'Hs of the ar,a1ysis and oul.come ,ot Hle sludy . lih e formaJ of the Executive Summary · to be dererrri"ned, bu n will 1kely be ocused ,on Ille future development program and high'ly grap ic-al ·n rnature. The execil.lltive w rt rnary wou'ld l'il~.ely be prepared optim · ed far e!leeitro ic viewing and 110 kmger than 15 pages in lernglh .. fiift.y (50), copres of the Execil.lltive Surnma:ry wi'II be pr~a red as srnr,d-alorne documents and provide to airport s,ta for distribution as neerled .
1t.4 Local Master Phm Adoption Support
It is an · cipal.ed ~hat Phaises I arnd II wiill lbe adopted by the Pa1m Springs Oitiy Oounc il at different times ..
This taSik inc I.Ides eveiloprnent of reports and consultant assismn ce to Airport Staff to develop briefing papers arnd presentations as required for elected o cials arnd ror City adopt ion of the ,asler Plan phases.
11.5 .A!i lip ort Layout Planis
The ·rport Layout Plan sets will be provided in a fina1 dra rom1 ror FAA airs:pace ireview and local approval. I ·11 then be pub i"hed as a fina'I documen t for 1s,tribmio:n upon receip of FAA airspac e re1..-ew .. lihe docum en tion . II inolude the o lo ·Ilg :
Four (4) ra.ft AlP sets {1 or consultant and 3 for Airport revjew) Bigh (B) fiM I d.ra AlP sets (11 for Airport, 1 ror cornsullan , ;:md 6 ror FAA ireview) Bigh (8,) M l A!LP sets for FAA arnd Airport sigrnature (6 for lhe FAA, 1 ror lhe Airport and 11 for corns:u'llan )
Elleclronic transmitil!:al or CADD/pd f drawings ,o the liirnal a;pproved AlP lilhe cansultanl . I eve!lop a transnf al package wi 'h the requ·red sup;pa ·ng documenta tion for FAA re1,•iew .. This informa tion I indlude preliminary jusfifica.tiorn for developm ent reoornmended , orecas!s of operalio:ns, brief des,criptions ,o a ematives rev.iewed , and a gene.ra1 envifiOnmental 01,•erview of lhe project If requ·red, this !ask II also in cl e a copy of the ALP ciheckf as provided by the f AA-ADO prior to develo;pmen of the ine-drawing of the ALP s.et.
Preparaf ian of lhes e documents will be coo rd· rmfed closely with the FAA-ADO , and airport staff. Fina1I dociumenls wi I refled ap-pro;µriate res,ponses to comments received on draft' materiials from a I reviewillg agencies.
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The de 1verallles or this 1aS:k · dude: (1) draft ALIP sets referred to above; (2) final P setin hard copy and eleeitm ic copy (CA[)[I and pelf file onmats)L
11.6 Recyclin g1 aml Waste Maniag,en1:ent Pl1a111
s r uired hy the FM Modem · a ion and Refonm Act o 201 , the cons tfan .· ·11 inventory the Airpa s eXJis,tirng wasl.e management por cies 1nm develop a Recyciling, Reuse, a: d Waste Reduc ·orn Pilan (Recycling PJan). The · ecycring Pilan . I align 11,•i h FAA enlOraooum, Airport Recycling; Reuse, and Waste Reduction Pltm·, da eel Sepren ber 3, 2Clr1 . The plan wl I be cornsistem with the scope and " ca e o Hle Airpo 's operations a:nd control ,or influence or11er waste mi:magem,ent aeitivifies.. he key steps imroh,•ed irn the p:reparnliiorn of the Recycilifl!J IPI are:
lih e fimt step in Hlis element wi I inc ude 1m ·nventory ;1n ld ocurnent re ·eiN related to e~is,ting recycr g and wasl:e management prac ·ces o bo 1he Airpo: a:nd the City. Additional s,t~s irncilude:
., Cdl ec ·ng infonmaition a'llou Hle Airpo ,. and itis e · ·irng waste mana emen prograrn .. • , Corlduotirng a fac · · es wal -through (may c • · cide with inventory wort ) a:ncl re ·ewing records f vo·res and purchases) o detem irne qoontity, composiliorn, and sources of was1e and identify exis · ng i:nfrnstruclu re ..
• , Rev· ing the ea"ffbility of recycr g; factors ·nctude material 1rna:rl'1els, costs, infrastnuclure, s kehol er interes-t, na'l:ure of was1e slrea:m, and llog" lies. lio support · is !as!k, Ille Sponsor shall provide the co: sullan · relevan · omiafion arnd dooomenl:3 ion and facil" ate one teleconrerence wilh a;pproprfale s1aff to is,cuss he topic. A sep10rnte siif:e visiil' · no required or tlf lask; recycr g and was1e infraslnmture will be photographed a:ncl Fdl · -ng he inven ory a:nd documen review, analysiis will be conducted related to op;parlu mes ror fufJJre recyciling a d oolid was,te marnagement A ilional steps · c ooe:
Desmibing ex· ·ng ope,rn ·ornal and maintenance demands.
Re1{ewing exislifl!J v.•as,te rnanagen nt cdl c ·on co:ntr:acts.
I enfifying pof:enlial cos,t savings or revenue genern ·on opporlun- ·es.
Recommencling recyc ng, reuse, and/or waste reduction slrat:eg· .. lihe ronsu anl II couple cdl cted intorma ion 7th ·rport inpu to efine plan of recommended strn egies to increase landfi I d. •eni"orn and address enlliirornmenal, social, a: d financial impads of was e. lihese stra!eg" may · clude some which are a minis,trn · •e iin nature (confracling, purclhasiing, lrai ing, etc.)i and some idh are more tangible i( con iner design and placement, add" io ~ m10.terials, red1.mtion, or reuse options, e1c.)i
lihe de wern'llle ror u,· task will be Ora mid Fiinal Recyciling Plans lhat will be submitted to FAA or review and w II co·11cicle v.•ith the submittal of tlte [)raft Master Pia Study report. UI imately, fhe plan wi I be documented as a Master Pl:m Siudy appendix: ..
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11..7 Llmd Uise Corfiptitibility Review
lihe oonsutran ·. I provi e land use idimce pettairning to Dle 1master plarn's CDP. The focus oflhis task v.•ill be to recommend compa i ly measures Hlat will encourage compa ble dev opment with·n the vlcirnity ,ot Hie Airport and minimiz,e tu ure airport l.imd use aompa1~ib ity conflicts U1.tlt would hirnder Hie Airport's lorng~term viability.
A re1w'· of the conceptual developmernl plan (ODP) tor PSP will be comp ted. lihe consul nt will evaluate potential oompatibirrfy i npm:ts assoc· too with Hie preferred PSP CDP on urnderlying lmld ures wilh·n Hie Ci ·es of Palm Sp · gs, Cathedral Oily, arnd tlncho 'irage. The cornsul nt wi assess airport land ure oort pali'birily wi h res.pee to complimtce v.'.ilti appliooble FAA, S te, and loctll larnd use oompafflli ly regulations and guidarnce. The consultant II provide recommendations on actions required to acilieve airport larnd use co111pafibi rly.
lihe consu'llan . ·11 re1w'iew state airport compalibi'lity guidarnce, local land use pla· ning documents (e .. g., general 1p1ans arnd zoning ordi nee), wi h airport compa.tib lity-related · ormaoon to inform a·rport land use 00r11pafi'birily strategies. lihe consultanl. wi re N the allowing documents and regula'oons tor applioobi ty loPSP :
California Airport Larnd Use Plarnn·ng Harndbodk (Handbook), October 20111 • R!iverside Counly Airport l tlnd Use Compatibilily Plan ,(AJLUCP), March 2005 ., Oily of Pa m Sprir.gs
o General Plan, 2001
o General Plan Larnd Use Map (Land Use B ement, Fiigure 2-2), Deoon iber 2014 o Zlon·ng Map Wiith oise Overlay Zlone a:nd 61]1 CNEL no· e contour overlay "' Cathedral City
o General Ploo, June 2009
o nd Use a;p, May 2014!
o PSP Pirojected oise Exposure {Exhibi V-9),, June 139
., Oily of IRanclho M·rage
o General Ploo, 2011
o :nd Use and Zoning Map, August 2013
lihe consultanl I assess the potential ir11plicaticms of the PSP CDP om w rren AtUC po rcies arnd on he underlying land uses !Ni hin Hie c· ies ,o Palm Sprirngs, Cathedral Oily and Rancho 'irage. lime oonsultarnfs evaluation ·11 address our pes of compatibility c,ornooms: nojse, ove 1gh , sarety, and airs.pare protectiorn. US!ing he aerornau ·c0I arnd rnd use da gathered and rnapped in preYiious tas!ks, the cons Han will describe the magniliude a:nd extern ,of cha ges lo Hlese rour com~l!ib lity concerns S!ince fhe 2005 ALUCP was adopted. lime oons;ullilln · ·11 identify til e oosic strategies avail0b1e tor addressing the changed aond·rtions 0nd recommend prelimi ry draft oompa i ily pol1q1 zorres and aite ria to 1na:ir1tlf n oons· tency with ltie guidelirres provided irn Hie 2011 H0n hook a:nd 21JIJ5 AtuCP. The
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resu ,s of · e oompa i ray re1{ ew w ill be sum ,mrrized in a p mm-Ilg mernonm m tmd pres ented to airporti staff or review and oomm en .
12.. .AGIS, A ERIA L PIHOl OG RAPHY, Ml IBOUJINDARY SURV EY lilh is phase o Hle pro-eot primarily includes v,mrik by I-NS relat ed to airports GIS suf1.'ey v,i'orik and !local boundary surv ey work .. Airpo rts Geogm,phic lnklrm a -on Sys,term; ,(AGIS), · . ohres aerial - m gery oo'.lledion and ana1ys- , ifield s ey in su;Aport of imagery acqu isition, and map ping and ta attribu tion ..
IPmnimetric map ping o the Airpo , 11,•i'II be seleci!ivelty ~d:~'t ed and the a bl.Jfion ofH1e n Jority of airport eatures va1idate d.
lilhis tas,1( •ill prov ide an aero nautical obstruc ·on surv ey, aerial photogra rmnetry and ,nap ping, and d.ata sub:miss·on to FAA, as escribed in accorda nce ·, - · current AC Advjoory Cirolll am 15015300 - 116A, 17C and 18:B_ S' rvey data ill be used in Hle deveilopmem: ,o Hle ALP ra, -ng set and tor Hle FM A!irport · -rspare An.atysis_ Specifica lly, Hle data col cii on , . II mee1 Hle req irements ,o FAA AC 150l530[ll -1813, liab le 2-1, for a -rpo L.ayoo Plan ..
12..'il 13oundany Smvey
lihe a-rport properly r efuo ooary and all existing p:m:,els wi I be smveyed 1md legal des oriptions 11,•ill be developed · or eadh parcel .. lilhe boundary surv ey ill also inc I.Ide data resean:11 and r · e repo s as necessary . o produ ce a· FAA oomprian Exhibi A property map. lih e detailed boun ry surv ey scqpe is in clu e in the proposa l rrorn Hle Co suffian Temn suooonsu ltant firm Psomas in Attachment IB.
12.2 .Aiiiipor1:s GIS, M~pping and Aeiial Plilo ~ogr,~phy lihis e o · i cl es services required for an Ai rport Layoo PJan ~ date tmd aeronau lic;al obstruc fio s: rvey at PSP .. The lar;-!ks 1 I be done in aomplia· ce with A.!irport Data and lnfomla'fioo P,orta l (AD3P) policies and w II include an airpo , a-rspare analysis for vertically ided o perations for existing Ru ay 13Rf31 L d no -ve ically guided operatio ns or existing Runway 13U31 R .. The advisory ciin:umrs identi ed below dewil · e dal:a col ction requ·remen1s and accuracies for · e project and the erificatio process by Hie FAA and fhe Na·ua al Geodetic Surv ey (NGS)L AC 151115070-68 , Airport Nmster PMms
AC 151115300-11313, Airpo,:t Design ·
AC 151115300-116 13, General Guidance and Specitiro tions f& Aeronautic-a, Swveys : :Est.a-bli:Snment of Ge.ode ic- Control :md Submi ssion to the Nationm Geodetic Survey AC 151115300 -117C, , stmidards for Using Remote· Sensing Technologies in Airporl Suweys AC 151115300 -118 13, General Guidance and Spedfica tions f& Submission of Aeronautica-l Suweys to NG&· Fie d Data Collection :md Geogmp.fl.ic-lmorma-tkm System (GJS) Standards lil e collSu ant letrm wl I prepare a dra i A/GS S tem ent ,ot W,orik (S0\111) · or upload to Hle FAA AGIS · •eboo.e 0n add ress arny FM commen t on Hie SOW .. li AGIS SOW wi I be sub nitted lo FAA AGIS v.•eb"'il.e ror FAA appro al prior to lhe survey eirng tlowrn ..
In accord;ance wi the pro posa l rec eived mom NV5 dated Sept em r 211, 2022 (Attaolilrnent C ), the oollSu an1 tetun wi I oomplete neoessary com ponen ts of a AGI S " ni'ey in ocoordance - FAA AC
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15015300-·1813, Ta 2-11, onn Airport Layout Plan inc uding con lro l surveying , phorog:rammefric mappfr1g, orlhop hoto mapping , BB ohsfruc -on surv eys, FAA control plan and deliverables_ fio r addit iona.1 de ii on this tasik, please see Attachment c_
The de ivera.1lles or this 1:as1t -n ude AGIS ploods, an AG I.S S atem ent of Worik (SOW), aeri.al photography and bare: 1rnapp -ng or 1Js.e in la:fer mast er plan a d CEQA tasks_ 13 .. STUl)Y DES'IIGN, PROJ ECT M!A.NAGBMH H , COORDIHA T mN Am COMMUNCATION H is in portam m he onset ,o the plann- g pmcess to define a deta i "'d scope of semces for conduct ,o the master planning effo rt The study design i cl I.Ides ei.• opment of a comp rehens ive scope of services, de; nilion ot effo rt necessa ry to a:0co1npr h the work .scope , and prepara·fian o · real-.. -c wo·rk e ort and oos budgets for comp leting the v,mrlt It also serv es to orgia iz.e the project plann ing team , v.•hi ch incl udes Mead & Hum:, its sub-oormultants , airport staff , othet" oonootrnnts v.•or ' -ng or the Airport, so thaUhe necessary study efforts are effici enlly execll.Jited, tmd the partic ipant ro1es illnd resp ons!ib lities are cleanly de ed_
13 .. 1 Scope of Se:1111(ces
The e a · or tihis emen includes prepara fion of this scope of serv ices for the mast er plan and CEQA illnalysis_ The de ivera ,1es for this element wi'II be draft and final scop e of services, project schedu le, tm agreed-1Jpon proj ect planning budg e and an agreement for the prop osed plann-ng •orik_ Specialty su b oormu ams , their scope ofll,•ork are idlemified , and siub-consu lbmt agreements are prepare d and ex.eculed_ The scope of services, tihe schedu le, and ffle bud get I be developed · or each slu dy elemen .
There: oocurne nts will orm ffl e basis of the agreement to provide pro essionilll servi ces · or this projec .
The de 1vera1llles or this 1:as1t · d ude · nal scqpe o serv ices and de ailed final projec sched ule ..
13.2 Scoping Meetiing1s
This fasik i cludles two mee -ngis wiifh Airpo rts ff and one in peF..o wilfl FM l!Jos Angel es A[)O s ffto discu ss the scope of servJces and enS' re A[)O requ irements are addressed a e,quately -n the scope . T he meetirngs wl I be attended by a ast two Mead & unt repreSiellltatives. l"h e de rvera.1lles or this 1as1t - cl1Jde meet ing agendas and h1gh-level rneef ng notes _
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13 .. 3 Project Management
!Projects such 0s this study dernand a rntiined 0pµrooch to proj ec,t managen 11tifo achieve s1..u:cess.. h is eSjpecialty lrue at the beginn-11g of Ille pro cess when the goa1ls1 1rection, cmeri.a, assumptiiaoo, ro s, and expectations .are developed_ Continuous .and timely coordination with Ille Airport 0nd - s deS!ign0ted IProjec anag er 11,i be prov i throughout the study .. Project manag;emenl · sks will con ·nue throughout all aspects o ·tihe agreecl-u,pcm pmjec schedu le .. The pro-eeit managern ent 0nd coorcrnafiO' proress inciludes the follO'!Nlng sks:
This e ort i eludes commu rtication art ong the projecH emn for purposes ,o traclki11g the priogress of Ille st ies .. Managing he wrious techni~ I worik sk.s .among the pliO·ec team is necessary ror 0, sm:,ces&ful project Pro - ct m:anagemem duties I include:
~ Dev eloping 0:nd docum enting the comm: nicafioo 1plan • Organ izing the pmjed team
• L.a:unchirig Ille projec,t ac ivifies
• Execufi r,g project aeitivifies
• o itori11g and oonfrolling the projecHo ach- e resu lts • anag inglm i ·gating ri&1t:s and solving ch0 enges
• A dressing unforesee n cha'lle. es
• lm.•oi ci r,g and morn ori 11g project budget
• o itori11g and ensuring sclhedu e adherence
• Prepmirig FAA Gram Applicatiorns arnd/or requests for retmbursemems • Quarmy contJol arid quality asoo ranee efforts
• Closing ,ou Ute projed
The de 1verab'.les or this fas,IJt; ·ndu de gran a;~rca ·o s, coordinaoon ema s pr~ared or ·rport staff and the ooridud ,o Ille s tus meetings throughou tile erngagemen . 13 .. 4 Sp011sor Coordirnition
!Regular proj ect s tus briefirngs 11,,j ke place th:ro . gttouti Ille study pliOress .. lhere briefings . II tal(e place ·n person or \'ia a fel~hone call ,or email betwee n the Aiirporfls Projed Manag er and ead & Hun s IProjec anag er or deputy IPmjed a:na er .. These briefings . I ino1ude status reports of current 1Norik, upooming meetings aoo v.·ork effort a d discuss ion o,f any challen es in the study e ort 1Nhich may iii. ed the schoo le, proc ess, or budget
-rpo:rt Primiilry Pioint of Oon ct
Harry l:l!mett Jr. Aiirport Directo r
Meiild & H ullti IPoin of Cootaci:
Ry0n Hayes, IProjed Ma,nager
Specific critical needs ,o lflis proj ec,t will be icfemified ror related OOllSU1!an support h. scope o services a11ticipa es 30 rnonfhly meetings , 8 of whiclh will be on s· e ~ Id in oonjunclion 1Nittl other meetings ), and 22 via teleoonferenre 1 au o 1Nhich ·. II include at least two M'ead &. Hu ts .ff.
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The derrverah1es or this raslk ·nctude high-level meefing notes or the ooo:r intCon meetirngs" 11 mari2iing aeition • ems taf{e:n l.)y U.e oonsu ant lfil:tm, FM, or tfrpo: staff ..
13.5 FAA. Coominatiion
This tmi!k inc udes coosul mn coordirnalicm and support · con munica · on reltrn d to the FAA. Primary ooo:rd'ination and support room lile consu al'lll will be provided by the oonoo'ttan Project Marmger and airport's designated FAA r ioo:n.
An icipated stakehokfers rom ltle FAA ma,y inclu e the Los Aogeles ·rpo:rts IJislricl Office ,(ADO}, FAA Western !Pacific Airports rnViis:iorn, and FAA Western Service 0enter O ce oi Aiir Tra.ffic. The coorcrmi-fion inclu !ed in this 1:a"1k may inc ude the tdllov..:irng efforts,:
• Consuttarn ·11 mee · · · ·rpo:rt and FAA Los Angeles ADO designat<ed program ma· ger, iilnd other concerned a.gene· s a:nd parties ,on matters afife,c ·11g the · aster !Plan lo d·iscuss lile master plan so lilat members of the corns: Iran s teiilm acrount · or FAA expectations. I is a: ticipa !ed that one man Hty 1/ rtual meeting · h lhe FAA 'lli1ill be conducted .. • Consuttarn ·11 provide as.sis nee iilnd guidance tor coordination of the master pli1 witih various iv.is-ions ,o lile FAA, iilS needed .. Consulran will prepiilre oolh rneefing agendas iilnd meefi11g notes ,(i.e., action items and key discuss:ion points) tor lil e Airport's rerord and for dissemina!"on to the ma.st.er pla teamL
The de iverab1es or this ras!k ·nctude meeting preparatory materials and highhlevel llleeting notes from the meefings wiUl FAA identify any eas·ons or aclic:m i ems ken.
13.6 Chai1ering Session JKickoH meeting.
A p1lann·ng program c iilrtering sessio ,( 1iclkoff Meefing) invo'IViing Hle co sultan! lemn, airport staff iilflld ii!ppropriate lociill officiiills, interested 1parties, iilnd he FM, all of w idh rornpose the p nni11g teiilm tor Hle development ot Hlis Airport Master Pla:n •ill be held at the beginri · ng ,of IJle projeot.. The purpose o · such a, meefing will be to develqp team relationships, estab 1s!h expec .tioris or the study effort, and ensL1re iii thorollgh understandirig of the p nriing process, rn; bernefits, and use of the 'lli'or&. products in Hle deciS:ion-making process,. This meeting ·11 be ti d in Piill m Springs a the Airport. The consul nt lh1ill ooooucl a:n inventoryilbackground informa1ian siife vi"it cornoo:rTenlly with this Kickoff eeting ..
The de 1verab1es or this ras,k · c de: meeting pre,parato:ry ma eri,als arid high~level rr-.eeting notes dooumern ·ng iilny miilterial d" oussion ifems ,or iiltitiorn · ems.
13.7 l'.dentific atiH of Termil!lall Sustail!labllity al!ld Resilliel!lce Goals.
The oonsutlan II work i a:irport staff t:o dclemi"rie wh1.1t a:irport oosl:amability go~ and objecm es am be ·11corporaled imo and f:acilirai.ed by lile 1aster plan, speoifica ly file !Phase I Terminal Area Plan.
Susta·oobilfty iill'ild resiliern ce goa ciilri be supported through the temi"rial plan ing ll)y s pporfing the airpo , m el of sustainahi ily which iilooounts or ern vironmenta'I, social, fimmcial, and operafio·nal elemenis. These goals are espec· lly imponari given the Biµartisan Infrastructure .w alld the sm · blea:nd re .. ·lienl eatures ina projedltla t maypotel'ilfiallybeprio:rifized tor term· al uncling.
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There elements can be inoorporated into Phase I tihliOugh:
• Pl3' ing for 3 equa e gates to reduce a:ircrnft idling rme • Sustain3il le reature:s inc uded - future temfMI additions, including energy effic- 11cy, renewable energy a;ptions, and 101.h!-embod- d carbon materia'ls
• Pl3' ning for 3·nd siting relatiive to support he use of Mure e ectric a-rcraft and ad'M'anced 3-r lll0 bi1ity infi11structure
• Pl3' ing for resi 1ence, potenti ly inclu 1ng micirogricl oonsi<teraitions, p3-ring on site renew:eible energy -' ,on-site stm ge and future energy chm1ges
Prqper curb hion mci]i ies to al ow or reclueition in ciirc 1ng and id ng time, 3s well as ab ity tar future ca necliive qpportunities for ooeshare and sh , le qpportunities • Paril( g in pro. •ements -, orward thinking plmr ing for fleXlibi]ity lo a'llow fo:r ellectrffica'fio:n of veh-c fleet
Financial implica1ions of de elopments with expertise and m.ippart · or s.<usrainable grant ,options and pliOcesses
lilhis tas_lk; v,;•ill •. in- ia ed wiHl a sustainabiHy ch3rette with 3jrport s fl' to fully uooers 11d the ,oppo ,unifies, chal enges and areas ,o · primity 3nd goals,. Based on ttf oharette, lhe cons I nt wi I develop a se. of susl!ai bility screening criteria to - corporate susta:in3 mty and res lience g;ools into the review of a I 3 emafives to devellap final recommendaoo s Hlat embed tt"lese V3 ues .. This soope assu ,es a two-hourvjrt al sustainability ch3rette and th.a; go3 I be inteq,rated based oft of exis. -ng infom1atian and qu31itfl ive assessments ,o prioritization rn,ther than deb.riled rnod mg,. lihe deliverables or this las!k -nclu:de: oharelfe agenda and brief oost3inab lity goals memorandur111.
14. PREPARE CALI FORHIA IEINVIRONM ENT AL QUALlliTY ACT jCEQAl1 ENVI RONMIEl~H AL IMPACT REPORT
lih e oonsuttan shall prep3re a Program En 1ironmen I Impact Repcrrt (El .} or the Palm Spnings -rpo Oomprehensi. •e 3sfer !Plan tha -s oonsisten1 , - the C01ifamia EnviliOnmental Qu3 ify Acit 1(CEQA)1 v.•hich -nc udes OEQA S tutes ,(Pulllic Resources Oode Semon 21000 et seq_), CEQA Guidelines (Ca:lifomfa Oode of Regulations Se coo 151:JIJO et seq.),, and lli e City of Palm Springs prooodures ro:r lmptemen -ng CEQA (re ijsed February 2020)_ lih e Prag n, EIRwi I pliOViide a dela led 3'M ly:s- of near- term projects identiliecl · or the first Ii e years ,of the Master Pl0· horizon and establish a frnmewort{ for lhe development ,of tiered enviliOnmenta'I do cum en ts Hlat will be p ept=ired for pro- cts i enti ed ror years S through 20 in Hle a"' er Plan_
14.1 N ofice of Prepa rati:on
IPliOject scoping . II include initialing AJB 52 oonsulti:1i -on with ative Arnenica:n Tribal .epresenmtives, preparing a Notice ,of Pireparation ( OP), and ci ,aling a scoping meeting follrnh'ing c-rculation of the NOP_
.Assernblly Bill (ABl1 52 Con:su'ltatio11 witl'I Na -,,e American Tribal Representativ es. The oons.< Ian 11,•ill prepare !fern ro:r Na ive American tribes Hlat ave requested ofificatia frmn flte City pumua:m to
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Assembly Bill (AB) 52. 11 e letters wi'II identify , e area arid proposed scqpe o the Master Plan. Sho1..1lcl a Native A!merica:n tribe reques cons, ma ·om wi h airporl. staff, the cornfilll nt wi I pa ·c·pate in a consu aUon mee ·ng as needed; however, he cons1..1 anl assum.es lflat o more ttrnn three such meetings would be req1..1ired and at lflose meetings lli'OLlld be held vjrtually.
14.,2 Prepare Notice iof Preparat r.0111 and lnirHall Study Follmr.1ng fhe identilica ion o,f a preferred a11.emalive, tlle co nsultanl II pre,pare a draft ofi ce of IPreparnoon (NOP) ro Hle EIIR. lilhe desci ·ption offhe preferred alternative 1Ni ·nctude adequate projec related infom73! ion ror Hle 1public to coosiderfcomrnent on potential e1n tfr menl:a'I issues d · g the EIR "oop·11g period.
As part ofthe sooping process, Hle coosult t team will prepare am lnitia'I Study (IS) based on fhe CEQA G id ines, Appemdix G,_ lilhe draft NOP/IS·. ·11 be pro ided o · e City tor ,one round of review. Based on comments, the NOP/lS 'ini I be re . ised and fima ized. lilhe intent o · Hle N OPIIS is lo identify he environmental · sues to be com;:idered i ttle EIR. The City Iii~ I be responsible or mai'li11g nolices to the dismbu ion rist o local agencies/personsforgan· a ions o intere-sl using ce i ed mail, fhe Clerl, and any rnewspaper lega1 notices. The te-.a:m wi prepare Hle dooumemt or 1..1ploading to CEQANet, inoludimg preparing he .ofice of Completion (NOC).
The release of Hle NOP 'ini I begin a 30-day public s,oopmg perio .. Tlhe consultanl . II ooam1ent comments received on the NOIP and consider comments when p eparing the sccrpe a:nd conte11 o,f the El R .. Comments lN II be inclu ed as a:n appen ix: to Hle Orn El R Scoping IMreting. The corns !:ant will · acii 1!ate a p1..1blic scoping rneeUng to galfler imput on · e content of the EIR .. Tlhe consu arnHeam wi ass· im preparing f e staff presentation far fhe scoping me ·mg and prepare me ·mg doc1..1mentation ..
14,4 Prepare Administrntive Draft EIR
The consu ,an . I prepare am dmiriislrafii.•e Orn EIR (ADEIR) or airporl. staff rev·ew .. The ADEIR wi I inclu e the requ·red contents of a Draft EIIR (Guidelines Secliorns 5120 - 151130):
• Ex:ecu · •e Summary. Tlhe Executive Summary presents an overview of he results and conclusions of ,he environmen a1 evaluation. It wi s,ummarize the pro·eot altema ives and a:reas of controversy amd . II include, in tabular orm, Ifie potentially signffican project impads and feasible miligaUan measures.
• I ntrocfuc iom.. he llntrod uclion !li•ill desoobe the CE<l!A IPFOcess, fhe intended use of Hle EIR, areas of concern identified as parliot Ille NOP review recess, a:nd project bacikgro1..1nd~ ·story. • Prqject [lescriip · on. The pro· ct descripoon i desciri'be the proposed aster P1an pmject list and i will inclu e con'Q)atibirily maps, cri eoo, arid polic· of fhe preferred altema · e .. The project descriiplio: 1ill also identify the projecliob"eciive-s and ofher agencies who may ke actions fo imp men fhe proposed project list The 01,1e,ra I enviromnemal setting •ill be included. • Environmen l Analysis .. The EIR wi I describe the environmen1al settimg, cornS!ider lhe potenUal enviro n:merital effects of Master Pl011 projeots, idemtify lhresholds of signi tcance, and, if
Item 1J - Page 101
nece'SS4try, identify easible mitigation measures to reduce or a,•oicl potentia 'I sign ifia,:int impacts ..
EnvJronmental topics to be add ressed in the Ell . incllL1de:
Aesthetics Agriwttil.lr e and Forestry
Air Q alify Biological Reso rces
Outtiural Resouroes Bnergy
Greenhous e Gas Emiss:ions Haz:ardol.ls Materials
Hydro logyMl'at er Qua'lity Land I.Jre
Noire Minera ls
Population Rublic Services
Recrea!io n T ranS!J)Ortation
Triba l and Oullural Resou rces Ulilflies and Service Systems Wildfire
• Curm1lative Impacts Alllalysis .. An B R mus cons ider ·mpads Hlat may be in 1v~dually insig: iifican , buti conside rable when com bined wilt! other past, presen and reasonab ly oresee/Ib le future projects. The oomml nt will col b orate •i the City o identify sl.lcil projects. • Projed Alternat ives .. An El R must 1scuss teas le all.emalives tha would avoid or Sllbsf:an1ially ired ce one or more sigrnificant environmen tal ·n'1)aots. he aHematives may inoll.lde the atti.emai · es developed as Jpart of the · as. er 1lan. The attemaf es ml.1st inclu e the No Prnjeot atti.emai · e .. The consL1ita:111t assumie:s Hlat fhe o Pro - ot Altema ive a:nd ,one othe r Master Rian atti.ema · •e ·11 be oomtidered. These al ematives , I be developed in consl.lltation with the Ciitiy .. • OHler CEQA Considerations. CEQA. requires Hle considern ion of sl.lcih issues as Llmwoidalll e adverne impacts, effects Jou d not to be s:ignificanl (incl ding Hlo:se "scoped outi:" dl.lriing Hle NOP process), and iirreversi1lle env·ronmem:al changes, Tll e EIR wi a o identify those associat ed with the prepara!ion or fnos.e consl.llted dl.lring the develop ment of · he EIIR • Append1oes. Suppor!ing ociur1 nl:alicm •ill be prov ided in fil e appe ndices, inclluding scoping inform.a ·om and techniCIII stl.ldies prepared to sup;po: ffl\e EIR analys es.
The oonsu amt II submit an Adm inistrntive-dralt EIR (ADElR) to Hle Oitiy in an eleciro nicJPOF orrnal ~ amd Hle consl.l a:m assumes Hlat the City 11,•ill require a 30-day rev iew peri od.
14.5 Prepare Revised Adm i111iisb"afive-Draft EIIR !f ollowing City Review.I Fol ing he C ity's review o the Adm · is,tra ive-draift Program EIR (ADE IR)~ he con:sultanl will uic itate a Viirtua1 meeting to disciuss the ADE IR contents... Folio .·ng the meefillg , the oonmrlmnt wlll prepa re and sil.lbr1 f a, Revis ed AD Ei . to for City rev iew .. The p rpose o,f the IRievis.ecl ADEi R is to demonslrnte Hlat the proposed rev· iofls to fhe A DEIR have been implemenled correc tly. An approxiimate1y J(ktay revJeiN periiod is tmticipiitecl, a enr.•hich e consl.llta:nh,•ill tac irate a vfrtual ,reeling wilt! file City. The oonsu ant w I respond o one round oi Airport staff amd/or City comments on fhe Re is.ed ADB R.
14.6 Prepare Notices a111d Cimulate Draft IBI R
The co:nsu amt· II prepa:re a draft ,a the Notice ,a Availab lity (NOA) fo:r ffl\e [):ra.ft Program EIR. It is assumed fha/l Airpo.rt staff I be respons le ifo:r d1.,. ribu!ing the notioe tor uired loa,:il agenc · 1 pos ·rl!J i with lhe Clerik, ru,d pl.lb I" ing · · in a 11e1Nspaper ,o general ciircutation . The consu m wi II prepare Hle otice of Co rt pl ion (NOC) , mid stale Clearinghouse Summary Form Tll e oonsutta:m ill asS!i"t the City
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wi.111 plo0: ing tile DEIR to COOANet or distnibu iorn to sta e agenciies unirng a, 4!5-day pu'Jjlic commen period .. In addition, the oonsu11.anl II provi e airport st:nf wifh six hard copies of the [Ir.aft EIR. so tha [ti• can be avai . le far pubr c review a.t the -rpart and iolll-er City offices . A 45-day review period is antic- • ated to nl31in 1n tile proj ect schedu e_
14. 7 Prepare FIHAIL P-rngram EIR
Preparalion o tile Final Progr m EIIR. -11cludes respond ·ing to public comments , prepa: -Ilg the "rfigation Mon- ol'iing and Reporting P n (Ml RP-), circulating a Fiinal Program EIR and M RP, arnd as&~"' ing with the preparation rot tile Finding o Faot , Srn.tem emo Ovemding Cond'funs , alld CEQA No -ce of [lef:ermination (NO D), ..
R!espo11d to Comm ents i11 the Drnft Progra m EIR. The con" llan t team . I work wftll fhe City Slaff and/or Aijl'JX)rt Sl.aifl' 1riespond to oomme nls rece ived on the contem of the [lrafl Program EIR. ring public review of the document The oonsuH.am . II prep are respons es to v.TiH:en comm.ents received ,on tile Draft Progr.am EIR .. Thee orlto respon d to tlles e comm.ents is not e;,;ped ed to requ ire new field work, re -sed fecih:nical sllld - , or substal'ilfive new ana lyses _ Pr~ue and Circulate Final Prog1rarn EIR and MIMRP. The oonsu'lt.an .-11 pr~are a fina l Program EIR tha I include e~..,sa ry text rev- ions -n response to com nem:s rec eived, a, list of commen ters, con m enls received ring tile pllb lic review period , and respons es to those co mrnenl:s .. The consu am •ill prepar e a Draift-Final Program El R for Oily review and assumes tlla.t a 30-day review peniod . I be reqll ired .. The oonw l nt wi I romm and distnibute the Final Program EIR_ The Fiinal Program EIR will also inclu e the Prog n1 MIMIRP.. he M RP . I iden ify eadl milig3 fion measure ; the mo iforing effo rt requ ired; fille timeframes far implem el'il - g the mitiga tion an d verifying ttm the mitiga -ol"I has been implemented; and 1he peroons/agenc -....s res:pon&ib"' or caJryi ng ,ou tile mi"igation and •eri ca -on_ Fi11ding1s of IFad , Statement ,of Ovemiding1 Cond itions HOD. The oonsu11:an · -11 ass ist the Cily d ring the preparation ,of til e Findings of Fa.ct The scope assl.llnes tha fille City ~ I prepare tile Findill!JS of facl , S leme nl.o t Overri d1ng Considerations flf rneooed), and til e Notice o Detern1-nafion_ Til e Cityw i'II st.1bmiti the rom1 to OEQAn et and the Oounty Clea, inclu 1ng liillng rees for C[IFl/1.L
14.8 Meetiings and Worikshops
llJp to tllree memb ers of the oonsull.anl tea:m w i ra.ci]itate and attend up to thnee m ee -11gs: one pub.lie soop-ng mee -ng (see Task 14_2) and o pu'bl"c hea:rings on the Prog;rarn EIR The con" lmn asst.1mes tha tile Oily wi I schedu 'le, secure a ven· e for, and pro Viide notice o Ille nreefing_ lhe corn;;u!tant . II aciirn.ate til e mee -ng, ass- airport staff in Ille pneparing a priesen1atiorn forlll e heaning, and provid e mee - g notes -11c uding att.enda: ce records and notes an qt.1estions received from atl.endees ..
14.9 BIR Coord 1natio11 and M a11agem ent
1i e carn;;u al'ill. anticipates a 2~-mon h proj ecl period . Up to 12' mOJlths will be assoc · ted •i Task 15, Phas e 1 sf1.1dies, alld LIP to 112 montlls will be req ired or preparation and disbib ufian of the Piro,g;ram1 EIR Ongoing coo d-nation and ma· gemen will ocicur throt.1ghout the 24!-mo nfh prqjecl period and wi'll -nclude
Item 1J - Page 103
preparation, partioiptl ion, 0nd fol ow-up actiivii ·es mrnoc" ted v.•i monlflly 30,-mjnu e vin1ml meetings and provide ongoing coordination among pmject team members.
Deliv erables with Task 14 i110tude:
• Biologic0I Resources ~port
• Cultural Resources Report
• Air Qualily and Greenhouse Gas (GHG)1 6mis"ions Report • Noise Report
• Traffic llmpac Ainalys:is Report
• Notice o Prepara · n
• F0,ci Itatiion 0nd attendance a.t a IPr,ojed Soop·ng Meeting • S1..1m1mny of Oomrnents received on he NOP and Soop·ng • Prermimuy Draft Program EIR
• Rev· ed Preliminary Dmft Program EJIR
• Draft El IR or ci.rcu tion as an electronic delivemb1e 0nd up to six hard copies • CEQA ofi ces (NO NOC)
• Response to Con ments on ltle Dra Program BR
• Dra Fi al Prog:ra:m EIR and · MRP
• CEQA Find·ngs of Facts
• Participa ion ·n t,,•o hea ·ngtmeetings (up to three projec team members) • Participt.1 ion ·n month'ly pmieci mee ·r.gs (up to½ hour each) ..
Assun ptions with Task 14 indmle:
The consultan s scope and /fee es ·mate ror faS:k 14 is based on the tolloWiing mmun ptions:
• Folio ·ng the · itiatio of tectmica'I reports, no changes lo ltle pro·ect list assump ·ons will occur such tha ·1 require additional 0na:1ys· .
·• The 2013 Cu um! Resources Assessment pr~pared by LSA inciludes records seam dala up to J0nuiny ~13. Copies o the 13 EiC data 1Nill be provideclto the cons1..1 ant ·• No cultural resources . II be identi ed. Should newly identified ardlaeo log,ica'l resources ouu r ring the cul uml survey, the loC::lltion and a brie descrij)tion of the resource Wiil be recorded on a Ca'lifomia Department of Pariks and Reuea ·on Primary IReoord · an al:lached loc01ion map 0nd m•erv·ei,., image. he cons, I nt will prepare a soope :md cost eslimal.e if resm.m::es are iden ified toot reqLf re 1recordafion and an e a.1ualion of resource eligi . :ility for inclusion in llhe Cal" ornia Regisiter of 1-fistoriC::lll .esources ..
·• To support AB 52' Consultation, the consultant Wiill hold a meeting 11,•i 'h Naive Americarn tribal represenrafures who request oonsulration alor1g , · airport staff .. This scope 0ssumes that o more thatn three su ch rneefings would be rrequired and Htat those mee ·ngs would be held 1frtua'lly. • The City II be responsible for maili r.g no ices to lhe distribu · on llist of loc ag;enaiesJ1personsforganizalions of ·nteres USiing oortified 1mail, he O.lerik, and 0ny neiNs,pa;per leg notices.
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• The Ci will req ire a two-weak re'M'iiew period ifar the OP imd a 30-day re uew period fur lhe mi rtis,traJiive-drafl: Pirogmn1 El imd Final Program BIR. • The effo to respond to comments a Ille Draft: rog;rn:m El R is not expeoted to require mew field work, revised techni~ 1 s,tudies, or .Siu'bs ntive rneiN ru,~'lyses ..
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
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35PALM SPRINGS
INTERNATIONAL AIRPORT
PROFESSIONAL CONSULTING SERVICE
FOR COMPREHENSIVE AIRPORT MASTER PLAN
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Director s, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any resp onse is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
Mead & Hunt, Inc.
2440 Deming Way, Middleton, WI 53562
3110 East Guasti Road, Suite 330, Ontario, CA 91761
Wisconsin
Please see attached
Item 1J - Page 106
36 7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECL ARE UNDER PENALTY OF PER JURY U NDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Please see attached
Anne M. Black, Business Operations Director
September 02, 2022
PALM SPRINGS
INTERNATIONAL AIRPORT
PROFESSIONAL CONSULTING SERVICE
FOR COMPREHENSIVE AIRPORT MASTER PLAN
Item 1J - Page 107
37PALM SPRINGS
INTERNATIONAL AIRPORT
PROFESSIONAL CONSULTING SERVICE
FOR COMPREHENSIVE AIRPORT MASTER PLAN
Mead and Hunt, Inc.
Corporate Officers and Directors
Andrew J. Platz, CEO/President/Director
J. Berry Still, Secretary/Director
Jeffrey M. Mason, Treasurer/Director
Laurie L. Whitney, Vice President/Director
John A. Rathke, Vice President/Director
Disclosure regarding ownership interest:
Mead and Hunt, Inc. is 100% owned by Mead & Hunt Companies, Inc.
Mead & Hunt Companies, Inc. Officers & Directors are:
Andrew Platz, Director/CEO/President
J. Berry Still, Director/Secretary
Richard E. Plymale, Jr., Director/Treasurer
Ziad Sabra, Director/Vice President
Amy Squitieri, Director/Vice President
Jeffrey Mason, Director/Vice President
Jon Faucher, Director/Vice President
Barbara Nick, External Independent Director
Gayle Roberts, External Independent Director
Pat Sheridan, External Independent Director
Andrew J. Platz is the only shareholder of Mead & Hunt Companies, Inc. above 5% at 6.90% ownership.
Item 1J - Page 108
•
I
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPROVE CONTRACT SERVICES AGREEMENT NO. 23B002 WITH WASTE EQUIPMENT SALES & SERVICE, INC., DBA WESSCO, FOR TWO TRASH
COMPACTORS FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve contract services agreement 23B002 with Waste Equipment Sales & Service, Inc. dba Wessco to provide two new roll-off trash compactors at the Palm Springs International Airport in an amount not to exceed $123,451.41.
1. Appropriate $23,451.41 from Airport Fund 416 Special Capital Project Fund Balance.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
3. Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 23B002 WITH WASTE EQUIPMENT SALES & SERVICE, INC. , DBA WESSCO , FOR
TWO TRASH COMPACTORS FOR PALM SPRINGS INTERNATIONAL
AIRPORT
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Aviation
SUMMARY:
This action will approve Agreement No. 23B002 with Wessco in an amount not to exceed $123,451.41 for two new self -contained roll -off trash compactors at the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve Contract Services A greement 23B002 ( Attachment A ) with Waste Equipment Sales & Service, Inc. dba W essco to provide two new roll-off trash compactors at the Palm Springs International Airport in an amount not to exceed $123,451.41.
2. Appropriate $23,451.41 from Airport Fund 416 Special Capital Project Fund Balance.
3. Authorize the Interim City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted on December 27, 2022, Wessco is registered in the State of Oregon. The owner is Brent Yeldell with 100% beneficial interest in entity.
Item 1K - Page 1
City Council Staff Report
January 26, 2023 -- Page 2
Award of Two Trash Compactors Contract
BACKGROUND:
The existing trash compactors at the Airport require replacing to improve waste management, improve operations , and reduce labor costs. One of the compactors is beyond its useful life and is no longer functioning properly. The interior metal has rusted through, causing leaks on the ground, and the hydraulic system is also leaking. Repeated attempts to repair and rehabilitate the unit have been unsuccessful. The second trash compactor, although not as old or deteriorated as the first, is well into its service life, and the unit is receiving more and more use. The current trash compactor has needed numerous repairs and purchasing two new replacements will enable the A irport to avoid disruptions to operations in the future, particularly during a period of significant growth .
By acquiring an additional trash compactor, the A irport will have the option to keep the second unit as backup, which would be beneficial during peak seasons, maintenance, or repair downtimes, thus minimizing the negative impact.
STAFF ANALYSIS:
An Invitation for Bids (IFB 23-15 ) was initiated by the C ity’s Procurement & Contracting Department on December 5, 2022 , based on the Department of Aviation specifications.
Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. On e bid was received by the December 27, 2022, deadline as follows:
Vendor Bid
WESSCO $123,451.41
Since only one bid was received, the pricing was analyzed by the A viation Department and compared to prices paid in the past and was found to be fair and reasonable for the City. Staff recommends approval of Contract Services Agreement 23B002 with Wessco in the amount not to exceed $123,451.41.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
N/A.
Item 1K - Page 2
City Council Staff Report
January 26, 2023 -- Page 3
Award of Two Trash Compactors Contract
FISCAL IMPACT:
Funds for the purchase and installation of the two trash compactors in the amount of $100,000 are available in Airport account 4167065- 60005. The remaining funds in the amount of $23,451.41 will be appropriated from the Fund 416 Special Capital Project fund balance.
REVIEWED BY:
Department Director: Harry Barrett, Jr.
Procurement Manager: Kim Baker
Acting Finance Director: Kristopher Mooney
City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Agreement No. 23B002
B. Public Integrity Disclosure
Item 1K - Page 3
ATTACHMENT A
AGREEMENT NO. 23B002 WITH WESSCO
Item 1K - Page 4
Revised 2.9.22
CONTRACT SERVICES AGREEMENT 23B002
TRASH COMPACTORS FOR PALM SPRINGS
INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on February 2, 2023, by and between the City of Palm Springs , a California charter city and municipal c orporation (“City”), and W ASTE EQUIPMENT SALES AND SERVICE, INC.
DBA W ESSCO, a Oregon corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified contract or to provide the City with two (2) new self -contained roll-off trash compactors at the Palm Springs International Airport, (“Project”).
B. Contractor has submitted to City a proposal to provide two (2) new self-contained roll-off trash com pactors at the Pal m Springs International Airport , to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services ” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently pract icing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law . Contract or sha ll comply with all applicable federal, state, and local la ws, statutes and ordinances and all lawful orders, rules, and regulations when Item 1K - Page 5
Revised 2.9.22
performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the S ervices required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for comple tion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Cont ractor to any additional compensation regardless of the P arty responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $123,451.41.
3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes . In the event any change or changes in the Services is reques ted by City, Parties shall execute a written amendment to thi s Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
Item 1K - Page 6
Revised 2.9.22
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of perform ance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of S ervices to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: ( 1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and or ders, r ules to protect the public health, welfare and safety, and ot her actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the S ervices for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the P arties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. U nless e arlier terminated in accordance with Sectio n 4.5 of this Agreement, this Agreement shall continue in full force and effect commencing on the issuance of a Notice to Proceed and continuing until work is completed in accordance with the scope.
4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of terminati on, Contractor shall immediately cease all Services except such as may be specifically approved by the Cont ract Officer. Contractor shall be entitled to compensation for all S ervices rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other th an the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed S ervices and shall not be entitled to damages or Item 1K - Page 7
Revised 2.9.22
compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor , who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days writ ten notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions i n its behalf with respect to the specified Services: Larz Wassel (name), Account Manager (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantia l inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the S ervices under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City M anager or his/her designee ("Contract Officer"). Contractor s hall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor shall refer any decisions that must be made by City to the Co ntract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor , its pr incipals and employees, were a substantial inducement for City t o en ter into this Agreement. Contractor shall not contract with any other individual or entity to perform any S ervices required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisio ns stipulated in this Agreement including without limitation the in surance and indemnification requirements. I f Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of i ts subcontractor(s) in the same manner as it is for persons dire ctly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its e mployees shall have any control over the manner, mode , or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified . Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor ’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be r esponsible for all reports and obligations r especting Item 1K - Page 8
Revised 2.9.22
such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compens ation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contra ctor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the foll owing personnel without the prior written approval of the Contract Officer. Acting through the City Manager, t he City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
N ame: Title:
Larz Wassel Account Manager
5.6 California Labor Code Requirements .
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates a nd the performance of other requirements on certain “public works” and “ maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance o r $2 5,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents fre e and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upo n t he Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with t he D epartment of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors , as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insur ance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
Item 1K - Page 9
Revised 2.9.22
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials , officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, set tlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injur ies t o or d eath of persons (Contractor ’s employees included) , for damage to property, including property owned by City, f or any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions , or willful misconduct committed by Contractor, its o fficers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified P arties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor ’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor ’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Ser vices required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such b ooks and records at all reasonable times, in cluding the right to inspect, copy, audit , and make records and transcripts from such records.
8.3 Ownership of Documents . All drawings, s pecifications, reports, records, documents, and other materials prepared by C ontractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall Item 1K - Page 10
Revised 2.9.22
have no cl aim for further employment or additional com pensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an un restricted right to use the concepts embodied in such documents.
8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular busines s hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, document s, and activities directly related to Contractor’s performance und er th is Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make s uch items readily accessible to such parties during the term of this Agr eement and for a period of three (3) years f rom the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and inte rpreted both as to validity and to performance of the parties in accorda nce with the laws of the State of California .
Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall be instituted in the Superio r C ourt of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreemen t shall be construed as a whole according to its fair language and commo n meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the var ious sections and paragraphs of this Agreement are for convenience and i dentification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver . No delay or omission in the exercis e of any right or remedy of a non- defaulting Party on any default shall i mpair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative . Except with resp ect to rights and remedies expressly declared to be exclusive in this Ag reement, the rights and remedies of the Item 1K - Page 11
Revised 2.9.22
parties are cumulative . The exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the sam e o r d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either P arty may take legal action, in law or in equity, to cure, correct , or remedy any default, to recover damages for any default, to compel spec ific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement res ults in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor , or any successor -in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any dir ect or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not dis criminate against any employee or applicant for employment because of act ual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethn icity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’ s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, i ncluding but not limited to the following: e mployment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and fu rther, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
Item 1K - Page 12
Revised 2.9.22
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to th e address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: WESSCO
Attention: Larz Wassel
211 NE Columbia Blvd.
Portland, OR 97211
11.2 Integrated Agreement. This Agreement constitutes the entire understand ing between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amend ments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and val id under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agr eement is intended to confer, nor shall thi s Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. Th e above-referenced Recitals are hereby incor porated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
Item 1K - Page 13
Revised 2.9.22
11.8 Authority. T he persons exe cuting this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
12. F EDERAL PROVISIONS
Since funding for the Goods is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequa tely comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
Item 1K - Page 14
Revised 2.9.22
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND WASTE EQUIPMENT SALES AND SERVICE, INC. DBA WESSCO
IN WITNESS WHEREOF, t he Parties have executed this A greement as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No. _______
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1K - Page 15
Revised 2.9.22
EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1K - Page 16
Revised 2.9.22
1.1 Scope:
A. Contractor shall p rovide all equipment, labor, and materials necessary for the purchase and installation of two (2) new self-con tained roll-off trash compactors at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262.
B. Contractor is responsible for any necessary building permits and/or plan checks.
C. Contractor is responsible for removal and disposal of one old compactor.
D. The two new s elf-contained roll-off trash compactors must be:
1) Less than 23’ in length
2) Minimum capacity of 30 yards
3) 2 yard charge box capacity included
4) Rear-fed hopper
5) Must have ozone odor control system
6) UL listed relay control box
7) ANSI approved
8) Ground-level cart dumper system
9) Hinged breaker bar teeth
10) Oil level gauge and thermometer
11) Installation included
12) Warranties: 3 years structure, 2 years parts, 1 year labor, standard factory 13) All units must be accompanied with a minimum of 2 sets of keys. 14) Primed and painted beige in color
15) Quality Assurance Products shall be Designed, Tested, Rated, and Certified i n accordance with , and installed in com pliance with all local, City, State, and Federal Standards and Codes. All material and equipment shall meet or exceed existing material specifications.
16) All units d elivered to the Palm Springs International Airport must be accompanied by two (2) copies of comple te parts, shop repai r, and operat or’s manuals through actual paper copies or digitally. The parts manuals must show all co mponent parts including, but not limited to, component assemblies and their sub stitute components identified by manufacturers part number. Any component or sub-assembly not manufactured by the O.E.M. must be identified including the name of the manufacturer of said component and said manufacturer’s part numbers and nomenclature. All parts information must be specific to the unit delivered to the Palm Springs International Air port. All shop repair manuals will include, but not be limited to the following: Complete disassembly instructions, adjustments and replacement procedures, wiring diagrams, hydraulic schematics (where applicable), hos e routing, location and function of sensors, time standards where available, and trouble-shooting guide.
Item 1K - Page 17
Revised 2.9.22
17) All units must be accompanied by a factory recommended preventative maintenance schedule including procedures, time, hours, mileage intervals, pre-placement part numbers, and fluid specifications.
18) These units must be of the latest design and model and shall have all the standard equipment normally furnished with such models.
1.2 Insurance Requirements:
The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.
1.3 License Requirements:
1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;
2. Possess any other applicable license required in the performance of these services.
1.4 Pricing:
Contractor will be compensated on a lump sum basis that is inclusive of all costs related to the specifications and requirements.
1.5 Special Security Requirements – Palm Springs International Airport:
1. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contr actor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to app rove the iss uance of Airport Identification badges a nd the processing of a fi ngerprint CHRC and STAs .
Electronic links to this letter and th e Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. U nder certai n ci rcumstances, and out of t he control of t he City, sec urity measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Are a Access – All Contrac tor per sonnel who requir e unescorted access to the r estricted areas of the Airpor t, prior to th e issuance of an A irport Identification Badge, must successfully complete a fingerprint based CH RC and Security Threat Assessment (STA) . In accordance with CFR 49 1542. 209, the CHRC m ust disclose th at the a pplicant h as not been convicted, or found n ot guilty by re ason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1 542.209, during the 10 years before the date of the individual’s application for unes corted access a uthority, or w hile th e individual has unescorte d access authority . The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
Item 1K - Page 18
Revised 2.9.22
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504. 6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314. 12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance. 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) D ishonesty, fraud, or misrepresentation;
vi) P ossession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
Item 1K - Page 19
Revised 2.9.22
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.
2. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to t he work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort b y properly badg ed personnel. Supervisors shall be badged with a Palm S prings International Airport Photo Badge . These badges will be identified numerically and issued to individual employees w ith a permanent record maintained on each individ ual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for al l badges not returned . As p art of the badge application process, each applicant will be fingerpr inted for use i n an FBI Criminal Records search. Any person whose c riminal record reveals offenses listed by the FAA as disqualifying offenses wi ll be denied a badge and will be prohibited f rom unescorted access to the proj ect site . All r equired paperwor k and ID badge applications shall be s ubmitted a m inimum of two w eeks b efore issuance of any badge. The Contractor and its staff ar e responsible for atte nding SIDA training and completing security badge application. Attendanc e of the video-based class and issuance of t he badge may take in exc ess of 3 hours. There will b e a $ 50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.
3. Violations – All violations of Airport security are also v iolations of the City of Palm Springs Municip al Title 16, California Vehi cle co de and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.
Item 1K - Page 20
Revised 2.9.22
Item 1K - Page 21
ATTACHMENT F
BID FORM
INVITATION FOR BIDS IFB 23-15
TRASH COMPACTORS
Responding to this IFB for the purchase and installation of 2 new self-contained roll-off trash compacto rs, the undersigned bidder proposes and agrees to provide the services and wor1< in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complet e said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore , the following unit cost amounts. The City of Palm Springs will not accept any additio nal charges , fees, etc. that are not already included or inoorporated in the below unit costs.
ITEM
1 DESCRIPTION UNIT
Purchase and Installation of 2 new self-
contained roll-off trash compactors per Lump Sum
s=cifica tions
Certified by: /..-A. ( '2.- \..,,_) 4...$} ~
Firm Name: W E S S { _jD
QUANTITY TOTAL
1 $ \1. ~,4.Sl.~\
Signature of Authorized Person: ~s~~s;=:!f~~:;~;§;;:::==------- Printed Name: _ _,L,.,,::_~..::_Z-=__,{_.)......,"1,i.a,S..,C.;:<A=-'----------- Trtle: _,A--'-'u..=lle....v:::...~---'--'-A---'....:.'-~--=1--'c_./=------- Date: _ _.cl,_,1..~I '2-.=..J.1..4-{ ... '2-::::...2s..~""-------------
Revised 2.9.22
Item 1K - Page 22
Palm Sp1ings International Airport
Brian Sotak
PROPOSAL
760-322-8336
b1ian.sot.ak-rossman(@_,palmsp1ingsca.go,·
Waste Equipment Sales & Service Inc.
503.289.2360
800.453.2360
larz:alwessconw .com
www.wessconw.com
December 23, 2022
WESSCO has been serving the b\1$iness community since 1987. Our customei-s include Fairfield Residential, Sephora, Cohunbia Sportswear, Intel, Apple, Callaway Golf, & more. \Ve propose the following Mal'athon equipment
EQUIPMENT
(2) Marathon RJ250SC 30yd Self-Contained Compactors w/ Integral Dumper for fEL containers
2.0 cu. yd. capacity charge chamber with 41''Lx 58"W fe.ed ope.uing Multi Cycle Timer set to two ram cycles per start-up
Pres-sme. gauge. mounted in panel w/ ke.y operated controls 30 cu. yd. container. Compactor is 20' 5" long
Universal Wlderstmcture for local hauling
Inte.gral Dumper mus off of compactor power pack
Dumper modification for wide fork for FEL containers added I 0HP motor 480v 3 phase.
Hinged breaker bar te,eth
15' guides w/ HD stops to put c.ompac.tor in place
Sonozaire 330A Ozone. Deodorize.r system • lDdudes we:ube.r cover, rigid piping, and 6' fle.x bose Marathon's Signatme. Series Warranty: 3 years structure, 2 ye= parts & 6 mouths labor Project Management, Turnkey Installation, & Owner Training by WESSCO Pure/tau P,ia d,li, ·,r,d fo Palm Sp1i11g,, CA; /1,sfall,d ....... ... SJ 12, 999.00 + SJ 0,452. 41 sales tax Grnud Tow/ = SJ]_?,451.41
SAFETY
• UL approved entire compactor
• Hard-wired electric. motor. Employees are. not e>.]lOSed to high voltage. power disconnects at compactor • Allen-Bradley remote controls. UL approved, key actuated start and red button stop per State safety codes • WESSCO and Marathon compliant to State Safe.ty Codes, OSHA &ANSI 2.245.1
Revised 2.9.22
Item 1K - Page 23
WESSCO SUPPORT
Installation of entire. system by factory trained personnel.
Employe,e compactor training and support by WESS CO.
CUSTOMER REQUIREMENTS
Electrical connection from customers power source to customer supplie.d disconnect to compactor power pack. Dedicated fused servic,e disconnect is required.
Concre.te. pad 25'L x 9' W x 6"D, 3,000 psi, wire mesh reinforc,e.d or fttll length steel nmner plates.
Respectfully Submitted,
Larz \Vassel
Acc.ount Manager
503.969.4426
lar~ vessc.onw.c.om
www.wessconw.com
Quotation i:S \.·ah.dfor 30 dtl)'S.. SubjtiC-l !O cltange du,:, ;o S!Hl :Ul'Charg,:,s, 5otD du,:, a; rim,:, qford'11'. Df!iw1.ry: .lpproximm,:,.,y /4().160day: q/t"1' r,:,c.flipt ofordtir. TM Tt1.rms and Condin·011s atracJ1,:,d kt11'910 ~ hu,:,by inc.orporar,:,d by thi: rfl.fa.ren<.fl.
Customer Acceptance Date
Purchase- Order Number ________________ _
WASTE & RECYCLING EQUIP tv1ENT
Revised 2.9.22
Item 1K - Page 24
Marathon Self-Contained Exclusive Design Features
-Marathon Ram-Guide-System
Weight of the platen (ram) is supported by the compac tor frame Track system rolled out of fo1m ed steel built into sides of compactor head
Ca.st iron guide shoes bolted onto both sides of ram
Guide shoes tun in the tracks on side of the maclrine and support the ram
Industry standard is a "floor slider'' with no guide system Benefit of the Ram Guide System is that floor life will be p:eatly extended with considerably less friction. Marathon designed this in 1967.
-Double-Hinge Rear Door - Patented Design
Door closes like a bank-vault hinge for high strength and uniform closure
-"P" seal for superior water-tight closure
Full door seal - tuns completely around back door
Exceptional seal when U$ed with the double-hinge door
-Qwil.-Clean tank funnels liquid back into container
Significantly reduces the amount of garba ge
that can migra te behind the ram
When machine is dumped, the material be.hind the tam is designed to drain out with the ga1bage coming out of the container
-Sump inside Container
It will take 750 gallons of water inside the container be.fore the liquid ever geh high enough to hit the rubber seal
Water-tight facto1y tested with a cylinder be.fore leaving plant -Compactor runs on computer timers, inste.ad of Limit Switches Many service calls o~~a te from stuck limit switches - this is eliminated
-Solid-State CU·cuitiy for long dependable life
-Patented Cycon C.ontrol System
Eliminates shock when ram changes direction
Smooths out the hydraulic system for longer service life After each stroke of the platen the ram dwe.lh against
the full load to increase. weight and pack the container tighter -Full UL List«! and ANSI Approved (Canadian CSA)
-Ke.y switch, push-stat1, and E-stop. Extra keys provided.
Revised 2.9.22
Item 1K - Page 25
RJ-250WD
Self-Contained Compactor
With Integral Cart Dumper
RJ-250WD
V Great for waste with high
liquid content
V Owik Clearr" Tank
v Full door seal with P-Seal
V CYCON Life-Xtender'"
Cyclic Control System
v Customizable for your
application
tfi.r& Environmental
~ Solutions (lroup·
•:ll'i:D-
I :: > mftMTHOn®
V
R./-25/)WO
34 cv. yd. configuration piclJJred
The Worldwide Compaction Leader
Marathon" Equipment is known throughout the world as one of the leading manufacturers of quality on-site waste compaction products.
The RamJe~ brand has been the industry standard for quality and innovation for more than 50 years and includes stationary and self contained compactors , compaction containers, apartment and high-rise compactors, pre-aushers, augerc-styie compactors, transfer systems, and a wide array of options for virtually any application.
Revised 2.9.22
Item 1K - Page 26
RJ-250WD Compactor
Overview
Perfect for:
CD Malb/$tqJpllgC-.
,g, lllt1c$
o-
~ Cllleto!tas/Fasl Food
4 ---•
~
IIJJ --6 nien.P~oorts
DA ~
lil -·
Why Marathon• Equipment Is the Preferred Choice
Marathon components are selecied for longevity and minimum maintenance, with special attention given to 111e selection of high-duty cycle components.
Stress engineering provides the optimum degree of structural integrity. Only the best materials are used and 1he higheSI standards of quality are observed in the manufacturing process.
RamJet" RJ-250WD units are state-of-the-art in roll-off self-contained compactors, featuring large feed openings and expanded container storage capacity. They are designed to optimize safety for workers, store and transpcrt waste, prevent contamination of public areas in accordance with public health department requirements, improve working conditions for employees, and reduce hauling costs.
The RJ-250WD compactor can be customized wtth a variety of loading arrangements to sutt your specific needs.
The RJ-250WD is pertect for weel<ly volumes of more
than 1 oo cubic yards of wet ex general waste materials.
All models have a packer head with integral cart dumping mechanism pennanently attached IO the container.
The RJ-250WD Cart Dumper System
Equipped wtth an integral ground-level cart dumper system, this RJ-250WO is ideal for sprawling apartment complexes, shOpping centers, parkS, resorts, and other applications where a centralized disposal system is needed. "Trainable" carts can be located in convenient locations throughout the facility and periodically towed to the compactor. The compactor ram automatically retracts when the cart is being lifted so that the full capacity of the charge box is available for trash being dumped. ForkS remain in "full dump' position for transit to and from the disposal site.
AAM..E,-.fl .
Revised 2.9.22
Item 1K - Page 27
- > ~~-- mHRIITHOn®
RJ-250WD Series Compactor V
Features
RJ-250WD Features
V Exclusive 41" x 58" feed opening to handle even large, bulky items
V Continuous feeding capability - even while the
compactor is operating
V Easy loading from either ground or dock level
V Up to 24 tons of crushing force to reduce refuse to a traction of its former size, saving valuable space
V Fire hose connection provided on each unit
V Factory testing to ensure leak-proof construction
AAM..EI ~ ·
Compactor Fundamentals
Eight simple items to ClJl1Sider when choosing
t/Je pemct compactDr tor yvur application:
Recyclables - Is there Sldfieient volume of
recyclable materials to waiant n-.ire than one
compaction system or is recycling mandator/?
2 Size of Waste- ls the Feed {Clear Top)
Opening large en0tq1 to accommodate the
largest items wilhJut bridging?
3 Safety S1andards - Does the installation
coml)ly with rec<rnmended ANSI Slandards?
Is !here an access intef1ock switch on crute
or lq>per doors and gates? Is a •momentry
cxintacf' contrd required?
4 Power Source - Is adequate power
available? Ttree or single "'3Se?
5 Convenience - Is the IXl<l1)adDr located for
easiest use? Loading heqrt? Can a hopper,
doghouse, (charge box enclosu-e) or cart
dumping system improvo convenience? can
vwe be added {b<.ilding or ernplo~ security)
by loading thfllllltl the wall? WOUid an Ozone
Odor Contrd System solve odor or pest control
problems?
6 Volume of Waste Generated - Will the
compaclDr be adequate to harde the volume
generated <bing the peak load periods?
7 Location - Does, or can, the waste flow to
one central point?
8 Available Space- ls there space for the
Con1)3Ction System and maneuvemg rooo,
for collection trucl<s? Is there adequate
overhead clearance? Is there compatibitty
witt1 the collection trucl<1
1 Ha,.. Questions? W you have any questiOns
or need assistance with yt)lr compaction
needs, please cal 1•800-633-8974 and
speak to a specialist. We are here to help!
www.marathone ui ment.com
Revised 2.9.22
Item 1K - Page 28
RJ-250WD Series Compactor
The perfect compactor for high-volume wet waste
V Large 41 " x 58" Feed Opening (larger openings also
available upon request)
V Full Door Seal willl P-seal
V Bubble Gate with Auto Relatch and Dotble•Hinge Door
V Dwik Dean• Tank
V CjOOO Lile•X!ender• Cyclic Contml
P-Seal Watertight Closure
The P-Seal iS specially designed for pl)ltable compactim containers to provide a Sl4JOl'ior watertigrt cbsure. Tl1e -g iS engileered for quick and easy insldatioo when replacement is necessary, requirilg ro field fitting, cutting, a welding.
• Bubble Gate
The innOYative "Bubble Gate• adds a full cubic yard to container capacity. superior coo,pactm ratioS resut from its special curved shape. These two u""'° benefits reduce cos!s of <isposal.
RAM..E ,-.t,·
•
;;
l l
~H
Double-Hinge •
with Bronze Bushing
Every RJ• 250\IID is tested for watertighlrless before leaving the factory. Liqlid retention iS ensured by the incredible lloollle· Hinge. It creates unifoon seal Qlmp(ession while eliminating the seal "scrubbing" and damage so often enoomtered wi1II competitive designs. The Double-Hinge also saves expernive driver and truck time because only one easy-to operate ratchet makes It work.
Auto Relatch
The ultimate in latch systems, the ~ Auto Relatch
eliminates the need to hold the door while operating the latch ratchet. This design enables the operator to use both hands or, the ratchet, and prevent; the door from swinging out inadvertently .
Ram Gulde System
The pacmg ram iS supported by specially formuated
cast •iron shoes which ride or, replaceable wear strips.
This exclusive design protects the charge-box noor from the full force of the paci<ing ram, extending its life and dramatically red!cing compactim-robbing foction.
Revised 2.9.22
Item 1K - Page 29
»
~~-ffiftRftTHOD®
RJ-250WD Series Compactor V
Features
AAM..E1 d ·
Remote Power Pack
Separate from the compactor/container, the
Marathon" Remote Power Pack remains free
ol damage caused during haufing to and from
disposal sites and free of problems caused by
landfill dust Two simple-to-use, hydraulic quick
disconnect fittings couple tile power unit to the
packing head.
All Marathon Remote Power Packs are built
in-house to our quality standards and each unit
must pass a series of stringent tests before it
can be shipped with the selected compactor.
Qwik Cleane Tank Feature
The Qwlk Clean Tank featIJre, standard on
au RJ-250WD compac!Ols, funnels any liquid
seepage which occurs during compaction into
an enclosed area underneath the charge box
floor. The liquid is automatically discharged
at the disposal site, in effect flushing the
container and the area behind the ram. The
12" high, upto 750-galloncapactty sump area
is designed to provide easier hook access for
roll-off drivers.
Cycon Llfe-Xtender"'
Cyclic Control System
Standard on all RJ-250WD
Compactors
V Reliable, solid·state circuitry
eliminates all pressure and
limlt switehes
V The Cywn Ufe-Xtender no
shod< cycle cootrol extends
cytinde< and hose wear life
V Automatic "container ful
asst.ranee system" - the ram
dwells against the load at full
pressure, resulting in better
compaction
V Smoother nmning, quierer
operation
V Advanced hy<fraulic design
enables the system to operate
at minimum pressure levels
until the need f<Y more
pressure is automatically
sensed
V More accurare Advana>l
Warning I)( Container-Full
optioos
V ~perior oold·weather
perlC¥mance
Revised 2.9.22
Item 1K - Page 30
RJ-2_...50 .... Wil::!:!:!D~!:::!:!::!:!::!~~--ffiHRff, ,!Jl!® Dimensions and Specifications V
Spc,c11icahons
Clear-TOI) Opening l1- • W) 41"x56" 11M1Nl•1'73mffl
Compac&or Capactty 1.31,.. Ulm'
Ra.ll-hce Size {W l H) 60" •2' 'Ir" 16~•62Zam
Performance Charactenstics
C,CleTlme
"""""' Total Nonna.I Faroe 39,9001"Ja.
'""' Total Madinm FOl'Ct 49,500b.
"""'
Normal Ra.,.face Pm.sure 21.1 p!i
""" M.axilru1m Ram-Face PreS611re "-'"' ,,, ...
Ra.-. Pell8tftllo .. ,._
tt,draulc Pul'lp 10g;a ,...,
Nonnal Pressld UISOp!l ,,. ..
t.laxl.-u1m Pnlssure 2,300j)!i
"'"' lf)clraule Cylinders 2
.... •• _,,
Rod 2,,.-
-..... 31 •/; 800om
Hydraulic Equ1p1nenl - Integral Dumper
lf)draule Cylinders 2
.... •• ,._
Rod r .,_
Nonnal Pressure t,3001)!1 ....
For detaJled specifications, reconvneodations,
or to request a site survey cnnparing vanous
systems, contact the Marathon" Sales T earn at
MarathonSales@MarathonEqu/pmentcom
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I C I 0 I ' I
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I • I H I Weight
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CompactN & Baler Renu/ and Leasing Programs Aval/ab/el Sourcewell ~ ------ fflHMTHOO®
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Marathon Equipment Company I P.O. Box 1798 I Vernon, AL 35592-1798 ., •:cm- Learn more about Marathon Equipment 800.633.8974 I www.marathonequlpmentcom
Revised 2.9.22
Item 1K - Page 31
STANDARD COLOR CHART
Nabonal Sloe USA Green
Forc:.tOrccn Vollow Dal1<8rown
Gra;· Me<lun Blue Flag~e
Revised 2.9.22
Item 1K - Page 32
Fuse and Circuit Breaker Chart for Baldor Motors
THREE PHASE POWER
Motor Size VAC Full Load Dual Element Circuit Service
Amp FUN MIX BreakM CNseonnecl
bl ~ Am.Ill
~ 208 9 15 20 30
230 8.6 16 20 30
480 4.3 7 15 30
~ 208 13.1 26 30 30
230 11.5 25 30 30
480 5.7 12 15 30
1i.l1f 208 30 45 70 60
230 28 45 60 60
480 14 25 30 30
15 HP 203 47.S 60 90 60
230 45 60 90 60
480 22.5 30 40 30
20 HP 208 80 100 125 100
230 54 90 125 100
480 27 46 60 60
SINGLE PHASE POWER
3/4 HP 120 10.6 20 20 30
230 5.3 10 15 30
3 HP 208 16.8 30 45 30
220 16 25 40 30
i:iie 230 23 45 60 60
10 HP 208 51 .5 60 60 100
230 49 60 60 100
lnslellation of Sole!! interlock
Mount the Interlock on gata/cloor and door tra .. wilh no more than 3/4" 1pacing between tM ..-.erlock '"1d magnet (•upplled by WESSCO)
Moun: and secu• splral cable ldoJ.bo x (supplied by electrk: al comractor) Run so Cord to PQMr uni ellctrleal cabinet and hOOk up Into In series wltll Mop button. In moat can taka purple wi,. oN wmir,al strip n and attadl to empty lug w•b one ot the ir'lterJock wn,. Attach o1h1r interloc k wire to lug #2 to ccmpleta connection. :QN SELF CONTAINED CQMPACJOR mCUll J.bo.1 4' • 8' fra11 Ground lnel within reach ot apira l Gable. Atla1wh r of SO cord with atandwd 110v Mllff Gompalibl c plug. AtlaGh SO Cord to electrical cabinet per abolM direction• a.av. enough IMd , o • not to c,.... • trip hazard and attach t.male 110v matching water compatible plug.
Compactor wl l notn.r1 whhdoor In open poaklon or pluQ pulled apart.
If tt.re •• any problema or queationa c:all essco a l 503-299-2380
Revised 2.9.22
Item 1K - Page 33
2t - o ~ -- ~ []>~
S 1111 za~re®Od r Neutra8~zer
__ ....... ,.
•• .. .
' ,
Sonozaire Odor Neutralizers are industrial ozone generator s for odor control and air purificatiolL Howe-Balcer and oul" distrib utors have served the odor control business with the Sonozaire models since 1979. We stand ready to meet your need, .
Uses No Chemicals Ozone Reverts Back to Oxyge n
Opel ales lle .. ded Eliminates 1ld El ctronica lly
Heavy-Outy Construction Quick and Easy to Install
Retards Bacterial Growth
Rapid R,_.... of Odors
CB&! Howe-Bake,· Souozaire Di,ision 3 I 02 E Fifth St, Tyler, TX 75701 •(800) 323-2115 •fa.'( (903) 581-6178
• Em.ii1: [email protected] • We.bsite: \1/\1/w.sonozaire.com
Revised 2.9.22
Item 1K - Page 34
What is Ozone?
Ozone (03) is a form of oxygen (02) that contains three atoms instead of two. It is slightly heavier than air, and at low concentrations smells slightly sweet, but at highet concentrations has a pungent aroma. Ozone is molecularly unstable and reacts quickly to revert to a more stable form.
How is Ozone fonne d?
'1anlfe forms ozone every day in
1 method that is very familiar -
hunderstorms. When lightning
,ccurs, ozone is formed by the
ligh voltage arcs that ionize the
lir. The air is freshened aftet the
;torm because ozone ren1oves
nany of the impurities that are in
he air.
How is Ozone 1nanufac.tured ?
ozone, due to its instability, has a very short life-span. This means ozone naturally retlllllS to its origi nal form of oxygen. Ozone must be produced when, and where it is needed. The most popular method of producing ozone is by "corona discharge," which simply means generating a high voltage elec.trical field and passing air through it. Passing air through the corona convetts approximately 1-2% of the oxygen into ozone. Sonozaire uses the corona discharge method to manufaclllfe ozone.
Typical Configuration of Corona Discharge Ozone Generation Cell I l
ELECTRODE (METALLfCl
DIELECTRIC MATERIAL (GLASS)
HIGH Oxygen
i 9.,0 cg:i
Ozone
cg:i i VOLTAG E 0 2 0 Os
AC
ii
0 1 splits Single O au.aches
SOURCE 0 lOOlher02
In Air
i i o 9? i,:i
T ' ~ I
ELECTRODE (METALLIC)
I CORONA
How are the Sonoza ire units used to re1nove odors ?
Sonozaire models are ind11Strial ozone generators that are capable of high levels of ozone. These units do not use any chenlicals, operate unattended and need only occasional cleaning and maintenance. They contain elec.trical and electronic components to generate ozone, using only small amounts of elec.tricity. Ozone output is 100°/o adjllS!able to match the odor levels. Sonozaire units are built of heavy-duty alunlinmn construction.
They are ideal for applications that need high ozone levels to remove malodorous siniations such as garbage, fire and smoke, sewage, animals, decaying organic manet, chemicals, etc. Sonozaire units destroy odors, re tard bacterial growth and slinle production, and circulate the ozone allowing it to destroy the odor molecules.
Industrial ozone generators are designed to be used in uninhabited areas, or used at volumes that are linlited by OSHA or EPA regulations.
Revised 2.9.22
Item 1K - Page 35
C pt:i1Dins
I l
S c 1r11 a 1.z: SI ii r 1S® D ell c r N IS u t r SI 8 ii .z IS r )
Weatherproofing ancl Connections:
Weatherproofing: Used in outdoor applications. Involves several additional steps during manufacturing, including a control cover and filter screen, to provide water resistance.
Connections: Used in applica
tions where ozone is injected
into an enclosed area. Hardware
available includes flexible PVC
hose, 90 degree elbows, Y out
lets, flanges, hose clamps, and
detailer's nozzles.
-1..-l
Model 630A s.bcm,:i \\i th weuh.e.r•proof co\-a-on r cowrols, fle.xible bose, Y outlet, flanges, and bose clamps.
12-Hour Tinier: Optional for all
models. Times up to 12 hours
and has continuous on feature.
·-·--· ··--:.: :-::---:-' ,
- ' . .
' .
Ozone Sensors :
- Used to regulate ozone production to a breathable level . . I I . .
fro nt View
Aclclitional
Optio ns:
SOEl\il-1 Sensors
ln'Stalled inside the ozone machine when
ordered. Adjustable setting; from 0.03ppm
to 0.!Oppm. Extended Sensor Cords (3, 6,
12, 25ft) available to extend the sensor to a
specific location in a room.
SON0 3SENSOR SSl
Ozone sensor that can be used to
S\\~tch on/off any model. Simply
plug it into the wall outlet and plug
a Sonozaire into the rear of the
SONO3SENSOR.
- Portable Ozone Monitors
Sensor
\ l,
Rear View
- 220-240V 50hz and 60hz available on all Sonozaire Models. - High Perfonnance Transformers available for models I !SA, 330A, and 630A, to increase ozone output, and operate in high temperature locations.
Revised 2.9.22
Item 1K - Page 36
Garbage Co1npactors and Roo1ns
Sonozaire is the waste industry's solution to odor control for compactors and containers. Odors are not "perfumed" - they are destroyed!
/
•JJCIOP r !CMII: ~ s "en ltOC~ COtr,TJ!lC'mll
Detailing
Dry Cleaning , Restoration
and Carpet Cleaning
Restoration Rooms are used to remove odors
caused by fires, floods, or other disasters, from
clothing, furniture, drapes, rugs, etc. Sonozaire is
used to remove the odors from slllOke, lllOld,
mildew, chemicals, etc. associated v.~th disasters.
Ozone can be used to treat odors throughout the
damaged area, including air conditioning ducts.
Ozone removes odors deeply embedded in the
caipet.
Sonozaires are used to completely relllOve odors frOlll used cars, rentals, buses, trucks, limousines boats, planes, etc., caused by tobacco smoke, mildew, pets, spoiled food, chemicals, etc. /
HVACS)>tcm
TI.errnostat w/
@I Blow« "ON"
Flexible Hose
Air Qualit y in Large Areas
Air quality can be improved using Sonozaire Odor Neutralizers.
They can be installed to clean,;e the air of impurities and staleness, and eliminate tobacco smoke, process odors, etc. They can be in stalled with ozone or VOC monitors to control the level of ozone, or level of odors.
Cleaning Manage1nent
Ozone is used to destroy odors in offices, homes, restroolllS and locker-roonJS. It can also be used in buildings, hotellmotel roolllS, rental property, apartments, condos and real estate .. Sonozaire produces ozone to eliminate odors of tobacco, anin!als, lllOld, mildew, paint, etc.
Revised 2.9.22
Item 1K - Page 37
S c 1r11 IClt .z e ii rr-a® D d c rr- N a u 11: rr-e B ii .z a rr Sonozaire Odor Neutralizers produce ozone electronically from oxygen in the air. Ozone is an activated fom1 of oxygen that oxidizes odor molecules and reduces them to odorless compounds. They are used in numer ous applications to control and destroy organic odors. All Sonozaire models have an adjustable ozone output level to allow maximum output for short treatments, lower levels for longer treatments or continuous use.
These models are designed for use in uninhabited locations, unless used with control methods to limit the ozone level to OSHA or EPA limits. Please contact us for applications and selections in other cases to meet your requirements. Use the chart below to select the Sonozaire Model that fits your needs. For distributor locations or more technical infollllation, please contact us by phone, fax or e-mail. 105A U SA 330A 630A
~ 1
--
~1:4~
-~ 1 ~-
•.
• • ,._ I,.
----
• .. • • >: --
Optional equip ment to enhance the Sonozaire , sue:h as 220V conversions, we.atherproofing, flexible hose, flanges, -Y" out!eh, elbows, clamps, wall hanger kits, timen , ozone sensors and others are available.
Applications Measure 105A 115A 330A 630A
Compactor/Container (cu yards) Oto 4 4 to 8 8 to 30 30 to SO annrox volume (cu meters) Oto 3 Oto 6 6 to 23 23 to 38
Restoration Chamber (cu feet) 800 1,700 7,500 15,000
3"-" rox volume lcu meters) 23 48 210 420
On Site Restora tion (cu feet) 1,000 to 5,000 2 ,500 to 15,000 6,000 to 150,000 15,000 to 750,000 annrox volume (cu meters) 28 to 142 70 to 425 170 to 4 250 425 to 21 240 Cabi net
Approx Dimensions (LxHxO) 13x11x7 22x20x7.5 2 4x27x14 36x27x14 (LxHxD cm) 33x28x17 56x51x19 61x69x36 9 1x69x36
Weight (lbs) 9 32 58 85
lko l 4 14.5 26.3 38.6
Equipment Specificat ions
Electrical Power (watts ) 40 70 125 260
Blower Air Volume@ 0" SP
at60hz (elm) 16 60 60 100
at SOhz (cu m hr) 13 86 86 141
Equipment is designed for t 15 volt 50/60 hz, 1 ph {Optional 220-240 vott, 50/60 hz. t ph) AC. Sonoz.lire Odor Neutralizers are ind ustrial ozone aenerators desianed to be utilized in uninhabited Meas or in volumes limited bv O SHA r""" ulations.
Auto Detailing Hott>l/1\fott>l Residential (Home Use)
10$.-\ or l H .-\ 10$.-\ l Of.-\
CB&I Howe-Baker Souozaire Di,ision 3102 E f ifth St, Tyler, TX 75701 •(800) 323-2115 •fa.'( (903) 581-6178
• Em..1il.: [email protected] • \Ve.bsite: \ll\llW.sonozaire .. com
Revised 2.9.22
Item 1K - Page 38
S o no.ze 8re® Dd Dr N eu11:r e 8! .zer
Uses:
- Fire/Smoke, Disaster
Restoration, Carpet Oeaning
- Garbage Compactors and
Garbage Rooms
- Bacteria, Mildew, Germs
- Tobacco Odors
- Pet/ Animal Odors
- Dry Oeaning and Restoration
- Air Quality in Large Areas
- Iktailing, Used Cars, Trucks,
Rentals, Bnses, etc
-Offices, Homes, Buildings
- Restanrants, Bars, Food
Storage, Meat Lockers
- Restrooms, Locker-rooms
- Sewage Plants, Rendering
Plants, Processing Plants, etc.
- Almost any organic odor
~ ~ mdl~ ., .... ,,,,.
CB&! Howe-Bake,· Souozaire Di,ision 3 I 02 E Fifth St, Tyler, TX 75701 •(800) 323-2115 •fa.'( (903) 581-6178
• Em.ii1: [email protected] • We.bsite: \1/\1/w.sonozaire.com
Revised 2.9.22
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1K - Page 39
Revised 2.9.22
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries agains t persons or damages to property resulting from Contractor’s performance und er this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its execution of this Agreement.
Contractor shall also carry workers’ compen sation i nsurance in accordance with Cal ifornia workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , incl uding any extensions. Such ins urance shall not be ca ncelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officer s, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorse ments evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. M inimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:
1. Comprehensive general liability and persona l injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability ins urance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___X____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one mil lion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contr actor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, empl oyees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contri bute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1K - Page 40
Revised 2.9.22
contribution it may have again st City, its elected offici als, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this A greement to cover claims made within th ree years of the completion of Contractor ’s services under this Agreement, or (2) to maintain professional liability insurance coverag e with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agr eement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M . Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, inc luding additional insured e ndorsements, affecting all of the coverages required by this Ag reement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to requir e Contractor’s insurers to provi de complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required f or Errors a nd Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an approved Additiona l Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. " Should any of the above- described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the C ertificate Holder named." Language such as, “end eavor to” mail and "but failure to mail su ch notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
Item 1K - Page 41
Revised 2.9.22
D. Both the Workers’ Compensation and E mployers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insura nce and endorsements are to be r eceived and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self -Insured Retentions. Any deductibl es or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers ; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and def ense expenses.
Certificates of I nsurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.
8. Severability of Interests (Separat ion of Insu reds). This insuranc e applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1K - Page 42
Revised 2.9.22
Exhibit D
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description Page No.
FAA - 01 Access to Records and Reports 18
FAA - 02 Affirmative Action Requirement * 19
FAA – 03 Breach of Contract 20
FAA – 04 Buy American Preferences * 21
FAA – 05 Civil Rights General 22
FAA – 06 Civil Rights – Title VI Assurances * 23
FAA – 07 Clean Air/Water Pollution Control 26
FAA – 08 Contract Work Hours and Safety Standards 27
FAA – 09 Copeland Anti-Kickback 28
FAA – 10 Davis Bacon Requirements 29
FAA – 11 Debarment and Suspension * 30
FAA – 12 Disadvantaged Business Enterprise * 31
FAA – 13 Distracted Driving 32
FAA – 14 Energy Conservation Requirements 33
FAA – 15 Drug Free Workplace (not applicable to Contractors) 34 FAA – 16 Equal Employment Opportunity 35
FAA – 17 Federal Fair Labor Standards Act * 42
FAA – 18 Lobbying Federal Employees 43
FAA – 19 Prohibition of Segregated Facilities 44
FAA – 20 Occupational Safety and Health Act 45
FAA - 21 Procurement of Recovered Materials 46
FAA – 22 Rights to Inventions 47
FAA – 23 Seismic Safety 48
FAA – 24 Tax Delinquency and Felony Conviction 49
FAA – 25 Termination of Contract 50
FAA – 26 Trade Restriction (Foreign) * 51
FAA – 27 Veteran’s Preference 53
*Solicitation Clause also
Item 1K - Page 43
Revised 2.9.22
FAA - 01 Access to Records and Reports
The Supplier must maintain an acceptable cost accoun ting system. The Supplier agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Supplier which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Supplier agrees to maintain all books, records and reports required under this contract for a period of not less than three ye ars after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.333, 2 CFR § 200.336, FAA Order 5100.38 Item 1K - Page 44
Revised 2.9.22
FAA - 02 Affirmative Action Requirement
Not applicable.
Item 1K - Page 45
Revised 2.9.22
FAA – 03 Breach of Contract
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
Item 1K - Page 46
Revised 2.9.22
FAA – 04 Buy A merican Preferences
The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects be produc ed in the United States. Specific Buy American requirements will be outline in the solicitation documents. If no requirements are found in the solicitation this clause if void.
Reference: Title 49 USC § 50101
Item 1K - Page 47
Revised 2.9.22
FAA – 05 Civil Rights General
The Supplier agrees to comply with pertinent statutes, E xecutive Orders and s uch rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the Supplier and subcontractors from the bid solicitation period th rough the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
Item 1K - Page 48
Revised 2.9.22
FAA – 06 Civil Rights – Title VI Assurances
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Supplier , for itself, its assignees, and successors in interest (hereinafter referred to as the “Supplier”), agrees as follows:
1. Compliance wi th Regulations: The Supplier (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by referenc e and made a part of this contract.
2. Nondiscrimination: The Supplier , with regard to the wo rk performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Supplier will not par ticipate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers a ny activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Supplier for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Supplier of the Supplier’s obligations under this contract and the Nondiscrimination Ac ts and Authorities on the grounds of race, color, or national origin.
4. Information and Repo rts: The Supplier will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of inform ation, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.
Where any in formation required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Supplier will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will s et forth what effort s it has made to obtain the information.
5. Sanctions for Noncompli ance: In the event of a Supplier ’s noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the F ederal Aviation Administration may determine to be appr opriate, including, but not limited to:
a. Withholding payments to the Supplier under the contract until the Supplier complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
Item 1K - Page 49
Revised 2.9.22
6. Incorporation of Provisions: The Supplier will include the provisions of paragrap hs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives i ssued pursuant thereto. The Supplier will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Supplier becomes involved in, or is threatened with litigation by a subcontractor , or supplier because of such direction, the Supplier may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Supplier may request the United States to enter into the litigation to protect the interests of the United States.
A6.4.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the perform ance of this contract, the Supplier , for i tself, its assignees, and succes sors in interest (hereinafter referred to as the “Supplier ”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non- discrimination in Federally -assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (bro adened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the def inition of the ter ms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americ ans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC Item 1K - Page 50
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§§ 12131 – 12189) as implemented by U.S. Department of Transportation r egulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address E nvironmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproport ionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discr imination includes discrimination because of limited English pr oficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
If the Agreement ex ceeds $150,000, Supplier agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740- 7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387 ). The Supplier agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Supplier must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G)
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FAA – 08 Contract Work Hours and Safety Standards
Not applicable.
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FAA – 09 Copeland Anti-Kickback
Not applicable.
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FAA – 10 Davis Bacon Requirements
Not applicable.
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FAA – 11 Debarment and Suspension
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Supplier must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Supplier, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier part icipant of a “covered transaction” unde r the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Supplier will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction wi th the lower tier contract.
If the Federal Aviation Admi nistration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered tr ansaction, the FAA m ay pursue any availab le remedies, including suspension a nd debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 Item 1K - Page 56
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FAA – 12 Disadvantaged Business Enterprise
Contract Assurance (§ 26.13) –
The Supplier or subcontractor shall not discriminate on the basis o f race, color, national origin, or sex in the performance of this contract. The Supplier shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation- assisted contracts. Failure by the Supplier t o carry out these requirements i s a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payment s;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Supplier from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each s ubcontractor under t his prime contract for satisfactory performance of its contract no later t han [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contracto r agrees further to return retainage paymen ts to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.
Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DO T Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the City encourages the Supplier to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracte d drivers, including policies that ban text messaging while driving motor vehicles while perfor ming work activities associated with the project. The Supplier must include the substance of this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehi cle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Energy Conservation Requirements
Supplier and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the stat e energy conservation plan issue d in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).
Reference: 2 CFR § 200, Appendix II(H)
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FAA – 15 Drug Free Workplace Requirements
The Drug- Free Work place Act of 1988 requires some Fed eral co ntractors and all Federal grantees to agree that they will provide drug -free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contract ors, subcontractors, or subgrantees, although the Federal grant ees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
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FAA – 16 Equal Employment Opportunity
A16.3.1 EEO Contract Clause
During the performance of this contract, the Supplier agrees as follows:
(1) The Supplier will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Supplier will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national or igin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Supplier agrees to post in co nspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Supplier will, in all solicitations or advertisements for employees placed by or on beha lf of the Supplier, state that all qual ified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Supplier will send to each l abor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Supplier ’s commitments under this sect ion and shall post copies of the notice in conspicuous pla ces available to employees and applicants for employment.
(4) The Supplier will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Supplier will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit acce ss to his books, records, and accounts by the administering agency and the Secretary of Labor f or purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Supplier’s noncompliance with the nondiscr imination clauses of this contract or with any of the sa id rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Supplier may be declared ineligible for further Government contracts or federally a ssisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, re gulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Supplier will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase or der Item 1K - Page 61
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unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Supplier will take such action with res pect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or i s threatened with, l itigation with a subcontractor or vendor as a result of such direction by the administering agency the Supplier may request the United States to enter into such litigation to protect the interests of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Progra ms (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuba n, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable triba l affiliations through membership and participation or community identification).
2. Whenever the Supplier, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontra ct in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitation s from which this contract resulted.
3. If the Supplier is participating (pursuant to 41 CFR part 60- 4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an ass ociation, its affirmative action obligations on all work in the Plan area (including Item 1K - Page 62
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goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their pa rticipation in and compliance wi th the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not e xcuse any covered contractor’s or subcontractor’s failu re to take good faith efforts to achieve the Plan goals and timetables.
4. The Supplier shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are express ed as percentages of the total hours of employment and training of minority and female utilization the Supplier should reasonably be able to achieve in each cons truction trade in whi ch it has employees in the covered area. C overed construction contractors performing construction work in a geographical ar ea where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where th e work is being performed.
Goals are p ublished periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or f rom Federal procurement contracting officers. The Supplier is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failur e by a union with whom the Supplier has a collective bar gaining agreement to refer either minorities or women shall excuse the Supplier’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the non- working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Supplier during the training period and the Supplier shall have made a commitment to employ the apprentices and trai nees at the completion of their tra ining, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Supplier shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Supplier ’s compliance with these specifications shall be base d upon its effort to achieve maximum results from its actions. The Supplier shall document these efforts fully a nd shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Supplier’s employees are assigned to work. The Supplier, where possible, will assign two or more women to each construction project. The Supplier shall specifically ensure that all foremen, superintendents, and other onsite Item 1K - Page 63
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supervisory personnel are aware of and carry out the Supplier ’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sourc es and to community organizations when the Supplier or its unions have employment opport unities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names , addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for refe rral and was not referred back to the Supplier by the union or, if referred, not employed by the Supplier, this shall be documented in the file with the reason therefore along with whatever additional actions the Supplier may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Supplier has a collective bargaining agreement has not referred to the Supplier a minority person or female sent by the Supplier , or when the Supplier has other information that the union referral process has impeded the Supplier’s efforts to meet its obligations. e. Develop on-the- job training opportunities and/or participate in training programs for the area which express ly include minorities and women, including upgrading programs and apprenticeship and trainee pr ograms relevant to the Supplier ’s employment needs, especially those programs funded or approved by the Department of Labor. The Supplier shall provide notice of these programs to the sources compiled under 7b above. f. Di sseminate the Supplier ’s EEO pol icy by providing notice of the policy to unions a nd training programs and requesting their cooperation in assisting the Supplier in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these spe cifications with all employees having any responsibility for hi ring, assignment, layoff, termination, or other employment decisions, including s pecific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job si te. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate t he Supplier’s EEO po licy externally by including it in any advertising in the news media, specifically including minority and female news media , and providing written Item 1K - Page 64
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notification to and discussing the Supplier ’s EEO policy with other contractors and subcontractors with whom the Supplier does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Supplier ’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Supplier shall send written notification to organizations, such as th e above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at lea st of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory ef fect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Supplier ’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provi ded to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female constructio n contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Supplier’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or m ore of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Supplier is a member and par ticipant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Supplier actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Supplier ’s minori ty and female workforce participation, makes a good faith effort to meet its individual goals and Item 1K - Page 65
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timetables, and can provide access to documentation whi ch demonstrates the effectiveness of actions taken on behalf of the Supplier . The obligation to comply, however, is the Supplier’s and failure of such a group to fulfill an obligation shall not be a defense for the Supplier’s noncompliance.
9. A single goal for minorities and a separate singl e goal for women have been established.
The Supplier, however, is required to provide equal employment opportunity and to take affirmative action for all minorit y groups, both male and female, and all women, both minority and non- minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Supplier has achieved its goals for women generally), the Supplier may be in violation of the Executive Order if a specific minority group of women is underutilized.
10. The Supplier shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Supplier shall not e nter into any subcontract with a ny person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Supplier shall carry out such sanctions and penalties for violati on of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal C ontract Compliance Programs. Any contracto r who fai ls to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Supplier, in fulfilling its obligations under t hese specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. I f the Supplier fails to comply with the requirements of the Executive Or der, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Supplier shall designate a responsible official t o monitor all employm ent related activity to ensure that the co mpany EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each em ployee, the name, address, telephone number, construction trade, union a ffiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes i n status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requir ements Item 1K - Page 66
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for the hiring of local or other area residents ( e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
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FAA – 17 Federal Fair Labor Standards Act
The provisions of 29 CFR part 201, the Federal F air Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and p art-time workers.
The Supplier has full responsibility to monitor compliance to the referenced statute or regulation.
The Supplier must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq
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FAA – 18 Lobbying and Influencing Federal Employees
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified th at it will not and ha s not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal cont ract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award.
For an award ove r $100,00, the bidder or offeror certifies by signing a nd submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an of ficer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the e ntering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be pai d to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Fed eral contract, grant, loan, or coope rative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. • The undersigned shall require that the langua ge of this certification be included in the award documents for all sub-awards at all tiers (in cluding subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
Not applicable.
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FAA – 20 Occupational Safety and Health Act
All contracts and subcontrac ts that result from this solicitation incorporate by r eference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The emplo yer ret ains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). T he employer must address any claims or disputes that per tain to a referenced requirement direct ly with the U.S.
Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
Supplier and subcontractor agree to comply with Section 6002 of t he Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent pr acticable, the Supplier and subcontractors are to use products containing the highest percenta ge of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA -designated items is available at www.epa.gov/smm/c omprehensive- procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe provi ding for compliance w ith the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act Item 1K - Page 72
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FAA – 22 Rights to Inventions
Contracts or agreements that include the p erformance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Right s to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Supplier must include this requirement in all sub -tier contrac ts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR §401
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FAA - 23 Seismic Safety
Not applicable.
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FAA – 24 Tax Delinquency and Felony Conviction
The Supplier must have certified under the procurement process that resulted in the award of this contract that:
• Supplier has not been convicted of a Federal felony within the last 24 months; or • Supplier does not have any outstanding tax l iability for which all judic ial and administrative remedies have lapsed or been exhausted.
Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
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FAA – 25 Termination of Contract
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1K - Page 76
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FAA – 26 Foreign Trade Restriction
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Supplier certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the lis t of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fra udulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Supplier must provide immediate written notice to the City if the Supplier learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed cir cumstances. The Supplier must require subcontractors provide immediate written notice to the Supplier if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a for eign country included on the list of countries that disc riminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporate s in the public works project any product of a foreign c ountry on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this pr ovision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Supplier agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Supplier may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate Item 1K - Page 77
Revised 2.9.22
against U.S. firms as published by U STR, unless the Supplier has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Supplier or subcontractor knowingly rendered an erroneous certification, the Federal Aviat ion Adm inistration (FAA) may direct thr ough the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
Item 1K - Page 78
Revised 2.9.22
FAA – 27 Veteran’s Preference
In the employment of labor (excluding executive, administrative, and supervisory positions), the Supplier and all sub- tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans inc lude Vietnam -era veterans, Persian Gulf ve terans, Afghanistan- Iraq war vet erans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when the re are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Item 1K - Page 79
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1K - Page 80
Item 1K - Page 81
ATTACHMENT D
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS IFB 23-15
TRASH COMPACTORS
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
Item 1K - Page 82
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.
What if I Have Questions?
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.
OREGON
X In process
Item 1K - Page 83
1. 2.
3. Name of Entity
WL'nLO
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Address of Entity (Principal Place of Busi~ss)
2,..\\ }J( C.o~Jjk\,l~ ~\v I\?~,-+~
1 o<(Z_
Local or California Address (if different than #2)
17Lll
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? D Yes D No
5. Type of Entity
~ Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
b(l;\-+-" y t,(JL(( ~Officer D Director D Member D Manager [name] D General Partner D Limited Partner
[]Other
g,4~~11\ YL (rJil( 00-Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
PJ~ f,·V\ Y~f JJ( ~fficer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
Item 1K - Page 84
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
~t,~~L\\ ~rt.A+ loofo
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
8. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
si~losi~: ~::Jme, TI~I
Date
r zA 1-. 1 ( c..:L.
ft~~
Item 1K - Page 85
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership : 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
AUTHORIZE WAIVER OF CITY FEES TO HOCKER PRODUCTIONS FOR THE 2023 PALM SPRINGS HEALTH RUN & WELLNESS FESTIVAL AT RUTH HARDY PARK
RECOMMENDATION:
Authorize a waiver of City fees to Hocker Productions in the amount of $5,705 for support of the 2023 Palm Springs Health Run & Wellness Festival.
1. Authorize the Interim City Manager to execute all necessary documents.2.
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: AUTHORIZE WAIVER OF CITY FEES TO HOCKER PRODUCTIONS FOR THE 2023 PALM SPRINGS HEALTH RUN & WELLNESS FESTIVAL AT
RUTH HARDY PARK
FROM: Teresa Gallavan, Interim City Manager
BY: Jasmine Sullivan-Waits, Parks & Recreation Manager
SUMMARY:
Approval of this item will allow the waiver of City fees in the amount of $5,705 for the 2023 Palm Springs Health Run & Wellness Festival scheduled for January 28, 2023 at Ruth Hardy Park.
RECOMMENDATION:
1) Authorize a waiver of City fees to Hocker Productions in the amount of $5,705 for support of the 2023 Palm Springs Health Run & Wellness Festival.
2) Authorize the Interim City Manager to execute all necessary documents.
BACKGROUND:
Hocker Productions is a 501(c)(3) non -profit organization that strives to inspire and engage residents and visitors . Hocker Productions has produced events in the City of Palm Springs and the Coachella Valley for over two decades.
The Palm Springs Health Run & Wellness Festival is one of the largest events of its kind in Southern California. Since the event started over 10 years ago at Ruth Hardy Park, it has continued to grow annually in popularity and participation. For 2023, the event is scheduled for Saturday, January 28, from 8:00 a.m. – 1:00 p.m. and will be free to the public. The event will host a variety of health and fitness vendors, community partners, and local businesses. Event activities will include a 10K, 5K, and Fun Run for the youth.
Item 1L - Page 1
City Council Staff Report
January 26, 2023 -- Page 2
Palm Springs Health Run and Wellness Festival 2023
Additionally, the event will provide the following health services:
• Desert Oasis Health Care will have their new mobile unit to offer health screenings for blood pressure, body mass index (BMI) and glucose (Diabetes). • Desert Health Care District will have their new m obile unit to provide COVID and Flu shots.
• Eisenhower Health will provide first aid services for the event and free respiratory screenings.
• LifeStream Blood Bank will conduct a blood drive.
STAFF ANALYSIS:
The City of Palm Springs has partnered with Hocker Productions on a variety of events that benefit the City’s residents and visitors year -round. Support of this community - focused health and wellness event will allow Hocker Productions to maintain their commitment to healthy living and support of free community-based programs and events.
The Parks & Recreation Department is responsible for leading the comprehensive review of the City’s special events in accordance with input from t he Special Events Planning Team (SEPT). SEPT is committed to providing exciting, safe, and memorable events in the City of Palm Springs. The proposed 2023 Health Run & Wellness Festival was reviewed by SEPT and was approved to move forward. To support the event, SEPT required event notification to the surrounding businesses and neighborhoods; allocation of streets, maintenance, and police services to support the 10K and 5K portions of the event; and usage of the City’s mobile stage.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The requested action aligns with City Council priority 1 – Quality of Life.
FISCAL IMPACT
:
Hocker Productions seeks a waiver/sponsorship of the fees required to host the Palm Springs Health Run & Wellness Festival. Approval of this item will allocate the expenditure Item 1L - Page 2
City Council Staff Report
January 26, 2023 -- Page 3
Palm Springs Health Run and Wellness Festival 2023
of $5,705 to support the 2023 Palm Springs Health Run & Wellness Festival. The fee waiver breakdown is as follows.
Police Services $2,640.00
Streets Department $1,195.00
Park Rental Fee $304.00
Special Events Division $300.00
Stage Rental Fee $1,266.00
Total Fees $5,705.00
REVIEWED BY:
Department Manager: Jasmine Waits
Department Director: Yvonne Wise
Interim City Manager: Teresa Gallavan
Item 1L - Page 3
CITY COUNCIL STAFF REPORT
01/26/2023 CONSENT CALENDAR
SUBJECT:
APPROVE APPROPRIATION OF $405,000 FROM GENERAL FUND BALANCE TO
CODE COMPLIANCE DEPARTMENT FOR ABATEMENT SERVICES
RECOMMENDATION:
Approve appropriation of $405,000 from General Fund Balance to the Code Compliance Department for abatement services.
Attachments
Item 1M
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: APPROVE APP ROPRIATION OF $405,000 FROM GENERAL FUND
BALANCE TO CODE COMPLIANCE DEPARTMENT FOR ABATEMENT
SERVICES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Special Program Compliance
SUMMARY:
This action will appropriate $405,000 from General Fund Balance to the Code Compliance Department for abatement services.
RECOMMENDATION:
1. Approve appropriation of $405,000 from G eneral F und B alance to the C ode Compliance Department for abatement services.
BACKGROUND:
Code Compliance is responsible for code compliance and code enforcement within the City. Code Compliance Officers work to ensure that properties and structures within the City comply with all municipal, zoning, housing, and building codes . One function of the Code Compliance Department is to alleviate nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property.
These services are contracted out to vendors using the respective bid procurement process.
STAFF ANALYSIS:
There are currently three residential properties in the City of Palm Springs that Code Compliance is preparing to abate. Code Compliance worked with the City’s Procurement Department regarding the services needed and to obtain bids for services. Request for Bids estimate costs range from $50,000 to $135,000 per property and is varied depending on if asbestos remediation is needed.
Item 1M - Page 1
City Council Staff Report
January 26, 2023 -- Page 2
Appropriation Request for Code Compliance Abatement Services
Item
Num Section Description
Unit of
Measure Quantity
Resource
Environmental,
Inc.
1 Bid Group
1 Abatement of property per scope.
(NO Asbestos remediation) Lump Sum 1 $50,000.00
2 Bid Group
2 Abatement of property per scope.
(includes Asbestos remediation) Lump Sum 1 $135,000.00
The costs for abatement services w ere not previously budgeted for Code Compliance; therefore, an appropriation of funds is needed to proceed.
Code Compliance investigates properties with municipal code violations and attempt s to obtain compliance with the property owner. However, if an owner fails to correct the violation(s), a code case is opened and when necessary , court intervention is sought to obtain an abatement order to resolve serious violations. This appropriation will allow Code Compliance to proceed with the court ordered abatement of nuisance properties in the time prescribed by the Court.
ENVIRONMENTAL ASSESSMENT
:
N/A.
FISCAL IMPACT
:
Approval of this action will appropriate $405,000 from General Fund Balance to the Code Compliance Contractual Services Account 1001046-40125.
REVIEWED BY:
Department Director: Veronica Goedhart
Interim City Manager: Teresa Gallavan
Item 1M - Page 2
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPROVE AGREEMENT NO. 23B003 WITH MOORE FENCE COMPANY, INC.
FOR ON-CALL FENCE REPAIR AND INSTALLATION SERVICES
RECOMMENDATION:
Approve contract services agreement No. 23B003 with Moore Fence Company, Inc. to provide on-call fence repair and installation services for an amount not to exceed $300,000 beginning February 1, 2023, through January 31, 2026, with two one-year extension options at the City’s sole discretion.
1. Authorize the Interim City Manager or designee to execute all necessary documents.
2. Attachments
Item 1N
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT NO. 23B003 WITH MOORE FENCE COMPANY, INC. FOR ON-CALL FENCE REPAIR AND INSTALLATION SERVICES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Maintenance and Facilities
SUMMARY:
This action will approve a three- year agreement with two one- year options with Moore Fence Company, Inc., for on-call fence repair and installation services in an amount not to exceed $300,000.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 23B003 (Attachment A) with Moore Fence Company, Inc. to provide on- call fence repair and installation services for an amount not to exceed $300,000 beginning February 1, 2023 through January 31, 2026, with two one-year extension options at the City’s sole discretion.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted on December 27, 2022, Moore Fence Company, Inc. is registered in the state of Nevada and California.
The owner is Scott Moore with 100% beneficial interest in entity.
STAFF ANALYSIS:
The contract with Moore Fence Company, Inc. is an on-call, as-needed type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.
An Invitation for Bids (IFB 23-16) was initiated by the City’s Procurement and Contracting Item 1N - Page 1
City Council Staff Report
January 26, 2023 -- Page 2
Award of On-Call Fence Services Contract
Department on December 4, 2022, based on the Department of Maintenance and Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. One bid was received by the December 27, 2022, deadline as follows:
Vendor Bid
Moore Fence Company, Inc. $119,289.00
Since only one bid was received, the pricing was analyzed by the Director of Maintenance and Facilities and compared to prices paid in the past for like work and was found to be fair and reasonable for the City. Maintenance and Facilities has used Moore Fence Company, Inc. in the past and has been satisfied with the services rendered.
The contract is for three years with two optional one- year renewals. Unit pricing is fixed for the first year and subject to a CPI increase in the following years. Staff rec ommends approval of Contract Services Agreement 23B003 with Moore Fence Company, Inc. for a three-year term in the amount not to exceed $300,000 effective February 1, 2023 through January 31, 2026, with two one-year extension options at the City’s sole discretion.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment , or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council priority 3A, Community Infrastructure – Improve City Facilities.
FISCAL IMPACT
:
Sufficient funds are budgeted and available in the current Fiscal Year 2022- 23 Facilities Maintenance Accounts 5206570-40105, 5206570-50105, and 5206570-50119.
Item 1N - Page 2
City Council Staff Report
January 26, 2023 -- Page 3
Award of On-Call Fence Services Contract
REVIEWED BY:
Department Director: David McAbee
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Agreement No. 23B003
B. Public Integrity Disclosure
Item 1N - Page 3
ATTACHMENT A
Item 1N - Page 4
Revised 2.9.22 Page 1 of 19
CONTRACT SERVICES AGREEMENT 23B003
ON-CALL FENCE REPAIR AND INSTALLATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on February 1, 2023, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and MOORE FENCE COMPANY, INC. , a Nevada corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified contractor to provide the City with on-call fence repair and installation services, (“Project”).
B. Contractor has submitted to City a proposal to provide on-call fence re pair and installation services, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in co nsideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of car e and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently pract icing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law . Contract or sha ll comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regul ations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
Item 1N - Page 5
Revised 2.9.22 Page 2 of 19
1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the S ervices required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be perfor med and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Cont ractor to any additional compensation regardless of the P arty responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance wi th the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $300,000.00.
3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director . Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes . In the event any change or changes in the Services is reque sted by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not li mited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional servi ces not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of Ci ty for each fiscal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
Item 1N - Page 6
Revised 2.9.22 Page 3 of 19
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of perform ance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of S ervices to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Fo rce Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) order s of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the W ork); and (4) pandemics, epidemics or quarantine restriction s. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and or ders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the S ervices for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the P arties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of three years , commencing on issuance of Notice to P roceed, unless extended by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with o r without cause, upon thirty (3 0) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon re ceipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all S ervices rendered prior to receipt of the noti ce of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor , who shall be liable for the full cost of the City's c orrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
Item 1N - Page 7
Revised 2.9.22 Page 4 of 19
5. COORDINATION OF WORK
5.1 Representative of Contr actor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions i n its behalf with respect to the specified Services: Sco tt Moore (name), president (title). It i s expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the t erm of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the S ervices under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting o r Assignment . The experience, knowledge, education, capability, and reputation of Contractor , it s pr incipals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or en tity to perform any S ervices required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisio ns sti pulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any par t of this Agreement by City, Co ntractor shall be responsible to City for the acts and omissions of i ts subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its e mployees shall have any control over the manner, mode , or means by which Contractor , its agents or employees, perform the Services required, except as otherwis e specified . Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not lim ited to: social security taxe s, income tax withholding, unemployment insurance, and workers’ compens ation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the foll owing personnel Item 1N - Page 8
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without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
N ame: Title:
Scott Moore President
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et s eq., which require the payment of prevailing wage rates a nd the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “m aintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor a grees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemni fy and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upo n t he Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employme nt of apprentices (Labor Code Section 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Se ction 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors , as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor ’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers , employees, agents, and volunteers (collect ively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses Item 1N - Page 9
Revised 2.9.22 Page 6 of 19
including legal costs and attorney fees (collectively “Claims”), in cluding but not limited to Claims arising from injur ies to or d eath of persons (Contractor ’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law o r ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions , or willful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Cont ractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matter s indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’ s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be lim ited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor ’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 R eports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the S ervices required by this Agreement, or as the Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accu rate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices required by this Agreement and enable t he Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.
8.3 Ownership of Documents . All drawings, s pecifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor sha ll deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
Item 1N - Page 10
Revised 2.9.22 Page 7 of 19
8.4 Release of Documents . All dr awings, specifications, repor ts, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular busines s hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems neces sary to examine, copy, audit, and inspect all accounting books, records, work data, docum ents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordan ce with generally accepted accounting principles and shall clearly identify and make s uch items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and inte rpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim , or mat ter arising out of or in rela tion to this Agreement shall be instituted in the Superio r Cour t of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreemen t shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of ne gotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpret ation of this Agreement. The caption headings of the var ious sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver . No delay or omission in the exercis e of a ny right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unn ecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative . Except with resp ect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either P arty of one or more of such rights or r emedies shall not preclude the exercise by it, at the sam e or d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.
Item 1N - Page 11
Revised 2.9.22 Page 8 of 19
9.5 Legal Action. In addition to any other rights or remedies, either P arty may take legal action, in law or in equity, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as ma y be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Co ntractor, or any successor -in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any dir ect or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination . In connection with its per formance under this Agreement, Contractor shall not dis criminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration s tatus, cultural or linguistic characteristics, or ethn icity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure t hat applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; la yoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including wit hout limitation the provision of benefits, relating to no n- discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to th e other Party or any other person shall be in Item 1N - Page 12
Revised 2.9.22 Page 9 of 19
writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the ti me of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Moore Fence Company, Inc.
Attention: Scott Moore
280 E. 1st Street
Perris, CA 92570
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agre ement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phr ases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shal l not affect any of the remai ning phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. T he persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on be half of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
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11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item 1N - Page 14
Revised 2.9.22 Page 11 of 19
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MOORE FENCE COMPANY, INC.
IN WITNESS WHEREOF, t he Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No. _______
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1N - Page 15
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EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1N - Page 16
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1.1 Scope:
A. Contractor shall provide on-call fence repair and installation services (Work) on an as-requested basis. The scope of Work shall include, but is not limited to repair, maintenance, installation, rental, reset, remove and replace (new or temporary) fencing when requested by City. When replacing fencing, unless otherwise specified by the City, the Contractor shall replace the existing fence with a fence made of new materials placed in the same location.
B. Contractor s hall provide and install various types of fencing as requested by City to secure various structures and/or properties.
C. Contractor may be requested to provide such services at any time (24 hours a day, seven days a week).
D. Response times: Contractor must adhere to the following response times unless a separate schedule is agreed upon.
a. Repairs must be made within 72 hours of notifi cation by City b. Emergency repairs must be made within 24 hours of noti fication by City E. Con tractor shall work expeditiously and continuously on the project until all work is completed. Thereafter, the work will be inspected and approved by City personnel.
1.2 Insurance Requirements:
Contractor s
hall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.
1.3 License Requirement:
Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through
3.96 entitled Business Tax.
1.4 Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside- San Bernardino-Ontario Areas.
3. The City w ill only pay for the items listed on the bid form. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, t ravel, mileage, truck char ges, fuel charges , service call charges, parking, delivery, portal - to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.
1.5 Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract ) price. Cont ractor will be paid for th e Item 1N - Page 17
Revised 2.9.22 Page 14 of 19
actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line it ems on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is re ceived. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval.
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Item 1N - Page 19
ATTACHMENT F
BID FORM
INVITATION FOR BIDS IFB 23-16
ON-CALL FENCE REPAIR AND INSTALLATION SERVICES
Responding to this IFB for on~all fence repair and installation services, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications.
Bidder proposes and agrees to furnish all labor, equipment , materials, supervision, and service necessary to complete said Wor1< in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the· following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.
ESlilMATED UNIT PRICE SUBTOTAL
ITEM DESCRIPTION UNIT QUANTITY
1 Laborer Regular Billing Rate HR 300 149.75 44925.00
r7 :00AM - 5:00PM\
2 Laborer Overtime Billing Rate HR 100 175.64 17564.00
15-:00PM - 7:00AM\
3 Temoorarv Monthlv Fence Rental MO 36 50.00 1800.00
4 Parts and Materials (Enter your % 1.10 55000.00
mark-up for parts & materials)
Example for 10% enter 1.1 o; for % 50,000
20% enter 1.20; for 25% enter
1.25)
TOTAL 119289.00
•Note: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract value wi be se t the City budget amount.
Printed Name: __ _.S..,C..,O'"TT""-'M,..O= Oa.Ra:E...._ ____________ _ Title: PRESIDENT
Date: 12/20/22
Revised 2.9.22 Page 16 of 19
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1N - Page 20
Revised 2.9.22 Page 17 of 19
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall p rocure and maintain public liability and property damage insurance against all claims for injuries agains t persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and ma intain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its execution of this Agreement .
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , incl uding any extensions. Such insurance shall not be ca ncelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officer s, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorse ments evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. M inimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:
1. Comprehens ive general liability and personal injury with limits of at least one million dollar s ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of a t least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____X____ is not required;
4. Workers’ Compensation insurance in the statutory amount as requir ed by the State of California and Employer’s Liability Insurance with limits of at least one mil lion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contr actor’s insurance coverage shall be primar y with respe ct to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insur ance or self-insurance maintained by City and its respective elected officials, officers, empl oyees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability I nsurance only, the insurer shall waive all rights of subrogation and Item 1N - Page 21
Revised 2.9.22 Page 18 of 19
contribution it may have again st City, its elected officials, offic ers, employe es, agents, and volunteers.
4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years o f the completion of Cont ractor’s services under this Agreement, or (2) to maintain professional liability insurance coverag e with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’ s services under this Agreement. Co ntractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shal l be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M . Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, inc luding additional insured endorsement s, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work com mences. City reserves the right to require Contractor’s insurers to provide complete , certified copies of al l required insurance policies at any time. Additional insured endorsements are not required f or Errors a nd Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an approved Additional Insured E ndorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its off icials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. " This insurance is primary and non-contributory ov er any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. " Should any of the above- described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the C ertificate Holder named." Language such as, “end eavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon th e company, its agents or representative" is not acceptable and must be crossed out.
Item 1N - Page 22
Revised 2.9.22 Page 19 of 19
D. Both the Workers’ Compensation and Employers' Liability p olicies shall contain the insurer's waiver of subrogation in favor of City, its elect ed officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized a gent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agr eement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Co ntractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and def ense expenses.
Certificates of Insurance m ust include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.
8. Severability of Interests (Separat ion of Insu reds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1N - Page 23
ATTACHMENT B
Item 1N - Page 24
Item 1N - Page 25
ATTACHMENT D
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS IFB 23-16
ON-CALL FENCE REPAIR AND INSTALLATION SERVICES
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official ( or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
Item 1N - Page 26
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.
What if I Have Questions?
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.
Item 1N - Page 27
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
MOORE FENCE COMPANY INC
Address of Entity (Principal Place of Business)
280 E 1sr STREET , PERRIS CA 92570
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State NEVADA
If other than California , is the Entity also registered in California? [JX Yes D No Type of Entity
XO Corporat ion D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
SCOTT MOORE XO Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
other
JACOB MOORE XO Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
KEVIN MOORE XO Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
Item 1N - Page 28
7. Owners /Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
SCOTT MOORE 100% MOORE FENCE COMPANY
[name of owner /investor] [percentage of beneficial interest in entity and name of entity]
A.
[name of owner /investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
C.
[name of owner/investo r] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner /investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percen tage of beneficial interest in entity and name of entity)
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
e, Title Date
12/20/22
SCOTT MOORE , PRESIDENT
Item 1N - Page 29
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:
APPEAL BY 12 @ LAS PALMAS, LLC OF THE DECISION OF THE PLANNING
COMMISSION TO CONDITIONALLY APPROVE A CONDITIONAL USE PERMIT,
MAJOR DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO
CONSTRUCT A 12-UNIT MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424 CAMINO NORTE (CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416) RECOMMENDATION:
Open the hearing and receive public testimony.1.
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY 12 @
LAS PALMAS, LLC AND UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO APPROVE MAJOR DEVELOPMENT PERMIT,
CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP APPLICATIONS FOR THE CONSTRUCTION OF A NON-GATED, 12-UNIT MULTIPLE-FAMILY
RESIDENTIAL DEVELOPMENT CONSISTING OF FOR-SALE
CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424 CAMINO NORTE, CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416.”
2. Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: JANUARY 26, 2023 PUBLIC HEARING
SUBJECT: APPEAL BY 12 @ LAS PALMAS, LLC OF THE DECISION OF THE
PLANNING COMMISSION TO CONDITIONALLY APPROVE A
CONDITIONAL USE PERMIT, MAJOR DEVELOPMENT PERMIT AND
TENTATIVE TRACT MAP TO CONSTRUCT A 12 -UNIT MULTIPLE -
FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF FOR -SALE
CONDOMINIUMS ON A 0.95 -ACRE SITE LOCATED AT 1424 CAMINO NORTE (CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416)
FROM: Teresa Gallavan, Interim City Manager
BY: Planning Services Department
SUMMARY:
At its regular meeting of December 14, 2022, the Planning Commission conditionally approved three applications by 12 @ Las Palmas, LLC (“Applicant”) for the construction of a residential development consisting of twelve for-sale condominiums on a 0.95- acre site. The Applicant appealed this decision to the City Council and requests the removal of a condition related to the exclusion of vehicular entry gates for the project.
RECOMMENDATION:
1. Open the hearing and receive public testimony.
2. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY 12 @ LAS
PALMAS, LLC AND UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO APPROVE MAJOR DEVELOPMENT PERMIT, CONDITIONAL
USE PERMIT AND TENTATIVE TRACT MAP APPLICATIONS FOR THE CONSTRUCTION OF A NON-GATED, 12-UNIT MULTIPLE -FAMILY
RESIDENTIAL DEVELOPMENT CONSISTING OF FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424 CAMINO NORTE, CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416.”
BUSINESS PRINCIPAL DISCLOSURE:
The project Applicant is 12 @ Las Palmas, LLC. According to the public integrity disclosure form, there are three individuals associated with vested interest in this Item 2A - Page 1
City Council Staff Report
January 26, 2023 -- Page 2
12 @ Las Palmas Appeal
company or its subsidiaries: Dennis Cunningham, Andrea Cunningham, and Youkang Zhou. The disclosure form is attached to this report (Attachment E).
PROJECT DESCRIPTION AND APPEAL REQUEST:
The Applicant is proposing 12 multi-family condominium units consisting of approximately 28,997-square feet of living area on a 0.95- acre, undeveloped site. The dwellings are separated into two clusters – eight units front Palm Canyon Drive and four units are located on the southwesterly portion of the site. The units range from 2,200 square feet to 2,700 square feet in size and all units are provided with two covered parking spaces via garages. The units fronting Palm Canyon include detached accessory living spaces and Units 2 through 12 will include a third-floor open-air deck.
One vehicular entry to the project is proposed from Camino Norte and the Applicant seeks to install vehicular gates at this entry point. The Planning Commission imposed a condition prohibiting vehicular gates, based on an inability to make necessary findings in the Zoning Code. The Applicant has appealed this condition to City Council for reconsideration and provided findings in their justification letter, which is attached to this report (Attachment D) and discussed further on page 6.
BACKGROUND:
Most Recent Change of Ownership
06/07/22 Properties (APNs 505 -182-005 and 505 -182-007) transferred to current owner.
Neighborhood Notice
09/13/22 Affidavit of on-site sign posting submitted by applicant. 01/12/23
Notice of public hearing mailed to owners and residents within 500-feet of the site, notifying that the subject application would be considered by the Planning Commission at a public hearing on September 14, 2022.
01/12/23 Notice emailed to Neighborhood Organizations within one mile of the project site.
01/14/23
Notice of public hearing published in the local newspaper, notifying that the subject applications would be considered by the City Council at a public hearing on January 26, 2023.
Field Check
08/31/22 Site visit by the staff.
Existing Street Improvement Conditions
Street Name Travel Lanes Curb & Gutter Sidewalk
North Palm Canyon Drive Y Y Y
Camino Norte Y N N
Item 2A - Page 2
I
City Council Staff Report
January 26, 2023 -- Page 3
12 @ Las Palmas Appeal
DETAILS OF APPLICATION REQUEST:
Site Area
Gross Acres 0.95 Acres
Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Undeveloped/
Vacant
HDR (High Density
Residential) &
MU (Mixed/Multi-Use)
C-1 (Retail Business)
& R-2 (Limited
Multiple-family Res.)
North Undeveloped/
Vacant MU C-1 & R-2
South Offices MU C-1 & R-2
East Hotel (Skylark) MU C-1
West Single-family
Residential
ER (Estate
Residential)
R-1-A (Single-family
Residential)
General Plan Areas or Master Plan Areas Compliance
Mixed/Multi-Use Area (see pages 2-30 to 2-33 of Land Use Element) Y Special Purpose and Overlay Districts Compliance
“R” Resort Overlay Zone Y
DEVELOPMENT STANDARDS:
Pursuant to PSZC Section 92.12.03, the following standards apply to the C-1 zoned portion of the site (APN: 505-182-007, easterly half of project site):
Standard Required/
Allowed
Provided Compliance
Min. Lot Size 20,000 SF 41,268 SF Y
Min. Lot Width 100 Feet 172.5 Feet Y
Min. Lot Depth 150 Feet 282 Feet Y
Min. Setbacks
• Front
5 Feet
5 Feet
Y
Max. Building Height 30 Feet 30 Feet Y
Perimeter Wall Height
• North
• South
6 Feet
6 Feet
6 Feet
6 Feet
Y
Existing
Trash Enclosure Screened
6’ High (bin)
3’-6” High (cans)
Receptacles to be
located in garage
& screened from
view
Y
Mechanical Equipment Screened Y, on rooftop Y
Pursuant to PSZC Section 92.03.03, the following standards apply to the R-2 zoned portion of the site (APN: 505-182-005, westerly half of project site):
Item 2A - Page 3
I
City Council Staff Report
January 26, 2023 -- Page 4
12 @ Las Palmas Appeal
Standard Required/
Allowed
Provided Compliance
Min. Lot Size 20,000 SF 41,268 SF Y
Min. Lot Width 130 Feet 172.5 Feet Y
Min. Lot Depth 190 Feet 282 Feet Y
Min. Setbacks
• Front (Cam. Norte)
• Side (north)
• Side (south)
25 Feet
10 Feet, or equal
to bldg. height
when abutting
res. property
10 Feet
25 Feet
50 Feet
10 Feet
Y
Y
Y
Max. Lot Coverage 30% when
2-stories
30% Y
Min. Open Space 50% 50% Y
Max. Building Height 24 Feet 24 Feet Y
Perimeter Wall Height
• North
• South
• West
6 Feet
6 Feet
4.5 Feet or 6 Feet
if setback 5 Feet
Unknown
Y, conditioned to
comply
Trash Enclosure Screened
6’ High (bin)
3’-6” High (cans)
Receptacles to be
located in garage
& screened
Y
Mechanical Equipment Screened Y, on rooftop Y
Permitted Density Site Area Units Allowed Units
Proposed
Compliance
HDR, 15-30 Units/Acre
MU, 15 Units/Acre
0.6 Acres
0.35 Acres
9-18 Units
Up to 5 Units
Total: 9-23 Units
12 Units
Y
Pursuant to PSZC Section 93.06.00, the following parking standards apply:
Parking Requirement
Use Units Parking
Ratio
Required Provided
Comp. Reg. Handi-
cap Reg. Handi-
cap
3-bedrooms 11 Units 2.25/unit 25
4-bedrooms 1 Unit 3/unit 3
Guest 12 1/4 units 3
TOTAL SPACES REQUIRED 31 31* Y
Regular and Handicap Spaces Req. 29 2 29* 31 Y
* Four parking spaces are provided via driveways leading to the garages of Units 3 & 4.
Item 2A - Page 4
City Council Staff Report
January 26, 2023 -- Page 5
12 @ Las Palmas Appeal
STAFF ANALYSIS – PROJECT:
Site Plan:
The proposed site layout consists of eight dwellings along the easterly street frontage (Palm Canyon Drive) and four dwellings on the southwesterly portion of the property. The units along Palm Canyon Drive are three- stories located behind a one- story accessory living space that is separated from the main dwelling by a private yard area. These accessory living spaces are setback five feet from the front property line, as required by the development standards of the C -1 zone. Pedestrian access is provided from Palm Canyon to each individual unit, and a communal pedestrian access pathway is provided near the center of the frontage to the rear for all residents and their guests.
The other four dwellings are two-story structures and will include private yard spaces on the southerly and westerly portions of the site. These units are setback ten (10) feet from the south property line and twenty -five (25) feet from the westerly property line, as required by development standards of the R-2 zone. Greater setback is provided from the northerly property line via the project’s driveway and landscape buffer. Vehicular access to the site and each unit’s garage space(s) is provided from Camino Monte.
Mass and Scale:
The development consists of one- , two- and three-story buildings situated between an existing two-story office building to the south and a planned two-story affordable housing project to the north. The existing office building has a flat roof and is roughly twenty -six (26) feet in height above finished floor (549.5’). The proposed affordable housing project will involve a series of low-slung angled roofs ranging from twenty-two (22) feet to thirty- four (34) feet in height above finished floor (558.5’). All properties include or will include buildings close to the street and raised planters.
The proposed project includes one-story buildings along the street edge and three-story buildings behind, creating stepped massing along its most visible frontage. The one-story buildings are folded- plate roofs reaching fifteen (15) feet in height and the three- story buildings will be flat roofs at thirty (30) feet in height above finished floors (552.1‘–553.9’).
The two-story buildings on the westerly portion of the site are flat roofs at twenty-four (24) feet in height above finished floor (553.5’ –554.7’). The project plans (Persp ectives and Elevations) demonstrate that the building massing and scale will be compatible with the existing and proposed massing/scale of development along the Palm Canyon corridor and abutting developments.
Buffers and Open Space:
The site will include landscape buffers on all sides of the project. A continuous landscape buffer that is five feet in width is proposed on the interior property lines. Raised planters with ornamental grasses will extend along the Palm Canyon Drive frontage. The westerly frontage, along Camino Norte, will include a five-foot wide landscape buffer, block wall Item 2A - Page 5
City Council Staff Report
January 26, 2023 -- Page 6
12 @ Las Palmas Appeal
and vehicular entry gate. The entry gate is the subject of this appeal.
STAFF ANALYSIS – APPEAL:
In accordance with the appropriate procedure, the project Applicant filed a timely appeal of the Planning Commission’s decision to conditionally approve the project and exclude the installation of restricted access via vehicular gates (Condition #PLN 13).
For any development project, the Commission has discretion to allow or deny vehicular access gates under Section 93.05.00 of the Zoning Code. In this case, the Commission evaluated General Plan policy in the Community Design Element (CD 14.6) and the vehicular access standards in PSZC Section 93.05.00(E):
CD14.6 – Prohibit gated community entries and perimeter walls around entire neighborhoods. Instead, provide privacy through design features such as meandering streets, ample landscaping, and house placement that provides privacy and exclusivity.
93.05.00 Vehicular Access.
E. Controlled Access.
Controlled access is discouraged. Controlled access to developments shall only be approved by the Planning Commission where the applicant can establish that the development will be significantly impacted by unauthorized parking from adjacent uses or traffic impacts from adjacent uses beyond the design capacity of the internal streets, and will not negatively impact unauthorized parking, traffic, or public safety at adjacent uses. When considering applications for controlled access, the Planning Commission shall evaluate the use of parking restrictions or traffic calming measures first as an alternative to controlled access. Where controlled access to a development is proposed by the use of guardhouses, gates or other similar controls, the design of such access shall incorporate such features as service and emergency access, on-site turn-around, relevant signing, or other similar features as may be required by the Planning Commission. (bold emphasis added)
In their letter, the A pplicant describes an argument in favor of the criteria necessary to grant approval of the gates based on the above:
(a) Severe impact of no gates on guest parkin
g. There are 3 guest parking
spots on the inside of the community. Unauthorized use of just one spot would reduce that parking by one- third. The adjacent landowner to the south has already been impacted by unauthorized parking ( see letter from adjacent property owner).
(b) Severe impact of no gates on internal traffic. Since the internal street is essentially no more than a 150-foot private driveway with hammer-head Item 2A - Page 6
City Council Staff Report
January 26, 2023 -- Page 7
12 @ Las Palmas Appeal
turn-around and no secondary exit, any errant traffic from the adjacent community will create driveway congestion.
(c) No negative impact on outside traffic. The internal street is, essentially, a 150- foot private driveway. Gating will not cut off any potential thru traffic, nor will it cause any additional on- street parking affecting the neighborhood outside of the gates.
The Planning Commission was unable to determine that there would be impacts to the project from unauthorized parking from adjacent uses or traffic impacts from adjacent uses beyond the design capacity of the internal streets. During deliberation, s ome Commissioners refuted the above argument, noting the way to minimize impacts to a limited amount of guest parking is to provide more parking on- site than the minimum required. Consequently, the Planning Commission approved the project with Condition #PLN 13, which states the entry gate shall be removed from the plans and the development shall remain ungated.
FINDINGS:
The findings for approval of the Major Development Permit, Conditional Use Permit and Tentative Tract Map applications are included in the attached resolution and would not be impacted by the subject appeal.
ENVIRONMENTAL ASSESSMENT
:
The proposed development is a project as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. However, the project is categorically exempt from further CEQA review as the proposal meets the criteria established in Section 15332 (Class 32 – “In-Fill Development Project”) of the California Environmental Quality Act (CEQA) Guidelines. The following analysis supports this determination:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
The General Plan Land Use map designates the site as Mixed Use/Multi-Use (MU) on its westerly half and High Density Residential (HDR) on its easterly half. The Land Use Element permits multi-family residential development in these designations with a density of up to 15 units per acre in the MU designation and 15 to 30 units per acre in the HDR designation. Thus, the 0. 95-acre site permits a density range of 9- 23 units and the proposed project is 12 multi -family residential condominiums. The project complies with the development standards as analyzed in this report.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
Item 2A - Page 7
City Council Staff Report
January 26, 2023 -- Page 8
12 @ Las Palmas Appeal
The project occurs within the City of Palm Springs limits on a 0.95-acre site. The property is immediately surrounded by an office building and residential development.
(c) The project site has no value as habitat for endangered, rare, or threatened species.
The site is located within the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), but not located within a defined conservation area. Therefore, the site has no value as habitat for endangered, rare, or threatened species, and the project will be subject to the Local Development Mitigation Fee.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
There will be nominal increases to vehicles miles travelled (VMT) and traffic as a result of the project. As a 12-unit residential condominium development, the project generates less than 110 daily vehicle trips and will not result in any significant impacts on VMT, according to the City’s Traffic Impact Analysis Guidelines. The traffic increases will not impact levels of service to the surrounding roadway network, nor generate significant effects to air quality as a result.
Like all development projects, the project will comply with the City’s limitation on construction hours, which will minimize hours of short-term noise impacts. The long-term operational noise must also comply with the City’s noise ordinance. As a result of these measures, the project will not result in any significant noise effects.
The development is required to connect to the sanitary sewer system, resulting in the diversion of all wastewater to the City’s central treatment facility. The project is also conditioned to submit a Water Quality Management Plan to address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff. These standard requirements will ensure no significant effects to water quality.
(e) The site can be adequately served by all required utilities and public services.
The site is located in an area that is serviced by all required utilities, including electricity, gas, water, and sanitary sewer. Similar to other adjacent developments, the project site will also be adequately provided with the necessary public services, such as police, fire, and trash pickup.
CONCLUSION:
While the Planning Commission approved the project, the Applicant appealed this decision to City Council for reconsideration of a project condition relative to the exclusion of vehicular entry gates. The Commission considered the applicant’s argument and ultimately disagreed with their findings, determining that the necessary findings were Item 2A - Page 8
City Council Staff Report
January 26, 2023 -- Page 9
12 @ Las Palmas Appeal
unable to be made to allow vehicle gates. A draft resolution rejecting the appeal and upholding the Planning Commission’s approval decision is included as an attachment to this report (Attachment C).
REVIEWED BY:
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Vicinity Map
B. Aerial Map
C. Draft Resolution
D. Justification Letter
E. Public Integrity Disclosure Form
F. Site Photographs
G. Public Comments
H. Architectural Plans & Tentative Tract Map
Item 2A - Page 9
ATTACHMENT A
Item 2A - Page 10
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
Case #: 5.1554 CUP, TTM 38416 & 3.4289 MAJ
Address: 1424 Camino Norte
Item 2A - Page 11
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Item 2A - Page 12
Depar
tment of Planning Services
Aerial Map
CITY OF PALM SPRINGS
Case #: 5.1554 CUP, TTM 38416 & 3.4289
MAJ Address: 1424 Camino Norte
Item 2A - Page 13
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ATTACHMENT C
Item 2A - Page 14
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL
BY 12 @ LAS PALMAS LLC AND UPHOLDING THE
DECISION OF PLANNING COMMISSION TO APPROVE
MAJOR DEVELOPMENT PERMIT, CONDITIO NAL US E
PERMIT AND TENTATIVE TRACT MAP APPLICATIONS
FOR THE CONSTRUCTION OF A NON-GATED, 12 -UNIT
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT
CONSISTING OF FOR-SALE CONDOMINIUMS ON A 0.95 -
ACRE SITE LOCATED AT 1424 CAMINO NORTE , CASE
NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. 12 @ Las Palmas LLC (“Applicant” and “Appellant”) filed an appeal, pursuant to Chapter 2.05 of the Municipal Code, of the Planning Commission’s December 14, 20 22 decision to conditionally approve a Major Development Permit ( Case 3.4289 MAJ/DP), Conditional Use Permit ( Case 5.1554 CUP) and Tentative Tract Map ( Case TTM 38416) for the construction of a residential development consisting of twelve for -sale condominiums on a 0.95- acre site l ocated between Camino Norte and North Palm Canyon Drive, west of the intersection of North Palm Canyon Drive and Camino Monte Vista, addressed at 1424 Camino Norte, Zones C-1 and R-2 (“Project”).
B. On December 14, 20 22, the Planning Commission of the City of Palm S prings, California, held a public hearing that was notice d to consider the Project applications, Case Nos. 3.4389 MAJ/DP, 5.1554 CUP & TTM 38416, in accordance with applicable law, accepted public comments on the item, considered all evidence presented and unanimously approved Project application, subject to conditions . In cluded in th ese conditions, among others, was Condition of Approval No. PLN 13:
PLN 13. Entry Gate
. The entry gate shall be removed the plans and
the development shall remain ungated.
C. O n December 21, 202 2, the Applicant filed an appeal of the Planning Commission’s decision seeking the removal of Condition of Appr oval No . PLN 1 3 in accordance with Chapter 2.05 of the PSMC . In their appeal letter , the Appellant stated the grounds for his appeal as follows:
(a) Severe impact of no gates on guest parkin g. There are 3 guest parking spots on the inside of the community. Unauthorized use of just one spot would reduce that parking by one- third. The adjacent landowner to the south has already been impacted by unauthorized parking (see letter from adjacent property owner).
Item 2A - Page 15
City Council Resolution No. _____