HomeMy WebLinkAboutMND Dune Palms Widening CC 04 20 2010Ok �FO Y Qum&
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COUNCIL/RDAMEETING DATE: April 20, 2010 AGENDA CATEGORY:
ITEM TITLE: Consideration of a Resolution Certifying a BUSINESS SESSION:
Mitigated Negative Declaration of an Environmental
Impact and Associated Mitigation Monitoring Program CONSENT CALENDAR:
for Environmental Assessment 2010-609 Prepared for
the Dune Palms Road Widening Project; and a STUDY SESSION:
Professional Services Agreement with RBF Consulting
to Prepare the Plans, Specifications and Engineer's PUBLIC HEARING:
Estimate of Probable Construction Costs for the Dune
Palms Road Improvements, Project No. 2009-04
RECOMMENDATION:
Adopt a Resolution certifying a mitigated negative declaration of an environmental
impact and associated mitigation monitoring program for Environmental Assessment
2010-609 prepared for the Dune Palms Road widening project; and approve a
Professional Services Agreement (PSA), in the amount not to exceed $110,294, with
RBF Consulting to prepare the plans, specifications and engineer's estimate (PS&E) for
the Dune Palms Road improvements, Project Number 2009-04.
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources:
RDA Project Area Number 2 Low/Mod Funds
Total Funding Available:
$1,812,199
$1,812,199
2�
The following is the anticipated project budget:
Administration:
$64,837
Design:
$129,674
Inspection/Testing/Survey:
$126,432
Construction:
$1,296, 743
Professional:
$64,837
Contingency:
$129,676
Total:
$1,812,195
As illustrated, adequate funding is available to support staffs recommendation.
CHARTER CITY IMPLICATIONS:
The project is funded with Redevelopment Agency (RDA) project area funding. As
such, the project will be bid as a prevailing wage improvement.
BACKGROUND AND OVERVIEW:
In 2007, the RDA began purchasing properties located at the northeast corner of Dune
Palms Road and Westward Ho for the purpose of developing affordable housing. The
final parcel was purchased by the RDA in 2010. The RDA site now comprises over five
acres, and the RDA is working on a conceptual plan for up to 100 new units affordable
to low- and/or moderate -income households at that site.
The proposed street improvements and road widening on Dune Palms Road are
necessary to implement the roadway improvements for this area that are recommended
in the City's General Plan. This portion of roadway is one of the few areas within the
City where the roadway has not been brought up to the General Plan standards. In
1969, as a condition to obtain a variance to increase the number of units at the Vista
Dunes Mobile Estates, the property owner dedicated the right of way for a 44-foot half
street. The owner was required to install improvements, including curb and gutter, but
never did so.
Today, the roadway is deficient. The 2002 General Plan Update designated the
roadway as a secondary arterial, which is to be two lanes in each direction. The
Coachella Valley Association of Governments (CVAG) counted approximately 9,400
daily trips per day in this area in 2008 which is a substantial increase over the 1,400
daily trips that existed as of 1998 when the General Plan traffic counts were taken.
Development in the area has created the need for the roadway improvement. The
w.. 278
additional trips that will be generated by the proposed RDA's housing project will
exasperate the need for these improvements. The improvements are also necessary to
address inadequate drainage, and to improve safety by the installation of curb, gutter,
and sidewalks. A site diagram is provided for the City Council's review as Attachment
1.
The proposed road improvements include the construction of a new, second northbound
lane on the east side of Dune Palms Road between Westward Ho Drive and the
Whitewater Channel. The proposed improvements will construct Dune Palms Road to
its general plan secondary arterial configuration and will include a new northbound
travel lane, curb, gutter and a 6-foot wide, curb -adjacent sidewalk. Completion of the
project will require relocating existing overhead power poles. The pole relocation will be
completed by the Imperial Irrigation District (IID). In addition, several units and/or site
improvements within the Dune Palms Mobile Estates are encroaching within the public
right of way and will require relocation prior to the construction of the street
improvements.
On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal
Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making
certain findings pursuant to Health and Safety Code Section 33445(a). The Dune
Palms Road improvements are included within the adopted CIP and scheduled for
funding during Fiscal Year 2009-2010.
On December 15, 2009, the City Council authorized staff to distribute a Request for
Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the
Dune Palms Road Improvements, Project 2009-04.
The City received fifteen (15) proposals on January 26, 2010. Following its evaluation
of the proposals, the consultant selection committee elected to interview five of the
fifteen firms. Following the interviews conducted on March 19, 2010, staff unanimously
recommends RBF Consulting be awarded a PSA (Attachment 2) to provide professional
engineering services for the Dune Palms Road improvements, Project 2009-04.
The Dune Palms Road improvements are subject to the California Environmental
Quality Act (CEQA). The City is the lead agency and approval authority for the CEQA
environmental document. An initial study/environmental assessment was conducted
and a Mitigated Negative Declaration (MND) has been prepared for the project and is
attached (Attachment 3) for the City Council's consideration.
The following is a summary of the findings of the attached MND:
1. The proposed project will not be detrimental to the health, safety, or general
welfare of the community, either indirectly, or directly, in that no significant
impacts or unmitigatable impacts were identified by Environmental Assessment
2010-609.
2. The proposed project will not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife population to
drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of rare or endangered plants
or animals or eliminate important examples of the major periods of California
history or prehistory. The property has not been identified as a habitat for any
endangered or threatened wildlife.
3. There is no evidence that the proposed project will have the potential for an
adverse effect on wildlife resources or the habitat on which the wildlife depends.
The property has not been identified as a habitat for any endangered or
threatened wildlife. Furthermore, landscaping will be installed which may provide
some habitat.
4. The proposed project does not have the potential to achieve short-term
environmental goals, to the disadvantage of long-term environmental goals, as
no significant effects on environmental factors have been identified by the
Environmental Assessment.
5. The proposed project will not result in impacts which are individually limited or
cumulatively considerable when considering planned or proposed development
in the immediate vicinity, as development patterns in the area will not be
significantly affected by the proposed project. If the project is approved as
proposed, is will be in compliance with the La Quinta General Plan and in
conformance with surrounding development.
6. The proposed project will not have environmental effects that will adversely affect
the human population, either directly or indirectly, as no significant impacts have
been identified which would affect human health, risk potential or public services.
7. There is no substantial evidence in light of the entire record that the project may
have a significant effect on the environment.
On April 14, 2010, City staff received one comment letter regarding the MND. The letter
is from the Peterson Law Group. John Peterson, the author of the letter, does not
identify his client, but from his comments it appears that he is representing Dune Palms
Mobile Estates. A copy of the letter is submitted as Attachment 4.
The Public Works Department and the City Traffic Engineer will address the matters
raised in the letter during their presentation on this matter. In summary, with regard to
the specific issues raised on page 2 of the letter, please note the following:
(1) The improved roadway will provide for a safer access point for vehicles to turn into
the Dune Palm Mobile Estates. The proposed new outside lane will be available for
such turns without interfering with the operation of the inside (existing) lane. Therefore
280
the additional lane will serve as an acceleration/deceleration lane which will help to
reduce rear end collisions. A shoulder will continue to exist adjacent to the outside lane.
(2) The distance between the proposed roadway and residences/pool is a standard
separation. The right of way was granted by the Owner of the Dune Palms Mobile
Estate for the purpose of the roadway widening in 1969. This was in exchange for the
variance granted for additional units at the Estate. However, it does appear that some
of the coaches and ancillary structures attached to the coaches encroach into the area
dedicated to the City.
(3) Projected vehicle trips in this segment of roadway in 2020 are estimated to be
approximately 19,000 vehicles per day which is well in excess of the capacity of a two
lane divided road. The traffic, air quality, and noise impact of that level of traffic were
studied in the City's 2002 General Plan EIR and found to be less than significant,
provided that the recommended roadway improvements were made.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution certifying a mitigated negative declaration of an
environmental impact and associated mitigation monitoring program for
Environmental Assessment 2010-609 prepared for the Dune Palms Road
widening project; and approve a PSA, in the amount not to exceed $110,294,
with RBF Consulting to prepare the PS&E for the Dune Palms Road
improvements, Project Number 2009-04; or
2. Do not adopt a Resolution certifying a mitigated negative declaration of an
environmental impact and associated mitigation monitoring program for
Environmental Assessment 2010-609 prepared for the Dune Palms Road
widening project; and do not approve a PSA, in the amount not to exceed
$110,294, with RBF Consulting to prepare the PS&E for the Dune Palms Road
improvements, Project Number 2009-04; or
3. Provide staff with alternative direction.
Respectfully submitted,
R
4mothy . on
Public Wo s ctor/City Engineer
281
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Site Diagram/Vicinity Map
2. Professional Services Agreement
3. Environmental Assessment 2010-609
4. Letter from Peterson Law Group
RESOLUTION NO. 2010-0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CERTIFING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
AND ASSOCIATED MITIGATION MONITORING PROGRAM
FOR ENVIRONMENTAL ASSESSMENT 2010-609
PREPARED FOR THE DUNE PALMS ROAD WIDENING
PROJECT
ENVIRONMENTAL ASSESSMENT 2010-609
APPLICANT: CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 20`h day of April, 2010, consider Environmental Assessment 2010-609 prepared
for the Dune Palms Road widening project generally located on Dune Palms Road
between Westward Ho Drive and the Whitewater Channel; and,
WHEREAS, said Environmental Assessment complies with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63), in that the Planning Director has conducted an
Initial Study (Environmental Assessment 2010-609) and has determined that although
the proposed Project could have a significant effect on the environment, there will not
be a significant effect in this case because mitigation measures for EA 2010-609
incorporated into the Project approval will mitigate or reduce any potential impacts to a
level of non -significance; and,
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons desiring to be heard, said City Council did find the
following facts, findings, and reasons to justify certification of said Environmental
Assessment:
1 . The proposed project will not be detrimental to the health, safety, or general
welfare of the community, either indirectly, or directly, in that no significant
impacts or unmitigatable impacts were identified by Environmental Assessment
2010-609.
2. The proposed project will not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife population to
drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of rare or endangered
plants or animals or eliminate important examples of the major periods of
California history or prehistory. The property has not been identified as a
habitat for any endangered or threatened wildlife.
w.. 23'
Resolution No. 2010-
Environmental Assessment 2010-609
City of La Quints
Adopted: April 20, 2010
Page 2 of 3
3. There is no evidence before the City that the proposed project will have the
potential for an adverse effect on wildlife resources or the habitat on which the
wildlife depends. The property has not been identified as a habitat for any
endangered or threatened wildlife. Furthermore, landscaping will be installed
which may provide some habitat.
4. The proposed project does not have the potential to achieve short-term
environmental goals, to the disadvantage of long-term environmental goals, as
no significant effects on environmental factors have been identified by the
Environmental Assessment.
5. The proposed project will not result in impacts which are individually limited or
cumulatively considerable when considering planned or proposed development
in the immediate vicinity, as development patterns in the area will not be
significantly affected by the proposed project. If the project is approved as
proposed, is will be in compliance with the La Quinta General Plan and in
conformance with surrounding development.
6. The proposed project will not have environmental effects that will adversely
affect the human population, either directly or indirectly, as no significant
impacts have been identified which would affect human health, risk potential or
public services.
7. There is no substantial evidence in light of the entire record that the project may
have a significant effect on the environment.
8. The City Council has considered Environmental Assessment 2010-609 and said
assessment reflects the independent judgment of the City.
9. The City has on the basis of substantial evidence, rebutted the presumption of
adverse effect set forth in 14 CAL Code Regulations 753.5(d).
10. The location and custodian of the City's records relating to this project is the
Planning Department located at 78-495 Calle Tampico, La Quinta, California.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
.. 266,
Resolution No. 2010-
Environmental Assessment 2010-609
City of La Quints
Adopted: April 20, 2010
Page 3 of 3
That the above recitations are true and correct and constitute the findings of
the City Council for this Environmental Assessment.
2. That the City Council certifies a Mitigated Negative Declaration of
environmental impact. Said determination is for the reasons set forth in this
resolution and as stated in the Environmental Assessment Checklist, attached
and on file in the Planning Department.
3. That Environmental Assessment 2010-609 reflects the independent judgment of
the City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 201h day of April, 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
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ATTACHMENT
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Dune Palms Road Widening
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266
ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and RBF Consulting ("Consultant"). The parties hereto agree
as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Dune Palms Road
Widening Improvements, Project No. 2006-04, as specified in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by this reference
(the "services" or "work"). Consultant warrants that all services will be performed
in a competent, professional and satisfactory manner in accordance with the
standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance -of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section
4.2 hereof).
Last revised 6-30-09 - 1 -..,, 287
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed One Hundred Ten Thousand, Two
Hundred Ninety -Four Dollars and Zero Cents ($110,294.00) (the "Contract Sum"),
except as provided in Section 1.6. The method of compensation set forth in the
Schedule of Compensation may include a lump sum payment upon completion,
payment in accordance with the percentage of completion of the services, payment
for time and materials based upon Consultant's rate schedule, but not exceeding
Last revised 1-19-10 - 2 -
r�... 2 U O
the Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
Last revised 1-19-10 - 3 -
O
3.4 Term. The term of this agreement shall commence on April 21, 2010
and terminate on April 20, 2011 (initial term). This agreement may be extended
for upon mutual agreement by both parties (extended term). Unless earlier
terminated in .accordance with Sections 7.7 or 7.8 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services,
except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a. Brad Mielke, S.E., P.E., Senior Vice President
b. Brad Donais, P.E., Vice President
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
P.E., Public Works Director/City Engineer, or designee, or such other person as may
be designated by the City Manager of City. It shall be Consultant's responsibility
to assure that the Contract Officer is kept informed of the progress of the
performance of the services and Consultant shall refer any decisions, which must
be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
Last revised 1-19-10 -4-
M.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant 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.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE AND INDEMNIFICATION.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured (on the general liability policy
only) shall be delivered to and approved by City prior to commencement of the
services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers
with A.M. Best ratings of no less than A -:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,O00 (per occurrence)
$2,000,O00 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Last revised 1-19-10 - 5 -
291
Workers' Compensation
(per statutory requirements)
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as
additional insured shall be delivered to and approved by City prior to
commencement of the services hereunder.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to City of proposed cancellation. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
Last revised 1-19-10 - 6 -
29"
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless City and any and all of its officials, employees and agents ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant
shall not be liable for any injuries or property damage resulting from the reuse of
the design at a location other than that specified in Exhibit C without the written
consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless City, and any and all of
its employees, officials and agents from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and consequential
damages, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
Last revised 1-19-10 - 7 -
29
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section
5.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, anyone directly or indirectly employed by them or
anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
Last revised 1-19-10 - 8 -
294
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
Last revised 1-19-10 - 9 -
ae.. 2 9 `3
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right ,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to City of any cancellation of coverage. Consultant agrees to require
its insurer to modify such certificates to delete any exculpatory wording stating
that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project that is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
Last revised 1-19-10 - 10 -
296
with subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to City, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
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297
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
Last revised 1-19-10 - 12 -
2g
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. 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.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
Last revised 1-19-10 - 13 -
ro... 29a
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 7.7.
7.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at 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, or to obtain any other remedy consistent
with the purposes of this Agreement.
Last revised 1-19-10 - 14 -
�. 300
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
Last revised 1-19-10 - 15 -
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
To Consultant:
RBF CONSULTING
Attention: Brad Mielke, S.E., P.E.
Senior Vice President
74-130 Country Club Drive, Suite 201
Palm Desert, CA 92260-1655
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
Last revised 1-19-10 - 16 -
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
Veronica J. Montecino, CMC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSULTANT: RBF CONSULTING
B
Name: Brad Mielke, S.E., P.E.
Title: Senior Vice President
Date: to yd/o
Last revised 1-19-10 - 17 -
Exhibit A
Scope of Services
Consultant's scope of work to related to Dune Palms Road Widening
Improvements, Project No. 2009-04 is attached and made a part of this agreement.
Last revised 6-30-09 18
Scope of Work Program
Task 1: Project Management. RBF will manage project duties for the duration of the
project in order to assure a cost-efficient, quality process. As the prime contractor, our staff
will provide a suite of disciplines to effectively coordinate and communicate leading to project
approval. Within this task, RBF will do the following:
• Prepare and maintain the quality control plan
• Prepare monthly project documentation and invoicing
• Prepare and maintain the project schedule for design approval activities
• Prepare and maintain utility coordination files and schedule. All utility coordination
and correspondence will be organized in a utility coordination binder.
RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This
budget assumes that the project design phase will take no more than 12 months. If this project
phase lasts longer, the budget for project management will be adjusted to accommodate
additional meetings, monthly documentation, etc.
Coordination with City of La Quinta. RBF will prepare for and attend monthly meetings with
the City of La Quinta and La Quinta RDA regarding the design processing, resolution of issues,
strategy development, etc. In addition, RBF will coordinate with the Environmental Consultant
hired by the City to prepare the CEQA clearance on the RDA site as well as for the proposed
street widening. This coordination will be critical in ensuring that the project design does not
exceed a 35% design prior to the acceptance and approval of the environmental document.
Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the
Project Development Team (PDT). RBF assumes ten (10) PDT and three (3) utility only
coordination meetings. Each utility will be met with individually and may be combined with
regularly scheduled PDT meetings.
Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings,
an agency scoping meeting, and direct contact. Concerns and issues expressed by agency
representatives will be documented in a database to ensure that expressed concerns are
recorded, communicated to the full PDT, and addressed. The following agencies are likely to be
among those included in the coordination effort: City of La Quinta, La Quinta RDA, CVWD,
IID, Time Warner, Gas Company and Verizon.
Deliverables:
Meeting Agendas& Minutes
Updated Schedules
Coordination with City and Interest Parties
Utility Correspondence Binder
Task 2: Topographic Base Mapping. RBF will provide field topographic survey to
collect existing features within the proposed widening section as indicated by the exhibit in the
RFP. The topographic data collection shall include, but not limited to, all features within the
F
a Dune Palms Road Improvements 0
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Scope of Work Program
ROW and beyond to locate any existing facilities, included at a minimum, any existing utility
manholes (manhole dip elevation for both storm drain and sewer), pullboxes, mail boxes,
landscaping, existing sidewalk, curb, driveways and any other features that may be affected
with the construction of a sidewalk. The limits of the topographic base mapping will extend to
150' west of the existing centerline of Dune Palms Road, 200' north of the intersection of
Westward Ho and to Highway 111 on the south limits of the project (topographic information
only from the centerline of the channel to Highway 111). As requested by City Staff, RBF will
obtain topographic and elevation information for the area from Dune Palms Road to Roudel
Lane, which covers both the existing RDA parcels as well as the full Dune Palm Mobile Estates
parcel.
Deliverables:
Topographic Base map
Utility Base map
Task 3: Base Mapping and Utility Coordination
Following the field data collection and processing, RBF will prepare a base map containing
additional information such as street right of way lines, parcel lines (including APN number,
owner name, business name and address), and underlying easements, if readily available
through recorded maps.
RBF will review existing utility information available from the City and contact utility owners
to identify major facilities located in the project area. This information will be shown on the
project base maps, and be used to determine significant impacts to facilities and the cost
estimates resulting from those impacts. With IID, RBF will coordinate with IID Staff with the
relocation immediately to the north of the channel, to position the relocated pole line to the east
outside of the proposed future bridge footprint in an effort to minimize the utility relocations
necessary for the bridge project.
Utility Information Requests and Coordination
Utility company information and contacts will be assembled and compiled in a matrix format.
An initial utility information request letter will be mailed and followed up with a phone call.
RBF will request information for existing and proposed improvements planned by the utility
owners in the project area. Dates of contacts, mailings and document receipts will be logged
into the matrix. A follow-up mailing will include sending copies of the Utility Base Map to the
utility owners, showing known utilities and requesting verification of existing facilities. RBF
will provide the necessary notifications via phone calls, email and letter to ensure that the utility
companies provide known facility information and are aware of all necessary relocation as a
result of the project. The relocation will also include anticipated relocations necessary for the
future bridge crossing of the Coachella Valley Stormwater Channel.
Utilities to be notified will include: electrical, gas, telephone, cable, water, and sewer.
K0 Dune Palms Road Improvenmats R
".•oi2c[ Nunth�,
Scope of Work Program
Utility Coordination Documentation
From the start of the project, all utility information including project contacts, correspondence
dates, meeting minutes and other coordination will be maintained in a three ring binder. The
first sheet on the inside cover will contain a matrix of each utility company, contact name, and
dates of milestone coordination efforts. A copy of the final utility coordination binder will be
provided to the City at the project bidding phase of the project.
Utility Potholine Exhibit and Field Data Collection
RBF will show the location of utilities to be potholed, if any, on the utility sheets and submit
the sheets to the City for verification and approval. Prior to initiating potholing activities, RBF
will prepare an exhibit showing the proposed locations for potholes. The exhibit will show the
RBF recommended number and locations for potholing to sufficiently identify known
underground utilities within the construction limits. RBF will collect pothole data based on the
City approved pothole location exhibit. All pothole information will be placed on the utility
base map for future use and reference. Depending on the final City Staff approved number of
potholes, potholing will be bill per each basis according to the fee proposal. For the purposes
of this proposal, RBF has assumed ten (10) pothole locations.
RBF will review record drawings and proposed future utility improvements as provided by the
Utility companies as mentioned above. This information will be placed on the utility base file.
Deliverables:
Parcel Base Map
Utility Base Map
Utility Coordination
Utility Correspondence Binder
Utility Pothole Exhibit
Utility Potholing Data Collection
Task 4: Initial Notification to California Fish and Game. RBF will submit an initial
notification to the California Fish and Game Department on the proposed slope reconstruction.
Fish and Game will then send out a "Operation by Law" letter clearing the project to perform
the proposed reconstruction improvements to the existing slope protection.
Deliverable:
Initial Notification Submittal
Coordination with Fish and Game
Task 5: Legal and Exhibits. As requested in the RFP, RBF will prepare the necessary
legal descriptions for the dedication of street right of ways within the project corridor. These
location currently include the dedication from the Desert Sands Unified School District for the
right of way along the western portion of Dune Palms Road between Westward Ho Drive and
the Whitewater Stormwater Channel, and the La Quinta Redevelopment Agency land on the
east side of Dune Palms Road directly to the south of Westward Ho Drive. Both of the legal
M
U Dune Palms Road Improvements 0
3.7
Scope of Work Program
descriptions will provide the necessary street right of way width per the City's General Plan
secondary arterial street configuration of 88 feet full width or 44 feet half width. RBF will
coordinate with and obtain a current title report from a title company for each parcel affected by
the proposed project. RBF will also prepare two grant deed documents for the transfer of the
land for the street right of way.
Deliverables:
Legal and Exhibit for School Site (one legal)
Legal and Exhibit to RDA Parcels (one legal)
Title Report for Each Project Parcel
Conveyance Documents (2)
Task 6: Right of Way Exhibit
RBF will prepare an exhibit for the use in coordinating the relocation of encroaching units
and/or improvements within the Dune Palms Mobile Estates. The exhibit will provide survey
accuracy in the location of the right of way lines as well as indicate probable encroachments
with the street right of way. The exhibit will be prepared at a scale of 1" = 40' and will be
presented on a 24" x 36" sheet. Based on this exhibit, RBF will provide a recommendation,
placed in a memo format, on prior rights determination.
Deliverables:
Right of way Exhibit for Mobile Estates
Prior Rights Determination Recommendation Memo
Task 7: Geotechnical Report. Assisting RBF with this task, Landmark Consultants will
conduct a field investigation, performing laboratory tests, and conducting analyses to develop
geotechnical parameters and recommendations for the design and construction of the proposed
roadway pavement.
Field Investi ag tion. The goals of this task are to document observations of subsurface
conditions and collect soil samples for laboratory testing. We propose to obtain 3 borings
staggered throughout the widening area for this task.
Large bulk samples will be collected for the near -surface soil. Relatively undisturbed and
disturbed samples will be collected at approximately 5-foot intervals. The California sampler
will be used alternating with the Standard Penetration Test (SPT) sampler. Three disturbed
samples from each of the two deep borings will also be collected for grain -size distribution;
results of the grain -size distribution will be used for scour analysis.
Laboratory Testing. The field boring logs will be reviewed and analyzed to select bulk and
undisturbed samples for laboratory testing. The tests will include but are not limited to in -situ
moisture and density, maximum dry density, San equivalent and R-value.
F
0 Dune Palms Road Improvements 0
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Scope of Work Program
Additional tests may be necessary depending on the subsurface conditions. All tests will be
conducted in general accordance with Caltrans Test Methods and/or ASTM Standards.
Report Preparation. We will provide one copy of the preliminary report and following review
and comments will submit four (4) hard copies and a PDF copy of the final report. The report
will include the boring logs, laboratory test data, geotechnical recommendations, subsurface
conditions, earthwork and grading recommendations and pavement design.
Deliverable:
Field Data Collection on Soil Conditions (Staggered locations throughout the widening section)
Geotechnical Report (I preliminary and 4 final copies)
PDF Copy of Final Report
Task 8: Street Improvement Plans. RBF will prepare roadway improvement plans
including a project title sheet, typical cross sections, construction details, horizontal alignment
layout plans, vertical alignment profiles, grading, drainage, and cross sections of the proposed
roadway improvements and submit to the Project Development Team for review and comment.
The plans will include notes and labels for the required perimeter block wall along the mobile
home estates site and notes for any manhole modifications to the existing sewer manhole
located at the northeast corner of the channel and Dune Palms Road. RBF does not anticipate
this manhole of sanitary sewer line will need to be relocated for the future bridge crossing.
Additionally, the existing water main in this area appears to be at the correct location
horizontally and vertically for the future bridge crossing, therefore no relocation plans for the
water main will be necessary at this time. This task includes the preparation of the following
plan sheets:
A. Project Title Sheet along with pertinent CIP construction notes and location
maps.
B. Typical Sections for the roadway at intervals that adequately represent
changes in roadway cross-section. The typical sections will identify existing
and proposed improvements.
C. Construction Details for items such as curb ramps, curb & gutter transitions,
and other items as necessary to provide the Contractor with adequate
information to properly construct the roadway.
D. Layout Plan and Vertical Profile Sheets for all roadway improvements. The
street layout plans will also include removals and grading requirements based
on the approved geometry. RBF is under the assumption that the City will
wish to slurry seal the full street width to eliminate the existing striping
pattern and provide a clean surface for the proposed striping layout. These
plan sheets will also show the locations of the proposed perimeter walls, per
the City of La Quinta Standard details.
a pone Palms Road Improvements D
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Scope of Work Program
E. Slope Protection Plan for the removal and replacement of the existing slope
protection located at the northeast corner of the Coachella Valley Stormwater
Channel and Dune Palms Road. These improvements will be shown on a
plan sheet in accordance with CVWD standards. The plan sheet will be
submitted to the City and CVWD for review and approvals.
F. Signing and Striping Plans for all necessary traffic signing and striping
along Dune Palms Road including the portion of street to the north of
Westward Ho Drive to remove the right turn only signs and pavement
markings. The plans will be prepared in accordance with the City's and
Caltrans' latest Standard Plans and Specifications.
G. Intersection Storm Drain Plan for the proposed catch basin at the southeast
corner of Dune Palms and Westward Ho. This catch basin will connect into
the existing storm drain line in the west side of Dune Palms. The storm drain
plan will be prepared one plan and profile sheet, at a scale of 1"=40'.
In addition to the above mentioned plans, RBF will prepare roadway cross sections identifying
existing and proposed ground at 25 foot intervals over the length of the proposed widening for
the purpose of earthwork calculations.
The 35% concept review will contain proposed geometry information (plan and profile) as will
as utility conflicts, existing topography and right of way limits. RBF will prepare final roadway
plans in conformance with the approved concept plans and submit to the City for review at 85%
and 100% completion. Mylar plan sheets will be submitted after the approved of the 100% plan
submittal package.
Deliverables:
Improvement Plans at 35% 85%, 100%, Preliminary Final and Mylar.
Task 9: Specification and Bid Document. RBF shall prepare construction
specifications, using the City provided "boilerplate" for the contract documents and general
provisions. Technical specifications shall be prepared for construction of each item of work in
the Project. In addition, RBF will fill out the bid schedule, matching the item number with their
corresponding specification and line item in the Engineers Estimate. Prior to the publication of
the final package, RBF will review the document. Specifications will be provided starting with
the 85% plan submittal.
RBF will prepare the following items for the Bid Document: Project Description including all
major work items, working days, liquidated damages based on Caltrans Specifications,
contractor submittals prior to mobilization, special traffic control requirements or coordination,
all of section 4000, and bid schedule.
rk Dune Palms Road
P NombE,
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Scope of Work Program
Deliverables:
Special Provisions for the Project
Prepare Bid Schedule
Review final Bid Package and Provide comments
Task 10: Engineers Estimate. RBF will prepare a preliminary cost estimate of the
proposed improvements based upon the approved preliminary design plans, utilizing the current
edition of the Caltrans Contract Cost Data Book and recent bid information from area bids for
unit costs. The preliminary cost estimate will include construction items, private property
improvements, utility relocations, right-of-way, and water quality measures. Based on the final
design plans, RBF will prepare a final opinion of probable construction costs estimate, with
each bid item entry matching the corresponding Bid Schedule and Specification. The final cost
estimate will be utilized by the City staff for evaluation and comparison of the Contractor's bid
results.
Deliverables:
Engineers Estimate at Plan Submittal Stages (35%, 85%, 100%, Prelim Final and Mylar)
Task 11: Services During Bidding. The City will complete the bid documents, advertise
the project for bidding and distribute the plans to prospective bidders. The City's project
coordinator will be the designated person to receive contractor inquiries. RBF's project
manager and project staff will assist the City as requested during the bidding. The work may
include answering questions, providing consultation and interpretation of the construction
documents, and assisting the City in preparation of addenda to the PS&E during the
advertisement period. RBF will attend the pre -bid and pre -construction meetings unless
otherwise notified by the City. At the request of the City RBF will attend the bid opening and
provide analysis of bids. For this task RBF assumes 16 total hours, to be billed on a Time and
Material basis.
Deliverables:
Attendance at Pre -Bid Meeting (As requested)
Attendance at Pre -Construction Meeting (As requested)
Task 12: Post Design Services. RBF's project manager and project staff will be available
to assist the City during the construction process. A budget amount has been prepared to
provide a minimal amount of post design services. This budget may require adjustment
depending on the level of Consultant involvement required during construction. Upon written
request by the City, the Consultant shall provide the following construction support services:
A. Assist the City during construction by responding to Request for Information (RFI),
clarifying drawings, and generally assisting the City to ensure that the project is constructed in
accordance with the plans and specifications.
B. Provide advice and technical support for construction change orders.
a Dune Palms Road improvements a
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Scope of Work Program
For this task RBF assumes 16 total hours, to be billed on a Time and Material basis.
Deliverables:
Respond to RFI Questions
Provide technical support as necessary
The following tasks are Optional items as recommended by RBF Consulting.
Task 13: Right of Way Services (OPTIONAL TASK). If requested by City Staff, RBF
with the assistance from Overland Pacific and Cutler (OPC) will provide the services to assist
the City in the negotiations with the Dune Palms Mobile Estates owners on the encroachment of
mobile units and hard improvements within the street right of way.
Depending on the decision by City Staff on making the encroachment eligible for relocation,
the following is the scope of work tasks that Overland Pacific Cutler (OPC) would provide to
the City on a requested basis.
Appraisal Services
1. OPC will mail a notification letter and acquisition policies brochure to the property owner,
requesting permission to conduct an on -site inspection of the property, advising them of their
right to accompany the appraiser at the time of the inspection, and requesting information
regarding the property appraised which could influence the appraised value.
2. Appraiser will review title information pertaining to respective ownerships and will review
drawings and other pertinent information relative to the parcel.
3. Appraiser will inspect each property personally with the owner (if possible) and document the
inspection with photographs for use in the report.
4. Appraiser will inventory all improvements affected by the proposed taking including notes on
their manner of disposition (i.e., pay -for and remove vs. move back).
5. Appraiser will perform market research to support the selected appraisal methodologies and will
document and confirm comparable sales information.
6. Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of
Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve
as an acquisition appraisal and will be prepared in a summary format consistent with the
specifications for narrative appraisal reports.
7. OPC will receive and analyze the completed appraisal reports.
Acquisition Services — Mobile Home Owner
1. Establish and maintain complete and current ownership files in a form acceptable to the client.
2. Receive and analyze title information, approved appraisal reports and descriptions in sufficient
detail to negotiate with mobile home owners and other parties.
3. Prepare all offer letters, summary statements, and lists of compensable items of fixtures and
equipment, in accordance with state or federal regulations and approval of client.
4. Present written purchase offers to owners or their representatives in person, when possible.
Secure receipt of delivery of offer as practical and present and secure tenant information
statements, as applicable.
a Dune Palms Road Improvements D
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Scope of Work Program
5. Notify relocation agent of initiation of negotiations within 2 business days and provide appraisal
information, occupant contact information, and tenant information as necessary.
6. Follow-up and negotiate with each property owner, as necessary; prepare and submit
recommended settlement justifications to client for review and approval; review any
independent appraisal secured by property owner and coordinate reimbursement of appraisal
fees (up to $5,000) with client. Ongoing negotiations and settlement discussions will continue
for 8 weeks after the initial offer or until we reach settlement or impasse.
7. Prepare and assemble acquisition contracts, deeds and related acquisition documents required
for the acquisition of necessary property interests. Legal descriptions to accompany easements
or to accompany partial acquisition deeds are not included in this Scope of Work.
8. Maintain a diary report of all contacts made with property owners or representatives and a
summary of the status of negotiations indicating attitude of owners, problem areas, and other
pertinent information. Copies of all applicable written correspondence will be maintained in
files.
9. Transmit executed acquisition documents to client. Each transmittal package shall include a
fully executed and properly notarized deed(s), fully executed acquisition contract with
attachments, and a brief settlement memorandum which summarizes the pertinent data relative
to the transaction.
Escrow Coordination Services
Assist the escrow/or provide internal escrow services:
1. Open escrow and coordinate execution of closing instructions providing for title insurance
coverage at the settlement amount.
2. Provide escrow officer with fully executed acquisition contract and bill of sale.
3. Review settlement statement for accuracy.
4. Coordinate deposit of acquisition price and estimated closing costs with escrow.
5. After the closing, review the title insurance policy for accuracy.
Title Clearance Services
1. Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in
the settlement memorandum and escrow instructions.
2. Coordinate payment of taxes due and release of liens.
3. Secure full reconveyance instruments from lien holders of record.
4. Coordinate lost instrument bonds as may be necessary.
5. Coordinate and facilitate recordation of corrective deeds to clear vesting issues.
6. Secure subordination agreements from conflicting easement holders.
Relocation Plan Preparation Services
1. Interview all potentially affected occupants to determine relocation needs. The interview queries
business needs, special licensing or zoning needs, needed permits, information on trade areas,
special moving requirements, etc. The interview also queries household information such as: the
number, ages and gender of all occupants, income of the household, distance to employment and
utilized neighborhood services, special needs of the household, etc.
2. Research the marketplace for available replacement locations and/or establish rent schedules for
compiling project costs.
3. Compile statistics on available housing and business replacement sites.
4. Calculate potential project costs.
5. Present draft relocation plan to client.
M_
d Dune Palms Road Improvements 0
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Scope of Work Program
6. Distribute plan to project participants and make it available for public inspection.
7. Make any needed revisions brought up during the public inspection period.
8. Participate in adoption presentation meeting.
Relocation Assistance Program Implementation Services
1. Secure basic case information and set up case file; maintain the necessary case
documentation and contact diary throughout the course of our involvement with the claimant.
2. Conduct initial in-depth field interview with claimant: Document rent, income, family size,
names/ages of occupants and determine relocation needs, preferences and special
requirements; provide general information notices and brochure; explain relocation process,
rights and benefits available.
3. Provide on -going advisory assistance to minimize hardships on claimants, including referrals
to and coordination with community service resources, public housing and other public
services as needed.
4. Document rent with rental agreement, receipts, or economic rent if needed.
5. Document/verify income using pay stubs, budget worksheets, tax returns, certification,
and/or cash affidavit as necessary. Use rent -to -rent method if income cannot be verified.
6. Assist with the reconciliation of FF&E ownership among owner and tenant.
7. Create rent schedule for project as appropriate and if authorized by client.
8. Search for and document comparables for each claimant: provide initial referrals and three
sets of additional housing referrals every 4-6 weeks, as necessary; search for available non-
residential sites until OPC recommends at least one appropriate site or determines that no
such site exists. Provide with any referral, an evaluation form which requests feedback as to
the suitability of the site referral, and attempt to secure response from claimant.
9. Prepare letter of eligibility based on most appropriate comparable or rent schedule, and seek
authorization of client.
10. Deliver letter of eligibility to claimant, discuss findings and impacts to occupants' particular
needs. Amend the letter of eligibility one additional time if the economics of the
comparable's availability changes over the course of our assignment.
11. Prepare and deliver 90-day notices to vacate no later than 12 weeks after general information
notices have been delivered.
12. Arrange for transportation to view replacement sites if needed; assist claimants with their
selection of a replacement site, with lease offers, with review of rental agreements, and with
move bids or fixed moving payment.
13. Inspect selected site to ensure it meets decent, safe, and sanitary requirements.
14. Monitor the replacement site escrow and explain the relocation process to agent and escrow
officer as necessary.
15. Review and discuss claimants' moving plans, build -out specifications and personal property
inventory and coordinate eligibility limitations in advance of physical move.
16. Verify vacation of the displacement site and secure a certificate of abandonment.
17. Determine eligibility for proposed amount of relocation benefits, including actual and
reasonable moving payments, rental/purchase differential payments, re-establishment
payments, and fixed payments as applicable.
18. For residential moves, secure and process an advance claim to assist with the move, and a
second final claim incorporating the moving costs and rental/purchase differential payment
once family has moved to selected displacement site. For non-residential moves, secure and
process moving assistance, re-establishment, in -lieu, or settlement claims ensuring that no
item was duplicated in the acquisition process.
D Dune Palms Road Improvements 0
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Scope of Work Program
19. Each claim will be signed by the claimant, supported by appropriate back-up (written bids,
schedules, receipts, etc.), and will be reviewed by OPC's project manager for
recommendation before submitting to client for approval. Each claim check will be delivered
to claimant in person (as feasible) and a receipt of payment will be secured.
Supplemental Relocation Assistance Services (optional service)
1. Provide support to client for claimant appeals.
2. Provide additional site referrals beyond that which was presented in Scope of Work.
3. Continue to work with claimant beyond 180 days from general information notice.
4. Administer periodic payments of relocation benefits.
5. Security or dual consultant services which may be necessary in hostile/violent households.
6. Translation services (other than Spanish) if needed by OPC and requested by client or
claimant.
7. Section 8 administration or processing services where OPC aids in the application process on
behalf of claimants or is converting conventional units to Section 8 units.
Task 14: IID Coordination on Undergrounding (OPTIONAL TASK). Based on the
RDA decision on underground of the overhead distribution facilities, RBF will coordinate with
IID on the location of the conduit system and provide the necessary references to the IID
developed plans in the overall street improvement plans and project specifications.
Additionally, RBF will provide a bid schedule showing the IID conduit and structure work as
an Alternate Bid Item. This task also includes the review and comment on the IID plans with
IID Staff.
Deliverables:
Coordination with IID staff on the Underground Plans
Review and Comment on Underground Plans
Preparation of the necessary special provisions and bid schedule items
Placement of cross reference notes in improvement plan set.
Task 15: Legal and Exhibit Mobile Home Managers House (OPTIONAL TASK).
RBF will prepare the necessary legal description for the acquisition of the home site at the
southwest corner of the mobile home park. RBF will also verify that all improvements
associated with this site will be contained within the proposed acquisition site area. Following
City approval of the legal description and exhibit, RBF will prepare the Grant Deed document
necessary for the land transfer for the City's use.
Deliverables:
Legal and Exhibit for Mobile Home Park Managers House (one legal)
Conveyance Document
D Dune Palms Road improvements 0
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis for the Base Contract Amount in
accordance with the Consultants Schedule of Compensation attached herewith for
the work tasks performed in conformance with Section 2.2 of the Agreement.
Total compensation for all work under this contract shall not exceed One Hundred
Ten Thousand, Two Hundred Ninety -Four Dollars and Zero Cents ($110,294.00)
except as specified in Section 1.6 - Additional Services of the Agreement.
Base Contract Amount:
Reimburseable Budget:
Optional Task 3A:
Optional Task 13:
Optional Task 14:
Optional Task 15:
Total Not to Exceed Fee:
$ 66,736.00
$ 5,700.00
$ 9,276.00
$ 23,670.00
$ 2,276.00
$ 2,636.00
$110,294.00
The project includes optional tasks. The Consultant shall not proceed with
any optional task unless authorized in writing by the City of La Quinta.
Last revised 6-30-09 19 316
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Exhibit C
Schedule of Performance
Consultants Project Schedule is attached and made a part of this agreement.
Consultant shall complete services presented within the scope of work contained
within Exhibit "A" in accordance with the attached project schedule.
Last revised 6-30-09 20 318
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Exhibit D
Special Requirements
NONE.
Last revised 6-30-09 21
ATTACHMENT 3
Environmental Checklist Form
Project title: EA 2010-609, Dune Palms Road Widening Project
2. Lead agency name and address: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
3. Contact person and phone number: Les Johnson
760-777-7071
4. Project location: The east side of Dune Palms Road, from south of Westward Ho Drive to the
Whitewater Channel.
5. Project sponsor's name and address: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
6. General Plan Designation: Medium Density 7. Zoning: Medium Density Residential
Residential
S. Description of project: (Describe the whole action involved, including but not limited to later
phases of the project, and any secondary, support, or off -site features necessary for its
implementation. Attach additional sheets if necessary.)
The City proposes to widen Dune Palms Road to its ultimate General Plan width as a
Secondary Arterial roadway between Westward Ho Drive and the Whitewater Channel. The
road is built out on its west side. The proposed widening project will complete the widening
on its east side. The widening will consist of the addition of a 12 foot travel lane, curb, gutter
and a 6 foot sidewalk. The width of the improvements will total approximately 20 feet. The
length of the improvements is approximately 1,200 linear feet. Therefore, the project involves
a total of 24,000 square feet of roadway area.
All of the land involved in the project has been disturbed. The northern 600t feet consists of
a mix of developed and vacant properties. The six lots immediately south of Westward Ho
Drive are owned by the City's Redevelopment Agency, and are currently vacant, although
they have previously been developed in single family homes that have since been removed.
The seventh lot consists of an existing church, which will remain and is fully developed. All
of these frontages have been impacted by the shoulder of Dune Palms Road.
The southern 600t consists of the frontage of the Dune Palms Mobile Home Park, and a
single family home. A single family home occurs on the south end of the widening area. Its
frontage on Dune Palms, consisting of front yard and driveway areas, will be included in the
widening. The mobile home park improvements appear to encroach into the public right of
way, and include four mobile homes and common area recreational facilities (pool area). The
engineering for the project will include verification of the right of way and the determination
of whether these encroaching structures will need to be removed or relocated prior to
initiation of the proposed project. The City may acquire the single family home and the
encroaching units within the mobile home park.
All driveway approaches for all developed properties in the project area will be included in
the widening project.
321
9. Surrounding land uses and setting: Briefly describe the project's surroundings:
Lands to the west beyond Dune Palms Road are developed, and include sports fields and
parking areas of the La Quinta High School. Lands to the north occur in the City of Indio, and
consist of single family homes. Lands to the east are partially developed, and lands to the
south consist of the Whitewater River.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.)
City of La Quinta Redevelopment Agency
-2-
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the
following pages.
Aesthetics
Biological Resources
Hazards & Hazardous
Materials
Mineral Resources
Public Services
Utilities / Service
Systems
Agriculture Resources
Cultural Resources
Hydrology/ Water
Quality
Noise
Recreation
Air Quality
Geology /Soils
Land Use / Planning
Population / Housing
Transportation/Traffic
Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
X I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or
"potentially significant unless mitigated" impact on the environment, but at least one
effect 1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) ha . been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECL I ATION, including revisions or mitigation measures that are
imposed i�xn o used project, nothing further is required.
-,-Z 10
Date
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e.g., the project
falls outside a fault rupture zone). A "No Impact" answer should be explained where it is
based on project -specific factors as well as general standards (e.g., the project will not expose
sensitive receptors to pollutants, based on a project -specific screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on -
site, cumulative as well as project -level, indirect as well as direct, and construction as well as
operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one or
more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by mitigation
measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site -specific
conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to the
page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however,
lead agencies should normally address the questions from this checklist that are relevant to a
project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significance
.4-
324
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
L AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a
X
scenic vista? (La Quinta General Plan Exhibit
3.6 "Image Corridors")
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
X
outcroppings, and historic buildings
within a state scenic highway? (Aerial
photograph; Site Inspection)
c) Substantially degrade the existing
visual character or quality of the site and
X
its surroundings? (Application materials)
X
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the area?
(Project description)
—
I. a)-c) The proposed project will not impact a scenic vista. The improvement project consists
of the paving of a travel lane, and the installation of curb, gutter and sidewalk, all of
which will occur at ground level. No vertical structures are planned, and no view
blockage will occur.
The proposed project will have no impact on any scenic resource. There are no
significant trees, rock outcroppings or historic buildings on or in the vicinity of the
proposed improvement project.
The proposed project will have no impact on the existing visual character of the area.
The proposed road widening will expand the area of paved surface of Dune Palms
Road, consistent with the City's standard roadway cross section, as it occurs on the
west side of the street. There will be no change in the visual character of the area.
d) The road widening will have no impact on light or glare. The roadway widening
project will not, in and of itself, increase traffic, which would be the primary source of
light in the area. It is expected that traffic will increase over time, which is why the
roadway is being widened. The increase in traffic was analyzed in conjunction with the
City's 2002 General Plan Update, and the Environmental Impact Report (EIR) studied
that increase. The added headlights from the increasing traffic will occur in a north -
south direction, onto the roadway, and not into surrounding land uses. The City will
install street lights along the improvement area as required by it Public Works
standards, but these will occur in the right of way, and will be directed downward and
into the street, not onto surrounding land uses.
-5-
325
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
II. AGRICULTURE RESOURCES:
Would the project:
a) Convert Prime Farmland, Unique
X
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use? (General Plan EIR p. 111-21
fE)
-
i
I--X
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract? (Zoning Map)
_
c) Involve other changes in the existing
enviromnent which, due to their location
X
or nature, could result in conversion of
Farmland, to non-agricultural use?
(General Plan Land Use Map; Site Inspection)
J
11. a)-c) The widening area occurs in an area of the City which is urbanized. No agricultural
activities occur within several miles of the proposed project. The land is not designated
as Prime or Unique Farmland, nor is it designated Farmland of Statewide Importance.
There are no Williamson Act contracts on or adjacent to the property. The area to be
widened is within the standard 88 foot street width designated on the City's General
Plan of Roads, and surrounding lands are designated for Medium Density Residential,
and have been for a number of years.
The widening of Dune Palms has no potential to result in the conversion of farmland,
as no farmland occurs in the area.
-6-
3`'6
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
III. AIR QUALITY: Would the project:
a) Conflict with or obstruct
X
implementation of the applicable air
quality plan? (General Plan EIR)
b) Violate any air quality standard or
contribute substantially to an existing or
X
projected air quality violation? (General
Plan EIR)
c) Result in a cumulatively considerable
net increase of any criteria pollutant for
X
which the project region is non -
attainment under an applicable federal or
state ambient air quality standard
(including releasing emissions which
exceed quantitative thresholds for ozone
precursors)? (General Plan EIR)
d) Expose sensitive receptors to
X
substantial pollutant concentrations'?
(General Plan EIR)
e) Create objectionable odors affecting a
X
substantial number of people? (Application
materials)
f) Generate greenhouse gas emissions either
directly or indirectly, that may have a significant
X
impact on the environment? (Project description)
g) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
X
the emissions of greenhouse gases'? (Project
description)
111. a) The roadway widening will have no impact on the implementation of air quality
management plans. The South Coast Air Quality Management District (SCAQMD)
implements air quality regulation in the City and region. The SCAQMD 2007 Air
Quality Management Plan and 2003 PMIO State Implementation Plan are the
applicable documents for this project. Both plans were developed using the City's
General Plan land uses and roadway standards. The widening project is consistent with
the General Plan designation for Dune Palms of Secondary Arterial. The widening of
the road is therefore consistent with the SCAQMD's adopted plans.
b)- c) The proposed roadway widening will affect approximately 24,000 square feet of land,
in a linear work area of approximately 20 feet in width, and approximately 1,200 feet
in length. The area of the widening project consists of vacant, previously disturbed
lands on the northern half of the project area, and landscaped frontages on the sotheru
-7-
327
half of the project area. The widening project will result in air emissions associated
with the grading of the area, and with the construction of the roadway. The Tables
below illustrate the potential emissions which will result from the construction of the
roadway.
Table 1
Fugitive Dust Potential
(oounds oer dav)
Total Acres to be Factor Total Potential Dust
Disturbed at Buildout* (lbs./day/acre) Generation (lbs./day)
0.55 26.4 14.5
Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality
Management District, April 1993
As shown in Table 1, the grading of the project area will result in 14.5 pounds per day
of fugitive dust. This is well below the SCAQMD threshold of 150 pounds for PMIO,
and 55 pounds for PM2.5. The grading of the roadway will therefore have less than
significant impacts associated with fugitive dust.
Table 2
Grading - Related Exhaust Emissions Summary
CO
NOx
ROG
sox
PMto
PMrs
CO2
Equipment Emissions
Workers' Vehicle Emissions
31.80
3.47
71.18
2.72
8.60
0.45
0.08
0.01
3.43
0.11
3.05
0.09
7,750.40
580.17
Total Construction Emissions
35.27
73.89
9.06
0.09
3.54
3.14
8,330.57
SCAQMD Thresholds of
Significance
550.00
100.00
75.00
150.00
150.00
55.00
N/A
Table 2 depicts the emissions associated with the equipment which will be used to
grade the site. The analysis assumes the use of 2 graders, l crawler tractor, I scraper, l
backhoe and one water truck operating for an 8 hour period daily, and 10 workers per
day during the grading operation. As shown in the Table, the grading activity will not
exceed any of the SCAQMD thresholds of significance, and impacts are therefore
expected to be less than significant.
-9- 3 2 8
Table 3
Aggregate Construction - Related Emissions Summary
CO
NOx
ROG
SOx
PM10
PM2.5
CO2
Equipment Emissions
11.45
19.26
3.10
0.02
1.34
1.20
1,818.40
Workers' Vehicle Emissions
3.47
2.72
0.46
0.01
0.11
0.09
580.17
Asphalt Paving Emissions
-
-
0.48
-
-
-
Total Construction Emissions
14.91
21.98
4.03
0.03
1.45
1.29
2,398.57
SCAQMD Thresholds of
Significance 550.00 100.00 75.00 150.00 150.00 55.00 N/A
Table 3 illustrates the air emissions during the paving of the roadway. For purposes of
this analysis, it was assumed that the paving will require 3 days, and that 2 rollers, 1
paver and 2 tenders would be used in this process. It was also assumed that there
would be 20 worker trips per day. As shown in Table 3, the paving activity will not
exceed any SCAQMD thresholds of significance, and impacts will be less than
significant.
d) The widening of Dune Palms is not expected to result in pollutant concentrations to
sensitive receptors, insofar as construction equipment will be moving throughout the
project site, and will not be idle due to congestion. In addition, SCAQMD
requirements prohibit the idling of diesel equipment for long periods. Finally, the
roadway widening may have the effect of marginally decreasing air pollutant
concentrations; insofar as the increase in capacity will assure better traffic movement
during peak traffic flows.
e) The widening of Dune Palms will have no impact on odors. The widening project will
not generate any new land use which will emit odors. The paving of the roadway,
expected over no more than a three day period, may result in asphalt or equipment
odors during that time. However, the odors will occur for a very short time period, and
will dissipate quickly.
f) & g) The widening of Dune Palms will result in the generation of Greenhouse Gases
(GHGs) during the grading and paving of the roadway. The widening will have no
direct long term impact on GHGs, insofar as the widening of the roadway will not
generate any new vehicle trips, or create any new land uses.
As described in the Tables above, the project will generate 8,330.57 pounds per day of
carbon dioxide during grading. It is estimated that grading will occur for a period of
approximately 60 days. As a result, the project will generate 499,834 pounds of carbon
dioxide, or 224.9 metric tons. The paving of the roadway has the potential to generate
2,398,57 pounds per day of carbon dioxide. It is estimated that the paving process will
take approximately 3 days. As a result, the project will generate 7,196 pounds of
carbon dioxide, or 3.2 metric tons. The SCAQMD has not adopted any thresholds of
significance for GHG emissions, except for industrial projects for which it is the lead
agency. For those projects, it uses a threshold of 10,000 metric tons per year. For
commercial and residential project, SCAQMD staff has referenced a possible threshold
of 3,000 metric tons per year as representing a significant increase in GHG emissions.
329
That threshold was not adopted by the SCAQMD Board, and is the subject of ongoing
discussions of a working group. Given these two figures, The roadway widening will
generate 228.1 metric tons in one year, and is well below both the industrial threshold
and the commercial/residential threshold which is under discussion. The proposed
widening will therefore have less than significant impacts on GHGs.
Potentially
Less Than
Less'rhan
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
IV. BIOLOGICAL RESOURCES --
Would the project:
a) Have a substantial adverse effect, either
X
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service (General Plan MEA, p. 78 ff.)
b) Have a substantial adverse effect on any
X
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game
or US Fish and Wildlife Service? (General
Plan MEA, p. 78 ff.)
c) Have a substantial adverse effect on
X
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption,
or other means? (General Plan MEA, p. 78 ff.)
d) Interfere substantially with the
X
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites'? (General Plan
MEA, p. 78 ff)
e) Conflict with any local policies or
_
X
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance? (General Plan MEA, p. 73 ff),
f) Conflict with the provisions of an
X
adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or
other approved local, regional, or state
habitat conservation plan? (General Plan
MEA, p. 78 ff.)
1f-
331
IV. a) The proposed road widening will have no impact on species of concern. The proposed
roadway widening will impact an area of 20 feet in width, and 1,200 feet in length,
along an existing roadway. The northern half of the widening area consists of disturbed
land which has been significantly impacted by its use as an unpaved shoulder to the
existing Dune Palms Road. No native habitat occurs in this area, No significant
vegetation occurs in this portion of the project area, and no species of concern is
expected to occur there.
The southem.half of the widening area is currently developed with ornamental
landscaping, boundary fencing and structures. No native habitat occurs in this area, and
no species of concern are expected to occur in this area.
b)-O The project area does not contain any riparian habitat or other native community.
There will be no impact to riparian habitat or native communities as a result of the
road widening.
There are no wetlands within or adjacent to the widening area.
The project area is 20 feet wide and 1,200 feet in length, and surrounded by
development. It does not contain natural habitat. As a result, it is completely unsuitable
as a wildlife corridor. There will be no impact associated with the movement of native
species as a result of the proposed road widening.
The proposed road widening will have no impact on policies relating to the
preservation of biological resources, insofar as no ordinance exists which would apply
to the proposed project site.
The proposed project area is within the area covered by the Coachella Valley Multiple
Species Habitat Conservation Plan. The project area is not in a conservation area under
the MSHCP, and as such is required, if a qualifying project, to pay a mitigation fee.
The City will comply with the requirements of the Plan. There will therefore be no
conflict with the Plan, and no impact is expected.
12-
Potentially
Less Than
Less Than I
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
V. CULTURAL RESOURCES -- Would
theproject:
a) Cause a substantial adverse change in
X
the significance of a historical resource as
defined in ' 15064.5? (General Plan MEA p. 123
ff.)
b) Cause a substantial adverse change in
X
the significance of an archaeological
resource pursuant to It 5064.5? (General Plan
MEA p. 123 ff.)
c) Directly or indirectly destroy a unique
X
paleontological resource or site or unique
geologic feature? (General Plan MEA p. 88 ff.)
d) Disturb any human remains, including
X
those interred outside of formal
cemeteries? (General Plan MEA p. 123 ff.)
J
V.a) The area to be widened consists of a narrow strip of land, 20 feet wide by 1,200 feet in
length. There are no historic resources on any portion of this area. The structures in the
Dune Palms Mobile Home Park section are not historical resources. Lands to the north
are vacant, and contain no historic structures. The widening project will have no
impact on historic resources.
b) The area to be widened has either been constructed upon (mobile home park and single
family home), or has previously been developed and impacted by its use as a shoulder
to the existing Dune Palms Road. No archeological resources are expected to occur on
the site, as the previous disturbances would have uncovered or destroyed them. The
widening project will have no impact on archaeological resources.
c) The widening project occurs well north of the historic boundary of ancient Lake
Cahuilla, which is the only paleontologically sensitive geologic feature in the City. The
soils outside the boundary of the ancient lake are too young geologically, and are
composed of sands and fine sands, which are not conducive to fossilization. As a
result, no impacts to paleontological resources are expected as a result of the widening
proj ect.
d) The area proposed for road widening is not a part of a known burial ground, nor is it
adjacent to a known burial ground. California law requires that any human remains
found when excavations occur be reported to law enforcement. Further, law
enforcement is required to determine if the remains have the potential to be culturally
significant to local Native American Tribes, and to contact the Tribes if they are
determined to be so. These requirements of State law assure that there will be no
impact to human remains as a result of the widening project.
13-
303
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
VI. GEOLOGY AND SOILS -- Would
the project:
a) Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault,
X
as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area
or based on other substantial evidence of
a known fault? (General Plan MEA Exhibit
6.2)
_
ii) Strong seismic ground shaking?
X
(General Plan MEA Exhibit 6.2)
_
iii) Seismic -related ground failure,
X
including liquefaction? (General Plan MEA
Exhibit 6.3)
iv) Landslides? (General Plan MEA Exhibit
X
6A)
b) Result in substantial soil erosion or
X
the loss of topsoil? (General Plan MEA
Exhibit 6.5)
c) Be located on expansive soil, as
X
defined in Table 18-1-B of the Uniform
Building Code, creating substantial risks
to life or property (General Plan MEA
Exhibit 6.1)
—
d) Have soils incapable of adequately
X
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water? (General Plan
Exhibit 8.1)
_.
VI. a) The area to be widened is not located in an Alquist Priolo Earthquake Zone, as none
occur within City limits. However, the site will be subject to significant groundshaking
in a seismic event. The City will require that all roadway construction be completed
according to best engineering practices, to assure that the roadway survives strong
seismic activity. As the site is level, flat and not in an area susceptible to liquefaction
(see below), the widening is not expected.to require special construction techniques
-14-
.._ 334
beyond this to maintain its integrity. No impact associated with ground shaking is
expected.
The site is not susceptible to liquefaction. Liquefaction occurs when unconsolidated
soils mix with a high groundwater table or perched groundwater, generally at a depth
of less than 50 feet. The soil loses its consolidation and can cause structures, and
roadbeds, to fail. The widening project does not occur within a liquefaction hazard
area, as identified in the General Plan. As a result, no impact associated with
liquefaction is expected.
The widening project occurs in an area which is flat and generally level. The area is in
the center of the City, and no adjacent to any slope. No impact associated with
landslides or rock fall will result from the completion of the widening project.
b) The widening project will be subject to the potential for soil erosion due to wind and
water during its construction. The City will implement PMIO Management Plans for
the construction of the roadway, consistent with its standards for all projects, to assure
that wind erosion is controlled. The City will also implement best management
practices relating to storm water management during the construction process, to
assure that storm water is not polluted by soils from on site or up stream sources.
These City requirements will assure that the impacts associated with soil erosion will
be less than significant.
c) The City's soils are not expansive, as they consist of sands and silty sands.
d) The widening of Dune Palms will have no impact on septic or sewer systems, as
roadway widening will not require septic or sanitary sewer service.
-15-
335
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
VII. HAZARDS AND HAZARDOUS
MATERIALS --Would the pro'ect:
a) Create a significant hazard to the
X
public or the environment through the
routine transport, use, or disposal of
hazardous materials? (Application materials)
b) Create a significant hazard to the
public or the environment through
X
reasonably foreseeable upset and accident
conditions involving the release of
hazardous materials into the
enviromnent? (General Plan MEA, p. 95 ff.)
c) Emit hazardous emissions or handle
X
hazardous or acutely hazardous materials,
substances, or waste within one -quarter
mile of an existing or proposed school'?
(Application materials)
d) Be located on a site which is included
X
on a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment? (Application materials)
e) For a project located within an airport
X
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard for
people residing or working in the project
area? (General Plan land use map)
t) For a project within the vicinity of a
X
private airstrip, would the project result in
a safety hazard for people residing or
working in the project area? (General Plan
land use map)
g) Impair implementation of or physically
X
interfere with an adopted emergency
response plan or emergency evacuation
plan? (General Plan MEA p. 95 ff)
h) Expose people or structures to a
X
significant risk of loss, injury or death
involvine wildland fires, including where
l6-
3�S
nt urbanized areas
wildlands are
are i
or where residences are intermixed with
residences
wildlands? (General Plan land use map)
—�
VII. a) The widening of Dune Palms will have no impact on the transport, use or disposal of
hazardous materials. The road widening will not change traffic patterns in the area, and
any use of Dune Patens to transport materials now, would continue. Should a spill
occur, as would occur now, the Fire Department would implement its hazardous
materials response procedures, which are currently in place.
b) During the widening process, the equipment to be used may result in a spill of
gasoline, diesel fuel or other chemical compound used in these vehicles and
equipment. Such a spill would be small, and would be handled in one of two ways.
The City will require the installation of best management practices relating to NPDES
requirements as part of the construction process. These practices will include the
collection of materials spilled in the construction area, and their proper disposal so that
they do not contaminate surface waters, should a spill occur during a rain event.
Should a spill be of a larger nature, the City will, as a matter of policy, contact the Fire
Department, and properly remediate the spill. These standard procedures will assure
that impacts associated with the release of chemicals and oils at the site will be less
than significant.
c) The proposed widening project will occur on the east side of Dune Palms Road. The
La Quinta High School occurs on the west side of Dune Palms Road. As described in
response to questions a) and b) above, the addition of a travel lane will have no impact
on the transport of hazardous materials, if they occur. The procedures required to
remediate a spill will be implemented, should one occur, regardless of the widening of
the roadway. Therefore, the roadway widening will not impact the potential associated
with hazardous materials near a school.
d) The area proposed for widening is not listed on any County, State or federal list of
hazardous materials site. No impact will occur.
e) & f) The widening project is located several miles northwest of the Jacquie Corchran
Airport, and three miles south of the Bermuda Dunes Airport. There are no other
airstrips in the vicinity. The widening project will have no impact safety at either
airport.
g) The proposed widening project will result in a beneficial impact as relates to
emergency response, insofar as it will provide additional travel way, and allow easier
response for emergency personnel. The City's fire station at Adams Street and Fred
Waring Drive, one mile north of the widening project, will benefit from the improved
circulation created by the widening.
h) The proposed widening project will have no impact on wildland fires. This section of Dune
Palms Road occurs in the City's urban core, and is not located near any wildland, hillside or
conservation area. There is no potential for wildland fires as a result of the proposed widening
project.
-17- 337
Potentially
Significant
Impact
Less Than
Significant w/
Mitigation
Less Than
Significant
Impact
No
Impact
VIII, HYDROLOGY AND WATER
QUALITY -- Would the project:
a) Violate any water quality standards or
X
waste discharge requirements? (General Plan
EIR p. III-187 ff.)
_
b) Substantially deplete groundwater
X
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume or
a lowering of the local groundwater table
level (e.g., the production rate of pre-
existing nearby wells would drop to a level
which would not support existing land uses
or planned uses for which permits have
been granted)? (General Plan EIR p. 111-187 ff.)
—_
c) Substantially alter the existing drainage
pattern of the site or area, including
X
through the alteration of the course of a
stream or river, in a manner which would
result in substantial erosion or siltation on -
or off -site? (General Plan EIR p. III-197 ff.)
d) Substantially alter the existing drainage
X
pattern of the site or area, including
through the alteration of the course of a
stream or river, or substantially increase the
rate or amount of surface runoff in a
manner which would result in flooding on -
or off -site? (General Plan EIR p. III-187 ff.)
_
e) Create or contribute runoff water which
X
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runofP(General Plan EIR p. 111-187 ff.)
_
_I
t) Place housing within a I00-year flood
X
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation
map? (General Plan EIR p. 111-187 ff.)
g) Place within a I00-year flood hazard
X
area structures which would impede or
redirect flood flows? (Master Environmental
Assessment Exhibit 6.6)
—
18 336
VIII. a) & b)) The proposed road widening will have no impact on water quality standards or waste
discharge requirements. As stated above, the City will implement best management
practices to assure that surface waters are protected from hazardous materials and other
pollutants during the construction process.
The widening process will not require domestic water service, as it involves only the
widening of the roadway.
c) - e) The City will design the roadway to accommodate the 100 year storm flows within the
right of way, which is the City's standard. The design will better control storm flows
than in the current condition, since the current lack of curb and gutter allows sheet
flows across the roadway and onto downstream property. The road widening project
will therefore result in a beneficial impact as relates to flooding on downstream
properties.
Design of the roadway will also include best management practices to assure that
storm waters do not leave the roadway carrying pollutants, thereby protecting off -site
properties from polluted runoff.
O-g) The site is not located in a flood zone as designated by FEMA and therefore, no impact
is expected.
�Ja
19-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
IX. LAND USE AND PLANNING -
Would the project:
a) Physically divide an established
X
community? (Aerial photo)
b) Conflict with any applicable land use
I
plan, policy, or regulation of an agency
X
with jurisdiction over the project
(including, but not limited to the general
plan, specific plan, local coastal program,
or zoning ordinance) adopted for the
purpose of avoiding or mitigating an
environmental effect? (General Plan Exhibit
2.1)
c) Conflict with any applicable habitat
X
conservation plan or natural community
conservation plan? General Plan MEA p. 74
ff.)
IX. a) The widening of Dune Palms Road will occur on a 20 foot wide by 1,200 foot long
parcel, on lands which are vacant, or represent the frontage of existing development.
The proposed widening will not divide an established community.
b) The proposed widening will result in Dune Palms Road being constructed to its
General Plan roadway designation of Secondary Arterial. The proposed widening is
therefore consistent with, and implements the General Plan. All construction will be to
City standards and specifications. No impact associated with conflicts with City plans,
policies or regulations will occur.
c) The project site is within the boundaries of the Coachella Valley Multiple Species
Habitat Conservation Plan, and will be subject to the regulations associated with that
Plan. No impact is expected.
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of., 340
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
X. MINERAL RESOURCES -- Would
the project:
a) Result in the loss of availability of a
X
known mineral resource that would be of
value to the region and the residents of
the state? (Master Environmental Assessment
p. 71 ff.)
b) Result in the loss of availability of a
X
locally -important mineral resource
recovery site delineated on a local
general plan, specific plan or other land
use plan? (Master Environmental Assessment
p 71 ff.)
X. a) & b) No mineral resources are expected to occur within the widening project area. There are
no significant mineral resources in the vicinity of the widening project. No impact will
occur.
-2134i
Potentially
Less Than
Less 'Chan
Significant w/
Significant
LNoSignificant
Impact
Mitigation
Impact
XI. NOISE Would the project result in:
a) Exposure of persons to or generation
X
of noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards
of other agencies? (General Plan MEA p. I I I
ff.)
b) Exposure of persons to or generation
X
of excessive groundbome vibration or
groundbome noise levels? (General Plan
MEA p. I l l ff.)
c) A substantial permanent increase in
X
ambient noise levels in the project
vicinity above levels existing without the
project? (General Plan MEA p. I I ff.)
d) A substantial temporary or periodic
X
increase in ambient noise levels in the
project vicinity above levels existing
without the project? (General Plan MEA p.
111 fr)
e) For a project located within an airport
X
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project expose people residing
or working in the project area to
excessive noise levels? (General Plan land
use map)
_
t) For a project within the vicinity of a
X
private airstrip, would the project expose
people residing or working in the project
area to excessive noise levels? (General
Plan land use map)
XI. a) & c) The roadway improvements will result in a four lane road, built to its ultimate width.
The north half of the project area is currently vacant, and will not be impacted by
noise. The south half of the project area is currently occupied by a mobile home park
and a single family home. These are both sensitive receptors, which require 65 dBA
CNEL noise levels in exterior back yard areas. The mobile home park includes an
existing perimeter fence which would remain or be replaced, depending on whether its
location occurs in the right of way for the widening project. The General Plan EIR
projected that in the year 2020, Dune Palms Road will experience Level of Service
„_ 342
(LOS) A, with a volume to capacity ratio of 0.15. Traffic on Dune Palms will therefore
continue to be light, and will generate noise levels of 65 dB at approximately 50 feet
from the centerline of Dune Palms. The existing perimeter fence surrounding the
mobile home park, at a height of 6 feet, will provide noise attenuation of
approximately 6 dB. Therefore, the noise levels outside the mobile homes closest to
Dune Palms will be approximately 59dB, well below the City's standard. The single
family home's rear yard occurs on the east side of the lot, at least 100 feet from the
right of way, and is fully shielded by the mass of the existing home. Noise levels at the
single family home will be well below the City's 65 dB standard.
Xl. b)& d) The widening of Dune Palms Road will result in temporary vibration and elevated
noise levels associated with the heavy equipment which will be used to grade and pave
the roadway.
The peak noise level for construction equipment ranges from 70 to 95 dBA at a
distance of 50 feet. The grading activities on the project site will cause temporary
increases in noise levels above the City's standards, but these increases will be
temporary and periodic. The project is estimated to last between 90 and 100 days.
However, not all of the construction period will involve heavy equipment.
Construction noise is regulated by the Municipal Code to occur during the noisier day
time hours, which helps to lower the potential impacts. The fence surrounding the
mobile home park will provide attenuation of noise levels. Since the heavy equipment
will be working on a long narrow project, it will be moving up and down on the site.
However, the construction process has the potential to cause annoyance and short term
disturbance of the residents in the immediate area. This impact can be mitigated to less
than significant levels, with the following mitigation measures.
L All heavy equipment shall be equipped with properly functioning mufflers.
2. No vehicle shall be allowed to idle for more than 5 minutes within 50 feet of
the mobile home park or the single family home in the southern half of the
project area.
3. Any staging areas or storage areas for stationary equipment shall be located in
the north half of the project area, on currently vacant City property. Stationary
equipment shall be oriented so as to direct noise in an easterly direction.
4. All construction activities shall occur in strict compliance with the construction
hours allowed in the Municipal Code.
e) & f) The project site is not located within the noise contours of any airport or airstrip.
-23-
ti. 3
Potentially
Less "Phan
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XIL POPULATION AND HOUSING —
Would the project:
a) Induce substantial population growth
X
in an area, either directly (for example,
by proposing new homes and businesses)
or indirectly (for example, through
extension of roads or other
infrastructure)? (General Plan, p. 9 ff.)
b) Displace substantial numbers of
X
existing housing, necessitating the
construction of replacement housing
elsewhere? (General Plan, p. 9 ff., project
description)
c) Displace substantial numbers of
X
people, necessitating the construction of
replacement housing elsewhere? (General
Plan, p. 9 ff., project description)
Xll. a) The proposed roadway widening will not induce population growth. The widening
project is consistent with the General Plan roadway designation of Secondary Arterial,
and the widening of the roadway is designed to respond to growth, not induce it. This
area of the City is mostly built out, and only limited growth can occur in the area. As
previously stated, traffic volumes on Dune Palms are not expected to increase
significantly over time. The widening project will improve safety on the roadway, but
will not induce growth.
b) & c) The widening of Dune Palms Road may require the removal or relocation of four
mobile homes, and recreational facilities in the mobile home park common area, which
appear to be encroaching into the City's the right of way. The engineering for the
project will verify whether the structures are encroaching into the right of way, and if
so, whether they will need to be removed. In addition, the widening of the roadway
may result in the need for the City to purchase the single family home at the southern
end of the project area. Assuming that they do need to be removed, the four mobile
home units and one single family home do not represent a substantial number of units,
and the removal of those units would not necessitate the construction of replacement
housing elsewhere, particularly since housing is available throughout the community,
either in traditional construction, or in other mobile home parks in the general vicinity.
Should removal and/or relocation of these units be necessary, the City will follow all
legally required steps. State law requires that the City pay fair market value for any
property which it needs to acquire to provide public improvements. As of this writing,
it does not appear that the City would be required to acquire any real property at the
mobile home park, since the right of way was already granted to the City's
predecessor, the County, as a condition of a variance the park owner previously
_Zq.
�.. 344
obtained. Upon incorporation of the City, the County's interest in the right of way
passed to the City. As of this writing, it has not been determined whether it will be
necessary to acquire the mobile homes if they encroach in the right of way. The single
family home does not encroach into the right of way, but its access may be affected by
the widening project. Should safe access for this home not be possible, the City will be
required to acquire the property at fair market value.
In the event that the City must acquire any structures, the City would be required to
compensate the owner(s) of the structures. In addition, if the City is legally required to
acquire the mobile homes or the single family home, the Uniform Relocation
Assistance and Real Properties Act would require that the City relocate, at its expense,
qualifying residents of these units. Should the residents of the affected units qualify
for relocation, the City would be required to prepare a relocation plan, and implement
it prior to the initiation of the roadway widening project. 25 California Code of
Regulations Section 6090 requires that an agency acquiring a residential unit pay the
resident actual reasonable moving expenses. 25 California Code of Regulations
Section 6102 and 6104 also require that replacement housing payments be made to
qualifying residents, if relocation is necessary. To the extent applicable, the City will
follow these State requirements. In light of all the circumstances, any impacts
associated with the potential removal of encroaching structures will be less than
significant.
-25-
34
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XIIL PUBLIC SERVICES
--
a) Would the project result in substantial
I
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental
facilities, the construction of which could
cause significant environmental impacts,
in order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
_
Fire protection? (General Plan MEA, p. 57)
X
Police protection? (General Plan MEA, p. 57)
X
Schools? (General Plan MEA, p. 52 ff.)
— X
Parks? (General Plan; Recreation and Parks
X
Master Plan)
Other public facilities? (General Plan MEA,
X
p. 46 ff.)
XIIL. a) The widening of Dune Palms will have no impact on public facilities. The roadway
widening will facilitate better access and response for the Fire and Police Departments,
by providing a second travel lane northbound.
The widening will also improve access to the adjacent La Quinta High School,
allowing for better traffic flow during the more congested morning and afternoon pick
up times.
The widening will have no impact on parks or other public facilities.
-26-
340
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XIV. RECREATION --
a) Would the project increase the use of
X
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
(Project description; General Plan Exhibit 5.1)
b) Does the project include recreational
X
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment? (Project description)
XIV. a) & b) Widening of Dune Palms will have no impact on either the use of parks or recreational
facilities.
_27-
341
Potentially
Less Than
Less Than
No
Significant
Significantwl
Significant
Impact
Impact
Mitigation
Impact
XV. TRANSPORTATION/TRAFFIC --
Would the project:
a) Cause an increase in traffic which is
'
X
substantial in relation to the existing
traffic load and capacity of the street
system (i.e., result in a substantial
increase in either the number of vehicle
trips, the volume to capacity ratio on
roads, or congestion at intersections)?
(General Plan EIR, p. I11-29 ff.)
_
b) Exceed, either individually or
X
cumulatively, a level of service standard
established by the county congestion
management agency for designated roads
or highways? (General Plan EIR, p. 11I-29 ff.)
c) Result in a change in air traffic
X
patterns, including either an increase in
traffic levels or a change in location that
results in substantial safety risks? (No air
traffic involved in project)
_
d) Substantially increase hazards due to a
X
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)? (Project
description)
e) Result in inadequate emergency
X
access? (Application materials)
f) Result in inadequate parking capacity?
I X
(Project description)
I
g) Conflict with adopted policies, plans,
X
or programs supporting alternative
transportation (e.g., bus turnouts, bicycle
racks)? (Project description; MEA Exhibit 3.10)
XV. a)-g) The widening of Dune Palms will result in four travel lanes, curb gutter and sidewalk,
all meeting the City's standard for Secondary Arterials. Although Dune Palms
currently operates at acceptable levels of service, the widening will improve traffic
safety, particularly for northbound traffic, and provide pedestrian access through the
installation of a curb -adjacent sidewalk. These improvements will result in beneficial
impacts for residents in the area.
-28-
34B
The widening will not increase volumes on Dune Palms, and as such will have no
impact on level of service.
The widening of Dune Palms will have a beneficial impact on safety features and
existing hazards, by providing a completed street with a concrete sidewalk, and
eliminating the need for pedestrian to walk on the unpaved shoulder.
The widening will have no impact on parking capacity, insofar as a roadway
improvement does not require parking.
The roadway improvement will have a beneficial impact on alternative transportation,
by providing a sidewalk for bicyclists and pedestrians, and improvements for transit
vehicles, should a bus route be planned here in the future.
-29- 349
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XVL UTILITIES AND SERVICE
X
SYSTEMS. Would the project:
a) Exceed wastewater treatment
X
requirements of the applicable Regional
Water Quality Control Board? (General
Plan MFA, p. 58 ff.)
b) Require or result in the construction of
X
new water or wastewater treatment
facilities or expansion of existing
facilities, the construction of which could
cause significant environmental effects?
(General Plan MEA, p. 58 ff.)
c) Require or result in the construction of
X
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
Significant environmental effects?
(General Plan MEA, p. 58 ff.)
—i
d) Have sufficient water supplies
X
available to serve the project from
existing entitlements and resources, or
are new or expanded entitlements
needed? (General Plan MEA, p. 58 ff.)
c) Result in a determination the
i
wastewater treatment provider That serves
or may serve, the project that it has
adequate capacity to serve the project's
projected demand in addition to the
provider's existing commitments?
(General Plan MEA, p. 58 ff.)
I) Be served by a landfill with sufficient
X
permitted capacity to accommodate the
projects solid waste disposal needs?
(General Plan MEA, p. 58 ff)
g) Comply with federal, state, and local
X
statutes and regulations related to solid
waste? (General Plan MEA, p. 58 ff.)
XVI. a)-g) The widening of Dune Patens will have no impacts on utilities and service systems.
Existing utilities located beneath the roadway will remain. Power poles will be
-30-
3JU
relocated within the new right of way. These activities are required by the City's
standards, and will assure that utilities are not impacted.
The proposed widening will require neither water nor sanitary sewer service, and as
such will have no impact on these services.
The proposed widening will not require solid waste services, and will generate very
little solid waste, insofar as the proposed roadway widening occurs on lands which are
vacant or developed with landscaping. Any construction waste generated by the project
will be disposed of through approved haulers, and taken to an approved construction
waste disposal facility, according to the requirements of State law.
-31-
�•.. 35
Potentially
Significant
Less Than
Significant w/
Less Than
Significant
No
Impact
Impact
Mitigation
Impact
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE --
a) Does the project have the potential to
X
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or
wildlife population to drop below self-
sustaining levels, threaten to eliminate a
plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
b) Does the project have the potential to
X
achieve short-term, to the disadvantage
of long-term environmental goals?
-
c) Does the project have impacts that are
i
X
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable
future projects)?
d) Does the project have environmental
X
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
XVII. a) The project site contains no significant biological, historic or archaeological resources.
The roadway improvements installed in conjunction with the widening of Dune Palms
will encompass an area of 24,000 square feet, on lands which have been significantly
impacted previously.
XVII. b) The widening of Dune Palms is a long teen goal of the General Plan, insofar as the
proposed improvements will bring this currently substandard roadway to its ultimate,
General Plan designation of Secondary Arterial.
XVII. c) The widening of Dune Palms will have no cumulative impacts. The widening is
occurring in response to growth in the area, not to stimulate growth, and will result in
beneficial improvements for traffic in the area.
XVII. d) The construction process could have short term noise impacts, which could affect
human beings. The mitigation measures included in this document, however, assure
that impacts will be reduced to less than significant levels.
-32-
•• 35
XVIII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for
review.
General Plan EIR, 2002.
b) Impacts adequately addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to applicable
legal standards, and state whether such effects were addressed by mitigation measures based
on the earlier analysis.
Not applicable.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation
Incorporated," describe the mitigation measures which were incorporated or refined from the
earlier document and the extent to which they address site -specific conditions for the project.
Not applicable.
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353
ATTACHMENT 4
PETERSON LAW GROUP
PROFESSIONAL GORPORATION
SUITE 5270
707 WILSHIRE BOULEVARD
LOS ANGELES, CALIFORNIA 90017
TELEPHONE (213) 236-9720
FAGETYULE (213) 236-9724
April 14, 2010
Les Johnson, Planning Director
City of La Quinta Planning Department
78495 Calle Tampico
La Quinta, California 92253
Email: ljohnson@la-quinta.org
Facsimile: (760) 777-1233
Via Facsimile and Email
Re: Comments Re: Dune Palms Road Widening Proicet
Environmental Assessment 2010-609 (Westward He to Whitewater Channel)
Request for Environmental Impact Report
Dear Mr. Johnson:
Please communicate these comments to the Honorable Members of the City Council and
ensure this letter finds a place in the official record related to the above -referenced matter.
A Mitigated Negative Declaration is not appropriate because there is at least a fair
argument that the proposed project will have a significant impact on the environment.
The proposed road widening project will have a significant environmental impact. An
Environmental Impact Report should be required instead of a Mitigated Negative Declaration.
Within the area where Dune Patens Road is proposed to be widened are Horizon High School, the
Jehova's Witnesses' church, and our client the Dune Patens Mobile Estates mobile home park
("Dune Palms").
The proposed road widening and increased traffic capacity will have a significant effect on
the environment. It will negatively impact on the ease and safety of ingress and egress from Dune
Palms, and will cause danger to children and other residents of Dune Palms, as well as
churchgoers and students.
"[I]f a lead agency is presented with a fair argument that a project may have a significant
effect on the environment, the lead agency shall prepare an EIR even though it may also be
presented with other substantial evidence that the project will not have a significant effect. CEQA
Guidelines Section 15064 (14 Cal. Code Regs. 15064); and see No Oil v. City of Los Angeles, 13
Cal.3d 68 (1975).
"`Environment' means the physical conditions which exist within the area which will be
�. 354
Les Johnson, Planning Director
City of La Quinta
April 14,2010
Page 2 of 2
affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of
historic or aesthetic significance." Cal. Pub. Resources Code §21060.5.
A project may have a "significant effect on the environment" if it has the potential to
degrade the quality of the environment or the environmental effects of a project will cause
substantial adverse effects on human beings, either directly or indirectly. Cal. Pub. Resources
Code §21083.
Specific impacts upon Dune Palms and its residents include: (i) removal of the shoulder to
the present one -lane road, which currently allows cars to slow outside out of the travelled lane,
will make it dangerous to turn into Dune Palms; (ii) the proposed lane addition will move high-
speed traffic up to twelve feet closer to the Dune Palms' residences, caretakers' house and
swimming pool, significantly increasing noise and air pollution impacts on residents; and (iii)
reasonably foreseeable increases in both traffic volume and speeds will significantly increase
noise and air pollution impacts on the residents.
The proposed road widening project will thus have direct and indirect physical changes on
the environment. The economic and social impacts upon the residents of Dune Palms, including
the potential need for them to move, reduced safety and quality of life establish that the physical
impacts of the proposed project will be significant.
For the foregoing reasons, the proposed project should not proceed under a Mitigated
Negative Declaration, and we ask that the City require preparation of an Environmental Impact
Report.
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