Desert Hot Springs City Council
September 6, 2022

City of Desert Hot Springs

ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, September 6, 2022
Council Chambers
CLOSED SESSION - 4:30 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session items.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Joseph Miner. v. City of Desert Hot Springs, et al.; US District Court, Central District; Case No. 8:22 CV-01043 CAS MAA

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Renato De La Rosa et. al.; PSC1802371

City Council
September 6, 2022

4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Southern California Edison v. California State Board of Equalization, et al Orange County Superior Court, Case Number 30-2020- 01258109-CU-MC-CJC
PRESENTATIONS - 5:30 P.M.

Proclamation Presented to First Community Baptist Church Recognizing Their 75th Anniversary
Mayor Matas and the City Council presented a Proclamation to the First Community Baptist Church in recognition of their 75th Anniversary.

Coachella Valley Rescue Mission Presentation
Scott Wolf, Development Director, and Kimberly McKinney, Grants Administrator, presented an overview of the services offered by the Coachella Valley Rescue Mission and responded to questions.

REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

INVOCATION
Pastor James Baylark gave the Invocation.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Gardner led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

City Council
September 6, 2022

APPROVAL OF AGENDA
ACTION: Approve the September 6, 2022 Regular Meeting agenda and approve the Consent Calendar in its entirety.

Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

PUBLIC COMMENTS
1) Jennifer Shannon announced the Fall Festival event at the Miracle Springs Resort & Spa and Desert Hot Springs Spa Hotel.
2) Roberta Rodriguez spoke regarding the John H. Furbee Aquatics Center. 3) Dr. Rainbow Casey spoke regarding the John H. Furbee Aquatics Center. 4) Emory Lesco spoke regarding the Fall Festival event at the Miracle Springs Resort & Spa and Desert Hot Springs Spa Hotel.
5) Tom Moen stated that the Desert Hot Springs Spa Hotel would be celebrating their 43rd anniversary; and expressed safety concerns regarding Highway 62. 6) Jeffrey Holman provided updates and announcements regarding the Greater Coachella Valley Chamber of Commerce and Desert Hot Springs Rotary.

CITY MANAGER REPORT
Luke Rainey, City Manager, introduced new employees Kyle Morris, Information Technology Network Engineer, and Sean Smith, Economic Development Director.

Geoffrey Buchheim, Administrative Services Director, provided a financial update.

Nicholas Haecker, Public Works Director, provided status updates regarding various projects.

MAYOR AND COUNCIL MEMBER REPORTS
Council Member Betts reported on the various meetings and events he attended.

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Council Member Nuñez reported on the various meetings and events he attended.

City Council
September 6, 2022
Council Member Pye reported on the various meetings and events she attended.

Mayor Matas reported on the various meetings and events he attended.

ADMINISTRATIVE CALENDAR:

5. Award Professional Services Agreement for the Engineering Design of the Line C-1 Storm Drain Improvements
Recommendation:

Authorize the City Manager to execute the Professional Services Agreement for the Design of the Line C-1 Storm Drain Improvements with Albert A. Webb Associates, Incorporated in the amount not to exceed $336,052 with a contingency of $33,605 for any additional work as approved by the City, which brings a total budget of $369,657, with substantive changes, not including price, to be negotiated and executed by the City Manager.

Staff Report - SR-22-202 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

6. Agreement with Riverside County for Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Project
Recommendation:

Authorize the City Manager to execute the service agreement between the City of Desert Hot Springs and the County of Riverside in the amount of $46,998.90 for the completion of the Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements Project.

Staff Report - SR-22-199 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

City Council
September 6, 2022

7. Agreement for Maintenance of Shared Traffic Signals and Safety Lighting with the City of Palm Springs
Recommendation:

Authorize the City Manager to execute the maintenance agreement between the City and the City of Palm Springs for the maintenance of shared traffic signals and safety lighting.

Staff Report – SR-22-197 – Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:

8. City Council Regular Meeting Minutes: August 2, 2022 City Council Special Meeting Minutes: August 23, 2022
Staff Report - SR-22-203 - Pdf
ACTION: Approved the Minutes as presented.

9. Contracts Management Report as of August 15, 2022
Staff Report - SR-22-201 - Pdf
ACTION: Received and filed.

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 6:53 P.M.

Jerryl Soriano, CMC, City Clerk

SR-22-202
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 6, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Award Professional Services Agreement for the Engineering Design of the Line C-1 Storm Drain Improvements
RECOMMENDATION:

Authorize the City Manager to execute the Professional Services Agreement for the Design of the Line C-1 Storm Drain Improvements with Albert A. Webb Associates, Incorporated in the amount not to exceed $336,052 with a contingency of $33,605 for any additional work as approved by the City, which brings a total budget of $369,657, with substantive changes, not including price, to be negotiated and executed by the City Manager.

BACKGROUND:

On April 19, 2022, the City entered into a Funding Agreement with Riverside County Flood Control and Water Conservation District for the completion of the design and construction of the Line C-1 Storm Drain Improvement Project identified in the City of Desert Hot Springs Master Drainage Plan.

The Line C-1 Storm Drain Improvement Project includes the design and construction of a new storm drain that will extend from Deodar Avenue to Panorama Drive, and will eliminate flooding from the intersections of Deodar Avenue and Redbud Road to Panorama Drive and Calle Amapola. Line C-1 will also prevent road closures to Hacienda Avenue and other residential streets in this area.

DISCUSSION:

On July 6, 2022, the City of Desert Hot Springs released a Request for Proposal (RFP) for Engineering Design for the Line C-1 Storm Drain Improvement Project. The RFP was posted on the City’s website.

The RFP closed on August 3, 2022, and the City received seven (7) proposals from the consultant firms listed below.

Staff completed independent evaluations for each proposal and ranked each firm based on the following criteria:

1. Conciseness, responsiveness, and completeness of the proposal to the information requested, objectives, and deliverables as outlined in the RFP.

2. Prior experience, qualifications, references, and past performance with similar projects.

3. Staff and sub-consultant staff qualifications.

4. Proven ability to provide responsive project management staff and a superior level of client service.

SR-22-202

5. Project schedule
The result of the rankings was as follows:

Consultant Evaluator
1 Evaluator
2 Evaluator
3 Average Rank Total Bid
Albert A.

Webb
Associates
95 86 85 88.67 1st $336,052
Kimley-Horn 85 88 88 87 2nd $352,635
MBI 90 80 83 84.33 3rd $367,280
ERSC 85 53 55 64.33 4th $340,185
Onward
Engineering 45 70 66 60.33 5th $219,405
Valued
Engineering 60 55 53 56 6th $185,900
TKE 75 42 43 53.33 7th $149,000
After staff completed the qualification evaluations, the bid proposal for each consultant were reviewed and accepted based on competitiveness.

Based on the qualification evaluations and the bid proposals, staff found Albert A. Webb Associates, Incorporated to be the most qualified consultant.

Staff recommends that the City Council authorize the City Manager to execute the Professional Services Agreement for the design of the Line C-1 Storm Drain Improvement project with Albert A.

Webb Associates, Incorporated in the amount not to exceed $336,052 with a contingency of $33,605 for any additional work as approved by the City, which brings a total budget of $369,657,with substantive changes, not including price, to be negotiated and executed by the City Manager.

FISCAL IMPACT:

All design costs associated with the Line C-1 Storm Drain Improvement project are being reimbursed by Riverside County Flood Control and Water Conservation District, therefore there is no fiscal impact.

ATTACHMENTS:

Exhibit 1 - RFP - Line C-1 Storm Drain Improvement Project Exhibit 2 - Professional Services Agreement - Line C-1 Storm Drain

The City of Desert Hot Springs requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for the Line C-1 Storm Drain Improvement Project.

Project Limits:

The storm drain project extends from the upstream limits at Deodar Avenue and Redbud Road to the Panorama Drive and Calle Amapola, as shown on the attached Location Map.

Purpose:

The purpose of the project is to reduce flooding along Hacienda Avenue between Calle Amapola and Redbud Road. The storm drain will collect flows tributary to the Redbud Road and Deodar Avenue intersection, which currently discharges into an earthen channel that crosses and floods Hacienda Avenue and adjacent residences. The storm drain will extend along Redbud Road, Hacienda Avenue, and Calle Amapola to Panorama Drive. The system will include laterals and catch basins at key locations throughout the length of the system. The hydrology and preliminary hydraulic analyses have been provided by Riverside County Flood Control and Water Conservation District and shall be utilized for the basis of the design.

Services Requested:

Services and products to be rendered in performing all work associated with project development may include, but may not be limited to:

A. Perform utility coordination and obtain any necessary clearances and permits.

B. Perform appropriate engineering related field survey and prepare base map.

C. Prepare storm drain improvement plans.

D. Prepare a Project Design Report which consists of supporting calculations for the storm drain design.

E. Prepare plans, contract documents, bid documents, special provisions and engineer’s estimates of probable construction costs.

F. Construction Phase – Technical Oversight
Proposal Format:

Cover Letter, Company Portfolio, Similar Project History, Scope of Work, Work Schedule, Fee Proposal, and Schedule of Fees.
11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org

CITY OF DESERT HOT SPRINGS

PUBLIC WORKS

ENGINEERING & OPERATIONS

Please submit your proposal via email with subject Line C-1 Storm Drain Improvement Project to Jilleen Ferris, City Engineer, at [email protected] by 2:00 PM, August 3, 2022.

If you have any questions regarding this Request For Proposal, please contact Jilleen Ferris at (760) 329-6411 ext. 220.

Attachment:

1. Project Scope Map

HACIENDAAVE

CALLE AMAPOLA

MCCARGER RD

DEODAR AVE
PANORA
M
A DR

AVENIDA LA VISTA

CATALPAAVE

REDBUD RD

CALLE CERRITO

BEECH AVE
VIA

DOMINGO

CALLE BLANCO

CALLE AZTECA

SKY RIDGE WAY

MOUNTAIN TOP CT

SCENIC CREST CIR

RIDGE CREST WAY

CLUB CIRCLE DR

ACACIAAVE

CALLE BONITA

AVENIDA SERENA

AVENIDA HERMOSA

BIRCH RD

CALLE LAS TIENDAS

SKYLINE DR

MONUMENT ST

AVENIDA ALTA LOMA

PROSPECT WAY

SUMMIT VIEW CT

VALLEY VIEW CT

ELM AVE

ALPINE CIR
PANO
RA
M
A
CT
Project No.:

Engineer:
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6 1 5
3 7
4 2
Date Created:

RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT DESERT HOT SPRINGS MDP LINE C-1 TH
03/28/2022
Description
0 300 600
Feet
.

Legend
LINE C-1 ALIGNMENT
City of DHS Basin
FCGIS.ASSESSOR.PARCELS
Project Location
6-8-00034-01
The project proposes to alleviate on-going
residential and street flooding from the
intersections of Deodar Avenue and
Redbud Road to Panorama and Calle
Amaposa, in the City of Desert Hot Springs.

The downstream alignment differs from the
MDP to outlet the City's existing basin. The
project consist of approximatly 4200 LF of
RCP (ranging in size from 48" - 60") and
modifications to the existing retention basin.

EXHIBIT 1
A

DESIGN PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
ALBERT A. WEBB ASSOCIATES
This Professional Services Agreement (“Agreement”) is made and entered into this 6 day of September, 2022, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Albert A. Webb Associates, a Corporation, hereinafter referred to as “Consultant.”
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to perform Engineering Services for the Line C-1 Storm Drain Improvements; as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS

AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND

VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services as set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein by this reference, at the time, place, and in the manner specified therein, in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. In the event any conflict exists between this Agreement and the Scope of Services, on the other hand, the former shall supersede.

Section 3. TERM

This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall be effective until completion per approved project schedule.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the consulting services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, an amount not to exceed THREE HUNDRED THIRTY-SIX THOUSAND FIFTY-TWO DOLLARS ($336,052.00), in accordance with the Cost Proposal contained in the Scope of Services.

Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:

Jilleen Ferris, City Engineer
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411 ext.22
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request.

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.

b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.

c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successorin-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS

OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.

(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.

(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials

Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.

Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:

(i) the making or any governmental decisions regarding approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract; (iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 15. PROFESSIONAL ABILITY OF CONSULTANT; WARRANTY; FAMILIARITY WITH WORK; PERMITS AND LICENSES
a. 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.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed; (2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and

(4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative. d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
e. Standard of Care. Services shall be performed by Consultant in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care in California. Consultant shall perform such services and duties in conformance with and consistent with that degree of care and skill consistent with the generally accepted professional standards prevailing at the time the work is performed. In addition, Consultant represents that its work product does not infringe on any other copyrighted work. If Consultant’s work does infringe on any other copyrighted work, this constitutes willful misconduct under this Agreement.
f. Independent Evaluation. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations, and all other contingencies or design considerations. Data calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local or other conditions is not warranted or guaranteed, either expressly or impliedly, by the City.
g. Licenses. Consultant represents and warrants to the City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which is legally required to practice its profession as well as perform the services as set forth herein. Consultant represents and warrants to the City that it shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession.

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:

(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis.

Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.

The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof. (3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging

negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or subconsultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers.

The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

d. Certificates of Insurance. , Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof. 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.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.
h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.

Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Jilleen Ferris, City Engineer
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411, ext.220
Email: [email protected]
To Consultant: Bruce Davis, Senior Vice President
Albert A. Webb Associates Incorporated
3788 McCray Street
Riverside, CA 92506
Telephone: (951) 248-4235
Email: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES

If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the work described in the Scope of Services that is not finished by Consultant.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship

between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. In approving this

Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the consultant does not control. Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by acts of god, natural disasters, epidemics, pandemics, quarantine restrictions, or adverse weather.

Section 33. PRINCIPAL REPRESENTATIVES
a. Jean Fares shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the services set forth in the Scope of Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of

performing the Scope of Services of this Agreement, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. The Community Development Director, Daniel Porras P.E., shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 36. PROTECTION AND CORRECTION OF WORK
a. 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. b. 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 the City, when such inaccuracies are due to the fault of Consultant.

Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 39. CUMULATIVE REMEDIES
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

Professional Services Agreement Page 18
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.

Section 40. NO THIRD-PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL REGULATIONS

To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVIAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

Section 45. FINGERPRINTING
Consultant hereby acknowledges that it is required to be livescanned (fingerprinted) by the City of Desert Hot Springs Police Department, at Consultant’s expense, prior to execution of this Agreement. In the event Consultant does not do so prior to execution, Consultant agrees to do so immediately following execution hereof.

Professional Services Agreement Page 19
Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_____________________________
Luke Rainey, Deputy City Manager

ATTEST:
_____________________________
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer A. Mizrahi, City Attorney
ALBERT A. WEBB ASSOCIATES
Incorporated
_____________________________
Bruce Davis, Senior Vice President

EXHIBIT "A"

SCOPE OF SERVICES
Proposal attached, summary below;
Project Name: Line C-1 Storm Drain Improvement Project
Project Number: 6003
Project Scope of Work:
 Prepare 30%, 60%, 90% and 100% improvement plan submittals, which include the following:
o Hydrology and Hydraulic Report
o Cost estimates
o Design Plans
o Specifications
o Traffic Control Plans
o Storm Water Pollution Prevention Plan
o CEQA Categorical Exemption
Project Limits: From Deodar Avenue to Panorama Drive
Total Design Contract: $ 336,052.00

Prepared for:

LINE C-1

STORM DRAIN

IMPROVEMENT

PROJECT
P r o p o s a l t o P r o v i d e P r o f e s s i o n a l Engineering Services for the
August 3, 2022
Revised August 24, 2022
www.webbassociates.com

Revised August 24, 2022
August 3, 2022
Jilleen Ferris
City Engineer
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
RE: Request for Proposals to Provide Professional Engineering Services for the Line C-1 Storm Drain Improvement Project
Dear Ms. Ferris:

Enclosed is Albert A. Webb Associates’ (WEBB) proposal for the Line C-1 Storm Drain Improvement Project for the City of Desert Hot Springs (City). The WEBB Team has extensive experience analyzing and designing regional drainage infrastructure and is ready to begin this work in an expedited manner with essentially no ramp up time and effort.

Project Understanding
Drainage is rarely on people’s minds, especially in the City of Desert Hot Springs during the 350 plus days of sunshine a year. However, intense desert thunderstorms do occur and cause tremendous flooding. One need not look back too far to remember the damage that storms can cause to both property and infrastructure. To help protect citizens against flooding, Riverside County Flood Control and Water Conservation District (RCFC&WCD) prepared the Desert Hot Springs Master Drainage Plan in 1982.

The City and RCFC&WCD have entered into an agreement to design and construct Line C-1 from the Master Plan. The construction of this backbone facility will be an important step in providing flood protection to the local citizens. At this time the City desires to hire a partner who understands the complexity and nuances of drainage analysis and design, RCFC&WCD requirements and processes, and who can design a constructible facility that will provide needed flood protection. Our team spent an extensive amount of time reviewing and researching this proposal and walking the project alignment in order to provide the City with an understanding of all the various complexities of this project.

Based upon our extensive experience designing regional backbone drainage infrastructure, we have developed the following approach that we recommend to see this project through approval and construction. As part of the proposal preparation, we have identified several critical issues and have developed the following steps to address said issues.

Critical Issues
• Local Hydrology Analysis and Collection of Runoff - RCFC&WCD originally prepared hydrology calculations for Line C-1 as part of the 1982 MDP. More recently RCFC&WCD revisited and updated their original hydrology and provided 10-Year design flow rates for the back bone facility. While having agreed upon flow rates is extremely helpful, it is only part of the equation. How and where these flows will be captured is extremely critical and is the key to a successful design. What greatly complicates flow collection is the steep, non-uniform street sections throughout the watershed. We will utilize 2d HEC-RAS to help us properly delineate the sub-watershed for local flow collection. WEBB has high resolution FEMA LIDAR data of the watershed and RCFC&WCD provided mapping of alignment. While we are not proposing using 2d HEC-RAS to calculate design flow rates, we can use it to model how flow will split over the very complex terrain. This will be a very useful tool in locating pickup locations and delineating Corporate Headquarters
3788 McCray Street
Riverside, CA 92506
T: 951.686.1070

the tributary areas to these locations. We have used 2d HEC-RAS for similar delineations and, properly used, it is a very effective tool in calculating the hydraulics of complex drainage areas.
• Retrofit of Downstream Basin - At the downstream
end of the project, there is a retention basin at the
southwest corner of Tract  31762-1. Runoff from the
tract discharges into the retention basin which appears to have been constructed to comply with the stormwater
quality requirements at the time. The existing Line A
attempted to capture and bypass offsite flows through
the tract. The downstream segment of Line A is a
66-inches RCP that traverses along the eastern edge of
the basin and discharges into a concrete impact wall at the southern tract boundary. It is likely the downstream portion of 66-inches RCP can be incorporated into the
C-1 Project. For RCFC&WCD to ultimately take over this
facility for operation and maintenance, they will have to have an access easement along the facility. The existing design does not provide that. An access road is not
constructed along the edge of the basin. In our initial review we marked up a potential solution that would
allow the access RCFC&WCD would require. This will
reduce some of the storage volume in the retention basin. We have included budget to analyze the retrofitted basin to ensure it will still perform its intended function.
• Connection to existing facilities - If there was unlimited funding available, there is much that could be done to address the drainage in this area of the City. As with every project, there are limited funds and competing priorities that all must be considered when determining the “best” design. Tract 31762-1 included storm drain infrastructure that was intended to capture offsite flows. To the extent that existing catch basins and drainage infrastructure can be incorporated into the project, we will do so. This could potentially help the funding stretch further. During the initial stages of the project, we will evaluate potential reuse and cost saving alternatives. We will present options to the City and RCFC&WCD. We will document the agreed upon approach in a design MOU to prevent misunderstandings as the project moves forward. Our experience is that RCFC&WCD is more flexible and receptive to out of the box approaches on partner projects compared to developer driven projects. WEBB’s close working relationship with RCFC&WCD will greatly benefit the City. We know who the decision makers are and this will help to quickly facilitate the “best” project for the City early on in the design process. • Existing Utilities - The existing residential streets have several utilities within the pavement. Some of these utilities will likely conflict with the proposed storm drain design. The proper identification and location of existing facilities is paramount to the success of this project. We have developed the following approach for utility location and relocation for this project. RCFC&WCD has provided initial mapping and utility research for the project alignment.

WEBB will perform independent utility research to verify all utilities have been properly captured. With this initial utility base map, we are able to prepare a preliminary storm drain alignment. Based on the preliminary storm drain alignment, we will have C-Below field locate and pothole utilities along the alignment. We have included a budget for eight potholes. With this we will be able to determine if any modification of the preliminary horizontal alignment is required. Where possible, WEBB will develop a design that avoids conflict with existing utilities. However in some cases, existing utilities may need to be relocated. Since utility relocation can be a very costly and lengthy process, it is critical to evaluate the utilities that may require relocation as soon as possible in the design process. It is important Conceptual Basin Retrofit to Provide
RCFC&WCD Maintenance Access

www.webbassociates.com
to determine if the City has “prior rights” and can order the impacted utility purveyor to relocate the conflicting utility. In order to provide the City with the best value for utility location and relocation, we have included budgets with C-Below and RGI Utility Consultants, Inc. that can be expanded or contracted based on the actual number of potholes and relocations required. Included with our cost proposal is our recommended number of potholes and utility relocations based on our preliminary research for the project. We propose to structure our contract so the City is only charged for the locating and relocating services determined to be necessary for this project based on the actual design.

We look forward to working with the City on this important project and welcome an opportunity to answer any questions you may have regarding our team and capabilities.

Sincerely,
Bruce Davis, PE
Senior Vice President
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
(951) 248-4235 / [email protected]
FAX 951.788.1256

TABLE OF CONTENTS
26 19
12 1
IV. WORK SCHEDULE
III. SCOPE OF WORK
II. SIMILAR PROJECT HISTORY
I. COMPANY PORTFOLIO
V. FEE PROPOSAL 27
VI. SCHEDULE OF FEES 29

1 Albert A. Webb Associates (WEBB), a Corporation, has consistently provided civil engineering services to public sector clients throughout California since 1945. This means our clients receive the benefit of a financially stable firm that has withstood many diverse economic times. WEBB is a mid-size consulting firm with offices in Riverside and Murrieta to best meet the needs of all of our clients. WEBB has 175 associates and the in-house expertise to address the needs of cities, water and special districts, counties, regional agencies, and our partner firms within the industry. WEBB offers a broad range of services to meet the objectives of our clients which include project development, planning, design, entitlement, funding, permitting, construction management, and inspection.

Service Departments Owner and Principal Parties
Firm Specifics
• Water Resources
• Construction Management and Inspection
• Land Development Engineering
• Traffic and Transportation Engineering
• Planning and Environmental
• Land Survey and Mapping Services
• Landscape Architecture
• Geographic Information Systems
• Matthew Webb, PE, TE, LS - President/CEO
• Scott Webb - Senior Vice President
• Steve Webb - Director of Risk Management
• Brian Knoll, PE- Chief Operations Officer
• Kevin W.M. Ferguson - Chief Development Officer
• Scott Hildebrandt, PE - Chief Strategy Officer
• Todd Smith - Chief Financial Officer
• Sam Gershon, RCE - Senior Vice President
• Bruce Davis, PE - Senior Vice President
• Dilesh Sheth, PE, TE - Senior Vice President
• Stephanie Standerfer - Vice President
• Jason Ardery, PE, TE, LLS, CPESC, QSD - Vice President • Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM - Director • Emily Webb, J.D. - Senior Land Use and Entitlement Specialist 1945 175 53
Founding Year Number of Employees Professional Licenses Corporate Headquarters:
3788 McCray Street
Riverside, CA 92506
951.686.1070
Murrieta:
41870 Kalmia Street #160
Murrieta, CA 92562
951.686.1070
I. COMPANY PORTFOLIO

2 WEBB’s Team has over 75 years of combined experience of working on planning, design, and implementation on related projects. As experts in municipal and stormwater engineering, our Principal-In-Charge, Bruce Davis, PE, and our Project Manager, Joseph Caldwell, PE, CPESC, CPSWQ, have developed numerous drainage projects throughout Riverside County and are familiar with the needs of our region.

WEBB understands the absolute need for strong project management. Our team will factor in all critical issues associated with schedules. Communication and coordination between an engineering consultant and the City is paramount to each project. To guarantee continuous and effective communication, our project manager, Joseph Caldwell, is assigned to serve as the primary point of contact to the City and Principal-In-Charge, Bruce Davis, will be monitoring the process as a whole and implementing the QA/QC program. This will ensure a constant and effective way of communication resulting in strong schedule control and meeting design milestones.

Joseph will be responsible for the day-to-day project and technical management of the project including:
• Facilitating frequent and consistent communications with the City • Implementing the overall delivery plan
• Managing the overall scope, schedule, and budget
• Monthly status reports on progress
• Detailed invoicing monthly
Joseph will be responsible for facilitating final decisions by the City, coordination, management, communicating with the project team and City project manager, and preparing and reviewing design deliverables.

Project Manager Overview
Joseph Caldwell, PE,

CPESC, CPSWQ, QSD,
CFM
Water Resources Practice Leader
Joseph Caldwell, PE, is the Practice Leader of WEBB’s Water Resources Department. Joseph focuses on the development of master drainage plans, the design of backbone drainage infrastructure, and the design of water quality systems for flood control projects throughout the region. A Certified Professional in Erosion and Sediment Control and Storm Water Quality, Joseph is a specialist in water quality and environmental compliance and an expert in hydrology and hydraulics.

Joseph’s experience includes the design of regional flood control basins, a flood control levee, master drainage plans, and the design and construction of several miles of backbone drainage infrastructure. Joseph’s extensive knowledge of local agencies’ design standards and procedures, and effective working relationships with agency staff, enable him to expedite projects through completion.

3 The following chart provides an overview of key personnel who will be responsible for the City’s project.

Stephanie Standerfer
Vice President
CEQA Documentation
Ranjit Singh, PE
Senior Engineer
Water Resources
Autumn DeWoody
Senior Environmental Analyst
Water Resources Planning
Potholing
C Below
RGI Utility Consultants, Inc
Biological and
Cultural Resources
South Environmental
Geotechnical
Geocon, Inc.

IN-HOUSE SUPPORT SERVICES

POTENTIAL SUBCONSULTANT SERVICES
Bruce Davis, PE
Senior Vice President
Principal-In-Charge
Joseph Caldwell, PE, CPESC, CPSWQ, QSD, CFM
Water Resources Practice Leader
Project Manager
Michael Johnson, LLS
Practice Area Leader
Land Survey & Mapping
Jon Ros, LLS
Professional Land Surveyor
Land Survey & Mapping

KEY PERSONNELORGANIZATION

4 Joseph Caldwell, PE, CPESC, CPSWQ, QSD,

QSP, CFM
Water Resources Practice Leader
Joseph Caldwell, PE, is the Practice Leader of WEBB’s Water Resources Department.

Joseph focuses on the development of master drainage plans, the design of backbone drainage infrastructure, and the design of water quality systems for flood control projects throughout the region. A Certified Professional in Erosion and Sediment Control and Storm Water Quality, Joseph is a specialist in water quality and environmental compliance and an expert in hydrology and hydraulics.

Joseph’s experience includes the design of regional flood control basins, a flood control levee, master drainage plans, and the design and construction of several miles of backbone drainage infrastructure. Joseph’s extensive knowledge of local agencies’ design standards and procedures, and effective working relationships with agency staff, enable him to expedite projects through completion.

REGISTRATIONS
Registered Civil Engineer C 67239 (CA)
76114 (AZ)
030017 (NV)
Certified Professional in Erosion and
Sediment Control (CPESC) 5311
Certified Professional in Stormwater
Quality (CPSWQ) 544

EDUCATION
MS, Civil Engineering
Brigham Young University
BS, Civil Engineering
Brigham Young University

CERTIFICATIONS
Qualified SWPPP Developer
(QSD) 00076
Qualified SWPPP Practitioner
(QSP) 00076
Association of State Floodplain Manager,
Inc. (ASFPM)
Certified Floodplain Manager (CFM)

AFFILIATIONS
American Society of Civil Engineers (ASCE)
American Public Works Association (APWA)
California Storm Water Quality Association
(CASQA)
Floodplain Management Association (FMA)
University Wash Channel, Riverside County Flood Control & Water Conservation District - Joseph was Technical Lead for the University Wash Storm Drain Project including the planning, analysis, and design of a large diameter master plan storm drain that connects existing upstream and downstream facilities together. This project was unique in that the 2,450-LF, 90-inch RCP required for this project had to be designed to maneuver its way through a developed industrial corridor of the City.

Key to this project was the coordination with local businesses to ensure construction of the storm drain minimized impacts to business operations.

Hemet MDP Line C, Stage 4, County of Riverside Flood Control and Water Conservation District - Joseph was the Project Manager for the Hemet MDP Line C, Stage 4 Project. The extension of the Hemet MDP Line C was an important component to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. The extension of the Hemet MDP Line C was an important component to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. This segment of the Master Plan Facility represents the middle one third of the entire Line C System. The critical component of this project was implementing a master planned facility in a highly urbanized area of the City extremely constrained by multiple utilities. WEBB completed a Preliminary Design Report that outlined the most feasible alignment for this facility. WEBB is currently preparing final design plans and specifications for this backbone drainage facility.

Heacock Channel Design Project, March Joint Powers Authority - Joseph served as the Project Manager for Phase 3 of the Heacock Channel Design Project for the March Joint Powers Authority. The project included the preparation of final improvement plans, traffic control plans, and a hydrology and hydraulic report for approximately 3,600-LF of the channel. The project extends from Lateral A of the Perris Valley Storm Drain north along Heacock Avenue to the southern end of an

KEY PERSONNEL RESUMES

5 existing land fill. WEBB’s services also included project management and coordination throughout the duration of the project including attendance at project design team meetings, quality control services, and all other processing of improvement for necessary project approvals.

Wildwood Creek Basin, City of Yucaipa (City) - Joseph served as the Project Manager for design of a multi-purpose watershed basin in Wildwood Creek in the City of Yucaipa. WEBB provided engineering services that accommodated the critical needs of the City. This project is located in the middle of a major watercourse. The watershed tributary to the project is over 4,000 acres and the creek is designated on the Flood Insurance Rate Map by FEMA. The City’s goal was to reduce the peak flow utilizing a series of detention basins that in turn will reduce peak flow rates downstream and reduce the burden on those downstream facilities. This reduction in peak flow rates was accomplished through the removal of sediment/debris load and the attenuation of peak flooding through the use of the proposed basins. In addition to providing flood control benefits, this project also provided certain environmental and water quality benefits. To do this, the flood control facilities were developed in such a manner so the construction preserves riparian vegetation, where possible, and implements other measures for environmental and water quality impacts. In order to accomplish this, WEBB reviewed the conceptual design and provided a more precise analysis of the level of flood control protection the basins will provide. WEBB also prepared detailed hydrologic, hydraulic, and sediment transport models to determine the peak runoff rates, flood volume, and debris load.

North Indio Regional Flood Control Channel Project, Coachella Valley Water District (CVWD) - Joseph is the Technical Lead for the North Indio Regional Flood Control Channel Project which is a key component of the CVWD flood protection mission in the Coachella Valley. The project will complete the link between existing flood control facilities in the north Indio area, providing increased flood protection for the region. The project consists of over three miles of concrete lined trapezoidal and rectangular channels, including numerous culvert crossings of existing and future streets. To date, WEBB has prepared the hydraulic analysis, preliminary design, and environmental documentation for the project. WEBB is currently in the process of preparing the final design plans, specifications, and estimates. WEBB is also responsible for preparing the CLOMR and providing public outreach and right-of-way acquisition services.

San Jacinto River Stage 3 Master Drainage Plan, Riverside County Flood Control & Water Conservation District (District) - Joseph served as Project Manager for the WEBB Team responsible for reviewing the current hydrological model, analyzing potential alternative models, and working with the District to decide the best option based for the current Master Drainage Plan. This project consisted of preparation of conceptual drawings for the Master Plan addressing all key elements such as floodplain management, flood control features, environmental preservation, development opportunities, effects on regional infrastructure, right-of-way requirements, and order of magnitude cost. WEBB worked directly with the District to prepare the planning study, coordinated with all stakeholders, and presented all findings to the Advisory Board with recommendations for the next steps (i.e., MSHCP compliance, CEQA strategy, land development constraints, and floodplain management). WEBB is currently working on the final MDP and EIR for the District.

Bedford Wash Channel, Riverside County Flood Control and Water Conservation District - Joseph is the Project Manager for the Bedford Wash Channel upstream on the McMillan Property. Services provided included finalizing the 30% design, preparation of all necessary studies, and designs for the final construction drawings, preparation and processing of the Cooperative Agreement and Agency approvals as well as providing on-going coordination with the overall project team during the design of the overall project and with the environmental consultant to assist with obtaining any regulatory permits associated with the channel construction. WEBB provided three iterations of channel design from the point the project was secured, when it was a completely lined concrete channel. Through WEBB’s recommendation, the project stakeholders strategically selected to move toward transitioning the channel to a soft bottom.

Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM
Water Resources Practice Leader

6 REGISTRATIONS:

Registered Civil Engineer
C 47200 (CA)
YEARS OF EXPERIENCE:
34 Years
EDUCATION:

BS Civil Engineering, California State
Polytechnic University, Pomona
AFFILIATIONS:

American Public Works Association (APWA)
American Water Works Association (AWWA)
California Water Political Action Committee
(CalWater PAC)
Association of California Water Agencies
(ACWA)
Coachella Valley Economic Partnership
(CVEP)
League of California Cities
Bruce Davis is a Senior Vice President of Albert A. Webb Associates (WEBB).

Bruce has been a full-time employee of WEBB since 1986. Bruce currently serves as Director of Water Resources. As Director, he oversees all water and wastewater projects performed by the firm. Since 2018, Bruce has taken the lead representing WEBB in matters involving engineering standard of care and risk management.

Bruce is a registered civil engineer in the State of California.

Bruce has served as Principle-in-charge for well over one hundred regional infrastructure projects. His experience includes planning, design and support during construction of water, wastewater, drainage and transportation projects on behalf of clients including Eastern Municipal Water District, Coachella Valley Water District, Jurupa Community Services District, and cities of Corona, Murrieta, Rancho Mirage, Ontario, Grand Terrace, Rialto and Cathedral City. Project types include pipelines from 8-inch diameter up to 60-inch diameter, pumping ranging in size from one hundred gallons per minute to over 5,000 gallons per minute and storage facilities ranging in capacity from five hundred thousand gallons to over twenty million gallons, roadways, signals, storm drains and basins. Recent water industry projects include O’Ferrelll Street Booster Pump Station, Redlands/Hemlock Booster Pump Station, Longview and Watson Roads pipelines, Perris II Desalter pipeline and Markham

7.0-million-gallon storage tank.

Along with experience with regional infrastructure projects, Bruce has extensive knowledge and experience with survey, planning, entitlement, development (residential and commercial) and environmental services. His extensive experience translates to an understanding of all steps required to successfully complete a project efficiently and on schedule. Bruce has served as an expert witness in matters involving land use, entitlements and drainage.

Bruce is a member of and/or involved with American Public Works Association, American Water Works Association, Association of California Water Agencies and League of California Cities. He served several years as a Board member of CalWater PAC which is a political action committee advocating for issues important to California’s water supply. Bruce serves as an excellent resource for his clients on current issues and trends in our region.

Bruce Davis, PE
Senior Vice President

7 Ranjit Singh, PE
Senior Engineer
Ranjit Singh, PE, is a Senior Engineer with WEBB’s Water Resources Department.

Ranjit has years of diverse engineering experience with deep expertise in hydrology, hydraulics, Water Quality Management Plans, grading, and drainage design. He has helped clients prepare preliminary design reports, alternative analysis studies, and final design plans for flood control infrastructure projects. He also has experience designing storm drain systems for residential, commercial, industrial, and public agency projects.

In addition to Ranjit’s extensive experience with drainage project design, he offers strong civil site development and public project background. His expertise includes development of site grading plans, street improvement plans, sewer plans, bike trail plans, Water Quality Management Plans, Stormwater Pollution Prevention Plans, and railroad grade crossing improvement plans. His field experience includes survey, construction staking, construction observation, and support.

REGISTRATIONS
Registered Civil Engineer C 68716 (CA)

EDUCATION
MS, Civil Engineering
University of Toledo
BS, Civil Engineering
Sardar Patel COE,
Mumbai India
AS, Civil Engineering
K.J. Somaiya Polytechnic,
Mubai, Iindia

AFFILIATIONS
American Society of Civil Engineers (ASCE)
Air & Waste Management Association
(AWMA)
American Water Works Association ( AWWA)
Water Environment Federation (WEF)
Bedford Wash Channel, Riverside County Flood Control and Water Conservation District - Ranjit served as the Assistant Project Manager for the Bedford Wash Channel upstream on the McMillan Property, providing preliminary planning and engineering services. Services provided included finalizing the 30% design, preparation of all necessary studies, and designs for the final construction drawings, preparation and processing of the Cooperative Agreement and Agency approvals as well as the coordination with the environmental consultant to assist with obtaining the regulatory permits associated with the channel construction.

WEBB provided three iterations of channel design from the point the project was secured, when it was a completely lined concrete channel. Through WEBB’s recommendation, the project stakeholders strategically selected to move towards transitioning the channel to a soft bottom. Several iterations were performed to strike the right balance between restricting rock/debris movement and allowing sediment to pass on downstream. The finished constructed project now has a more natural looking soft bottom channel that satisfied the design requirements of flood control and also met the environmental constraints in terms of least impact to the existing habitat.

Heacock Channel Design Project, March Joint Powers Authority - Ranjit served as a Project Engineer for Phase 3 of the Heacock Channel Design Project for the March Joint Powers Authority. The project included the preparation of final improvement plans, traffic control plans, and a hydrology and hydraulic report for approximately 3,600 LF of the channel. The project extends from Lateral A of the Perris Valley Storm Drain north along Heacock Avenue to the southern end of an existing land fill. WEBB’s services also included project management and coordination throughout the duration of the project including attendance at project design team meetings, quality control services, and all other processing of improvement for necessary project approvals.

8 Stephanie Standerfer
Vice President
Stephanie Standerfer is a Vice President and Director of WEBB’s Planning and Environmental Department. Stephanie has worked as an environmental planning project manager, focusing on California Environmental Quality Act (CEQA) matters for small, medium, and large public and private projects. Stephanie has managed all levels of CEQA documents for healthcare clients, community college districts, water districts, cities, counties, and private developers. Her varied project experience allows her to foresee and navigate challenges that arise during CEQA compliance. As an expert in CEQA implementation throughout Inland Southern California, she also provides local agencies training in CEQA processing. She regularly oversees and coordinates with large teams of environmental planners, engineers, and architects and actively assists her clients through the environmental compliance gauntlet.

Stephanie served as contract staff to the Western Riverside County Regional Conservation Authority (RCA), the agency responsible for implementing the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). In this role, she provided processing, review, and consultation on MSHCP implementation procedures and policies. She provided training and policy guidance documents to not only the RCA but all permittees which included all 17 cities in western Riverside County. In this capacity she regularly interfaced with regulatory agencies working toward solutions to MSHCP compliance issues. Stephanie’s experience with the RCA has resulted in a solid amicable working relationship with the regulatory agencies which allows her to anticipate issues on projects before they arise and advise clients accordingly.

EDUCATION
MS, Environmental Sciences,
Washington State University
Pullman, WA
BS, Environmental Sciences,
University of California
Riverside

AFFILIATIONS
American Planning Association (APA)
Association of Environmental Professionals
(AEP)
City of Riverside Cultural Heritage Board,
Chair (2003–2011)
• Indio Public Safety Campus, City of Indio
• Valle Vista Closed Landfill Drainage & Slope Repair Project, Riverside County Department of Waste Resources
• Pedley Landfill MSHCP and Permitting, Riverside County Department of Waste Resources
• Bio Monitoring for Corona Landfill, Riverside County Department of Waste Resources
• Wastewater Treatment Plant Upgrade and Brineline, IS/MND, CEQA-Plus & CEQA, City of Beaumont
• Irwin and Linda Vista Reservoirs and Transmission Mains, GSWC • Mission Inn Booster Pumping Station - CEQA Services, City of Riverside • Master Sewer and Water Plan, Jurupa Community Services District

9 Autumn DeWoody
Senior Environmental Analyst
Autumn DeWoody, CPSWQ, is a Senior Environmental Analyst with WEBB’s Planning and Environmental Department. Autumn offers clients a bridge between our technical municipal and stormwater engineering services and environmental documentation.

She regularly partners with WEBB’s project managers to prepare various planning documents on behalf of our water, wastewater, and flood control district clients. In addition, Autumn offers private and public clients jurisdictional delineations and regulatory permitting services as well as environmental monitoring at construction sites to ensure compliance with Mitigation, Monitoring, and Reporting Plans (MMRPs). She has been repeatedly commended by clients on the frequency and helpfulness of timely updates during permit processing.

Autumn is a certified Level 1 Water Audit Validator and has also prepared Water Supply Assessments and Urban Water Management Plans for a variety of public and private clients. As a result, she appreciates the importance of timely client communication in order to collect pertinent data that is sufficiently detailed and accurate to provide a thorough reflection of the project. This data collection, communication, and collaboration early in the project has proven to keep projects on schedule and budget. She is familiar with the intricacies of complex water supply portfolios and the technical components of planning for future water demands.

Autumn brings a decade of water-related experiences in the Inland Empire including local university research in stormwater management, to non-profit water quality advocacy and on the-ground improvement projects, to commercial wet-chemistry laboratory work. Using her strong analytical skills at WEBB, Autumn reviews the hydraulic and/or hydrologic technical studies and ensures clients are provided the most current data on permitting regulation, surface and ground water quality, and local hydrology. • Valle Vista Closed Landfill Drainage & Slope Repair Project, Riverside County Department of Waste Resources
• Pedley Landfill MSHCP and Permitting Project, Riverside County Department of Waste Resources
• Biological Monitoring for Corona Landfill, Riverside County Department of Waste Resources
• Regulatory Permitting for Distribution Warehouse, City of Banning. • Wastewater Treatment Plant Upgrade and Brineline, CEQA and CEQA-Plus, Permitting, City of Beaumont
• Regulatory Permitting for several housing tracts along Salt Creek including Aspen Pointe and Crossroads, Winchester, Unincorporated Riverside County. • Banning Water Canyon Pipeline Replacement Project, Regulatory Permitting, City of Banning
• Haun Road and Holland Road Mixed-Use 37-Acre Site IS/MND - Jurisdictional Delineation and Regulatory Permitting, City of Menifee
• Regulatory Permitting Services for Lateral B-5 of Perris Valley Storm Drain Channel, City of Perris

EDUCATION
MS, Environmental Sciences
University of California, Riverside
BS, Environmental Sciences
University of California, Riverside

CERTIFICATIONS
Certified Level 1 Water Audit Validator

AFFILIATIONS
Association of Environmental Professionals
(AEP)
Groundwater Resources Association of
California (GRA),
Southern California Chapter

10 Michael Johnson, LLS
Survey Practice Area Leader
Michael Johnson, LLS, is the Survey Practice Area Leader of WEBB’s Land Survey & Mapping Department. Michael has years of experience in all aspects of surveying from initial project coordination and research, performing survey data adjustments and analysis, to overseeing and providing construction staking through final as-built and ALTA surveys.

Michael trained and supervised several field crews including technical office and support staff. From entitlement to field survey and construction to delivery of a completed product, Michael has the knowledge and experience to provide the entire range of services any municipal, private development, or construction company has come to expect. As part of the private and public sector of development, Michael gained experience with subdivisions, retail centers, commercial distribution centers, pipelines, tank site & reservoir projects, mass grading and hillside slope projects, hospitals, schools, training facilities for fire & police, highways, channels, parking structures, and many others.

Michael is responsible for providing technical support, survey analysis, overseeing field work and management for specific projects, and field data processing and adjustments, among many other duties. He provides his expertise and broad range of skills for solutions to complex and large scale projects.

REGISTRATIONS
Licensed Land Surveyor 7673 (CA)

EDUCATION
AS, Mathematics,
Riverside Community College

AFFILIATIONS
California Land Surveyors Association
(CLSA)
Jon Ros, LLS
Land Surveyor
Jon Ros, LLS, is a Professional Land Surveyor with WEBB’s Land Survey and Mapping Department. He is a project surveyor with years of land surveying experience. His responsibilities include field to finish data management utilizing various cad platforms, analysis of survey data, preparation of land title descriptions and exhibits, right-of-way engineering for Caltrans, the preparation of maps (subdivision), title documents, reports, earthwork calculation, project exhibits, and survey crew preparation and scheduling.

Jon worked on a variety of projects including altas, the subdivision of land, property acquisition, and the preparation of records of survey. He is proficient in the use of several CAD platforms such Terramodel, AutoCAD Civil 3D, and MicroStation & InRoads.

REGISTRATIONS
Licensed Land Surveyor 8723 (CA)

EDUCATION
AS, Survey and Mapping Science
California State Polytechnic University,
Pomona
BS, Electrical Engineering
California State Polytechnic University,
Pomona

AFFILIATIONS
Geographical Information Systems (GIS)
California Land Surveyors Association
(CLSA)
Riverside/San Bernardino Local CLSA
Chapter

11 Inland Aerial Survey, Inc. (IAS)
Aerial Survey
IAS will provide aerial survey services for the City. IAS has been providing photogrammetry, aerial mapping, and geo-spatial services to a continually expanding number of clients in both the private and public sector. IAS offers all photogrammetric services while specializing in the compilation of aerial topographic digital data. Through the use of technologically advanced, precision equipment and capabilities, IAS has established a prominent reputation in the industry by providing an unequaled level of quality. An excellent reputation has been established by very close quality control of all phases.

C Below Subsurface Imaging (C Below)
Potholing & Utility Location
C Below Subsurface Imaging (C Below) will provide potholing services for the WEBB Team. WEBB has worked on numerous water infrastructure projects with C Below. C Below specializes in subsurface imaging including utility locating, ground penetrating radar (GPR), and radiography. C Below is a certified SBE and will be providing potholing services for our team. One of the key advantages to using C Below for potholing is the training their technicians and operators undergo. Each new team member undergoes months of training in all processes before they are staffed on projects. The result is potholers that can locate and have a greater understanding of your needs.

Geocon, Inc. (Geocon)
Geotechnical Analysis
Geocon has been providing geologic services throughout California for more than 48 years. Their services include seismic hazard analyses, subsurface fault, landslide, liquefaction, geotechnical investigations and assessments, geologic mapping, and geotechnical evaluation of levee stability. Geocon has been actively involved in determining methods and design necessary for slope stabilization, seepage, mitigation of collapsible soils, induced soil settlement, expansive soils, subsurface dewatering, and drainage. Geocon has experience with mining projects and will be able to provide expert opinions on the project’s geotechnical reports.

South Environmental
Biological and Cultural Resources
RGI Utility Consultants, Inc.

Utility Source and Design
RGI Utility Consultants (RGI) will provide dry utility services for the WEBB Team. WEBB has teamed with RGI on multiple projects throughout Inland Southern California. Bob Gregory has expertise in the field of “Dry Utilities” which encompass administrative, operational, and design knowledge for Power Companies, Telephone Companies, Gas Companies, CATV Companies, and Specialized Telecommunications Companies. Of particular interest is his expertise in major infrastructure for large Roadway Interchange Projects and major Grade Separation projects as well as his knowledge in dealings with SCE and DWP Transmission facilities and Dry Utility Rights-of-Way issues.

South Environmental is a certified Woman-Owned Business Enterprise (WBE) and Small Business Enterprise (SBE).

Their primary work products include biological and cultural resources assessments, historic resource evaluation reports, biological resource management planning (habitat conservation plans, avian and nesting bird protection plans, mitigation and monitoring plans, urban forest management plans), wetland delineations and Clean Water Act permitting, rare and endangered species surveys, protected tree permitting, urban tree inventories, database construction and management, and web map application development. They use the latest technologies and best science available to further the conservation and preservation of natural and cultural resources in Southern California while helping our clients obtain their project goals and objectives.

SUBCONSULTANTS

12 The City will benefit from WEBB’s team approach to client service. Our reputation for superior quality work, integrity, and long-standing client relationships is a direct result of our industry proven capabilities and experience. We encourage the City to speak with your staff who have worked with our firm.

University Wash Storm Drain Project
Riverside County Flood Control and Water Conservation District Client:

Riverside County Flood Control and Water
Conservation District
1995 Market Street
Riverside, CA 92501-1719
Contact:

Imad Guirguis
Senior Civil Engineer
[email protected]
951.955.4683
The University Wash Storm Drain Project included the planning, analysis, and design of a large diameter master plan storm drain that connects existing upstream and downstream facilities together. This project was unique in that the 2,450-LF, 90-inch RCP required for this project had to be designed to maneuver its way through a developed industrial corridor of the City of Riverside (City). Key to this project was the coordination with local businesses to ensure construction of the storm drain minimized impacts to business operations.

Project Highlights:
• Planning, analysis, and design of a large diameter master plan storm drain
• Connects existing upstream and downstream facilities together • 2,450-LF to 90-inch RCP required for this project had to be designed to maneuver its way through a developed industrial corridor of the City • Coordination with local businesses to ensure construction of the storm drain minimized impacts to business operations
II. SIMILAR PROJECT HISTORY

13 Hemet MDP Line C, Stage 4
Riverside County Flood Control and Water Conservation District Client:

Riverside County Flood Control and Water
Conservation District
1995 Market Street
Riverside, CA 92501-1719
Contact:

Bob Cullen
Assistant Chief Engineer
[email protected]
951.955.1275
The extension of the Hemet MDP Line C was an important component to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. This segment of the master plan facility represents the middle one third of the entire Line C system. However, the Master Drainage Plan developed in 1977 did not include current conditions. The system contemplated in 1977 may not be appropriate or constructible today.

Since the time of the 1977 MDP development, several changes have occurred. Additional residences have been constructed that will require access during construction, additional utilities have been constructed within a limited pavement width, and intersections have been reconstructed that may have changed runoff patterns. Recognizing these constraints, WEBB developed a constraints report that evaluated the various constraints and provided solutions to develop the most efficient and economical design.

This project outlets into the Riverside County Flood Control and Water Conservation District’s existing Whittier Storm Drain, Stage 3 facility just east of Palm Avenue. The WEBB Team designed connections to this existing storm drain.

WEBB designed a Reach beginning in Whittier Avenue at a point approximately 15-FT east of Palm Avenue at the upstream terminus of the existing Whittier Storm Drain, Stage 3 (72-inch diameter RCP) underground storm drain project. The Stage 4 facility extends east within Whittier Avenue to a point approximately 100-FT east of San Jacinto Street for a total length of approximately 6,600-FT. The design of the catch basin along Palm Avenue immediately north of Whittier Avenue was included in this project. These catch basins were designed to outlet into an existing 42-inch RCP lateral (Hemet MDP Line C-1) in Palm Avenue which has been constructed.

14 Palm Springs MDP Line 43, Lateral 43-A, and Lateral B-03 Riverside County Flood Control and Water Conservation District Client:

Riverside County Flood Control and Water
Conservation District
1995 Market Street
Riverside, CA 92501-1719
Contact:

Bob Cullen
Assistant Chief Engineer
[email protected]
951.955.1275
The completion of Line 43 and Lateral 43-A was an important component to the flood protection Eagle Canyon Dam provides to the City of Cathedral City. This master plan facility was the main link from the dam to the West Cathedral Canyon Channel.

The criteria used to establish facility type and location for the Master Plan was developed in 1982 and since then, several changes have occurred in the area including the construction of new businesses, the removal of other businesses, the re-designation of Highway 111 from a state highway to a local highway, and updates to the rainfall design values.

Key Issues and Challenges:

Collaboratively partnering with the City was crucial to the success of this project. In order to do this, WEBB met with the City Engineer and the City Redevelopment Director on a regular basis to determine the critical success factors for the City. Impacts to the local businesses were of key importance to the City. To minimize those impacts, WEBB designed a precast RCB system that substantially reduced construction related impacts to local business.

WEBB identified and coordinated the relocation of multiple existing utilities in Highway 111. The design and construction of this mile long drainage system has significantly improved the flooding conditions in Cathedral City.

15 Lateral C-1 Storm Drain
City of Wildomar
Client:

City of Wildomar
23873 Clinton Keith Road
Suite 201
Wildomar, CA 92595-9735
Contact:

Dan York
Assistant City Manager
[email protected]
951.677.7751 ext. 216
WEBB worked with the City to design and construct the Lateral C-1 of the Wildomar Master Drainage Plan. The Lateral C-1 connects existing upstream City-owned facilities to the existing downstream Lateral C Channel that is owned and operated by the Riverside County Flood Control and Water Conservation District (District) under a Cooperative Agreement between the City and the District. The design and construction of the Lateral C was completed in accordance with District Standards and was accepted by the District for operation and maintenance.

WEBB performed all environmental aspects of this facility in order to obtain necessary regulatory permits for construction. The upstream end of this project connected to three of the City’s existing storm drains. Discharges from the existing City storm drains (storm runoff and non-storm nuisance flows) “feed” existing riparian vegetation in existing natural drainage features. Properly documenting how this project would not adversely impact the natural drainage features as part of the permitting process was the key challenge to WEBB’s environmental scope for this project. Regulatory permitting required the preparation of necessary biological studies and the regulatory permits. Because the project area is not within a Western Riverside County Multiple Species Habitat Conservation Plan (WRMSHCP) Criteria Cell, it was not subject to the Joint Project Review (JPR) process with the Regional Conservation Agency.

16 Sunnymead Master Drainage Plan B-16A, Stage 2
City of Moreno Valley
Client:

City of Moreno Valley
14331 Frederick Street
Suite 2
Moreno Valley, CA 2552-0805
Riverside Flood Control & Water
Conservation District
1995 Market Street
Riverside, CA 92501-1719
Contact:

Henry Ngo, PE
Engineering Manager
[email protected]
951.413.3106
WEBB designed and constructed a storm drain Line B-16A in the Sunnymead Master Drainage Plan for the City of Moreno Valley. This system includes approximately 3,100-FT of reinforced concrete pipe (RCP), sizes of 24-inch and 36-inch, along Kitching Street north of Ironwood Avenue. The proposed Line B-16A collects flows from an existing culvert in Kalmia Avenue just east of Kitching Street by a 24-inch RCP and convey them south into Kitching Street. City residents who live on Kitching Street are subject to flooding and erosion during non-exceptional storm events. This occurs even though backbone drainage infrastructure is in place both south and north of this location. This existing storm drain will extend approximately 2,500-LF in Kitching Street and 500-LF in Kalmia Avenue, and capture runoff that causes current flooding problems.

What complicates this project is that much of the proposed alignment is through private property that covers the future Kitching Street Alignment.

WEBB is designing the appropriate storm drain and collection system to alleviate flooding, help coordinate the grading and stormwater collection along the alignment with residents, coordinate the relocation of conflicting utilities, identify necessary easements for construction, and assist in the bidding and construction of this project. Applicable street improvements will also be necessary to convey the surface runoff into the proposed storm drain system. These improvements will provide a flood protection level up to a 10-year storm event for the area.

17 Project Name Description Project Manager Date
STORMWATER (Partial List)
San Jacinto River Stage IV
Levee
Imad Guirguis
951.788.9965
[email protected]
• San Jacinto River and Perris Valley Storm Drain Trail System Project
• Approximately five miles in length
• Immediately south of the existing San Jacinto River
levee,
• Construction of a new southern levee, floodwall,
desiltation basin, a diversion structure associated
with the basin, northern levee enhancements, and
treatment at State Street Bridge to expand flow
capacity
• Development of an operation and maintenance plan
• CEQA
Joseph Caldwell 2015-2019
Sunnymead MDP Line B-16A,
Stage 2
Henry Ngo, PE
951.413.3106
[email protected]
WEBB designed and constructed a storm drain Line
B-16A in the Sunnymead Master Drainage Plan for the
City of Moreno Valley. This system includes approximately 3,100-FT of reinforced concrete pipe (RCP), sizes of
24-inch and 36-inch, along Kitching Street north of
Ironwood Avenue. The proposed Line B-16A collects
flows from an existing culvert in Kalmia Avenue just east of Kitching Street by a 24-inch RCP and convey them
south into Kitching Street. The existing storm drain will extend approximately 2,500-LF in Kitching Street and
500-LF in Kalmia Avenue and capture runoff that causes
current flooding problems.

Joseph Caldwell 2020-2021
San Jacinto River Planning
Stage 3
Jason Uhley
951.955.1296
[email protected]
• Hydrological model, analyzing potential alternative
models, and working with the District
• Conceptual drawings for the Master Plan
• Conceptual Planning Report
• Multi-stakeholder coordination
• MSHCP compliance, CEQA strategy, land
development constraints
Joseph Caldwell 2017
Heacock Channel Design
Claudio Padres
951.955.1205
[email protected]
• CEQA & NEPA
• Cultural Resources
• Paleontological
• Biological Services
• MSHCP
• Focused Survey
• Jurisdictional Deliniation
• Permits; & HMMP
• Hazardous Materials
• Air Quality & GHG
• Noise Analysis
Joseph Caldwell 2014-2016
Drainage Master Plan
Toyen Blake
760.391.4068
[email protected]
WEBB assisted the City of Indio (City) with the completion of a Street and Master Drainage Plan to provide a clear and comprehensive framework for safer and improved
connectivity for all users, a drainage master plan, and an enhancement of the City’s green infrastructure. Located 120 miles east of Los Angeles and 30 miles east of the
City of Palm Springs, the City of Indio is the largest city in the Coachella Valley.

Joseph Caldwell 2018-2020
Channel for Veterans Industrial
Park (VIP) 215
Kathy Hoffer
909.380.7157
[email protected]
Backbone Infrastructure Final Design and Construction
Management Services for Veterans Industrial Park (VIP)
215, located in March Joint Powers Authority.

Joseph Caldwell
Reed Chilton (CMI)
2019-Present

18 Project Name Description Project Manager Date
STORMWATER (Partial List) - Continued
Hemet MDP Line C, Stage 4
Imad Guirguis
951.788.9965
[email protected]
• Surface flooding relief and flood protection of a
predominately developed portion of the City of
Hemet
• Middle one third of the entire Line C system
• Highly urbanized area extremely constrained by
multiple utilities
• PDR outlining most feasible alignment of this facility • Final Design Plans and Specs
Joseph Caldwell 2013
Palm Springs MDP Line 43 and
Lateral 43-A
Imad Guirguis
951.788.9965
[email protected]
• Drainage line design from Eagle Canyon Dam to the
West Cathedral Canyon Channel
• Choosing the proper alignment in order to minimize
impacts
• Impacts to the existing commercial businesses
• Heavy traffic volume on Highway 111
• Coordination of utility relocation
Joseph Caldwell 2013

19 WEBB is committed to providing the highest quality services to the City and will utilize our regional expertise and knowledge to provide development and implementation solutions for the City’s project.

WEBB has reviewed the Scope of Work as described below and will provide all necessary services for the design of the Line C-1 Storm Drain Improvement Project.

Task 1 - Project Management and Coordination

1.1 - Memorandum of Understanding
A Memorandum of Understanding (MOU) will be provided to document the analysis and design parameters and decisions so there are no misunderstandings regarding the project moving forward. The City and RCFC&WCD will all have an opportunity to weigh in on this MOU. Our experience in working with clients and agencies is that these MOUs are very helpful so there is not a loss of continuity when staff rotations and transfers take place.

1.2 - Kick-off Meeting
WEBB will coordinate a kick-off meeting with the City and the RCFC&WCD. This meeting will establish design parameters, key schedule dates, critical issues for the project, and line of communication.

1.3 - Schedule
A preliminary project schedule is included as part of this proposal. Throughout the project this schedule will be augmented and updated to track the overall progress of the project. This will help keep the project on track by allowing us to schedule the various resources needed to complete the project.

1.4- Project Coordination Meetings
Project Management and close coordination with the City and our sub-consultants is key to the successful delivery of the project. This begins with a Project Kick-off Meeting and continues with monthly Project Design Team (PDT) Meetings. We have budgeted for 11 PDT Meetings in addition to other specific meetings outlined in this proposal. At each meeting an updated project schedule will be provided, and meeting minutes will be kept documenting the decision and follow up items from each meeting. In addition to the monthly PDT meetings, WEBB will schedule a project coordination call between each PDT meeting to ensure necessary coordination takes place, and the project moves forward. We have also anticipated and budgeted for multiple coordination meetings with the agencies required to permit this project.

1.5 - Project Management
The successful delivery of this project is dependent on the consistent engagement of the project manager.

This is especially essential for this project with the vast amount of coordination required with RCFC&WCD.

Deliverables:

Meeting Agenda and Minutes, MOU and Schedules updated at each PDT Meeting, and Monthly Progress Reports with Monthly Invoices
III. SCOPE OF WORK

20 Task 2 - Topographic Survey and Boundary Control

2.1 - Field Topography
WEBB will obtain field shots of critical design points along the project alignment. Topography will be obtained in the same horizontal and vertical datum that has been provided by RCFC&WCD.

Deliverables:

Topography and Right-of-Way Exhibit
Preliminary Utility Base Map
Task 3: Geotechnical Investigation

3.1 - Geotechnical Report
WEBB has teamed with Geocon Consultants (Geocon) who will provide geotechnical services for this project.

Geocon and WEBB have teamed on several RCFC&WCD projects and know the geotechnical requirements for an RCFC&WCD design. Based on our review of the project we have budgeted for seven borings.

Deliverables:

Three copies and one electronic copy of the draft geotechnical report Three copies and one electronic copy of the final geotechnical report shall be submitted Task 4: Utility Verification and Coordination

4.1 - Field Review
WEBB will perform a field review to further identify utilities and other project constraints that should be considered during design.

4.2 - USA Dry and Wet Utility Research
WEBB will utilize USA service to research and identify known utilities in the project area. Letters will be sent to each identified agency requesting backup utility information. All collected utility information will be indexed.

4.3 - Long Axis Plan
Utilizing the updated MPD flow rates and initial utility base mapping, WEBB will prepare a “Long-Axis” Plan and Profile Exhibit of the proposed facilities. This exhibit will contain a plan and profile of the main line facilities plotted on a single long axis sheet. Mainline hydraulics will be shown on the plan as well as preliminary lateral and catch basin locations. We have budgeted time to meet with the City to collaborate on the alignment and make any necessary revisions. Based on our experience with similar projects, this step is invaluable in helping to quickly come to a final alignment and determining where potholing and other field locating services need to occur. This step significantly speeds up the plan approval process.

4.4 - Design Coordination Meeting
WEBB will meet with the City and RCFC&WCD to review the Long Axis Plan and discuss any modifications to the project alignment. Our experience is that this step is invaluable to keeping the project on schedule and preventing any misunderstandings and changes later in the design process.

4.5 - Recommended Pothole Exhibit
Based on the first phase of subsurface investigation and the refined alignment, WEBB will identify all utilities which need to be precisely located. WEBB will collaborate with the City in developing this exhibit that will serve as the basis for the subsurface investigation.

21 4.6 - Subsurface Investigation
Our subsurface investigation will consist of field locating utilities by both geophysical identification and potholes for the horizontal alignment of all known utilities along the alignment. Vertical depths from the surface will also be identified through this process. We have included a budget for eight potholes but will charge the City for the actual number of potholes need for the design of this facility.

4.7 - Utility Relocation Plans
We will strive to avoid utility conflicts, but it is very likely there will be some utilities that will need to be relocated. WEBB will prepare design and coordinate the relocation of conflicting utilities. For the purposes of this proposal, it is assumed there will be two wet utilities and two dry utilities that will need to be relocated.

We will charge the City for the actual number of utilities that need to be relocated.

Deliverables:

Utility Research Letters
Utility Base Map
Long Axis Exhibit
Recommended Pothole Exhibit
Pothole Report
Utility Relocation Plans
Task 5: California Environmental Quality Act (CEQA) Compliance Although the RFP did not include CEQA compliance as a task, the City will need to provide CEQA clearance for the project. Therefore, based on coordination with the City and our understanding that this facility was evaluated previously by RCFC&WCD, WEBB proposes to prepare a Notice of Exemption.

5.1 - Notice of Exemption
Using the City’s preferred format, WEBB’s Environmental Services Department will prepare a Notice of Exemption (NOE) in compliance with the requirements of CEQA, the 2022 State CEQA Guidelines. The basis for the NOE will be the project description provided by the City and engineering team. Once the NOE is approved by the City, WEBB will take the lead in filing with the County and the State Clearinghouse.

Task 6: Hydrology and Hydraulics

6.1 - Refined Hydrology Analysis
Utilizing the Master Plan as a basis, WEBB will prepare a refined rational method and synthetic unit hydrograph analysis of the tributary watershed utilizing Riverside County methodologies. RCFC&WCD has provided design flows for the main line.To help in the overall design of the project, we will utilize 2d HEC-RAS to help determine complex flow patterns and more accurately delineate the sub watersheds tributary to proposed inlets and catch basins. Ten-Year and 100-Year Rational Method hydrology calculations will be completed together with street flow capacities to determine proposed inlet/catch basin locations. Catch basin lengths and locations will be determined and compared to design topographic mapping to identify any space constraints. Ponding depths and flow-by rates will be determined with flow-by values being added to the next downstream catch basin, depending upon street conveyance capacity. This will be used to provide preliminary alignments and sizes for connector laterals and help to further determine potential utility conflicts.

22 6.2 - Hydraulic Analysis
WEBB will prepare a hydraulic analysis of all storm drain facilities utilizing WSPG. Inlets, street capacity calculations, and other hydraulic analyses will be prepared using AES Software.

6.3 - H&H Memo
A H&H Memo will be prepared for submittal with the Long Axis Plans. This will include model output, exhibits, and other documentation required for a review of the hydrology and hydraulic models.

6.4 - Draft Hydrology and Hydraulic Report
WEBB will prepare a Draft Hydrology and Hydraulics Report that provides the engineering backup for the design of the proposed drainage facility. The Draft Report will be submitted with the 30% ,60% and 90% Plans.

6.5 - Final Hydrology and Hydraulic Report
WEBB will incorporate any comments from the Draft Hydrology and Hydraulics Report and prepare a Final Hydrology and Hydraulics Report for submittal with the 90% Plans Deliverables:

H&H Memo
30% Hydrology and Hydraulic Report
60% Hydrology and Hydraulic Report
90% Hydrology and Hydraulic Report
Final Hydrology and Hydraulic Reports
Task 7: 30% Submittal

7.1 30% Design Drawings
The plans will show plan, profile, and sections of the project. WEBB will incorporate City and RCFC&WCD comments from the Long Axis Plan into the submittal.

7.2 - 30% Cost Estimate
A 30% Level cost estimate will be prepared utilizing RCFC&WCD’s Planning Cost Spreadsheet. This will provide an initial cost estimate of the proposed facility and will be refined throughout the design process.

7.3 - 30% QA/QC
Prior to the 30% submittal to the City, WEBB will conduct a QA/QC review from our designated Independent Engineering & Drafting QC Taskforce that is not involved in the design and production of the improvement plans. WEBB will submit copies of our internal review comments to the City as part of the 30% submittal Deliverables:
30% Design Plans
30% Estimate
30% QA/QC
Task 8: 60% Submittal

8.1 - 60% Design Drawings
The plans will show plan, profile, and sections of the project. WEBB will incorporate City and RCFC&WCD

23 comments from the 30% into the submittal.

8.2- Pavement Replacement Exhibit
WEBB will coordinate with the City to determine the extent and types of pavement replacement that will be undertaken during construction. An exhibit will be prepared to illustrate the intended approach.

8.3- Design Coordination Meetings
WEBB will meet with the City and RCFC&WCD to review the Pavement Replacement Exhibit and 60% Design Drawings. This additional design coordination is another checkpoint for the City and the District to reaffirm the project design.

8.4- Paving and Traffic Control Plans
Our geotechnical engineer will core the existing pavement with the structural engineer to determine the thickness of existing asphalt, base, and soil condition. Based on their analysis, traffic index, and input from WEBB and City, the geotechnical engineer will provide recommendations for the replacement of existing pavement in the construction zone. WEBB and the City will arrange the field meeting to determine the extent of pavement that will be rehabilitated beyond the construction zone.

The Traffic Control Plan consists of the following elements:
• The sequence of construction staging/phasing plan
• Detour plan
• Temporary signing, striping, and pavement marking plan • Traffic signal timing plan
• Contract provisions
Traffic control plans will clearly show provisions to efficiently move users through or around a work zone with minimal delay and will minimize potential hazards to transportation users in the vicinity of a work zone and workers at the work zone interface with traffic. Traffic control and detour plans will also include flashing construction message signs.

8.5- Quantities and Estimate
Material quantities will be calculated from the 60% Plan. A preliminary Engineers Estimate will be prepared from these initial quantities using unit costs from WEBB’s Construction Database.

8.6– 60% Specifications
WEBB will prepare construction specifications based on the 60% plans. RCFC&WCD Technical Provisions and the City’s Boilerplate will be used to base out an engineering specification for this project.

8.7 - 60% QA/QC
Prior to the 60% submittal to the City, WEBB will conduct a QA/QC review from our designated Independent Engineering & Drafting QC Taskforce that is not involved in the design and production of the improvement plans. WEBB will submit copies of our internal review comments to the City as part of the 60% submittal Deliverables:
60% Design Plans
Pavement Replacement Exhibit Pavement and Traffic Control Plans

24 60% Quantities and Estimate
60% Specification
60% QA/QC
Task 9: 90% Submittal

9.1 - Improvement Plans
WEBB will address plan check comments from the 60% Review.

9.2 - 90% Specifications
WEBB will prepare 90% Specifications based on comments from the 60% Specifications and the 90% quantities.

9.3 - 90% Quantities and Estimate
WEBB will update the 60% quantities to reflect any changes made because of the 60% review. The updated quantities along with an engineer’s estimate will be submitted to the City.

9.4 - Draft 90% SWPPP
Based on WEBB’s review of the project and our understanding of the Construction General Permit, WEBB believes this project will require a Linear Underground Project (LUP) Stormwater Pollution Prevention Plan.

WEBB anticipates this will be a Type 1 Project.

9.5 - Erosion Control Plan
WEBB will prepare an Erosion Control Plan along with the 90% SWPPP.

9.6 - Final 90% SWPPP
WEBB will submit this to the District for review and a final SWPPP will be prepared, which will be included with the Bid Documents, for the selected contractor to finalize and obtain coverage with.

9.7 - 90% QA/QC
Prior to the 90% submittal to the City, WEBB will conduct a QA/QC review from our designated Independent Engineering & Drafting QC Taskforce that is not involved in the design and production of the improvement plans. WEBB will submit copies of our internal review comments to the City as part of the 90% submittal Deliverables:
90%Design Plans
90% Specifications
90% Quantities and Estimate
Draft 90% SWPPP
Erosion Control Plan
Final 90% SWPPP
90% QA/QC

25 Task 10: 100% Submittal

10.1 - 100% Design Drawings
The final submittal will address all plan check comments from the 90% submittal. Included with this submittal will be the final technical specifications, final bid quantities, and final engineers estimate. Mylar plans will be delivered to the City and other agencies for final signatures.

Deliverables:

Final Improvement Plans
Final Specifications
Final Quantities and Estimate
Signed Mylars
Task 11: Bid and Construction Support Services
We have included budget to provide the following bid and construction support services.

11.1 - Pre Bid Meeting
WEBB will attend a pre bid meeting and support the City with exhibits and agendas needed for the meeting

11.2 - Bid RFIs
We have budgeting time to answer four RFIs during the bidding of the project

11.3 -Pre-Construction Meeting
WEBB will attend a preconstruction meeting with the City and the selected contractor.

11.4 - Construction RFIs
We have budgeted time to address six construction related RFIs to assist the contractor interpreting the plans and specifications and address any unforeseen conflict that may arise during construction.

11.5 - Materials Submittal and Shop Drawing Review
We have included time to review all submittals and shop drawings required for the construction of the project.

11.6 - Record Drawings
Upon completion of the project, WEBB will prepare as-built drawings on both the Mylars and in CAD. WEBB will provide digital copies of the CAD files upon completion.

Deliverables:

Agendas
RFI Responses
Submittal Reviews
Record Drawings and CAD Files

26 IV. WORK SCHEDULE
ID Task Name Duration Start Finish Predecessors
1 Notice To Proceed 0 days Mon 9/12/22 Mon 9/12/22
2 Task 1 Project Management and Coordination 232 days Mon 9/12/22Tue 8/1/23 3 1.1 ‐ Memorandum of Understanding 10 days Tue 9/20/22 Mon 10/3/22 4 4 1.2 ‐ Kickoff Meeting 1 day Mon 9/19/22 Mon 9/19/22 1SS+5 days 5 1.3 ‐ Schedule 230 days Wed 9/14/22 Tue 8/1/23 1
6 1.4 ‐ Project Coordination Meetings 196 days Wed 10/12/22Wed 7/12/23 17 1.5 ‐ Project Management 232 days Mon 9/12/22 Tue 8/1/23 1 18 Task 2 Topographic Survey and Boundary Control 5 days Tue 1/31/23 Mon 2/6/23 19 2.1 ‐  Field Topography 5 days Tue 1/31/23 Mon 2/6/23 28FF+1 mon 20 Task 3 Geotechnical Investigation 30 days Tue 10/18/22 Mon 11/28/22 21 3.1 ‐ Geotechnical Report 6 wks Tue 10/18/22 Mon 11/28/22 3FS+2 wks 22 Task 4 Utility Verification and Coordination 180 days Tue 9/20/22 Mon 5/29/23 23 4.1 ‐ Field Review 1 day Tue 11/1/22 Tue 11/1/22 24
24 4.2 ‐ USA Dry and Wet Utility Research 30 days Tue 9/20/22 Mon 10/31/22 4 25 4.3 ‐ Long Axis Plan 15 days Tue 10/18/22 Mon 11/7/22 35FF 26 4.4 ‐ Design Coordination Meetings (2) 10 days Tue 11/8/22 Mon 11/21/22 25 27 4.5 ‐ Recommended Pothole Exhibit 5 days Tue 11/22/22 Mon 11/28/22 26 28 4.6 ‐ Subsurface Investigation 30 days Tue 11/29/22 Mon 1/9/23 27 29 4.7 ‐ Utility Relocation Plans 60 days Tue 3/7/23 Mon 5/29/23 48 30 Task 5 CEQA Compliance 20 days Tue 4/18/23 Mon 5/15/23 31 5.1 ‐ Notice of Exemption 1 mon Tue 4/18/23 Mon 5/15/23 57FF 32 Task 6 Hydrology and Hydraulics 205 days Tue 10/4/22 Mon 7/17/23 33 6.1 ‐  Refined Hydrology Analysis 15 days Tue 10/4/22 Mon 10/24/22 3 34 6.2 ‐ Hydraulic Analysis 10 days Tue 10/18/22 Mon 10/31/22 33FS‐1 wk 35 6.3 ‐ H&H Memo 5 days Tue 11/1/22 Mon 11/7/22 34
36 City/RCFC&WCD Review 20 days Tue 11/8/22 Mon 12/5/22 35 37 6.4 ‐ Draft Hydrology and Hydraulic Report (30%,60%,90%) 115 days Tue 12/6/22 Mon 5/15/23 38 30% H&H 15 days Tue 12/6/22 Mon 12/26/22 43FF
39 60% H&H 15 days Tue 2/14/23 Mon 3/6/23 48FF
40 90% H&H 15 days Tue 4/25/23 Mon 5/15/23 57FF
41 6.5 ‐ Final Hydrology and Hydraulic Report 10 days Tue 7/4/23 Mon 7/17/23 63FF 42 Task 7 30% Submittal 45 days Tue 11/22/22 Mon 1/23/23 43 7.1 ‐ 30% Design Drawings 5 wks Tue 11/22/22 Mon 12/26/22 26 44 7.2 ‐ 30% Cost Estimate 1 wk Tue 12/20/22 Mon 12/26/22 43FF 45 7.3 ‐ 30% QA/QC 1 wk Tue 12/6/22 Mon 12/12/22 43FF‐10 days 46 City/RCFC&WCD Review 20 days Tue 12/27/22 Mon 1/23/23 43 47 Task 8 60% Submittal 55 days Tue 1/24/23 Mon 4/10/23 48 8.1 ‐ 60% Design Drawings 5 wks Tue 1/31/23 Mon 3/6/23 46FS+1 wk 49 8.2 ‐ Pavement Replacement Exhibit 1 wk Tue 1/24/23 Mon 1/30/23 46 50 8.3 ‐ Design Coordination Meetings (2) 10 days Tue 1/31/23 Mon 2/13/23 49 51 8.4 ‐ Paving and Traffic Control Plans 2 wks Tue 2/14/23 Mon 2/27/23 50 52 8.5 ‐ Quantities and Estimate 5 days Tue 2/28/23 Mon 3/6/23 48FS‐10 days,51 53 8.6 ‐ 60% Specifications 10 days Tue 2/28/23 Mon 3/13/23 52SS 54 8.7 ‐ 60% QA/QC 5 days Tue 2/28/23 Mon 3/6/23 48FF
55 City/RCFC&WCD Review 20 days Tue 3/14/23 Mon 4/10/23 48,52,53 56 Task 9 90% Submittal 40 days Tue 4/18/23 Mon 6/12/23 57 9.1 ‐ Improvement Plans 4 wks Tue 4/18/23 Mon 5/15/23 55FS+1 wk 58 9.2 ‐ Draft Specifications 10 days Tue 5/2/23 Mon 5/15/23 57FF 59 9.3 ‐ Draft Quantities and Estimate 5 days Tue 5/9/23 Mon 5/15/23 58FF 60 9.4 ‐ 90% QA/QC 1 day Mon 5/8/23 Mon 5/8/23 57FF‐1 wk 61 City/RCFC&WCD Review 20 days Tue 5/16/23 Mon 6/12/23 57 62 Task 10 100% Submittal 30 days Tue 6/20/23 Tue 8/1/23 63 10.1 ‐ 100% Design Drawings 4 wks Tue 6/20/23 Mon 7/17/23 61FS+1 wk 64 10.2 ‐ Final Specifications 1 wk Tue 7/18/23 Mon 7/24/23 63 65 10.3 ‐ Final Quantities and Estimate 1 wk Tue 7/18/23 Mon 7/24/23 63 66 Plans Approved 0 days Tue 8/1/23 Tue 8/1/23
67 Task 11 Bid and Construction Services 1 day? Fri 9/1/23 Fri 9/1/23 68 11.1 ‐ Pre Bid Meeting
69 11.2 ‐ Bid RFIs
70 11.3 ‐ Pre‐Construction Meeting
71 11.4 ‐ Construction RFIs
72 11.5 ‐ Materials Submittal and Shop Drawing Review
73 11.6 ‐ Record Drawings
9/12
WEBB
WEBB
WEBB
WEBB
Geocon
WEBB
WEBB
WEBB
WEBB/City
WEBB
C‐Below

WEBB/RGI
WEBB
WEBB
WEBB
City/RCFC&WCD
WEBB
WEBB
WEBB
WEBB
WEBB
WEBB
WEBB
City/RCFC&WCD
WEBB
WEBB
WEBB/City/RCFC&WCD
WEBB
WEBB
WEBB
City/RCFC&WCD
WEBB
WEBB
WEBB
WEBB
City/RCFC&WCD
WEBB
WEBB
WEBB
8/1
9/4 9/11 9/18 9/25 10/2 10/9 10/1610/2310/30 11/6 11/1311/2011/27 12/4 12/1112/1812/25 1/1 1/8 1/15 1/22 1/29 2/5 2/12 2/19 2/26 3/5 3/12 3/19 3/26 4/2 4/9 4/16 4/23 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25 7/2 7/9 7/16 7/23 7/30 8/6 8/13 8/20 8/27 ep '22 Oct '22 Nov '22 Dec '22 Jan '23 Feb '23 Mar '23 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Se Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration‐only
Manual Summary Rollup
Manual Summary
Start‐only
Finish‐only
Deadline
Progress

Project: 015467 Project Schedule
Date: Wed 8/24/22

27 V. FEE PROPOSAL
Item Description
Joseph Caldwell Ranjit Singh Xin Ai Stephanie Standerfer Autumn DeWoody Jon Ros Andres Lopez Party Chief/2-Person Survey Crew Haley Franco Total HoursSubtotal - LaborSub-consultant budgetExpenses Total/task1
Task 1 - Project Management Coordination 118 2 33 72 225 $ 49,680 $ - - $ 49,680 $

1.1 Memorandum of Understanding 2 2 4 8 $ 1,590 $ - - $ $ 1,590

1.2 Kickoff Meeting 3 4 7 $ 1,390 $ - - $ $ 1,390

1.3 Schedule 6 12 18 $ 3,300 $ - - $ $ 3,300

1.4 Project Coordination Meetings (11 Meetings) 22 33 22 77 $ 14,850 $ - - $ $ 14,850

1.5 Project Management 85 30 115 $ 28,550 $ - - $ $ 28,550 Task 2 - Topographic Survey and Boundary Control 4 16 20 $ 5,556 $ - - $ 5,556 $

2.1 Field Topography 4 16 20 $ 5,556 $ - - $ $ 5,556
Task 3 - Geotechnical Investigation 124 2 4 13 $ 18,366 2,450 $ - $ 20,816 $

3.1 Geotechnical Report 1 2 4 2 4 13 $ 18,366 2,450 $ - $ $ 20,816 Task 4 - Utility Verification, Preliminary Design and Coordination 26 52 99 31 208 $ 14,375 41,140 $ - $ 55,515 $

4.1 Field Review 3 3 3 9 $ 2,115 $ - - $ $ 2,115

4.2 USA Dry and Wet Utility Research 1 8 16 25 $ 3,730 $ - - $ $ 3,730

4.3 Long Axis Plan 8 24 40 72 $ 15,000 $ - - $ $ 15,000

4.4 Design Coordination Meetings (2) 3 3 3 9 $ 1,995 $ - - $ $ 1,995

4.5 Recommended Pothole Exhibit 1 2 8 11 $ 2,140 $ - - $ $ 2,140

4.6 Subsurface Investigation (8 potholes) 4 4 8 $ 14,375 1,680 $ - $ $ 16,055

4.7 Utility Relocation Plans (2 Wet/2 Dry) 6 20 40 8 74 $ 14,480 $ - - $ $ 14,480 Task 5 - CEQA and Tech Studies 1 4 16 21 $ 4,570 $ - - $ 4,570 $

5.1 Notice of Exemption 1 4 16 21 $ 4,570 $ - - $ $ 4,570 Task 6 - Hydrology and Hydraulics 21 48 140 4 213 $ 42,170 $ - - $ 42,170 $

6.1 Refined Hydrology Analysis 8 16 60 84 $ 16,440 $ - - $ $ 16,440

6.2 Hydraulic Analysis 2 6 24 32 $ 6,130 $ - - $ $ 6,130

6.3 H&H Memo 4 10 8 4 26 $ 5,490 $ - - $ $ 5,490

6.4 Draft Hydrology and Hydraulic Report (30%,60%,90%) 6 12 40 58 $ 11,480 $ - - $ $ 11,480

6.5 Final Hydrology and Hydraulic Report 1 4 8 13 $ 2,630 $ - - $ $ 2,630 Task 7 - 30% Submittal 30 48 92 8 178 $ 37,140 $ - - $ 37,140 $

7.1 30% Design Drawings 20 40 80 140 $ 29,200 $ - - $ $ 29,200

7.2 30% Cost Estimate 2 12 14 $ 2,620 $ - - $ $ 2,620

7.3 30% QA/QC 8 8 8 24 $ 5,320 $ - - $ $ 5,320
Line C-1 Storm Drain Improvement Project
City of Desert Hot Springs

28 Item Description
Joseph Caldwell Ranjit Singh Xin Ai Stephanie Standerfer Autumn DeWoody Jon Ros Andres Lopez Party Chief/2-Person Survey Crew Haley Franco Total HoursSubtotal - LaborSub-consultant budgetExpenses Total/task1
Line C-1 Storm Drain Improvement Project
City of Desert Hot Springs
Task 8 - 60% Submittal 42 64 106 11 223 $ 47,310 $ - - $ 47,310 $

8.1 60% Design Drawings 12 25 50 87 $ 18,105 $ - - $ $ 18,105

8.2 Pavement Replacement Exhibit 2 4 8 14 $ 2,920 $ - - $ $ 2,920

8.3 Design Coordination Meetings (2) 3 3 3 9 $ 1,995 $ - - $ $ 1,995

8.4 Paving and Traffic Control Plans 3 18 36 57 $ 11,400 $ - - $ $ 11,400

8.5 Quantities Estimate 2 4 10 16 $ 3,260 $ - - $ $ 3,260

8.6 60% Specifications 12 2 2 16 $ 4,310 $ - - $ $ 4,310

8.7 60% QA/QC 8 8 8 24 $ 5,320 $ - - $ $ 5,320
Task 9 - 90% Submittal 32 41 88 161 $ 34,285 $ - - $ 34,285 $

9.1 Improvement Plans 16 20 40 76 $ 16,340 $ - - $ $ 16,340

9.2 90% Specifications 6 6 8 20 $ 4,570 $ - - $ $ 4,570

9.3 90% Quantities and Estimate 1 3 8 12 $ 2,385 $ - - $ $ 2,385

9.4 Draft 90% SWPPP 2 4 12 18 $ 3,600 $ - - $ $ 3,600

9.5 Erosion Control Plans 2 2 12 16 $ 3,110 $ - - $ $ 3,110

9.6 Final 90% SWPPP 1 2 8 11 $ 2,140 $ - - $ $ 2,140

9.7 90% QA/QC 4 4 8 $ 2,140 $ - - $ $ 2,140
Task 10 - 100% Submittal 34 28 20 82 $ 20,120 $ - - $ 20,120 $

10.1 100% Design Drawings 20 10 20 50 $ 11,650 $ - - $ $ 11,650

10.2 Final Specifications 6 10 16 $ 4,190 $ - - $ $ 4,190

10.3 Final Quantities and Estimate 8 8 16 $ 4,280 $ - - $ $ 4,280 Task 11 - Bid and Construction Support Services 18 42 26 86 $ 18,890 $ - - $ 18,890 $

11.1 Pre Bid Meeting 2 2 4 $ - 840 $ - $ $ 840

11.2 Bid RFIs (4) 6 4 10 $ 2,260 $ - - $ $ 2,260

11.3 Pre-Construction Meeting 2 2 $ - 580 $ - $ $ 580

11.4 Construction RFIs (6) 6 12 6 24 $ 5,460 $ - - $ $ 5,460

11.5 Materials Submittal and Shop Drawing Review 20 10 30 $ 6,200 $ - - $ $ 6,200

11.6 Record Drawings 2 10 4 16 $ 3,550 $ - - $ $ 3,550
323 327 582 4 16 2 4 16 156 1430 $ 303,311 $ - 32,741 $ 336,052 $

1. Rounded to the nearest $1.

Total

29 VI. SCHEDULE OF FEES
Fee Schedule
SCH 2020 (07/01/2020)

CLASSIFICATION
Engineers/Project Managers/Planners/Scientists/ Rates
Assessment/Special Tax Consultants/Landscape Architects/Designers $/Hour Principal II.............................................................................................................................. 290.00 Principal I .............................................................................................................................. 275.00 Senior III ............................................................................................................................... 245.00 Senior II ................................................................................................................................ 235.00 Senior I ............................................................................................................................... 225.00 Associate III .......................................................................................................................... 210.00 Associate II ........................................................................................................................... 195.00 Associate I ............................................................................................................................ 185.00 Assistant V ........................................................................................................................... 170.00 Assistant IV .......................................................................................................................... 155.00 Assistant III ........................................................................................................................... 140.00 Assistant II ............................................................................................................................ 130.00 Assistant I ............................................................................................................................. 95.00 Survey Services
2-Person Survey Party .......................................................................................................... 291.00 1-Person Survey Party ......................................................................................................... 201.00 Inspection Services
Construction Manager........................................................................................................... 245.00 Inspector (Non-Prevailing Wage) ......................................................................................... 136.00 Inspector Overtime (Non-Prevailing Wage) .......................................................................... 185.00 Inspector (Prevailing Wage) ................................................................................................. 147.00 Inspector Overtime (Prevailing Wage).................................................................................. 195.00 Administrative Services
Project Coordinator .............................................................................................................. 110.00 Administrative Assistant III ................................................................................................... 99.00 Administrative Assistant II .................................................................................................... 88.00 Administrative Assistant I ..................................................................................................... 70.00 Other Direct Expenses
Incidental Charges ............................................................................................................... Cost + 15% Postage ................................................................................................................................ Cost Subcontracted Services ....................................................................................................... Cost + 15% Special Consultant………………………………………………………………………………… 355.00 Survey/Inspection Per Diem.................................................................................................. Prevailing Wage Rate In-House Delivery Up to 1/2 hour.......................................................................................... 31.00 In-House Delivery 1/2 Hour up to 1 Hour.............................................................................. 62.00 In-House Delivery Over 1 Hour up to 2 Hours ...................................................................... 114.00 In-House Delivery Over 2 Hours ........................................................................................... 165.00 Survey/Inspection Vehicle .................................................................................................... 0.81/Mile Mileage ................................................................................................................................. 0.72/Mile Note: All rates are subject to change based on annual inflation and cost of living adjustments. Prevailing wages are dictated by the California Department of Industrial Relations (DIR). As such, the indicated rate will remain in effect until revised rates are published by the DIR. The rate shown shall be subject to renegotiation to remain in compliance with State requirements if prevailing wages are increased by the DIR. * A FINANCE CHARGE of 1 ½ % per month (18% per year) will be added to any unpaid amount commencing thirty (30) days from invoice date. A mechanic’s lien may be filed for any invoice remaining unpaid after thirty (30) days from invoice date.

EXHIBIT “B”

INSURANCE REQUIREMENTS- PROFESSIONAL SERVICES AGREEMENT Insurance:

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $2,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.

(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or

his/her designee in his/her sole discretion, Contractors Pollution Liability insurance is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990) with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either

an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee.

Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor. 

SR-22-199
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 6, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Agreement with Riverside County for Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Project
RECOMMENDATION:

Authorize the City Manager to execute the service agreement between the City of Desert Hot Springs and the County of Riverside in the amount of $46,998.90 for the completion of the Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements Project.

BACKGROUND:

Camino Campanero, Avenida Descanso, and Camino Aventura are currently in need of roadway improvements due to the age of the asphalt, existing cracks, pot-holes, and the deterioration of the existing striping. The County of Riverside (County) is currently proposing to slurry seal streets in this area, which includes work outside of the County’s jurisdiction and within City limits.

The following portions of roadway are located within the City of Desert Hot Springs City Limits:
• The north side of Camino Campanero between Avenida Descanso and Avenida Manzana • The west side of Avenida Descanso between Camino Aventura and Camino Campanero • Camino Aventura between Palm Drive and Avenida Descanso DISCUSSION:

The County has requested that the City enter into an agreement to pay for the improvements located within the City Limits. This would allow for a complete full width roadway improvement throughout the portion of Camino Campanero, Avenida Descanso, and Camino Aventura is being improved by the County.

The cost for the City’s portion of the roadway improvements is estimated at $46,998.90. The agreement between the County of Riverside and the City of Desert Hot Springs is attached to this staff report and summarized as follows:

The County agrees to:
• Act as the lead agency of the project.
• Prepare plans, specifications, and engineer’s estimate (PS&E) and submit to City for review.

SR-22-199
• Identify and locate all utility facilities within the limits of the project. • Make a written application to the City for an encroachment permit. • Advertise, award, and administer a public works contract for the construction of the project. • Construct the project in accordance with the PS&E.
• Submit any contract change order that causes construction contract to exceed 10% of the contract bid amount.
• Furnish the City with a final reconciliation of project expenses within 90 days of completion and acceptance of the construction contract. Any costs associated with the City portion of the project that are in excess of the deposit provided, the County shall include a final bill with the financial reconciliation.
• Furnish the City with one complete set of full-sized as-built plans and all contract records.

The City agrees to:
• Fund 100% of the cost of the portions of the project within the City Limits. • To deposit within the County, within 30 days of executing this agreement, $46,998.90. • Prepare and approve CEQA clearance for the City project. • To issue, at no cost to County or its contractors, an encroachment permit. • To provide a representative to coordinate and assist the County’s Resident Engineer during the construction of the project.
• To pay for any final costs associated with the City Project that are in excess of the Deposit.

Staff is recommending City Council authorize the City Manager to execute the service agreement between the City and the County for the completion of the Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements.

FISCAL IMPACT:

The project costs for the City are $46,998.90 and shall be funded through SB1 for the FY 2022-2023 fiscal year.

ATTACHMENTS:

Exhibit 1 - Service Agreement
Exhibit 2 - City of Desert Hot Springs Bid Cost
Exhibit 3 - Project Location

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29 SERVICE AGREEMENT BY AND BETWEEN

COUNTY OF RIVERSIDE
AND

CITY OF DESERT HOT SPRINGS
FOR

CAMINO CAMPANERO, AVENIDA DESCANSO, AND CAMINO AVENTURA

SLURRY SEAL IMPROVEMENTS
This Agreement is entered into this ______ day of _______________________, 2022, by and between the County of Riverside, a political subdivision of the state of California, on behalf of its Transportation Department (hereinafter "COUNTY") and the City of Desert Hot Springs, a municipal corporation, (hereinafter “CITY”) for slurry seal improvements located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”.

RECITALS
A. WHEREAS, CITY has determined to seal the existing asphalt surface on a segment of Camino Campanero from Avenida Descanso to Avenida Manzana (approximately 1,238 linear feet by 29 feet wide), Avenida Descanso from Camino Campanero to Camino Aventura (approximately 2,564 linear feet by 12 feet wide), and Camino Aventura from Palm Dr. to Avenida Descanso (approximately 1,245 linear feet by 16 feet wide) in the Desert Hot Springs area of Riverside County (“CITY PROJECT”); and B. WHEREAS, CITY has determined that it requires construction services to place the slurry seal on Camino Campanero, Avenida Descanso, and Camino Aventura as shown in Exhibit A and that a Slurry Seal will be applied that consists of the application of a mixture of water, asphalt emulsion, aggregate, and chemical additives to an existing asphalt concrete pavement surface; and C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal of random cracks, replacement of any pavement markings, including cross walks, striping and raised pavement markers; and
D. WHEREAS, COUNTY has slurry seal improvement projects within the jurisdictional boundaries of

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29 COUNTY, which slurry seal improvement projects are sometimes hereinafter referred to collectively as “COUNTY PROJECT”.

E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY desires to work with the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT since COUNTY has extensive experience in the development and implementation of similar type projects.

F. WHEREAS, COUNTY will therefore provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT as part of the COUNTY PROJECT.

G. WHEREAS, COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows:

SECTION 1 • COUNTY AGREES to:

1. Act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement funding for or to continue with the CITY PROJECT, if funds are not available.

2. Furnish CITY with detailed Plans, Specifications & Estimate (PS&E) documents for the CITY PROJECT.

Final plans for improvements are prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by CITY. COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT portion of the PS&E documents, which approval shall not be unreasonably withheld.

3. Direct COUNTY’s contractor to identify any existing surface utility facilities within the limits of the CITY PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E.

4. Direct COUNTY’s contractor to make written application to CITY for an encroachment permit authorizing entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT.

5. Advertise, award, and administer a public works contract for the construction of the COUNTY PROJECT

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29 and the CITY PROJECT in accordance with all applicable federal, state and local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code, and in accordance with the encroachment permits issued by CITY.

6. Furnish a representative to perform the function of Resident Engineer during construction of CITY PROJECT.

7. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.

8. Construct the CITY PROJECT in accordance with approved PS&E documents.

9. Submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by COUNTY. If any contract change order causes the construction contract to change by less than 10% of the bid amount for CITY PROJECT, COUNTY is authorized by CITY approval of this Agreement to move forward with such change.

10. Furnish CITY a final reconciliation of CITY PROJECT expenses within ninety (90) days following the completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final costs associated with the CITY PROJECT are in excess of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference with the financial reconciliation.

11. Provide CITY one complete set of reproducible as-built plans and all contract documents including calculations, estimates, and other documents produced as part of this contract within ninety (90) days after completion and acceptance of the CITY PROJECT.

SECTION 2 • CITY AGREES to:

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29 1. Fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit “B”. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit “B”, CITY will pay such costs pursuant to Subsection 9 and Subsection 10 of Section 1.

2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, forty-six thousand nine hundred ninety-eight dollars and ninety cents ($46,998.90) (the “Deposit”), which represents one hundred percent (100%) of the costs to complete construction including construction administration, inspection and materials testing and contingency for CITY PROJECT, as provided in Exhibit “B”.

3. Prepare and approve California Environmental Quality Act (CEQA) clearance for the CITY PROJECT.

COUNTY will prepare and approve CEQA clearance for the COUNTY PROJECT.

4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY‘s contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT and CITY PROJECT.

5. Provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY PROJECT.

6. Provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer during the construction of the CITY PROJECT and to verify facilities are constructed as required by this Agreement.

7. Pay COUNTY for any final costs associated with the CITY PROJECT that are in excess of the Deposit as determined pursuant to Subsection 10 of Section 1.

SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:

1. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit “B”, COUNTY may award the contract.

2. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If,

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29 after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent. COUNTY shall reimburse CITY within forty-five (45) days of termination.

3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of CITY PROJECT, or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds are no longer available. In the event that adequate funds are not available to move forward or to complete CITY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for CITY PROJECT.

4. The total cost to CITY to complete construction, including construction administration, inspection and materials testing and a ten percent (10%) contingency for CITY PROJECT is estimated to be forty-six thousand nine hundred ninety-eight dollars and ninety cents ($46,998.90) as detailed in Exhibit “B”.

5. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.

6. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.

7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the slurry seal improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured.

COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance.

COUNTY shall cause COUNTY’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.

8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will

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29 be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership.

9. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT within CITY right of way except as specified in this Agreement or future agreements.

10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.

11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.

12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement.

13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate this Agreement upon ninety (90) days written notice to CITY.

14. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to the CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY PROJECT.

15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of

Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements County of Riverside & City of Desert Hot Springs Service Agreement 7 1 2
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29 electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:

COUNTY: CITY:

Riverside County Transportation Department City of Desert Hot Springs Attn: Mark Lancaster Attn: Daniel Porras
Director of Transportation Assistant City Manager
4080 Lemon Street, 8th Floor 11999 Palm Drive
Riverside, CA 92501 Desert Hot Springs, CA 92240
Phone: (951) 955-6740 Phone: (760) 329-6411 ext. 109

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29 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:

MARK LANCASTER
Director of Transportation
APPROVED AS TO FORM:

COUNTY COUNSEL

By______________________________________

DANIELLE MALAND
Deputy County Counsel

APPROVAL BY THE BOARD OF SUPERVISORS
_______________________________________

JEFF HEWITT
Chair, Riverside County Board of Supervisors
ATTEST:
______________________ ________________
KECIA R. HARPER
Clerk of the Board (SEAL)
CITY OF DESERT HOT SPRINGS Approvals
APPROVED BY:
_____________________________________
City Manager
APPROVED AS TO FORM:
_____________________________________
City Attorney
ATTEST:
_____________________________________
City Clerk

Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements County of Riverside & City of Desert Hot Springs Service Agreement 9 1 2
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29 EXHIBIT A

VICINITY/CITY PROJECT MAP

Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements County of Riverside & City of Desert Hot Springs Service Agreement 10 1 2
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29 EXHIBIT B

CITY PROJECT BUDGET
COST ESTIMATE:

TASK COST
Construction $37,598.90
Contingency (10%) $3,760.00
Administration, Inspection & Testing (15%) $5,640.00
TOTAL COST $46,998.90

COUNTY OF RIVERSIDE * TRANSPORTATION DEPARTMENT Print ed: July 28, 2022

CITY OF DESERT HOT SPRINGS - CAMINO

CAMPANERO, AVENIDA DESCANSO, CAMINO

AVENTURA SLURRY SEAL IMPROVEMENTS
W.O.# D3-0009
ITEM
NO
ITEM

CODE ITEM UNIT ESTIMATED QUANTITY BID AMOUNT
20 374207 CRACK TREATMENT (ROUT AND SEAL RANDOM CRACKS) LS 1 $6,932.00 $6,932.00 21 150716 REMOVE PAINTED TRAFFIC STRIPE, PAVEMENT MARKING, AND PAVEMENT MARKERS LS 1 $5,775.00 $5,775.00
22 377501 SLURRY SEAL [TYPE 1] TON 22 $275.20 $6,054.40 23 377501 SLURRY SEAL [TYPE 2] TON 55 $298.40 $16,412.00 24 840519(F) THERMOPLASTIC CROSSWALK AND PAVEMENT MARKING SQFT 110 $13.70 $1,507.00 25 840656(F) PAINT TRAFFIC STRIPE (2-COAT) LF 1,670 $0.55 $918.50 $37,598.90
"Words"

CONTINGENCY
999994 CONTINGENCY LS 10% $3,760 $3,760.00

CONSTRUCTION ENGINEERING & INSPECTION
74016 CONSTRUCTION ENGINEERING & INSPECTION LS 15% $5,640 $5,640.00 GRAND TOTAL $46,998.90
"Words"

ANDY HUYNH
Prepared by:

ELMER DATUIN
Checked by:

SUBTOTAL Items 20 - 4 Thirty Seven Thousand Five Hundred Ninety Eight Dollars and Ninety Cents 7/25/2022
Forty Six Thousand Nine Hundred Ninety Eight Dollars and Ninety Cents Cost Estimate
SLURRY SEAL PROJECT - CONSTRUCTION IN FY 2022/2023

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SR-22-197
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 6, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Agreement for Maintenance of Shared Traffic Signals and Safety Lighting with the City of Palm Springs.

RECOMMENDATION:

Authorize the City Manager to execute the maintenance agreement between the City and the City of Palm Springs for the maintenance of shared traffic signals and safety lighting.

BACKGROUND:

Several existing and future traffic signals and safety lighting are located within the City of Desert Hot Springs and the City of Palm Springs City limits, in which both cities are joint owners. These traffic signals and lights are located partly within the jurisdiction of each city. Typically in these cases one agency takes the lead and responsibility for completing the on-going maintenance of the traffic signals and lighting and both agencies share the associated costs based on corresponding City limit lines.

DISCUSSION:

An agreement has been developed to share the maintenance costs of the traffic signals and safety lighting since these installations benefit both cities. The City of Desert Hot Springs will act as the Lead Agency for the maintenance, and provide the following services:
• Routine maintenance services which include inspections once every thirty days, making necessary repairs, cleaning the controller cabinet once every thirty days, re-lamping and cleaning signal heads and street name signs as required, and re-lamp and clean lights as required.
• Emergency call-out services which include all repair and maintenance services required to preserve public safety in the event of an installation failure. • Arrange for delivery of electrical power
The total cost of the work and services provided by the Lead Agency shall be allocated between Desert Hot Springs and Palm Springs in proportion to each city’s ownership interest in the traffic signals and safety lighting. The City of Palm Springs shall pay the City of Desert Hot Springs their percentage of the cost of services.

SR-22-197
The following existing and future locations of traffic signal and safety light installations shall be jointly owned by the City of Desert Hot Springs and the City of Palm Springs, with maintenance provided by the City of Desert Hot Springs. The corresponding shared responsibility is shown for each intersection:

N Indian Canyon Drive & Lead Agency: Desert Hot Springs 20th Ave (EXISTING) Secondary Agency: Palm Springs
50% City of Desert Hot Springs,
50% City of Palm Springs,
N Indian Canyon Drive & Lead Agency: Desert Hot Springs Coachillin Way (FUTURE) Secondary Agency: Palm Springs
50% City of Desert Hot Springs,
50% City of Palm Springs
N Indian Canyon Drive & Lead Agency: Desert Hot Springs 19th Ave (FUTURE) Secondary Agency: Palm Springs
50% City of Desert Hot Springs,
50% City of Palm Springs
N Indian Canyon Drive & Lead Agency: Desert Hot Springs 18th Ave (FUTURE) Secondary Agency: Palm Springs
25% City of Desert Hot Springs,
25% City of Palm Springs, and
50% Riverside County
FISCAL IMPACT:

The estimated annual cost to the City would be $5,000 per signal. Once all the traffic signals are operational, the annual cost is estimated to be $20,000. The expenses will be included in future budget periods.

ATTACHMENTS:

Exhibit 1 - Shared Traffic Maintenance Agreement with Palm Springs

AGREEMENT FOR MAINTENANCE OF

SHARED TRAFFIC SIGNALS AND SAFETY LIGHTING
THIS AGREEMENT (“Agreement”) is entered into as of this _____ day of ____________, 2022, by and between the City of Desert Hot Springs, a California municipal corporation (“Desert Hot Springs” or “Lead Agency”), and the City of Palm Springs, a California municipal corporation (“Palm Springs” or “Secondary Agency”).

Desert Hot Springs and Palm Springs are collectively referred to herein as the “Parties,” and individually as a “Party.”

RECITALS
This Agreement is made with reference to the following facts:

A. Desert Hot Springs and Palm Springs jointly own certain traffic signals and highway safety lighting installations (collectively, the “Installations”). The Installations are located partly within the jurisdictional boundaries of each city, and in the ownership percentage interests (the “Ownership Interest”) all as shown on Exhibit “A,” attached hereto and incorporated herein by this reference.

B. Palm Springs and Desert Hot Springs agree to share the maintenance of the Installations, and to establish a mechanism to share the cost for such maintenance.

C. The Parties agree to maintain the Installations, each for the benefit of both cities, in accordance with and according to the proportions shown in Exhibit “A.”

AGREEMENT
NOW, THEREFORE, in consideration of the facts set forth above and the mutual covenants, promises, and agreements set forth herein, the Parties hereto do hereby mutually agree as follows:

1. Maintenance.

1.1 Scope of Services. The Lead Agency shall provide, or cause to be provided, “Routine Maintenance Services” and “Emergency Call-Out Services” on traffic signals, highway safety lighting, flashing beacons, and other electrically operated traffic control or warning devices associated with the Installations. The Lead Agency shall also arrange for delivery of electrical power to the Installations (the “Electrical Costs”). The Lead Agency shall be responsible for maintaining the Installations, and shall take full responsibility for the Routine Maintenance Services and Emergency Call-Out Services associated with the Installations. The Lead Agency shall

be reimbursed for providing such services in accordance with Section 2 below.
“Routine Maintenance Services” hereunder shall include the following work:
(a) inspection of the Installations a minimum of once every thirty days, (b) making all necessary repairs to maintain the Installations in proper working order, (c) cleaning the controller cabinet once every thirty days, (d) relamping and cleaning signal heads and internally illuminated street name signs as required; re-lamp and clean luminaries as required. “Emergency Call-Out Services” shall include all repair and maintenance services required to place the affected Installation back into normal operation or provide reasonable temporary measures necessary to preserve the public safety in the event of an Installation failure.

1.2 Extra Work. If the Lead Agency is required to perform work beyond the scope of services described in Section 1.1 above (“Extra Work”), the Lead Agency shall notify the Secondary Agency (as identified in Exhibit “A”) before performing such Extra Work. If Secondary Agency authorizes the Lead Agency, in writing, to perform the Extra Work, the Secondary Agency shall reimburse Lead Agency based on the percent Ownership Interest of the Installation. The Lead Agency’s charge for performing such Extra Work shall be billed in accordance with the billing rates shown in Exhibit “B,” attached hereto and incorporated herein by this reference.

1.3 Custom Materials. If Secondary Agency desires to utilize materials which are customized by color or logo (“Custom Materials”) for the portion of Installations owned by Secondary Agency, such materials shall be provided by the Secondary Agency to the Lead Agency for installation. If the Custom Materials are not provided to the Lead Agency, the Lead Agency shall use Caltrans standard materials. If the Lead Agency desires to use Custom Materials for the portion of Installations owned by Lead Agency, such materials shall not be deemed as reimbursable from the Secondary Agency. 2 Compensation.

2.1 Current Configuration. The total cost of the work and services to be provided by the Lead Agency under this Agreement for Routine Maintenance Services, Emergency Call-Out Services and Electrical Costs (the “Cost of Services”), not including Extra Work, shall be allocated between Desert Hot Springs and Palm Springs in proportion to the Parties’ Ownership Interest in the Installations. The Secondary Agency shall pay to Lead Agency that percentage of the Cost of Services represented by its Ownership Interest in the Installations shown by Exhibit “A.” The Lead Agency shall charge for the Cost of Services in accordance with its standard billing rates as shown in Exhibit “B.” The billing rates provided in Exhibit “B” shall be reviewed annually and revised as the Parties may agree upon in

writing in which event the Parties shall formally amend this Agreement to reflect the same.

2.2 Ultimate Configuration. In the event streets are added and new traffic signals installed on the Palm Springs and Desert Hot Springs boundary, this Agreement may be updated by submitting a revised Exhibit “A,” in which event the Parties shall formally agree in writing to amend this Agreement to reflect the same.

3. Payment. Billing by the Lead Agency shall be made no more frequently than quarterly and shall include an itemized accounting of the Services and, if applicable, Extra Work, rendered during the period. The Secondary Agency shall pay the undisputed billed amount within thirty (30) calendar days after receipt of billing from the Lead Agency. In the event of a dispute, the Secondary Agency shall submit any such dispute in writing to Lead Agency. The Parties shall endeavor to resolve any such dispute and pay the balance due, if any, within a reasonable period of time.

4. Records. Records for the work provided under this Agreement shall be kept by the Lead Agency and shall include the Cost of Services and Extra Work performed.

Such records shall be maintained in accordance with the Lead Agency’s record retention policy and, upon reasonable notice, shall be made available for inspection by the Secondary Agency.

5. Term and Termination. This Agreement shall commence on June 21, 2022 and shall remain in force until terminated in accordance with this section.

Notwithstanding the foregoing, the Secondary Agency shall compensate the Lead Agency for its prorated share of the Electrical Cost of the electrical power delivered to the Installations after June 21, 2022. This Agreement may be terminated, with or without cause, by any Party hereto upon thirty (30) days’ written notice to the other Party of such termination. Any payment obligations outstanding and the indemnity provisions herein below shall survive any such termination.

6. Indemnity. Desert Hot Springs shall indemnify, defend, save and hold harmless Palm Springs, its officers, elected officials, agents, representatives and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of the attorneys’ fees in any such claim or action arising out of or in any manner connected with any negligent acts or omissions or willful conduct of Desert Hot Springs or its officers, elected officials, agents, representatives and employees in the performance of its obligations under this Agreement except to the extent caused by the active or sole negligence or willful misconduct of Palm Springs or its officers, elected officials, agents, representatives and employees.

Palm Springs shall indemnify, defend, save and hold harmless Desert Hot Springs,

its officers, elected officials, agents, representatives and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of the attorneys’ fees in any such claim or action arising out of or in any manner connected with any negligent acts or omissions or willful conduct of Palm Springs or its officers, elected officials, agents, representatives and employees in the performance of its obligations under this Agreement except to the extent caused by the active or sole negligence or willful misconduct of Desert Hot Springs or its officers, elected officials, agents, representatives and employees.

7. Insurance. Desert Hot Springs shall procure and maintain for the duration of this Agreement liability insurance against claims for injuries to persons or damages to property in an amount not less than One Million Dollars ($1,000,000.00) which may arise from or in connection with the activities of Desert Hot Springs its officers, elected officials, agents, representatives and employees under this Agreement by including Palm Springs as a “Protected Party” within the insurance program maintained by Desert Hot Springs with the Public Entity Risk Management Authority (“PERMA”).

Palm Springs shall procure and maintain for the duration of this Agreement liability insurance against claims for injuries to persons or damages to property in an amount not less than One Million Dollars ($1,000,000.00) which may arise from or in connection with the activities of Palm Springs or its officers, elected officials, agents, representatives and employees under this Agreement by including Desert Hot Springs as a “Protected Party” within the insurance program maintained by Palm Springs with PERMA.

8. Notice. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered, or sent by means of professional overnight courier service which confirms receipt in writing (such as Federal Express or UPS), or sent by telecopy or facsimile (“FAX”) machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers:

If to “Palm Springs”: City of Palm Springs

Palm Springs, CA 92234
Attention: Public Works and Engineering
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 323-8299

If to “Desert Hot Springs”: City of Desert Hot Springs

Attention: Public Works Director
11999 Palm Drive
Desert Hot Springs, CA 92270
Telephone: (760) 329-6411 X 216
FAX: (760) 288-0639
Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (1) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier services); (2) the date of the actual receipt (if personally delivered by other means); (3) date of transmission (if sent by telecopy or facsimile machine), or; (4) the date of delivery as indicated on the return receipt (if sent by certified or registered mail, return receipt requested).

Notice of change of address shall be given by written notice in the manner detailed in this paragraph.

9. General Provisions.

9.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto, and contains all of the agreements between the Parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof.

9.2 Amendment and Waiver. This Agreement may be amended at any time by a written agreement executed by Palm Springs and Desert Hot Springs. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the Parties. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the Party granting such waiver, and in no event shall any such waiver be deemed to be a waiver of any other term, covenant or condition of this Agreement.

9.3 Invalid Provision. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

9.4 Headings. The headings of the articles, sections, subsections or paragraphs of this Agreement are inserted solely for convenience of reference, and shall not be deemed to govern, limit or aid in the construction or interpretation of any term of this Agreement.

9.5 Independent Counsel. Each Party has had the opportunity to consult with its own attorney with respect to this Agreement, and in the event that any language contained herein is construed to be vague or ambiguous, this Agreement shall not be strictly construed against either Party.

9.6 Binding Effect. This Agreement shall be binding upon and inure to the

benefit of Palm Springs and Desert Hot Springs.

9.7 Other Documents. The Parties hereto agree that each shall, concurrently herewith, or at any time hereafter, on the demand of the other, execute any other documents or instruments or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this Agreement.

9.8 Counterparts. This Agreement may be executed in any one or more counterparts, and all so executed shall constitute one and the same instrument. Any signature page on any counterpart hereof may be detached from and added to any other counterpart identical in form hereto.

9.9 Attorneys’ Fees. In the event that any party to this Agreement shall bring an action to enforce the provisions of this Agreement or as a result of any default in the performance of any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred by such party in connection with such action.

9.10 Governing Law and Venue. This Agreement shall be construed and governed by the laws of the State of California. The Parties agree that the exclusive venue for any action or proceeding arising from or relating to this Agreement shall be in the County of Riverside, State of California.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above.

CITY OF PALM SPRINGS CITY OF DESERT HOT SPRINGS
By: _______________________ By: ___________________________ JUSTIN CLIFTON, City Manager SCOTT MATAS, Mayor

ATTEST: : ATTEST:

By: ________________________ By: ___________________________ MONIQUE LOMELI , Interim City Clerk JERRYL SORIANO, City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ________________________ By: ______________________________ JEFFREY BALLINGER, City Attorney JENNIFER MIZRAHI, City Attorney

APPROVED AS TO CONTENT:

By: ________________________

N:\DHSO\0007-01 Engineering General Matters\DOC\011 - Shared Traffic Maintenance Agreement with Palm Springs (06.18.19).Docx

EXHIBIT “A”

MAINTENANCE AGREEMENT FOR

TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATIONS

THAT ARE JOINTLY-OWNED BY THE CITY OF DESERT HOT SPRINGS

AND THE CITY OF PALM SPRINGS

MAINTAINED BY THE CITY OF DESERT HOT SPRINGS
LOCATION: OWNERSHIP:

N Indian Canyon Drive & Lead Agency: Desert Hot Springs 20th Ave (EXISTING) Secondary Agency: Palm Springs
50% City of Desert Hot Springs,
50% City of Palm Springs,
N Indian Canyon Drive & Lead Agency: Desert Hot Springs Coachillin Way (FUTURE) Secondary Agency: Palm Springs
50% City of Desert Hot Springs,
50% City of Palm Springs
N Indian Canyon Drive & Lead Agency: Desert Hot Springs 19th Ave (FUTURE) Secondary Agency: Palm Springs
50% City of Desert Hot Springs,
50% City of Palm Springs
N Indian Canyon Drive & Lead Agency: Desert Hot Springs 18th Ave (FUTURE) Secondary Agency: Palm Springs
25% City of Desert Hot Springs,
25% City of Palm Springs, and
50% Riverside County

- 9 -
EXHIBIT “B”

SEE ATTACHED BILLING RATES

SR-22-203
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 6, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: August 2, 2022 City Council Special Meeting Minutes: August 23, 2022
RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - August 2, 2022 Draft City Council Special Meeting Minutes - August 23, 2022

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
5:30 PM - Tuesday, August 2, 2022
Council Chambers
CLOSED SESSION - 5:00 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 5:00 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

PUBLIC COMMENTS
None.

Jerryl Soriano, City Clerk, announced the Closed Session Item.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et seq; Superior Court- Riverside; Case No. CVPS2104940 PRESENTATIONS - 5:30 P.M.

2. Desert Hot Springs Little League Tournament Awards
Mayor Matas and the City Council presented Certificates of Recognition to the Desert Hot Springs Little League.

REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Open Session to order at 6:00 P.M.

City Council
August 2, 2022

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

PLEDGE OF ALLEGIANCE
Council Member Betts led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

APPROVAL OF AGENDA
ACTION: Approve the August 2, 2022 Regular Meeting agenda pulling Item 2 from the Consent Calendar.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

PUBLIC COMMENTS
None.

CONSENT CALENDAR:

3. Second Reading and Adoption of An Ordinance Amending Chapter 5.44 of the Desert Hot Springs Municipal Code Regarding Short Term Vacation Rentals
Recommendation:

Approve Second Reading, read by title only and adopt: “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter

5.44 of the Desert Hot Springs Municipal Code regarding Short Term Vacation Rentals."
Staff Report - SR-22-193 - Pdf
1) George (last name inaudible) expressed support for short term vacation rentals (STVR's).
2) Kent Andersen expressed concerns and spoke opposed to STVR's.

City Council
August 2, 2022
3) Andrew Roth expressed support for STVR's.
4) John Thatcher expressed concerns regarding the cost to enforce STVR regulations.
5) (Name not provided) read a letter from his neighbor Violeta Najarian expressing support for STVR's and concerns regarding the regulations. 6) Dan Rucelli expressed concerns regarding STVR regulations. 7) Nelli Arakelyan expressed concerns regarding STVR regulations. 8) Walter (last name not provided) expressed concerns regarding STVR regulations.
9) (Name not provided) expressed concerns regarding STVR regulations. 10) Amber (last name not provided) expressed support for STVR regulations.

A discussion ensued.

ACTION: Approve Staff recommendation and adopt Ordinance No. 764.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

ADJOURN
Mayor Matas adjourned the meeting at 6:49 P.M.

Jerryl Soriano, CMC, City Clerk

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Special Meeting
4:00 PM - Tuesday, August 23, 2022
Council Chambers
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:00 P.M.

ROLL CALL

Present:

Council Members: Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

Absent:

Council Member: Russell Betts

PUBLIC COMMENTS
None.

Jennifer Mizrahi, City Attorney, announced the Closed Session items.

CLOSED SESSION:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: APNs 661-20-9014, 661-30-2027, 661-31-3007, 661-32-1037 Agency Negotiator: Luke Rainey, City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: County of Riverside and the City of Desert Hot Springs Under Negotiation: Price and Terms

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et seq; Superior Court- Riverside; Case No. CVPS2104940 OPEN SESSION - 4:30 P.M.

City Council
August 23, 2022

CALL TO ORDER
Mayor Matas called the Open Session to order at 4:30 PM.

ROLL CALL

Present:

Council Members: Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

Absent:

Council Member: Russell Betts

PLEDGE OF ALLEGIANCE
Council Member Nuñez led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

PUBLIC COMMENTS
None.

ADMINISTRATIVE CALENDAR:

3. Resolution to Purchase the Rancho Del Oro Landscape Maintenance District Tax-Default Parcels
Staff Report - SR-22-198 - Pdf
Recommendation:

Adopt a Resolution of the City Council: 1) declaring its objections to the public sale of parcels 661-29-2014, 661-30-2027, 661-31-3007, 661-32-1037; and 2) declaring its intent to purchase parcels 661-29-2014, 661-30-2027, 661-31- 3007, 661-32-1037 for the price determined with Section 3793.1 of the California Revenue and Taxation Code and the Riverside County Office of the Treasure-Tax Collector policy number 98-1, in the amount of $14,091.97.

Council Member Nuñez recused from the discussion regarding APN 661-321- 037 due to a potential conflict of interest.

Nicholas Haecker, Public Works Director, presented the staff report.

City Council
August 23, 2022
ACTION: Approve Staff recommendation for APNs: 661-209-014; 661-302- 027; and 661-313-007 and adopt Resolution No. 2022-040.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 4-0 by the following votes:

AYES: Nuñez, Pye, Gardner, and Matas
ABSENT: Betts
ACTION: Approve Staff recommendation for APN 661-321-037 and adopt Resolution No. 2022-040.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 3-0 by the following votes:

AYES: Pye, Gardner, and Matas
ABSENT: Betts
RECUSE: Nuñez

ADJOURN
Mayor Matas adjourned the meeting at 4:37 P.M.

Jerryl Soriano, CMC, City Clerk

SR-22-201
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: September 6, 2022
Department: Administrative Services
Prepared by: Viviana Gonzalez-Osorio, Management Analyst Subject: Contracts Management Report as of August 15, 2022 RECOMMENDATION:

Receive and file.

DISCUSSION:

Of the FY 2022-2023 Consolidated General Fund adopted operating budget of $31.24 Million, $6.66 Million, or 21% is comprised of contract services. To facilitate management of the City’s contracts, a Contracts Management Report (Exhibit 1) has been developed and is submitted to the City Council for informational purposes. This report is comprised of operational contracts over $5,000.00 in support of daily City operations. This report assists staff in proactively administering contracts.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Contracts Management Report as of August 15, 2022

City of Desert Hot Springs
Contracts Management Report
September 06, 2022
Balance as of August 15, 2022
Service/Commodity Provided Current
Contractor/ Consultant
Responsible
Department / Division
Annual Contract
Amount Total Contract Amount
Total
Contract
Remaining
Balance
Contract
Effective
Date
Contract Expiration
Date
JOHN H. FURBEE AQUATICS CENTER POOL SERVICES 1 STOP POOL PROS Public Works $ 144,890.04 $ 144,890.04 $ 144,890.00 7/2/2019 6/30/2023 CITY WIDE ZONE 3 & 4 LANDSCAPE SERVICES DESERT CONCEPTS CONSTRUCTION Public Works $ 223,140.00 $ 223,140.00 $ 223,140.00 7/1/2019 6/30/2023 CITYWIDE JANITORIAL SERVICES KELLER MEYER BERGENSONS SERVICES LLC Public Works $ 268,092.12 $ 268,092.12 $ 268,092.12 7/1/2019 6/30/2023 CITY WIDE ZONE 1 & 2 LANDSCAPE SERVICES MARIPOSA LANDSCAPES, INC. Public Works $217,712.48 $217,712.48 $217,712.48 7/1/2021 6/30/2023 SENIOR CENTER MANAGEMENT MIZELL SENIOR CENTER Public Works $ 203,755.00 $ 203,755.00 $ 203,755.00 3/1/2019 6/30/2023 CITYWIDE STREET SWEEPING SERVICES SWEEPING CORPORATION OF AMERICA Public Works $ 98,682.10 $ 98,682.10 $ 98,682.10 1/1/2022 6/30/2023 CITYWIDE TRAFFIC SIGNAL SERVICES YUNEX LLC Public Works $ 56,980.00 $ 56,980.00 $ 56,980.00 7/1/2015 6/30/2023 SPECIAL DISTRICT ADMIN SERVICES WEBB MUNICIPAL FINANCE LLC Admin Services Agreement for a period of (3)
years beginning FY19-20
and continue until FY 21-22 Not
to exceed $256,615. $256,615 $0 11/20/2018
Funding exhausted as of
7/1/2022. RFP process
scheduled for Fall 2022
PROPERTY TAX AUDIT SERVICES HDL (HINDERLITER, DELLAMAS) COREN & CONE Admin Services Per Base Fixed Services Fee $94,887 $13,098 5/23/2017 6/30/2023 MARIJUANA DISPENSARY AUDIT SERVICES HDL (HINDERLITER, DELLAMAS) COREN & CONE Admin Services Not to exceed $104,500 through
FY 23-24 $104,500 $21,000 10/26/2016 6/30/2024
AUDIT SERVICES THE PUN GROUP Admin Services
TO 06/30/17: $68,440
FY 17-18: $69,809
FY 18-19: $71,204
FY 19-20: $72,628
FY 20-21 $74,082
FY 21-22 $75,563 $431,726 $150,028 4/18/2017
Contract expires after completion
of the FY 21-22 Audit
DEBRIS ABATEMENT PROGRAM DESERT VALLEY DISPOSAL (DVD) Admin Services $206,915 $206,915 $189,672 7/1/2021 Month to Month GRANT WRITING, RESEARCH & CONSULTING SERVICES EVAN BROOKS ASSOCIATES, INC. Admin Services $72,031 $72,031 $0 11/17/2020 Not to exceed annual dollar
amount
BANKING SERVICES MUFG UNION BANK OF CALIFORNIA Admin Services Per MUFG Union Ban k Price
Schedule
Per MUFG Union Ban k Price
Schedule N/A 5/19/2015 5/19/2023
FISCAL BUDGETING CONSULTING SERVICES URBAN FUTURES Admin Services $75,000.00 Annually (Total 3
year contract amendment not to
exceed $225,000.) $225,000 $155,611 10/10/2020 6/30/2023 GENERAL LEGAL SERVICES STREAM KIM City Manager Rate Schedule Rate Schedule Rate Schedule 7/1/2021 Open LITIGATION LEGAL SERVICES STREAM KIM City Manager Rate Schedule Rate Schedule Rate Schedule 7/1/2021 Open Page 108 of 110 COUNCIL VIDEO AWESOME DUDE VIDEO City Manager / City Council NA NA NA 10/1/2012 Month to Month City of Desert Hot Springs
Contracts Management Report
September 06, 2022
Balance as of August 15, 2022
Service/Commodity Provided Current
Contractor/ Consultant
Responsible
Department / Division
Annual Contract
Amount Total Contract Amount
Total
Contract
Remaining
Balance
Contract
Effective
Date
Contract Expiration
Date

LEGAL SERVICE LIEBERT CASSIDY
City Manager / Human
Resources Rate Schedule Rate Schedule Rate Schedule 2/4/2014 Month to Month TEMP SERVICES ROBERT HALF/OFFICE TEAM/CCOUNTEMPS Human Resources Rate Schedule Rate Schedule Rate Schedule 6/21/2022 Open TEMP SERVICES ATWORK PERSONNEL SERVICES Human Resources Rate Schedule Rate Schedule Rate Schedule 6/21/2022 Open TEMP SERVICES PROPER SOLUTIONS Human Resources Rate Schedule Rate Schedule Rate Schedule 6/21/2022 Open TEMP SERVICES LABOR FINDERS Human Resources Rate Schedule Rate Schedule Rate Schedule 6/21/2022 Open BUILDING PLAN CHECK INSPECTION SERVICES SCOTT FAZEKAS & ASSOCIATES Community Development $500,000 Annually plus
$100,000 contingency for a total
annual not to exceed of
$600,000. Not to Exceed $600,000
$140,035 (not
including $100,000
contingency) 9/7/2021 6/30/2024

BUILDING PLAN CHECK INSPECTION SERVICES/ OFFICIAL
& CASP SERVICES WILLDAN ENGINEERING Community Development FY 18-19 Contract Not to
Exceed $500,000. - Shall
automatically renew for (4)
successive 1 year terms 2023
Not to Exceed $500,000 $103,404 2/5/2019 6/30/2023
PLANNING STAFFING SERVICES WILLDAN ENGINEERING Community Development FY 19-20 Contract - Not to
Exceed $50,000.

Not to Exceed $50,000 $27,754 1/30/2020 24 Hr. Termination Clause PLAN CHECK SERVICES INTERWEST CONSULTING GROUP, INC. Community Development FY 18-19 Contract Not to
Exceed $500,000. - Shall
automatically renew for (4)
successive 1 year terms 2023
Not to Exceed $500,000 $496,538 2/5/2019 6/30/2023
ENVIRONMENTAL SERVICES CHAMBERS GROUP, INC. Community Development FY 19-20 Three (3) Year
Contract Not to Exceed
$150,000 per year.

Not to Exceed $450,000 $85,555 7/1/2019 Pending
DISPATCH SERVICES CITY OF CATHEDRAL CITY Police
TOTAL 2015-2018: $3,967,533
FY 18-19 $1,269,119.

FY 19-20 $1,315,124.56
FY 20-21 $1,362,797.83
FY 21-22 $1,412,199.25 $9,326,774 $353,050 1/1/2015 9/1/2022

EASTERN RIVERSIDE COUNTY INTEROPERABLE
COMMUNICATIONS AUTHORITY (ERICA) CITY OF INDIO Police
TOTAL 2015-2018:
$1,032,588.84, FY 2018-2019
$351,082.11, FY 2019-2020
$355,509.11 $1,739,180 $806,003 7/1/2015
Automatic Annual
renewal
ANIMAL SERVICES COUNTY OF RIVERSIDE ANIMAL SERVICES Police Billed per rate schedules $36,000 $36,000 7/1/2020 6/30/2023 FIRE SERVICES RIVERSIDE COUNTY FIRE DEPARTMENT Police
TOTAL FOR EACH FY: 2021-
2022 $1,831,996 2022-2023
$1,948,842 2023-2024
$2,071,434 $5,852,272 $4,939,047 7/1/2021 7/30/2024
GRAFFITI REMOVAL GRAFFITI PROTECTIVE COATING Police $60,000 $60,000 $60,000 7/1/2022 6/30/2023 Page 109 of 110 City of Desert Hot Springs
Contracts Management Report
September 06, 2022
Balance as of August 15, 2022
Service/Commodity Provided Current
Contractor/ Consultant
Responsible
Department / Division
Annual Contract
Amount Total Contract Amount
Total
Contract
Remaining
Balance
Contract
Effective
Date
Contract Expiration
Date
CANNABIS COMPLIANCE SERVICES CANNABIS COMPLIANCE SOLUTIONS Police Per Rate Schedule - not to
exceed $165,600.

Month to Month $13,800
per month N/A 7/1/2020 Month to Month

CODE ENFORCEMENT/VEH ABATEMENT CONTRACT
SERVICES PAMELA CHAFFIN Police $50,000 $50,000 $1,616 7/1/2020 24 Hr. Termination Clause Page 110 of 110