Minutes — Desert Hot Springs City Council, April 18, 2023 (part 1 of 2)

City of Desert Hot Springs

ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, April 18, 2023
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, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
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: (City of Desert Hot Springs v. De La Rosa, et al.; Riverside Superior Court Case Number PSC1802371)

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 al.; Riverside Superior Court Case Number CVPS2104940)

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (In Re: 66220 1st Street Desert Hot Springs, California 92260; Riverside Superior Court Case Number CVRI2204747)

Page 1 of 276 ends

City Council
April 18, 2023

4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Newrez, LLC dba Shellpoint Mortgage Servicing vs City of Desert Hot Springs, et al.; Riverside Superior Court Case Number CVPS2301298)

5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (two potential cases)

6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (City of Desert Hot Springs v. Cay, LLC;
Riverside Superior Court Case Number CVPS2300272)

7. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (City of Desert Hot Springs v. Irene Valenti, et al.; Riverside Superior Court Case Number PSC1802698)

8. 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; Riverside Superior Court Case Numbers CVPS2106001, APRI2200098, APRI2200109)

9. 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; Riverside Superior Court Case Numbers CVPS2106016, APRI2300007)

10. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Joseph Miner v. Christina Newsom, et al.; United States District Court Case Number 8:22-cv-01043-CAS-MAA)

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

Property:13700 Palm Drive, Desert Hot Springs, CA 92240 (APN 641-294-042); and 17825 Indian Avenue, Palm Springs, CA 92258 (APNs 666-150-003, 666- 150-007, and 666-150-008)
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Under Negotiation: Price and Terms

Page 2 of 276 ends

City Council
April 18, 2023

12. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Unrepresented employee: City Manager
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, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas

INVOCATION
Bishop Robert Taylor gave the Invocation.

PLEDGE OF ALLEGIANCE
Councilmember Gardner 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 April 18, 2023 Regular Meeting agenda.

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

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

PUBLIC COMMENTS
Tom Moen suggested that the City assist residents in wind proofing their homes; and expressed concerns regarding lane widths on Palm Drive.

Page 3 of 276 ends

City Council
April 18, 2023

CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.

Nicholas Haecker, Public Works Director, provided an update regarding various Public Works projects.

Roberta Crncic, Recreation and Community Services Director, provided Recreation Center updates and announcements.

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

Councilmember Gardner reported on the various meetings and events he attended.

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

Councilmember Pye reported on the various meetings and events she attended.

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

Item 17 was considered at this time.

PUBLIC HEARINGS:

13. Transfer of Ownership Modification Fees Related to Cannabis Facilities Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony from those in favor;
5) Take testimony from those opposed;
6) Take testimony from those in a neutral position;
7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, County of Riverside, State of California, Adopting the Transfer of Ownership Modification Fees Related to Cannabis Facilities and the Nexus Study Prepared Therefor. (Exempt from CEQA per Guidelines Section 15061(b)(3)) Staff Report - SR-23-070 - Pdf
Christina Newsom, Compliance Director, presented the staff report.

Mayor Matas opened the Public Hearing.

Page 4 of 276 ends

City Council
April 18, 2023
There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-010.

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

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

14. Temporary Cannabis Cultivation Tax Reduction Ordinance Recommendation:
1) Receive public input on the proposed ordinance; and
2) Introduce for First Reading, and Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapters 3.33 (titled “Marijuana Cultivation Tax”) and 3.35 (titled “Medical Marijuana Cultivation Tax”) to amended sections 3.33.005 (titled “Imposition of Tax”) and 3.35.005 (titled “Imposition of Tax”) to lower recreational and medical cultivation taxes of the Desert Hot Springs Municipal Code (“DHSMC”) during the temporary term of January 1, 2023, to June 30, 2023.

Staff Report - SR-23-092 - Pdf
Sean Smith, Economic Development Director, presented the staff report.

Jennifer Mizrahi, City Attorney, stated a correction to the ordinance that the amount should read $5.10 instead of $5.00.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

A discussion ensued.

ACTION: Approve Staff recommendation with corrections stated by the City Attorney.

Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
As an amended motion, Councilmember Betts moved to set the amount at $5.00 instead of $5.10. The motion failed for lack of a second.

The original motion carried 4-1 by the following votes:

Page 5 of 276 ends

City Council
April 18, 2023
AYES: Betts, Gardner, Nuñez, and Matas
NOES: Pye
ADMINISTRATIVE CALENDAR:

15. Lighting and Landscape Maintenance Districts and Drainage Assessment District Initiate Proceedings for the FY 2023-24 Levy and Collection of Assessment
Recommendation:
1) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B for Fiscal Year 2023-24; 2) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Landscape and Lighting Maintenance District No. 2 for Fiscal Year 2023-24; and
3) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2023-24.

Staff Report - SR-23-088 - Pdf
At this time, straws were drawn under the Rule of Necessity because a majority of the City Council members present had a potential conflict of interest.

Mayor Matas and Mayor Pro Tem Nuñez recused from the proceedings due to a potential conflict of interest.

Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution Nos. 2023-012 (Citywide LLMD No. 1), 2023-013 (LLMD No. 2), and 2023-014 (DAD No. 1).

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

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

16. Azure Palm Spa Incentive Update
Recommendation:

Receive and file.

Staff Report - SR-23-090 - Pdf
Sean Smith, Economic Development Director, presented the staff report and responded to questions.

Page 6 of 276 ends

City Council
April 18, 2023
The report was received and filed.

17. Desert Hot Springs Historical Society Funding Request Recommendation:

Consider a funding request from the Desert Hot Springs Historical Society in the amount of $25,000.

Staff Report - SR-23-091 - Pdf
Item 17 was considered following "Mayor and Council Member Reports." Sean Smith, Economic Development Director, presented the staff report and responded to questions.

Robert Griffith, President, Historical Society, addressed the City Council and responded to questions.

Barbara Eastman spoke in support.

Donna Wardean spoke in support.

Joan Fallstone spoke in support.

Dorothy Warren spoke in support.
(Name not provided), spoke in support.

A discussion ensued.

ACTION: Approve the funding request from the Desert Hot Springs Historical Society in the amount of $25,000.

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

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

18. Award Professional Services Agreement for the Design of the Hacienda Avenue Spa Zone Street Improvements
Recommendation:

Authorize the City manager to execute, and make substantive changes as necessary, the Professional Services Agreement for the design of the Hacienda Spa Zone Improvement project with NV5, Incorporated in the amount not to exceed $378,800 with a contingency of $37,880 for any additional work as approved by the City, which brings a total budget of $416,680.

Staff Report - SR-23-086 - Pdf

Page 7 of 276 ends

City Council
April 18, 2023
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

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

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

19. Award Construction Contract for the Construction of HSIP 9-1 Palm Drive Safety Improvement Project (Federal Project No. HSIPL-5384(023), City Project No. 3019)
Recommendation:

Award the construction contract agreement to the lowest responsive bidder, Crosstown Electrical & Data, Inc. and authorize the City Manager to execute the agreement, and make substantive changes as necessary, by and between Crosstown Electrical & Data, Inc. and the City of Desert Hot Springs for the Construction of the 9-1 Palm Drive Safety Improvement Project, Federal Project No. HSIPL-5384(023), City Project No. 3019 in the amount of $355,676, and approve a 10% contingency amount of $35,567.60, and as-needed inspection services of $15,720, which brings the total project budget to $406,963.60.

Staff Report - SR-23-087 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

Tom Moen spoke in support.

ACTION: Approve Staff recommendation.

Moved by Council Member Pye
Seconded by Council Member Gardner
Carried 5-0 by the following votes:

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

20. State Homeland Security Grant Program
Recommendation:
1) Support this project and authorize the City manager or her designee to execute this agreement as specified in the FY22 Standard Assurances Federal Grant Programs; and
2) Adopt a Resolution of the City Council of the City of Desert Hot Springs, ratifying the approval and acceptance of the Fiscal Year 2022 State Homeland Security Program Grant, Grant Award #2022-0043 in an amount of up to $60,000.

Staff Report - SR-23-075 - Pdf

Page 8 of 276 ends

City Council
April 18, 2023
Steven Shaw, Deputy Chief, presented the staff report.

ACTION: Approve Staff recommendation and adopt Resolution No. 2023-015.

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

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

21. Carl May Community Center Tenant Improvements - Notice of Completion Recommendation:

Approve the work, accept the project, and direct the City Manager to file the Notice of Completion for the Carl May Center Tenant Improvement Project.

Staff Report - SR-23-089 - Pdf
Nicholas Haecker, Public Works Director, presented the staff report.

ACTION: Approve Staff recommendation.

Moved by Mayor Matas
Seconded by Council Member Betts
Carried 5-0 by the following votes:

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

PUBLIC COMMENTS
Andy Tai distributed and discussed correspondence regarding his property at 11360 Palm Drive.

ADJOURN
Mayor Matas adjourned the meeting at 7:39 P.M.

Jerryl Soriano, CMC, City Clerk

Page 9 of 276 ends

Page 10 of 276 ends

SR-23-070
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 18, 2023
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Compliance Director
Subject: Transfer of Ownership Modification Fees Related to Cannabis Facilities RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony from those in favor;
5) Take testimony from those opposed;
6) Take testimony from those in a neutral position;
7) Close the Public Hearing;
8) City Council discussion; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, County of Riverside, State of California, Adopting the Transfer of Ownership Modification Fees Related to Cannabis Facilities and the Nexus Study Prepared Therefor. (Exempt from CEQA per Guidelines Section 15061(b)(3)) BACKGROUND:

The California Constitution allows municipalities to recover reasonable costs borne from providing certain services to certain individuals. The City is permitted to charge fees based on “costs reasonably borne” by the City. However, the fees may not exceed the costs of providing the service. “Costs reasonably borne” is intended to include all appropriations by an entity for the appropriate costs for the continuation of the service over time. This includes ongoing expenses such as operating costs and an allocation for overhead and administration. The types of costs include salaries and wages; employee fringe benefits; maintenance and operations costs; overhead costs; general City and department and/or divisional overhead costs. Without corresponding user fees, these services would be funded by tax revenues. In June 2020, the City adopted its current user fee schedule based on the User Fee Study completed in April 2020.

DISCUSSION:

On March 7, 2023, The City Council approved An Ordinance Repealing and Replacing Chapter 5.50 Cannabis Businesses of the Desert Hot Springs Municipal Code. Per the new regulations a new fee was to be set by resolution:

1. Transfer of Ownership Modification Fee

Page 11 of 276 ends

SR-23-070
New fees need to be added due to new regulations or as the City adds services. The following are proposed fees to be added to the user fee schedule: proposed fees to be added to the user fee schedule:

Transfer of Ownership Modification Fee
User Fee Calculations - Transfer of Ownership Modification Fully
Burdened
Hourly Rate
Calculation
Salary Hourly
Rate
Fringe
Benefits
Maintenance
&Operations
Costs
Overhead
Costs Total
Position 47% 19% 173%
Compliance
Director 66.30 30.98 12.39 114.86 224.52
Compliance
Management
Analyst

35.12 16.41 6.56 60.84 118.94
Compliance
Administrative
Assistant II

22.98 10.73 4.29 39.80 77.80
(Percentages for Fringe Benefits, Maintenance & Operations Costs, and Overhead Costs are per the Fully Allocated Hourly Rate Detail Report calculated as part of the user fee study in August 2020)
Transfer of Ownership-Regulatory Permit Modification Fee Position Staff Time(in
hours)
Fully Burdened
Hourly Rate Total Cost
Compliance Director 2 224.52 449.05
Compliance
Management Analyst 1 118.94 118.94
Community
Development
Administrative
Assistant II
1 77.80 77.80
Total-This would be
the fee amount per
permit for full cost
recovery
$645.79
FISCAL IMPACT:

As these are new fees, the fiscal impact will be an increase in user fee revenue for the City. Currently, the City processes approximately eight transfer of ownership regulatory permit modifications a year, which will generate $5,166.32 in new user fees.

ATTACHMENTS:

Exhibit 1 - Resolution for Transfer of Ownership Fee Study

Page 12 of 276 ends

RESOLUTION NO. 2023-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE

OF CALIFORNIA, ADOPTING THE NEW USER FEES

RELATED TO CANNABIS TRANSFER OF OWNERSHIP

PERMITS AND THE NEXUS STUDY PREPARED THEREFOR
WHEREAS, the City of Desert Hot Springs has established new rules and regulations for Cannabis Transfer of Ownership Permits, as defined in Chapter 5.50 of the Desert Hot Springs Municipal Code (“DHSMC”); and
WHEREAS, the fees related to Cannabis Transfer of Ownership Permits are needed to cover the City’s costs in administering regulations associated with the transfer, such as background checks, out of state disclosures, live scans and other submittal requirements; and d WHEREAS, the City wishes to comply with both the letter and the spirit of the California Constitution and limit the growth of taxes; and
WHEREAS, the City provides various services related to the proper Cannabis Transfer of Ownership Permits to the public including, but not limited to, processing applications, reviewing plans and maps, reviewing camera plans, reviewing odor plans, issuing permits, etc. (the “Cannabis Transfer of Ownership Permits Services”); and WHEREAS, the City desires to establish a methodology of recovering the costs reasonably borne from providing services as they relate to Cannabis Transfer of Ownership Permits certain other special services, including but not limited to, those concerning park and recreation services, police and fire services, and other miscellaneous City services, such that general taxes are not diverted from general services of a broad nature and thereby utilized unfairly and inequitably for such special services (“City Services”); and WHEREAS, City Council intends to collect fees (the “Fees”) to offset the costs associated with providing the Cannabis Transfer of Ownership Permits and City Services; and WHEREAS, because some of the Fees are described in Government Code Section 66014, the City is required to hold at least one open and public meeting as well as a general description of the matter to be considered are to be mailed at least 14 days prior to the date of the meeting to those parties (if any) who have filed requests for such notifications; and WHEREAS, since no requests for such notification were filed with the City, no notices were mailed; and
WHEREAS, data indicating the amount of the estimated cost required to provide the Cannabis Transfer of Ownership Permits and City Services and the resources anticipated to fund the same were made available to the public at least 10 days prior to the date of this meeting, in accordance with Government Code Section 66016; and

Page 13 of 276 ends

WHEREAS, pursuant to Government Code Sections 66016 and 66018, the enactment or increase in any fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and WHEREAS, pursuant to Government Code Section 66018, the City complied with all notice and hearing requirements thereof; and
WHEREAS, City staff has prepared and presented to the City Council a “User Fee Study for Cannabis Transfer of Ownership Permits ” (the “User Fee Study”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A”, which details the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues, if any; and,
WHEREAS, a duly noticed public hearing before the City Council was held on April 18, 2023, at which public testimony was received and duly considered on the proposed Fees; and WHEREAS, the amount of the Fees does not exceed the true cost of providing the Cannabis Transfer of Ownership Permits services; and
WHEREAS, the establishment of the fees as set forth in the User Fee Study is not a “project” subject to the California Environmental Quality Act because it is a funding mechanism and has no physical effect on the environment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the Recitals set forth above are true and correct.

Section 2. APPROVAL OF USER FEE STUDY
That the City Council hereby approve and adopt the User Fee Study and the fees and charges contained herein.

Section 3. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 4. SEVERABLITY
That if any provisions of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 5. EFFECTIVE DATE

Page 14 of 276 ends

That this Resolution shall take effect upon its adoption and the User Fee Study and the Fees contained therein shall take effect immediately, but the fees therein shall take effect accordance with law.

Section 6. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and enter it into the book or original resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this _____ day of _____ 2023 by the following vote:

AYES:

NAYES:

ABSENT:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney

Page 15 of 276 ends

EXHIBIT A

Page 16 of 276 ends

SR-23-092
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 18, 2023
Department: Economic Development
Prepared by: Sean Smith, Economic Development Director
Subject: Temporary Cannabis Cultivation Tax Reduction Ordinance RECOMMENDATION:
1) Receive public input on the proposed ordinance; and
2) Introduce for First Reading, and Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapters 3.33 (titled “Marijuana Cultivation Tax”) and 3.35 (titled “Medical Marijuana Cultivation Tax”) to amended sections 3.33.005 (titled “Imposition of Tax”) and 3.35.005 (titled “Imposition of Tax”) to lower recreational and medical cultivation taxes of the Desert Hot Springs Municipal Code (“DHSMC”) during the temporary term of January 1, 2023, to June 30, 2023 BACKGROUND:

On April 4, 2023, the City Council approved a temporary 50% reduction in the cannabis cultivation tax for the current tax period of January 1, 2023, through June 30, 2023.

Please see Exhibit 1 for a copy of the April 4th staff report.

DISCUSSION:

The proposed ordinance is memorializing the temporary 50% reduction in the cannabis tax for the current tax period of January 1, 2023 through June 30, 2023.

Introduction for the first reading of the draft ordinance (attached as Exhibit 2) would enact the temporary reduction as previously approved.

FISCAL IMPACT:

The 50% reduction for the current tax period equates to an estimated budget shortfall of $1,167,892, which will be backfilled through the Cannabis Emergency Reserve.

ATTACHMENTS:

Exhibit 1 - April 4, 2023 Staff Report
Exhibit 2 - Cultivation Tax Reduction Ordinance

Page 17 of 276 ends

EXHIBIT1 — APRIL4,2023STAFFREPORT

Page 18 of 276 ends

City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 4, 2023
Department: Economic Development
Prepared by: Sean Smith, Economic Development Director , Subject: Proposed Temporary Reduction in Cannabis Cultivation 'l'ax ,:REC.OMMENDATION: _ _, V. ,
V Staff recommends that the City Council:
1) Provide direction on a proposed temporary reduction in the cannabis cultivation tax rate for the current tax period of January 1, 2023 — June 30, 2023; and ' 2) Direct staff to conduct a comprehensive assessment of the Desert Hot Springs cannabis industry and present findings and associated recommendations to the City Council.

BACKGROUND:

As one of the first citiesto allow forthe legalcultivation, manufacturing, and saleofcannabis, Desert Hot ‘Springs experienced a surge of industry related development. Being one ofjust a few California cities to initiallyembrace cannabis, Desert Hot Springs was able to capture a significant amount of the state’s first phase of growth. ’ While the initial demand for cannabis related development in Desert Hot Springs was strong, the industry has experienced a lag in growth. Subsequent to Desert Hot Springs pioneering the industry, many other California cities haveembraced cannabis with tax structures that are more economically favorable. In addition to taxes, factors such as security costs, a significant drop in wholesale flower prices, the illicitmarket, and more are placing added financial burden on operators. These challenges are not unique to Desert Hot Springs. In fact, the State of California suspended its cannabis cultivation tax in 2022 as a result ofthe strained market conditions.

DISCUSSION: .

V Staff has recently metwith several local cultivators who have voicedconcern over theirabilityto continue operations under current conditions. In an effort toaddress these concerns and better understand the circumstances impacting the Desert Hot Springs industry, staff is recommending a temporary reduction in the cultivation tax rate during which staff will complete a comprehensive assessment of the local market.

FISCAL IMPACT:

Staff is recommending consideration for either a 25% or a 50% temporary reduction in the applied cultivation tax rate. Based on current revenue projections, the estimated loss of revenueto the City for each scenario would be:

SR-23-074

Page 19 of 276 ends

- o 25% reduction for the current tax period = $583,950. 0 50% reduction for the current tax period = $1,167,892.

The current Cannabis cultivation rate is $10.20 per square foot. A25% reduction would bring thesquare footage tax to $7.65 for the current tax period (January 1, 2023 - June 30, 2023). A 50% reduction would bring the square footage tax to $5.10 per square foot for the current tax period (January 1, 2023 — June 30,2023).

Staff recommends that the shortfallin revenue be mitigated through utilization of the Cannabis Emergency Reserve. With a current balance of over $5 million,the Cannabis Emergency Reserve can address the revenue shortfall in either percent reduction option.

SR—23—O74
A

Page 20 of 276 ends

EXHIBIT2 - ORDINANCE

Page 21 of 276 ends

ORDINANCE NO. __ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOTSPRINGS, CALIFORNIA, AMENDING ~ CHAPTERS 3.33 (TITLED “MARIJUANA CULTIVATION TAX” AND 3.35 (TITLED “MEDICAL MARIJUANA
CULTIVATIONTAX”) TO AMENENDSECTIONS 3.33.005
(TITLED “IMPOSITIONOF TAX”) AND 3.35.005(TITLED
“IMPOSITION OF TAX”) TO LOWERSRECQTIONAL
AND MEDICAL CULTIVATIOI\L_i\;XES EDESERT

HOT SPRINGS MUNICIPAL
THE TEMPORARY TERM OF __ 3 O JUNE
30, 2023 W WHEREAS, the City of Desert Hot Sprin_. rationand a charter city; and If‘:
us marijuana cultivators
E_;Marijuana Cultivation
WHEREAS, it has cometo thehave inquired into having the City Facilities, as defined by Desert Hot Mi‘

17.180.030, and regulated pursaant t%DHS "
' -.7.180.050;and
_ u cultivation curr*”e‘:”i':T=._1-.5I.:_impos axes as fol|ow%‘ln the event the cultivation of marijuana -forcasual/recreational use is legalized or decriminalized inCalifornia, any person or entity cultivating marijuana for casual/recreational use in the City shall pay an annual tax of $10 per square foot for spa%g;utilized irimggnnectionwith the cultivation of marijuana for casual/recreationaluse."”;i"£‘ EL. S»:
ion 3.35.005 as it relates to medical marijuana
cultivation cu impose . .;_:s‘ as follows, “Every medical marijuana collective, cooperative, dispensary, operator, establishment, provider or other type of entity legally cultivating medical marijuana in the City, consistent with the provisions of the Medical Marijuana Program Act (California Health and Safety Code Section 11362.5 etseq.), shall pay an annual tax of $10 per square foot for space utilized in connection with the cultivation of marijuana for medical use.;” and
WHEREAS, DHSMC Section 3.33.060 provides in part that the City Councilcan amend the recreational cultivation marijuana tax in a manner which doesnot result in an increase in the amount of the tax or broaden the scope of the tax imposed herein, without further voter approval; and '

Page 22 of 276 ends

WHEREAS, DHSMC Section 3.35.070 provides in part that the City Council can amend the medical cultivation marijuana tax in a manner which does not result in an increase inthe amount of the tax or broaden the scope of the tax imposed herein,without further voter approval; and
WHEREAS, DHSMC Sections 3.33.070 (recreational) and 3.35.080 (medical) provide, among other things that the City Manager, or designee, and/or the City Council by ordinance may promulgate regulations to implement Chapter 3.33 and 3.35; and WHEREAS, on April 4, 2023, the City Council agendized anitem to discuss marijuana cultivation taxation in general, and provided-Staff digection to lower Marijuana CultivationTaxes on a temporary basis for th_:a_:— Wary 1, 2023, to June 30, 2023 (“Temporary Term”); and
WHEREAS, the City Council deems n’
defined by DHSMC Section 17.180030 and
and
WHEREAS, at this time, the Ci
to explicitly lower the marijuana c
"' '
defined by DHSMC Section ..

17.180.050; and
Temporary Term; and
requires Chapters 3.33 and 3.35 as proposed
6;
significant effect on theTe‘"n’”""6nment; and
WHEREAS, the City Council finds that thisordinance is good for the public health, safety and welfare.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Section RECITALS

Page 23 of 276 ends

That the foregoing recitals aretrue and correct and are herein adopted by this reference. '
Section 2. AMENDMENT OF SECTION 3.33.005 TITLED
“IMPOSITION OF TAX: OF CHAPTER 3.33 TITLE
“MARIJUANA CULTIVATION TAX” OF THE DESERT HOT

SPRINGS MUNICIPAL CODE (FOR RECREATIONAL
’ MARIJUANACULTIVATION)
Section 3.33.005 of the Desert Hot Springs Municipal Code shall be amended to read as follows: I
~

3.33.005. lmpositionofTax
legalized or decriminalized in California, any person or entity cultivating marijuana for casual/recreational use in the City shall pay an annual tax of $10 per square foot for space utilized in connection with the cultivation of marijuana for casual/recreational use. However, for the temporkawgyji termof January 1, 2023 to June 30 2023 the cultiva. Eiéshall be“1‘E:..%0.0lus ad'ustment er Consumer Price Index, per sguare foot for space utilized in connection with the cultivation of marijuana forcasual/recreational use. sectiafrs "
I
T 3.35.005 TITLED
' ‘IONTAX” OF THE DESERT HOT

MUNICIPAL CODE (FOR MEDICALMARIJUANA
Section 3.35.; ". ot Spri?_*g‘:s Municipal Code shall be amended to read as follows:

3.35.005. I
Every medical marijuana collective, cooperative, dispensary, operator, establishment, provider or other type of entity legally cultivating medical marijuana in the City, consistent with the provisions of the Medical Marijuana Program Act (California Health and Safety Code Section 11362.5 et seq.), shall pay an annual tax of $10 per square foot for space utilized in connection with the cultivation of r marijuana for medical use. However, for the temporary term ofJanua[y1,2023 to June 30, 2023, the cultivation tax shall be §5.00, plus adjustment per ‘ Consumer Price Index, per sguare foot for space utilized in connection with . the cultivation of marijuana for casual/recreational use. '

Page 24 of 276 ends

Section4. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competentjurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section ‘5. REPEAL OF CONFLICTINGPROVISIONS
That all the provisions of the MunicipalCodeas~heretofo_;eadopted by the City of ’ ordinance are hereby
repealed.

Section 6. AMENDING OF B?
ordinance necessitates amendment of the Cit"””y'7s
necessary amendments to be made and

Page 25 of 276 ends

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springsat a regular meeting held on the __ day of , 2023 by the following vote:

Ayes:

Noes:
_ Abstain:

Absent:

ATTEST:

Page 26 of 276 ends

SR-23-088
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 18, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Lighting and Landscape Maintenance Districts and Drainage Assessment District Initiate Proceedings for the FY 2023-24 Levy and Collection of Assessment
RECOMMENDATION:
1) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B for Fiscal Year 2023-24;
2) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Landscape and Lighting Maintenance District No. 2 for Fiscal Year 2023-24; and 3) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2023-24.

BACKGROUND:

The Landscaping and Lighting Act of 1972 (the "Act"), which is set forth in California Streets and Highways Code sections 22500-22679, provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and servicing costs of all improvements and facilities related thereto, including for the installation, construction, and maintenance of landscaping, lighting, and park and recreational facilities, including graffiti removal. The Citywide Landscape and Lighting Maintenance District No. 1 and Landscape and Lighting Maintenance District No. 2 were established pursuant to the Act.

The Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the California Government Code (commencing with Section 54703) (the “1982 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et. seq.) (the “Implementation Act”) (the 1982 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), provide for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto, including for the operation, maintenance and servicing of landscaping, sidewalks, trees, street lighting, park facilities, parkways, street tree lighting and appurtenant facilities.

DISCUSSION:

In order to continue the annual assessments of all three of these Districts, the Act and the Assessment Law require the City Council conduct certain proceedings each year it intends to extend the life of the

Page 27 of 276 ends

SR-23-088
assessments for each District for an additional year. Such proceedings generally require the adoption of intention resolutions, the preparation of an Engineer's Report, the holding of a noticed public hearing, and the adoption of a resolution levying the assessments. Since there are no proposals to increase the amounts of the subject annual assessments, there is no need for any assessment protest proceedings, like the ones that were conducted when the three Districts were originally established.

Pursuant to the Act, an Engineer's Report was prepared containing the following information:
• A description of the improvements or services to be financed; • An estimate of the cost of the improvements or services (and incidental expenses such as costs for financing, assessment engineering, collection, and notice and protest requirements); • An assessment diagram depicting the boundaries of each of the assessment districts and the parcels contained in each;
• A description of the method of apportioning the assessments against properties in each of the assessment districts; and
• An assessment roll listing the parcels to be assessed and the proposed assessment against each.

The Engineer's Report will be presented to the City Council at the May 16, 2023, meeting.

These resolutions will provide for the collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto and file with the City Clerk the Engineer's Annual Levy Report for the Districts for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024.

The general process of annually funding this District requires the City to prepare an Annual Engineer's Report declaring the cost of improvements related to maintenance in the Districts. After the statutorily required process, an annual levy based upon this Engineer's Report is then placed upon the County of Riverside's Property Tax Roll.

Citywide Landscape and Lighting Maintenance District No. 1 Fiscal Year 2023-24 The City Council has by previous Resolutions formed and levied annual assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B, pursuant to the provisions of the Act, that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto.

The City Council has retained Webb Municipal Finance, LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act, and staff is requesting that it direct Webb Municipal Finance, LLC to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024, in accordance with Chapter 3, Section 22622 of the Act.

Page 28 of 276 ends

SR-23-088
The improvements include the construction, operation, maintenance and servicing of landscaping, sidewalks, trees, street lighting, park facilities, parkways, street tree lighting and appurtenant facilities.

Services and maintenance include, but are not limited to, personnel, electrical energy and lease costs from Edison, utilities such as water and gas, equipment, maintenance vehicles, materials, contracting services, and other items necessary for the satisfactory operation of the facilities.

Landscape and Lighting Maintenance District No. 2 for Fiscal Year 2023-24 The City Council has by previous Resolutions formed and levied annual assessments for the Desert Hot Springs Landscape and Lighting Maintenance District No. 2 pursuant to the provisions of the Act that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto.

Here too, the City Council retained Webb Municipal Finance, LLC for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act. Staff is also requesting that the City Council direct Webb Municipal Finance, LLC to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024, in accordance with Chapter 3, Section 22622 of the Act.

The Improvements provided within Landscape and Lighting Maintenance District No. 2, Zones 1 through 15 and 17 through 19 may include, but are not limited to, ground cover, shrubs, plants and trees, irrigation systems, landscape lighting, street lighting, graffiti removal, sidewalks and masonry walls, entry monuments, tot lot equipment and associated appurtenant facilities. Services provided include all necessary service, operations, administration and maintenance required to keep the abovementioned improvements in a healthy, vigorous and satisfactory working condition.

Drainage Assessment District No. 1 Fiscal Year 2023-24
Additionally, the City Council has by previous Resolutions formed and levied annual assessments for the Drainage Assessment District No. 1, pursuant to the provisions of the Assessment Law, that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto.

The City Council has retained Webb Municipal Finance, LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Assessment Law. Staff requests that the City Council direct Webb Municipal Finance, LLC, to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024, in accordance with the Assessment Law.

The improvements include the construction, operation, maintenance and servicing of landscaping, sidewalks, trees, street lighting, park facilities, parkways, street tree lighting and appurtenant facilities.

FISCAL IMPACT:

Page 29 of 276 ends

SR-23-088
The cost of professional services to initiate proceedings for the levy and collection of assessments for the Fiscal Year 2023-24 Districts’ Annual Levy authorization is included in the Fiscal Year 2023-24 budget for the administration of the Districts.

ATTACHMENTS:

Exhibit 1 - Resolution of Initiation for LMD No. 1
Exhibit 2 - Resolution LMD No. 2 Initiating Proceedings Exhibit 3 - Resolution DAD No. 1 Initiating Proceedings Exhibit 4 - LMD1 Council Properties Map
Exhibit 5 - LLMD2 Council Properties Map
Exhibit 6- - DAD1 Council Properties Map

Page 30 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS FOR

THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1, ZONE A AND ZONE B FOR FISCAL YEAR 2023-24
WHEREAS, the City Council has by previous Resolutions formed and levied annual assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B (hereafter referred to as the “District”), pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the “Act”) that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto; and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act; and

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:

Section 1. Recitals
That the Recitals set forth above are true and correct.

Section 2. Annual Levy Report
That the City Council hereby orders Webb Municipal Finance, LLC to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024, in accordance with Chapter 3, Section 22622 of the Act.

Section 3. District Improvements
That the improvements provided within the District may include, but are not limited to, landscaping, sidewalks, trees, street lighting, park facilities, parkways, street tree lighting and appurtenant facilities. Services and maintenance provided shall include all necessary service, operation, administration, and maintenance required to keep the above-mentioned improvements in a healthy, vigorous, and satisfactory working condition.

Section 4. Severability
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of the Resolution as hereby adopted shall remain in full force and effect.

Section 5. Effective Date
That this Resolution shall take effect upon its adoption.

Page 31 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 2 of 3 ends

Section 6. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the eighteenth day of April 2023 by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney

Page 32 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 3 of 3 ends

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on April 18, 2023, of which all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:

I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 11999 Palm Drive, Desert Hot Springs, CA 92240, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true, and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded, or revoked in any manner since the date of its adoption, and the same is now in full force and effect.

Dated: April 18, 2023
City Clerk of the City of Desert Hot Springs
[SEAL]

Page 33 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS FOR

THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DESERT HOT SPRINGS LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2023-24
WHEREAS, the City Council has by previous resolutions formed and levied annual assessments for the Desert Hot Springs Landscape and Lighting Maintenance District No. 2 (hereafter sometimes referred to as the “District”), pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the “Act”), and Articles XIIIC and XIIID of the Constitution of the State of California (together, the “Constitution”) (the Act and the Constitution are referred to collectively as the “Assessment Law”), that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto; and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Assessment Law.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. Recitals
That the Recitals set forth above are true and correct.

Section 2. Annual Levy Report
That the City Council hereby orders Webb Municipal Finance, LLC, to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024, in accordance with the Assessment Law.

Section 3. District Improvements
That the maintenance of improvements within Landscape and Lighting Maintenance District No. 2, Zones 1 through 19, shall include, but shall not be limited to, trees, sidewalks, parkways, landscaped slopes and park facilities, and the operation and maintenance of the street lighting system within the District and appurtenant facilities. Services provided include all necessary services, operation, administration and maintenance required to keep the improvements and facilities in a healthy, vigorous and satisfactory working condition.

Section 4. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of the Resolution as hereby adopted shall remain in full force and effect.

Section 5. Effective Date
That this Resolution shall take effect upon its adoption.

Page 34 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 2 of 3 ends

Section 6. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

Section 7. Repeal of Conflicting Resolutions
That the City Council hereby repeals any prior resolutions which may conflict with this Resolution.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the eighteenth day of April 2023 by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney

Page 35 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 3 of 3 ends

AYES:

NOES:

ABSENT:

RECUSED:

I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.

Dated: April 18, 2023
City Clerk of the City of Desert Hot Springs
[SEAL]

Page 36 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS FOR

THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DRAINAGE ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2023-24
WHEREAS, the City Council has by previous resolutions formed and levied annual assessments for Drainage Assessment District No. 1 (hereafter sometimes referred to as the “District”), pursuant to the terms and provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the California Government Code (commencing with Section 54703) (the “1982 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1982 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), in what is known and designated as the Drainage Assessment District No. 1 (the “District”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Assessment Law.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. Recitals
That the Recitals set forth above are true and correct.

Section 3. District Improvements
That the improvements provided within Drainage Assessment District No. 1, Zones 1 through 17 may include, but are not limited to: flood control facilities, fences, masonry walls, and associated appurtenant facilities. Services provided include all necessary services, operations, administration and maintenance, including graffiti removal, required to keep the above-mentioned improvements and facilities in a healthy, vigorous and satisfactory working condition.

Section 5. Effective Date
That this Resolution shall take effect upon its adoption.

Page 37 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 2 of 3 ends

Section 6. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

Section 7. Repeal of Conflicting Provisions
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on theeighteenth day of April 2023 by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney

Page 38 of 276 ends

Resolution No. 2023-______
Date Adopted: April 18, 2023

Page 3 of 3 ends

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on April 18, 2023, of which all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NAYES:

ABSENT:

RECUSED:

I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.

Dated: April 18, 2023
City Clerk of the City of Desert Hot Springs
[SEAL]

Page 39 of 276 ends

Source: County of Riverside GIS, 2021.

PALM DR

WEST DR

N INDIAN CANYON DR
8TH ST

HACIENDA DR

L TI TLE MORONGO RD
4TH ST

MISSION LAKES BLVD
5TH ST
3RD ST
1ST ST
12TH ST

MESQUITE AVE

VERBENA DR
7TH ST

DESERT VIEW AVE

CHOLLA DR
15TH AVE
14TH AVE

IRONWOOD DR

ATLANT CI AVE

WESTERN AVE
SANTA

CRUZ RD
8TH AVE

POMELO DR

MIRACLE HILL RD

YUCCA DR

CAMINO CAMPANERO

VALENCIA DR

CALIENTE DR

SKYLINE
DR

CALLE CERRITO

PARK LN

WHITEWATER

VIEW RD
16TH AVE

PIERSON BLVD
GG
RB
RB
RB
RB
RB
SM
SM
JP
RN
M:\GIS-Assessment\DHS\LM
D1_
CouncilProperties.mxd; Map revised March 31, 2020. 0 2,000 4,000 6,000 Feet
LEGEND
LMD 1 Zone A (City Boundary)
LMD 1 Zone B
Council Member's Property
500 Foot Buffer of
Council Member's Property
RB - Russell Betts
GG - Gary Gardner
SM - Scott Matas
JP - Jan Pye
RN - Roger Nunez
City of Desert Hot Springs
LMD 1 with Council Member Properties

Page 40 of 276 ends

City of Desert Hot Springs
LMD No. 2 with Council Member Properties Source: County of Riverside GIS, 2020.

PALM DR

PIERSON BLVD

WEST DR

N INDIAN CANYON DR
8TH ST

HACIENDA DR

L TI TLE M

ORONGO RD
4TH ST

MISSION LAKES BLVD
5TH ST
1ST ST
12TH ST

MESQUITE AVE

VERBENA DR
7TH ST

DESERT VIEW AVE

CHOLLA DR
13TH AVE
15TH AVE
14TH AVE

MISSION CREEK RD

IRONWOOD DR

KAREN AVE

SCENIC DR

ATLANT CI AVE

WESTERN AVE
SANTA
CRUZ
RD
8TH AVE
PO

MELO DR

MIRACLE HILL RD

YUCCA DR

CAMINO CAMPANERO

PROMENADE DR

VALENCIA DR

SKYLINE
DR

CALLE CERRITO

PARK LN

VIEW RD
16TH AVE

PIERSON BLVD
ZONE 13
ZONE 3
ZONE 1
ZONE 12
ZONE 5
ZONE 6
ZONE 4
ZONE 7
ZONE 2
ZONE 14
ZONE 14
ZONE 10
ZONE 17
ZONE 15
ZONE 14
ZONE 18
ZONE 11
ZONE 16
ZONE 8
ZONE 9
ZONE 19
RB
RB
RB
RB
RB
SM
SM
JP
GG
RN
M:\GIS-Assessment\DHS\LM
D2_
CouncilProperties.mxd; Map revised March 30, 2020
0 2,000 4,000 6,000
Feet
LEGEND
City Boundary
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ZONE 6
ZONE 7
ZONE 8
ZONE 9
ZONE 10
ZONE 11
ZONE 12
ZONE 13
ZONE 14
ZONE 15
ZONE 16
ZONE 17
ZONE 18
ZONE 19
Council Member's
Property
500 Foot Buffer
RB - Russell Betts
GG - Gary Gardner
SM - Scott Matas
JP - Jan Pye
RN - Roger Nunez

Page 41 of 276 ends

Source: County of Riverside GIS, 2020

PALM DR

PIERSON BLVD

WEST DR

N INDIAN CANYON DR

HACIENDA DR

L TI TLE M

ORONGO RD
4TH ST

MISSION LAKES BLVD
5TH ST
1ST ST
12TH ST

MESQUITE AVE

VERBENA DR
7TH ST

DESERT VIEW AVE

CHOLLA DR
13TH AVE
15TH AVE
14TH AVE

MISSION CREEK RD

IRONWOOD DR

KAREN AVE

SCENIC DR

ATLANT CI AVE

WESTERN AVE

SANTA CRUZ RD
8TH AVE

MIRACLE HILL RD

YUCCA DR

CAMINO CAMPANERO

PROMENADE DR

VALENCIA DR

CALIENTE DR

SKYLINE
DR

CALLE CERRITO

VIEW RD
16TH AVE

PIERSON BLVD
ZONE 12
ZONE 1
ZONE 11
ZONE 4
ZONE 5
ZONE 2
ZONE 6
ZONE 13
ZONE 13
ZONE 9
ZONE 3
ZONE 16
ZONE 14
ZONE 8
ZONE 13
ZONE 17
ZONE 10
ZONE 15
ZONE 7
GG
RB
RB
RB
RB
RB
SM
SM
JP
RN
M:\GIS-Assessment\DHS\D
A
D
_
CouncilProperties.mxd; Map revised March 31, 2020. 0 2,000 4,000 6,000 Feet
LEGEND
City Boundary
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ZONE 6
ZONE 7
ZONE 8
ZONE 9
ZONE 10
ZONE 11
ZONE 12
ZONE 13
ZONE 14
ZONE 15
ZONE 16
ZONE 17
500 Foot Buffer of
Council Member's Property
RB - Russell Betts
GG - Gary Gardner
SM - Scott Matas
JP - Jan Pye
RN - Robert Nunez
City of Desert Hot Springs
DAD No. 1 with Council Member Properties

Page 42 of 276 ends

SR-23-090
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 18, 2023
Department: Economic Development
Prepared by: Sean Smith, Economic Development Director
Subject: Azure Palm Spa Incentive Update
RECOMMENDATION:

Receive and file.

BACKGROUND:

Upon purchasing the Azure Palm Hot Springs Resort and Day Spa Oasis, owner, Maria Lease, completed an initial phase of renovation before opening the 40-room hotel and spa in March 2021. Ms.

Lease was desirous of completing additional renovations to further enhance the property’s position as a premier spa hotel. Given the significant investment that was already made in preparation for the hotel opening, Ms. Lease approached the city to share her expansion plans and inquire about the potential for assistance.

In July 2021, the City Council approved the terms for a spa incentive agreement between the City and Azure Palm. The incentive was provided in the form of a two-year forgiveness of 100% of transient occupancy tax (TOT) generated.

DISCUSSION:

The assistance provided to Azure Palm was primarily utilized for construction of the Oasis - a beautiful expansion of the outdoor guest space at the southern edge of the resort, including:
• Flow through tubs
• Outdoor sauna
• Reflexology walk
• Cabanas
• Landscaping
• Plumbing
• Irrigation water tank
• Fountains
Locker rooms for spa guests and a modern laundry facility were also constructed as part of the improvements.

Page 43 of 276 ends

SR-23-090
The project required vacation of the underutilized and blighted Ortega Drive, which was then incorporated into the area that is now the Oasis.

Please see Exhibit 1 for before and after images of the improvements.

The Oasis project has been an incredible addition to the resort, offering guests a variety of spa-related amenities. Azure Palm has already established itself as an extremely popular destination for the many visitors seeking an experience focused on relaxation, health, and wellness. The resort is consistently promoted through media and has been featured in publications such as Forbes, The Washington Post, Brides, Variety, Style News, Los Angeles Times, Westways, and more. Furthermore, Azure Palm has significantly bolstered the City’s position as a destination for health and wellness.

FISCAL IMPACT:

The incentive amount was estimated at approximately $512,000 for the two-year period. The amount of new TOT that will be generated is not known. However, based on current room rates and demand, it is anticipated that the amount of revenue forgiveness will be well surpassed in the first two years of collection.

ATTACHMENTS:

Staff Report Exhibit -Azure Spa Incentive

Page 44 of 276 ends

Exhibit 1 – Before & After Photos
Before

Page 45 of 276 ends

Page 46 of 276 ends

After

Page 47 of 276 ends

Page 48 of 276 ends

Coming Soon

Page 49 of 276 ends

Page 50 of 276 ends

SR-23-091
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 18, 2023
Department: Economic Development
Prepared by: Sean Smith, Economic Development Director
Subject: Desert Hot Springs Historical Society Funding Request RECOMMENDATION:

Consider a funding request from the Desert Hot Springs Historical Society in the amount of $25,000.

BACKGROUND:

On March 23, 2023, the City of Desert Hot Springs received a letter from the President of the Desert Hot Springs Historical Society, Robert Griffith, requesting assistance to complete needed improvements to the Rock House located at 66050 3rd Street.

Constructed in 1946, the Rock House was one of the original homes built in Desert Hot Springs. It has gained notoriety based on its unique construction of almost all locally sourced rocks. The home had fallen into disrepair over the years but was purchased by the Historical Society with the goal of restoration and utilization for public use as a museum and/or visitors center and venue for small events.

DISCUSSION:

Based on Mr. Griffith’s letter, over the last several years, the Historical Society utilized over $200,000 in donated funds towards the renovation of the Rock House. The most critical remaining portion of the renovation is the completion of ADA improvements for restroom facilities and parking with appropriate access. The Historical Society has reportedly received a grant from an anonymous donor in the amount of $25,000 with an additional $25,000 needed to complete the improvements.

The Historical Society is requesting $25,000 in assistance from the City of Desert Hot Springs in order to complete the necessary improvements.

FISCAL IMPACT:

If approved, the $25,000 in assistance would be added to the year-end budget adjustments, which would be brought to the City Council in September 2023.

ATTACHMENTS:

Historical Society Funding Request - Exhibit

Page 51 of 276 ends

t Exhibit 1 — Letter of Request

Page 52 of 276 ends

DoriaWilms
Interim‘City Manager
CityofDésert‘HotSp‘rings v. '
, . .

I . .
r March 23, 2023
Dear Ms Wilms
I am writing on behalf of the Desert Hot Springs HistoricalSociety to ask for your assistance in obtaining funding to complete the ?nal projects on the HistoricPil-O-RoxRockHouse. Over the past several years, the Historical Society has spent over $200,000 in donated funds to bring the houses to where it istoday ~ on the threshold of completion. We have spent $23,000 to ?x code violations, $11,000 for removal of trash and thousands more on repairs to make the house usable to the public.

We have received a matching grant of $25,000 from an anonymous donor. WE need an additional $25,000 so that we can complete the construction of and ADA bathroom and ADAparking and grading to accommodate those with mobility issues and to become compliant with current ADAstandards. Despite attempts to receivemajor donor funding, we have had dif?culty ever since COVID.This has been exasperated by the current economy, where donors are not giving as freely due to rising costs of everydayliving.

Afew years back the CCAChad promised us a bit of funding for plant labels for landscaping. With that committee defunct, we are not expecting those funds.
lam, however, asking for your assistance in obtaining $25,000 from the city to help us complete the ADA improvements and allow us to open the RockHouse to the public. We expect to use it as a museum, visitors center with information and for small events. Our current funds are dwindling and we are afraid that without the city's assistance, we will not be able to make the improvements and will not be able to afford to maintain the house. The worst case scenario isthat we will have to sell this historic property.

Thiswould be a great lossto the city since it isthe last remaining building of its kind;the 8”‘street property was recently razed.

Please let me know if you think this is a feasible request and what more I can do to help the city make the right decision to provide funding for thisvaluable piece of our city's history.

Regards
L
Robert Grif?th
President, Desert Hot Springs HistoricalSociety.

Page 53 of 276 ends

Page 54 of 276 ends

SR-23-086
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 18, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Award Professional Services Agreement for the Design of the Hacienda Avenue Spa Zone Street Improvements
RECOMMENDATION:

BACKGROUND:

On June 15, 2022, the City applied for grant funding from the State’s Active Transportation Program (ATP) Cycle 6, for the construction of Hacienda Avenue Spa Zone Improvement Project, which is located along Hacienda Avenue between Tamar Drive and Long Canyon Road. The project improvements include bicycle lanes, new sidewalks, street lights, and safety medians within this portion of roadway. The proposed improvements will allow for safer access to bus stops, schools, hotels, and shopping centers.

The City was notified that the project was selected to be awarded $8,455,000 for construction from the ATP Cycle 6 Grant Program. The grant funding is being recommended for final approval at the next public hearing from the Southern California Association of Governments.

DISCUSSION:

On January 9, 2023, the City of Desert Hot Springs released a Request for Proposal for the completion of the Engineering Design for the Hacienda Spa Zone Improvement Project. The Request for Proposal (RFP) was posted on the City’s website. The RFP closed on February 6, 2023, 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.

Page 55 of 276 ends

SR-23-086
3) Staff and sub-consultant staff qualifications.
4) Proven ability to provide responsive project management staff and a superior level of client service.
5) Project schedule.

The result of the rankings was as follows:

Consultant Evaluator 1 Evaluator 2 Evaluator 3 Average Rank MBI 98 89 99 95.33 1st
NV5 98 92 87 92.33 2nd
ERSC 98 80 94 90.67 3rd
HR Green 98 80 94 90.67 4th
Advantec 98 82 89 89.67 5th
Kimley-Horn 95 85 85 88.33 6th
The Altum
Group
95 74 90 86.33 7th
After staff completed the qualification evaluations, staff set up interviews with the two top qualified firms.

Due to the size of the project and the importance of the project to the City, staff wanted to insure that the most qualified firm for the project was selected. After the interviews, the results from the interview and the bid proposal for each consultant were reviewed and the results were as follows:

Consultant Total Cost Overall Bid Rank
NV5 $378,800.00 1st
MBI $618,589.00 2nd
ERSC $375,977.40 3rd
HR Green $445,666.29 4th
Advantec $813,623.00 5th
Kimley-Horn $674,098.00 6th
The Altum Group $175,900.00 7th
Based on the qualification evaluations and the bid proposals, as well as the results from the interviews of the two top ranking firms, staff found NV5, Incorporated to be the most qualified consultant.

FISCAL IMPACT:

Funding in the amount of $416,680 will be provided by the Streets/Traffic Signals/Bridges Development Impact Fee Fund (Fund 103).

ATTACHMENTS:

Exhibit 1 - Request for Proposal
Exhibit 2 - NV5, Inc. Proposal
Exhibit 3 - Professional Services Agreement

Page 56 of 276 ends

SR-23-086

Page 57 of 276 ends

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 Hacienda Avenue Spa Zone Street Improvements.

Project Limits:

The improvement project extends from Tamar Drive to the City of Desert Hot Springs City limits along Hacienda Avenue, as shown on the attached Location Map.

Purpose:

The purpose of the project is to provide pedestrian and bicycle safety infrastructure improvement project along Hacienda Avenue which will increase the alternate modes of transportation of walking and biking along the project segment. There are currently no bike lanes and only half of the sidewalks are safe and accessible along this 1.9 mile segment of Hacienda Avenue. The project proposes to construct 10,341 feet of sidewalks, 9,450 sq. ft of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 street lights, 17 crosswalks, and one intersection safety improvement (see attached for preliminary layout).

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 any required utility coordination and obtain any necessary clearances and permits.

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

C. Prepare street improvement plans for the improvements along Hacienda Avenue.

D. Prepare CEQA and NEPA documents, as required.

E. Prepare necessary exhibits for all proposed right-of-way acquisition.

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

G. 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

Page 58 of 276 ends

Page 2 of 2 ends

Please submit your proposal via email with subject Hacienda Avenue Spa Zone Improvement Project to Jilleen Ferris, City Engineer, at [email protected] by 2:00 PM, February 6, 2023.

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

Attachment:

1. Project Location Map

2. Preliminary Project Layout

Page 59 of 276 ends

Page 60 of 276 ends

Page 61 of 276 ends

Page 62 of 276 ends

Page 63 of 276 ends

Page 64 of 276 ends

Page 65 of 276 ends

PROPOSAL
Submitted by NV5, Inc.
42-829 Cook Street, Suite 104, Palm Desert, CA 92211
City of Desert Hot Springs
Professional Engineering Services for the Hacienda Avenue Spa Zone Street Improvements project
February 6, 2023 (Revised April 10, 2023)

DESERT HOT SPRINGS

CITY OF

Page 66 of 276 ends

TABLE OF CONTENTS
Cover Letter 01
Company Portfolio 02
Similar Project History 04
Scope of Work 09
ORGANIZATION CHART 09
PROJECT UNDERSTANDING/APPROACH/SCOPE OF WORK 10
Work Schedule 14
Fee Proposal 15
Schedule of Fees 16

APPENDIX
Resumes B1
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 Page 67 of 276 Jeffrey M. Cooper, PE
Senior Vice President
(Authorized Signer)
PN: P27023-0001267.00

COMPANY INFORMATION/CONTACT
Name: NV5, Inc.

Address: 163 Technology Drive, Suite 100,
Irvine, CA 92618
Telephone Number: (949) 585-0477
Email of Contact: [email protected]
42-829 Cook Street, Suite 104 | Palm Desert, CA 92211 | www.nv5.com | Office: 760.341.3101 | Fax: 760.469.4086 February 6, 2023 (Revised April 10, 2023)
City of Desert Hot Springs
Attn: Jilleen Ferris, City Engineer
11999 Palm Drive
Desert Hot Springs, CA 92240
SUBJECT: Professional Engineering Services for the Hacienda Avenue Spa Zone Street Improvements project Dear Ms. Ferris,
NV5, Inc. is excited to have the opportunity to provide Professional Engineering Services to the City of Desert Hot Springs (City) for its Hacienda Avenue Spa Zone Street Improvements project. Our team has the technical knowledge and experience to deliver your projects in the most cost-efficient and cost-effective manner. NV5’s strengths include the following:

Current Partnership: Our extensive experience and strong existing relationship with the City give us the ability to continue providing professional engineering services for your capital improvement projects. We operate with a sound understanding of your organizational structure, administrative processes and the community you serve. This, in turn, allows us to provide the required engineering services in the most efficient manner. Specifically, NV5 is providing On-Call Plan Check Services for the City.

Relevant Experience: We have a proven track record of successfully providing professional engineering services to municipalities throughout Southern California, most of which have been repeat clients. A sampling of our relevant experience starts on page 4.

Proposed Team: NV5 offers the City a team of dedicated professionals with proven capability and expertise. We are proposing Mr. David Niknafs, PE, as Project Manager. Mr. Niknafs has managed numerous public works and development projects, with a focus on transportation projects.

Subconsultants: NV5 has strong and successful working relationships with our subconsultants Terra Nova Planning & Research and Ray Lopez Associates Landscape Architecture & Planning, who we have worked with on numerous projects for various agencies throughout Southern California and Coachella Valley.

In-House Services: In addition to providing Professional Engineering Services, NV5 offers in-house construction management and inspection services, materials testing and special inspection, and many other professional services the City may need at a moment’s notice. NV5 has a deep bench of more than 4,000 professionals who can be made available to the City.

Proposal Authorization: This proposal has been signed by Jeffrey M. Cooper, PE, a company officer authorized to bind the firm.

NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.

Sincerely,
NV5
David Niknafs, PE
Director of Transportation/
Project Manager

Page 68 of 276 ends

STAFF

AUGMENTATION

PROJECT

MANAGEMENT

BUILDING

AND SAFETY

SERVICES

SURVEYING

SERVICES

CONSTRUCTABILITY
REVIEW

ASSESSMENT

ENGINEERING

PLAN CHECK

AND REVIEW

CONSTRUCTION

MANAGEMENT

AND INSPECTION
CIVIL

ENGINEERING
DESIGN
We maintain an extensive history of working with various local agencies. Throughout the course of completing myriad public works capital improvement projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers and contractors. We have successfully delivered projects in a timely and cost-effective manner, and we have acquired a keen understanding of local agency requirements, a critical element in the facilitation and resolution of project issues. We are excited about the opportunity to continue to serve the City and are committed to maintaining effective working relationships with your staff, relevant government agencies and project stakeholders.

GEOTECHNICAL

ENGINEERING

FIRM PROFILE
NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 70 years, delivering solutions through six business verticals: Testing, Inspection and Consulting; Infrastructure; Utility Services; Environmental Health Sciences; Buildings and Program Management; and Geospatial Technology. With more than 100 offices nationwide and abroad, NV5 has access to over 4,000 employees in a variety of fields who help clients plan, design, build, test, certify and operate projects that improve the communities where we live and work.

Our firm specializes in the engineering design, construction management and inspection of capital improvement projects, including streets, traffic systems, water and wastewater systems, drainage and flood control, parks and recreational facilities, vertical construction, and landscaping and grading. Our team includes licensed civil engineers, licensed surveyors, contractors, construction managers, certified inspectors and experienced public works professionals. All team members have extensive experience working within the structure of municipal government and public construction policy and will seamlessly integrate with the City’s team.

KEY SERVICES
The successful delivery of our products and services has resulted in repeat clients for a broad range of municipal projects.

Our key services include:

COMPANY PORTFOLIO
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 2 Page 69 of 276 COMPANY PORTFOLIO — SUBCONSULTANTS

SUBCONSULTANTS
NV5 will enlist the subconsultants shown below to assure all requirements of the project are completed by an expert in the field and finished in a timely and cost-effective manner.

Terra Nova Planning & Research:

Terra Nova is a full-service land use
and environmental planning firm with a
highly professional team of experienced
urban and environmental planners
and technical staff. Founded in Palm
Springs in 1984, Terra Nova enjoys a
strong reputation for providing clients
with professional services of high quality, creativity and innovation, and scientific objectivity.

Terra Nova has provided public sector planning, environmental and other analytical services to a wide range of public agencies, including all cities of the Coachella Valley, the City of Twentynine Palms, the Towns of Yucca Valley and Apple Valley, the County of Riverside, the City of San Bernardino, the City of Riverside and others.

Ray Lopez Associates Landscape Architecture & Planning
(RLA): Ray Lopez of RLA is a Licensed Landscape Architect with 20+ years experience in the field of Landscape
Architecture. He has experience as a Native Plant Survey Expert for the County of San Bernardino and the Town of Yucca Valley, and has provided golf course landscape/
irrigation design (Tom Weiskopf Golf Course; PGA West, Greg Norman Golf Clubhouse, PGA West); landscape architecture services for Gated Communities (Oasis C.C., Palm Desert; Palm Valley C.C., Palm Desert; PGA West, La Quinta; Burnt Mountain, Yucca Valley, CA; etc.); parkway landscape design; and park design for various clients. RLA’s specialties include drought tolerant landscape/irrigation design in the low and high deserts of Southern California, LEED landscape lighting design, and project observation and documentation. 42635 Melanie Place, Suite
101, Palm Desert, CA 92211
760.341.4800

RAY LOPEZ ASSOCIATES

LANDSCAPE ARCHITECTURE & PLANNING
736 Grove Street
Bishop, CA 93514-2516
760.206.9696
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 3 Page 70 of 276

SIMILAR PROJECT HISTORY
DATES: 2019-2021

GRAPEFRUIT BOULEVARD URBAN

GREENING AND CONNECTIVITY
CITY OF COACHELLA | COACHELLA, CA
NV5 provided civil engineering, survey, utility relocation coordination and landscape architecture for the Grapefruit Boulevard Urban Greening and Connectivity project from Leoco Lane to 9th Street in the downtown area of Coachella. The project included street improvements, widening and rehabilitation of a portion of the street, tying into existing improvements and adding a median, bioswale system, bicycle trail and pedestrian paths and walkways, as well as landscaping improvements.

DATES: 2016-2019
AVENUE 48 WIDENING
CITY OF COACHELLA | COACHELLA, CA
NV5 provided civil design and survey for the partial widening and striping of Avenue 48 between Jackson and Van Buren streets in the cities of Coachella and Indio. Our designs included a new traffic signal designed for the intersection of Avenue 48 and Van Buren, which is under the jurisdiction of both cities and the County of Riverside. The street widening occurred in multiple areas and included curb and gutter, sidewalks and street lighting. NV5 coordinated with the Imperial Irrigation District for electric pole relocations and street lighting design, and with the Coachella Valley Water District. NV5 also performed a topographic design survey and prepared right-of-way legal documents and a Phase-1 environmental assessment as part of this project.

DATES: 2017-2018

CALHOUN STREET IMPROVEMENT PROJECT
CITY OF COACHELLA | COACHELLA, CA
NV5 provided engineering and surveying services for the Calhoun Street Improvements. Design survey services included a topographic survey showing existing features, including aboveground visible utilities and existing improvements along Van Buren Street from the existing Pardee Tract to Avenue 49. NV5 prepared a base map showing existing conditions along with the existing right-of-way.

Additionally, NV5 prepared and processed street improvement plans and profiles replacing the existing pavement and widening the roadway to include a bike path and walking path on both sides of Calhoun Street.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 4 Page 71 of 276

SIMILAR PROJECT HISTORY
DATES: 2013-2015
AVENUE 54/VAN BUREN STREET WIDENING
CITY OF COACHELLA | COACHELLA, CA
NV5 provided survey and civil engineering services for the City of Coachella for the street widening of 6,300 linear feet of Avenue 54 and 400 linear feet of Van Buren Street. NV5 performed a topographic and design survey prior to design. Our civil design included street widening, the addition of median curbs, storm drain, and irrigation relocation. The design was processed through the County of Riverside and Coachella Water District as well as the City of Coachella. NV5 also provided staking and construction support for the City during construction.

DATES: 2018

VAN BUREN STREET IMPROVEMENTS
CITY OF COACHELLA | COACHELLA, CA
NV5 provided engineering and surveying services for the Van Buren improvements. Design services included providing topographic surveys of existing features, including aboveground utilities, existing improvements, and preparing a base map of existing conditions.

NV5 prepared and processed street improvement plans and profiles replacing the existing pavement and widening the roadway to include a bike path and walking path for Van Buren Street.

DATES: 2016-2017

TYLER STREET IMPROVEMENTS
CITY OF COACHELLA | COACHELLA, CA
NV5 provided surveying and consulting services for the Tyler Street Improvements project that included pulverizing and repaving the existing street, constructing a redwood header and widening the pavement to the full width of the street. Services included topographic surveys and base map and preparing and processing street improvement plans and profiles.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 5 Page 72 of 276 DATES: AUGUST 2015-JUNE 2016

WILMINGTON AVENUE PEDESTRIAN AND

BICYCLE IMPROVEMENTS
CITY OF COMPTON | COMPTON, CA
Our team provided professional design engineering services, including plans, specifications, cost estimates and related bid documents, for this Safe Routes to School project. The project included pavement rehabilitation, pedestrian and bicycle improvements, installation of wider and high-visibilty crosswalks, countdown pedestrian signals, enhanced pedestrian lighting, installation of Class II bike lanes with wayfinding signage and Class I bike paths, and installation of four solar-powered speed feedback signs for speed control and attainment.

BERYL STREET DRAINAGE AND STREET

IMPROVEMENTS
CITY OF REDONDO BEACH| REDONDO BEACH, CA
Our team provided engineering design services for the project, including PS&E. The project included roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements; and signing and striping. The project provided the opportunity to enhance walkability, install curb bulb-outs to reduce pedestrian crossing distances and calm traffic, and install Class II bicycle lanes. The work included field investigation, topographical survey, utility coordination, providing pavement rehabilitation and site improvement alternatives, CEQA documentation and bid and construction support.

DATES: JULY 2020-DECEMBER 2022
DATES: JANUARY 2021-NOVEMBER 2021

EL MONTE AVENUE AND BALDWIN AVENUE

STREET IMPROVEMENTS
CITY OF EL MONTE | EL MONTE, CA
Our team provided professional civil engineering design services for the street improvement project at El Monte Avenue (from Rio Hondo Channel to Lower Azusa Road) and Baldwin Avenue (from Lower Azusa Road to the I-10 Freeway). Services included topographical survey; reviewing existing pavement conditions and treatment recommendations; evaluation of existing improvements for ADA compliance; potholing existing pavement sections and subgrade to determine recommended pavement section and repair methodologies; preparing plans, specifications, and estimates; implementing the City’s Bike Master Plan recommended bike route; and preparing final bid documents.

SIMILAR PROJECT HISTORY
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 6 Page 73 of 276

RECHE CANYON ROAD AND OTHER ROADS,

COLTON AREA
COUNTY OF SAN BERNARDINO | SAN BERNARDINO COUNTY, CA
Our team is providing engineering design services, including the preparation of preliminary and final plans, specifications and cost estimates for the project, which involves pavement rehabilitation to Reche Canyon Road and other roads (approximately 7.13 miles) and for the design of new or replacement of existing ADA ramps at 10 locations in the Colton area. NV5’s services also include preparation of legal descriptions and plats; utility coordination; preparation of traffic signing and striping plans and a pedestrian traffic plan; and environmental services support.

DATES: MARCH 2022-CURRENT
DATES: AUGUST 2022-CURRENT

CHERRY AVENUE AND OTHER ROADS,

FONTANA AREA
COUNTY OF SAN BERNARDINO | SAN BERNARDINO COUNTY, CA
Our team is providing engineering design and surveying services, including preparation of final plans, specifications and cost estimates for the project, which involves pavement rehabilitation to Cherry Avenue and other roads (approximately 14.72 miles) and for the replacement of existing ADA ramps at 42 locations in the Fontana area. NV5 will review the existing topographic to ensure new ramps drain properly and identify and address localized drainage issues within the project footprint. NV5’s services also include preparation of legal descriptions and plats; utility coordination; preparation of traffic signing and striping plans and a pedestrian traffic plan; and environmental services support.

MAJOR STREETS REHABILITATION
CITY OF POMONA | POMONA, CA
The project involved pavement rehabilitation, street improvements, bikeway improvements, pedestrian/ADA improvements, and
landscape/green-street and irrigation improvements on several City-owned streets identified in the Pomona Active Transportation Plan (ATP) to increase pedestrian safety and mobility. Bikeway infrastructure improvements included the associated bike facility striping, signing, crossing improvements and signal modifications for bike detection. In addition, the project involved the landscaping and irrigation improvements associated with the City Corridor Specific Plan (CSP).

DATES: NOVEMBER 2015-AUGUST 2016

SIMILAR PROJECT HISTORY
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 7 Page 74 of 276 DATES: JULY 2017-MARCH 2018

KNIGHT WAY WIDENING AND GOULD AVENUE

IMPROVEMENTS
CITY OF LA CAÑADA FLINTRIDGE |LA CAÑADA FLINTRIDGE, CA
Our team provided plans, specifications and cost estimates for the infrastructure improvements including street widening, median design, utility coordination and relocations, street lighting, traffic signing and striping. The main objectives of the project were to improve school drop-off and pick-up traffic; provide parking and pedestrian access on the south side of the street; and improve pedestrian access with a mid-block crossing and speed-calming measures. The project also included improvements to sidewalks, curb ramps, curb and gutter, driveway reconstruction, replacement and/or restoration of existing landscaping and irrigation within the parkway, street resurfacing with ARHM, and raised median improvements.

DATES: FEBRUARY 2017-JUNE 2019

HARBOR BOULEVARD MEDIAN AND

LANDSCAPE IMPROVEMENTS
CITY OF COSTA MESA | COSTA MESA, CA
Our team provided professional engineering and environmental services for the design of improvements on Harbor Boulevard. The City was awarded Federal Highway Safety Improvement Program funds to install medians, landscaping, and associated improvements to improve pedestrian and traffic safety. The project tasks included obtaining documents and field review, surveying and preliminary design; environmental analysis and approval; final civil engineering design; federal approval for construction and construction support. “H” STREET WIDENING
CITY OF SAN BERNARDINO | SAN BERNARDINO, CA
Our team provided environmental and civil engineering design services for the widening of “H” Street from Kendall Drive to 40th Street from two lanes to four lanes and upgrading the existing traffic signals at 40th Street and Kendall Drive. We prepared plans, specifications and cost estimates for roadway, drainage, sewer, signing and striping, street lighting, modification to traffic signals, and demolition plans. NV5 coordinated with the utility companies, identified existing right-of-way, conducted pavement investigation and prepared a report, and prepared all required environmental studies and documents for clearance under CEQA. The street improvements included ADA-compliant curb ramps.

DATES: JANUARY 2018-JULY 2019

SIMILAR PROJECT HISTORY
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 8 Page 75 of 276

SCOPE OF WORK

ORGANIZATION CHART
Our team of experts brings direct, relevant, successful and current experience working on projects of similar scope and complexity. We are equipped with the resources to provide the City with the requested professional engineering services.

Shown below are team roles and responsibilities. Resumes are included in the Appendix.

PROJECT ENGINEERS/

DESIGNERS
Art Biscocho
Stephen Novak
Gerald Tom, PE, TE

GEOTECHNICAL

ENGINEERING
Carl Henderson, PE, GE
Paul Cunningham, PE, GE
Sean Roy, CEG, PG,
QSD/P

SURVEY/ROW
Jay Fahrion, PLS
Doug Boyle, PLS

QA/QC MANAGER
Peter Salgado, PE

PROJECT MANAGER
David Niknafs, PE

SENIOR VICE

PRESIDENT
Jeffrey M. Cooper, PE

ENVIRONMENTAL

DOCUMENTATION

TERRA NOVA PLANNING
& RESEARCH
Nicole Sauviat Criste
Kelly Clark
Dominique Camps

TRAFFIC/STREET

LIGHTING
James Miller, PE

LANDSCAPE

ARCHITECTURE

RAY LOPEZ ASSOCIATES
Ray Lopez, RLA
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 9 Page 76 of 276

SCOPE OF WORK

PROJECT UNDERSTANDING
We have reviewed the RFP issued by the City of Desert
Hot Springs for Hacienda Avenue Spa Zone Street
Improvements (from Tamar Drive to City Limits/Long
Canyon Road). In addition, we have performed a review
of the project area to completely familiarize ourselves with the project goals and requirements. This groundwork provides a comprehensive understanding of key issues
anticipated for the requested professional services and will enable our team to execute the design services promptly and efficiently for the proposed project.

We have a thorough understanding of the requested
professional services, project requirements and demands.

The work includes the preparation of design plans,
specifications, and cost estimates for the project. The purpose of the project is to provide pedestrian and bicycle safety infrastructure improvements along Hacienda
Avenue, which will increase the alternate modes of
transportation of walking and biking along the project
segment. The proposed improvements along the 1.9-
mile segment of Hacienda Avenue will include roadway
pavement, sidewalks, medians, ADA ramps, Class II bike
lanes, streetlights and crosswalks.

PROJECT APPROACH
NV5’s approach to each project is specifically tailored to the established goals, objectives and schedules identified by our clients. Our work plans are detailed and specific to each project’s unique requirements. However, fundamental core values and principles are integrated and employed on each project undertaken. Project development begins at
the Request for Proposal (RFP) stage and culminates in the creation of final design documents.

We have thoroughly reviewed the RFP to assess the
technical requirements of the work and the project
delivery schedule. We will deliver the work within the
time constraints established by the City. We can make
these commitments and assurances because of our
highly experienced and diverse staff and our corporate
organization that allows us to quickly respond to requests and organize resources when needed. Each phase is
important and essential to overall project success. NV5 has extensive local experience in all aspects of street improvements projects. We can provide the professional
design services required for the Hacienda Avenue Spa
Zone Street Improvements project.

SCOPE OF WORK
We have a thorough understanding of the requested
professional services and project requirements. The
anticipated scope of work, in general, includes the
following design services for the proposed street
improvement project:

MEETINGS & COORDINATION
NV5 will perform the following tasks:
• Attend a virtual kickoff meeting/conference call with the City staff and coordinate all design activities.
• Attend three (3) virtual meetings with City staff
and/or project stakeholders to define the roles and
responsibilities and to determine which deliverables
are necessary to meet project approval requirements.
• Perform planning, execution, control and closeout of
the design phase of the project.
• Overall project management and supervision of
project staff to facilitate the performance of the work. • Coordination with stakeholders, including City staff. • Tracking progress of the work.

OBTAIN & REVIEW DOCUMENTS/AS-BUILT PLANS
We will obtain and review available information pertinent to the project, such as the existing as-built plans, the City’s Pavement Management System, and utility plans.

UTILITY NOTIFICATION & COORDINATION
We will research and obtain record maps for the existing utilities within the project limits. Utility coordination for the project will include the following tasks:
• Access the Underground Service Alert’s website and
compile a list of member agencies that own facilities
within the project limits.
• Notify each utility purveyor, in writing, of the City’s proposed project and request copies of record
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 10 Page 77 of 276

SCOPE OF WORK
drawings or atlas maps of existing and proposed
facilities within the project boundary.
• Prepare a Utility Notification Log to track utility
company contacts and responses, including contact
information and dates of all outgoing and incoming
correspondence.

SURVEY
Topographic Survey: We will conduct a photogrammetric
topographic survey. The basis of control will be the
California State Plane Coordinate system of NAD’83,
observed at 2010.00. Elevations will be based on
NAVAD88 vertical datum. The survey will be delivered
at 40 scale showing 1-foot contours and prominent
surface features over the proposed area to U.S. mapping standards. A color Ortho Photo will be provided. The limits of the survey will be from Tamar Drive to Long Canyon
Road, a strip being 300 feet in width along Hacienda
Avenue.

Supplemental Topography: We will conduct survey cross
sections at 50-foot intervals along Hacienda Avenue
from Tamar Drive to Long Canyon Road, locating existing improvements, including all visible utilities, existing handicap ramps, curb and gutter and existing driveways.

Right-of-Way Survey: We will conduct a right-of-way survey along Hacienda Avenue from Tamar Drive to Long Canyon
Road, locating existing survey monuments to determine
the existing right-of-way with the assistance of recorded documents from the City, County of Riverside and title
reports to be provided by the City.

EXMA Base Map and Survey: We will prepare EXMA base
map, showing the topographic survey along with right-ofway information and existing surface utilities as provided by record information (from others) and field survey
location. NV5 will show existing property lines from existing GIS information from others. The base mapping will be
done at 40 scale.

Right-of-Way Legal Description and Plat: We will provide Legal Description and Plat for acquisition of needed rightof-way along Hacienda Avenue. It will be the responsibility of the City to provide title reports if necessary. It is estimated that there will be approximately 40 legal
descriptions and plats.

PAVEMENT INVESTIGATION
The purpose of NV5’s geotechnical investigation will be to evaluate the geotechnical conditions affecting the
existing pavement and subgrade soils and to provide
recommendations, from a geotechnical standpoint,
regarding the proposed street improvements along
Hacienda Avenue within the limits of the project. The
primary focus of the field investigation will be the areas consisting of asphalt concrete pavement that need repair.

NV5’s proposed scope of services will include the
following:
• Review of existing as-built plans, if available.
• Review of geotechnical maps and documents
pertaining to the existing roadway and vicinity.
• Obtaining encroachment and traffic control permits
from the City. We assume that the permit fee will be
waived by the City.
• Field reconnaissance of the site to mark out core/
boring locations and coordination with Underground
Service Alert (USA).
• Field investigation of the existing pavement section
and subgrade material utilizing coring equipment and
hand augers with appropriate traffic control during
field operations. The investigation will consist of
excavating a total of approximately fifteen (15) cores/ borings up to a depth of approximately 3 feet below
ground surface (bgs) or practical refusal within the
street sections.
• It is our understanding that the exact locations for
the coring will be discussed during the first kickoff
meeting. The purpose of the investigation is to
measure the existing pavement section thicknesses
(asphalt concrete and aggregate base) and to collect
representative samples of aggregate base and
subgrade soils for laboratory testing. The samples
will be transported to NV5’s geotechnical laboratory
for testing. Subsequent to logging and sampling, the
cored locations will be rapid-set concrete or asphalt
cold patch.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 11 Page 78 of 276

SCOPE OF WORK
• Appropriate laboratory testing of representative
samples of the soils encountered to evaluate their
geotechnical engineering characteristics. Laboratory
tests will likely include in-situ moisture content, soil classification (sieve gradation analysis), maximum
dry density testing, expansion index, R-value testing,
soil pH and minimum resistivity, and sulfate/chloride
content.
• Compilation and geotechnical analysis of the data
obtained.
• Develop conclusions and recommendations
addressing the geotechnical aspects of the project.
• Preparation of a final report for the project
summarizing the results of our geotechnical
investigation and presenting recommendations, from
a geotechnical standpoint for the project. The report
will include a discussion of the general subsurface
soil conditions and existing pavement sections. The
report will also provide overall pavement rehabilitation strategy (i.e., overlay thickness and extent of removals and reconstruction, etc.) and recommendations for
pavement reconstruction.

ENVIRONMENTAL DOCUMENTATION
Our Subconsultant, Terra Nova, will provide the following tasks:

A. Project Description: Based upon planning and design
documents prepared by the City and design team, Terra
Nova will develop a comprehensive project description in consultation and coordination with City.

B. Cultural Resources Analysis: Terra Nova will contract for and manage a cultural resources analysis within the project area. The cultural/historic resources analysis
report will include the following tasks:
• Conduct an Eastern Information Center records
search for prior sites and studies in the project
vicinity.
• Conduct on-site investigation of potential cultural
resources.
• The California Native American Heritage Commission
(NAHC) and local tribes will be contacted for a Sacred
Lands File search and consultation with Native
American tribes.
• Recommendations for any further cultural study,
planning, or environmental effort will be made. It is
not anticipated at this time that an additional (Phase
II) study will be required.

C. Biological Resources Analysis: Terra Nova will contract for and manage a general biological resources analysis
within the project area. The general biological resources analysis report will include the following tasks:
• On-site investigation of current conditions on the
project site and inventory of species identified.
• Review of State databases for species likely to inhabit the project site.
• Preparation of maps and exhibits supporting the
findings.
• Recommendations for any further species-specific
study, planning, or environmental effort will be made.

D. Air Quality & GHG Analysis: Terra Nova will prepare
a comprehensive air quality analysis for moving and
stationary emissions, as well as fugitive dust (PM10)
emissions associated with grubbing and site grading, truck and other construction vehicle trips. Emissions associated with post-construction operations and long-term energy
consumption will also be analyzed in conformance with the SCAQMD Environmental Handbook and local Air Quality
Guidelines. Project potential for greenhouse gas (GHG)
emissions will also be analyzed and mitigation measures developed, as appropriate.

E. Initial Study: Complete the CEQA Initial Study (IS) and associated discussions in a format acceptable to the City, analyzing all components of the project. Submit screen
check copy to the City for review and comment. The IS will include all required sections of the checklist. City staff will review the screen check copy of IS, and Terra Nova will amend the draft accordingly.

F. Initial Study Distribution: Terra Nova will prepare a final electronic (Word and PDF) document for submittal
to the City and will transmit the Initial Study to the City’s responsible agencies for public comment.

G. Categorical Exclusion with Studies: If required, Terra Nova will prepare a Categorical Exclusion for NEPA and
incorporate technical studies above. Terra Nova will
coordinate with the federal agency and complete forms
and narrative as needed to complete the NEPA process.

H. Notices: Terra Nova will prepare the Notice of Intent and Notice of Determination. The City will post and publish the NOI. The City will be responsible for the payment of CDFW and County filing fees.

I. Hearings: Terra Nova staff will prepare for, attend and present the CEQA review at 1 public hearing and will
provide City staff support.

LANDSCAPE & IRRIGATION DESIGN SERVICES
NV5’s subconsultant, Ray Lopez Associates (RLA), will
provide Landscape and Irrigation Plans for the parkway
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 12 Page 79 of 276

SCOPE OF WORK
landscaping along the proposed sidewalk on Hacienda
Avenue within the limits of the project. The Scope of
Professional Landscaping Design Services will include the following tasks:

A. Project Coordination: RLA will perform general project coordination (e.g. phone calls, e-mails, zoom meetings, site visit inventory).

B. Color Rendering: If required, RLA will provide a Color Rendering Plan for City presentation.

C. Base Plan: RLA will take NV5’s Civil Engineering Plans and create the Landscape “Base Plan” required for the
Preliminary Landscape & Final Landscape and Irrigation
Plans.

D. Preliminary Landscape Plan: RLA will provide a
Preliminary Landscape Plan for review and comments
from the City. The Preliminary Landscape Plan will show all trees, shrubs, edging and ground covers to be planted in the parkway adjacent to the proposed sidewalk.

E. Irrigation Plan: This plan will call-out and locate all proposed piping, emitters, valves, and irrigation controller needed to irrigate planted material. The plan will follow Water District & City guidelines.

F. In-Office Meetings: If required, RLA will provide an inoffice meeting with the City to review design.

G. Final Landscape & Irrigation Plan: RLA will revise
the Preliminary Landscape and Irrigation Plan per the
comments received from City and/or the Water District.

RLA will provide Landscape & Irrigation Details and
Specifications.

PRELIMINARY PLANS
NV5 will prepare Street Improvement Plans, including
Signing and Striping Plans, and Street Lighting Plans. We will review the available as-built plans, conduct field review, and prepare plans for the proposed improvements.
• Street Improvement Plans: We will prepare plans
for the proposed pavement improvements along
Hacienda Avenue from Tamar Drive to Long Canyon
Road. The Street Improvement Plans will exhibit street
right-of-way and proposed pavement improvements,
including sidewalks, medians, and curb ramps. The
plans will be prepared at 40 scale (1”=40’).
• Signing & Striping Plans: We will prepare signing and striping plans for the project area. The striping plans will show all existing striping to be replaced in addition to any proposed changes and updates to signing and
striping. Signing and striping plans will be prepared at 40 scale (1”=40’).
• Street Lighting Plans: We will prepare street lighting plans for approximately 99 streetlights. NV5 will
optimize the illuminance using AGi32 Lighting Analysis
software to confirm adequate lighting throughout
the corridor. The plans will be prepared at 40 scale
(1”=40’).
• Landscape & Irrigation Plans: RLA will prepare
Landscape & Irrigation Plans for the parkway
landscaping along the proposed sidewalk on
Hacienda Avenue within the limits of the project. The
Landscape Plan will show all trees, shrubs, edging
and ground covers to be planted in the parkway
adjacent to the proposed sidewalk. The Landscape &
Irrigation Plan will be prepared at 40 scale (1”=40’).

FINAL PLANS
Upon receipt of the review comments from the City, we will proceed to prepare the final improvement plans for the
project. The final plans will be signed and prepared under the supervision of a Professional Engineer, registered in the State of California.

SPECIFICATIONS
NV5 will prepare specifications/special provisions required for construction of the project. Specifications will be prepared utilizing the City’s most current boilerplate
bid package and the latest edition of Greenbook. The
specifications will be prepared utilizing Microsoft Word.

COST ESTIMATE
NV5 will prepare Estimate of Probable Construction Cost for the proposed improvements. We will include quantities for the proposed items.

CONSTRUCTION PHASE SUPPORT
NV5 will review and provide responses to RFIs and review submittals. NV5 will provide answers to questions received during the construction phase.

Exemptions & Exclusions:

1. Right-of-Way Acquisition, Appraisals, and Title
Reports.

2. Traffic Signal Plans and Traffic Control Plans.

3. Construction Management and Inspection Services.

4. Application Fees, Permit Fees, or any other fees
required for the project.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 13 Page 80 of 276 City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 14

WORK SCHEDULE
ID Task Name Duration Start Finish
0 Project Design Phase 205 days Mon 6/5/23 Fri 3/15/24
1 Notice to Proceed 0 days Mon 6/5/23 Mon 6/5/23
2 Kick-Off Meeting 0 days Mon 6/5/23 Mon 6/5/23
3 Obtain & Review Documents/As-Built Plans 1 wk Mon 6/5/23 Fri 6/9/23 4 Utility Notification & Coordination 8 wks Mon 6/12/23 Fri 8/4/23 5 Survey 8 wks Mon 6/12/23 Fri 8/4/23
6 Pavement Investigation 8 wks Mon 6/12/23 Fri 8/4/23
7 Environmental Documentation 14 wks Mon 8/7/23 Fri 11/10/23 8 Prepare Preliminary Plans (60%) 14 wks Mon 8/7/23 Fri 11/10/23 9 City Review Preliminary Plans (60%) 2 wks Mon 11/13/23 Fri 11/24/23 10 Prepare Legal Description & Plat 8 wks Mon 11/27/23 Fri 1/19/24 11 Prepare PS&E (90%) 8 wks Mon 11/27/23 Fri 1/19/24
12 City Review PS&E (90%) 2 wks Mon 1/22/24 Fri 2/2/24
13 Prepare Final PS&E 6 wks Mon 2/5/24 Fri 3/15/24
14 Submit Final PS&E 0 days Fri 3/15/24 Fri 3/15/24
6/5
6/5
3/15
31 5 1015202530 5 1015202530 4 9 14192429 3 8 13182328 3 8 13182328 2 7 12172227 2 7 12172227 1 6 1116212631 5 10152025 1 6 111621263 June 2023 July 2023 August 2023 September 2023 October 2023 November 2023 December 2023 January 2024 February 2024 March 2024 Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Progress
Deadline

PROFESSIONAL ENGINEERING DESIGN SERVICES

CITY OF DESERT HOT SPRINGS

HACIENDA AVENUE IMPROVEMENT PROJECT

SCHEDULE
April 10, 2023

Page 81 of 276 ends

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 15

FEE PROPOSAL
HOURS $ HOURS $ HOURS $ HOURS $
1 Project Meetings and Coordination 2 $380 12 $2,280 4 $540 $0 $3,200 2 Obtain & Review Record Drawings/As-Built Plans $0 1 $190 4 $540 4 $400 $500 $1,630 3 Utility Notification and Coordination $0 8 $1,520 12 $1,620 24 $2,400 $1,500 $7,040 4 Survey $0 $0 $0 $0 $72,500 $72,500
5 Legal Description & Plat (40 assumed) $42,000 $42,000 6 Pavement Investigation $0 $0 $0 $0 $30,000 $30,000
7 Environmental Documentation $0 $0 $0 $0 $56,600 $56,600 8 Landscape & Irrigation Plans $0 $0 $0 $0 $44,300 $44,300 9 Prepare Preliminary Street Improvement Plans 8 $1,520 98 $18,620 278 $37,530 137 $13,700 $500 $71,870 10 Prepare Preliminary Streetlight Plans $0 $0 $0 $0 $18,000 $18,000 11 Prepare Final Street Improvement Plans 4 $760 14 $2,660 60 $8,100 26 $2,600 $14,120 12 Prepare Final Streetlight Plans $0 $0 $0 $0 $5,000 $5,000 13 Prepare Specifications 1 $190 4 $760 12 $1,620 12 $1,200 $3,770 14 Prepare Cost Estimate 1 $190 4 $760 12 $1,620 18 $1,800 $4,370 15 Construction Phase Support (Review RFIs & Submittals) $0 9 $1,710 14 $1,890 8 $800 $4,400 Subtotal 16 $3,040 150 $28,500 396 $53,460 229 $22,900 $167,500 $100,900 $2,500 $378,800
$190

PROJECT

ENGINEER
Revised 04/10/2023
The method of compensation will be based on time and materials in accordance with the rates provided in this fee proposal. The estimated hours listed for each task and the actual hours may vary. The total compensation for the services and work rendered will not exceed the total fee. $190

SURVEY/

GEOTECH/
STREET
LIGHT $100

REIMBURS
(copies,
mileage,
delivery, etc.)
*Subconsultant fee included 15% markup.

CADD
ENVIRON*
(Terra Nova)
LANDSCAPE*
(Ray Lopez)

PROJECT

MANAGER
Total Fee

FEE PROPOSAL
Hacienda Avenue (Tamar Drive to City Limits/Long Canyon Road) TASK
NO.

PROJECT

QA/QC MANAGER
Professional Engineering Design Services
$135

WORK DESCRIPTION
City of Desert Hot Springs
FEE

Page 82 of 276 ends

SCHEDULE OF FEES
Fee Schedule
Effective for the term of the contract.

ENGINEERING SERVICES HOURLY RATE**
Principal $230
Project Manager $190
Quality Assurance Manager $190
Traffic Engineer $225
Senior Engineer $160
Project Engineer $135
Assistant Engineer $110
CADD Technician $100
Administration $90
SURVEY SERVICES HOURLY RATE**
Survey Manager $200
2-Person Survey Crew* $275
Senior Surveyor $150
CAD Technician $130
Project Assistant $90
GEOTECHNICAL ENGINEERING SERVICES HOURLY RATE**
Senior Principal Engineer $245
Senior Engineer/Geologist $185
Senior Staff Engineer/Geologist $135

REIMBURSABLE EXPENSES COST
Reproduction Cost
Consultant Services Cost + 15%
Automobile Transportation per IRS standard
Delivery, Freight, Courier Cost
Agency Fees Cost
Commercial Travel Cost
* Assumes prevailing wages are applicable for field work. ** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 16 Page 83 of 276

SCHEDULE OF FEES
TERRA NOVA PLANNING & RESEARCH, INC.®
42635 MELANIE PLACE, SUITE 101
PALM DESERT, CA 92211
760-341-4800

STANDARD FEE SCHEDULE
2023
Terra Nova invoices its clients on a cost-basis using an hourly billing system. The scope of each planning effort is typically broken down by task and assigned estimated necessary staff time and the applicable hourly rate. Reimbursable expenses are charged on a cost basis, except where otherwise indicated. The current fee schedule is provided below:

Terra Nova Staff Hourly Rate
Principal Planner $ 195.00
Senior Planner $ 160.00
Associate Planner $ 140.00
Assistant Planner $ 115.00
GIS & Graphic Design Specialist $ 65.00
Administrative Assistant $ 45.00

REIMBURSABLES
Photo Copies (8.5” X 11” BW) $ 0.15 ea.
(8.5” X 11” Color) $ 0.30 ea.
(11” X 17” BW) $ 0.30 ea.
(11” X 17” Color) $ 0.60 ea.

Large Format Plots BW $ 1.00/S.F.

Color $ 5.00/SF
Telephone Toll Charges Cost
FAX Transmittals Cost
Reproduction, Special photographic services,
document printing, aerial photogrammetry, postage, etc. Cost +15% City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 17 Page 84 of 276

SCHEDULE OF FEES

RAY LOPEZ ASSOCIATES

LANDSCAPE ARCHITECTURE & PLANNING
736 Grove St., Bishop, CA 93514-2516
Phone: (760) 206-9696
Fee Schedule
Landscape Design Services Hourly Rate
______________________________________________________________________ L = Principal / Landscape Architect $200
P = Associate / Project Manager $150
D = Draftsman $100
C = Clerical $65
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | 18 Page 85 of 276

APPENDIX

Page 86 of 276 ends

RESUMES
Beryl Street Drainage and Street Improvements
CITY OF REDONDO BEACH | REDONDO BEACH, CA
Project Manager. Mr. Niknafs was responsible for providing engineering design services for the Beryl Street Drainage and Street Improvements (from Prospect Avenue to Flagler Lane) project, including the preparation of plans, specifications and estimates. The project included roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements to enhance safety, mobility, and access for users to accommodate a variety of transportation modes; and signing and striping. The project provided the opportunity to enhance walkability, install curb bulb-outs to reduce pedestrian crossing distances and calm traffic, and install Class II bicycle lanes. The scope of work included field investigation, topographical survey, utility coordination, providing various pavement rehabilitation and site improvement alternatives, conceptual design options, CEQA documentation, and bid and construction support.

El Monte Avenue and Baldwin Avenue Street Improvements
CITY OF EL MONTE | EL MONTE, CA
Project Manager. Mr. Niknafs was responsible for providing professional civil engineering design services for the street improvement project at El Monte Avenue from Rio Hondo Channel to Lower Azusa Road and Baldwin Avenue from Lower Azusa Road to I-10. Services included topographical survey; reviewing existing pavement conditions and treatment recommendations; evaluation of existing improvements for ADA compliance; potholing existing pavement sections and subgrade to determine recommended pavement section and repair methodologies; preparing plans, specifications, and estimates; implementing City’s Bike Master Plan recommended bike route; and preparing final bid documents.

Wilmington Avenue Pedestrian and Bicycle Improvements
CITY OF COMPTON | COMPTON, CA
Project Manager. Mr. Niknafs was responsible for providing professional design engineering services, including plans, specifications, cost estimates and related bid documents for the Wilmington Avenue Safe Streets Pedestrian/Bicycle Improvement Project. The project included pavement rehabilitation on Wilmington Avenue from El Segundo Boulevard to Rosecrans Avenue. Scope of work consisted of various pedestrian and bicycle improvements; the installation of wider and colored crosswalks; countdown pedestrian signals; enhanced pedestrian lighting; the installation of Class II bike lanes with wayfinding signage and Class I bike paths; and the installation of four solar-powered speed feedback signs for speed control and attainment.

Project Experience
Mr. Niknafs has more than 30 years of civil engineering experience in the public and private sectors working on various capital improvement projects and has extensive experience working as a project manager and senior engineer. He has managed numerous public works and development projects, including roadways, bridges, drainage, sewer, water, underground utilities, building facilities and related infrastructure improvement projects.

EXPERIENCE
30 years

EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering

LICENSES
Civil Engineer (CA)
No. 42697

AFFILIATIONS
American Public Works
Association (APWA)
American Society of Civil
Engineers (ASCE)
Transportation &
Development Institute

CONTACT INFO
[email protected] DAVID NIKNAFS, PE
Project Manager
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B1 Page 87 of 276

RESUMES
Citywide Street Rehabilitation
CITY OF POMONA | POMONA, CA
Project Manager. Mr. Niknafs was responsible for providing plans, specifications and estimates for the design of pavement rehabilitation, street improvements, bikeway Improvements, pedestrian/ADA Improvements, and landscape/Green Street and irrigation improvements on several City streets identified in the Pomona Active Transportation Plan (ATP) to increase pedestrian safety and mobility. Bikeway infrastructure improvements included the associated bike facility striping, signing, crossing improvements and signal modifications for bike detection.

Cherry Avenue and Other Roads, Fontana Area
COUNTY OF SAN BERNARDINO | FONTANA, CA
Project Manager. Mr. Niknafs is responsible for providing engineering design services, including preparation of final plans, specifications and cost estimates for the project, which involves pavement rehabilitation to Cherry Avenue and other roads (approximately 14.72 miles) and for the replacement of existing ADA ramps at 42 locations in the Fontana area. NV5 will review the existing topographic to ensure new ramps drain properly and identify and address localized drainage issues within the project footprint. NV5’s services also include preparation of legal descriptions and plats; utility coordination; preparation of traffic signing and striping plans and a pedestrian traffic plan; and environmental services support.

Reche Canyon Road and Other Roads, Colton Area
COUNTY OF SAN BERNARDINO | COLTON, CA
Project Manager. Mr. Niknafs is responsible for providing engineering design services, including the preparation of preliminary and final plans, specifications and cost estimates for the project, which involves pavement rehabilitation to Reche Canyon Road and other roads (approximately 7.13 miles) and for the design of new or replacement of existing ADA ramps at 10 locations in the Colton area. NV5’s services also include preparation of legal descriptions and plats; utility coordination; preparation of traffic signing and striping plans and a pedestrian traffic plan; and environmental services support.
“H” Street Widening
CITY OF SAN BERNARDINO | SAN BERNARDINO, CA
Project Manager. Mr. Niknafs was responsible for providing professional design engineering services, including plans, specifications, cost estimates and related bid documents for the widening of “H” Street from Kendall Drive to 40th Street.

The project increased “H” Street from two lanes to four lanes and upgrades the existing traffic signals at 40th Street and Kendall Drive. The plans included roadway, drainage, signing and striping, street lighting, modification to traffic signals, and demolition plans. Coordination with utility companies, identifying existing right-of-way, conducting pavement investigation and preparing a report, and preparing all required environmental studies and documents for clearance under CEQA were part of the project. The street improvements included ADA-compliant curb ramps as well.

Knight Way and Gould Avenue Improvements
CITY OF LA CANADA FLINTRIDGE | LA CANADA FLINTRIDGE, CA Project Manager. Mr. Niknafs was responsible for providing the plans, specifications and cost estimates for the infrastructure improvements, including street widening, utility coordination and relocations, street lighting, traffic signing and striping for the widening of Knight Way and improvements to Gould Avenue. The main objectives of the project were to improve school drop-off and pick-up traffic; provide parking and pedestrian access on the south side of the street; and improve pedestrian access with a mid-block crossing and speed calming measures. The project also included improvements to sidewalk, curb ramps, curb and gutter, driveway reconstruction, replacement and/or restoration of existing landscaping and irrigation within the parkway, street resurfacing with ARHM, and raised median improvements.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B2 Page 88 of 276 El Toro/Aliso Creek Widening Phase II
CITY OF LAGUNA WOODS | LAGUNA WOODS, CA
Construction Manager. Mr. Salgado managed this federally funded project that was the second phase of a two-phase capital improvement project to widen El Toro Road.

The project accommodated a paved 6-foot-wide Class II Bike Trail and a sidewalk that varies in width from 6 to 9 feet. The work also included construction of sidewalk, retaining wall, and associated drainage structures, and the relocation of the existing Class II Bike Lane. Construction also included cold milling the existing curb, ADA access ramps, adjusting utilities to finish grade, applying traffic striping with pavement markers and legends (stenciling), and reinstalling traffic detector loops.

Harbor Boulevard Bike Path
CITY OF COSTA MESA | COSTA MESA, CA
Project Manager. Mr. Salgado oversaw our construction management and inspection team for upgrades to the existing bike trail along the north side of Harbor Boulevard between Fair Drive and Merrimac Way. The project consisted of pavement rehabilitation, new pedestrian lighting, landscaping and irrigation.

University Drive Widening
CITY OF IRVINE | IRVINE, CA
Project/Construction Manager. Mr. Salgado oversaw our construction management and inspection team for the University Drive Widening (from Campus Drive to MacArthur Boulevard) project, which included parkway improvements, street improvements, storm drain improvements, water improvements, and landscape and irrigation for the adjacent bike trail. Our services included bid management, construction management, daily inspection services, and project closeout.

Tustin Avenue/La Palma Widening and Intersection Improvements CITY OF ANAHEIM | ANAHEIM, CA
Project Manager. Mr. Salgado oversaw the construction management and inspection team and was also responsible for constructability review for this improvement project.

This project widened a 1,300-foot portion of Tustin Avenue, as well as widened the S.R. 91 on- and off-ramp at Tustin Avenue. This project also included a retaining wall along the 91 Freeway off-ramp; street resurfacing and a new raised center median; reconstruction of sidewalks and drive approaches; new curb ramps; traffic signal improvements; storm drain and water line improvements; parkway and median landscaping and irrigation.

Project Experience
With 25 years of experience, Mr. Salgado has managed and delivered a variety of public works projects, including street improvements, vertical construction and tenant improvements, parks and landscaping improvements, and water, sewer and storm drain improvements. Working with a variety of agencies, he is thoroughly familiar with local, state and federal procedures.

PETER SALGADO, PE
QA/QC Manager

EXPERIENCE
25 years

EDUCATION
B.S. Civil Engineering

LICENSES
Civil Engineer (CA)
No. 63159

CONTACT INFO
[email protected]

RESUMES
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B3 Page 89 of 276 Beryl Street Drainage and Street Improvements from Prospect Avenue to Flagler Lane Project
CITY OF REDONDO BEACH | REDONDO BEACH, CA
Project Engineer. Mr. Biscocho provided engineering design services for the Beryl Street Drainage and Street Improvements project, including the preparation of plans, specifications and estimates. The project included roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements to enhance safety, mobility, and access for users to accommodate a variety of transportation modes; and signing and striping. The project provided the opportunity to enhance walkability, install curb bulb-outs to reduce pedestrian crossing distances and calm traffic, and install Class II bicycle lanes. The scope of work included field investigation, topographical survey, utility coordination, providing various pavement rehabilitation and site improvement alternatives, conceptual design options, CEQA documentation, and bid and construction support.

El Monte Avenue and Baldwin Avenue Street Improvements
CITY OF EL MONTE | EL MONTE, CA
Project Designer. Mr. Biscocho provided engineering design services for the street improvement project at El Monte Avenue from Rio Hondo Channel to Lower Azusa Road and Baldwin Avenue from Lower Azusa Road to I-10. Services included topographical survey; reviewing existing pavement conditions and treatment recommendations; potholing existing pavement sections and subgrade to determine recommended pavement section and repair methodologies; preparing plans, specifications, and estimates; implementing City’s Bike Master Plan recommended bike route; and preparing final bid documents.

Wilmington Avenue Pedestrian and Bicycle Improvements
CITY OF COMPTON | COMPTON, CA
Project Designer. Mr. Biscocho provided design engineering services, including plans, specifications, cost estimates and related bid documents for the Wilmington Avenue Safe Streets Pedestrian/Bicycle Improvements project. The project included pavement rehabilitation on Wilmington Avenue from El Segundo Boulevard to Rosecrans Avenue.

It also included various pedestrian and bicycle improvements; the installation of wider and colored crosswalks; countdown pedestrian signals; enhanced pedestrian lighting; the installation of Class II bike lanes with wayfinding signage and Class I bike paths; and the installation of four solar-powered speed feedback signs for speed control and attainment.

Project Experience
Mr. Biscocho has more than 30 years of experience as a Project Designer. He has a demonstrated ability to manage multiple projects from planning to construction closeout. He has a wealth of knowledge of the overall operational experience working with municipal agencies, and his qualifications include the ability to review and prepare construction plans, specifications and cost estimates; provide engineering counter assistance; process permits; and establish, maintain and foster positive working relationships with agency staff.

ART BISCOCHO
Project Engineer/Designer

EXPERIENCE
30 years

EDUCATION
B.S. Civil Engineering

CONTACT INFO
[email protected]

RESUMES
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B4 Page 90 of 276 Beryl Street Drainage and Street Improvements from Prospect Avenue to Flagler Lane Project
CITY OF REDONDO BEACH | REDONDO BEACH, CA
Project Engineer. Mr. Novak provided engineering design services for the Beryl Street Drainage and Street Improvements project, including the preparation of plans, specifications and estimates. The project included roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements to enhance safety, mobility, and access for users to accommodate a variety of transportation modes; and signing and striping. The project provided the opportunity to enhance walkability, install curb bulb-outs to reduce pedestrian crossing distances and calm traffic, and install Class II bicycle lanes. The scope of work included field investigation, topographical survey, utility coordination, providing various pavement rehabilitation and site improvement alternatives, conceptual design options, CEQA documentation, and bid and construction support.

El Monte Avenue and Baldwin Avenue Street Improvements
CITY OF EL MONTE | EL MONTE, CA
Project Designer. Mr. Novak provided civil engineering design services for the street improvement project at El Monte Avenue from Rio Hondo Channel to Lower Azusa Road and Baldwin Avenue from Lower Azusa Road to I-10. Services included topographical survey; reviewing existing pavement conditions and treatment recommendations; potholing existing pavement sections and subgrade to determine recommended pavement section and repair methodologies; preparing plans, specifications, and estimates; implementing City’s Bike Master Plan recommended bike route; and preparing final bid documents.

Cherry Avenue and Other Roads, Fontana Area
COUNTY OF SAN BERNARDINO | FONTANA AREA, CA
Project Engineer. Mr. Novak is providing engineering design services, including preparation of final plans, specifications and cost estimates for the project, which involves pavement rehabilitation to Cherry Avenue and other roads (approximately

14.72 miles) and for the replacement of existing ADA ramps at 42 locations in the Fontana area. NV5 will review the existing topographic to ensure new ramps drain properly and identify and address localized drainage issues within the project footprint. NV5’s services also include preparation of legal descriptions and plats; utility coordination; preparation of traffic signing and striping plans and a pedestrian traffic plan; and environmental services support.

Project Experience
Mr. Novak has more than 25 years of experience in civil, environmental and geotechnical engineering. His expertise includes the conceptual planning, design and preparation of rough to precise grading plans; land use studies and preliminary engineering; street design; and water, sanitary sewer, street and storm drain plans. His projects encompass residential, wastewater and infrastructure, mountain and hillside, golf and resort, and commercial projects. Mr. Novak is proficient with AutoCAD C3D, Word and Excel software applications.

STEPHEN NOVAK
Project Engineer/Designer

EXPERIENCE
25 years

EDUCATION
A.S. Building Technology

LICENSES/CERTIFICATES
Certificate, Master
Planning Communities

CONTACT INFO
[email protected]

RESUMES
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B5 Page 91 of 276

RESUMES
Plan Check & Traffic Engineering Services
CITY OF COMPTON | COMPTON, CA
Plan Check Engineer. Mr. Tom is part of the NV5 team providing professional plan check services and traffic engineering services for the City’s Public Works Department.

Services include technical plan check for engineering documents and plans and review of maps and legal descriptions for conformance with Federal, State and local regulations.

Senior Civil Engineer
CITY OF GLENDALE PUBLIC WORKS - TRAFFIC AND TRANSPORTATION DIVISION | GLENDALE, CA As Senior Civil Engineer, Mr. Tom’s duties included:
• Managing the Traffic and Transportation Capital Improvement Program. Projects included Traffic Signal Improvements, Street Improvements involving signing and striping improvements, At-Grade Railroad Crossing Improvements, Intelligent Traffic System Improvements, Pedestrian Improvements, and Safe Routes to Schools • Preparing schedules, project budgets, and specifications for materials and labor • Drafting and reviewing reports and specifications, including construction schedules, environmental impact studies and project designs • Evaluating transportation systems and traffic control devices • Coordinating with contractors, utility companies, and government agencies to implement projects
Transportation Engineer
CITY OF SANTA MONICA - TRAFFIC AND TRANSPORTATION DIVISION | SANTA MONICA, CA As Transportation Engineer, Mr. Tom’s duties included:
• Managing the Traffic and Transportation Capital Improvement Program. Projects included Traffic Signal Improvements, Intelligent Traffic System Improvements, Pedestrian Improvements and Bikeway Improvements
• Managing the Traffic Operations Program
• Managing and approving expenditures of operating budget and CIP funds • Managing repair and maintenance of traffic and transportation systems • Preparing schedules, project budgets, and specifications for materials and labor • Investigating traffic problems and determining ways to improve traffic flow and safety Project Experience
Mr. Tom has 34 years of progressive experience in design, technical specifications preparation, construction management, project management and personnel management. He has a thorough understanding of project management from the planning and design phases through the construction phase. His tasks have included preparing schedules, project budgets and materials and labor specifications, as well as coordinating with multiple stakeholders. He has held various positions at cities, for which he has managed capital improvement programs, reviewed and approved plans and managed construction of contract work for compliance with plans and specifications.

As a transportation engineer, he has evaluated transportation systems, managed traffic operations and maintenance programs, prepared and reviewed traffic impact studies, and reviewed and inspected the implementation of worksite traffic control plans.

GERALD TOM, PE, TE
Project Engineer/Designer

EXPERIENCE
34 years

EDUCATION
B.S. Civil Engineering

LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 51209
Traffic Engineer (CA)
No. 2541

CONTACT INFO
[email protected]
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B6 Page 92 of 276 ST-70 Road Rehabilitation Project - Calhoun and Van Buren Street Improvement Projects
CITY OF COACHELLA | COACHELLA, CA
Survey Manager. Mr. Fahrion served as Survey Manager for crews providing construction-staking services, topographic survey for the design and widening of streets, preparing plans and consulting with the City of Coachella. NV5 provided civil engineering and survey design services, which covers Calhoun Street and Van Buren Street.

Avenue 54/Van Buren
CITY OF COACHELLA | COACHELLA, CA
Survey Manager. Mr. Fahrion served as Survey Manager for an aerial survey of Avenue 54 from Harrison Street to Van Buren Street and Van Buren Street from Avenue 54 to Avenue 56. NV5 provided street cross sections on Avenue 54, along with utility locations and mapping of existing right-of-way on Avenue 54. Information was provided to the client for street design of Avenue 54.

Thermal Town Street Project

THERMAL, CA
Survey Manager. Mr. Fahrion served as Survey Manager for the survey of 5 acres of a 40-acre parcel at the Southeast corner of Church and Olive streets. The project also consisted of the preparation of legal description and map of the property, setting property corners, and preparation of an ALTA survey.

On-Call Surveying Services
CITY OF INDIO | INDIO, CA
Survey Manager. Mr. Fahrion served as Survey Manager for on-call services as requested by the Public Works Department. Services include topographic survey of the Indio Safety Campus, Boundary Survey and preparation of a Parcel Map at Dr. Carreon Boulevard. All Services were completed as scheduled, and all information was provided to the City.

Project Phoenix
CITY OF TWENTYNINE PALMS | TWENTYNINE PALMS, CA
Survey Manager. Mr. Fahrion served as the Survey Manager who oversaw survey services for 11.2 acres of downtown Twentynine Palms that included aerial topographic survey, which was flown by our UAV, supplemental topographic survey, boundary survey, location of existing utilities and preparation of a base map provided to the client.

Project Experience

JAY FAHRION, PLS
Survey/ROW

RESUMES
Mr. Fahrion has over 43 years of surveying and mapping experience, with 32 years in Coachella Valley. His experience includes boundary surveys, ALTA surveys, topographic surveys, construction staking, preparing and processing record of surveys, corner records and parcel maps. His duties also include daily assignment of field and office work, managing field and office personnel, proposal preparation and client development.

EXPERIENCE
43 years

REGISTRATIONS
Professional Land Surveyor
(CA) No. 8207
AQMD PM-10 Certificate

CONTACT INFO
[email protected]
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B7 Page 93 of 276 Avenue 54 Improvements
CITY OF COACHELLA | COACHELLA, CA
Senior Surveyor. Mr. Boyle served as Senior Surveyor for the Avenue 54 Improvements, which included the replacement of irrigation laterals; the installation of street lights; and the construction of curbs, gutters, and sidewalks. He was responsible for land surveys; verifying control during construction staking; identifying staking clearing limits and removal lines; and monument replacement.

Avenue 54/Van Buren
CITY OF COACHELLA | COACHELLA, CA
Mr. Boyle provided an aerial survey of Avenue 54 from Harrison Street to Van Buren Street and Van Buren Street from Avenue 54 to Avenue 56. He also provided street cross sections on Avenue 54, along with utility locations, and mapping of existing rightof-way on Avenue 54. Information was provided to the client for street design of Avenue

54. Avenue 50 Bridge
CITY OF COACHELLA | COACHELLA, CA
Senior Surveyor. Mr. Boyle served as Senior Surveyor for the Avenue 50 Bridge over the Coachella Valley storm channel. He was responsible for providing coordination for survey network control, aerial topography, right-of-way and boundary survey services.

Avenue 52/Grapefruit Boulevard Grade Separation
CITY OF COACHELLA | COACHELLA, CA
Senior Surveyor. Mr. Boyle served as Senior Surveyor for providing construction staking services for the Avenue 52/Grapefruit Boulevard Grade Separation. The scope of services included control survey, staking of existing and future right-of-way, underground utilities, street improvements, and a bridge structure that spans over the existing Union Pacific Railroad.

Water Improvement Project
JOSHUA BASIN WATER DISTRICT | JOSHUA TREE, CA
Survey Manager. Mr. Boyle served as Survey Manager for the water improvement project in the community of Joshua Tree. The work included coordination of aerial photogrammetry, right-of-way records research, right-of-way mapping based on field survey and detail topographic surveys for engineering design for approximately 4 miles of improvement.

Project Experience

EXPERIENCE
39 years

EDUCATION
A.A. Drafting Technology

LICENSES/CERTIFICATES
Professional Land Surveyor
(CA) No. 8340

AFFILIATIONS
California Land Surveyors
Association (CLSA), San
Diego Chapter, President

CONTACT INFO
[email protected] DOUG BOYLE, PLS
Land Survey
Mr. Boyle has 39 years of experience in almost all facets of the land surveying profession. He has in-depth experience in office operations supporting mapping and field survey functions, including work for Final Maps, Records of Survey and other landrelated exhibits/records, such as Lot Line Adjustments, ALTA Land Surveys and Legal Descriptions, inclusive of submittal, processing and agency approval and recordation.

He has experience in mapping and field support utilizing AutoCAD-based CADD programming, as well as various other survey support programs and utilities for total station and GPS operations.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B8 Page 94 of 276 Beryl Street Drainage and Street Improvements from Prospect Avenue to Flagler Lane Project
CITY OF REDONDO BEACH | REDONDO BEACH, CA
Geotechnical Project Manager. Dr. Henderson provided geotechnical engineering services as part of the team that is providing engineering design services for the Beryl Street Drainage and Street Improvements project. The project included roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements to enhance safety, mobility, and access for users to accommodate a variety of transportation modes; and signing and striping.

Annual Residential Street Rehabilitation
CITY OF COMPTON | COMPTON, CA
Geotechnical Project Manager. Dr. Henderson provided geotechnical engineering services for the project. The scope of work included review and analysis of the City’s existing Pavement Management Study; research of the City’s existing street plan information; performing necessary soil investigations and coring samples; utilities notification and coordination; topographic survey; field review; and improvements to street pavement, street drainage, curb and gutter, sidewalk, and ADA curb ramps.

NV5’s geotechnical and engineering geology services included the review of available literature on subsurface conditions, excavation and associated documentation of thirty-three (33) pavement cores, appropriate laboratory testing for pavement design, and engineering evaluation of the data collected to develop geotechnical recommendations for the design and construction of the project. Recommended street rehabilitation alternatives included grind and overlay, remove and replace, and full depth reclamation using cement (FDR-C).

Arterial Roadway Rehabilitation
CITY OF PLACENTIA | PLACENTIA, CA
NV5 provided an investigation to evaluate the existing condition of pavement structure along various residential streets within the City of Placentia and to provide conclusions and geotechnical engineering recommendations pertinent to the proposed rehabilitation. NV5’s geotechnical and engineering geology services included the review of available literature on subsurface conditions, excavation and associated documentation of twenty (28) pavement cores, appropriate laboratory testing for pavement design, and engineering evaluation of the data collected to develop geotechnical recommendations for the design and construction of the project.

Recommended street rehabilitation alternatives included grind, overlay, remove, and replace.

Project Experience

CARL HENDERSON, PE, GE
Geotechnical Engineer

RESUMES
Dr. Henderson has more than 24 years of experience performing geotechnical evaluations for a wide variety of projects, including buildings, bridges, highways, roadways, embankments, levees, land development, and commercial and industrial facilities. He has extensive experience with embankment construction and stability evaluations for many large roadway construction projects in California.

EXPERIENCE
24 years

EDUCATION
Ph.D. Civil Engineering
M.S. Civil Engineering
(Geotechnical)
B.S. Civil Engineering

LICENSES/CERTIFICATES
Geotechnical Engineer (CA)
No. 2886
Civil Engineer (CA)
No. 71115

AFFILIATIONS
American Public Works
Association (APWA)
American Indian Science
and Engineering Society
(AISES)
National Society of Black
Engineers (NSBE)
Society of American
Military Engineers (SAME)

CONTACT INFO
[email protected]
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B9 Page 95 of 276 Beryl Street Drainage and Street Improvements from Prospect Avenue to Flagler Lane Project
CITY OF REDONDO BEACH | REDONDO BEACH, CA
Project Engineer. Mr. Cunningham provided geotechnical engineering services as part of the team that is providing engineering design services for the Beryl Street Drainage and Street Improvements project. The project included roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements to enhance safety, mobility, and access for users to accommodate a variety of transportation modes; and signing and striping.

Annual Residential Street Rehabilitation
CITY OF COMPTON | COMPTON, CA
Project Engineer. Mr. Cunningham provided geotechnical engineering services for the project. The scope of work included review and analysis of the City’s existing Pavement Management Study; research of the City’s existing street plan information; performing necessary soil investigations and coring samples; utilities notification and coordination; topographic survey; field review; and improvements to street pavement, street drainage, curb and gutter, sidewalk, and ADA curb ramps. NV5’s geotechnical and engineering geology services included the review of available literature on subsurface conditions, excavation and associated documentation of thirty-three (33) pavement cores, appropriate laboratory testing for pavement design, and engineering evaluation of the data collected to develop geotechnical recommendations for the design and construction of the project. Recommended street rehabilitation alternatives included grind and overlay, remove and replace, and full depth reclamation using cement (FDR-C).

Arterial Roadway Rehabilitation
CITY OF PLACENTIA | PLACENTIA, CA
Project Engineer. NV5 provided an investigation to evaluate the condition of pavement structure along various residential streets within the City and to provide conclusions and geotechnical engineering recommendations pertinent to the proposed rehabilitation. NV5’s geotechnical and engineering geology services included the review of available literature on subsurface conditions, excavation and associated documentation of twenty (28) pavement cores, appropriate laboratory testing for pavement design, and engineering evaluation of the data collected to develop geotechnical recommendations for the design and construction of the project.

Recommended rehabilitation alternatives included grind, overlay, remove, and replace.

Project Experience
Mr. Cunningham has more than 10 years of experience performing geotechnical evaluations for many different projects, including schools, buildings, bridges, roadways, land development, and commercial facilities. He has performed analysis for shallow foundations, drilled and driven piles, site-specific seismic hazard calculations, liquefaction, slope stability and pavement sections, including new and rehabilitated roadways. He also has experience in oversight and management of field testing and inspections operations.

EXPERIENCE
10 years

EDUCATION
B.S. Civil Engineering

LICENSES/CERTIFICATES
Geotechnical Engineer (CA)
No. 3186
Civil Engineer (CA)
No. 78292

AFFILIATIONS
American Society for Civil
Engineers (ASCE)

CONTACT INFO
paul.cunningham@nv5.
com

PAUL CUNNINGHAM, PE, GE
Geotechnical Engineering

RESUMES
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B10 Page 96 of 276

RESUMES

SEAN ROY, CEG, PG, QSD/P
Geotechnical Engineering
Mr. Roy is a California registered Professional Geologist with more than 19 years of experience in geotechnical engineering, environmental, hydrogeological, and stormwater project roles, including project management, subsurface evaluation, and execution of various geotechnical engineering, soils and materials testing, field instrumentation, and construction oversight projects for a diverse array of clients. Mr.

Roy’s geotechnical-related experience includes completing evaluations for a wide variety of projects, including water and sewer pipelines, power generation and transmission, bridges, land development, educational institutions, and commercial and industrial facilities. Mr. Roy has extensive experience with field exploration, geology, earthwork, seismic and geotechnical hazards, environmental assessment and remediation, and groundwater for many large construction projects throughout California and Oregon.

Project Experience
Beryl Street Drainage and Street Improvements
CITY OF REDONDO BEACH | REDONDO BEACH, CA
Senior Project Geologist. Mr. Roy provided geotechnical engineering services as part of the team that is providing engineering design services for the Beryl Street Drainage and Street Improvements project. The project included roadway, intersection and drainage improvements, including green street elements; modifications to catch basins; pedestrian crossing enhancements through curb ramp and pedestrian signal upgrades; incorporation of Living Street Design principles, traffic calming elements to enhance safety, mobility, and access for users to accommodate a variety of transportation modes; and signing and striping.

Annual Residential and Arterial Streets Rehabilitation (Phases 1 & 2) CITY OF COMPTON | COMPTON, CA
Senior Project Geologist. NV5 provided an investigation to evaluate the existing condition of pavement structure along various residential streets and to provide conclusions and geotechnical engineering recommendations pertinent to the proposed rehabilitation. NV5’s geotechnical and engineering geology services included the review of available literature on subsurface conditions, excavation and associated documentation of thirty three (33) pavement cores, appropriate laboratory testing for pavement design, and engineering evaluation of the data collected to develop geotechnical recommendations for the design and construction of the project.

Recommended street rehabilitation alternatives included grind and overlay, remove and replace, and full-depth reclamation using cement (FDR-C).

Heber Sidewalk Improvements
COUNTY OF IMPERIAL | HEBER, CA
Senior Project Geologist. Mr. Roy served as the Senior Project Geologist for the Heber Sidewalk Improvements project. The purpose of our limited geotechnical study was to evaluate the subsurface soils conditions along Heber Avenue between 10th and Fawcett Road for the proposed new sidewalks. Geotechnical services included investigation of the underlying geotechnical conditions by hand auger drilling, sampling, and logging five (5) exploratory borings to final depths of approximately 3 feet below the ground surface (bgs), and appropriate laboratory testing of representative samples of the soils encountered. Geotechnical analysis of the data was obtained. Mitigation of expansive and corrosive soils were the main design issue.

EXPERIENCE
19 years

EDUCATION
B.S. Engineering Geology

LICENSES/CERTIFICATES
Professional Geologist (CA)
No. 8765
Certified Engineering
Geologist (CA) No. 2760
Qualified SWPPP
Developer/Practitioner
No. 25794
MSHA Certified
OSHA 40-Hour Certified
OSHA 8-Hour Refresher

OSHA HAZWOPER
Supervisor

AFFILIATIONS
San Diego Environmental
Professionals
San Diego Associated
Geologists

CONTACT INFO
[email protected]
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B11 Page 97 of 276 Jeffrey Open Space Trail (JOST) Bridge over I-5

IRVINE, CA
Project Manager/Project Engineer. Mr. Miller served as Project Manager/Project Engineer responsible for designing lighting plans for a proposed bike and pedestrian bridge over Interstate 5. The project aimed to connect the existing segment of the JOST on the west side of I-5 to the existing segment of JOST on the east side of I-5 via a new bridge over the freeway. Mr. Miller prepared plans, specifications and construction cost estimates for the bridge lighting design.

El Camino Real Widening Project Phases 1 and 2

CARLSBAD, CA
Senior Transportation Engineer. Mr. Miller served as Senior Transportation Engineer responsible for leading the traffic engineering design that included utility coordination, four (4) traffic signal modifications with various upgrades, including CCTV and other ATMS devices to support the City’s Traffic Management Center (TMC), one (1) new traffic signal, interconnect, geometric modifications, street lighting, signing and striping, and temporary traffic control.

As-Needed Traffic Control

SAN DIEGO, CA
Senior Transportation Engineer. Mr. Miller served as Senior Transportation Engineer for the design of traffic engineering plans, including new and modified traffic signals, signal interconnect, signing/striping, street and pedestrian lighting, temporary traffic control and detours. He conducted geometric analyses, sight distance evaluations, and site access assessments.

PCH Ruby Street to Ledroit Street Traffic Signals

LAGUNA BEACH, CA
Mr. Miller managed the design of traffic signal modification plans for 18 intersections along PCH (SR-1). Modifications included ADA and pedestrian upgrades and new loop detectors. He worked closely with Caltrans District 12 to expedite the project.

Mid-Coast Corridor Transit Project

SAN DIEGO, CA
Mr. Miller served as an extension of SANDAG staff on the project management consultant (PMC) team. He was responsible for QA/QC review of all traffic engineering plans, coordinating master specifications, expediting permits with various agencies, change control, providing records of negotiation, independent cost estimating, and coordinating all Caltrans encroachment permits (54 total) within the mid-coast corridor.

This project extended 11 miles of light rail (“Blue Line Trolley”) with nine new stations.

Project Experience

JAMES MILLER, PE
Traffic/Street Lighting

RESUMES
Mr. Miller has over 16 years of experience in the traffic and transportation disciplines, including projects involving roadways, bridges, and other specialty civil projects. He has applied his traffic design expertise to major streetscape and multimodal projects for municipal and state agencies. He has collaborated extensively with Caltrans, and his experience, combined with his knowledge of current standards and best practices, provides his clients with insightful, effective design solutions.

EXPERIENCE
16 years

EDUCATION
B.S. Civil Engineering

LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 82522

AFFILIATIONS
American Society of Civil
Engineers (ASCE)
American Public Works
Association (APWA) Awards
Chair 2013-2019
Adjunct Professor, Civil
Engineering, San Diego
State University, 2014
Aztec Mentoring Program,
San Diego State University,
2013-present

CONTACT INFO
[email protected]
City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B12 Page 98 of 276

RESUMES
Terra Nova Planning & Research, Inc.

Nicole Sauviat Criste - Principal and Project Manager
Ms. Criste has been with Terra Nova since 1985 and will serve as the Project Manager. She has extensive experience in the preparation of CEQA documents, including the DSRT Surf Specific Plan and EIR in Palm Desert, Museum Market Plaza Specific Plan EIR in Palm Springs, the Dune Palms & Highway 111 Specific Plan EIR in La Quinta, and the North Apple Valley Industrial Specific Plan EIR. She also has worked with the City of Desert Hot Springs on private development projects, including the Aventura Specific Plan Amendment, the Grocery Outlet Initial Study, and the City Hall Initial Study for the new City Hall at Palm Drive and Pierson Boulevard.

She has conducted and managed the preparation of several community General Plans, including those for the cities of La Quinta (2002 and 2012), Apple Valley and Banning. She was the Project Manager for the Patterson Park Neighborhood Revitalization Strategic Plan for the City of Riverside, and the Coachella Valley Association of Governments’ Green for Life Program for the City of Palm Desert, for which the Terra Nova team has prepared a Green Building Program and Municipal Benchmarking and Energy Management Program.

Among her public sector clients, Ms. Criste has provided land use and environmental planning services to a number of cities, including Desert Hot Springs, Palm Springs, La Quinta, Palm Desert, Cathedral City, Twentynine Palms, San Bernardino, Indio, and Rancho Mirage.

In addition to extensive land use and community planning experience, Ms. Criste also provides expert services in environmental, land use and development design analysis, fiscal and economic impact analysis. She has conducted numerous market and economic impact studies, as well as environmental studies for economic development and redevelopment agencies in the region.

Ms. Criste has also taught CEQA classes for City staffs, and prior to the demise of redevelopment agencies, for the California Redevelopment Association’s certification program for redevelopment professionals. Ms. Criste also works with a number of attorneys as a CEQA expert, providing technical analysis in support of court actions in Southern California, Santa Clara County and Sacramento. Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B13 Page 99 of 276

RESUMES
Terra Nova Planning & Research, Inc.

Kelly Clark - Senior Planner
Ms. Clark joined Terra Nova in 2011. Since joining Terra Nova, Ms. Clark has provided research and analysis required for CEQA and NEPA documents, local green building policies and various development projects throughout the Coachella Valley, including the Specific Plans for the DSRT Surf and Apple Valley Village Specific Plans, Initial Studies for retail projects in Desert Hot Springs, San Bernardino and Twentynine Palms. She also contributed to the preparation of the College of the Desert Indio Educational Center EIR.

She has developed an excellent understanding of air quality and greenhouse gas modeling, and prepares air quality models, including most of the air quality analyses for the Initial Studies described above.

Ms. Clark was a part of the planning team for the Rancho Mirage Highway 111 Specific Plan, and the Rancho Cucamonga Foothill Boulevard BRT corridor study, a Compass Blueprint Demonstration Project of the Southern California Association of Governments. She has been involved in land use and socio-economic research, public outreach and participation, and collection of data and information regarding the Foothill corridor.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B14 Page 100 of 276

RESUMES
Terra Nova Planning & Research, Inc.

Dominique Camps, Assistant Planner
Ms. Camps has been with Terra Nova since 2022. She holds a Master of City Planning degree from the University of Manitoba, and a Bachelor of Fine Art degree in Art History and Studio Art from Concordia University in Montreal.

Prior to joining Terra Nova, Ms. Camps worked for Open North in Canada, researching open data options for small cities. Her work included data collection, surveys, interviews and document drafting for an initiative aimed at improving transparency and access at the municipal level. Since joining Terra Nova, Ms. Camps has worked on various CEQA documents, as well as research and documentation of air quality and GHG modeling and statistical analysis for land use projects throughout the Coachella Valley.

City of Desert Hot Springs — Hacienda Avenue Spa Zone Street Improvements NV5 | B15 Page 101 of 276

DESIGN PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
NV5, INC.

This Professional Services Agreement (“Agreement”) is made and entered into this 18th day of April, 2023, 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 NV5, Incorporated, 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 Hacienda Spa Zone Improvement Project; 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

Page 102 of 276 ends

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 SEVENTY-EIGHT THOUSAND DOLLARS ($378,000.00), 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.

Page 103 of 276 ends

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.

Page 104 of 276 ends

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.

Page 105 of 276 ends

(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.

Page 106 of 276 ends

(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:

Page 107 of 276 ends

(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

Page 108 of 276 ends

(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.

Page 109 of 276 ends

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:

Page 110 of 276 ends

(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

Page 111 of 276 ends

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.

Page 112 of 276 ends

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:

Page 113 of 276 ends

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: Jeffrey M. Cooper, Senior Vice President NV5, Inc.
42-829 Cook Street, Suite 104
Palm Desert, CA 92211
Telephone: (760) 341-3101
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

Page 114 of 276 ends

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

Page 115 of 276 ends

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

Page 116 of 276 ends

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

Page 117 of 276 ends

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

Page 118 of 276 ends

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.

Page 119 of 276 ends

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]

Page 120 of 276 ends

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
_____________________________
Doria Wilms, Interim City Manager

ATTEST:
_____________________________
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer A. Mizrahi, City Attorney
NV5, Incorporated
_____________________________
Jeffrey M. Cooper, Senior Vice President

Page 121 of 276 ends

EXHIBIT "A"

SCOPE OF SERVICES
Proposal attached, summary below;
Project Name: Hacienda Avenue Spa Zone
Project Number: 3023
Project Scope of Work:
 Prepare improvement plan submittals in support of the Hacienda Avenue Spa Zone Street Improvement Project. The project will consist of approximately 10,341 feet of sidewalks, 9,450 sq. ft. of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 street lights, 17 crosswalks, and one intersection safety improvement. The scope of work includes the following:
o Utility Coordination, permits and clearances
o Engineering related field survey and base maps
o Street Improvement Plans
o CEQA and NEPA documents, as required
o Prepare right-of-way exhibits and survey documents
o Preparation of plans, contract documents, bid documents, special provisions, and engineers estimate
o Construction Phase – Technical oversight
Project Limits: Hacienda Avenue from Tamar Drive to City Limits Total Design Contract: $ XXXXXX

Page 122 of 276 ends

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

Page 123 of 276 ends

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.

Page 124 of 276 ends

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

Page 125 of 276 ends

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. 

Page 126 of 276 ends

SR-23-087
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 18, 2023
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Award Construction Contract for the Construction of HSIP 9-1 Palm Drive Safety Improvement Project (Federal Project No. HSIPL-5384(023), City Project No. 3019)
RECOMMENDATION:

Award the construction contract agreement to the lowest responsive bidder, Crosstown Electrical & Data, Inc. and authorize the City Manager to execute the agreement, and make substantive changes as necessary, by and between Crosstown Electrical & Data, Inc. and the City of Desert Hot Springs for the Construction of the 9-1 Palm Drive Safety Improvement Project, Federal Project No. HSIPL5384(023), City Project No. 3019 in the amount of $355,676, and approve a 10% contingency amount of $35,567.60, and as-needed inspection services of $15,720, which brings the total project budget to $406,963.60.

BACKGROUND:

The City applied for grant funding from the Highway Safety Improvement Program (HSIP) Cycle 9, and was awarded a total of $206,300 for the completion of upgrades to various traffic signals along Palm Drive between Dillon Road and Pierson Boulevard. The project consists of upgrading pedestrian signal heads to countdown style pedestrian signal heads, pedestrian push buttons to accessible pedestrian signals, and construction of continental style crosswalks with limit lines.

Project plans were prepared for the project and after the engineering design was completed and approved, staff issued a Request for Proposal (RFP) for construction.

DISCUSSION:

On January 3, 2023, the RFP for construction was released for the HSIP 9-1 - Palm Drive Safety Improvement Project, Federal Project No. HSIPL 5384(023), City Project No. 3019. On February 6, 2023, the City received one bid. Due to the bid being much higher than the project estimate and that this project is funded with federal grant money, a second RFP was released on February 9, 2023. Both RFPs posted Notices Inviting Bids on the City’s website, in La Prensa Hispana newspaper, with Planit Reprographics, a local valley clearing house for public bid solicitations. On March 13, 2023, the following three bids were received and opened:

Contractor Address Total Bid Amount

Page 127 of 276 ends

SR-23-087
Crosstown Electrical & Data,
Inc.
5454 Diaz Street
Irwindale, CA 91706 $355,676
Belco 14320 Albers Way
Chino, CA 91710 $375,585
PTM General Engineering
Services, Inc.
5942 Acorn Street
Riverside, CA 92504 $389,290
Staff reviewed the bids and verified all submittals. Staff determined the lowest responsible bidder to be Crosstown Electrical & Data, Inc. with a total bid amount $355,676. Staff verified references that were submitted with their bid packet and found Crosstown Electrical & Data, Inc. to meet the necessary qualifications.

FISCAL IMPACT:

This project will be funded through the following funding sources:

HSIP Cycle 9 = $206,300
Measure A = $50,000
SB1 = $150,663.60
Total Project Budget = $406,963.60
Contract Amount = $355,676
Contingency 10% = $35,567.60
As-needed Inspection Services = $15,720
Total Project Budget = $406,963.60
ATTACHMENTS:

Exhibit 1 - Project Plans
Exhibit 2 - Bid Proposal for Crosstown Electrical & Data, Inc.

Exhibit 3 - Notice Inviting Bids
Exhibit 4 - Bid Item Tabulation Table
Exhibit 5 - Public Works Construction Agreement

Page 128 of 276 ends

INDIAN CANYON DR

PALM DRIVE
VARNER ROAD ROAD BOULEVARD 2OTH AVENUE

LITTLE MORONGO ROAD
GENE AUTRY TRAIL 19TH AVENUE TITLE SHEET CAMINO CAMPANERO AVENUE DRIVE TWO BUNCH PALMS TRAIL PIERSON HACIENDA IRONWOOD DILLON

Page 129 of 276 ends

DETAIL A

NOT TO SCALE

TYPICAL LOOP DETECTOR SPACING

NOT TO SCALE
LEGEND

Page 130 of 276 ends

DETAIL A

NOT TO SCALE

TYPICAL LOOP DETECTOR SPACING

NOT TO SCALE
LEGEND

Page 131 of 276 ends

DETAIL A

NOT TO SCALE

TYPICAL LOOP DETECTOR SPACING

NOT TO SCALE
LEGEND

Page 132 of 276 ends

DETAIL A

NOT TO SCALE

TYPICAL LOOP DETECTOR SPACING

NOT TO SCALE
LEGEND

Page 133 of 276 ends

DETAIL A

NOT TO SCALE

TYPICAL LOOP DETECTOR SPACING

NOT TO SCALE
LEGEND

Page 134 of 276 ends

DETAIL A

NOT TO SCALE

TYPICAL LOOP DETECTOR SPACING

NOT TO SCALE
LEGEND

Page 135 of 276 ends

ACCESSIBLE PEDESTRIAN SIGNAL (APS) BUTTON DETAIL
1E
M
M
U Page 136 of 276

CHECKLISTFOR BIDDERS
The following informationis required of all Bidders at the time of Bid submission:

Completedand SignedBidder’s Proposal
Completedand Signed Bid Sheets
Completed and SignedQuestionnaire
CompletedReferences Form
Resume of General Construction Superintendent/On-SiteConstruction Manager
Completed SubcontractorList
Completed and Signed IndustrialSafety Record Form
Completed, Signed and NotarizedBidder’sBond or Other Security Form Completed, Signed Certi?cation of Non—Discriminationand Affirmative Action
SignedNon—collusionAffidavit Form
Completed Public ContractCode Statements
CompletedEqual Employment OpportunityCerti?cation by Bidders and Proposed Subcontractors
Completed Debarment and Suspension.Certif1cation
Completed and Signed Disclosureof Lobbying Activities,if applicable Completed and Signed AddendaAcknowledgementForm
Completed and Signed Iran Contracting Act Certification Evidencesatisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder ~
Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considerednon—responsive.

The following documentsmust be submitted by within five (5) days after bid opening if they are not submittedwith the bid:

City Project: XXXX
CompletedBidder's List of Subcontractors(FormsI and II) Completed and Signed Construction Contract — DBE Commitment CompletedDBE Information — Good Faith Efforts
Clty of Desert Hot Springs

Page 137 of 276 ends

BIDDER’S PROPOSAL
FOR THE HSIP 9-1 — PALM DRIVE PEDESTRIAN IMPROVEMENTS PROJECT (Federal Project No. HSIPL 5384(023) | City Project No. 3019) IN THE CITY OF DESERT

HOT SPRINGS,CALIFORNIA
Date MARCH13 20 23
To the City Council of the
City of Desert Hot Springs:

The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:

CROSSTOWN ELECTRICAL& DATA, INC.

DAVID P. HEERMANCE,PRESIDENT WENDYM. PARKER,VICE PRESIDENT

ANDREAHEERMANCE,SECRETARY BENJAMINHEERMANCE,CFO
(If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name under which the co-partnershipdoes business, and the names and addresses of all co—partners. If an individual, state the name under which the contract is to be drawn.) (b) That this bid proposal is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarizedhimself with all of the physical and climatic conditions,and makes this bid proposal solely upon his own knowledge.
((1) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communicationssent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal form was obtained.
(e) That he has carefully examined the speci?cations, both general and detail, and the drawings attached hereto, and communicationssent to him as aforesaid, and makes this bid proposalin accordance therewith.
(D That, if this bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs.

City Project: 3019 City of Desert Hot Springs

Page 138 of 276 ends

BIDDER’S PROPOSAL
(g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantitiesset forth are but estimates,and that the unit prices will apply to the actual quantitieswhatever they may be.

Accompanying this bid proposal a certi?ed or cashier’s check or bidder’s bond, payable to the order of the City of Desert Hot Springsin the sum of 10% ofThe Total Bid DOLLARS ($ 10% ) Said bidder’s
bond has been duly executed by the undersigned bidder and by a ?nancially sound surety company authorizedto transact businessin thisstate.

It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check,or bidder‘sbond,shall become the property of the City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder will be released from the bidder’s bond.
5454 DIAZST. (626) 813-6693
Address of Bidder elep one of Bidder
IRWINDALE 91706
City Zip Code
City Project: 3019 City of Desert Hot Springs

Page 139 of 276 ends

City of Desert Hot Springs
Bid Sheets for
HSIP 9-1 — Palm Drive Pedestrian Improvements Project
Federal Project No. 5384(023)|City Project No. 3019

IN THE CITY OF DESERT HOT SPRINGS

TO THE CITY COUNCILOF THE CITY OF DESERT HOT SPRINGS,CALIFORNIA The undersigned as bidder declaresthat he has carefully examinedthe location of the proposed work, that he has examined the Special Provisions and read the accompanying instructionsto bidders,and hereby proposes and agrees, if the bid proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with the said Standard Speci?cations, Special Provisions,Technical Speci?cations, and Project Plans in the time and manner therein prescribed for the unit price set forth in the following schedule:

ITEM . EST. UNIT EXTENDED
N0. L
DESCRIPTION UNITT QTY PRICES AMOUNT 1
1 Mobilization/Demobilization LS 1‘1 $10,000.00 $ 10,000.00 2 iTraffic Control LS
Furnishand installLED countdown
3 pedestriansignal headmodule from
existing SP-1—Tmounting (1 module EA 44 $ 52500 $ 23’10O'00 er mountin
Furnish and install accessible
4 pedestriansystem(APS)— EA 1 $12,701.00 $ 12,7o1_oo
1 $ 5,500.00 $ 5,500.00
Furnish and install accessible
pedestrian system (APS) — 8 PedestrianPushButton_S_Xstem 6 Furnish and install new loops EA 154 $ 575-00 $ 88,550.00 I 7 Install new bicycle loops and DLC’s EA 9 $ 1s450-00 lL13,050.00 E
1 ‘U4 PedestrianPush Button Sys_tem
5 EA 5 $18,400.00 $ 92,000.00
ii; T‘Install truncateddomesper
Caltrans StandardPlan No. A88A A 23 $ 1’475'00 33’925'0O 9 i:::‘:.;:,:X;::i:::;?Pi“gSF $2-75
10 IiI;S1ti2t111li?:” solidwhite thermoplastic SF 980 $ 7.25 7’105100 11 Install solidwhitethermoplastic SF 9 500 $ 3.50 33125000 continentalcrosswalk ’ 12 [Install pavement marking or arrow SF 300 $ 1200 3,600-00 City Project: 3019 City of Desert Hot Springs

Page 140 of 276 ends

EST. UNIT EXTENDED DESCRIPTION UNIT QTY PRICES
'
AMOUNT
As-BuiltPlans LS I
1 Its500.00 |$ 500.00
TOTALBID $ 355575-00

THREE HUNDREDFIFTY-FIVETHOUSAND,SIX
TOTAL BID HUNDREDSEVENTYSIX DOLLARSANDZERO CENTS $ 355,675-00 (words)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having receivednotice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his b proposal shall becoe the property of the City of Desert Hot Springs, and this bid prop 9' I he actanc: reof may be considered null and void.

Signature of bidder

DAVIDPH
(If an individual,so state. If a Irm or co-partnership,state the firm name and give the names of all individual co—partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof.) CROSSTOWN ELECTRICAL& DATA, INC.
5454 DIAZST.

IRWINDALE,CA 91706
Business Address
(626) 813-6693
TelephoneNumber
Dated; MARCH13 , 2023
OFFICERS:

DAVIDP. HEERMANCE,PRESIDENT
WENDYM. PARKER,VICE PRESIDENT

ANDREAHEERMANCE,SECRETARY

BENJAMINHEERMANCE,CFO
City Project: 3019 City of Desert HotSprings

Page 141 of 276 ends

QUESTIONNAIREFORM
Fill out all of the followinginformation. Attach additionalsheetsif necessary. (1) Biddeys Name; CROSSTOWN ELECTRICAL& DATA,INC.
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing businessunder a fictitious name, provide a copy of the filed valid FictitiousBusinessName Statement.

N/A
(3) Business Address: 5454 DIAZST., IRWINDALE,CA 91706
(4) Telephone: (626) 81345693 Facsimile: (525) 35949192 (5) Email; [email protected]
(6) Type of Firm — Individual,Partnership,LLC or Corporation: CORPORATION (7) Corporation organized under the laws of the State of: CALIFORNIA (8) California State Contractor’sLicenseNumber and Class: A C10 Original Date Issued: 11/13/1998 ExpirationDate: 11/30/2024 (9) DIR Contractor Registration Number: 1000000155
(10) List the name and title of the person(s) who inspected the Project site for your firm:

MIKECUELLAR,SENIOR ESTIMATOR/PROJECTMANAGER
(11) Number of years’ experience the company has as a contractor in constructionwork: 24 YEARS (12) List the names, titles, addresses and telephone numbers of all individuals,firm members, partners, joint venturers, and company or corporate officers having a principal interestin this Bid:

DAVIDP. HEERMANCE,PRESIDENT WENDYM. PARKER,VICE PRESIDENT ANDREAHEERMANCE,SECRETARY BEN,_]AM|N HEERMANCE,CFO
(13) List all current and prior D.B.A.’s, aliases,and fictitious businessnames for any principal having interest in this Bid: NONE B-6
City Project: 3019 City of Desert HotSprings

Page 142 of 276 ends

(14) List the
having an interest in this Bid:
dates of any voluntary or involuntarybankruptcyjudgments against any principal NONE
(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principalhaving an interestin this Bid has been involvedwith in the past five (5) years:
a.
(16) ' Has the
List the names, addresses and telephone numbers of contact persons for the parties:

1. DIDONATOLAWCENTER 28494 WESTINGHOUSEPL., VALENCIA,CA 91366 (661) 255-7500

2. THE RUTTENLAWFIRM4221 COLDWATERCYN.,STUDIO CITY,CA91604 (818) 308-6915

3. CARPETNER,ZUCKERMAN& ROWLEY8827 OLYMPICBLVD.,BEVERLYHILLS,CA 90211 (310) 22-1230

4. DEPARTMENTOF TRANSPORTATION100 S. MAINST., LOS ANGELES,CA 90012 (213) 687-6000 Brie?y summarize the parties’ claims and defenses:

1. CLAUDIASANZ v CITYOF LANCASTER

2. DISCRIMINATIONCLAIM

3. LAWSONCASE, MOTORCYCLEACCIDETNTONACONNECTORROAD, CLAIMINREGARDSTO CROSSTOWN BEINGASSOCIATEDWITHA CALTRANSPROJECT ON THATSECTOR OF THE HIGHWAY.

4. BREACHOF CONTRACTCASE INREGARDSTO THE LAWSONCASE MENTIONEDABOVE State the tribunal (e.g., Superior Court, American Arbitration Association,etc.), the matter number,and the outcome:

1. CASE MC027986, LANCASTERCOURTHOUSE,DISMISSED

2. CASE BC18STCVO6632,CITYOF LOS ANGELES,DISCOVERY

3. CASE BC650480 SANTAMONICACOURTHOUSE,REQUEST FOR DISMISSAL

4. CASE 19SMCV00687,SANTA MONICACOURTHOUSE,REQUEST FOR DISMISSAL company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain.

NO
City Project: 3019
B-7
City of Desert Hot Springs

Page 143 of 276 ends

(17) Has the company or any principalhaving an interestin this Bid ever failed to complete a project? If yes, explain.

NO
(18) Has the company or any principalhaving an interest in this Bid ever been terminated for cause, even if it was converted to a “terminationof convenience”? If yes, explain.

NO
(19) For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions:
a. By you against the owner? Circle one: Yes @
b. By the owner against you? Circle one: Yes ®
c. By any outside agency or individualfor labor compliance? Circle one: Yes ®
(1. By Subcontractors? Circle one: Yes @
e. Are any of these claims or actions unresolvedor outstanding? Circle one: Yes @
If your answer is “yes” to any part or parts of this question, explain.

N/A
(20) List the last three (3) projects you have workedon or are currentlyworking on for the City of Desert Hot Springs:

NONE
City Project: 3019 City of Desert HotSprings

Page 144 of 276 ends

Upon request of the City, the Bidder shall furnish evidence showing a notarized ?nancial statement, financial data, construction experience, or other additionalinformation.

Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemednon-responsive.

The Bidder declares under penalty of perjury under the laws of the State of Californiathat the informationprovided above is true and correct.

Company
Signature:

Title; DAVIDP. HEERMANCE,PRESIDENT
Date, MARCH 13, 2023
Title; BENJAMIN HEERMANCE,CFO
City Project: 3019 City of Desert HotSprings

Page 145 of 276 ends

REFERENCES FORM
The following are the names, addresses, and telephone numbers for three public agencies for whichBIDDER has performed similar work withinthe past two years.

1. City Project: 3019
CITYOF SAN DIMAS- 245 EAST BONITAAVENUE,SAN DIMAS,CA 91773 Name and Address of Owner
STEVE BARRAGAN,[email protected], 909-394-6247
Primary Contact Name, Email,and TelephoneNumber
CHRIS MASTERSON,[email protected], 909-394-6247 Second Contact Name,Email, and TelephoneNumber

FURNISHANDINSTALLCONDUIT,PULLBOXES,

FIBER,PERFORMSPLICING,TERMINATION,AND

TESTINGOF FIBER,INSTALLETHERNETSWITCHES
Type of Work
$942,938.00
Contract Amount
07/2021
Date Completed
SURETY
xxxxxx (Seal)
CITY OF LAHABRA,110 E. LAHABRABLVD.,LAHABRA,CA 90631
Name and Addressof Owner
MICHAELPLOTNIK,MPLOTN|[email protected], 562-383-4162
Primary Contact Name, Email, and TelephoneNumber
N/A
Second Contact Name, Email, and TelephoneNumber

FURNISHANDINSTALLCONDUIT,FIBER,

ANDCOMMUNICATIONEQUIPMENT
Type of Work
$1,528,364.00
Contract Amount
06/2021
Date Completed
CITYOF BEVERLYHILLS,345 EAST FOOTHILLROAD, BEVERLYHILLS,CA 90210 Name and Address of Owner
MANUDHALIWAL,MDHAL|WAL@BEVERLYH|LLS.ORG,310-285-2513
Primary Contact Name, Email,and TelephoneNumber
KEVINRILEY,KR|LEY@BEVERLYH|LLS.ORG, 310-285-2513
Second Contact Name, Email, and Telephone Number
FURNISHAND INSTALLVIDEODETECTION $1,409,504.00 ANDCOMMUNICATIONEQUIPMENT Contract Amount Type of Work

ORANGE COUNTYTRANSPORTATIONAUTHORITY
600 S. MAINST., ORANGE,CA 92863
Name and Address of Owner
09/2021
Date Completed
B-10
City of Desert HotSprings

Page 146 of 276 ends

AMYTRAN, [email protected], 714-560-5379
Primary Contact Name, Email, and TelephoneNumber
N/A
SecondContact Name, Email, and Tele hone Number

FURNI ANDINSTALL
CONDUIT,CABINETS,FIBER, $755,525-00 SWITCHES, CCTVCAMERAS 04/2021 ContractAmount Type of Work Date Completed
The following are the names, addresses,and telephone numbers for all brokers and sureties from whomBIDDER intendsto procure insurance bonds:

BROKER: FIDELITYANDDEPOSIT COMPANYOF MARYLAND
777 S. FIGUEROA ST., SUITE 3900 LOS ANGELES,CA 90017 PHONE: (213) 270-0600 SURETY: COMMERCIALSURETY BONDAGENCY
1444 N. BATAVIAST., SUITE 201 ORANGE,CA 92687 PHONE: (714) 516-1232 B-11
City Project: 3019 City of Desert Hot Springs

Page 147 of 276 ends

RESUME
Attachto thisBid the experience resume of the person who will be designated as General ConstructionSuperintendent or on-site ConstructionManager for the Project.

B-12
CityProject: 3019 City of Desert Hot Springs

Page 148 of 276 ends

_ RICARDOAVILA

SUPERINTENDENT
El90l”0a' ’Da‘la»'”Cv . 5454 DiazSt., lrwindale,CA 91706 626~813-6693 o 626—869~O192Fax - [email protected]

EDUCATION
ElectricalTraining Institute, State Certified Electrician,2013 LosAngeles Trade Technical College, ElectricalConstruction and Maintenance Certificate CERTlFlCATlONS
A - OSHA10/30Certified
0 Lead and AsbestosCertified
0 Trench Excavation Safety Trained

WORKHISTORY
Crosstown Electrical& Data, Inc. —- Superintendent 2009 — Current 0 Supervise multiple crews for construction and electricalinstallations from start to finish.

Procure material for projects as required.

Communicate with Owners and General Contractors to meet project goals and deadlines.

Manage project budgets and perform tracking of allTime & Material work.

Utilizean in-depth knowledge of various construction plans, products and supplies to maximize project effectiveness and profitability.

Strive for all projects to come in on time and within budget at completion. 0 Coordinate construction schedules with general contractors. o Utilizeexpertise in the installation of conduit, pull boxes, fiber optic cable, copper cable, wire, traffic signals, cabinets and various other skillsto perform field work and to train others.

RECENTREFERENCEPROJECTS:
0 OCTAAdams Ave RTSSPProject (Huntington Beach)
0 OCTANewport Ave/BlvdCorridor TSSP(Cityof Tustin & County of Orange) 0 OCTABristolStreet RTSSP(Newport, Costa Mesa &Santa Ana) 0 OCTAChapman Corridor TSSP(Garden Grove, City of Orange, & County of Orange) 0 Caltrans Contract O7A3661-C— ElectricalSystem Restoration to As-BuildCondition inVentura County.
0 Caltrans Contract 07A3662-B — ElectricalSystem Restoration to As-BuildCondition in Los Angeles County.
0 Caltrans 07—293804— Modify Communication System at Route 110/405separation to Imperial 0 Caltrans 07-308604 — Upgrade ramp metering systems

Page 149 of 276 ends

SUBCONTRACTORS LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total bid, and the portion of the work which will be done by each subcontractor.

CSLB
Name underwhich License Co?gitor TéggerlgfP:.C,;nIE[:
%e Subcontractoris Licensed Number(s) Registration Addressand PhoneNumber (6 g Bi: and Reglstered and C1ass(es) Number Electrical)(e' g' 1o%)*
PAVEMENTREHABCOMPANY CSLB _ 810 E. MANDEVILLAWAY,
#1051374
C12 C 8
CORONA,CA 92879 ROADWORK 776%
GLOBALROAD SEALING. |NC- CSLB C10 C32 10832 DOROTHY AVE., #757584 A GARDENGROVE, CA 92343 LOOPS 19'45°/°

SUPERIOR PAVEMENT
MARKWGS CSLB C32 C31 5312 CYPRESS ST.,
#776305 C-61/D38 CYPRESS, CA 90630
SiGNlNG/

STRIPING
* Thepercentage of the totalbid shallrepresent the “portionof thework’for thepurposes of PublicContract Code Section4104(b).

If the bidder fails to specify a subcontractorfor any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractorsfor the same work are prohibited by provisions of the California GovernmentCode.) MARCH13, 2023 CROSST/OWNQEQECTRICAL & A, INC.

Dated Bidder
Signature AVIDP. HEER ANCE,PRESIDENT
Signature BaNJAM|N HEERMANCE,CFO
B-13
City Project: 3019 City of Desert Hot Springs

Page 150 of 276 ends

CONTRACTOR’S INDUSTRIAL SAFETY RECORD ProjectIdenti?cation 3019 Bid Date 3/13/2023
This information must include all construction work undertaken in the State of Californiaby the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last four calendar years and the current calendar year prior to the date of bid submittal.Separate information shall be submittedfor each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into considerationin evaluating the safety record. An explanationmust be attached of the circumstancessurrounding any and all fatalities.

Current
Year of 2021 2020 2019 2018 2017 Total
Record
Number of Contracts 25 -185 226 220 I240 225 1,121
Total dollaramount of
contracts (inthousandsof 3 5M 60M 43.7M 27.8M 23_7M 25.9M 184.6M dollarsl '
Numberof fatalities 0 0 0 0 0 0 0 I
Numberof 10t orkd 1cases
S W ay 3 3 2 1 2 I 0 11
Number of lostworkday
cases involving
permanent transfer to 0
anotherjob or 0 0 0 0 0 0
terminationof
emJ3_lgyment
The above information was compiled from the records that are available to me at this time and I declareunder penalty of perjury that the information is true and accurate within the limitationsof these records.

DAVIDP. HEERMANCE,PRESIDENT
Name of Bidder (print) Sig/e
5454 DIAZST. 756309 A C10
Address State ContractorsLicenseNo. & Classi?cation
IRWINDALE 91706 (626) 813-6693
City Zip Code TelephoneNo.

B-14
City Project: 3019 City of Desert HotSprings

Page 151 of 276 ends

Bond N0. CSBA~23303
BIDDER’SBOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE, Crosstown Electrical & Data, Inc. as principal,and
Fidelity and Deposit Company of Maryland as surety, are held and ?rmly bo_und unto the City of DesertHot Springs, hereinafter “City” in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said CITY or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators,successors or assigns, jointly and severally, firmly by these presents.
‘
In no case shall the liability of the surety hereunder exceed the sum of 55Ten Percent (10%) of the Amount Bid A

THE CONDITION OF THISOBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bidlto the City of Desert Hot Springs for certain construction speci?cally described as follows, for which bids are to, be opened at Desert Hot Springs City Hall on*X))ek{Mi?§e(i)(X§IXXlEIX2< for HSIP 9-1 —- Palm Drive Pedestrian Improvements.
*MarCh13th, 2023 ’ NOW THEREFORE, if the-aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and files the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

B-15
City Project: 3019 . City of Desert HotSprings Page 152 of 276

BIDDER'S BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this . 9th of ,2023
NOTE:

City Project: 3019
March
(seal)
(seal)
(seal)
Crosstown Electrical & Data, Inc. (seal)

PRINCIPAL
Fidelity and Deposit Company of Maryland
' (seal)
Dwight Reilly, Attorney—in-Fact
777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017 (seal)

ADDRESS
Signatures of those executing for the surety must be properly acknowledged.

B-16
day
City of Desert Hot Springs Page 153 of 276

ACKNOWLEDGMENT
A notary public or other of?cer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange
On 03/09/2023 before me, Adrian Benkert—Langre?,_NotaryPublic (insert name and title of the officer)
personally appeared Dw_ightReiIIy_
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
my hand and official Seal. ‘ -
, ADRMNBENKER1'_LA~GRE|_|_
,,;- COMM.#2403748
‘
- Notary Public-California

ORANGECOUNTY
MyComm.ExpiresMay9,2026
to
II) I!
[L
Signature “W1L ' l<ert—Langre||

Page 154 of 276 ends

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validityof that document.

State of California
County of Los Angeles
March 13, 2023 Shalea Berry, Notary Public
(insert name and title of the officer)
On before me,
personally appeared David Heermance
who proved to me on the basis of satisfactory evidence to be the person(s<) whose name(s<) is/ao9< subscribed to the within instrument and acknowledged to me that he/K?éhh?y executed the same in his/liemfleix authorized capacity(ix9s), and that by his/Pfé?wféir signature(s<) on the instrument the person(§), or the entity upon behalf of which the persona!) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

FmmmSHALEABERRY
Notary Public - California
Los Angeles County _‘ Commission 3‘2281272
“' My Comm. Expires Mar 16, 2023
?‘H~4DsaY‘!*"~El'
WITNESS my hand and official seal.

Signature

Page 155 of 276 ends

State of California
County of Los Angeles )
March 13, 2023 Shalea Berry, Notary Public
(insert name and title of the officer)
On before me,
personally appeared Benjamin Heermance
who proved to me on the basis of satisfactory evidence to be the person(s<) whose name(ar) isla09< subscribed to the within instrument and acknowledged to me that he/Kl>(§}tl<v@yexecuted the same in his/l?emhedxauthorized capacity(i1eIs),and that by his/Hé?wiéir signature(s<) on the instrument the person(§). or the entity upon behalf of which the person(S) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(ta;-a4f‘:x..'.3§':z.< ' - " SHALEABERRY g Notary Public — Canlornia Los Angeles Chuflly
Commission I 2281272
My Comm, Expires Mai 16, 2023
'\;-I*—‘:_‘-'-V-_qL~vnus .3 .--...5
WITNESS my hand and official seal.

Signature

Page 156 of 276 ends

Bond N0. CSBA-23303

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOWALL MEN BY THESE PRESENTS: Thatthe ZURICHAMERICAN INSURANCECOMPANY,a corporationof the,State ofNew , York, the COLONIAL AMERICAN CASUALTYANDSURETY COMPANY, a corporationof the State of Illinois,and the FIDELITY V ANDDEPOSIT COMPANY OF MARYLAND a corporationof the State of Illinois(herein collectively calledthe "Companies"),by Robert D. Murray, Vice President, in pursuance of authority granted by ArticleV, Section8, of the By-Laws of said Companies,which are set fo.rthon the reverse side hereof a1id_are hereby certifiedto be in full force and effect on the date hereof, do hereby nominate,constitute, and appoint Daniel HUCKABAY, FrankMORONES,Dwight REILLY, ArturoAYALA, ShaunnaROZELLE OS'I'ROM,Benjamin WOLFE,Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, AdrianLANGRELLof Orange, California,itstrue and lawful agent and Attorney—in-Fact,to make, execute, seal and deliver,for, and on its behalf as surety, and as its act anddeed: any and all bonds and undertakings, and theexecutionof suchbondsor undertakings in pursuanceof these presents, shall be as bindingupon said Companies,as fully and amply,’to all intents and purposes, as it‘they had been duly executed and acknowledged by the regularly elected of?cers of the ZURICH AMERICAN INSURANCECOMPANY at its office in New York, New York., the regularly electedofficers of the COLONIAL AMERICAN CASUALTY AND SURETYCOMPANY at its office inOwings Mills,Maryland, and the regularly elected of?cers ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., intheir own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a truecopy of Article V, Section 8, of theBy-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-Presidenthas hereunto subscribedhis/her names and affixed the Corporate Seals of the said ZURICH AMERICANINSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 10th day 0‘fN'OV611’1‘i.:)€l‘,, A.D. 2022.’ p p t
-

COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY

FIDELITY AND DEPOSIT COIVIPANYOF MARYLAND
By: RobertD. Murray
VicePresident
Secretary
State ofMaryland
_ County of Baltimore
On this 10thday of November,, AD, 2022, before the subscriber,a Notary Publicof the State of Maryland, duly commissionedand quali?ed,Robert D. Murray, Vice President and Dawn E. Brown, Secretaiy of the Companies, to me personally known to be the individualsand officers describedin and who executed the preceding instrument,and acknowledgedthe executionof same, and beingby me duly sworn, deposeth and saith,that he/she is the said officer of the Companyaforesaid,and that the seals affixed to the preceding instrumentare the Corporate Seals of saidCompanies,and thatthe said Corporate Seals and the signatureas such officer were duly affixed and subscribedto the said instrumentby the authorityand directionofthe said Corporations.

IN TESTIMONYWHEREOF, I havehereunto set my hand and affixed my Official Seal the day and year first above written.

Constance A. Dunn",Notary Public
My’CommissionExpires:July 9, 2023
Authenticity of this bond can be con?rmed at bondvalidator.zurichna.comlor 410—559—8790

Page 157 of 276 ends

CERTIFICATION OF NON -DISCRIMINATION AND AFFIRIVIATIVEACTION As suppliersof goods or services to the City of Desert Hot Springs,the firm listed below certi?es that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directivesand executive orders regarding non-discriminationin employment; and that it will pursue an af?rrnative course of action as required by the affirmative action guidelines.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities,and to the minority communitiesat large.

3. To take affirmative steps to hire minority employees within the company.

FIRM CROSSTOWN ELECTRICAL& DATA, INC.

TITLE OF OFFICE s1GNylD P. EERMANCE, PRESIDENT

SIGNATURE
/_
_ ,¢,.»—\. DATE MARCH13, 2023
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:

NONE
B-17
City Project: 3019 City of Desert Hot Springs

Page 158 of 276 ends

NON-COLLUSION AFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposes and says:

That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

The furnishing of all labor and materials and equipmentfor the HSIP 9-1 — Palm Drive Pedestrian Improvements Project, consisting of , but not limited to, replacing existing pedestrian indications with countdown style pedestrian indications,replacing existing pedestrian push buttons with accessible pedestrian signals (APS), adding detectable warning surfaces on existing ADA ramps, detector loops, DLCs, and replacing existing marked crosswalks with continental style crosswalks and limit lines in accordancewith the Plans, Standard Drawings, Speci?cations, and other provisions of this Contract. Removed material shall be legally disposed of off-site at the Contractor’s expense. All project work and incidental items to complete the project shall be performed in accordancewith the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.
%<r
DAVID .HEERMANCE,PRESIDENT
Signature of Bidder
5454 DIAZST., IRWINDALE,CA 91706
Business Address

IRWINDALE
Place of Business
Subscribedand sworn (affirmed) to before me this day of , 20 Notary Public in and for the County of W SEE ATTACHEDW
, State of California
My commission expires , 20
B-18
City Project: 3019 City of Desert HotSprings

Page 159 of 276 ends

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
county of Los Angeles
Subscribed and sworn to (or affirmed) before me on this 13th day of March , 20 23 , by David Heermance
proved to me on the basis of satisfactory evidence to be the person()s’.)who appeared before me.
» .§-/;€,m '7 '

SHALEABERRY LE
Notary Public - Cauiorrua
Los Mgeies (minty
1 Commission: 2/F1272 ;
V My Comm‘ E;3i'r»x mar ib. .7013}
‘.....¢._.,..._..;.. -4 - .:- n-. ,—~-—v r>=—»i.,., .44-07* , I Signature

Page 160 of 276 ends

PUBLIC CONTRACT CODE
[Public Contract Code Section 10285.1 Statement]
In conformance with PublicContract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of Californiathat the bidder has __ , has not _ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion,conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101,with any public entity, as defined in PublicContractCode Section 1100,including the Regents of the University of California or the Trustees of the California State University.

The term "bidder" is understood to include any partner, member, officer, director,responsible managing officer, or responsiblemanaging employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. '
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disquali?ed, removed, or otherwiseprevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No X
If the answer is yes, explainthe circumstancesin the following space.

B-19
City Project: 3019 City of Desert HotSprings

Page 161 of 276 ends

[Public Contract Code 10232 Statement]
In conformance with Public Contract Code Section 10232,the Contractor, hereby states under penalty of perjury, that no more than one ?nal unappealable ?nding of contempt of court by a federal court has been issued against the Contractor within the immediatelypreceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractorto comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaireare part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

B-20
City Project: 3019 City of Desert HotSprings

Page 162 of 276 ends

CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT T0 THE EQUAL OPPORTUNITY

CLAUSE AND THE FILING OF REQUIREDREPORTS

CROSSTOWN ELECTRICAL
The bidder &DATA» 'NC- , proposed subcontractor , hereby certi?es that he has X_, has not , participated in a previous contract or subcontractsubject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has L, has not , ?led with the Joint Reporting Committee, the Director of the office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable ?ling requirements.

CROSSTOWN E EGT‘ CAL& DATA, INC
(COMPANY)
BY:

DAVIDP. HEER ANCE, PRESIDENT
(TITLE)
DATE: MARCH 13 ,20 23.

NOTE:T he above certification is required by the Equal Employment OpportunityRegulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontractswhich are subject to the Equal Opportunity Clause, Contracts and subcontractswhich are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontractsof $10,000 or under are exempt).

Currently, Standard Form 100 (EEO-l) is the only report required by the Executive Orders or their implementingregulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontractsubject to the Executive Orders and have not ?led the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such otherperiod speci?ed by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

B-21
City Project: 3019 City of Desert Hot Springs

Page 163 of 276 ends

NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospectiveparticipant certi?es, by signing and submittingthis bid or proposal, to the best of his or her knowledge and belief,that:
(1)
(2)
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in?uencing or attempting to in?uence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperativeagreement, and the extension,continuation,renewal, amendment,or modification of any Federalcontract, grant, loan, or cooperativeagreement.

If any funds other than Federal appropriatedfunds have been paid or will be paid to any person for influencing or attempting to in?uence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL,"Disclosureof LobbyingActivities,"in conformance withits instructions.

This certification is a material representation of fact upon whichreliance was placed whenthis transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposedby Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospectiveparticipantalso agrees by submittinghis or her bid or proposal that he or she shall require that the language of this certi?cation be included in all lower tier subcontracts,which exceed $100,000 andthat all such subrecipients shall certify and discloseaccordingly.

City Project: 3019
B-23
City of Desert Hot Springs

Page 164 of 276 ends

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSELOBBYING ACTIVITIESPURSUANTTO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

X a. contract E a. bid/offer/application E a. initial
b. grant b. initial award b. material change
. cooperative agreement c. post-award _ d. loan For Material Change Only: e. u n guarantee year quarter f. loa insurance date of last report

4. Name a d Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subayyardee, Enter Name and Address of Prime:

DPrime ' USubawardee
Tier , if known
Congressional Distri t, if known Congressional District, if known

6. Federal Department/A ncy: . 7. Federal Program Name/Description:

CFDA Number, if applicable

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual,last name,first name, MI) addressif differentfrom No. 10a) (last name,first name, MI)
(attach Continuation eet(s) if necessary)

11. Amount of Payment (check all that apply) . Type of Payment (check all that apply) $ D actual Elplanned I a. retainer
N b. one-time fee

12. Form of Payment (check all that apply): I c. commission Ha. cash I c contingent fee
b. in-kind; specify: nature I e ferred
value I f. ot r, specify

14. Brief Description of Services Performed or to be performed and Date(s) 1‘Service, including off1cer(s), employee(s), or member(s) contacted, for Payment Indicated in em 11:
(attach ContinuationSheet(s)if necessary)

15. Continuation Sheet(s) attached: Yes D No D . _ 16. Informationrequested through thisform is authorizedby . '
'
I Title 31 U.S.C.Section 1352. This disclosureof lobbying Signature; . ' .. ~
I .3; A
reliancewas placedby the tier abovewhenhis transaction ”' I '
” " '\“" was madeor enteredinto. This disclosureisrequired PrintName: D Q H \ E pursuant to 31 U.S.C. 1352. Thisinformationwillbe
reported to Congress semiannuallyandwillbe availablefor _ publicinspection.Any person who failsto ?le the required Tale: P DE disclosureshallbe subject to a civil penaltyof not lessthan $10,000 and not more than$100,000for each such failure. TelephoneNo.: (626) 813'6693 Date: MA' CH 13,2023 Authorizedfor Local Reproduction
Federal Use Only; StandardForm - LLL
StandardForm LLL Rev. 09-12-97
B-24
City Project: 3019 City of Desert Hot Springs

Page 165 of 276 ends

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING

ACTIVITIES
This disclosure form shall be completedby the reporting entity, whethersubawardeeor prime Federal recipient, at the initiation or receiptof coveredFederal action or a material change to previous ?ling pursuant to title 31 U.S.C. section 1352. The ?ling of a form is requiredfor such payment or agreement to make payment to lobbyingentity for in?uencing or attempting to in?uence an of?cer or employee of any agency, a Member of Congress an of?cer or employeeof Congress or an employeeof a Member of Congress in connection with a coveredFederal action. Attach a continuation sheetfor additionalinformationif the space on the form is inadequate. Complete all items that apply for both the initial ?ling and material change report. Refer to the implementingguidancepublishedby the Of?ce of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a coveredFederal action.

2. Identify the status of the coveredFederal action.

3. Identify the appropriate classi?cation of this report. If this is a follow—upreport caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submittedreport by thisreporting entity for this covered Federal action.

4. Enter the full name, address,city, state and zip code of the reporting entity. Include Congressional Districtif known.

Check the appropriate classi?cationof the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g., the ?rst subawardeeof the prime is the ?rst tier. Subawardsinclude but are not limitedto subcontracts,subgrants and contract awardsunder grants.

5. If the organization ?ling the report in Item 4 checks "Subawardee"then enter the full name, address,city, state and zip code of the primeFederal recipient. IncludeCongressionalDistrict,if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agencyname, if known. For example, Department of Transportation,United States Coast Guard.

7. Enter the Federalprogram name or descriptionfor the coveredFederal action (item 1). If known, enter the full Catalog of FederalDomesticAssistance(CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identi?cation in item 1 (e.g., Request for Proposal(RFP) number,Invitation for Bid (IFB) number, grant announcement number,the contract grant. or loan award number, the application/proposalcontrol number assigned by the Federal agency). Include pre?xes, e.g., "RFP-DE—90-001."

9. For a coveredFederal action where there has been an award or loan commitmentby the Federal agency, enter the Federal amount of the award/loancommitmentsfor the prime entity identi?ed in item 4 or 5.

10. (a) Enter the full name, address,city, state and zip code of the lobbyingentity engaged by the reporting entity identi?ed in item 4 to in?uenced the covered Federal action.
(b) Enter the full names of the individual(s)performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial(M1).

11. Enter the amount of compensationpaid or reasonablyexpected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicatewhetherthe payment has been made (actual) or will be made (planned). Check all boxes that apply. If thisis a material changereport, enter the cumulativeamount of payment made or planned to be made.

12. Check the appropriatebox. Checkall boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kindpayment.

13. Checkthe appropriatebox. Check all boxesthat apply. If other,specifynature.

14. Provide a speci?c and detailed descriptionof the servicesthat the lobbyisthas performed or will be expectedto perform and the date(s) of any servicesrendered. Include all preparatory and related activity not just time spent in actual contact with Federal of?cials. Identify the Federal of?cer(s) or employee(s) contacted or the of?cer(s) employee(s) or Member(s)of Congressthat were contacted.

15. Checkwhether or not a continuationsheet(s)is attached.

16. The certifyingof?cial shallsign and date the form,print his/hername title and telephonenumber.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction,searching existingdata sources, gathering and maintainingthe data needed,and completingand reviewing the collectionof information. Sendcomments regarding the burden estimate or any other aspect of this collectionof information, including suggestions for reducing this burden, to the Of?ce of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503 SF-LLL-Instructions Rev. 06-04-90«ENDIF» B-25
City Project: 3019 City of Desert Hot Springs

Page 166 of 276 ends

ADDENDAACKNOWLEDGMENT FORM
Bjddel-’s Name; CROSSTOWN ELECTRICAL& DATA,INC.

The Bidder shallsignify receipt of all Addendahere, if any:

Addendum Number Date Received
ONE MARCH8, 2023
If there are more Addendathan there is room in the chart above, attach another page acknowledging receipt of the Addenda.

B-26
City Project: 3019 City of Desert Hot Springs

Page 167 of 276 ends

IRAN CONTRACTING ACT CERTIFICATION
[Public Contract Code Section 2200 et seq.]
As required by CaliforniaPublic Contract Code Section 2204, the Contractor certi?es subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

E] The Contractor is not:
(1) identifiedon the current list of person and entitiesengaged in investmentactivitiesin Iran prepared by the California Department of General Services in accordance with subdivision(b) of Public ContractCode Section 2203; or
(2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordancewith subdivision(b) of Public Contract Code Section 2203, if that person or entity uses or will use the creditto provide goods or services in the energy sector in Iran.

CIThe City has exemptedthe Contractor from the requirementsof the Iran Contracting Act of 2010 after making a public ?nding that, absent the exemption, the City will be unable to obtain the goods and/orservices to be provided pursuant to the Contract.

XIThe amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Name Omidder: CROSSTOWN ELECTRICAL& DATA, INC.

Printed Name. DAVIDP. HEERMANCE
Title, PRESIDENT
Date. MARCH13, 2023
Note: In accordance with Public Contract Code Section 2205, false certi?cation of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, terminationof the Contract and/orineligibilityto bid on contracts for three years
B-27
City Project: 3019 City of Desert HotSprings

Page 168 of 276 ends

ADDENDUMNo. 1
HSIP 9-1 -— PALM DRIVEPEDESTRIAN IMPROVEMENTPROJECT
FEDERAL PROJECT NO. HSIPL 538410231
CITY PROJECT # 3019
The following is for clarification or changes to the HSIP 9-3 — Palm Drive Median project for the City of Desert Hot Springs.

1. The following corrections should be noted regarding project name and/or number:
a. On page N|B—1,the Federal Project No. at the top of the page should be “HSlPL 5384(023)".
b. Paragraph 1, Federal Project No. should be “HSIPL5384(023)”. c. On Page B-3, 15—H— DBE Information — Good Faith Efforts, Federa|—aid Project No. should be “HSlPL 5384(023)”.
d. Exhibit “D”, page C-24 should read “City of Desert Hot Springs Contract for 9-1 Palm Drive Pedestrian Improvement Project Federal Project No.: HSIPL 5384(023) | City Project No.: 3019".

2. Davis Bacon Wage Act: In compliance with the 10-day rule, wage decision CA20230025, dated 01/20/2023 referenced in Exhibit “D”of the Public Works Construction Agreement is replaced with the attached wage decision, dated 02/10/2023.

Thank you,
Jilleen Ferris, P.E.

City Engineer
Receipt of this addendum shall be submitted with your bid by signing below. YOUR BID WILL BE DISQUALIFIED IF THIS ADDENDUM NO. 1 IS NOT SIGNED AND SUBMITTED WITH YOUR BID E POSAL.
' ature DA
' MANCE,PRESlDENT
- CROSSTOWN ELECTRICAL& DATA, INC.

Page 169 of 276 ends

UNANIMOUSWRITTENCONSENT
IN LIEU OF 2022 ANNUALMEETING OF

THE SOLE DIRECTOROF
CROSSTOWN ELECTRICAL & DATA, INC., a Californiacorporation The undersigned, constituting the sole director of CROSSTOWN ELECTRICAL & DATA, INC., a California corporation (the "Co1poration"),acting in accordancewith Section 307(b) of the CaliforniaCorporationsCode, does hereby adopt, approve, confirm, and ratify the resolutionshereinafterset forth, and‘declares thatsaidresolutionsare andshallbe consideredvalid and legal and of the same force and effect as though adoptedat a duly noticed and properlyheld meeting ofthe directors of the Corporation:

ELECTIONOF OFFICERS
WHEREAS, pursuant to Article IV, Section2 of the Bylaws of this Corporation,it is the duty of the Board of Directors to periodically elect officers of the Corporation;
NOW, THEREFORE,BE IT RESOLVED that the following named persons are electedto the offices set forth oppositetheir names below, to serve until the next annual meeting of this Board of Directors or until their earlier resignation or removalas officers of this Corporation:

Name Of?ce
DavidP. Heerrnance PresidentandChief ExecutiveOfficer
BenjaminHeermance Chief FinancialOfficer
AndreaHeerrnance Secretary
Wendy M. Parker Vice President

RATIFICATION OF PAST ACTS
WHEREAS, it is deemed to be in the best interests of this Corporation and its shareholderto ratify all of the past acts, actions and activities of the officers, directorsand agents of this Corporationtaken in the precedingyear. 10 Crosstown 2022 Board Minutes.docx

Page 170 of 276 ends

Desert Hot Springs City CouncilApril 18, 2023

Desert Hot Springs City Council
April 18, 2023