Agenda — Indio City Council, June 19, 2024 (part 2 of 14)

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Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

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(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set

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forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

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(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

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SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Consultant: NRO Engineering
Attn: Noel Owsley, Owner
2168 School Avenue
Walla Walla, WA 99362
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

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SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL ENGINEERING PLAN CHECK SERVICES

BETWEEN THE CITY OF INDIO AND NRO ENGINEERING
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven P. Graham
City Attorney

CONSULTANT
By:

Noel Owsley
Its: Owner

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION

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ENGINEERING
NOEL OWSLEY, P.E., L.S.

PROPOSED SCHEDULE OF COMPENSATION

ON-CALL PROFESSIONAL ENGINEERING

PLAN CHECK SERVICES
Plan Check Compensation
Plan check payment shall be made in full at a "fixed fee" rate of:
$900 per sheet for tract and/or parcel maps.
$900 per sheet for all other plan check types.

Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports, engineer's cost estimates, conditions of approval, tentative tract and parcel maps.

Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City.

Consultant receives no additional compensation for travel to and from City Hall.

This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2(c) of the Agreement. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Public Works Director/City Engineer for approval as specified in Section 17 - Changes in the Scope of Services of the Agreement.

With the approval of the City Engineer we propose a slightly modified billing schedule for the first three plan checks. Our fee schedule would be:

First Plan Check
Second Plan Check
Third Plan Check
50% of the Total Plan Check Fee
25% of the Total Plan Check Fee
25% of the Total Plan Check Fee
We have found this billing schedule to be much easier for out internal billing system. 2168 SCHOOL AVE., WALLA WALLA, WA 99362 PH. (760) 346-3250 -------fi-'9q5'BOirRDW.iU.KW'SDITE'l'ITPX.CM""DESERT;-CA"92'2ttW1'H'76"0:';5zf5:';52"tl'W"l'X'71S0:':5�:t1'4 _________

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Agreements for Professional Services to perform As-Needed Professional E... Page 142 of 1755 The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2(a) of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check.

The Consultant shall separately invoice per plan and per plan check. No exceptions will be allowed to the payment schedule.

Consulting Compensation
Consultant also may be requested to provide general civil consulting services for specific development related engineering projects for the City as applicable.

Payment shall be made in full at an hourly rate of:
$150.00 per hour - no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule.

As part of our current services to the City we are often requested to prepare legals and plats for various projects the City is involved in. As a registered Land Surveyor we are able to prepare these legals and plats. All surveying services provided outside the normal mapping plan check effort will be provided to the City at an agreed upon fee.

Prevailing Wage
Notice is hereby given that in accord with California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), Consultant is required to pay not less that the general prevailing rate of per diem wages for work of a similar character in the locality in which Consultant's Services pursuant to this Agreement are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of the State prevailing wage rates and the latest revisions thereto are available on the Internet at www.dir.ca.gov.

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Addendum 1 - Insurance
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ADDENDUM “1”

INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

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Addendum 1 - Insurance
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be

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Addendum 1 - Insurance
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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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Addendum 2 – Federal Funds
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ADDENDUM “2"

FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.

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Agreement for Professional Services
with NV5, Inc.

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PROFESSIONAL SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL ENGINEERING PLAN CHECK SERVICES BETWEEN THE CITY OF INDIO AND NV5, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of June 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and NV5, Inc., a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by issuance of request for qualifications, the performance of as-needed professional engineering plan check services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

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(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $150,000/fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.

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(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or

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records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general

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and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

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(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

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(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

SECTION 22. EXCUSABLE DELAYS.

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SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Consultant: NV5, Inc.

Attn: Jeffrey M. Cooper, Chief Operating Officer
42-829 Cook Street, Suite 104
Palm Desert, CA 92211
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

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SECTION 28. AMENDMENT.

SECTION 29. WAIVER.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

SECTION 33. SEVERABILITY.

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SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

SECTION 35. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL ENGINEERING PLAN CHECK SERVICES BETWEEN THE CITY OF INDIO AND NV5, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven P. Graham
City Attorney

CONSULTANT
By:

Jeffrey M. Cooper
Its: Chief Operating Officer

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

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WORK PROPOSAL
Submitted by NV5, Inc.
42-829 Cook Street, Suite 104, Palm Desert, CA 92211
City of Indio
On-Call Professional Engineering Plan Check Services
May 14, 2024

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TABLE OF CONTENTS

1. Cover Letter 01

2. Statement of Qualifications 02
A. Project Personnel 02
B&C. Project Manager Qualifications 03
D. Conflict of Interest Statement 03
E. Subconsultants 03

3. Scope of Work 07

APPENDIX
Key Personnel Resumes A-1
Table of Contents
SUCCESS...

For the past 75 years,
NV5 has provided
professional expertise to
public and private sector
agencies.

NV5 communicates with
our clients, and more
importantly, we listen.

As a result, our clients
trust us to provide the
integrated consulting and
management solutions
that enable their success
— regardless of project
size or complexity.

EXPERIENCE...

NV5’s team of
professionals offer
the essential On-call
Professional Engineering
Plan Check Services
services to continue
supporting
the City.

We have the proven
expertise and the drive
to bring value to your
projects and help you
achieve your goals
and objectives.

COMMITMENT...

NV5 is confident our
expertise in providing
On-call Professional
Engineering Plan Check
Services — combined with
our extensive knowledge
gained from working with
the City — makes us your
ideal partner.

With a strong local
presence, NV5 has a
personal commitment
to continuing our
exceptional partnership
with the City.

City Indio | On-Call Professional Engineering Plan Check Services NV5

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City of Indio
100 Civic Center Mall
Indio, CA 92201
SUBJECT: On-Call Professional Engineering Plan Check Services Dear Members of the Selection Committee,
The City of Indio (City) is seeking a qualified consultant to perform as-needed professional engineering and survey services for plan review and plan check to augment its in-house resources. These services are needed to deliver necessary projects related to land development and the Capital Improvement Program. NV5 has the technical knowledge and experience to deliver these services in the most cost-efficient and cost-effective manner. Our strengths include the following:

Local Knowledge and Experience: We recognize that having local experience is critical to understanding and successfully delivering projects. We are dedicated to providing the City with the qualified and experienced staff necessary to successfully complete your projects safely, efficiently, and cost-effectively. We will bring our well-known “personal service” to the City — a proven willingness to exceed project needs and expectations, flexibility to rapidly deploy expert staff, and effective response to changing project demands. We operate with a sound understanding of your organizational structure, administrative processes, and the community you serve, and we are pleased to be considered to continue to provide services to the City. Specifically, NV5 is currently providing On-Call Surveying Services and has recently provided engineering design and surveying services for the City’s Parking Lot Designs project.

Relevant Experience: We have a proven track record of successfully providing Engineering Plan Check Services to municipalities throughout California and the Coachella Valley. With our team, you get direct access to the same skill set, the same process, the same tools, and the same dedication to excellence that have delivered multiple award-winning and technically challenging projects. The NV5 Team also has experience using the City’s preferred electronic systems, Energov and BlueBeam. A sampling of our recent clients and project experience starts on page 4.

Proposed Approach: NV5’s approach has been developed over decades of experience providing on-call and as-needed plan check services successfully to municipalities throughout the region. Our approach starts on page 7.

Proposed Team: NV5 offers the City a team of dedicated professionals with proven capability and expertise. We are proposing Tamara O’Neal, PE, as Project Manager. Ms. O’Neal has 28 years of professional experience and will provide hands-on, proactive management of NV5’s services for this contract. Ms. O’Neal will be joined by two professionals who will develop strong working relationships with staff at the City that will allow us to seamlessly interface with you and your stakeholders, maximizing efficiency and quality. Jay Fahrion, PLS, will provide survey plan check review. Mr. Fahrion has more than 43 years of surveying and mapping experience with 32 years in the Coachella Valley. Padma Asam, PE, QSD/ QSP, LEED AP, ENV SP, will provide civil plan check. Ms. Asam has 17 years of experience reviewing grading plans, street and storm drain improvement plans, utility plans, tract maps, structural plans and details and stormwater-related documents. Resumes of our proposed staff can be found starting on page A-1.

Addendum Acknowledgment: We have received Addendum No. 1 dated May 2, 2024.

Proposal Authorization and Validity: This proposal has been signed by Jeffrey M. Cooper, PE, a company officer authorized to bind the firm. This proposal will remain valid for a period of at least 90 days from the date of this submittal.

Indio Standard Agreement: NV5 has reviewed the Indio Standard Agreement and does not have any exceptions.

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 858.385.0500, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.

Sincerely,
NV5

1. Cover Letter

COMPANY INFORMATION/CONTACT
Name: NV5, Inc.

Address: 42-829 Cook Street, Suite 104,
Palm Desert, CA 92211
Telephone Number: 858.385.0500
Email of Contact: [email protected] Jeffrey M. Cooper, PE EVP, Chief Operating Officer
Tamara O’Neal, PE
Project Manager

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Agreements for Professional Services to perform As-Needed Professional E... Page 166 of 1755 A. Project Personnel
Over the years, NV5 has achieved a reputation for a
high level of quality, integrity and responsiveness to our clients. Because of this, we attract individuals who are excited by their work. Our employees bring a vast amount of experience, commitment and enthusiasm to each new
project. Further, each of our employees has a personal
commitment to quality — just one reason why 90% of our
work comes from repeat clients.

NV5 has assembled a team of highly qualified
professionals to meet your as-needed Plan Check Services needs. Team members have been selected based upon
their experience with the scope of services and their
availability. The staff proposed for this contract represent just a sampling of the deep resources that we have
available in-house.

By selecting NV5, the City will gain experienced,
knowledgeable, as-needed specialists that you can trust.

We will place top priority on providing exceptional services, using qualified professionals who have a thorough
understanding of all guidelines and standards. This will assure continued quality and responsive service while
maintaining our effective working relationship with City staff and stakeholder agencies.

The organization chart, pictured below, illustrates our project team members’ roles and responsibilities. Brief qualifications demonstrating individual qualifications of the key personnel identified for this project are provided on the following pages.

2. STATEMENT OF QUALIFICATIONS

ORGANIZATIONAL CHART
Principal-in-Charge
Jeffrey M. Cooper, PE Project Manager
Tamara O’Neal, PE
Civil Plan Check
Padma Asam, PE, QSD/QSP,

LEED AP, ENV SP
Survey Plan Check
Jay Fahrion, PLS

OFFICE LOCATIONS
NV5 will provide your
requested services with
our in-house staff in Palm
Desert. Our experience, local
presence, and commitment
to the City allows our team to
be even more responsive to
your needs.

NV5 currently has 18
offices throughout California
that can be called upon if
needed.

FAMILIARITY WITH STANDARDS,

PROCEDURES AND REGULATIONS
NV5’s longevity in the Inland Empire provides the City with a consultant who has worked with local agencies such
as the counties of Riverside and San Bernadino and the
cities of Rancho Mirage, Desert Hot Springs, Palm Desert, Beaumont, Menifee, Coachella and La Quinta. NV5 is
familiar with the County of Riverside, Coachella Valley Water District, Bureau of Land Management, Caltrans, and a multitude of other surveying and engineering agencies that may have information necessary for your projects.

POINT OF CONTACT
The team we have assembled will be led by Tamara
O’Neal, PE, who will be the project manager and main
point of contact. Ms. O’Neal has extensive experience in the Coachella Valley providing professional plan check
services. She will oversee the daily needs of your project, correspond with City personnel and stakeholders, attend meetings, and manage the staff, schedule, and budget.

STAFFING AND AVAILABILITY
All work performed for the City of Indio will be done
out of the Palm Desert office. NV5 typically manages
numerous projects with multiple priorities. We assess the workload weekly to determine the appropriate allocation of resources. With a combined staff of more than 500
engineers, surveyors and support personnel in our
Southern California offices, we have the resources to
provide high-quality services throughout the area with an emphasis on local relationships.

City Indio | On-Call Professional Engineering Plan Check Services NV5 | 2

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KEY PERSONNEL QUALIFICATIONS AND EXPERIENCE
Padma Asam, PE, QSD/QSP, LEED AP, ENV SP - Civil Plan Check Ms. Asam has 17 years of design experience in public works projects, including design of roadway widening and alignments, retaining walls, pedestrian ramps, engineering reports and utility undergrounding. She is adept in the design standards of various local public agencies in Southern California. Ms. Asam has extensive experience reviewing grading plans, street and storm drain improvement plans, utility plans, tract maps, structural plans and details and stormwater-related documents. Availability: 35%
Jay Fahrion, PLS - Survey Plan Check
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. Mr. Fahrion has served as Survey Manager for an On-Call Surveying Services contract for the City of Indio.

Projects have included a topographic survey of the Indio Safety Campus and boundary survey and preparation of a Parcel Map at Dr. Carreon Boulevard. Availability: 30% Examples of relevant experience that these staff have or are currently working on are included on the following pages.

Detailed resumes are included in the Appendix.

D. Conflict of Interest Statement
NV5 has consulting agreements for On-Call Geotechnical Services for the Coachella Valley Water District, On-Call Engineering Services (Pre-qualified List) for the City of Coachella, On-Call Surveying Services for the City of La Quinta, and On-Call Construction Management and Inspection Services for the City of Palm Springs. NV5 has reviewed any current requirements associated with any current work or anticipated work NV5 may engage in with the City of Indio, and we do not anticipate that current or potential future work would create a conflict with the work to be performed under this proposal.

E. Subconsultants
NV5 will be performing the plan check services with the in-house staff named in Section C above.

As-Needed Contract Experience
NV5 is a leader in providing as-needed engineering and survey services to private and public agencies, having performed as-needed services for more than 50 agencies throughout California for the past 30 years. We understand that capacity, clear communication, strong project management skills and technical excellence are the keys to efficient and B&C. Project Manager Qualifications
Ms. O’Neal brings more than 28 years of experience in municipal and private engineering services, including capital improvement and development review project management, stormwater quality regulatory, reporting and review services, asset management, floodplain development services and environmental restoration services. She has managed teams providing on-call engineering services throughout Riverside County, including contracts with the Cities of Desert Hot Springs, Palm Desert, Beaumont, Lake Elsinore, and Menifee, as well as the County of Riverside Transportation Department.

TAMARA O’NEAL, PE — PROJECT MANAGER

2. STATEMENT OF QUALIFICATIONS
Availability:
25%
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Agreements for Professional Services to perform As-Needed Professional E... Page 168 of 1755 On-Call Inspection, Plan/Map Check & Stormwater Management Services CITY OF BEAUMONT | BEAUMONT, CA (2016-PRESENT)
NV5 has provided review of private and public works development projects, as well as public works inspection services to the City. We reviewed all Tract Maps, Parcel Maps, Lot Line Adjustments, and Certificate of Corrections prepared in the City. We sign and seal all documents and maps that are required in the duties of the City Surveyor. Our team also reviews a variety of development applications — from several thousand lots, multi-phase planned residential developments to proposed floodplain development and structural review of bridges. We review all plans and associated technical reports for clarity, format, completeness, and conformance to the City’s grading and roadway criteria, industry-standard design procedures, permit requirements, and conditions of development. Reviews include improvement, grading, and erosion control plans, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations, and cost estimates. NV5 has also been providing stormwater management support for construction, MS4, and Industrial permits as staff extension to the City. We assisted the City with a recent RWQCB audit and have represented the City at the Riverside County Technical Advisory Committee (TAC) meetings, which discuss overall stormwater compliance topics within the region. Moreover, NV5 has also been instrumental in helping the City create templates and tracking logs to assist in enforcement efforts and regularly visits to active construction sites to observe contractor compliance.
[NV5]’s professionalism, responsiveness and commitment to exceptional customer service has greatly assisted the City in processing heavy current development demands as well as working through a backlog of over 30 projects that predated NV5’s involvement with the City. — Amer Jakher, City of Beaumont

CLIENT TESTIMONIAL
On-Call Plan Check Services
CITY OF MENIFEE | MENIFEE, CA (2023-PRESENT)
NV5 has recently been reselected to provide plan check services by the City of Menifee to support development review and provide design of capital projects. NV5 is retained to work with city staff to provide conditions of approval and review development projects for conformance to city codes and other development standards. Areas of work include providing pre-application and entitlement package reviews, assigning engineering conditions of approval for multiple Tentative Maps and Conditional Use Permits, as well as civil plan check services for development permitting applications. Review services include grading, drainage, water quality, erosion control and public improvement plans.

2. STATEMENT OF QUALIFICATIONS
On-Call Surveying & Civil Engineering Plan Review Services CITY OF PALM DESERT | PALM DESERT, CA (2022-2023)
NV5 provided as-needed survey and engineering plan review services for the City of Palm Desert. Services included:
reviewing location of property lines, boundaries, easements, and right-of-way; collaborating and conferring with developers, engineers, and contractors related to the development of City projects; and reviewing and providing comments for various engineering plans such as street improvement plans, storm drain plans, grading plans, Water Quality Management Plans (WQMP), and hydrology reports.
effective as-needed contracts and we will bring all of these skills to meet your needs. We understand that flexibility and responsiveness are critical in order to ramp up or down based upon conditions (project size, economic, emergency, funding, organizational, etc.). Our firm is structured to provide staff on very short turnaround times to respond to rapidly changing priorities and to meet the needs of our clients. NV5 has demonstrated through our as-needed contracts that we are quick to respond with the correct team to solve any issue.

A sampling of our experience providing On-Call Professional Engineering Plan Check Services is provided below and on the following pages.

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PAGE HEADER
On-Call Civil & Water Quality Management Plan Check Services COUNTY OF SAN BERNARDINO | SAN BERNARDINO, CA (2020-PRESENT) NV5 is providing engineering development review services for a variety of projects ranging from single-family development to large, multi-phase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviews Hydraulic and Hydrologic Analyses, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.

I would first like to communicate how appreciative we are of the NV5 firm. We value your hard work and the [sic] we are so pleased with the level of professionalism you treat our staff and applicants. — Arlene Huerta, Project Manager, Land Use Technician
County of San Bernardino

CLIENT TESTIMONIAL

2. STATEMENT OF QUALIFICATIONS
1,050+
Reviews
Completed
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CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA (2020-PRESENT) NV5 is currently providing the City with on-call plan check services for the review of public and private development projects. Services include the review of grading and improvement plans, hydrology and hydraulic reports, geotechnical reports, water quality treatment and erosion control, title documents and review against project conditions of approval for residential, commercial and industrial development applications.

NV5 goes above and beyond to help their clients. Whether it be questions about a plan check, or questions in general about a policy or procedure, NV5 has always been available to help the City. They meet all their deadlines and do a very thorough job throughout the plan check process. They make themselves available when meetings are necessary and do a great job of communicating issues or concerns. NV5 has become a part of our team, and we know that we are in good hands. — Jilleen Ferris, former City Engineer of Desert Hot Springs (current Director of Public Works, City of Hemet)

CLIENT TESTIMONIAL

2. STATEMENT OF QUALIFICATIONS
On-Call Public Offsite Improvement Plan Check Services
CITY OF FONTANA | FONTANA, CA (2022-2023)
NV5 provided plan check services to the City for the following: streets, streetlights, sewer, storm drain, hydrology and hydraulics reports, soils reports, and specifications in compliance with City Design Standards, Municipal Code, Development Code, and State Regulations.

Citywide Plan Check Review Services
CITY OF VENTURA | VENTURA, CA (2022-PRESENT)
NV5 is contracted by the City of Ventura to provide on-call plan check review services, including Regional Stormwater requirement review (MS-4, SWPPP); Civil review (rough grading, fine grading); Public Improvement Plan review (water, wastewater, storm drain, public right-of-way improvements); and Zoning review (zoning code compliance). Expedited plan review is also provided regularly as part of this contract.

Plans are transmitted and reviewed utilizing the City’s electronic system, Energov supported by Tyler Technologies, which NV5 helped the City navigate as they transitioned to this new platform.

In addition to providing as-needed plan review services, our team has worked extensively with City staff to help streamline their plan check processes and procedures, including facilitating contract implementation, billing, and invoicing.

Our team has met in-person with applicants to discuss and address review comments and compliance challenges, including for a high-profile, 22-building mixed-use development project in the City. 1,300+
Reviews
Completed
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Our primary approach is to serve as a direct extension
of the City staff. NV5 will take every measure possible to see that the City’s timeline is met. It is our intention to consistently beat the plan review turnaround times
while assuring continuous quality and reasonable
implementation of the state codes and all local
amendments. We will put forth a coordinated effort and
responsibility to track and coordinate all applications or requests received in the City.

All plan check services will be driven by the accepted
architect-engineering and industry professional practices, and will comply with the applicable regulations. Turnaround times of plan checks are crucial, and we intend to return plan checks within the timelines outlined by the City. We continually train existing employees and recruit new talent to exceed the expectations of our clients.

We understand how essential it is for individual
departments to work together in order to build a
successful project. Our philosophy is to work closely with all departments, divisions and agencies to eliminate
redundancy and increase efficiency. We understand the
difficulties in interpreting design standards, and we take pride in providing solutions for your constituents.

Outlined below is the general process the NV5 team
utilizes to provide plan review services. This is presented as a guideline to be adjusted according to the processing procedures of your jurisdiction. We will work with the
City in a seamless manner for review of plans for code
compliance and keeping projects moving to the finish line.

DELIVERABLES
Deliverables for a typical plan check project include:
• Cost confirmation letter (if required)
• Signed comment letter with checklist
• Redlined plans
In compliance with state law, all plan check services will be performed by or under the responsible charge of a
California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. All plan review memos will be signed and sealed by a duly licensed professional.

SUBMITTAL SEQUENCE
Each submittal will generally follow the following sequence:

First Plan Check
The initial plan check will be comprehensive and identify all significant issues. It is important to present significant issues to the developer as early in the review process as possible, so that the developer can respond in a timely manner. In addition to the typical scope of services, the first plan check will include the following:
• Plan Review Checklist
• Review of Conditions of Discretionary Approval
• Analysis of Easement Requirements and Right-Of-Way
Needs
• Identification of Required Coordination with InterAgency Jurisdictional Issues Subsequent Submittals
Plan check resubmittals are reviewed for completeness
and to determine if all previous comments have been fully addressed. If the developer has made significant changes to the submittal, new review comments may be necessary.

The NV5 plan checker will identify remaining deficiencies in the documents for subsequent reiterations of the plan check submittals.

Final Review
We anticipate that after no more than three (3) plan
checks, NV5 will request that the developer submit final plans and associated documents, as required by the City for final review. NV5 will confirm that plans are complete and that all associated documents have been submitted.

NV5 will then provide an approval letter and other required documents and transmittals, depending on the type of
review.

Transmittal
NV5 will maintain accurate and comprehensive records
related to all plans, calculations and documents received.

Our team is experienced in providing digital plan review and will accept, review and return plans electronically if the City desires.

We will screen and log every application to assure they are routed to all plan checkers in a timely manner. All submittals are checked for compliance with relevant
state and local requirements. The log serves as a tracking device to assure turnarounds and completeness of review.

3. SCOPE OF WORK
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NV5 will assure that corrections are handled as quickly and as clearly as possible. We will identify all corrections based on compliance with specific standards, codes and
regulations. We will either provide notes on the plans as appropriate, or provide a correction sheet detailing which items need to be addressed for plan approval.

Each project will be reviewed with strict adherence to our company policy of independent objectivity as a third party.

Projects have ranged from the simple to the complex
across all types of construction. Our wide exposure and expertise allow us to provide impartial and comprehensive plan reviews clearly indicating the applicable codes and standards and documenting noted deficiencies. Our
reviews are individually prepared for each project and, while we use Agency standard checklists as a basis for
our review, we also review each individual project for sitespecific impacts and technical merits — including boundary conditions and general construction considerations. Our Plan Review Reports are written to provide the design
team with a clear and concise understanding of the issues.

Comments from each discipline are grouped together for
easy reference, and each comment references a specific
item in the plans or specifications as well as a reference.

Approvals
Upon completion of each plan review, plans and supporting documents will be returned to the City recommending
approval. Approval will only be given when all compliance issues are resolved to the best of our team’s knowledge and all requirements of the City are satisfied.

Accelerated Plan Review
In most cases, we will complete the initial plan review in 10 working days and considerably less time for re-checks.

However, some plans may require expedited review. At
your request, we will perform plan review services within an accelerated time frame. Accelerated plan review may
require an additional fee, agreed upon by the applicant and NV5.

Discretionary Reviews and Entitlement
Processing
Our team has extensive experience providing discretionary reviews and project conditions of approval for a broad
range of development projects. We have supported our
clients with entitlement reviews for a number of politically sensitive and technically complicated projects, ranging from custom single-family homes to environmental
restoration projects and major commercial and
entertainment venues of regional significance.

The NV5 team is familiar with the requirements of
California Government Code Section 65943 as it
relates to the completeness of submittals and review
turnaround times by local agencies. We are committed to working closely with the Planning Department and other
stakeholders to support successful project entitlements while helping to assure that the City’s standards,
regulations and requirements are satisfied and reflected in the completed project.

Meetings
We will conduct and coordinate all communications with
the City for plan review comments to assure that plan
review issues are handled efficiently. During the plan
review process, we are prepared to meet with City staff and the applicant at any time. Our goal is to issue approved plans as quickly as possible, but in full compliance with local codes, ordinances and guidelines. Our experience
suggests greater involvement early in the design process yields exceptional benefits. We feel it is helpful to be involved in Development Review meetings for projects
subject to the Planning Review process.

Management Plan + QA/QC
Our managerial approach is
based on shared expectations
and clear and consistent
communication with City staff
throughout the delivery of
projects. We will implement
a comprehensive program
based on best practices to
validate that each and every
review is thorough, accurate,
consistent and timely. This
system’s success is based on
thousands of hours of practical, real- world experience by our dedicated personnel and their unique ability to interact quickly and efficiently with your staff. The specific action items in our process include:
• Coordination and Communication: Our staff will
handle the necessary administrative functions,
such as project tracking, managing project controls,
maintaining and distributing communications,
reviewing agendas and ordinance issues, and fielding
calls on project status.
• Reliable and Responsive Service: Our project
manager will provide proactive communication, utilize
proven project management tools and best practices,

STATEMENT OF QUALIFICATIONS
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with accurate and detailed information every step
of the way. We are available to meet with the City at
kickoff and progress meetings to discuss procedures,
projects, and to maintain momentum and project
schedules.
• Efficiently Meet Turnaround Deadlines and Maintain
Development Momentum: An emphasis will be
placed on our staff’s experience with the City and
requirements to proactively facilitate communication
and processing. We will work to assure proven quality
assurance and schedule control measures are
implemented.
• Maintain Accuracy and Cost Savings Through
Proven Processes and Continuity: We can implement
integrated, standardized processes, including
electronic plan reviews that will be utilized by
seasoned staff members who deliver plan review
comments that are consistent, thorough, accurate,
and done right the first time.
• Analyzing Submittals: Our team will review and
assess initial submittals for completeness, review
title sheets and non-technical issues; maintain files;
monitor due dates; monitor contract budget and
status tracking reports; and coordinate invoicing.

Consistency will be maintained by assigning the
project to the same reviewer that performed the
previous reviews, unless circumstances dictate
otherwise.

STATEMENT OF QUALIFICATIONS
• Facilitating Quality Reviews: Our experienced
public works plan reviewers will routinely review
agency standards, ordinances, guidelines,
and update checklists; write comment letters;
coordinate project returns; attend review meetings;
and communicate comments to the applicant
and designers. Because of our depth of resources
and project tools (checklists, comment letters),
reassigned projects can be reviewed without
missing deadlines or causing unnecessary
rechecks.
• Providing Expertise: Our experts will provide a
quality, comprehensive review of plans, studies,
maps and reports in accordance with all accepted
engineering practices, the Subdivision Map Act,
applicable regulations and City development
standards. Our experts are also available to meet
with your staff to clarify comments and discuss
solutions, as well as provide full and complete
reviews for each project that will minimize the
number of resubmittals by the customer.
• Quality Assurance/Quality Control: We are
committed to a Quality Assurance, Quality Control
and Constructability Review protocol for all
deliverables submitted to a client. Our QC policy
requires our project engineer and project manager
to sign off on the cover sheet and commit that they
have reviewed the submittal and are accepting
responsibility for the quality of the documents prior
to being submitted for review by peers.

Providing Reliable & Responsive Professional Plan Check Services Using Local Knowledge from Previous Local Agency Partnerships and Experience Meeting the City’s Needs

UNDERSTANDING THE NATURE OF ON-CALL CONTRACTS AND THEIR CHALLENGES ALLOWS US TO MEET THE CITY’S NEEDS AND ACHIEVE ITS GOALS WHY NV5?
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APPENDIX

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On-Call Plan Review Services
CITY OF PALM DESERT | PALM DESERT, CA
Project Manager. Ms. O’Neal oversaw the team providing on-call plan review services for the City of Palm Desert. Services included the review of grading and improvement plans, hydrology and hydraulic reports, geotechnical reports, and water quality technical documents.

Plan Check Services
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Project Manager. Ms. O’Neal is overseeing the team providing on-call engineering plan check services. Services include the review of grading and improvement plans, hydrology and hydraulic reports, geotechnical reports, water quality treatment and erosion control, title documents and review against project conditions of approval for residential, commercial and industrial development applications.

Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO | SAN BERNARDINO, CA
Ms. O’Neal is providing engineering development review services for a variety of projects ranging from single-family development to large, multi-phase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviewed Hydraulic and Hydrologic Analysis, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.

On-Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT | BEAUMONT, CA
Project Manager. Ms. O’Neal is providing the City with review of as-needed private development projects and public works inspection services. Reviews include improvement, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations and cost estimates. NV5 is assisting the City with the development of checklists, standard notes, unit price lists and other documents to standardize and streamline the review/inspection process.

On-Call Plan Check Services
CITY OF LAKE ELSINORE | LAKE ELSINORE, CA
Project Manager. Ms. O’Neal oversaw the review of Water Quality Technical Reports, grading plans, tract improvement plans, parcel mergers and lot line adjustments.

Due to the unique nature of Lake Elsinore’s water conservation requirements, NV5 developed delineating maps to distinguish “Highest and Best Use” areas for the City to streamline the plan review process.

TAMARA O’NEAL, PE
Project Manager
Ms. O’Neal has more than 28 years of experience in municipal engineering services, including capital improvement and development review project management. In addition to having direct public agency employment experience, Ms. O’Neal has provided extension of staff services on a consultant basis for numerous cities, as well as water and sanitation districts in San Diego, Riverside, Orange and Los Angeles counties.

CONTACT INFO
[email protected]

TOTAL EXPERIENCE
28 years

EDUCATION
B.S. Civil Engineering

LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 69107

KEY PERSONNEL RESUMES
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Agreements for Professional Services to perform As-Needed Professional E... Page 176 of 1755 Plan Check of Water Quality Management Plan Hydrology Reports and Plan Check Services COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT | RIVERSIDE, CA Project Manager. Ms. O’Neal is serving as the Project Manager overseeing plan checking of WQMP (Water Quality Management Plan) and Hydrology Reports associated with new development and significant redevelopment projects, and plan check services for private development projects for compliance with the county’s MS4 permits and the Riverside County WQMP for Urban Runoff. Review of P-WQMPs, F-WQMPs, Hydraulic and Hydrology reports, floodplain studies, and grading plans.

On-Call Plan Check Services
CITY OF SEAL BEACH | SEAL BEACH, CA
Plan Check Engineer. Ms. O’Neal is providing on-call engineering plan check services to the City for land development projects, which include grading, drainage, street improvements, hydrology reports, Water Quality Management Plans (WQMP), National Pollutant Discharge Elimination System (NPDES) reports, and Storm Water Pollution Prevention Plans (SWPPP); utilities permits/plans; surveying; and subdivision projects, including lot line adjustments, tract maps, parcel maps and certificates of compliance.

Plan Check & Traffic Engineering Services
CITY OF COMPTON | COMPTON, CA
Plan Check Engineer. Ms. O’Neal is providing professional plan check 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, particularly the California Subdivision Map Act and general compliance with City Standards, Ordinances and Regulations, including the Low Impact Development requirements identified in City of Compton Ordinance 2,252 (including maintaining database Excel spreadsheet for BMPs tracking through the various stages of development). NV5 also performs various Traffic Engineering Services such as review and recommendation and/or approval for Traffic Impact Analyses for public/private projects, warrant studies for traffic signal and/or stop signs installations, and various other related tasks.

As-Needed Plan Check Services
COUNTY OF SAN DIEGO | SAN DIEGO, CA
Project Manager. Ms. O’Neal is overseeing the team providing as-needed plan check services for the County’s Building Services Division for residential, commercial, and energy projects. NV5’s services include evaluation of changing regulatory requirements to permit and land development processing; coordination of building permit service delivery to the public; receiving and responding to customer service requests; and providing recommendations for approval.

Development Review Services
CITIES OF DANA POINT, CARLSBAD, ENCINITAS AND INGLEWOOD | SOUTHERN CALIFORNIA Project Manager. Ms. O’Neal is serving as point of daily contact for the client as well as developers, working closely with City Planning and Traffic Engineering staff, and directing the efforts of various subconsultants to provide overall project coordination for a variety of projects. These range from single-family lot developments to large, multi-phase subdivisions with significant public infrastructure requirements. Projects also include large-scale habitat mitigation and floodplain development projects during all phases from discretionary review through project construction. Services include preparing conditions of approval, development agreements and staff reports, reviewing final maps, grading plans, public and private improvement drawings, associated calculations, and technical reports.

Citywide Plan Check Review Services
CITY OF VENTURA | VENTURA, CA
Project Manager. Ms. O’Neal is overseeing the team providing on-call plan check review services, including: Building Code review (plumbing, mechanical, electrical, energy, green, structural, architectural, and accessibility); Fire Code review (fire alarms, fire sprinkler systems); Regional Stormwater requirements (MS-4, SWPPP); Civil (rough grading, fine grading); Public Improvement Plans (water, wastewater, storm drain, public right-of-way improvements); and Zoning review (zoning code compliance). Plans are transmitted and reviewed utilizing the City’s electronic system, Energov supported by Tyler Technologies.

KEY PERSONNEL RESUMES
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Plan Check Services
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Plan Check Engineer. Ms. Asam is part of the NV5 team providing on-call engineering plan check services to the City of Desert Hot Springs. Services include the review of grading and improvement plans, hydrology and hydraulic reports, geotechnical reports, water quality treatment and erosion control, title documents and review against project conditions of approval for residential, commercial and industrial development applications.

Plan Check Services
CITY OF PALM DESERT | PALM DESERT, CA
Plan Check Engineer. Ms. Asam provided on-call plan review services for the City of Palm Desert. Services included the review of grading and improvement plans, hydrology and hydraulic reports, geotechnical reports, and water quality technical documents.

Water Quality Management Plan + Hydrology Report Plan Check Services COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT | RIVERSIDE, CA Plan Check Engineer. Ms. Asam provides plan checking services for WQMP (Water Quality Management Plan) and Hydrology Reports associated with new development and significant redevelopment projects, and plan check services for private development projects for compliance with the county’s MS4 permits and the Riverside County WQMP for Urban Runoff. Review of P-WQMPs, F-WQMPs, Hydraulic and Hydrology reports, floodplain studies, and grading plans.

On-Call Public Works Inspection and Plan Check Services CITY OF BEAUMONT | BEAUMONT, CA
Project Engineer. Ms. Asam is providing review of private development projects and public works inspection services. NV5 reviews all plans and associated technical reports for clarity, format, completeness and conformance to the City’s grading and roadway criteria, industry-standard design procedures, permit requirements and conditions of development.

PADMA ASAM, PE, QSD/QSP, LEED AP
Civil Plan Check
Ms. Asam has 17 years of design experience in public work projects, including design of roadway widening and alignments, retaining walls, pedestrian ramps, engineering reports and utility undergrounding. She is adept in the design standards of various local public agencies in Southern California. Ms. Asam has extensive experience reviewing grading plans, street and storm drain improvement plans, utility plans, tract maps, structural plans and details and stormwater-related documents. She has extensive experience working with local funding agencies to prepare and administer grant applications on behalf of local agency clients. In addition to submitting progress reports, applications for funding, and closeout documentation, she has coordinated public outreach efforts and developed strong working relationships with Caltrans Local Assistance staff.

CONTACT INFO
[email protected]

EXPERIENCE
17 years

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

LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 83896
Qualified SWPPP
Developer/Practitioner
(CA) No. 27085
LEED Accredited
Professional

KEY PERSONNEL RESUMES
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CITY OF LAKE ELSINORE | LAKE ELSINORE, CA
Plan Check Engineer. Ms. Asam provided review of Water Quality Technical Reports, grading plans, tract improvement plans, parcel mergers and lot line adjustments. Other tasks included reviewing hydrology and hydraulic data output calculations in conjunction with proposed storm drain design and reviewing NPDES documents for conformance to jurisdictional requirements and the City’s Standard Urban Stormwater Management Plan as needed and as required by the Regional Water Quality Control board.

Citywide Plan Check Review Services
CITY OF VENTURA | VENTURA, CA
Plan Check Engineer. Ms. Asam is providing plan review services for the City. NV5 is contracted by the City to provide oncall plan check review services, including Building Code review (plumbing, mechanical, electrical, energy, green, structural, architectural, and accessibility); Fire Code review (fire alarms, fire sprinkler systems); Regional Stormwater requirement review (MS-4, SWPPP); Civil review (rough grading, fine grading); Public Improvement Plan review (water, wastewater, storm drain, public right-of-way improvements); and Zoning review (zoning code compliance). Plans are transmitted and reviewed utilizing the City’s electronic system, Energov supported by Tyler Technologies.

On-Call Plan Check Services
CITY OF SEAL BEACH | SEAL BEACH, CA
Plan Check Engineer. Ms. Asam is part of the NV5 team providing on-call engineering plan check services to the City for land development projects, including grading, drainage, street improvements, hydrology reports, Water Quality Management Plans (WQMP), National Pollutant Discharge Elimination System (NPDES) reports, and Storm Water Pollution Prevention Plans (SWPPP); utilities permits/plans; surveying; and subdivision projects, including lot line adjustments, tract maps, parcel maps and certificates of compliance.

Plan Check Services
CITY OF DANA POINT | DANA POINT, CA
Plan Check Engineer. Ms. Asam is part of the team that is providing development review services for new projects within the City. NV5 serves as an extension of City staff to review projects involving grading, street and drainage improvements, building foundations and retaining walls, and parcel/tract maps for conformance with City standards, regional, and state regulations, and generally accepted engineering design practices.

Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO | SAN BERNARDINO, CA
Project Engineer. Ms. Asam is providing engineering development review services for a variety of projects ranging from single-family developments to large, multiphase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviewed Hydraulic and Hydrologic Analyses, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.

As-Needed Services
CITY OF CARLSBAD | CARLSBAD, CA
Project Engineer. Ms. Asam provided consultant services for the City, including review of grading plans, street improvement plans, geotech reports, hydrology reports and stormwater documents for residential and commercial developments.

As-Needed Services
COUNTY OF IMPERIAL | IMPERIAL, CA
Project Engineer. Ms. Asam is providing as-needed plan check services for County of Imperial per the County’s requirements.

KEY PERSONNEL RESUMES
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KEY PERSONNEL RESUMES
Project Experience
On-Call Public Works Inspection and Plan Check Services CITY OF BEAUMONT | BEAUMONT, CA
Acting City Surveyor. Mr. Fahrion is the Acting City Surveyor for the City of Beaumont under contract with NV5. Mr. Fahrion’s responsibilities include review of all Tract Maps, Parcel Maps, Lot Line Adjustments and Certificate of Corrections prepared in the City. Sign and seal all documents and maps that are required in the duties of the City Surveyor. NV5 reviews all plans and associated technical reports for clarity, format, completeness, and conformance to the City’s grading and roadway criteria, industrystandard design procedures, permit requirements, and conditions of development.

Reviews include improvement, grading, and erosion control plans; sewer and storm drain plans; hydrology and hydraulic reports; water quality reports; geotechnical reports; structural calculations; and cost estimates.

On-Call Plan Checking
CITY OF SANTA CLARA | SANTA CLARA, CA
Acting City Surveyor. Mr. Fahrion is the Acting City Surveyor for the City of Santa Clara under contract with NV5. Mr. Fahrion’s responsibilities included review of all Tract Maps, Parcel Maps, Lot Line Adjustments, Lot Mergers, Record of Surveys and Certificate of Corrections prepared in the City. Other duties include preparing legal descriptions and plats for City projects. Sign and seal all documents and maps that are required in the duties of the City Surveyor.

On-Call Plan Checking
TOWN OF PORTOLA VALLEY | PORTOLA VALLEY, CA
Acting Town Surveyor. Mr. Fahrion is the Acting Town Surveyor for the Town of Portola Valley under contract with NV5. Mr. Fahrion’s responsibilities include review of all Tract Maps, Parcel Maps, Lot Line Adjustments, Lot Mergers, Record of Surveys and Certificate of Corrections prepared in the Town. Other duties include preparing legal descriptions and plats for town projects. Sign and seal all documents and maps that are required in the duties of the Town Surveyor.

On-Call Surveying Services
CITY OF INDIO | INDIO, CA
Survey Manager. Mr. Fahrion is responsible for On-Call Surveying Services as requested by the City’s Public Works Department. Projects include topographic survey of the Indio Safety Campus and 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.

JAY FAHRION, PLS
Survey Plan Check
Mr. Fahrion has over 43 years of surveying and mapping experience with 32 years in California. 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.

CONTACT INFO
[email protected]

EXPERIENCE
43 years

LICENSES/CERTIFICATES
Professional Land Surveyor
(CA) No. 8207
AQMD PM-10 Certificate
American Congress on
Surveying and Mapping
course on various
surveying specialties
completed
City Indio | On-Call Professional Services for Land Surveying, Mapping, and Drafting NV5 | A-5

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PAGE HEADER KEY PERSONNEL RESUMES
On-Call Construction Surveying Services
CITY OF LA QUINTA | LA QUINTA, CA
Survey Manager. Mr. Fahrion was responsible for this on-call contract to provide construction survey services on various projects throughout the City. All projects delivered on schedule and within budget. Representative projects include:
• Street Cross sections on Monroe Street at Mountain
View Lane
• Topographic Survey of the La Quinta Library
• Construction Staking Services for the West Parking Lot of La Quinta Library
• Topographic Survey of the Art Park of the Desert at
Avenida Montezuma
• Tie out of existing monument at the Intersection of
Avenue 52 and Jefferson Street
• Construction Staking services for Fritz Burns Park
• Lot Line Adjustment for the General Telephone site
• Construction Staking Services for the Pickleball courts at Fritz Burn Park
• UAV services for Silver Rock Golf Course
• Legal Description and Plat for All American Canal
through Silver Rock Development
• Street cross sections for lot A Desert Club Tract Unit 1 Aerial Topography
CITY OF COACHELLA | COACHELLA, CA
Survey Manager for the aerial topography of three city parks for the City of Coachella: Bagduma Park, De Oro Park, and La Colonia Park II). Managed the survey team that placed aerial targets for all of the sites and provided field surveying and mapping of the existing utilities and street cross sections for Frederick Street at Bagduma Park. Also prepared topographic maps, along with record boundary information for the client, prepared and processed plats and legal descriptions for the acquisition of additional right-of-way for Frederick Street.

Avenue 66 Transmission Phase 2
COACHELLA VALLEY WATER DISTRICT | COACHELLA VALLEY, CA
Survey Manager. As a sub to Dudek, NV5 provided design surveying services for CVWD’s Avenue 66 Transmission Phase 2 project, which included Aerial Topography, cross sections along Avenue 66, location of right-of- way and property lines, preparing legal descriptions and plats for easements for the proposed waterline, and base mapping. The project was delivered on schedule and within budget.

Hacienda Avenue Spa Zone Street Improvements
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Survey Manager. Mr. Fahrion is managing the survey services for the City’s Hacienda Avenue Spa Zone Street Improvements project. The improvement project extends from Tamar Drive to the city limits/Long Canyon Road. The purpose of the project is to provide pedestrian and bicycle safety infrastructure improvements. There are currently no bike lanes along this 1.9-mile segment of Hacienda Avenue. The project proposes to construct 10,341 feet of sidewalks, 9,450 square feet of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 streetlights, 17 crosswalks, and one intersection safety improvement. NV5’s scope of work includes utility coordination; topographic and right-of-way surveys and preparation of base maps, legal descriptions and plats; pavement investigation and recommendations; preparation of preliminary and final plans, specifications and estimates; environmental documentation; and bid and construction support.

Bagdouma Park Football Field
CITY OF COACHELLA | COACHELLA, CA
Survey Manager. Mr. Fahrion was responsible for construction staking of the Bagdouma Football Field. Also provided an as-built survey for the project once it was completed.

Bagdouma Park Expansion Phase 1
CITY OF COACHELLA | COACHELLA, CA
Survey Manager. Mr. Fahrion was responsible for construction staking of the expansion of Bagdouma Park. Services consisted of staking a new soccer field with underground drainage system, parking lot and playground area. Plans were prepared by NV5 and an as-built survey was done at the completion of the project.

City Indio | On-Call Professional Services for Land Surveying, Mapping, and Drafting NV5 | A-6

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

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COST PROPOSAL
Submitted by NV5, Inc.
42-829 Cook Street, Suite 104, Palm Desert, CA 92211
City of Indio
On-Call Professional Engineering Plan Check Services
May 14, 2024

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Fee Schedule
Rates are effective through June 30, 2025. If contract assignment extend beyond that date, a new rate schedule may be issued.

PLAN CHECK COMPENSATION
Plan check payment shall be made in full at a “fixed fee” rate of:
$900.00 per sheet (tract or parcel map)
$900.00 per sheet (other plan types)
NV5’s fee will include the initial check and up to two (2) re-checks. If additional reviews are needed, services will be billed on a time and materials basis (T&M) according to the fee schedule included below. Fees for expedited reviews will be determined on a case-by-case basis.

PLAN CHECK SERVICES HOURLY RATE**
Manager/Plan Check Engineer/Surveyor III $195
Plan Check Engineer/Surveyor II $165
Plan Check Engineer/Surveyor I $145
Administration $95

REIMBURSABLE EXPENSES COST
Consultant Services Cost + 15%
Automobile Transportation per IRS standard
Delivery, Freight, Courier Cost
Agency Fees Cost
** 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 Indio | On-Call Professional Services for Land Surveying, Mapping, and Drafting NV5 | 1

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Addendum 1 - Insurance
Page | 1
ADDENDUM “1”

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

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Addendum 1 - Insurance
Page | 2
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

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Addendum 1 - Insurance
Page | 3
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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Addendum 2 – Federal Funds
Page | 1
ADDENDUM “2"

FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.

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City Council
June 19, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Landscape Maintenance Agreement with Excel Landscape, Inc., in the amount of $85,980 per month totaling $1,031,760 annually, in addition to $300,000 for additional work, for a contract total of $1,331,760 per fiscal year; with a one (1) year term with three (3) optional one (1) year extensions, for City Fund Properties
RECOMMENDATION:

Approve Landscape Maintenance Agreement with Excel Landscape, Inc., in the amount of $85,980 per month totaling $1,031,760 annually, in addition to $300,000 for additional work, for a contract total of $1,331,760 per fiscal year; with a one (1) year term with three (3) optional one (1) year extensions, for City Fund Properties.

SUMMARY:

Conserve LandCare has shown the City that it lacks the resources to continue maintaining the City Fund Properties, resulting with their contract with the City ending on June 30, 2024. On July 27, 2023, the City received three proposals for the landscape maintenance of the City Fund Properties.

Among the proposals, Conserve LandCare submitted the lowest bid with Excel Landscape, Inc. having the next lowest bid. And accordingly, it is recommended that Excel Landscape, Inc. replace Conserve LandCare.

BACKGROUND INFORMATION:

The Landscape Maintenance Contractor is responsible for maintaining the irrigation system, turfgrass, plants, trees under 15-feet tall, median islands, weed abatement, hardscape & pathway maintenance, trash can pick-up, pet waste stations, and miscellaneous amenities related to the parks such as tables and benches.

City Fund Properties: The City currently has 77 locations funded by the General Fund, including parks, City buildings, Police and Fire Stations, vacant lots, parking lots, and medians and parkways along City streets.

Following the termination notice sent to Conserve LandCare on May 20, 2024, the City turned to Excel Landscape, Inc., the next lowest bidder from the proposals received on July 27, 2023. Excel Landscape, Inc., having provided exceptional service to the City over the past 15 years, was asked to update their proposal to include all current City Fund Property locations.

FINANCIAL SUMMARY:

AGENDA ITEM #8.14
Landscape Maintenance Agreement with Excel Landscape, Inc., in the amoun... Page 189 of 1755 Current FY Financial
Impact:
$0 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$1,331,760 Strategic Objective: Community
Beautification
Source of funds: General Fund Fund-Org-Object
Reference:

Various
Additional Financial Details:

The costs for the landscape maintenance services to be provided by Excel Landscape, Inc. for FY 2024/25 is shown as follows:

Landscape
Maintenance Add’l Work as Needed Total FY 24/25
City Fund Properties $1,031,760 $300,000 $1,331,760
Staff is requesting approval for an amount not-to-exceed $300,000, per fiscal year, to be utilized from existing budgets, for additional work as needed. This additional funding will be allocated towards services for maintaining and controlling right-of-way weeds. Any necessary repairs and improvements to city-funded properties will be made using existing budgets.

ATTACHMENTS:

Attachment 1 - Agreement with Excel Landscape, Inc.

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 Jun 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Jun 2024 Ruby D. Walla, Director of Finance Approved - 13 Jun 2024 Bryan H. Montgomery, City Manager Approved - 13 Jun 2024

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Agreement with
Excel Landscape, Inc.

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AGREEMENT FOR PROFESSIONAL SERVICES
Landscape Maintenance Services - City Fund Properties

LMCITYFUND
THIS AGREEMENT is made and entered into on this 19th day of June 2024, by and between the City of Indio, a California municipal Corporation ("City") and Excel Landscape, Inc. ("Contractor"). Contractor's California State License Number is 417003; Class C27.

RECITALS
A. City issued a Request for Proposals ("RFP") for Landscape Maintenance Services for the City Fund Properties, on June 22, 2023. Contractor submitted a proposal dated July 27, 2023 in response to the RFP.

8. The current low bid contractor's last day maintaining the City Fund Properties will be June 30,2024.

C. Excel had the next lowest price in the RFP process and the City asked Excel to update their prices for the current list of City Fund Properties.

D. Contractor represents that it is qualified by virtue of experience, training, education and expertise to provide these services and is able to perform the Scope of Work.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

Section 1. Contractor's Scope of Work. Contractor shall perform the Scope of Work described in Exhibit A ("Scope of Work"), attached to this Agreement and incorporated by this reference as though set forth in full, in a manner satisfactory to 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.

Section 2. Term of Agreement. This Agreement shall commence on July 1, 2024, contingent upon approval by the City Council, and the Contractor shall commence work after a written notice to proceed is issued by the City's Contract Manager. This Agreement shall remain and continue in effect for a period of 12 months, unless sooner terminated by the City. The City may extend the Agreement for three (3) additional 12-month periods.

Section 3. Time of Performance. Contractor shall complete all services required hereunder as and when directed by City as set forth in Exhibit C ("Time of Performance"). City, however, in its sole discretion may extend the time for performance of any services.

Notwithstanding any other provisions of this Agreement, the Contractor shall not have liability for or be deemed in breach because of delays caused by any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, epidemics, pandemics (including COVID 19), or acts of the Client, third parties, or governmental agencies.

Section 4. Compensation.
(a) The method of payment for the services provided under this Agreement shall be by month. City agrees to compensate Contractor, and Contractor agrees to accept in full City Project Number: LMCITYFUND City of Indio

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Landscape Maintenance Agreement with Excel Landscape, Inc., in the amoun... Page 233 of 1755 City Fund Properties Time of Performance
City Project Number: LM-CITVFUND
This Agreement shall remain and continue in effect for a period of twelve (12) months, unless sooner terminated by the City. The City may extend the Agreement for four (4) additional 12- month periods.

This Agreement shall commence on July 1, 2024 and the initial 12 month period ends on June 30,2025.

The City may extend the Agreement for four (4) additional 12 month periods. 1st Extension: July 1, 2025 to June 30, 2026
2nd Extension: July 1, 2026 to June 30, 2027
3rd Extension: July 1, 2027 to June 30, 2028
City Fund Properties Time of Performance Page 11

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City Council
June 19, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Agreements for Professional Services to perform As-Needed Professional Right-of-Way Services with Epic Land Solutions, Inc., Monument ROW, and Overland, Pacific & Cutler, a division of TranSystems, in an amount not-toexceed $250,000 per fiscal year, for a three-year term with two optional oneyear extensions RECOMMENDATION:

Approve Agreements for Professional Services to perform As-Needed Professional Right-of-Way Services with Epic Land Solutions, Inc., Monument ROW, and Overland, Pacific & Cutler, a division of TranSystems, in an amount not-to-exceed $250,000 per fiscal year, for a three-year term with two optional one-year extensions.

SUMMARY:

On April 11, 2024, the City issued a Request for Qualifications for As-Needed Professional Right-ofWay Services. Out of four (4) firms that responded, three (3) firms were identified as the most qualified and cost-effective to provide the services. Staff recommends entering into agreements with Epic Land Solutions, Inc., Monument ROW, and Overland, Pacific & Cutler, a division of TranSystems.

BACKGROUND INFORMATION:

In 2019, the City sought similar services at the same cost, and successfully maintained sufficient services to drive forward the Capital Improvement Program (CIP). However, all current agreements are set to expire at the end of the fiscal year on June 30, 2024, prompting the need to update all AsNeeded Professional Services Agreements.

On May 8, 2024, the City received Statements of Qualifications (SOQs) for As-Needed Professional Right-of-Way Services. The following four (4) firms responded:
 Dokken Engineering (Folsom, CA)
 Epic Land Solutions, Inc. (Riverside, CA)
 Monument ROW (Irvine, CA)
 Overland, Pacific & Cutler, a division of TranSystems (Long Beach, CA) Staff evaluated the SOQs and selected the following firms based on their experience, understanding of the work to be done, experience with providing similar kinds of work, quality of staff, and a demonstrated technical ability to meet the agreement needs.

AGENDA ITEM #8.15
Agreements for Professional Services to perform As-Needed Professional R... Page 235 of 1755  Epic Land Solutions, Inc.
 Monument ROW
 Overland, Pacific & Cutler, a division of TranSystems The Public Works Department's FY 2024/25 CIP includes 64 projects totaling over $135 million aimed at enhancing the city's parks, freeway interchanges, bridges, streets, traffic signals, storm drain system and facilities. Consultants are required to support Public Works staff in completing these tasks.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$750,000 Strategic Objective: Community Infrastructure
Source of funds: Capital Projects Fund-Org-Object
Reference:

Additional Financial Details:

The cost for each agreement with the three (3) recommended consultants will be capped at $250,000 per fiscal year, drawn from various funds within the Capital Improvement Program.

Beginning in FY 2024/25, each consultant will receive a not-to-exceed allocation of $250,000 per fiscal year.

The expenses for all work, including right-of-way services for CIP projects, have been factored into the overall budget approved by the City Council each year. Moreover, a significant portion of the consultant's expenses can be reimbursed from regional and state grant funds, as well as developer fees. The agreements have a term of three years, with an option to extend them for two additional one-year periods. The City reserves the right to terminate these agreements with a fifteen-calendar day written notice. No funds from the general budget will be allocated to these agreements.

ATTACHMENTS:

Attachment 1 - Agreement for Professional Services with Epic Land Solutions Attachment 2 - Agreement for Professional Services with Monument ROW Attachment 3 - Agreement for Professional Services with Overland, Pacific & Cutler, a division of TranSystems
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 Jun 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 12 Jun 2024 Ruby D. Walla, Director of Finance Approved - 13 Jun 2024 Bryan H. Montgomery, City Manager Approved - 13 Jun 2024

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Agreement for Professional Services with
Epic Land Solutions, Inc.

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Page | 1

PROFESSIONAL SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL RIGHT-OF-WAY SERVICES
BETWEEN THE CITY OF INDIO AND EPIC LAND SOLUTIONS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of June 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Epic Land Solutions, Inc., a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by issuance of request for qualifications, the performance of as-needed professional right-of-way services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

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SECTION 3. ADDITIONAL SERVICES.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $250,000/fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.

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SECTION 9. STANDARD OF PERFORMANCE.

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Page | 6
and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

SECTION 12. NONDISCRIMINATION.

SECTION 13. UNAUTHORIZED ALIENS.

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SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the negligence or willful misconduct of the Indemnified Parties. (b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set

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Page | 9
forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

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SECTION 21. DEFAULT.

SECTION 22. EXCUSABLE DELAYS.

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SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Consultant: Epic Land Solutions, Inc.

Attn: Karen Starr, Senior Vice President
3850 Vine Street, Suite 200
Riverside, CA 92507
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

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SECTION 28. AMENDMENT.

SECTION 29. WAIVER.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

SECTION 33. SEVERABILITY.

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SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

SECTION 35. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL RIGHT-OF-WAY SERVICES
BETWEEN THE CITY OF INDIO AND EPIC LAND SOLUTIONS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven P. Graham
City Attorney

CONSULTANT
By:

Karen Starr
Its: Senior Vice President

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

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WORK PROPOSAL for
City of Indio
On-Call Professional Right of Way Services
Submitted on May 8, 2024
Inland Empire Regional Office ∙ 3850 Vine Street∙ Suite 200 ∙ Riverside, CA 92507 Photo Credit: Chad Van Horn for Palm Springs Life – “Downtown Indio Undergoes Major Transformation”

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Inland Empire Regional Office
3850 Vine Street, Suite 200
Riverside, CA 92507
(951) 321-1800
epicland.com
May 8, 2024
Cover Letter
City of Indio, Public Works
Attn: Don Uyeno
100 Civic Center Mall
Indio, CA 92201
[email protected] | (760) 391-4028
Submitted via PlanetBids
RE: City of Indio Request for Qualifications (RFQ) to provide On-Call Professional Right of Way Services Dear Mr. Uyeno,
Epic Land Solutions, Inc. (EPIC) appreciates this opportunity to submit our work proposal to the City of Indio (City) to provide On-Call Property Professional Right of Way Services under the subject line RFQ On-Call contract.

Firm Bio: EPIC is a full-service right of way and real property consulting services firm, founded in 2000 as a C Corporation with the mission to create land solutions for the public good. For over 23 years, we have performed right of way acquisition, relocation, utility coordination, and appraisal services for local public agencies, utilities, design engineers, and environmental companies throughout Riverside County and the Coachella Valley. With over 60 professionals employed firm wide, we manage local projects from our regional office in Downtown Riverside. We look forward to this opportunity to bring the following differentiators to our services under this on-call for the City.

Incumbent Understanding & Local Knowledge: As an incumbent to this on-call contract with the City, EPIC looks forward to maintaining our understanding of your operations. We have experience providing right of way acquisition services to recent City projects as a subconsultant, including Avenue 50 & Jackson Street Intersection Improvements and Jackson Street Widening projects.

Comprehensive Staffing to Address Scope: EPIC has a fully staffed right of way team ready to mobilize on behalf of the City for acquisition and relocation services, with additional support from our specialized staff and departments able to provide utility coordination, GIS, cost estimation, and property/lease management support. Our proposed team includes multiple subconsultants for extensive coverage of all noted scope areas, including business goodwill appraisal, survey, and additional real estate appraisal support. This teaming approach ensures we can satisfy all scope for task order projects under this on-call immediately.

Please consider a request for one exception and one modification to the draft professional services agreement contained in the RFP, included in the appendix of this proposal. The agreement is acceptable as written, but we would appreciate consideration of the two small modifications requested. We, the undersigned, look forward to working with you!
Sincerely,
Epic Land Solutions, Inc.

Karen Starr, CPM, SR/WA
Authorized Signatory – Sr. Vice President
[email protected] | (951) 227-0086
Darcy Mendoza, SR/WA, R/W-NAC
Project Manager - Primary Point of Contact
[email protected] | (951) 321-4748
*Please include [email protected] for all correspondence during the proposal evaluation period.

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 2 of 20 Statement of Qualifications
Project Personnel & Responsibilities
Organizational Chart
Darcy Mendoza, SR/WA, R/W-NAC, is your Project Manager and primary point of contact for the duration of the contract. Darcy will be communicating directly with the City on all task order assignments, coordinating kick-off meetings, assigning and overseeing staff, and managing budget and milestone schedules for your projects. Supporting Darcy is Addiel Flores, RWA, Broker. Addiel will be the Assistant Project Manager for the City's task orders, responsible for task order delivery, subconsultant coordination, and team leadership. Full resumes for all key staff identified are included in the appendix.

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 3 of 20 Meet Your Key Staff at EPIC
Darcy Mendoza, SR/WA, R/W-NAC
Project Manager | 65% Immediate Availability
Why Darcy? Darcy is a senior right of way professional with recent experience managing real estate transactions for CVAG and City of Palm Springs. As Indio’s Project Manager for this on-call, Darcy will oversee assignment of task orders to the appropriate EPIC in-house and subconsultant resources, ensuring project quality and cost are monitored effectively per task order. Her in-depth understanding of the ROW acquisition process and specialty ROW services such as property management and surplus land sales give her a unique vantage point.

License: Real Estate Salesperson, CA #02004708
Addiel Flores, RWA, Broker
Assistant Project Manager | 70% Immediate Availability
Why Addiel? A project leader for EPIC’s Inglewood ITC in-depth relocation services, Addiel has over 10 years of experience supporting public agencies. As Assistant Project Manager, Addiel will support Darcy through day-to-day management of EPIC’s in-house resources and subconsultants per task order, with direct involvement in acquisition negotiations, relocation assistance interviews, notice preparation, and other services to support his teams per task order. Addiel has completed numerous acquisitions subject to eminent domain as well as over 500 successful relocations completed throughout his career.

License: Real Estate Broker, CA #01944802
Tyler Kelleher, RWA
Senior Right of Way Agent | 70% Immediate Availability
Why Tyler? As a designated Professional Right of Way Agent (RWA) through the International Right of Way Association (IRWA), Tyler brings thorough understanding of the City’s expectations through work with Albert A. Webb Associates for the Jackson Street & Avenue 50 Intersection Improvements. Additional local and similar municipal roadway improvement experience makes Tyler a valuable asset to the City of this on-call. As Senior ROW Agent, Tyler will provide direct support, specializing in title examination, offer package preparation, owner negotiations, and Caltrans ROW Certification documentation.

License: Real Estate Salesperson, CA #021129531
Christine Wasfi
Right of Way Agent | 75% Immediate Availability
Why Christine? With nine (9) years of licensed real estate agent experience before joining EPIC, Christine is a talented negotiator with recent local experience direct with the cities of Indian Wells, Coachella, and Palm Springs. This experience grants her in-depth understanding of the Coachella Valley real estate market. She expertly navigates real estate market research, transaction details, and documentation best practices due to her career experience at real estate agencies. As ROW Agent, Christine will provide boots-onthe-ground acquisition and relocation support, including diligent document maintenance, compassionate property owner negotiations, and coordination for the obtaining of title, appraisal, and other property information.

License: Real Estate Salesperson, CA #01936746
21+
yrs. exp
6+
yrs. exp
10+
yrs. exp
10+
yrs. exp

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 4 of 20 Vivian LanzaOrellana
Document Specialist | 80% Immediate Availability
Why Vivian? With more than 9 years of experience supporting management and operation teams within demanding work environments, Vivian is a reliable and friendly administrative professional focused on delivering and optimizing documentation processes.

She is a veteran of the United State Navy where she served over five years as an Aviation Electronics Technician Level E-5. As Document Specialist, Vivian will support the EPIC team with delivery of acquisition and relocation notices, maintenance of property management documentation such as lease status trackers, and additional dedicated administrative support, as needed.

License: Notary Public, CA Commission #2438792
Michael “Mike” Mays
Utility Services Manager | 60% Immediate Availability
Why Mike? Leading EPIC’s dedicated Utility Services Department, Mike has experience providing utility research and coordination services directly for the City of Indio’s Highway 1111 Improvements and other local cities including Cathedral City and Palm Springs. He is very familiar with public agencies’ procedures and protocols for protecting and relocating utility facilities. Mike has performed wet utility design and has managed all aspects of utility coordination work for various projects and on-call contracts at EPIC. As Utility Services Manager, Mike will manage all utility services necessary for resulting task orders.

Education: B.S., Civil Engineering, CSU Pomona
Bernadette Salto
Utility Coordinator | 75% Immediate Availability
Why Bernadette? As primary assistant to Mike Mays, Bernadette provides utility coordination support to ensure project deliverables are on schedule and within budget, recently supporting projects for the cities of Cathedral City and Palm Springs. She regularly coordinates meetings with utility owners, runs DigAlerts, prepares and sends out notification letters, and drafts utility certification files. She is especially skilled at using ProjectWise in collaboration with engineers to keep project documents and updates organized. As Utility Coordinator, Bernadette will directly support Mike for all utility coordination services documentation per task order.

Education: High School Diploma, Santa Fe High School
Kent Carpenter, MAI
Senior Appraiser | 65% Immediate Availability
Why Kent? With over 36 years of experience in the valuation of a wide assortment of property types, Kent is a seasoned appraisal professional with recent experience providing valuations for CVAG and the cities of Indian Wells, Rancho Mirage, Palm Springs, and Cathedral City. He has provided expert witness testimony in federal bankruptcy court and regional Superior Courts for arbitrations and depositions involving real estate values. As Senior Appraiser, EPIC will lead in-house appraisal efforts and coordinate with our subconsultant, CBRE for appraisal reviews, and vice versa as needed per task order.

License: Certified General Real Estate Appraiser, CA #AG003087 17+
yrs. exp
9+
yrs. exp
9+
yrs. exp
36+
yrs. exp

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 5 of 20 Subconsultant Key Staff
John Duquette, PLS
Survey Project Manager
Michael Baker International
Why John? Experience within the City
of Indio | Additional survey experience
in Palm Desert | Broad background in
boundary and right of way analysis
and calculations for public agency
road improvement projects | Multiple
municipal roadway widening projects
supported with boundary and right of
way survey
Licenses: Professional Land Surveyor,
CA #7566
Connie Barrett, PLS
Senior Mapping Analyst
Michael Baker International
Why Connie? Relevant clients include
Coachella Valley Water District,
Orange County, OCTA | Civil
engineering design experience as it
applies to grading, street, and utility
improvements | Highly experienced
completing subdivision and boundary
mapping, ROW mapping, legal
descriptions, ALTA surveys, terrestrial
and aerial topographic mapping
Licenses: Professional Land Surveyor,
CA #9646
Jeff Meiter, RCE, PLS
Licensed Surveyor
Valued Engineering, Inc.

Why Jeff? Prior experience with the
City of Indio Director of Public Works,
Tim Wassil | Additional experience
with similar municipalities including
Highland, Redlands, and San
Bernardino | Expert infrastructure
design processor and plan checker |
Principal for certified SBE firm
Licenses: Professional Land Surveyor,
CA #8217 | Registered Civil Engineer,
CA #64696
Beth Finestone, MAI, AI-GRS,

FRICS, CRE
Senior Appraiser
CBRE, Inc.

Why Beth? Specialized in valuation
and consulting services related to
public agency and ROW clients |
Extensive experience valuing large
tracts of lands for conservation,
mitigation, and other purposes | Past
President of SoCal Chapter of the
Appraisal Institute | Fellow at the
Royal Institution of Chartered
Surveyors | Eminent domain ready
Licenses: Certified General Real Estate
Appraiser, CA #AG004030
Richard “Rick” Donahue, MAI
Senior Appraiser
CBRE, Inc.

Why Rick? Prior Appraisal Review
experience direct with EPIC’s Kent
Carpenter | Specialized in valuation of
churches, schools, non-profit facilities,
camps, and right of way purposes |
Specialty experience valuing
conservation easements, air rights,
corridors, sub-surface easements,
utility easements, and transmission
line easements
Licenses: Certified General Real Estate
Appraiser, CA #AG008427
Jerardo Arciniega, MAI
Senior Appraiser
CBRE, Inc.

Why Jerardo? 140 appraisals
completed in Mojave Desert for partial
and full acquisitions | Similar
municipal clients served including
Riverside, Culver City, & South Gate |
Extensive experience conducting real
estate analysis, data collection, and
studies regarding transaction details
and market conditions
Licenses: Certified General Real Estate
Appraiser, CA #AG042445
34+
yrs. exp
32+
yrs. exp
25+
yrs. exp
43+
yrs. exp
47+
yrs. exp
19+
yrs. exp

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 6 of 20 References: Jeff Hitch, City Engineer | [email protected] | (951) 461-6076 Bryce Wilson, City Manager – Special Projects | [email protected] | (951) 461-6429

References for Similar On-Call Services
City of Murrieta
On-Call ROW Acquisition Services

Contract History: EPIC has worked with the City of Murrieta for over 10 years, with specific on-call contracts held for the terms of 09/2011 – 06/2014, 11/2017 – 06/2023, and 06/2023 – 06/2026. These contracts have resulted in over 15 task orders over the years, with some of the most notable projects detailed below. These projects have been located throughout the City for road widenings, surplus land sales, interchange improvements, and more. We look forward to implementing our optimized processes learned over time through our services provided to the City of Murrieta under this similar on-call for City of Indio.

Services Provided to Date: Right of Way Acquisition Offer Package Preparation & Negotiations (including permanent and temporary acquisitions) | Appraisal & Appraisal Review | Title Examination | Escrow Coordination | Surplus Land Sales Project Highlights:

Murrieta Hot Springs Road Widening (11/2019 – Present): Since 2019, EPIC has provided comprehensive ROW acquisition services for this major 15-acre alignment from the intersection of Margarita Road to Winchester Road to expand this roadway from 4 lanes to 6 lanes. Over the years, EPIC has completed numerous acquisitions involving the 12 impacted properties, now working towards project closeout.

Services included title examination, appraisal, acquisition offer package preparation & negotiation, and escrow coordination.

Kalmia Street and Memorial Way Surplus Land Sales (06/2023 – Present): This task order involves three (3) City-owned parcels, two of which are currently utilized for overflow parking. EPIC’s tasks have included reviewing property documentation, preparing and mailing notice of intention to Sell Real Property and Offer for Sale letters to local agencies, assembling the Data Sheet and RFO package, advertising the property, conducting property walks, preparing a staff report for approval of selected party, preparing the purchase agreement, and overseeing escrow.

Madison Avenue Improvements (07/2015 – 12/2016): EPIC provided comprehensive acquisition services for seven (7) properties impacted by roadway easements, slope easements, and temporary construction easements (TCEs) necessary for the project.

EPIC was able to meet the City’s accelerated timeline to accommodate a nearby business opening expected. EPIC accomplished this through establishing early and open communication with property owners to achieve successful acquisitions.

Meadowlark Road Improvement, Phase 2 (09/2013 – 11/2014): During Phase 1 of this road widening and improvement project, prior to on-call contract, EPIC provided appraisal services and acquisition of 12 parcel impacts, including roadway, slope, drainage, and TCEs. For Phase 2 while under on-call contract, EPIC provided appraisal and acquisition of 16 parcels for the City. This project improved traffic flow between Clinton Keith Rd and Keller Rd. (shown left)
10+
yrs. of
service
15+
task orders
$400k+
contract
value to
date

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 7 of 20 Reference: Tami McCrossen-Orr, ITC Program Director | Trifiletti Consulting on behalf of the City of Inglewood | [email protected] | (213) 315-2121 x108

City of Inglewood
On-Call ROW & Real Property Support Services

Contract History: EPIC began working with the City of Inglewood outside of on-call contract back in 2020 to kick-off the Inglewood Transit Connector (ITC), a major proposed project for the City for a 1.6 mile fully elevated, automated guideway transit system. This initial phase of the project involved in-depth development of an acquisition and relocation plan for the numerous impacts anticipated along the project route. EPIC’s in-depth involvement resulted in an established on-call contract to provide direct relocation services to the City for the project and onwards from 2022. Our detailed understanding of the relocation assistance process for the City of Inglewood will lend itself to this on-call for the City of Indio.

Services Provided to Date: Real Estate Acquisition Management Plan (RAMP) (FTA Approved) | Draft Relocation Plan (FTA Approved) | Relocation Assistance Services (Residential & Non-Residential) | Comprehensive ROW Acquisition Services ITC Project Details:

Detailed Project Background: The City of Inglewood proposed the ITC to extend service from the LA Metro K Line Downtown Inglewood Station to the City’s major activity centers included The Forum, SoFi Stadium, Hollywood Park, and the future Inglewood Basketball and Entertainment Center in order to close the critical first/last mile transit gap in the City. The project consists of a 1.6-mile long, fully elevated, electrically powered Automated Transit System (ATS) with three stations and other supporting infrastructure.

EPIC’s Role: To kick off the project, EPIC assisted the City to draft and complete the RAMP and Draft Relocation Plan for the project, both approved by the Federal Transit Administration (FTA) after EPIC addressed comments. As part of the ongoing pre-acquisition planning tasks, EPIC is preparing Relocation Claim Forms while also reviewing and providing comments on the Policies and Procedures for Appraisal, Acquisition, & Relocation. EPIC has also attended public meetings (shown left), responding to the public’s questions regarding the ITC project and potential relocation impacts, and presentations at public hearings.

Task Order History:
• Task Order 1 – Preparation of Relocation Claim Forms for two (2) identified impacted properties; Review and Provide Comments to RE Policies and Procedures; Establish Working Files for Assigned Parcels; Respond to FTA Comments to Draft Relocation Plan; Prepare Monthly Status Report Tracking Template; Review & Update Cost Estimate and Project Budgets; Attendance at Public Hearings and Information Meetings
• Task Order 2 – Comprehensive ROW Acquisition (including Appraisal) & Relocation Assistance Services for five (5) non-residential tax parcels; Appraisal Review only of one (1) additional non-residential tax parcel • Task Order 3 – Comprehensive ROW Acquisition (including Appraisal) & Relocation Assistance Services for five (5) non-residential tax parcels 2+
yrs. of
service
3 task orders
$250k+
contract
value to
date

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 8 of 20 References: Sal Chavez, PE, Project Delivery Manager, Project Delivery Department | [email protected] | (909) 884-8276
San Bernardino County Transporation Authority
On-Call ROW & Other Specialty ROW Services

Contract History: EPIC has worked with the San Bernardino County Transportation Authority (SBCTA) on numerous on-call contracts and stand-alone contracts for more than 14 years. Specific on-call contract terms for ROW acquisition and relocation services have been held from 2012 – 2019, 2018 – 2025, and 2019 – 2026. These contracts have resulted in over 40 task orders over the years, with some of the most notable projects detailed below. This extensive experience completing projects involving federal and local funding alike, while meeting a myriad of agency requirements, will allow our teams to adapt to the City of Indio’s project needs with flexibility and as trusted right of way professionals.

Services Provided to Date: Comprehensive ROW Acquisition Services (from Cost Estimation to Escrow Coordination) | Comprehensive Relocation Assistance Services (from Relocation Plan to Successful Permanent Relocation of Impacted Property Owners & Tenants) | Specialty ROW Services As Needed (Demolition Coordination, Interim Property Management, etc.)
Project Highlights:

SR-60 & Archibald Avenue Interchange Improvements (10/2017 – 03/2023): This project reconfigured the ramps at SR-60 and Archibald Avenue, widening Archibald Avenue to increase left-turn capacity (shown left) along with upgraded pedestrian access via sidewalks, crosswalks, and curb ramps. EPIC provided comprehensive acquisition and utility coordination services including title examination, appraisal, and escrow coordination. The project involved 6 developed commercial property acquisitions and 13 utility conflicts with 5 unique utility owners.

Mount Vernon Avenue Viaduct Replacement (12/2018 – 06/2022): This Design-Build project demolish the functionally obsolete bridge over the BNSF Intermodal Yard in San Bernardino and constructed a new 1,000-foot-long bridge. EPIC provided comprehensive management of the project’s ROW program, from planning and risk assessment to acquisition negotiations, relocation assistance, interim property management, and structure demolition. During the COVID-19 pandemic, EPIC agents safely and creatively navigated the title examination, appraisal, and acquisition process to acquire rights to 45 properties, including 35 full-parcel acquisitions requiring relocation assistance for 43 residential households displaced.

EPIC supported 19 renters to use their relocation assistance benefits to become new homeowners!
SR-210 Lane Addition & Base Line Road Interchange Improvements (08/2015 – 06/2018): This project improved the interchange at Base Line Road by widening both the eastbound and westbound SR-210 on-ramps to three lanes, constructing a two-lane exit at the westbound off-ramp, and existing Base Line Road overcrossing improvements. EPIC provided comprehensive ROW project support, starting with ROW Data Sheet cost estimates all the way through easement and land acquisitions for 18 impacts, utility coordination of 14 utility conflicts, personal property only (PPO) relocations, and Caltrans ROW Certification.
12+
yrs. of
service
40+
task orders
$3.5M+
contract
value to
date

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 9 of 20 Firm of Choice for Public Agency On-Call Contracts
For over 23 years, EPIC has been a trusted real property and right of way services consultant to many local public agencies and municipalities throughout Southern California. Below lists some of the on-call contracts EPIC has provided ROW acquisition, relocation, and related services similar to this contract.

City of Anaheim
• ROW Acquisitions On-Call (2019 – 2024)
• ROW Relocation Services On-Call (2019 –
2023)
• Appraisal Services On-Call (2019 – 2023)
City of Burbank
• On-Call PSA for ROW Services (2018 – 2022)
City of Chino
• On-Call ROW Services (2018 – 2023)
City of Fullerton
• On-Call Real Property & Right of Way Services
Contract (2022 – 2025)
• On-Call Real Property & Public Right of Way
Engineering Services (2021 – 2022)
City of Glendale
• Property Acquisition and/or Property
Management Agent On-Call (2017 – 2018)
City of Irvine
• Appraisal Professional Consulting Services
(2019 – 2022)
• Consultant Team Program for ROW
Acquisition & Appraisal (2016 – 2019)
City of Lancaster
• Real Property Services/ROW
Acquisition/Mapping On-Call (2019 – 2022)
City of Los Angeles
• On-Call Appraisal Consulting Services (2023 –
2028)
• On-Call Appraisal Services (2016 – 2023)
City of Long Beach
• Real Property Services/ROW
Acquisition/Mapping On-Call (2019 – 2022)
• On-Call Acquisition, Relocation, & PM (2016 –
2019)
City of Montclair
• On-Call Consultant Services (2023 – TBD)
City of Pasadena
• On-Call ROW Services (2017 – 2022)
• On-Call Appraisal Services (2017 – 2022)
• On-Call Appraisal Services (2016 – 2017)
City of Riverside
• On-Call Appraisal Review Services (2019 –
2024)
• On-Call Property Acquisition Services (2019 –
2024)
• On-Call Property Management Services (2019
– 2024)
• On-Call Property Relocation Services (2019 –
2024)
City of Santa Ana
• On-Call Right of Way Services Contract (2023
– 2026)
• On-Call Acquisition & Relocation Services
(2015 – 2020)
City of Vista
• On-Call Property Appraisals (2017 – 2021)
County of Orange
• Appraisal Services On-Call (2021 – 2026)
• On-Call Analysis & Transaction Services
Contract (2016 – 2021)
• On-Call Relocation Assistance (2016 – 2021)
Riverside County Transportation Commission
• Property Management Services Multiple
Contracts (2015 – 2024)
• On-Call ROW Support Services Multiple
Contracts (2006 – 2025)
Orange County Transportation Authority
• On-Call Right of Way Support Services (2020 –
2024)

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 10 of 20 Subconsultant Highlights
Michael Baker International (MBI)
Survey
MBI was founded in 1940, quickly attaining recognition as a premiere full-service civil engineering and survey firm striving to make the communities they serve safer, more accessible, more environmentally sustainable, and more livable. In 1986, MBI established an office in Palm Desert to better serve its Public and Private Sector clients throughout Coachella Valley. MBI’s in-depth knowledge of local issues and conditions recognized by the Palm Desert Office, combined with the strength of resources in numerous offices throughout California and the nation allow the firm to provide regionally attentive survey services.

Contract History w/ EPIC: EPIC has served as subconsultant to MBI on 11 different project contracts; MBI has recently begun to support EPIC as subconsultant for multiple pursuits to provide survey services on contracts similar to this one.

Valued Engineering, Inc. (VEI)
Survey & Engineering Plan Review
VEI was founded in 2014 out of 80 years of combined experience from large, multinational firms. Recognized as an SBE (#1793071), VEI strives to provide clients with high-quality designs while responding to requests with nimblenes and dexterity. VEI looks to provide value to every client and every job through integrity, professionalism, and experience. Their regional office consists of nine (9) full-service professionals with the core belief to instill VEI mentality for every client and every job. Prior experience includes pedestrian improvements for Andrew Jackson Elementary, with direct coordination with the City of Indio’s Director of Public Works.

Contract History w/ EPIC: While EPIC and Valued Engineering have not yet worked together, we are excited for this opportunity to include additional survey services to support the City with a recognized SBE supporting our local professional ecosystem.

CBRE, Inc.

Real Estate Appraisal & Appraisal Review
CBRE was founded in 1906 and is now one of the largest commercial real estate services and investment firms in the world, serving over 100 countries from more than 450 offices worldwide. The CBRE Valuation & Advisory Services (VAS) Southern California team consists of 11 appraisers that specialize in serving public agencies and right of way firms. Key appraisers proposed for this contract with the City of Indio have experience completing appraisals both for the City of Indio and within the City for law firms and other entities. Additional relevant clients served include the City of Indian Wells, Coachella Valley Mountains Conservancy, and Friends of the Desert Mountains.

Contract History w/ EPIC: CBRE has supported EPIC as subconsultant to enhance our in-house appraisal capabilities on 8 different multi-year contracts in the last 8 years, including On-Call ROW Support Services for Orange County Transportation Authority (OCTA).
80+
yrs. exp
38+
yrs. w/ local
Palm
Desert
office
10+
yrs. exp
9 survey & civil
engineering
professionals
available
115+
yrs. exp
265+
yrs.
combined
appraisal
exp of
SoCal team

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 11 of 20 Scope of Work
Throughout this proposal, EPIC has demonstrated experience on other similar on-call contracts for similar municipalities and regional authorities, a fully staffed team with immediate availability to support all aspects of the scope, hand-selected professional subconsultants to best support the City, and incumbent understanding of the City’s expectations. With these qualifications and experience, we are confident that EPIC can be the City’s trusted partner for this on-call contract, your go-to professional right of way consultant for all aspects of your upcoming projects.

Project Management
EPIC will work closely with the City of Indio to review project assignments and establish clear lines of communication, procedures, and protocols to keep the team on track to reach goals. Typical communications will include client meetings, status reports to the desired frequency of City. All Acquisition services are to be provided in-house by EPIC.

Deliverables: Attendance at project meetings held by City | Status Reports (to desired frequency of the City) | Time-and-Expense Invoices
EPIC Management Strategies
For smaller projects, EPIC prioritizes budget considerations for project management by ensuring hours are allocated majorly to boots-on-the-ground right of way agents. While Project Managers are still involved, they allow their teams to focus their time when it’s needed for the project and the budget.

EPIC Project Managers review projects thoroughly at Notice to Proceed and back into an appropriate schedule to meet our client’s goals. Due to the length of time required for real estate negotiations and transactions, EPIC Project Managers understand that hitting project milestones is vital.

Often serving as a subconsultant, EPIC Project Managers understand the nuances of keeping all involved parties “in-the-know.” Status updates are often held as quick phone calls or more formal virtual or in-person meetings to discuss project developments as soon as they happen, not delaying progress.

Protecting your Schedule with EPIC Approach to Communication Through our developed relationship with various cities, we understand that projects may not always progress according to plan or that adjustments must be made. We will maintain frequent and consistent communication with the City so that your teams may turn to us as a reliable project partner for your capital improvement goals. Some strategies we have for successful communication include:

Reliably consistent check-ins with City & “on-call” availability to technical resources Early project coordination to define project specifics and City goals Regular progress reports sent to the City to detail negotiation progress Prompt response to project concerns or questions posed by the City

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 12 of 20 Title Examination
EPIC will obtain preliminary title reports (PTRs) for the affected parcels. EPIC will perform a desk review of the title reports, legal descriptions, and plat maps to verify ownership and identify any encumbrances.

EPIC will assist in clearing encumbrances prior to closing.

Deliverables: Preliminary Title Reports (PTRs)
Survey for Legals, Plat Maps, and Right of Way Map Exhibits EPIC’s subconsultant, MBI, will provide legal descriptions and plat maps per City standards for legal descriptions. In our prior experience with similar municipalities, these documents will be reviewed by the City and EPIC/MBI will address any comments that may come forth as a result of the review. The legal descriptions and exhibits shall be based upon title reports and record mapping in our experience to typically be provided by the City. Additional services MBI can perform include preparation of descriptions of properties, legal descriptions, exhibits, and other miscellaneous survey services for acquisition purposes such as topographical and field survey services.

Deliverables: Legal Descriptions and Plat Maps | Right of Way Map Exhibits Right of Way/Utility Impact Analysis & Cost Estimation
If right of way acquisitions, easements, and/or utility relocations are required on a project, EPIC can prepare a preliminary right of way and utility cost estimate that can be included in the overall project cost estimate. The approach to preparing a conceptual right of way and utility cost estimate will include:
• Reviewing impacts to adjacent parcels as identified by the proposed design, or any impacts that result from proposed construction/laydown areas.
• Calculating the fee or easement area that will need to be acquired for each impacted property • Provide estimates of utility relocation costs based on utilities identified by EPIC and plotted by the design team.
• Identifying existing improvements that may require relocation. • Estimating the total acquisition cost for all parcels including supporting costs and fees. • Estimate applicable permit costs.
• Escalate costs to anticipated right of way acquisition date.

Deliverable: Right of Way & Utility Cost Estimate | Excel of Preliminary Impact Assessments (As Needed) Appraisal Reports or Waivers
A qualified appraiser employed or subcontracted by EPIC will provide estimates and opinions of value for the impacted parcels, determining larger parcels with the same owner, when possible, to consolidate the number of appraisal reports. Appraisals will conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and regulations, where applicable. When possible, EPIC will attempt to complete waivers in lieu of appraisal reports when the value of the property being acquired is estimated at $10,000 or less. These may benefit the project with reduced time and budget, however the risk of still needing to complete an appraisal report and review will remain if a property owner is resistant to negotiations. Should federal funding be involved on a project, an appraisal and appraisal review will be required and will be coordinated by EPIC utilizing in-house appraisers and our real estate appraisal subconsultant, Riggs & Riggs, Inc. to fully satisfy the scope of work.

Deliverables: Appraisal Reports (or Waivers)

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 13 of 20 Acquisition Document Preparation & Property Owner Negotiations EPIC will negotiate with property owners for the purchase of property rights in good faith. Upon initiating the negotiation process, EPIC’s agents will establish a positive rapport, trust, and a reliable working relationship with the property owner in order to create an atmosphere in which successful negotiations can be conducted. The property owner will be given a detailed explanation of the property interest being acquired and the proposed design and construction details as it affects the property. EPIC will assign one agent to be the primary point of contact for each property owner. EPIC will advise regarding the acquisition process and the construction (timing, phasing, type, etc.). EPIC will review all project files for quality assurance to make sure all acquisition files meet all local, state, and federal laws and regulations, as well as being compliant with federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) requirements. Specifically, EPIC will:
• Prepare offer letter, summary statement, and list of compensable items, in accordance with state or federal regulations and the approval of the CITY
• Present written purchase offer to owner or their representative • Follow-up and negotiate with property owner, as necessary • Prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of all necessary property interests • Prepare impasse letters as needed
• Provide necessary documents and diary logs for litigation support in the event an acquisition is unable to be settled via voluntary means
• Transmit closed acquisition documents to the CITY
EPIC can provide eminent domain support, as needed, which will be assumed to include impasse letters and copies of owner files and diaries sent to the necessary attorneys.

Deliverables: Offer Packages Acquisition Offer Documents | Acquisition Documents including Appraisal Report containing amount of Just Compensation | Administration Settlement Memorandums (where applicable) | Impasse Letters and other required condemnation support documents (where applicable) Escrow Coordination
Once EPIC has obtained signatures from the property owner and the City on acquisition agreement(s), EPIC will open escrow with the City’s preferred escrow company. EPIC will oversee escrow instructions and will deliver them to the City for approval. EPIC will coordinate payment between the Grantor, City, and the Escrow Company. EPIC will obtain signatures on all necessary documentation such as grant deeds and temporary construction easement deeds to convey title. If the only property interests acquired are confirmed to be temporary construction easements (TCE), EPIC can work directly with the City to process an in-house escrow. In-house escrow can provide cost savings to the City through reduced escrow closing fees.

Deliverables: Escrow Documents including Escrow Instructions and Escrow Closing Schedule | Final Title Policy
Condemnation & Legal Support
EPIC will make all efforts to negotiate a fair settlement between the Client and the property owner to the point of Resolution of Necessity. If condemnation does become necessary, EPIC will prepare a summary memo outlining efforts made and the reason(s) for impasse and provide necessary documents and diary logs for litigation support. EPIC will work closely with the City’s eminent domain counsel and will prepare an impasse letter addressed to the property owner to begin condemnation tasks. Condemnation support can also include preparation of litigation briefings and recommendations and court testimony, as needed.

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 14 of 20 Each contact with concerned parties will be meticulously documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process.

Deliverables: Impasse Letters | Other Required Condemnation Support Documentation (Where Applicable)
Utility Coordination
EPIC can provide early identification of impacted utilities by issuing a Facility Map Request (FMR) letter to all utility owners identified as potentially impacted by the proposed build alternatives of a project and submit the collected facility maps and/or ‘as-built plans to the City or their design partner for compilation of the build alternative(s) Utility Exhibit. Once a preliminary Utility Plan has been compiled, EPIC can provide to the City for quality review of the Utility Map and issue a Utility Verification Letter (UVL) to the utility owners for the owner’s review of correctness of the description and depiction of the utility facilities delineated on the Utility Plan. To support the 60% design level and onwards, EPIC will prepare and issue the Relocation Claim Letter (RCL) to each utility owner in conflict. EPIC will collect the Utility Relocation Plans from each utility owner and plot utility conflicts (AutoCAD and MicroStation compatible) to develop the project Utility Plan. Once the final Utility Relocation Plans have been approved, EPIC will prepare the Notice to Owner (NTO) for approval and issue the NTO to utility owners in franchise. For any utility owners not in franchise, EPIC will coordinate with the affected utility owner and the City to develop any necessary Utility Agreements (UA). Once any necessary UAs have been approved and executed, EPIC will issue NTOs to those utility owners. If utility relocations cannot be completed prior to construction, then utility owners’ relocation work will need to be coordinated with the project staging plan and performed concurrently with construction. It is the responsibility of the utility owner to obtain all Local Public Agency (LPA) permits necessary for any relocation. EPIC can assist utility owners as necessary to obtain LPA permits. EPIC will provide Utility Coordination services in accordance with Caltrans Right-of-Way Manual (ROW-M) and the Local Assistance Procedures Manual (LAPM) standards.

Deliverables: Facility Map Request (FMR) Letters | Facility Maps/’As-Built’ Plans | Preliminary Utility Plan | Utility Verification Letters (UVL) | Relocation Claim Letter (RCL) at 60% Design | Utility Relocation Plans (sourced from utility owners) | Utility Agreement(s), drafted and executed as needed | Issued Notice to Owner (NTO)
Residential Relocation Assistance
Resident Interviews & Noticing
An EPIC Relocation Agent will be assigned to a specific resident at the start of every relocation project, allowing that agent to establish rapport with the resident or a focused group of residents throughout the project. This can alleviate stress on the residents as well by giving them a familiar face and voice to communicate with regularly throughout all the “twists and turns” of the relocation process. Once establishing a clear line of communication, typically initially over the phone, our Relocation Agent will explain the relocation assistance program and eligibility requirements for relocation payments to the impacted resident. Information and questions to be addressed during the resident interview include:
• Gender and ages of all residential occupants,
• Household incomes from all sources,
• Logistics and distance to employment,
• Utilization of neighborhood services including public transportation needs, • Identification of any special needs or health requirements, and • A copy of the lease agreement (as applicable)

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 15 of 20 All the above information will be logged in an EPIC Resident Interview template document that may be shared with the City on a case-by-case basis or in bulk for the project. In our experience, we have found that conducting site visits early in the project can be vital. Physically seeing the resident’s property and their current personal property at time of interview provides our agents with a realistic understanding of resident situations that won’t be skewed by potential inflated resident claims realizing their benefits are based on size of property and other factors. For those reasons, resident interviews are often conducted in-person, with a phone follow-up as needed.

Deliverables: Evidence of Residential Relocation Notices sent to Displacees including Notice to Temporarily Vacate, Notice to Vacate (Permanent), etc. | Resident Interview Communication Diaries Relocation Plan
Often developed concurrently as resident notices and interviews are occurring, EPIC can prepare a Relocation Plan that considers all residential displacements involved in a project to analyze relocation options, anticipate all costs, outline the needs of the residents, and outline a plan to process relocation assistance payment claims for eligible residents. The Relocation Plan will verify the displaced residents, conduct survey and analysis of relocation needs and available relocation resources, identify forms needed for displaced residents under California state law, potential relocation assistance costs, and identify the City’s appeal process. The Relocation Plan will be prepared in accordance with California Code of Regulations, Title 25, § 6038. Upon completion, a draft Relocation Plan will be provided to the City for review and approval, with at least 30 days allowed for your team’s review and analysis. During the Relocation Plan phase, EPIC will establish all vendors working on the project and possible expenses (i.e. benefits, hotel stays, etc.), determining the advance payment procedures for vendors and/or set up trust account(s) to keep the project progressing smoothly. The Relocation Plan will include:
• Diagram or sketch of the project area,
• Anticipated dates of displacement
• Written analysis of resident relocation needs and how they’ll be met, • Detailed description of the relocation advisory services program, • Equitable treatment plan of all displaced residents, whether permanent or temporary, • Information Statement, and
• Discussion of coordination activities with steps toward a successful relocation project.

Deliverables: Relocation Plan (As Applicable)
Residential Relocation Assistance
To prepare for the move-cycle of impacted residents, EPIC’s designated relocation agents per resident will coordinate with them directly to ensure they are prepared for their assigned move-out, move-back (temporary relocation), or move-in (permanent relocation). We will confirm all needs are in place, such as booked long-stay hotel accommodation, travel accommodations, moving vendor coordination for packing/transporting, and Decent, Safe, & Sanitary inspections are completed, as needed. Any unique needs of the resident will also be coordinated, such as pets, disability accommodations, or translation services, to help alleviate as much stress as possible during their moves. Depending on the CITY’s preferences per project, EPIC can coordinate the appropriate payment methods in advance of resident move-out and move-back/move-in days to ensure the process runs smoothly. On the day of resident moves, the designated EPIC Relocation Agent for those residents will be present to support them.

Another approach EPIC can take to streamline the move-cycle is to set up trust accounts to pay residents for their allocated relocation benefits, such as food per diem. In this process, we will cut a check directly

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 16 of 20 EPIC’s dedication to successful
relocation services assisted
19 former renters to become
new homeowners
through the relocation assistance
process and benefits packages
coordinated by EPIC out of the 43
total residential relocation impacts
for the SBCTA Mount Vernon Avenue
Viaduct Replacement in San
Bernardino.
from the established trust account with the City to the resident, maintain a tracking log of the checks, then send that log to the City for your records.

Move days for temporary relocations start with an on-site EPIC Team pre-briefing, to restate which residents will be moved, what order they will be moved in, where their designated replacement unit is located, and what challenges are anticipated. Permanent relocation moves may be coordinated independently with the resident and their assigned EPIC Relocation Agent to confirm their needs are met or handled independently by the resident themselves. Should a unique situation arise during a move day that requires escalation, a field call will be made to the City to describe the issue, recommend a solution ,and receive instruction of how to proceed. To properly execute relocation assistance for all impacted residents, EPIC will follow these steps for each of the different moving instances:

Steps to Move-Out

1. EPIC’s designated Relocation Agents will contact the specific residents approximately one (1) week prior, if possible, as a reminder of their packing date and vacate date. For temporary relocations, residents will be provided will all the hotel or apartment information for their temporary stay.

2. On the vacate date, EPIC Relocation Agents will inspect the resident’s unit to ensure all personal items have been removed and execute the Certificate of Abandonment. This may be excluded if the project allows for items to remain in the resident’s unit during the project.

3. For temporary relocations, the EPIC Relocation Agent will follow-up with the hotel or apartment property management to ensure that all residents have checked in or moved fully into their temporary accommodations.

Steps to Move-Back (Temporary)

1. EPIC’s designated Relocation Agents will be remaining in contact with the resident at regular intervals during the temporary relocation, ensuring that the resident is aware of their moveback date and have appropriate resources to prepare (i.e., moving boxes, transportation, etc.).

2. The assigned Relocation Agent will meet with the resident at their unit and inspect the unit to confirm livable conditions. A claim sheet will be provided to the resident at this time in case there are any work deficiencies or damaged personal property.

3. Benefits checks are provided to the resident upon completion of their move-back.

Steps to Move-In to Replacement Housing (Permanent)

1. Should EPIC be coordinating the resident’s permanent relocation, the designated Relocation Agent will ensure that the moving vendor and the resident(s) arrive successfully at the new location. Our Relocation Agent can support the
resident with any unique requests or questions as the need arises.
a. Should the resident be handling their permanent
relocation independently, EPIC will ensure that the
resident’s entitled benefit checks are provided to cover valid relocation expenditures.

2. For an EPIC coordinated permanent relocation, the
designated Relocation Agent will perform a Decent, Safe, & Sanitary (DS&S) inspection of the new unit or home to ensure

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 17 of 20 it is up to necessary standards.

Deliverables: Status Reports to the City Regarding Status of Individual Relocations | Resident Communication Diaries | Resident Benefit Claims (As Applicable) Final Documentation & Project Closeout
EPIC will prepare the final documentation package for submittal to the City in your preferred format to approve the relocation process has been completed in accordance with prevailing regulations. This final document package may include, but is not limited to,
• All signed documents and original signatures of displacees • Diary of communication with all impacted displacees
• Other relevant relocation information
Impacted displacees have 18 months to file relocation benefit claims after their move. During this time, EPIC will remain responsive to the resident for any questions or concerns and promptly forward claims to the City for review. Our team will remind displacees of this opportunity to file a claim regularly, which is made easier by detailed documentation to understand who has filed their claims and who hasn’t.

Deliverables: Certificate of Abandonment
Non-Residential Relocation Assistance
Occupant Interview and Notices
To initiate the relocation process, an assigned EPIC Relocation Agent will make direct contact with an authorized representative of the business and explain the relocation assistance program and eligibility requirements for relocation payments to the impacted business owner and/or tenant occupant. The agent will maintain a diary of relocation details and communications, capturing all salient conversations, discussions, emails, and other pertinent information with owners and representatives. During the interview, they will also request a copy of the lease agreement, business license and business tax returns, as needed.

EPIC will prepare the following notices for each non-residential impact on a project:
a. General Information Notice (GIN)
b. Business Interview Form
c. Informational Brochure
d. Certificate of Lawful Presence
e. Notice of Eligibility (NOE)—Non-Residential/Business Occupant f. 90-Day Notice to Vacate [required by federal law]
g. 60/30-Day Notice to Vacate [as necessary, per CITY’s preference] Deliverables: Evidence of Non-Residential Relocation Notices sent to Displacees | Non-Residential Representative Interview Communication Diaries

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 18 of 20 Relocation Plan
As needed, EPIC will prepare a Relocation Plan that considers all non-residential business displacements involved on the project to analyze relocation options, anticipate all costs, outline the needs of residents, and outline plan for claim disbursements. The plan will verify the feasibility of anticipated relocations and forms an itemized project budget, including lodging, meal, transportation, and moving expenses. To prepare the Relocation Plan, EPIC will interview displaced occupants multiple times to understand challenges and better estimate relocation costs. The Relocation Plan will be prepared in accordance with state guidelines, rules, and regulations including URA and California Code of Regulations Title 25, § 6038.

The Relocation Plan will be submitted to the City for review and EPIC will perform edits as needed and memorialize the final approved version.

Deliverables: Relocation Plan (As Applicable)
Fixtures & Equipment (F&E) Appraisal Coordination
For any property improvements constructed by the Lessee and/or Business Occupants, the CITY (or a service provider selected by the CITY) will conduct a Fixtures and Equipment (F&E) appraisal. Should support be needed, EPIC can leverage our relationships with F&E appraisers to obtain the appropriate information and report needed per task order. EPIC will review the F&E appraisals and provide copies to the owner and tenant with all valuations redacted. EPIC will resolve any disagreement between owner and tenant claim of ownership, how an item is categorized, and compensation to be paid between owner and tenant. EPIC’s agents will obtain notarized Statement of Ownership documents from both owner and tenant and will execute a bill of sale to the tenant. When needed, EPIC will provide loss of business goodwill letter and documentation to the impacted business occupant(s).

Deliverables: F&E Offer | Loss of Business Goodwill Documentation Non-Residential Relocation Assistance
All entities who may be eligible for relocation entitlements must have their rights fully explained as early as possible. As part of relocation advisory assistance, it is important to establish a clear line of communication with the displaced business owner/tenant. EPIC will provide the following services during the Relocation Process:
a. Thoroughly explain relocation entitlements to the tenants per California State Regulations b. Relocation Advisory Assistance (i.e., review lease agreements for replacement site, as needed)
c. Secure move bids
d. Process claims for displacees (Fixed Moving Payment Claim for occupants; Relocation Assistance Claim for tenant and/or owner occupant; deliver payments) e. Moving/Reestablishment/Searching or Fixed Payment In-Lieu of Actual Moving and Related Expense Claim for business occupant
Deliverables: Status Reports to the City Regarding Status of Individual Relocations | Non-Residential Representative Communication Diaries | Non-Residential Representative Benefit Claims (As Applicable) File Close-Out & Documentation
EPIC will prepare the final relocation package for submittal to the City to commence the process for document review and requesting of Relocation funds. Such package shall include but not be limited to: (i) all signed documents and original signatures of owners; (ii) diary; and (iii) other relevant Relocation information. Such documentation shall be on the City’s preferred forms unless otherwise permitted.

Deliverables: Certificate of Abandonment | Bill of Sale

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 19 of 20 Interim Property Management
EPIC’s property management specialists have years of experience managing hundreds of business and residential properties for public agencies. For this on-call contract, EPIC property management services may include:
• Rent collection on leased property agreements using the City's preferred system. • Comprehensive tenant management, including lease management, new lease updates or agreements (as needed), tenant estoppals, Certificates of Insurance (COI), and a comprehensive tenant tracker for the City’s use. This tracker will allow the City to see at a glance tenant lease status, insurance status, and other important information. • Routine building maintenance/site inspections supported by well-established vendor relationships, including graffiti removal, vandalism remediation, plumbing, electrical, weed abatement, and general building infrastructure maintenance. • Secure properties with fencing, board-ups, locks, and security of vacant buildings, as necessary.

This includes contracting directly with a security vendor subconsultant as needed. • Coordinate with pest control mitigation companies, as needed, for vector control. • Establish utility billing close out and transfer to the City following tenant vacancy (as applicable) • Provide immediate emergency response and law enforcement engagement (602 Trespass Notices).
• As needed, hazardous materials testing and abatement, and demolition and site clearance coordination.

As needed, EPIC will coordinate with necessary vendors and contractors to provide support for property management services such as building maintenance, site inspections, security fencing/board ups, and others. For each task order that presents a need for these subconsultants, EPIC will procure competitive bids from multiple relationships we hold with various vendors to present the City with an optimal consultant for the project scenario.

Deliverables: Tenant Tracker of Leased Properties | Regular Status Reports | Competitive Bids for Services Needed per Task Order

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City of Indio | RFQ to provide On-Call Professional Right of Way Services Creating Land Solutions for the Public Good | Page 20 of 20 People, Processes, & Tools for Project Success
Project Controls and effective project management involves the talents of EPIC People, the proven procedures and EPIC Processes developed over 24 years of right of way project management, and the power leveraged through EPIC Technology involving enterprise software tools (like Microsoft and time management tracking software) and proprietary platforms to track and relay right of way project management information in a spatial GIS map database and sophisticated at-a-glance reporting dashboards.

EPIC People EPIC Processes EPIC Technology

Culture of Excellence
• Licensed and International Right of
Way Association (IRWA)-certified staff
• Specialty departments for Appraisal,
Utility Coordination, and GIS Analytics
• “EPIC University” internal
professional development program
• Project Manager mentorship program
• CLSLiNK Map—Proprietary GIS
mapping and reporting platform
for comprehensive, customizable
right of way project management

Communication
• Staff “stand-up” meetings
• Agents are trained in professional
communication and negotiation skills
• Kickoff meeting for every project
• Designated Project Manager
• Designated Point of Contact assigned
for every property owner
• Microsoft Teams
• Email
• Phone
• Public Hotline (As Applicable)

Quality & Document
Controls
• QA/QC process engages every level of
staff
• Peer review of documentation
• Manager “spot checks” for quality
assurance
• QA/QC Checklists for each right of
way deliverable
• Procedures follow Caltrans LAPM and
Right of Way Manual for audit-ready
documentation, no matter your
project funding sources
• Microsoft SharePoint document
management and collaboration
tool in redundant, cloud
environment

Cost Containment
• Dedicated Accounting/Financial
Controls Team
• Each project is assigned a designated
budget controls accountant
• Weekly & monthly financial meetings
• Project Managers are engaged in the
development of the project budget
from outset
• BST Global—Best-in-class
accounting software for time
tracking and invoicing

Schedule Controls
• Project managers are accustomed to
initiating concurrent tasks to meet
stringent schedule goals (e.g.
appraisals and document preparation
to compile the acquisition offer
package can happen concurrently to
save time)
• Regular status reports are provided
to the client for each task order
assignment/project
• CLSLiNK Map tool logs and reports
on milestone achievement dates
to track progress

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APPENDIX
Proposed Contract Changes &
Full Key Staff Resumes

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Agreements for Professional Services to perform As-Needed Professional R... Page 274 of 1755 Creating Land Solutions for the Public Good | Page 1 of 1 Epic Land Solutions, Inc.

Inland Empire Regional Office
3850 Vine Street, Suite 200
Riverside, CA 92507
(951) 321-1800
epicland.com
May 8, 2024
City of Indio, Public Works
Attn: Don Uyeno
100 Civic Center Mall
Indio, CA 92201
[email protected] | (760) 391-4028
Submitted via PlanetBids
RE: City of Indio Request for Qualifications (RFQ) to provide On-Call Professional Right of Way Services – Proposed Contract Changes
Dear Mr. Uyeno and Applicable Parties,
Epic Land Solutions, Inc. (EPIC) respectfully requests the following adjustments to the City of Indio Standard Agreement for Professional Services that was provided with the subject line RFQ as Attachment 2. Should these adjustments not be possible, EPIC will still accept the terms of the agreement; however, consideration of these adjustments are greatly appreciated.  Referencing Section 16(a) – Indemnification. EPIC respectfully requests the removal of the word “sole” from the phrase “sole negligence” in the following excerpt from the noted section:
“Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.”
 Referencing Section 17 – Insurance. EPIC respectfully requests deletion of the last sentence of this section in its entirety: “Consultant agrees to provide City with copies of required policies upon request.” EPIC intends to provide Certificates of Insurance, not copies of the policies.

Thank you for your consideration of these proposed contract language changes.

Sincerely,
Epic Land Solutions, Inc.

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DARCY MENDOZA, SR/WA, R/W-NAC

PROJECT MANAGER
Darcy is a senior right of way professional with recent experience managing real estate transactions for CVAG, City of Palm Springs, and other similar public agencies throughout Riverside County. She has been involved in all aspects of right of way project management, including quality assurance and oversight for title examination and clearance, acquisition negotiations, escrow coordination, encroachment procedures, and relocation services. Prior to EPIC, Darcy was a Title & Escrow Officer for a diverse range of customers throughout Southern California and has a strong understanding of complexities related to real property transacting. Darcy has also provided long-term and interim property management services for over 500 properties acquired by RCTC and SBCTA over the past few years, coordinating a wide variety of tasks including collection of rent, lease and license management, and routine inspections. As Indio’s Project Manager for this on-call, Darcy will oversee assignment of task orders to the appropriate EPIC inhouse and subconsultant resources, ensuring project quality and cost are monitored effectively per task order.

NOTABLE EXPERIENCE
South Palm Canyon Drive/Indian Canyon Drive/Camino Parocela Roundabout, City of Palm Springs, CA: The City is improving traffic operations and pedestrian accessibility in a new roundabout project planned for the intersection of South Palm Canyon Drive/Indian Canyon Drive/Camino Parocela. EPIC is the sole-source right of way subconsultant to the design engineer on-call to the City for various traffic engineering projects. Darcy is the Right of Way Project Manager overseeing the delivery of right of way acquisition from up to five (5) property interests impacted by the roadway improvements. She is leading the EPIC team in delivering comprehensive right of way services, including title, escrow, appraisal, and acquisition negotiations with impacted property owners.

Active Transportation Program (ATP) Safety Projects, Coachella Valley Association of Governments (CVAG), Cathedral City, CA: EPIC is the subconsultant to the engineer designing ATP pedestrian and bicycle improvements in the Cathedral City area. Darcy is the Acquisition Lead delivering quality review of Preliminary Title Reports, coordination of appraisal and escrow services, preparation of offer packages, and performing negotiations to acquire rights to three (3) property interestsimpacted by the proposed safety improvements. Due to federal aid, Darcy will compile documentation required to obtain Caltrans Certification Level 1 or 2 at project close-out.

Bundy Canyon Road & Scott Road Widening, City of Menifee, CA: Bundy Canyon/Scott Road is a two-lane rural corridor in southwest Riverside County between Interstate 15 and Interstate 215. With partial funding from the Western Riverside Council of Governments (WRCOG), the City of Menifee in partnership with the City of Wildomar is widening this three-mile corridor to six lanes from Haun Road to city limits at Sunset Avenue to improve safety and traffic flow. Darcy is managing the right of way agent and utility coordination teams at EPIC as they acquire rights to 60 property interests and over 30 utility facilities in conflict with the planned road widening. The City is applying for additional funding through federal grant programs.

EPIC LAND SOLUTIONS, INC.

YEARS OF EXPERIENCE
21 (12 with EPIC)

LICENSURE
Real Estate Salesperson, CA #02004708
Notary Public, CA Commission
#2330562

CERTIFICATIONS
Senior Right of Way Professional
(SR/WA), International Right of Way
Association (IRWA)
Right of Way Negotiation/Acquisition
Specialist Certification (R/W-NAC),
IRWA
Railway Worker Safety Training
Certificate, SCRRA/Metrolink

ASSOCIATIONS
President (Elect), IRWA Chapter 57
Inland Empire
Former Events Chair, Board of
Directors, IRWA Chapter 57 Inland
Empire
Member, WTS Inland Empire chapter

EDUCATION
General Studies, Saddleback College,
Mission Viejo & Mt. San Jacinto College

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Agreements for Professional Services to perform As-Needed Professional R... Page 276 of 1755 DARCY MENDOZA, SR/WA, R/W-NAC | PROJECT MANAGER
Safe Routes to Schools (SRTS) Pedestrian Improvements, City of Fontana, CA: This federally funded project constructs continuous sidewalk facilities, ADA curb ramps, marked bicycle lanes, and enhanced pedestrian crossings with marking and signage to create safe pedestrian and bicycle routes that connect to local schools. Darcy is leading the right of way agent team that is providing the City with property acquisition services. Temporary Constriction Easements (TCEs) and permanent easement rights were required from 18 tax parcels owned by 16 entities, mostly residential owners. Tasks include title review, appraisal, appraisal review, acquisition negotiations, and escrow coordination in accordance with local and state guidelines. At the close of the project, Darcy provided quality oversight of the documentation package that the EPIC team submitted to obtain Caltrans Right of Way Certification clearance.

Murrieta Hot Springs Road Improvements Project (CIP No. 8079), City of Murrieta, CA: The project widens Murrieta Hot Springs Road from a 4-lane roadway to a 6-lane roadway between Via Princesa and Winchester Road and restriped from a 4-lane roadway to a 6-lane roadway between Margarita Road and Via Princesa. In addition to the roadway widening, this project will also construct bike lanes, curb access ramps, a curbed median, gutters, catch basins, storm drains, and sidewalks along most of the alignment and both sides of the roadway. Darcy managed the right of way acquisition tasks on behalf of the City to obtain partial rights to 12 property interests impacted by the project. Darcy oversaw the completion of title examination, appraisal valuations, offer package preparation, negotiations with property owners, and escrow coordination to obtain the final deeds. For this project, Darcy also negotiated with an HOA Board of Directors for acquisition of condominium common property area.

Kalmia Street and Memorial Way Excess Land Sales, City of Murrieta, CA: As Real Estate Sales Lead for this assignment, Darcy is collaborating with the City to complete the sale of three (3) City-owned parcels under the Surplus Land Act.

Two of the parcels are portions of a larger parcel owned by the City which is currently utilized for overflow parking and will possibly be used for future developments. The cumulative vacant property area, located near the City’s town square, totals approximately 8.66 acres, with each a minimum of 1.5 acres in size. Darcy’s tasks include obtaining PTRs, reviewing property documentation, preparing and mailing notice of intention to Sell Real Property and Offer for Sale letters to local agencies, assembling the Data Sheet and RFO package, reaching out to interested parties, advertising the property, conducting property walks, reviewing offers, preparing a staff report for approval of selected party, preparing the purchase agreement, overseeing escrow, and closing out the file.

Property Management Services On-Call Contract, Riverside County Transportation Commission (RCTC), Riverside County, CA: As the Senior Property Manager for RCTC, Darcy oversees the staff that reviews and upgrades licenses and leases on RCTC property, performs the entire scope of work to dispose of excess lands in accordance with the California Surplus Land Act, certifies highway rights of way with Caltrans, developed a property management and tenant contract database for the agency, reviews and resolves title and boundary issues on an ongoing basis, orders and oversees real property appraisals for insurance purposes—Darcy has even drafted RCTC’s official policies and procedures for property management and other real estate matters. Her work requires coordination with BNSF, Metrolink, and the planning departments, police, and code enforcement authorities from the City of Riverside, City of Moreno Valley, City of Perris, City of San Jacinto, and City of Hemet. For example, Darcy worked closely with BNSF Railway on behalf of RCTC to convert more than a dozen easement owned parcels to fee along the San Jacinto Branch Line and assisted RCTC with clearing up title deficiencies with the assessor. As part of a lease/license file inventorying process, Darcy is leading the team that is reviewing the documents, performing site visits to verify facilities, identifying contractual deficiencies, identifying unauthorized encroachments, and recommending and implementing resolutions while monitoring and updating project databases. Other tasks involve creating new licenses for private use owners, tracking delinquent payments, and updating insurance certificates.

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Agreements for Professional Services to perform As-Needed Professional R... Page 277 of 1755 State of California
Real Estate Commissioner
Department of Real Estate
Real Estate Salesperson License
Darcy Mendoza

BROKER AFFILIATION

EPIC LAND SOLUTIONS INC
2601 AIRPORT DR UNIT 115
TORRANCE, CA 90505
Identification Number: 02004708 Issued: April 27, 2024 Expires: April 26, 2028

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ADDIEL FLORES, RWA

ASSISTANT PROJECT MANAGER
A project leader for EPIC’s City of Inglewood ITC project, Addiel has over 10 years of experience supporting public agencies. He is experienced with the acquisition of property subject to eminent domain in California and has coordinated the sale of remnant land on behalf of government entities. Addiel has extensive experience locating suitable replacement housing and business sites throughout multiple states for displaced tenants. Addiel has completed over 500 successful relocations throughout his career for municipalities, public agencies, and housing authorities.

He is a veteran of the United States Army, having served from August 2000 through February 2012. As Assistant Project Manager, Addiel will support Darcy through day-to-day management of EPIC’s in-house resources and subconsultants per task order, with direct involvement in acquisition negotiations, relocation assistance interviews, notice preparation, and other services to support his teams per task order.

NOTABLE EXPERIENCE
Inglewood Transit Connector (ITC) Project, City of Inglewood, CA: The Inglewood Transit Connector Project is a 1.6-mile (2.6 km) fully elevated, automated guideway transit system proposed in Inglewood, California that will connect the Downtown Inglewood station on the K Line of the Los Angeles Metro Rail system to the major sports and entertainment venues. As part of ongoing pre-acquisition planning tasks for the ITC project, Addiel is assisting with responses to FTA comments on Relocation Plan and is preparing Relocation Claim Forms and reviewing and providing comments to the Appraisal Policy and Procedures, Acquisition Policies and Procedures, and Relocation Policies and Procedures for the project. Addiel is also performing title review, appraisal coordination, and preparing offer packages for commercial land acquisitions.

Pennsylvania Avenue Widening, City of Beaumont, CA: The first phase of this project consists of widening Pennsylvania Avenue to four lanes between First Street and Sixth Street. This portion of the project will also include protected dual left turns from northbound Pennsylvania Ave to westbound Sixth Street. Next phases of the project will include expanding the existing interchange to include new eastbound off-ramp and westbound on-ramp and a grade separation at the railroad tracks. Currently as Right of Way Lead, Addiel is performing right of way acquisition services including title examination and overseeing property valuation for one (1) tax parcel.

Western Riverside County Regional Conservation Authority (RCA), Property Owner Outreach for Conservation Land Acquisitions, Riverside County, CA: Addiel performed property owner outreach for voluntary land acquisitions (“willing seller”) for habitat conservation efforts related to the Multiple Species Habitat Conservation Plan (MSHCP), which seeks to preserve and expand open space for wildlife and plant life in Riverside County. For 100+ property owners, Addiel researched and logged contact information and approached each property to participate in the land conservation program. He made hundreds of communication attempts in writing, by phone, and by in-person site visits. For reporting purposes, Addiel and the EPIC team also maintain a spreadsheet of contact information and diary of communication history.

EPIC LAND SOLUTIONS, INC.

YEARS OF EXPERIENCE
10 (1+ with EPIC)

LICENSURE
Real Estate Broker, CA #01944802

CERTIFICATIONS
Certified Right of Way Agent (RWA),
International Right of Way Association
(IRWA)

EDUCATION
BS, Business Administration/Real Estate,
California State Polytechnic University,
Pomona

IRWA COURSEWORK
Non-Residential Relocation Assistance
Real Estate Negotiations
Principal of Real Estate Appraisals
Alternative Dispute Resolution
Principals of Land Acquisition

LANGUAGE SKILLS
Bilingual (English/Spanish Fluency)

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Agreements for Professional Services to perform As-Needed Professional R... Page 279 of 1755 ADDIEL FLORES, RWA | ASSISTANT PROJECT MANAGER
Santa Gertrudis Creek Trail Phase II, Margarita Road Under Crossing, City of Temecula, CA: The City is constructing a bicycle/pedestrian multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail. The proposed undercrossing would improve safety at this location by removing the need for an at-grade crossing of the heavily traveled Margarita Road, which is a four-lane divided collector roadway. Addiel is part of the team performing title review, appraisal oversight, acquisition negotiation, escrow services and file closeout. EPIC’s scope also includes utility coordination services and coordination with Riverside County Flood Control.

Safe Routes to Schools (SRTS) Pedestrian Improvement Project, City of Fontana, CA: This federally funded Active Transportation Program (ATP) project constructs continuous sidewalk facilities, ADA curb ramps, marked bicycle lanes, and enhanced pedestrian crossings with marking and signage to create safe pedestrian and bicycle routes that connect to local schools. Temporary Constriction Easements (TCEs) and permanent easement rights were required from 18 tax parcels owned by 16 entities, mostly residential owners. Addiel was the Acquisition Lead that negotiated with each property owner impacted in this project and successfully acquired all property rights by voluntary agreement. As soon as a few files close escrow, Addiel will compile all documentation required to obtain Caltrans Right of Way Certification.

Knollwood Circle Sanitary Sewer Improvements, City of Anaheim, CA: The City of Anaheim is replacing structurally deficient sewer pipe segments in medium density residential areas of the City to address capacity constraints and operational deficiencies. The new sewer pipeline will improve reliability for the properties in the service area and provide additional capacity to accommodate flow increases from future growth. The new sewer pipeline will begin at the north end of Knollwood Circle, cross through the private properties at 1210 N Knollwood Circle and 1201 N Magnolia Avenue, terminating in Magnolia Avenue. Addiel took over the project as Project Manager near its completion, overseeing final quality and completion of real estate valuations, acquisition negotiations, and escrow for Temporary Construction Easement (TCEs) that needed to be obtained to construct the improvements. One of these final acquisitions included a negotiation with a Meals on Wheels impacted parcel.

Pedestrian Bridge Overcrossing, City of Pico Rivera, CA: EPIC is the subconsultant to the design engineer selected by the City to the design and construction of a pedestrian bridge over the San Gabriel River and a Class IV bikeway along Mines Avenue. As the Lead Acquisition Agent, Addiel is performing acquisition negotiations to obtain temporary construction easements (TCEs), permanent and temporary easements, licenses, and encroachment permits on behalf of the City of Pico Rivera.

Florence Avenue/Eastern Avenue Intersection Improvements, City of Bell Gardens, CA: The City’s System Safety Analysis Report identified 37 separate signalized and non-signalized intersections in the City to install safety improvements to reduce collisions and improve safety. The High Accident Location Analysis prioritized the Eastern/Florence intersection for upgrades to signals, controllers, timings, ADA ramps, and pedestrian-focused modifications. The project also included a widening of westbound Florence Avenue, impacting two (2) commercial parcels at the northeasterly corner of the intersection. Addiel is supporting comprehensive title review, appraisal, and right of way engineering oversight services to provide clarity for property dedications. Complex considerations in this project included loss of parking spaces in commercial shopping center, impacts to access driveways, a monument sign, and landscaping.

Property Maintenance Services for Commission-Owned Real Properties, Riverside County Transportation Commission (RCTC), Riverside County, CA: For this task order assignment from EPIC’s On-Call Right of Way Support Services contract with RCTC, Addiel is part of a small team inventorying approximately 300 permitted and unpermitted encroachments within RCTC’s rail rights of way. The work involves identifying, verifying, and resolution of encroachment issues throughout the rail corridors RCTC owns and manages.

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Agreements for Professional Services to perform As-Needed Professional R... Page 280 of 1755 State of California
Real Estate Commissioner
Department of Real Estate
Real Estate Broker License
Addiel Flores

MAIN OFFICE ADDRESS FICTITIOUS BUSINESS NAME
10356 WELLS AVE
RIVERSIDE, CA 92505 • SENOVA REALTY
Identification Number: 01944802 Issued: March 14, 2021 Expires: March 13, 2025

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TYLER KELLEHER, RWA

SENIOR RIGHT OF WAY AGENT
As a designated Professional Right of Way Agent (RWA) through the International Right of Way Association (IRWA), Tyler brings thorough understanding of the City’s expectations through work with Albert A. Webb Associates for the Jackson Street & Avenue 50 Intersection Improvements. Additional local and similar municipal roadway improvement experience makes Tyler a valuable asset to the City of this on-call. She excels in professional communication with project managers and property owners alike and protects project funding through careful documentation and maintenance of project milestone targets. As Senior ROW Agent, Tyler will provide direct support, specializing in title examination, offer package preparation, owner negotiations, and Caltrans ROW Certification documentation.

NOTABLE EXPERIENCE
Jackson Street and Avenue 50 Intersection Improvements, City of Indio, CA: The City of Indio is improving the intersection of Avenue 50 and Jackson Street and widening the two streets. EPIC is teamed with the Design Engineer to acquire property rights from up to 13 parcels within the project right of way impacting up to 9 unique owners. Tyler obtained and reviewed preliminary title reports; one of which was subject to 36 unrecorded deeds on the property and had its property ownership divided several times. Tyler’s efforts to clear this title report with EPIC’s subconsultant ensured that the acquisition offer was made to the correct owner.

Avenue 50 Improvements from West City Limits to Cesar Chavez Street, City of Coachella, CA: EPIC is the right of way services subconsultant to the design engineer for the project. This project improves 1.5 miles of Avenue 50 by installing new curb/gutter, pavement replacement/rehabilitation, auxiliary turn lanes, class II bike lanes, sidewalks, new signals, landscaping, and other safety, traffic, and erosion controls. Tyler supported the delivery of title clearance, appraisal reports, offer packages, acquisition negotiation, and escrow coordination for four (4) property interests impacted by the project—including two (2) residential properties that were fully acquired and required relocation assistance in accordance with Uniform Act guidelines.

South Palm Canyon Drive/Indian Canyon Drive/Camino Parocela Roundabout, City of Palm Springs, CA: The City is improving traffic operations and pedestrian accessibility in a new roundabout project planned for the intersection of South Palm Canyon Drive/Indian Canyon Drive/Camino Parocela. EPIC is the sole-source right of way subconsultant to the design engineer on-call to the City for various traffic engineering projects. EPIC is overseeing the delivery of right of way acquisition from up to 5 property interests impacted by the roadway improvements. Tyler and the EPIC team are delivering comprehensive right of way services, including title examination, appraisal coordination, acquisition negotiations, and escrow coordination with impacted property owners to acquire the rights on behalf of the City. Specifically, Tyler assisted in preparing the offer packages for the impacted property owners.

EPIC LAND SOLUTIONS, INC.

YEARS OF EXPERIENCE
6 (4 with EPIC)

LICENSURE
Real Estate Salesperson, CA #02129531
Notary Public, CA Commission
#2347113

CERTIFICATIONS
Professional Right of Way Agent (RWA),
International Right of Way Association
(IRWA)

EDUCATION
General Studies, George Mason
University
B.A., Political Science, San Diego State
University

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Indio City CouncilJune 19, 2024

Indio City Council
June 19, 2024