Agenda packet — Needles City Council, March 25, 2025 (part 1 of 2)

(ACT) ACTION NEEDED
(INF) INFORMATION ONLY
(DIS) DISCRETIONARY
AGENDA

REGULAR MEETING OF THE CITY COUNCIL

NEEDLES PUBLIC UTILITY AUTHORITY

HOUSING AUTHORITY CITY OF NEEDLES

CITY OF NEEDLES, CALIFORNIA
EL GARCES – 950 FRONT STREET, NEEDLES
TUESDAY, MARCH 25, 2025
COUNCIL EXECUTIVE SESSION – 5:30 PM
CITY COUNCIL MEETING – 6:00 PM

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OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 420 644 62# The meetings are being recorded.

CALL TO ORDER

ROLL CALL

RECESS THE CITY COUNCIL MEETING AND CONVENE A JOINT COUNCIL / NPUA MEETING

PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS A three-minute time limit per person has been established.

RECESS TO EXECUTIVE SESSION

EXECUTIVE SESSION
a. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). One potential Case.

CALL TO ORDER

ROLL CALL
EXECUTIVE SESSION REPORT - by City Attorney

PLEDGE OF ALLEGIANCE

INVOCATION

APPROVAL OF AGENDA

CONFLICT OF INTEREST

CORRESPONDENCE

INTRODUCTIONS
CITY ATTORNEY – Parliamentary Procedures
As a courtesy to those in attendance, we would ask that cell phones be turned off or set in their silent mode. Thank you
PUBLIC APPEARANCE - Persons wishing to address the NPUA / City Council on subjects other than those scheduled are requested to do so at this time. When called by the Mayor, please announce your name and address for the record. In order to conduct a timely meeting, a three-minute time limit per person has been established by Municipal Code Section 2-18. Amendments to the California Government Code Section 54950 prohibits the City Council from taking action on a specific item until it appears on the agenda.

PRESENTATION
(A ten-minute time limit per presentation has been established per Municipal Code Section 2-18.)

1. Mayor Jernigan will present a Proclamation declaring April 2025 Child Abuse Prevention Month

INTERVIEWS

2. Interviews / appointments to fill the vacancy on the Board of Public Utilities due to the retirement of Mike Schneider.

PUBLIC HEARING

3. Public Hearing for Annual Account of Development Impact Fees for FY 24  Staff Report
 Council questions of staff
 Mayor to open the public hearing
 Public Comment
 Mayor to close the public hearing
 Council Discussion / Deliberation
 Approve the Annual Accounting for Development Impact Fees FY 24 report

4. Adopt Resolution 2025-16 approving a Conditional Use Permit, for the construction of a new 185-foot wireless telecommunication facility (monopole) for Verizon Wireless, located south of National Old Trails Highway and north of I-40 (APN: 0660-162-07-0000), within the Highway Commercial (C-3) Land Use Zoning Designation.
 Staff Report
 Council questions of staff
 Mayor to open the public hearing
 Public Comment
 Mayor to close the public hearing
 Council Discussion / Deliberation
 Adopt Resolution 2025-16 approving a Conditional Use Permit, for the construction of a new 185-foot wireless telecommunication facility (monopole) for Verizon Wireless, located south of National Old Trails Highway and north of I-40 (APN: 0660-162-07-0000), within the Highway Commercial (C-3) Land Use Zoning Designation.

PUBLIC COMMENTS PERTAINING TO THE NPUA/COUNCIL ITEMS
A three-minute time limit per person has been established.

NPUA / COUNCIL CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the NPUA / City Council may pull an item from the Consent Calendar for discussion. Prior to NPUA / Council action, a member of the public may address the NPUA / City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. RECOMMENDED ACTION: Approve Items 5 through 10 on the Consent Calendar by affirmative roll call vote (ACT)

5. Authorize the City Manager to execute the 2025 California Forbearance Agreement on behalf of the City of Needles along with Coachella Valley Water District, Imperial Irrigation District, The Metropolitan Water District of Southern California, Palo Verde Irrigation District

6. Authorize Phillips Construction to replace six (6) water meters not to exceed $59,600 utilizing Water Asset Replacement Funds

7. Authorize the purchase of 60 - 36” Decorative Holiday Wreaths from Holiday Outdoor Décor not to exceed $26,000 utilizing the adopted FY25 electric budget

8. Award Bid to Shipley Construction and Plumbing for the Purchase and Install Metal Building Project in the amount of $585,697 plus 15% contingency of $87,855 for a total project cost NTE $673,552 and authorize staff to execute a Public Works Agreement with Shipley Construction and move forward with the Notice of Award and Notice to Proceed.

9. Approve change order increasing the FY 23 NPUA audit fees by $20,000. New total amount not to exceed $55,353.

10. Accept Change Order #1 to the Public Works Agreement with Phillips Excavating, Inc. for the Well 11 to Well 15 Intertie project resulting in an increase to the contract in the amount of $143,200 for a new total contract amount of $578,265; and authorize staff to execute said Change Order.

END OF NPUA CONSENT CALENDAR

ADJOURN THE JOINT NPUA/COUNCIL MEETING AND RECONVENE THE COUNCIL MEETING (Roll Call Previously Taken)

PUBLIC COMMENTS PERTAINING TO COUNCIL ITEMS
A three-minute time limit per person has been established.

COUNCIL CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the City Council may pull an item from the Consent Calendar for discussion. Prior to Council action, a member of the public may address the City Council on matters scheduled on the Consent Calendar. A threeminute time limit per person applies. RECOMMENDED ACTION: Approve Items 11 through 17 on the Consent Calendar by affirmative roll call vote. (ACT)

11. Approve the Warrants Register through March 25, 2025

12. Approve the Minutes of March 11, 2025

13. Award bid to S. Christensen Engineering, Inc. for the Phase IV-B Street Improvements Project in the amount of $1,156,400.60 plus 20% contingency for a total project cost of $1,387,680.72 and authorize staff to execute a Public Works Agreement with S. Christensen Engineering, Inc. and move forward with the Notice of Award and Notice to Proceed.

14. Accept Change Order No. 1 (final) and the work completed by Superior Paving Company dba United Paving Company for the Obernolte Street Improvement Project for a total project amount of $1,018,298.29 and authorize staff to issue a NOTICE OF COMPLETION to be recorded with the San Bernardino County Recorder’s Office.

15. Extend the contract with HdL Companies to perform Cannabis Tax Audits for Calendar years 2023 and 2024 at a cost not to exceed $462,000

16. Waive the Reading and Adopt Resolution No. 2025-15 authorizing the City Manager or his designee, the Community Services Manager, to purchase one (1) Nine Passenger Transit Vehicle for use by the Dial-a-Ride (Specialized Transportation) Transit Services

17. Accept the Proposal from Kimley-Horn and Associates, Inc. to Provide Consultant Professional Services for an Active Transportation Plan for a Not to Exceed amount of $266,995 and authorize staff to execute the Consultant Professional Services Agreement

END OF COUNCIL CONSENT CALENDAR

REGULAR COUNCIL ITEMS

18. Provide Staff Direction - Pickleball Courts Discussion (DIS)

19. Provide staff recommendations on awarding the 2025 Edible Food Recovery Grant of $6,000, an increase of $1,000 from the prior year. The awarded non-profit(s) will be required to report the annual tonnage of edible food recovered in the community. Staff will utilize the reporting for annual compliance with CalRecycle. (ACT)

20. Assign a member to the Visitor Center Committee to fill the seat vacated by former Vice Mayor Kirsten Merritt. (ACT)

21. Authorize those interested to attend the Inland Empire Tourism Regional Summit 2025 in Barstow on May 22, 2025 (ACT)

22. Consideration of an Ordinance Regulating Animals in City Parks (DIS)

CITY ATTORNEY REPORT

CITY CLERK REPORT

CITY MANAGER REPORT
City Manager's Reports for the weeks of March 7 and 14, 2025.

COUNCIL REQUESTS
Council Member Longacre
Council Member McCorkle
Vice Mayor Campbell
Council Member Pogue
Council Member Belt
Council Member Longbrake
Mayor Jernigan

ADJOURNMENT

INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT: http://www.cityofneedles.com Posted: March 21, 2025
SB 343-DOCUMENTS RELATED TO OPEN SESSION AGENDAS -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office, 817 Third Street, Needles, CA 92363.

In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 326-2113 ext 133. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-104 ADA Title II).

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting.

Dated this 21st day of March 2025
/s/        Candace Clark, CPMC, CMC, Interim City Clerk City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Interviews / appointment to fill the vacancy on the Board of Public Utilities due to the retirement of Mike Schneider.

Background: Per council direction the City Clerk posted and published the following vacancy in the Needles Desert Star:

Interviews have been scheduled with the following applications to date:

Board of Public Utilities: One vacancy, with a term to expire December 31, 2027. The Board meets on the first and third Tuesday of each month at 4:00 pm
Mark Walters and James Jones have applied.

Recommended Action: Appoint to the Board of Public Utilities _________ , with a term to expire December 31, 2027.

Submitted By: Candace Clark, Interim City Clerk
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
3/19/2025
Agenda Item 2.

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Agenda Item 2.

CITY OF NEEDLES
City Clerk's Office
817 Third Street
Needles, Ca 92363

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Signatur�Y lM\.c... V z v· � Date_/cf-.--'A---'-r-1-,A-�_y ___ _ /Plea�turn to tlnf'iibove address l .It' VS B )(;l( 01\,Q '& � Agenda Item 2.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA SARDA Regular Special
Meeting Date: March 25, 2025
Title: City of Needles Public Hearing for Annual Account of Development Impact Fees for FY 24
Background: AB 1600 requires that both general law and charter cities account for every development impact fee that they collect under its terms. Funds collected for each capital facility or service shall be deposited in a separate fund and not comingled with any other funds.

While the funds are accruing for individual capital facilities, the city must keep track of each fund and provide an annual report.

Following are the balances as of 06/30/24:

NORTH NEEDLES
$ 18,805 Circulation System
$ 825 Parkland Acquisition & Facilities
$ 11,115 Water Source Storage & Distribution
$ 15,251 Wastewater Collection System

SOUTH NEEDLES
$ 2,258 Circulation System
$ 1,764 Parkland Acquisition & Facilities
$ 63,065 Water Source Storage & Distribution
$ 25,959 Wastewater Collection System
A Public Hearing is being held today for open discussion and any additional questions regarding these balances.

Fiscal Impact: Planned projects for the current fees may include a Developer Impact Fee Study, and a water and wastewater study update. Items will be brought to Council for approval.

Recommendation: Approve the Annual Accounting for Fees report Submitted By: Barbara DiLeo, Finance Department
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
3/19/2025
Agenda Item 3.

CITY OF NEEDLES
Annual Accounting for Developer Impact Fees
FY 2024
DESCRIPTION OF FEES COLLECTED:

Circulation (streets, signals and bridges) System:

The development of property in the affected territory will generate additional vehicle travel.

This traffic will create a need for expansion of existing streets and bridges to accommodate increased traffic from residential and other new development. Additionally, traffic signals and related facilities will need to be installed and maintained to accommodate the increased level of service on new and existing roadways. Pursuant to Article 11, Section 7 of the California Constitution, the City is empowered to enact measures that protect the health, safety and welfare of its citizens.

Water Source, Storage and Distribution System:

The development of any property in the affected territory will generate the need for additional water source, storage and distribution system capacity. Without such additional system capacity, new development will be adversely impacted in the affected territory. As a result, additional water facilities will be needed to accommodate new development. Pursuant to Article 11, Section 7 of the California Constitution, the City is empowered to enact measures that protect the health, safety and welfare of its citizens.

Wastewater Collection System:

The development of any property in the affected territory will generate the need for additional wastewater collection system and mandated connection to that system. Without such additional wastewater collection system capacity, new development will be adversely impacted in the affected territory. As a result, additional wastewater collection facilities will be needed to accommodate new development. Pursuant to Article 11, Section 7 of the California Constitution, the City is empowered to enact measures that protect the health, safety and welfare of its citizens.

Park Land Acquisition and Facilities Development:

The development of residential property in the affected territory will generate a need for additional park land acquisition and facilities development to maintain the current level of service. The City may impose by ordinance a requirement for the payment of fees to pay for the actual or estimated costs of acquiring and constructing park and recreation facilities.

Pursuant to Article 11, Section 7 of the California Constitution, the City is empowered to enact measures that protect the health, safety and welfare of its citizens.

PROPOSED IMPROVEMENTS AND DATE IMPROVEMENTS WILL COMMENCE:

Update to our Developer Impact Fee Study, and a water and wastewater study update. Items will be brought to Council for approval.

Agenda Item 3.

City of Needles, California
Request for City Council Action
CITY COUNCIL PLANNING COMMISSION Regular Special
MEETING DATE: March 25, 2025
TITLE: Resolution 2025-16 of the City Council of the City of Needles, approving of a Conditional Use Permit for the construction of a new 185-foot wireless telecommunication facility (monopole) including associated equipment within a 50' x 50' enclosed lease area for Verizon Wireless, located south of National Old Trails Highway and north of I-40 (APN: 0660-162-07-0000), within the Highway Commercial (C-3) Land Use Zoning Designation.

APPLICANT: APC Towers, 8601 Six Forks Road, Suite 250, Raleigh, NC 27615 LOCATION: The project site is located south of National Old Trails Highway and north of I-40, Needles, Ca 92363 (APN 0660-162-07-0000).

BACKGROUND: A Special Use Permit (Resolution No. 01-03-2024-PC) for a 160-foot wireless communications facility (monopole) was approved by the Planning Commission of the City of Needles on January 3, 2024. APC Towers has submitted a Conditional Use Permit application to request an amendment to the approved project to support an increase in height of the monopole by 25’. The additional height is necessary to enhance wireless coverage, improve network reliability, and accommodate future colocation of multiple carriers, thereby reducing the need for additional towers in the vicinity.

The applicant, Jeremy Siegel with APC Towers, is proposing a 185-foot wireless telecommunication tower (monopole) with cabinets, associated equipment, within a 50' x 50' enclosed lease area at a parcel located south of National Old Trails Highway and north of I-40 (APN: 0660-162-07-0000). The lease area for the proposed tower is approximately 24 feet from the existing 102-foot AT&T wireless communications facility at the site. The proposed monopole would have the capacity to accommodate five additional wireless carriers. Spike’s Old 66 Storage facility is located south of the project site, while vacant land is to the north. Further north, beyond the vacant land, there is an existing lattice wireless communications facility.

National Old Trails Highway is situated north of the project site. The new installation would significantly enhance wireless coverage in both the local and surrounding areas without introducing major or intrusive aesthetic changes.

As shown in the plan set, the project includes the installation of a new 185-foot monopole, which can accommodate five additional wireless carriers, along with the construction of 8-foot chain-link fence enclosure with privacy slats around the 50' x 50' lease area. Additionally, the project involves the installation of multiple Verizon antennas and associated equipment. Access to the facility will be by means of a 10-foot-wide access easement and driveway from National Old Trails Highway. The plan set also includes elevations of the proposed tower.

The design and configuration of the wireless telecommunication facility aim to minimize adverse aesthetic, health, safety, and economic impacts by being located in a non-residential area, resulting in minimal impact on the City. According to the Table of Permissible Uses (City Code Section 96.01), cell towers exceeding 50 feet are permitted in the C-3 Highway Commercial Zone, subject to approval of a Conditional Use Permit (CUP). Attachment 3 includes photographs taken from various locations surrounding the project site, showing the proposed tower in relation to the existing surroundings, including nearby wireless communication facilities. The proposed tower would be 65 feet taller than the existing tower at the site.

The project site is physically suitable in size and shape to accommodate the proposed wireless telecommunication facility. The project is required to maintain compliance with Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations in addition to applicable Agenda Item 4. building codes, zoning codes, fire codes, and standards, ensuring a safe, well-designed, and visually appropriate development.

At the March 5, 2025, Planning Commission Meeting, the Planning Commissioners voted unanimously to recommend approval for the construction of the new 185-ft wireless communication facility monopole.

CONDITIONAL USE PERMIT (CUP) FINDINGS: In accordance with Section 94.06, the Planning Commission must make the following findings to recommend approval of a conditional use permit:

1. The requested permit is conditionally within its jurisdiction according to the table of permissible uses.

2. The application is complete

3. The use will not endanger public health or safety.

4. The development will be in conformity with the Needles General Plan.

PUBLIC NOTIFICATION: A public hearing notice was published in the Needles Desert Star on Wednesday, February 19, 2025, and posted in two conspicuous locations. Notices were sent to property owners within 300' of the proposed project site.

ENVIRONMENTAL: CEQA Compliance – Categorical Exemption (Section 15303, Class 3): The proposed project qualifies for a Categorical Exemption under the California Environmental Quality Act, CEQA Guidelines, Section 15303, (new construction or conversion of small structures) of Title 14 of the California Code of Regulations (State CEQA Guidelines). The project consists of a Conditional Use Permit for the construction of 185-foot wireless telecommunication tower (monopole) and associated equipment within a 50' x 50' enclosed lease area.

RECOMMENDATION: Adopt Resolution 2025-16 approving a Conditional Use Permit, for the construction of a new 185-foot wireless telecommunication facility (monopole) for Verizon Wireless, located south of National Old Trails Highway and north of I-40 (APN: 0660-162-07-0000), within the Highway Commercial (C-3) Land Use Zoning Designation.

SUBMITTED BY: Irene Romero, City Planner
ATTACHMENTS:

1. Vicinity Map

2. Project Plans

3. Photo Simulations

4. City Council Resolution 2025-16, Findings, and Conditions of Approval

5. CUP Application

City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
3/19/2025
Agenda Item 4.

ATTACHMENT NO. 1

VICINITY MAP
DATE: March 25, 2025
PROJECT: CONDITIONAL USE PERMIT (CUP) for the
construction of a new 185-foot wireless
telecommunication facility (monopole) including
associated equipment within a 50' x 50'
enclosed lease area for Verizon Wireless,
located south of National Old Trails Highway
and north of I-40 (APN: 0660-162-07-0000),
within the Highway Commercial (C-3) Land Use
Zoning Designation.

NORTH

CITY OF NEEDLES PLANNING DEPARTMENT

PROJECT SITE
Agenda Item 4.

Eukon www.eukongroup.com 65 POST, SUITE 1000 IRVINE, CA 92618 TEL: (949) 553-8566 an SFC Communications, Inc. Company CA-1374 NATIONAL OLD TRAILS ROAD NEEDLES, CA 92363 REV DATE DESCRIPTION SUBMITTALS A 08/21/24 90% CONSTRUCTION DRAWINGS PROJECT INFORMATION SHEET TITLE SHEET NUMBER DRAWN BY: PG GD RB CONSTRUCTION DRAWINGS IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF THE LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. UTILITIES CHECKED BY: A&E CHECKED BY: 8601 SIX FORKS ROAD, SUITE 250 RALEIGH, NC 27615 WWW.APCTOWERS.COM NOT FOR CONSTRUCTION EUKON_VERIZON_90CD_MONOPOLE TEMPLATE_V2_11-18-22 T-1 A 11/11/24 REVISED TOWER HEIGHT TITLE SHEET SITE NUMBER: CA-1374 SITE NAME: SOUTH PASS VERIZON SITE ID: SouthPass_RELHR FUXE ID: 16902185 PROJECT: APC TOWERS SITE TYPE: MONOPOLE SITE ADDRESS: NATIONAL OLD TRAILS ROAD NEEDLES, CA 92363 SHEET INDEX APPROVALS VICINITY MAP AERIAL VIEW DRIVING DIRECTIONS SITE INFORMATION CODE COMPLIANCE PROJECT TEAM GENERAL NOTES PROJECT DESCRIPTION SHEET DESCRIPTION T-1 TITLE SHEET LS-1 SITE SURVEY A-2 EQUIPMENT PLAN A-3 ANTENNA PLAN AND SCHEDULE A-4 ELEVATIONS A-1 REVA0AAAA SAQ MANAGER: PROJECT MANAGER: ZONING VENDOR: LEASING VENDOR: ZONING MANAGER: PROPERTY OWNER: APPROVED BY: DATE: APC OPERATIONS: THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS & AUTHORIZE THE SUBCONTRACTOR TO PROCEED WITH THE CONSTRUCTION DESCRIBED HEREIN. ALL DOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDING DEPARTMENT & MAY IMPOSE CHANGES OR MODIFICATIONS. APC PROPOSES TO INSTALL A WIRELESS COMMUNICATIONS FACILITY. THE SCOPE WILL CONSIST OF THE FOLLOWING: UNDERGROUND SERVICE ALERT UTILITY NOTIFICATION CENTER OF CALIFORNIA (800) 422-4133 WWW.CALIFORNIA811.ORG CALL 2-14 WORKING DAYS UTILITY NOTIFICATION PRIOR TO CONSTRUCTION THIS FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE. NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE IS NEW. IF CONTRACTOR ENCOUNTERS CONDITIONS IN FIELD, EITHER UNFORESEEN OR IN SOME MANNER IN CONFLICT WITH THESE DRAWINGS, THE CONTRACTOR SHALL NOTIFY THE REGISTERED DESIGN PROFESSIONAL OF SUCH CONDITIONS IN WRITING AND SHALL ACKNOWLEDGE ANY WORK DONE OUTSIDE OF JURISDICTIONAL PERMITTED PLANS IS DONE AT CONTRACTORS OWN RISK. FOR "SPECIAL INSPECTIONS" SPECIFIC TO THIS PROJECT PURSUANT TO CBC SECTION 1704.3, SEE SHEET T-4, "STATEMENT OF SPECIAL INSPECTIONS" SUBCONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. FULL SIZE = 24”x36”. ANY OTHER SIZE PRINT IS NOT ORIGINAL SCALE. ALL INDICATED DIMENSIONS SHALL TAKE PRECEDENT OVER SCALED DIMENSIONS. ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUCTED TO PERMIT WORK NOT CONFORMING TO THESE CODES. HANDICAP REQUIREMENTS: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION, AND IS EXEMPTED FROM ACCESSIBILITY REQUIREMENTS IN ACCORDANCE WITH 2016 CALIFORNIA BUILDING CODE SECTION 11B-203.5. THIS FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE. NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE IS NEW. 1. 2022 CALIFORNIA ADMINISTRATIVE CODE 2. 2022 CALIFORNIA BUILDING CODE 3. 2022 CALIFORNIA ELECTRIC CODE 4. 2022 CALIFORNIA MECHANICAL CODE 5. 2022 CALIFORNIA PLUMBING CODE 6. 2022 CALIFORNIA FIRE CODE 7. ANY LOCAL BUILDING CODE AMENDMENTS 8. CITY/COUNTY ORDINANCES 9. ANSI / TIA-222 STRUCTURAL CODE 10. NFPA 780 - LIGHTING PROTECTION CODE SITE SITE PROJECT MANAGER: APC TOWERS 8601 SIX FORKS ROAD, SUITE 250 RALEIGH, NC 27615 CONTACT: ABIGAIL JOHNSON PHONE: (919) 346-8799 EMAIL: [email protected] RF ENGINEER: - SITE ACQUISITION: CONSTRUCTION: EUKON GROUP 65 POST, SUITE 1000 IRVINE, CA 92618 CONTACT: JERRY AMBROSE PHONE: (805) 637-7407 EMAIL: [email protected] A&E CONTACT: EUKON GROUP 65 POST, SUITE 1000 IRVINE, CA 92618 CONTACT: RICH BRUNET PHONE: (949) 899-5597 EMAIL: [email protected] CONSTRUCTION: - · (1) NEW 185'-0" HIGH MONOPOLE · (1) NEW METERING H-FRAME · (1) NEW UTILITY COMPANY TRANSFORMER · (2) UTILITY TRENCHES TELEPHONE COMPANY: FRONTIER POWER COMPANY: NEEDLES ELECTRIC DEPARTMENT CONSTRUCTION TYPE: II-B OCCUPANCY GROUP: U PARCEL NUMBER: 066016207 ZOINING DISTRICT: C-3 COMMERCIAL ZONING JURISDICTION: CITY OF NEEDLES LONGITUDE (NAD 83): 114° 38' 07.81" W LATITUDE (NAD 83): 34° 51' 57.74" N COUNTY: SAN BERNANDINO PROPERTY OWNER: TERRANCE JONES TOWER CO SITE ID: TOWER APP NUMBER: --CA-1374 ADDRESS: TOWER OWNER: RALEIGH, NC 27615 8601 SIX FORKS RD, SUITE 250 APC TOWERS LEASE AREA: 2500 SQFT 1. HEAD SOUTH ON PARADISE RD 2. FOLLOW SIGNS FOR I-215 SOUTH 3. MERGE ONTO I-215 SOUTH 4. FOLLOW SIGNS FOR I-11 SOUTH 5. MERGE ONTO I-11 SOUTH 6. FOLLOW SIGNS FOR US-95 SOUTH 7. MERGE ONTO US-95 SOUTH 8. CONTINUE ON US-95 SOUTH 9. FOLLOW SIGNS FOR I-40 EAST 10. MERGE ONTO I-40 EAST 11. TAKE EXIT 139 TOWARD RIVER RD CUT OFF 12. TURN RIGHT ONTO NATIONAL OLD TRANSIT RD 13. ARRIVE AT NATIONAL OLD TRANSIT RD ON THE RIGHT SITE PLAN DIRECTIONS FROM HARRY REID INTERNATIONAL AIRPORT AT 5757 WAYNE NEWTON BLVD, LAS VEGAS, NV 89119 A-5 A-7 EQUIPMENT DETAILS CONSTRUCTION DETAILS CONSTRUCTION DETAILS E-3 ELECTRICAL NOTES E-4 GROUNDING PLANS E-5 GROUNDING DETAILS E-6 GROUNDING DETAILS A-6 AAAAAAA PHONE: (760) 275-4980EUKON GROUP 65 POST, SUITE 1000 IRVINE, CA 92618 CONTACT: JEREMY SIEGEL PHONE: (714) 366-8047 EMAIL: [email protected] E-1 E-2 ELECTRICAL SITE PLAN AA SINGLE-LINE DIAGRAM PANEL SCHEDULES T-2 GENERAL NOTES, LEGEND, AND ABBREVIATIONS A T-3 GENERAL SIGNAGE A ATTACHMENT NO. 2 Agenda Item 4.

ATTACHMENT NO. 2
Agenda Item 4.

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FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR PWR Eukon www.eukongroup.com 65 POST, SUITE 1000 IRVINE, CA 92618 TEL: (949) 553-8566 an SFC Communications, Inc. Company CA-1374 NATIONAL OLD TRAILS ROAD NEEDLES, CA 92363 REV DATE DESCRIPTION SUBMITTALS A 08/21/24 90% CONSTRUCTION DRAWINGS PROJECT INFORMATION SHEET TITLE SHEET NUMBER DRAWN BY: PG GD RB CONSTRUCTION DRAWINGS IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF THE LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. UTILITIES CHECKED BY: A&E CHECKED BY: 8601 SIX FORKS ROAD, SUITE 250 RALEIGH, NC 27615 WWW.APCTOWERS.COM NOT FOR CONSTRUCTION EUKON_VERIZON_90CD_MONOPOLE TEMPLATE_V2_11-18-22 A-1 A 11/11/24 REVISED TOWER HEIGHT SITE PLAN SCALE 8' 0 4' 8' 16' 32' 3/32"=1'-0" 1 90° 135° 45° 270°225° 180° 315° 0° NOTES: 1. IF DIMENSIONS SHOWN ON PLAN DO NOT SCALE CORRECTLY, CHECK FOR REDUCTION OR ENLARGEMENT FROM ORIGINAL PLANS. 2. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS. 3. UTILITY DESIGNS AND ROUTES ARE PRELIMINARY PENDING FINAL DESIGN BY UTILITY PROVIDER. 4. THIS SITE PLAN IS NOT INTENDED TO BE A LAND SURVEY. SITE PLAN NATIONAL OLD TRAILS RD CL APN: 0660-16-207 NEW APC 50X50 LEASE AREA [APPROX. 2500SQFT] NEW 2x3 TRAFFIC RATED FIBER HH AT PROPERTY LINE FOR APC (MMP) NEW UTILITY COMPANY POWER (2) 4" CONDUITS CONDUIT IN ROW [APPROX. 175'] (PENDING FINAL UTILITY DESIGN) NEW (2) 4" FIBER CONDUIT FROM MMP TO NEW 3x5 VAULT IN LEASE AREA [APPROX. 188'] (PENDING FINAL UTILITY DESIGN) NEW UTILITY COMPANY (2) 4" CONDUITS W/ 18" WIDE EASEMENT [APPROX. 32'] NEW APC NON-EXCLUSIVE VEHICULAR 10' WIDE ACCESS EASEMENT FROM THE PUBLIC RIGHT OF WAY PROPERTY LINE 30'-0"
TO CENTER OF TOWER 84'-11" TO CENTER OF TOWER 47'-3" TO CENTER OF TOWER APN: 066-010-101 APN: 066-101-128 APN: 066-171-108 PROPERTY LINE PROPERTY LINE CA-1374 SITE ACCESS EXISTING CITY OF NEEDLES UTILITY POLE #4227N W/ FRONTIER FIBER EXISTING OVER HEAD FRONTIER FIBER NEW APC LEASE AREA 1A-2 EXISTING OTHER CARRIER TELECOM SITE 24'-7" 139'-6" 5'-0" NEW UTILITY COMPANY TRANSFORMER ON CONCRETE PAD NEW 3'X5' APC COMMUNITY FIBER VAULT EXISTING OTHER CARRIER TOWER EXISTING CITY OF NEEDLES UTILITY POLE #1338N W/ TRANSFORMER SECTOR "B" AZIMUTH: 295° AZIMUTH: 145° SECTOR "A"
13'-8"
ATTACHMENT NO. 2
Agenda Item 4.

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PWR Eukon www.eukongroup.com 65 POST, SUITE 1000 IRVINE, CA 92618 TEL: (949) 553-8566 an SFC Communications, Inc. Company CA-1374 NATIONAL OLD TRAILS ROAD NEEDLES, CA 92363 REV DATE DESCRIPTION SUBMITTALS A 08/21/24 90% CONSTRUCTION DRAWINGS PROJECT INFORMATION SHEET TITLE SHEET NUMBER DRAWN BY: PG GD RB CONSTRUCTION DRAWINGS IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF THE LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. UTILITIES CHECKED BY: A&E CHECKED BY: 8601 SIX FORKS ROAD, SUITE 250 RALEIGH, NC 27615 WWW.APCTOWERS.COM

NOT FOR

CONSTRUCTION
EUKON_VERIZON_90CD_MONOPOLE TEMPLATE_V2_11-18-22 A-2 A 11/11/24 REVISED TOWER HEIGHT EQUIPMENT PLAN SCALE 2' 0 1' 2' 4' 8' 3/8"=1'-0"
1 90° 135° 45°
270°225° 180°
315°
0° NOTES: 1. IF DIMENSIONS SHOWN ON PLAN DO NOT SCALE CORRECTLY, CHECK FOR REDUCTION OR ENLARGEMENT FROM ORIGINAL PLANS. 2. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS. EQUIPMENT PLAN NEW APC H-FRAME NEW VERIZON METER ON NEW H-FRAME 50'-0" NEW APC LEASE AREA AND CHAIN-LINK FENCE 50'-0"

NEW APC LEASE AREA AND CHAIN-LINK FENCE
15'-0"
NEW VERIZON LEASE AREA 30'-0" NEW VERIZON WIRELESS NEW VERIZON LEASE AREA EQUIPMENT CABINETS ON A NEW CONCRETE PAD (TYP.-3) NEW VERIZON WIRELESS H-FRAME WITH CABINETS NEW VERIZON WIRELESS 30Kw EMERGENCY DIESEL GENERATOR 2'-0" 2'-0"
4'-0"

NEW CONCRETE
PAD 11'-0" NEW CONCRETE PAD 1'-0" 1'-0"
1'-0"
1'-0"
1'-0"
7'-8" 25'-0"
25'-0"
8'-0" 3'-6" 3'-6" NEW VERIZON WIRELESS FIBER BOX NEW 200A ILC/ATS PANEL NEW VERIZON WIRELESS SERVICE LIGHT NEW SINGLE POLE LIGHT SWITCH WITH PHOTOCELL ATTACHED TO CONDUIT SERVICE LIGHT NEW VERIZON WP GFCI DUPLEX RECEPTACLE ON NEW H-FRAME 3'-0" NEW APC 185' HIGH MONOPOLE (ANTENNAS NOT SHOWN FOR CLARITY) 7'-2" NEW CONCRETE PAD 4'-3"

NEW CONCRETE

PAD NEW SHADE STRUCTURE
10'-0" 8'-0" 17'-0" NEW VERIZON POWER CONDUIT. [APPROX. 20'] NEW VERIZON POWER CONDUIT [APPROX. 35'] NEW VERIZON POWER CONDUIT. [APPROX. 6'] 8,10 A-5 7A-6 NEW RACK MOUNTED RAYCAP 4520 (1 TOTAL) WITHIN NEW EQUIPMENT CABINET 9A-5 NEW VERIZON WIRELESS GPS ANTENNA (1 TOTAL) 1,2 A-6 NEW BASEBANK UNIT 6630 (1 TOTAL) WITHIN NEW EQUIPMENT CABINET7A-5 6,7 A-6 10 A-6 NEW APC 8' HIGH CHAIN-LINK ENCLOSURE W/ PRIVACY SLATS 3A-7 NEW APC 8' HIGH CHAIN-LINK GATE W/ PRIVACY SLATS
2A-7
2A-6
5A-6 NEW APC 8' HIGH CHAIN-LINK GATE W/ PRIVACY SLATS
2A-7 NEW VERIZON WIRELESS 8' HIGH CHAIN-LINK ENCLOSURE W/ PRIVACY SLATS 3A-7
2A-7
SECTOR "B" AZIMUTH: 295°
AZIMUTH: 145° SECTOR "A" 6'-8" ATTACHMENT NO. 2
Agenda Item 4.

1.75" 19" RAYCAP DETAIL 9 32" CHARLES CUBE-SS4B228LX1 RF/BATTERY CABINET 32"
84" PLAN ELEV 8 ANCHORAGE DETAIL COMMSCOPE - NHH-65C-R2B DIMENSIONS (LxWxD): WIND LOADING, FRONTAL: WIND LOADING, LATERAL: WIND LOADING, MAXIMUN: WIND SPEED, MAXIMUN: 95.9 x 11.9 x 7.1 INCHES (2438 x 301 x 180 mm) 88.3 lbf @ 150 km/h 170.2 lbf @ 150 km/h 241 km/h (150 mph) 7.1" 11.9"

95.9" SIDE FRONT NET WEIGHT (WITHOUT MOUNTING): 51.6 lbs (23.4 kg) 74.2 lbf @ 150 km/h ERICSSON - AIR6419 B77D DIMENSIONS (LxWxD): NET WEIGHT (WITHOUT MOUNTING): 28.3 x 16.1 x 7.9 in 66.1 lbs 7.9" 16.1"

28.3" SIDE FRONT BOTTOM 7.05" 15.67"

20.59" ERICSSON RRUS-4490 B5/B127.05" 15.67"

20.59" ERICSSON RRUS-4890 B25/B66 RRU MOUNTING DETAIL 9 RRU DETAIL 4 ATTACHMENT NO. 2 Agenda Item 4.

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FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR FBR PWR Eukon www.eukongroup.com 65 POST, SUITE 1000 IRVINE, CA 92618 TEL: (949) 553-8566 an SFC Communications, Inc. Company CA-1374 NATIONAL OLD TRAILS ROAD NEEDLES, CA 92363 REV DATE DESCRIPTION SUBMITTALS A 08/21/24 90% CONSTRUCTION DRAWINGS PROJECT INFORMATION SHEET TITLE SHEET NUMBER DRAWN BY: PG GD RB CONSTRUCTION DRAWINGS IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF THE LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. UTILITIES CHECKED BY: A&E CHECKED BY: 8601 SIX FORKS ROAD, SUITE 250 RALEIGH, NC 27615 WWW.APCTOWERS.COM NOT FOR CONSTRUCTION EUKON_VERIZON_90CD_MONOPOLE TEMPLATE_V2_11-18-22 E-2 A 11/11/24 REVISED TOWER HEIGHT ELECTRICAL SITE PLAN SCALE 8' 0 4' 8' 16' 32' 1/8"=1'-0" 1 90° 135° 45° 270°225° 180° 315° 0° ELECTRICAL SITE PLAN NOTES: 1. IF DIMENSIONS SHOWN ON PLAN DO NOT SCALE CORRECTLY, CHECK FOR REDUCTION OR ENLARGEMENT FROM ORIGINAL PLANS. 2. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS. 3. UTILITY DESIGNS AND ROUTES ARE PRELIMINARY PENDING FINAL DESIGN BY UTILITY PROVIDER. 4. THIS SITE PLAN IS NOT INTENDED TO BE A LAND SURVEY. SCALE METER SERVICE ELEVATION NONE 2 APN: 0660-16-207 NEW APC 50X50 LEASE AREA [APPROX. 2500SQFT] NEW 2x3 TRAFFIC RATED FIBER HH AT PROPERTY LINE FOR APC (MMP) EXISTING CITY OF NEEDLES UTILITY POLE #4227N W/ FRONTIER FIBER EXISTING OVER HEAD FRONTIER FIBER NEW UTILITY COMPANY TRANSFORMER ON CONCRETE PAD NATIONAL OLD TRAILS RD CL CA-1374 SITE ACCESS NEW VERIZON POWER CONDUIT [APPROX. 35'] NEW VERIZON FIBER CONDUIT [APPROX. 37'] NEW UTILITY COMPANY (2) 4" CONDUITS [APPROX. 4.5'] BUSSED GUTTER 28.65" x 1 5.5" x 6" METER SOCKET W/ DISCONNECT 14" x 48" x 6" (2) 4" CONDUITS (1) 3" CONDUITS NEW UTILITY COMPANY POWER (2) 4" CONDUITS IN ROW [APPROX. 175'] (PENDING FINAL UTILITY DESIGN) NEW UTILITY COMPANY (2) 4" CONDUITS W/ 18" WIDE EASEMENT [APPROX. 32'] NEW (2) 4" FIBER CONDUIT FROM MMP TO NEW 3x5 VAULT IN LEASE AREA [APPROX. 188'] (PENDING FINAL UTILITY DESIGN) UG TERMINATION BOX 16" x 36" x 6" ATTACHMENT NO. 2 Agenda Item 4.

NOT FOR

CONSTRUCTION
EUKON_VERIZON_90CD_MONOPOLE TEMPLATE_V2_11-18-22 E-3 A 11/11/24 REVISED TOWER HEIGHT ELECTRICAL NOTES NOT USED 2 ELECTRICAL GENERAL NOTES
1 ATTACHMENT NO. 2
Agenda Item 4.

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Eukon www.eukongroup.com 65 POST, SUITE 1000 IRVINE, CA 92618 TEL: (949) 553-8566 an SFC Communications, Inc. Company CA-1374 NATIONAL OLD TRAILS ROAD NEEDLES, CA 92363 REV DATE DESCRIPTION SUBMITTALS A 08/21/24 90% CONSTRUCTION DRAWINGS PROJECT INFORMATION SHEET TITLE SHEET NUMBER DRAWN BY: PG GD RB CONSTRUCTION DRAWINGS IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF THE LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. UTILITIES CHECKED BY: A&E CHECKED BY: 8601 SIX FORKS ROAD, SUITE 250 RALEIGH, NC 27615 WWW.APCTOWERS.COM NOT FOR CONSTRUCTION EUKON_VERIZON_90CD_MONOPOLE TEMPLATE_V2_11-18-22 E-4 A 11/11/24 REVISED TOWER HEIGHT GROUNDING PLAN ANTENNA AND RRUS GROUNDING PLAN 2 EQUIPMENT GROUNDING PLAN 1 3'-0"
TYP. 90° 135° 45° 270°225° 180° 315° 0° 90° 135° 45° 270°225° 180° 315° 0° Agenda Item 4.

Existing 120'-0" Tower on Parcel
Existing Lattice Tower
on Adjacent Parcel
Proposed 185'-0" APC Tower
ATTACHMENT NO. 3
Agenda Item 4.

Existing 120'-0" Tower
Proposed 185'-0" APC Tower
ATTACHMENT NO. 3
Agenda Item 4.

Existing 120'-0"
Tower on Parcel
Existing Lattice Tower
on Adjacent Parcel
Proposed 185'-0" APC Tower
ATTACHMENT NO. 3
Agenda Item 4.

ATTACHMENT NO. 4

Page 1 of 4 ends

RESOLUTION 2025-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES, APPROVING OF A CONDITIONAL USE PERMIT FOR A 185’ HIGH WIRELESS COMMUNICATIONS FACILITY TOWER AND ASSOCIATED EQUIPMENT WITHIN A 50’x50’ ENCLOSED LEASE AREA LOCATED SOUTH OF NATIONAL OLD TRAILS HIGHWAY, NORTH OF I-40, NEEDLES CALIFORNIA, WITHIN THE HIGHWAY COMMERCIAL (C-3) LAND USE ZONING DESIGNATION, ALSO IDENTIFIED AS ASSESSOR’S PARCEL NUMBER (APN) 0660-162-07-0000
WHEREAS, the City Council wishes to assist property owners in their efforts to build in the City in a reasonable manner that does not create a hazard to health, safety, and welfare or degrade property values or create incompatibility with surrounding uses; and WHEREAS, applicant Jeremy Siegel, on behalf of APC Towers, submitted an application requesting approval of a Conditional Use Permit to allow a 185’ high wireless communications facility in a C-3, Highway Commercial zone, at Assessor’s Parcel Number (APN) 0660-162-07-0000, located south of National Old Trails Highway, north of I-40, in the Highway Commercial (C-3) land use zoning designation; and
WHEREAS, Section 96.01 (Table of Permissible Uses) and Section 99.09.05 (Telecommunications Towers) of the Needles Municipal Code allows towers in excess of 50' high with masking, in a C-3, Highway Commercial Zone, subject to the approval of a Conditional Use Permit; and WHEREAS, Section 94.06 of the Needles Municipal City Code specifies the criteria by which a Conditional Use Permit may be granted; and
WHEREAS, a public hearing notice for the March 25, 2025 City Council meeting was published in the Needles Desert Star on February 19, 2025, at least 10 days prior to said meeting, and notices were sent to property owners within a 300-foot radius of the subject property specifying the date, time and location of the public hearing; and
WHEREAS, on March 5, 2025, the Needles Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to the Conditional Use Permit RESOLUTION NO. 03-05-2025-PC and was commended for approval unanimously; and WHEREAS, on March 25, 2025, the Needles City Council held a duly noticed and advertised public hearing for approval of City Council RESOLUTION 2025-16 approving a Conditional Use Permit to allow a 185’ high wireless communications facility in a C-3, Highway Commercial zone, at Assessor’s Parcel Number (APN) 0660-162-07-0000, located south of National Old Trails Highway, north of I-40, in the Highway Commercial (C-3) land use zoning designation; and WHEREAS, the Needles City Council has sufficiently considered all testimony and any documentary evidence presented to them in order to make the following determination.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Needles as follows:

SECTION 1. The City Council HEREBY FINDS AND DETERMINES that the proposed project qualifies for a Categorical Exemption under the California Environmental Quality Act, CEQA Guidelines, Section 15303, (new construction or conversion of small structures) of Title 14 of the California Code of Regulations (State CEQA Guidelines). The project consists of a Conditional Use Permit for the construction of 185-foot wireless telecommunication tower (monopole) and associated equipment within a 50' x 50' enclosed lease area. Therefore, the proposed project qualifies for this exemption and no further environmental review is required.

Agenda Item 4.

ATTACHMENT NO. 4

Page 2 of 4 ends

SECTION 2. The City Council HEREBY FINDS AND DETERMINES, with reports and findings, that facts do exist to approve RESOLUTION 2025-16, subject to conditions, according to the criteria specified in Section 94.06 of the Needles City Code:

A. That the requested permit is within its jurisdiction according to the table of permissible uses.

FINDING: The project site is zoned Highway Commercial (C-3) and cell towers over 50’ are permitted in the C-3 zone with a Conditional Use Permit (CUP) by the City Council.

B. The Application is Complete.

FINDING: A dimensioned site plan, application and fees were submitted to the city to demonstrate the project meets the criteria of the Needles City Code.

C. The development will not materially endanger the public health or safety.

FINDING: The project site is located in a commercially developed rural area of the City.

Conditions of approval have been placed on the project for appropriate lighting and fencing to be in place for health and safety purposes. Additionally, the project is required to have engineered drawings and building permits which will ensure that health and safety requirements are satisfied per the International Building Code. The project is required to maintain compliance with Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations in addition to applicable building codes, zoning codes, fire codes, and standards, ensuring a safe, well-designed, and visually appropriate development.

Therefore, the proposed project will not endanger life or property in the surrounding area.

D. The development is in general conformity with the Needles General Plan.

FINDING: The General Plan designation is “Highway Commercial” and is consistent with the goals and objectives of the General Plan. The Highway Commercial Land Use designation permits the proposed use and Policy LU-1.3 warrants new development fits well with the surrounding area by managing its location, size, and design to reduce negative impacts.

SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do exist to approve RESOLUTION 2025-16.

SECTION 4. The City Council HEREBY APPROVES RESOLUTION 2025-16, approving a Conditional Use Permit, to allow for a 185’ high wireless communications facility in a C-3, Highway Commercial zone, at Assessor’s Parcel Number (APN) 0660-162-07-0000, located south of National Old Trails Highway, north of I-40, in the Highway Commercial (C-3) land use zoning designation, subject to conditions stated herein below:

1. Applicant must comply with all requirements of Federal, State and local government regarding licensing and environmental requirements.

2. The project shall meet or exceed current standards and regulations of the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA).

3. The tower shall meet the design standards submitted with the application, identified as Attachment "2", dated with a revision date of 11-11-2024.

4. The property owner and owner of the tower shall maintain it in good condition. Such maintenance shall include, but not limited to, painting, structural integrity of the mount and security barrier, maintenance of the buffer areas, landscaping, etc.

Agenda Item 4.

ATTACHMENT NO. 4

Page 3 of 4 ends

5. The property owner and owner of the tower shall agree that the city and its appointed representative(s) may enter the subject property to obtain RFR and or noise measurements, and to perform maintenance and safety inspections at the expense of the carrier. In the case of taking RFR and or noise measurements, the municipality may enter without any advance notice to either the tower owner or the property owner. In all other cases, the City shall provide reasonable written notice to the carrier and landowner and provide them the opportunity to accompany the municipal representatives when the inspections are conducted.

6. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

7. Applicant shall mark the cell tower structure with tower lights that meet FAA requirements.

Lighting alternatives and design chosen must cause the least disturbance to the surrounding views. The lighting options may directly impact tower finish requirements.

8. No signs or advertising shall be allowed on an antenna or tower.

9. A wireless communications facility shall not interfere with television or radio reception on surrounding properties

10. Tower shall be enclosed by security fencing at eight (8) feet in height. The towers shall also be equipped with appropriate anti-climbing devices.

11. Any tower that is not utilized for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such tower shall remove the same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned tower within the ninety (90) days shall be grounds for the city to proceed under applicable law to remove the tower or antenna at the owner’s expense.

12. Lessee agrees to indemnify, defend and hold the City, its agents and employees harmless from any and all claim for damage, loss or injury arising from and/or related to the use or occupation of the Premises by Lessee or by the party claiming to be injured. Lessee furthermore agrees to reimburse the City for any and all expenses the City might incur as a result of any claim for damage, loss or injury including reasonable attorneys’ fees, administrative fees, etc., which are incurred as a direct result of any legal action brought against the City related to the performance of this Lease.

13. Any violation of these conditions can automatically result in cancellation of this Conditional Use Permit.

14. Prior to building permit issuance, plans submitted shall be signed by a California-licensed engineer with structural calculations.

15. Applicant is required to hold a valid City of Needles business license at all times.

16. Applicant must meet all conditions imposed by the San Bernardino County Fire Dept, prior to issuance of Building Permits.

17. The project shall comply with all applicable provisions, regulations, and development standards of the City of Needles Municipal Code.

18. Prior to the construction of any modifications, all structural and aesthetic changes to project design must be requested and approved in writing by the Director of Development Services or as assigned.

19. The project shall only store the necessary equipment to construct and operate onsite.

Agenda Item 4.

ATTACHMENT NO. 4

Page 4 of 4 ends

20. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on the first sheet of the final building plans prior to the issuance of any building permits.

21. The property owner and/or applicant shall pay any fees due to the Needles Public Utility Authority (NPUA) for new electrical services required to support the project.

SECTION 5. This action shall become final and effective fifteen (15) days after the decision by the CITY COUNCIL, unless within such period, a written appeal is filed with the City Clerk for consideration by the City Council as provided by the Needles City Code.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 25
th day of March 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Janet Jernigan, Mayor
(SEAL)
ATTEST: _________________________________
Candace Clark, Interim City Clerk
APPROVED AS TO FORM:
_____________________________
City Attorney
Agenda Item 4.

A Special Use Permit (Resolution No. 01-03-2024-PC) for a 160-foot wireless communications facility (monopole) was approved by the Planning Commission of the City of Needles on January 3, 2024. APC Towers has submitted a Conditional Use Permit application to request an amendment to the approved project to support an increase in height of the monopole by 25’.

X
X
X
X
X
ATTACHMENT NO. 5
Agenda Item 4.

Douglas C. Jones
ATTACHMENT NO. 5 Agenda Item 4.

X
Terrence B. Jones
ATTACHMENT NO. 5
Agenda Item 4.

AUTHORIZATION
Names and signatures of all persons having an interest in this property described as0{,6 Q -/ 6':l .. 07- Q�<) (the "Property'') whose consent is required (by virtue of such interest) to authorize the filing of this application.

NAME (print or type), Signature & Address
Signature..=,..,.�'4-�=�:....._�-------
Address 6 1 Six Forks Road, Suite 250-
Raleigh, NC 27615
Signature ______________ _
Address ---------------
OWNER*
CAPACITY (Check appropriate)
LESSEE AGENT OTHER (Describe)

APPLICANT
OWNER: As Owner of the Property, I DOI 1glas lanes hereby declare and certify under penalty of perjury under the laws of the State of California that the above-named person(s) is/are duly authorized to act on my behalf with the City of Needles and NPUA and represent my interests in the Property before the Planning nd the City Council/NPUA, including but not limited to in connection with the application filed .D() s{�, � c . .:I'6Yl e-3-
0wner name printed
NOTARY
OWNER SIGNATURE NOTARIZATION:

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

STATE OF CALIFORNIA )
COUNTY OF Q,'le(◊,d:e ) SS:

On brnw-.J-37 1012 _, before me, 1iocle& \\v�\c, Liy(J , a Notary Public, personally appeared D�\CA3, {'. J Qn-r:.'S, . Owner, who proved to me on the basis of satisfactory evidence to be the pers;hose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under penalty of perjury under the la"Jl.->,,!o<J,,-0,U,-.-- e- California that the foregoing is true and correct.

WITNESS my hand and official seal.
(seal)
ATTACHMENT NO . 5
Agenda Item 4.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Authorize the City Manager to execute the 2025 California Forbearance Agreement on behalf of the City of Needles along with Coachella Valley Water District, Imperial Irrigation District, The Metropolitan Water District of Southern California, Palo Verde Irrigation District Background: The City of Needles (City) is considering executing a forbearance agreement (Agreement) with the Coachella Valley Water District, Imperial Irrigation District, The Metropolitan Water District of Southern California, and Palo Verde Irrigation District similar to forbearance agreements like those the City signed in 2023 and 2024 related to water conserved in the Lower Colorado River Basin under the 2007 Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Powell and Lake Mead (2007 Interim Guidelines) and implementing agreements.

The Agreement would continue the parties’ existing forbearance obligations not to claim a right to the benefit of, the delivery of, or to the diversion of the water conserved through 2026 under specified conservation programs in order to increase storage in Colorado River reservoirs. The Agreement would also extend a 2007 agreement providing for the forbearance of intentionally created surplus (ICS) water created through 2025 and delivered through 2035. The extension would align the forbearance period with guidelines for ICS and its delivery through 2026 and 2036, respectively, as contemplated by the 2007 Interim Guidelines.

There is no impact on the City of Needles’ present and perfected water rights. The Board of Public Utilities approved the recommended action on March 18, 2025.

Fiscal Impact: None
Environmental Impact: Increased conservation of Colorado River water Recommended Action: Authorize the City Manager to execute the 2025 California Forbearance Agreement on behalf of the City of Needles along with Coachella Valley Water District, Imperial Irrigation District, The Metropolitan Water District of Southern California, Palo Verde Irrigation District Submitted By: Rainie Torrance, Utility Manager
Miles Krieger, BBK Law
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
3/19/2025
Agenda Item 5.
1 2025 California Forbearance Agreement
Coachella Valley Water District, Imperial Irrigation District, The Metropolitan Water District of Southern California, Palo Verde Irrigation District, and the City of Needles, each of which is a “Party” and together are the “Parties,” enter into this Agreement as follows:

Recitals
A. Each of the Parties to this Agreement is a California Colorado River contractor pursuant to a contract with the Secretary of the Interior for delivery of Colorado River water under Section 5 of the Boulder Canyon Project, which contracts, together with subsequent agreements among some or all the Parties or among some or all of the parties and the United States Department of Interior Bureau of Reclamation, and along with applicable State and Federal laws, define the rights of each Party to request and receive delivery of Colorado River water for diversion for beneficial uses within the State of California.

B. The Metropolitan Water District of Southern California (MWD) and Coachella Valley Water District (CVWD) executed agreements with the U.S. Bureau of Reclamation to conserve water to assist in maintaining storage in the Colorado River reservoirs to help prevent the reservoirs from declining below critical elevations as a result of recent hydrologic conditions in the Colorado River system. This Agreement provides assurance that no Party will claim a right to the benefit of, the delivery of, or to the diversion of the water conserved through 2026 under the Conservation Programs listed in Section 1 below in order to enable the water conserved to increase storage in the Colorado River reservoirs.

C. On December 13, 2007, the Secretary of the Interior adopted the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Powell and Lake Mead (2007 Interim Guidelines), which provide for the creation of Intentionally Created Surplus (ICS) through 2026 and the delivery of ICS through 2036. On December 13, 2007, the Parties along with the State of Arizona acting through the Arizona Department of Water Resources, the Southern Nevada Water Authority (SNWA), and the Colorado River Commission of Nevada (CRCN) entered into the Lower Colorado River Basin Intentionally Created Surplus Forbearance Agreement (2007 Lower Basin Forbearance Agreement) which provides forbearance for ICS creation through 2025 and ICS delivery through 2035. This Agreement extends the term of the 2007 Lower Basin Forbearance Agreement, as to the Parties, for creation of ICS through 2026 and delivery of ICS through 2036 in order to match the term for such actions provided for in the 2007 Interim Guidelines.

Now THEREFORE, in consideration of the agreements and covenants herein, the Parties agree as follows:

Forbearance of Conservation Programs

1. Each of the Parties hereby forbears any claim to the benefit of, to divert, or to seek the delivery of Colorado River water conserved by any of the following programs (“Conservation Programs”):

Agenda Item 5.
2 a. The System Conservation Implementation Agreement (SCIA) Between the United States Bureau of Reclamation and The Metropolitan Water District of Southern California to Replace Non-Functional Turf on Commercial, Industrial, and Institutional Properties to Implement Phase Two of the Lower Colorado River Basin Conservation and Efficiency Program (LC Conservation Program Phase Two), SCIA No. 24-XX-30-W0838 dated December 16, 2024 (up to 97,296 acrefeet through 2026). b. The System Conservation Implementation Agreement (SCIA) Between the United States Bureau of Reclamation and The Metropolitan Water District of Southern California to Construct a Groundwater Bank to Capture Surplus State Water Project Supplies to Implement Phase Two of the Lower Colorado River Basin Conservation and Efficiency Program (LC Conservation Program Phase Two), SCIA No. 24-XX-30-W0839 dated December 16, 2024 (up to 168,000 acre-feet through 2026).
c. The System Conservation Implementation Agreement (SCIA) Between the United States Bureau of Reclamation and The Metropolitan Water District of Southern California to Conduct Leak Detection and Repairs that Benefit Disadvantaged Communities to Implement Phase Two of the Lower Colorado River Basin Conservation and Efficiency Program (LC Conservation Program Phase Two), SCIA No. 24-XX-30-W0846 dated January 15, 2025 (up to 4,000 acrefeet through 2026). d. The amendment dated January 22, 2025 to the System Conservation Implementation Agreement (SCIA) between the United States Bureau of Reclamation and the Coachella Valley Water District to Implement the Lower Colorado Conservation and Efficiency Program (LC Conservation Program) based upon temporary and compensated conservation of Colorado River water historically used to recharge groundwater aquifers, SCIA No. 23-XX-30-W0764 dated July 24, 2023 (up to 35,000 acre-feet in 2026).
e. The System Conservation Implementation Agreement (SCIA) between the United States Bureau of Reclamation and Coachella Valley Water District to Install Tertiary Treatment at Water Reclamation Plant No. 4 (WRP 4 Recycled Water Project) to Implement Phase Two of the Lower Colorado River Basin Conservation and Efficiency Program (LC Conservation Program Phase Two), SCIA No. 24-XX-30-W0831 dated December 16, 2024 (up to 33,600 acre-feet through 2026).

2. The forbearance given by this Agreement as to the Conservation Programs identified in Section 1 above shall be for the benefit of each of the Parties and shall also be for the benefit of the United States Department of Interior, Bureau of Reclamation. This Agreement does not create any third-party beneficiary rights in any person other than the Parties and the United States Department of the Interior, Bureau of Reclamation.

Agenda Item 5.
3 3. The forbearance given by this Agreement as to the Conservation Programs identified in Section 1 is conditioned upon the annual verification of the conserved water after a workgroup consultation between the United States Department of Interior, Bureau of Reclamation, MWD, IID, and Coachella Valley Water District. Any objection must be conveyed in writing within twenty-one (21) days following the consultation.

Extension of 2007 Lower Basin Forbearance Agreement

4. The term of the 2007 Lower Basin Forbearance Agreement (provided for section 1.2 of that agreement), as to the Parties, for creation of ICS is extended through 2026 and for the delivery of ICS through 2036 in order to match the term for such actions provided for in Section XI.G.8 of the 2007 Interim Guidelines.

Agreement Is Non-Precedential, Contains No Admissions, and Modifies No Other Agreements

5. The Parties agree that this Agreement shall not in any matter constitute a precedent as to the following:
(a) any right, obligation, or authority of any Party to engage in a conservation program; (b) any methodology used to establish a baseline of consumptive use by which conservation for a program is measured or established in any future year; and (c) the quantity of water or the proportion of reduction of contractual entitlement that an agency may be required to conserve or not divert, during any declared shortage.

6. The Parties agree that the reference to “forbearance” in this Agreement does not constitute an admission by any Party that any Party actually has a legal right to claim the conserved water created by any other Party in the absence of a forbearance agreement.

7. Some of the Parties are parties to other agreements among themselves and others relating to drought or shortages on the Colorado River. Nothing in this Agreement expressly or implicitly amends, modifies, or conflicts with the provisions of any of those other such agreements.

Term

8. This Agreement shall be effective when signed by two or more Parties as between the initial signatory Parties and shall be binding upon a subsequent signatory Party as of the date of signature of that Party.

9. The obligations related to the forbearance of conserved water conserved relating to the Conservation Programs under Section 1 of this Agreement shall terminate on May 31, 2027.

Otherwise, the provisions of this Agreement shall remain enforceable.

Agenda Item 5.
4 Miscellaneous

10. The rights and obligations under this Agreement do not commit any Party to engage in the creation of conserved water under the Conservation Programs identified in Section 1 above.

11. Each Party represents and warrants that each person or persons executing this Agreement on its behalf is duly authorized to do so by the respective Party and that this Agreement binds that Party.

12. This Agreement may be executed in counterparts, each which is an original, but all of which together will constitute one and the same instrument.
[Signatures on following page]
Agenda Item 5.
5 The Parties are signing this Agreement as of the dates indicated below:

Approved as to form:
_______________________________
General Counsel
Approved as to form:
_______________________________
Legal Counsel
Approved as to form:
_______________________________
General Counsel
Approved as to form:
_______________________________
Legal Counsel
Approved as to form:
_______________________________
City Attorney

THE METROPOLITAN WATER DISTRICT

OF SOUTHERN CALIFORNIA
_______________________________
General Manager

COACHELLA VALLEY WATER DISTRICT
_______________________________
General Manager

IMPERIAL IRRIGATION DISTRICT
_______________________________
General Manager

PALO VERDE IRRIGATION DISTRICT
_______________________________
General Manager

CITY OF NEEDLES
_______________________________
City Manager
Agenda Item 5.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Authorize Phillips Construction to replace six (6) water meters not to exceed $59,600 utilizing Water Asset Replacement Funds
Background: Beginning in 2021, the NPUA began replacing all water and electric meters to advanced metering infrastructure (AMI). To date, the water department has replaced all water meters to AMI. The only remaining meters are the following six (6) – 4-inch commercial meters. The existing meters are not to code. All meters inside of a vault are required to be brought up to above grade. All meters listed below are underground. This work was not part of the AMI project and was not identified prior to beginning the project.

The Board of Public Utilities approved the recommended action on March 18, 2025.

1. 999 BNSF Depot

2. 1720 J Street

3. 900 Coronado

4. 720 Bailey Ave

5. 14010 Bailey Ave

6. 1215 Hospitality Ln.

Fiscal Impact: The water department has an asset replacement balance of $346K as of January 31, 2025. The balance is pending reimbursement from the State Water Resources Control Board.

Environmental Impact: N/A
Recommended Action: Authorize Phillips Construction to replace six (6) water meters not to exceed $59,600 utilizing Water Asset Replacement Funds
Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
03/18/25
3/19/2025
Agenda Item 6.

CITY OF NEEDLES
817 THIRD ST.

NEEDLES, CA 92363
March 11, 2025
TO: CITY OF NEEDLES
ATTN: RAINIE TORRANCE
RE: 4" METER INSTALL

1. 2.

3. 4.

5. 6.
999 BNSF DEPOT
1720JST.
900 CORONADO
720 BAILEY AVE.
1401 BAILEY AVE.
1215 HOSPITALITY LN.

PROPOSAL
PRICE: $9,600.00
PRICE: $9,800.00
PRICE: $9,800.00
PRICE: $9,800.00
PRICE: $9,800.00
PRICE: $10,800.00 Add valve in street
Provide equipment, labor and materials in order to bring new 4" water meters above grade, add a 4" valve before the meter and a 12" x4" spool after the meter. Meter provided by the City of Needles.

Includes: Equipment, labor and materials
Excludes: Permits, engineering, staking, asphalt
*City of Needles must be able to shut down the service line in order to complete the work.
**Existing vaults to be filled with dirt, no concrete is to be poured ��·�� - ,_ . < I ,-:�.

Melody Phillips� 1
Agenda Item 6.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Authorize the purchase of 60 - 36” Decorative Holiday Wreaths from Holiday Outdoor Décor not to exceed $26,000 utilizing the adopted FY25 electric budget Background: Annually, the Electric Department hangs wreaths on the decorative lights downtown for the holiday season. The current wreaths are from the mid-1990s. The current wreaths are weathered, deteriorating, damaged, difficult to find replacement bulbs, and they are beyond their useful life.

Several of the downtown decorative light fixtures have been damaged by vehicle accidents and staff have begun replacing them. Three downtown light fixtures were replaced in March, and five additional ones will be replaced in May when they arrive.

The current decorative lights are lightweight and cannot support much additional weight. Staff intended to create a decorative light committee to review and recommend replacement decorations; however, after staff completed their research, options were very limited.

Staff are recommending to purchase 60- 36” wreaths to replace the current decorations. Staff must make minor modifications to the wreaths, replace the plastic zip-ties, design and install a hooking system, and rewire the plug-in to fit the existing decorative lights.

The Board of Public Utilities approved the recommended action on March 18, 2025.

Fiscal Impact: The cost of the new decorative lights can be funded by the adopted FY 25 fiscal year budget.

Environmental Impact: N/A
Recommended Action: Authorize the purchase of 60 - 36” Decorative Holiday Wreaths from Holiday Outdoor Décor not to exceed $26,000 utilizing the adopted FY25 electric budget Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
03/19/25
Agenda Item 7.

QUOTE
Signature:

Name:

Title:

QUOTE ACCEPTANCE INFORMATION
20% Restocking fee and shipping on all returns
No returns without proper authorization
4% Credit Card payments fee
Custom Items are NOT returnable
After Account Terms due date, a monthly interest charge of

1.5% will be added on past due accounts (18% APR)
Please refer to our Terms and Conditions, here or
at https://holidayoutdoordecor.com/terms-conditions/
Account Terms DUE UPON RECEIPT
Grand Total $23,890.00
Total Price $23,890.00
Subtotal $23,890.00
Applicable Sales Tax will be added to Final Invoice
All shipping is estimated at time of order. Actual shipping costs may vary.

Invoices will be sent out as soon as purchased product ships.

This includes, both direct to customer or to an HOD
warehouse prior to installation.
817 3rd St
Needles, California 92363
United States
Ship To
Ship To Phone 760.326.5700
Ship To Name Callie Parra
817 3rd St
Needles, California 92363
United States
Bill To
Bill To Name Callie Parra
Account Name City of Needles
Email [email protected]
Bill to Phone 760.326.5700
Contact Name Cali Parra
Email [email protected]
Phone (952) 500-9668
Prepared By Sandy Gundy
Quote Number 00022002
Expiration Date 3/31/2025
PO Box 4365 Created Date 3/6/2025
Bethlehem, Pennsylvania 18018
United States
Company Address
Product Code Product Product Line Description Line Item Description Price Quantity Total Price GW-36-DC7-WW
36" Deluxe
Building Front
Wreath
36" Deluxe Building Front Wreath with (3)
Sets of Pinecones and 40 C7 in Warm
White LED
Sale price shown, reg
price $495.00 $321.75 60.00 $19,305.00
B-N18-RGT 18" Red Nylon
Bow, Gold Trim 18" Red Nylon Bow, Gold Trim, 4 Loop Sale price shown, regprice $45.00 $31.50 60.00 $1,890.00

SHIPPING SHIPPING
Dedicated Truck w/Lift
Gate for limited/gated
area.
$2,695.00 1.00 $2,695.00
Agenda Item 7.

IMAGE OF NEW HOLIDAY WREATH
Agenda Item 7.

City of Needles, California
Request for Commission Action
CITY COUNCIL BOARD OF PUBLIC UTILITIES Regular Special
Meeting Date: March 25, 2025
Title: Award Bid to Shipley Construction and Plumbing for the Purchase & Install Metal Building Project
Background: Included in the FY 25 Needles Public Utility Authority Capital Plan is the construction of a steel building for the electric department at the pole yard on California Avenue. This project has been requested by the electric department for several years.

Currently, the electric department lacks a storage area for the fleet, heavy equipment, and inventory. All fleet, equipment, and inventory are stored outside in the elements or stored in shipping containers. The extreme heat wears on fleet, equipment, and inventory. The construction of this building will protect the NPUA’s assets and increase the useful life of such assets.

On March 18, 2025, the Board of Public Utilities voted to recommend award of the Purchase & Install Metal Building project to the Needles Public Utility Authority (NPUA) to Shipley Construction and Plumbing in the amount of $585,697 plus 15% contingency of $87,855 for a total project cost Not to Exceed (NTE) $673,552.

The Board of Public Utilities approved the recommended action on March 18, 2025.

Fiscal Impact: As of January 31, 2025, the Electric Asset Replacement fund has a balance of $3.5M with no outstanding obligations
Environmental Impact: Categorical Exemption: Section No. 15332 - In-fill Development Projects Recommended Action: Award Bid to Shipley Construction and Plumbing for the Purchase and Install Metal Building Project in the amount of $585,697 plus 15% contingency of $87,855 for a total project cost NTE $673,552 and authorize staff to execute a Public Works Agreement with Shipley Construction and move forward with the Notice of Award and Notice to Proceed.

Submitted By: Kathy Raasch, Director of Development Services/Capital Projects Rainie Torrance, Utility Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
03/18/25
3/19/2025
Agenda Item 8.

Agenda Item 8.

ABS 2.0.1 A B C D 3D FRONT LEFT - (A) Main
Agenda Item 8.

ABS 2.0.1 B C A D ABS 2.0.1 MTC - MONTICELLO, IA ANCHOR ROD SECTION DETAILS - (A) Main Agenda Item 8.

ABS 2.0.1 B C A D ABS 2.0.1 MTC - MONTICELLO, IA ANCHOR ROD PLAN - (A) Main Agenda Item 8.

ABS 2.0.1 B C A D ARCHITECTURAL - (A) Main
Agenda Item 8.

ABS 2.0.1 MTC - MONTICELLO, IA CROSS SECTION AT FRAME LINES "3-5" - (A) Main Agenda Item 8.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: NPUA FY 23 Audit Change Order
Background: On August 8, 2023 Vasquez & Company LLP was chosen for professional auditing services for the NPUA audit for FY 23 and FY 24. Due to City staff changes, delays in providing required documentation, consultant changes, additional audit analysis required, detailed analysis of prior audit required and multiple follow-up meetings needed, additional fees have been incurred.

Fiscal Impact: Increase in audit fees of $20,000. This amount is already included in the FY 24 budget.

Environmental Impact: n/a
Recommended Action: Approve change order increasing the FY 23 NPUA audit fees by $20,000.

New total amount not to exceed $55,353.

Submitted By: Barbara DiLeo, Finance Department
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
3/19/2025
Agenda Item 9.

Agenda Item 10.

City of Needles, California
Request for City Council Action
[:8J CITY COUNCIL □ NPUA 1:8:l Regular D Special
Meeting Date: MARCH 25, 2025
Title: Warrants
Background: n/a
Fiscal Impact: See attached Warrant Registers
Environmental Impact: n/a
Recommended Action: Approve the Warrant Registers through MARCH 25, 2025.

Submitted By: Barbara Dileo, Interim Director of Finance City Manager Approval: � L�� / � Date: -S-/f-Z:S
Other Department Approval (when required)
: _______ _ Date: ____ _
Approved: Not Approved: Tabled: Other:

Agenda Item 11.

M I N U T E S

REGULAR MEETING OF THE CITY COUNCIL

NEEDLES PUBLIC UTILITY AUTHORITY

HOUSING AUTHORITY CITY OF NEEDLES

CITY OF NEEDLES, CALIFORNIA
EL GARCES – 950 FRONT STREET, NEEDLES
TUESDAY, MARCH 11, 2025 - COUNCIL EXECUTIVE SESSION – 5:15 PM - CITY COUNCIL MEETING – 6:00 PM CALL TO ORDER - Mayor Jernigan called the meeting to order at 5:22 pm

ROLL CALL

PRESENT
Council Member Zachery Longacre
Council Member Jamie McCorkle
Vice Mayor Ellen Campbell attended via Teams
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake
Also in attendance were City Manager Patrick Martinez, Deputy City Attorney Lena Wade, Director of Development Services Kathy Raasch, Utility Manager Rainie Torrance, and Interim City Clerk Candace Clark.

PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION
Jeff Williams spoke in favor of working with MIH to get their debt resolved, urging staff and council to consider the jobs and revenue they bring to the city.

Deputy City Attorney Lena Wade announced the conflicts of interest on Executive Session Item B for Council Member Pogue, whose son works for MIH, Vice Mayor Campbell, whose son works in the industry, and Council Member Longacre, who works in the industry; Due to the need for a quorum of 4 to vote, and according to FPPC Regulations, one of the conflicted members was chosen to vote by the drawing of straws as follows: Council Member Longacre drew the first straw, followed by Council Member Pogue drawing the second straw. Vice Mayor Campbell received the third straw, which was the short straw, and therefore Vice Mayor Campbell was chosen to participate in the vote.

RECESSED TO EXECUTIVE SESSION - 5:29 PM

EXECUTIVE SESSION
a. Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code section 54956.9(d)(1)) - Brian Brown v. City of Needles, Bernard Hatz, II, U.S. District Court for the Central District of California, Case No. 5:23-01118-MWC (SSC) b. Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). One potential Case.

CALL TO ORDER - Mayor Jernigan called the meeting to order at 6:12 pm

ROLL CALL

PRESENT
Council Member Zachery Longacre
Council Member Jamie McCorkle
Vice Mayor Ellen Campbell
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake
EXECUTIVE SESSION REPORT – Deputy City Attorney Lena Wade reported the following:
a. No reportable action
b. Council Member McCorkle made a motion, second by Council Member Belt, to authorize city staff and city attorney’s office to pursue any and all remedies available to the City and NPUA to Agenda Item 12. collect on a settlement agreement and promissory note, from the following entities: Medical Investor Holdings, LLC (MIH), NCA Management Company LLC, 3247 AM LLC, and 2103 D LLC.

Such authorization includes but is not limited to filing a lawsuit and pursuing any other available remedies. Motion carried by the following roll call vote:

Ayes: Council Member McCorkle, Vice Mayor Campbell, Council Members Belt, Longbrake Noes: None

Absent: None
Abstain: Council Members Longacre and Pogue (left the room during this item) With respect to unpaid utility bills, a motion was made by Council Member McCorkle, second by Council Member Belt, to allow staff to move forward in collecting unpaid utility bills. Motion carried by the following roll call vote:

Ayes: Council Member McCorkle, Vice Mayor Campbell, Council Members Belt, Longbrake Noes: None

Absent: None
Abstain: Council Members Longacre and Pogue (left the room during this item) With respect to unpaid taxes a motion was made by Council Member McCorkle, second by Council Member Belt to initiate proceedings to collect unpaid cannabis taxes. Motion carried by the following roll call vote:

Ayes: Council Member McCorkle, Vice Mayor Campbell, Council Members Belt, Longbrake Noes: None

Absent: None
Abstain: Council Members Longacre and Pogue (left the room during this item) PLEDGE OF ALLEGIANCE - led by Mayor Jernigan
INVOCATION - led by Vice Mayor Campbell
Mayor Jernigan asked for a moment of silence to acknowledge former City Employee Leo Renteria.

APPROVAL OF AGENDA
Council Member Pogue made a motion, second by Vice Mayor Campbell to approve the agenda.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None
CONFLICT OF INTEREST - None
CORRESPONDENCE - None
INTRODUCTIONS - Mayor Jernigan acknowledged former Council Member Tim Terral and former Mayor Jeff Williams in attendance.

CITY ATTORNEY – Parliamentary Procedures given by Deputy City Attorney Lena Wade.

PUBLIC APPEARANCE
Sonia Vicario, a resident at 900 Coronado Santiago Village, expressed concern about the unsafe living conditions in her complex, and urged staff to enforce code violations.

OATH OF OFFICE
City Manager Patrick Martinez introduced and gave a brief bio for new Code Enforcement Officer Ray Bernasconi. Interim City Clerk Candace Clark administered the Oath of Office.

PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS - None

COUNCIL CONSENT CALENDAR
Council Member McCorkle made a motion, second by Vice Mayor Campbell, to approve consent calendar items 1 through 3. Motion carried by the following roll call vote: Agenda Item 12.

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

1. Approved the Warrants Register through March 11, 2025

2. Approved the Minutes of February 25, 2025

3. Approved the Needles Rodeo Association Daily License Application for the Department of Alcoholic Beverage Control for their Needles Rodeo Association Rodeo, April 4 - 5, 2025. at the Needles Rodeo Grounds

END OF COUNCIL CONSENT CALENDAR

REGULAR COUNCIL ITEMS

4. Authorize the purchase of a Crafco Inc. EZ 1500 Crack Seal Trailer and an Empire Cat Sullair 375 Compressor, with a total cost not to exceed $184,972.

City Manager Patrick Martinez gave staff report.

Minimal council discussion ensued.

Council Member Longacre made a motion, second by Council Member Pogue, to authorize the purchase of a Crafco Inc. EZ 1500 Crack Seal Trailer and an Empire Cat Sullair 375 Compressor, with a total cost not to exceed $184,972.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

5. Authorize an additional $9,500 to the FY 25 budget for the demolition of the building at 100 G Street, utilizing general fund reserves for a total project cost not to exceed $19,500.

City Manager Patrick Martinez gave staff report.

Minimal council discussion ensued.

Council Member Longacre made a motion, second by Council Member Pogue, to authorize an additional $9,500 to the FY 25 budget for the demolition of the building at 100 G Street, utilizing general fund reserves for a total project cost not to exceed $19,500.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

6. Authorize the City Manager to proceed with GPS Trackit for Fleet Management Services at an annual cost of $9,600 under a three-year contract.

City Manager Patrick Martinez gave staff report.

Minimal council discussion ensued.

Public Comment - Tim Terral stated that he uses a GPS tracking system and suggested adding cameras, stating that in the event of an accident they pay for themselves.

Council Member Longacre made a motion, second by Council Member Pogue, to authorize the City Manager to proceed with GPS Trackit for Fleet Management Services at an annual cost of $9,600 under a three-year contract. Agenda Item 12.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

7. Adopt Resolution No. 2025-14 of the City Council of the City of Needles, approving the City of Needles Naloxone Policy and Procedures and authorize staff to proceed with implementation of the policy and procedures.

City Manager Patrick Martinez gave staff report.

Minimal council discussion ensued.

Public Comment – Sonia Vicario, who works for Pacific Clinics, spoke in favor, stated that they provide Narcan at their clinic.

Council Member Longbrake made a motion, second by Council Member Longacre, to adopt Resolution No. 2025-14 of the City Council of the City of Needles, approving the City of Needles Naloxone Policy and Procedures and authorize staff to proceed with implementation of the policy and procedures.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

8. Authorize those interested to attend the League of California Cities (LCC) City Leaders Summit in Sacramento April 23-25, 2025.

City Manager Patrick Martinez gave staff report.

Minimal council discussion ensued. Vice Mayor Campbell and Council Member Pogue expressed interest in attending. Council Member Longacre made a motion, second by Council Member McCorkle, to authorize Vice Mayor Campbell and Council Member Pogue to attend the League of California Cities (LCC) City Leaders Summit in Sacramento April 23-25, 2025.

Motion carried by the following roll call vote:

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None

9. Authorize those interested to attend the ICSC Event at the Las Vegas Convention Center on May 18-20, 2025
City Manager Patrick Martinez gave staff report.

Council discussion ensued. Mayor Jernigan, Council Members McCorkle, Longacre, Longbrake, and Vice Mayor Campbell expressed interest in attending. Council Member Belt made a motion, second by Council Member Pogue, to limit attendance to three council members. Staff will use drawing of straws to determine who attends. Motion carried by the following roll call vote:

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None
Agenda Item 12.

10. Authorize the City Clerk’s Department to publish a notice of vacancy on the Board of Public Utilities due to the retirement of Mike Schneider
City Manager Patrick Martinez gave staff report.

Council discussion ensued. Council Member Pogue made a motion, second by Vice Mayor Campbell, to authorize the City Clerk’s Department to publish a notice of vacancy on the Board of Public Utilities due to the retirement of Mike Schneider, and to publish any future vacancies as needed. Motion carried by the following roll call vote:

Ayes: Council Member Longacre, McCorkle, Vice Mayor Campbell, Council Members Pogue, Belt, Longbrake
Noes: None

Absent: None
Abstain: None
CITY ATTORNEY REPORT – given by Deputy City Attorney Lena Wade CITY CLERK REPORT – Given by Interim City Clerk Candace Clark CITY MANAGER REPORT – for the weeks of February 21, and 28, 2025 - given by City Manager Patrick Martinez

COUNCIL REQUESTS
Council Member Longacre – reported that the dugouts at Ed Parry Park are being trashed and asked staff to keep them locked up; feral cats are becoming an issue again; asked about pothole repair in the Vistas; asked about the paint for Cal-Trans to cover graffiti; reported on the upcoming community clean up on March 29 on San Clemente street; thanked law enforcement for their efforts in addressing the illegal truck parking issue on Ice Plant road.

Council Member McCorkle – reiterated the vandalism issue in the Ed Parry Park dugouts; asked staff to work on a master plan for beautification on Broadway.

Council Member Pogue – commended Council Member Longacre on his cleanup efforts; asked about Route 66 Pharmacy Medicare Part B insurance acceptance; thanked the Fire Department for the Household Hazardous Waste Collection event recently held.

Vice Mayor Campbell – asked about painting the electric boxes around town; reported that it is illegal for minors to ride a bike without a helmet and urged enforcement and asked about providing a safety course for children; commended the book box located by Dance Traxx and asked about getting more.

Council Member Belt – welcomed new Code Enforcement Officer Ray Bernasconi; urged staff to hire local whenever possible; reported Dance Traxx building needs repair and asked staff to look into it; reported on the Egg My Yard event in Bullhead and asked about doing that in Needles; asked about status of Splash Pad.

Council Member Longbrake – talked about Ed Parry dugouts being locked; reiterated Broadway beautification and asked about getting someone to do a mural on the theater; suggested Broadway be two lanes with parking on either side; asked staff to install road striping at Duke Watkins; asked for $20k to be donated by the city to Firehouse Ministries food bank; suggested city utilize local youth to paint the electric boxes.

Mayor Jernigan – reported on the podcast she participated in after the SBCTA meeting, with Mark Orr, Teamster representative; reported on the Little League season opener Eagles sponsored BBQ fundraiser; asked about a shade structure at Ed Parry park’ reported on the upcoming Resource Fair and Chamber Breakfast; reported the Barstow Chamber of Commerce is moving into the Barstow Harvey House; asked about dog park signs and solutions for eliminating dog poop in the ballfields; asked for law enforcement to address semi-trucks parking on Erin Drive; asked for an update on the Website; asked about fencing with slats around trash bins in Santa Fe Park.

ADJOURNMENT – Mayor Jernigan adjourned the meeting at 7:22 pm ________________________________________ _________________________________________ Mayor Janet Jernigan Interim City Clerk Candace Clark Agenda Item 12.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Award bid to S. Christensen Engineering, Inc. for the Phase IV-B Street Improvements Project
Background: In 2019, The City adopted a 15-year Pavement Management Plan (PMP) for maintenance of 47 miles of city streets. The PMP prioritized street projects by evaluating existing pavement conditions, current vehicle volumes, and identifying areas experiencing repeated water leaks.

The PMP is in the 4th year of the program with Phase IV-B recently designed. This phase includes the paving of the following streets: Desoto St., El Monte St., Carty Way, Carty Circle, Carty Place, I Street, G Street, H Street, Crestview Drive and La Mesa Way.

This project was advertised for bids on February 11, 2025, and bids were opened on February 28, 2025. The following two bids were received:
 S. Christensen Engineering, Inc. $1,156,400.60
 Vance Corporation $1,231,990.00
A bid evaluation has been completed and S. Christensen Engineering, Inc. was found to be the successful low bidder.

Budgeted under FY 2025 General Fund Public Works Street Improvements Fund.

Fiscal Impact:

Environmental Impact: N/A
Recommended Action: Award bid to S. Christensen Engineering, Inc. for the Phase IV-B Street Improvements Project in the amount of $1,156,400.60 plus 20% contingency for a total project cost of $1,387,680.72 and authorize staff to execute a Public Works Agreement with S. Christensen Engineering, Inc. and move forward with the Notice of Award and Notice to Proceed.

Submitted By: Kathy Raasch, Director of Development Services/Capital Projects City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
03/18/25
3/19/2025
Agenda Item 13.

Agenda Item 13.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Accept Change Order No. 1 (final) and the work completed by Superior Paving Company, Inc. DBA United Paving Company for the Obernolte Street Improvements Project and authorize the Notice of Completion.

Background: In March 2022, the City was awarded funding in the amount of $757,803 under the Community Project Funding/Congressionally Directed Spending (CPFCDS) program sponsored by Congressman Jay Obernolte for the Obernolte Street Improvement Project previously referenced as “Needles First Year Paving Replacement Phase 3 street improvements.

The project included paving of the following streets: 4th Street, 5th Street, Collins Street, Highland Ave, Coronado Street, Park Avenue, Orange Avenue, Erin Drive Loop and portion of L Street.

On May 14, 2024, the project was Awarded to United Paving Company in the amount of $ 971,988.40 plus 5% contingency for a total project cost of
$1,020,587.82. The project started in November 2025 and was completed in December 2025.

Change Order No. 1 (final) in the amount of $46,802 (final) is presented herein to reflect final quantity adjustments with costs covered by the project contingency funds resulting in a final contract amount of $1,018,298.29. Therefore, the final contract amount reflects a decrease in budget of $2,289.53.

Fiscal Impact: Funds to be reimbursed by Caltrans in the amount of $757,803 with $260,495.29 from budgeted general funds.

Recommended Action: Accept Change Order No. 1 (final) and the work completed by Superior Paving Company dba United Paving Company for the Obernolte Street Improvement Project for a total project amount of $1,018,298.29 and authorize staff to issue a NOTICE OF COMPLETION to be recorded with the San Bernardino County Recorder’s Office.

Submitted By: Kathy Raasch, Director of Development Services/Capital Projects City Manager Approval: Date:

Other Department Approval (when required): Date: 03/18/25 Approved: Not Approved: Tabled: Other:
3/20/2025
Agenda Item 14.

CITY OF NEEDLES

C H A N G E O R D E R
PROJECT: Obernolte Street Improvements Project ORDER NO: 1 (Final) OWNER: City of Needles CONTRACTOR: United Paving, Inc.

FOLLOWING CHANGES ARE MADE TO THE CONTRACT:

Description of Changes Decrease Contract Price Increase Contract Price 1) Additional Grind & Pave $ 44,626.00
2) Additional Striping $ 2,176.00
JUSTIFICATION:

Change Order items above reflect final quantities in the field during construction.

Original Contract Price $ 971,496.29
Previous Change Order(s) Amount $0.00
Original Contract Price plus previous Change Orders $ 971,496.29 Contract Price Due This Change Order $ 46,802.00
New Contract Price $1,018,298.29

CHANGE IN CONTRACT TIME
Contract Time will be
(Increased)
Adjusted Date for
Completion of all Work Calendar Days

N/A

APPROVALS REQUIRED
Requested by:

Signature (Project Manager)
Date: 02/20/2025
Contractor Acceptance:

Signature (Contractor)
Date:

Approved by: Date: 02/25/2025
Signature (City Manager) CC meeting

C H A N G E O R D E R
3/7/2025
Agenda Item 14.

RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is CITY OF NEEDLES
The ADDRESS of the OWNER is 817 THIRD STREET, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable)
The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

I, am the
(Name of below signor) (Owner, President, Authorized Agent, Partner, etc.) the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Notice of Completion 03-17-2023
The property on which said work of improvement was completed is in the City of Needles, County of San Bernardino, State of California, and was approved by the Needles City Council by minute action at the meeting and is DESCRIBED AS FOLLOWS:

Improvement on the property hereinafter described and COMPLETED on Improvements described as
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
Patrick J. Martinez City Manager
03/25/2025
Obernolte Street Improvements Project - Grind and pave of the following streets: 4th Street, 5th Street, Collins Street, Highland Ave, Coronado Street, Park Avenue, Orange Avenue, Erin Drive Loop and portion of L Street.

November 22, 2024
Superior Paving dba United Paving Company 1881 N Delilah Street, Corona, CA 92879 Various Streets - City Right-a-Way
03/25/2025
Agenda Item 14.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Cannabis Tax Audits
Background: At the August 30, 2022 City Council meeting, HdL Companies was chosen to perform the Cannabis audits for calendar years 2021 and 2022 with the option for City Council to extend the agreement. We would like to extend the agreement with HdL Companies to include the calendar year 2023 and 2024 Cannabis audits.

Fiscal Impact: A maximum cost of $462,000 for Cannabis audits for Calendar years 2023 and 2024. These amounts will be budgeted for FY 26.

Environmental Impact: n/a
Recommended Action: Extend the contract with HdL Companies to perform Cannabis Tax Audits for Calendar years 2023 and 2024 at a cost not to exceed $462,000.

Submitted By: Barbara DiLeo, Finance Department
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
3/19/2025
Agenda Item 15.
1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF NEEDLES AND HdL COMPANIES FOR

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (“Third Amendment”) is made and entered into March 25, 2025 (“Effective Date”) by and between the City of Needles, a California Charter City, (hereinafter referred to as the “City”) and Hinderliter de Llamas and Associates, also known as Hdl Companies, a California Corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

City and Hdl Companies entered into a PROFESSIONAL SERVICES AGREEMENT dated February 22, 2024 which authorized compensation to HdL in the amount of One Hundred and Seventy Thousand Dollars ($170,000) for Cannabis Tax Field Audits of 16 Cannabis facilities.

The parties wish to amend the Agreement to increase the compensation as follows:

3. AMENDMENT.

Section 3.1.2 Term. The term of this Agreement shall become effective when the First Amendment has been executed and shall remain in effect until terminated as provided herein. Notwithstanding anything to the contrary in this Agreement, this Agreement shall automatically terminate after 2 years unless extended in writing by the Parties with the approval of the City Council of the City.

Section 6.1 Section 6.1 of the Agreement is removed in its entirety and is amended to read as follows: “Consultant shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Section 6, total fees and charges paid by City under this Agreement shall not exceed in the aggregate amount since conception, Six Hundred and Thirty Two Thousand Dollars ($632,000) without approval by the City Council of City.

All other terms of the Agreement not specifically amended shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the date and year set forth above.

Agenda Item 15.
2 CITY: (City of Needles)
BY:

Patrick Martinez
TITLE: City Manager
DATE:

ATTEST:

BY:

Candace Clark
TITLE: City Clerk
DATE:

CONSULTANT:

BY:

Andrew Nickerson
TITLE:

President
DATE:

Agenda Item 15.
3 EXHIBIT C
Insurance Requirements
Time for Compliance.

Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

Minimum Requirements.

Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement.

Such insurance shall meet at least the following minimum levels of coverage:
i. General liability. 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. ii. Automobile liability. Consultant shall maintain automobile 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 the 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.
iii. Professional liability (errors & omissions). 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.
iv. Worker’s Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Agenda Item 15.
4 Other Provisions or Requirements
 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insured’s provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.  Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City.
 Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
 City Approval. All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
 Primary/noncontributing. 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 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.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold Agenda Item 15.
5 amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
 Waiver of subrogation. 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.
 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
 Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
 Additional insured status. All policies required herein 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.
 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
 City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change Agenda Item 15.
6 results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
 Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
 Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Agenda Item 15.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Resolution No. 2025-15 authorizing the City Manager or his designee, the Community Services Manager, to purchase one (1) Nine Passenger Transit Vehicle for use by the Dial-a-Ride (Specialized Transportation) Transit Services Background: $180,857 has been budgeted in the 2025-2026 fiscal year for the purchase of a new DAR vehicle, funding which will come from State Transit Assistance (STA) Capital through the San Bernardino County Transportation Authority (SBCTA). This resolution will allow the city to purchase through the California Association for Coordinated Transportation (CalACT)/Morongo Basin Transit Authority (MBTA) Vehicle Purchasing Cooperative which reduces the cost and saves staff time in going through a formal bidding process (the Cooperative has already done it).

Fiscal Impact: $180,857 has been budgeted in the current fiscal year and will be reimbursed by SBCTA after the purchase is complete
Environmental Impact: N/A
Recommended Action: Waive the reading and adopt Resolution No. 2025-15 authorizing the City Manager or his designee, the Community Services Manager, to purchase one Nine Passenger Transit Vehicle for use by the Dial-a-Ride (Specialized Transportation)Transit Services.

Submitted By: Cheryl Sallis, Community Services Manager City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
03/18/25
3/19/2025
Agenda Item 16.

RESOLUTION NO. 2025-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES, CALIFORNIA,

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, THE COMMUNITY SERVICES MANAGER, TO PURCHASE ONE (1) NINE PASSENGER TRANSIT VEHICLE FOR USE

BY THE DIAL-A-RIDE (SPECIALIZED TRANSPORTATION) TRANSIT SERVICES NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Needles, California, does hereby authorize the California Association for Coordinated Transportation (CalACT)/Morongo Basin Transit Authority (MBTA) Vehicle Purchasing Cooperative to purchase one (1) nine passenger transit vehicle for and on behalf of the City of Needles, and that Patrick Martinez, City Manager, or his designee, Cheryl K. Sallis, Community Services Manager, are hereby authorized and directed to sign and deliver all necessary requests and documents in connection therewith for and on behalf of the City of Needles. The total price of the one nine passenger transit vehicle for use by the Dial-a-Ride (Specialized Transportation) Transit Services shall not exceed $180,857.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the 25th day of March, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
Mayor
(SEAL)
ATTEST:________________________________________
Interim City Clerk
APPROVED AS TO FORM:
___________________________________
Deputy City Attorney
Agenda Item 16.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: March 25, 2025
Title: Accept the Proposal from Kimley-Horn and Associates, Inc. to Provide Consultant Professional Services for an Active Transportation Plan and grant authority to the City Manager to execute the agreement.

Background: On November 2, 2023, the city submitted an application to California Air Resources Board (CARB) for $370,730 to develop a comprehensive Active Transportation Plan (ATP).

On January 5, 2024, the city was notified that its application had been approved and selected for funding. On January 23, 2024, City Council authorized the Mayor to execute the grant acceptance letter and on February 24, 2024, a Resolution was adopted to participate in the Statewide Planning and Capacity Building program. Therefore, the City moved forward with finalizing a Grant Agreement with “Data for Social Good” acting on behalf of CARB for approval on September 10, 2024.

The consultant selected to develop the City ATP will work closely with the community to develop a Pedestrian Master Plan, a Bicycle Master Plan, a Trail Master Plan, Safe Routes to School, and identify a priority list of projects to improve pedestrian mobility and implementation plan for said projects.

Additionally, the planning process will help encourage and support the community in choosing to walk or bike to their destinations and will include special events such as a bike rodeo, e-bike giveaways, focus groups with stipends and gift cards, transportation survey development, and distribution.

A Request for Proposals (RFP) for consultant services was posted on November 8, 2024, with a proposal due date of December 18, 2024. A total of three (3) proposals from qualified firms were received by the deadline who were interviewed by a selection committee on the criteria outlined in the RFP. The following three firms were selected to move on to the interview process:
• Kimley-Horn and Associates, Inc.
• GTS General Technologies and Solutions
• FEI Associates Consulting Engineers
After careful consideration and evaluation by the selection committee, Kimley-Horn and Associates, Inc. was selected to move forward in the process and negotiate an agreement with the City.

Fiscal Impact: A Not-to-Exceed amount of $266,995 will be reimbursed from grant funds provided by Data for Social Good (DSG) on behalf of CARB. The General Fund will initially cover the cost, with reimbursement from the grant ensuring no long-term financial burden on the City.

Environmental Impact: The Active Transportation Plan will develop a plan for future project planning to reduce greenhouse gas emissions.

Recommended Action: Accept the Proposal from Kimley-Horn and Associates, Inc. to Provide Consultant Professional Services for an Active Transportation Plan for a Not to Exceed amount of $266,995 and grant authority to the City Manager to execute the agreement.

Submitted By: Kathy Raasch, Director of Development Services/Capital Projects City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:
3/20/2025
03/20/25
Agenda Item 17.
1 Attachment 1

CITY OF NEEDLES

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of March 2025, between the CITY OF NEEDLES, a California Charter City, (hereinafter referred to as the “City”) and Kimley-Horn and Associates, Inc. (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Services.

The City solicited proposals to provide City of Needles and Consulting Services pursuant to that certain Request for Proposals, which is attached hereto as Exhibit “A.”

2.2 Proposal
Consultant has made a proposal (“Proposal”) to the City dated December 4, 2024 to provide such professional services, which Proposal is attached hereto as Exhibit “B.”

2.3 Consultant.

City desires to retain Consultant to perform and assume responsibility for the provision of such services required by the City on the terms and conditions set forth in this Agreement. Consultant represents and warrants to City that Consultant possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

2.4 Grant Agreement.

City has entered into a Grant Agreement with the Statewide Planning and Capacity Building Project Administrator (hereinafter referred to as “PCB Administrator”, “Data for Social Good”, “DSG”, or “CARB’s designee”)(“Grant Agreement”) and the Parties acknowledge that the terms, conditions, and requirements of the Grant Agreement, including all exhibits and attachments thereto, are material to this Agreement and are hereby incorporated by reference as if fully set forth herein and attached hereto as Exhibit “D.” The Parties intend for this Agreement to be interpreted and performed in a manner consistent with the City’s obligations under the Grant Agreement.

2.5 Exclusion of Grant Agreement Indemnification.

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2 Notwithstanding the incorporation of the Grant Agreement, the Consultant shall not be subject to the indemnification provision contained in Section 24 of the Grant Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 Professional Services. Consultant agrees to perform the services described herein and in “Exhibit B” (“Services”). All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Consultant designates Darryl DePencier, AICP, GISP, RSP as Consultant’s professional responsible for overseeing the Services provided by Consultant.

3.1.2 Term. This Agreement shall become effective when executed and shall remain in effect until terminated as provided herein. Notwithstanding anything to the contrary in this Agreement, this Agreement shall automatically terminate after one (1) year unless extended in writing by the Parties with the approval of the City Council of the City.

3.1.3 Conflict. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or by its employees under Consultant’s supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for other clients during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of the City and shall at all times be under Consultant’s exclusive direction and control.

Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall determine its own work hours and schedule; provide its own equipment; maintain its own offices; provide its own vehicles; insurance; cell phones and office phones; and Consultant shall be solely responsible for managing and supervising its personnel and employees. Consultant shall further be responsible for all reports and obligations, including, but not limited to: social security taxes, Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
3 income tax withholding, payroll taxes, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the applicable standard of care. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of a Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-assigned to perform any Services to City.

3.2.3 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services. If the Consultant performs any work contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom.

Consultant shall defend, indemnify, and hold the City, its officials, directors, officers, employees and agents harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.4 Employment Eligibility. Consultant shall be solely responsible for obtaining Employment Eligibility Verification information from Consultant’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Consultant’s employees are eligible to work in the United States.

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4 3.2.5 CalPers. In the event that Consultant employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

3.2.6 Drug-free Workplace Certification. By signing this Agreement, the Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.

3.2.7 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees, City personnel and third parties appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

4. Indemnification; Insurance.

4.1 Insurance. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached to and made a part of this Agreement.

4.2 Indemnity for Professional Liability. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, to the extent caused by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

4.3 Indemnity Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
5 officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or the City for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

4.4 Duty to Defend. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the negligent performance of the Services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters. Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. Notwithstanding any other provision of this Agreement, in no event shall the cost to defend charged to Consultant exceed the Consultant’s proportionate percentage of fault.

5. Responsibilities of City.

5.1 Requests. The City agrees to comply with all reasonable requests of Consultant and provide reasonable access to documents including objectives and constraints, space, capacity, and performance requirements, flexibility, and expandability, and any budgetary limitations, reasonably necessary to the performance of Consultant's duties under this Agreement. In order to facilitate Consultant’s conformance with the performance schedule, the City shall respond to Consultant’s submittals in a timely manner.

5.2 City Representative. The City designates the City Manager or his designee as City representative (“City Representative”) with respect to the work to be performed under this Agreement. The City Representative shall have complete authority to transmit instructions, receive information, and interpret and define the City’s policy and decisions with respect to materials, equipment, elements, and systems pertinent to the Services covered by this Agreement.

6. Fees and Payments.

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6 6.1 Compensation. City agrees to pay Consultant the amount of $266,995.

Consultant shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Section 6, total fees and charges paid by City under this Agreement shall not exceed $266,995 without approval by the City Council of City.

6.2 Invoices. Consultant shall submit to the City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall have the right to review and audit all invoices prior to or after payment to Consultant. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Consultant with a request for explanation or adjust the payment accordingly, and give notice to Consultant of the adjustment.

6.3 Payment. If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Consultant in writing of the disputed portion.

6.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the City Manager.

6.5 Additional Services. In the event Consultant performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Consultantshall not be compensated for such services. Consultant expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.

6.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 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. If the Services are being performed as part of an applicable “public works” or Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
7 “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

6.7 Accounting Records.

6.7.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

7. General Provisions.

7.1 Termination of Agreement.

7.1.1 Grounds for Termination. The City or Consultant may, by written notice to the other party, terminate this Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been actually and adequately rendered to the City, and Consultant shall be entitled to no further compensation.

7.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Consultant shall provide all finished or unfinished Documents and Data (as defined below), programming source code, plans reports and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.

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8 7.1.3 Services. In the event this Agreement is terminated in whole or in part as provided herein, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

7.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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9 To Consultant: Kimley-Horn and Associates, Inc
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90071
Attention: Darryl dePencier

To City: City of Needles
817 Third Street
Needles, CA 92363
Attention: Patrick Martinez, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

7.3 Ownership of Materials and Confidentiality.

7.3.1 City Ownership. All documents and data (“Documents & Data”), including data on electric, digital or magnetic media, prepared by Consultant under this Agreement shall be the property of the City, except that Consultant shall have the right to retain copies of all Documents & Data for its records.

The City shall not be limited in any way in its use of the Documents & Data at any time. Should Consultant, either during or following termination of this Agreement, desire to use any Documents & Data prepared in connection with this Agreement, Consultant shall first obtain the written approval of the City Manager. Any modifications made by the City to any of the Consultant’s documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the City’s sole risk and without liability to the Consultant.

7.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of the City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use the City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
10 paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

7.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

7.5 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

7.6 Governing Law. This Agreement is entered into and shall be performed in Needles, California and shall be governed by the laws of the State of California.

Any claims arising under this Agreement shall be brought in the state or federal courts located in San Bernardino County.

7.7 Time of Essence. Time is of the essence for each and every provision of this Agreement. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. While times for performance may be extended as necessary for delays or suspensions due to circumstances beyond the Consultant control, the Consultant shall make all reasonable efforts to minimize such delays. The Consultant agrees to adhere to the schedule as outlined in Exhibit “B” and shall promptly notify the City of any potential delays, providing updated timelines and mitigation strategies to ensure timely completion. Notwithstanding, the Consultant will attempt to stay on schedule as described in Exhibit “B.”

7.8 City’s Right to Employ Other Consultants. The City reserves the right to employ other consultants at any time for any purpose.

7.9 Assignment; Sublease; Transfer. Consultant shall not assign, sublease, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior signed written consent of the City Manager.

Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

7.10 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to the City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
11 paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

7.11 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

7.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

7.13 No Third Party Beneficiaries. The Needles Public Utility Authority and other City entities shall be intended beneficiaries of this Agreement. Otherwise, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

7.14 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

7.15 Improper Payment. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability.

7.16 Conflict of Interest. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Consultant has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Consultant agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Consultant shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

7.17 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
12 origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

7.18 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

7.20 Attorney Fees. If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

7.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

7.22 Contents of Request for Proposal and Proposal. Consultant is bound by the contents of City's Request for Proposal and the Proposal. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Proposal. The incorporation of the Proposal shall be for the Services to be rendered and the price for such Services only, and any other terms and conditions included in the Proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.
[Remainder of the page intentionally left blank.]
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13 SIGNATURE PAGE TO

CITY OF NEEDLES

PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the date and year set forth above.

CITY:

CITY OF NEEDLES
A municipal corporation and charter city
By: ________________________________
Patrick Martinez, City Manager

CONSULTANT
Kimley-Horn and Associates, Inc
A North Carolina Corporation
By: __________________________
Jean B. Fares, P.E. (TR#2097)
Sr. Vice President
ATTEST:

By:________________________
Candace Clark, Interim City Clerk
APPROVED AS TO FORM:

By:___________________________
John O. Pinkney, City Attorney
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EXHIBIT A
Request for Proposals

INFORMAL BID
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1 CITY OF NEEDLES
Request for Proposals (RFP)

FOR PROFESSIONAL CONSULTANT SERVICES

FOR THE NEEDLES ACTIVE TRANSPORTATION PLAN
RFP Posted on November 6, 2024
Proposals due by December 4, 2024
NOTICE IS HEREBY GIVEN that the City of Needles (“City”) is seeking proposals from qualified consultants (hereinafter “Consultant” or “Consultants”) to provide Professional Consultant Services for the development of an Active Transportation Plan (ATP) as described in this Request for Proposal (“RFP”). Firms are solely responsible for ensuring their proposals are received by the submittal deadline. Proposals should be submitted in PDF format uploaded to PlanetBids and should be in a format allowing easy download and printing by the City. All pages should be 8-1/2” x 11” only, and easily printable and reproducible. Proposals received after the deadline will not be accepted and considered. Proposals must be uploaded and submitted in PlanetBids no later than 3:30PM Pacific Standard Time, On December 4, 2024, via upload to PlanetBids at the following link:
https://vendors.planetbids.com/portal/57515/bo/bo-detail/123334 Proposals must be signed by a representative authorized to bind the company. The City reserves the right to reject all Proposals and to waive any minor informalities or irregularities contained in any proposal. Acceptance of any Proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract.

The contract award, if any, will be made to the firm who, in the City’s sole discretion, is best able to perform the required services in a manner most beneficial to the City of Needles.

CITY OVERVIEW
The City of Needles is located in eastern San Bernardino County and is immediately adjacent to the Colorado River along the border of California and Arizona. The Southern tip of Nevada is located within ten (10) miles of the Northern tip of the City limits of the City of Needles.

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2 The current population of Needles is 5,353 (January 1, 2021). The City encompasses about 31 square miles and is part of what is commonly referred to as the Colorado River Region which includes the Arizona communities of Lake Havasu City, Bullhead City, Fort Mohave (unincorporated) and Laughlin, Nevada. The community has Interstate 40 running through it (west to east) and Interstate 95 (north to south).

OBJECTIVES
Preparation of the ATP will help the City address active transportation needs by supporting the development of more sustainable, livable, and efficient walkable communities. The prioritized list of recommendations shall be tied to measurable goals and objectives that shall be developed based on both community input as well as technical analyses throughout the process. The ATP shall provide all the necessary information and analysis required by State guideline for Active Transportation Plans. By prioritizing improvements, the ATP shall guide future City efforts to secure funding and rapidly implement improvements to strengthen the active transportation network.

The proposed ATP shall address the following goals:

1. Provide a master plan that will guide the City’s active transportation programs, es tablish priorities, and inform future capital investments.

2. Engage and solicit input from community stakeholders.

3. Incorporate local and regional bikeway planning into the City’s priorities.

4. Develop a comprehensive understanding of pedestrian needs and issues.

5. Provide a toolbox of active transportation guidelines and treatments.

6. Provide an overview of active transportation funding opportunities.

7. Encourage demonstration projects and programs targeting active transportation goals.

SCOPE
The City of Needles seeks proposals from qualified firms for the purpose of developing an Active Transportation Plan that will provide a clear and comprehensive framework for new and safer transportation options throughout the City. The Active Transportation Plan will be incorporated into the Transportation Element of the City of Needles General plan.

The Active Transportation Plan will:

1. Identify opportunities and challenges for implementation of improvements

2. Identify recommended improvements to existing city-wide bicycle and pedestrian pathways

3. Proposed new bikeways, pedestrian walkways, and Safe Routes to School networks and close existing gaps

4. Establish on-going maintenance programs for these non-motorized pathways.

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3 5. Create a Bicycle Master Plan

6. Create a Pedestrian Master Plan

7. Create a Trail Master Plan

8. Provide a comprehensive project list from which a priority list of twenty project locations and an implementation plan will be created

9. Provide a “Best Practices” toolkit for implementation of all identified nonmotorized transportation facilities

10.Provide VMT Offset analysis which will include analysis of existing conditions and projected reductions with implementation of identified projects. a. Walk/bike time analysis discussing the stress level to the streets b. Collision Analysis

11.Design Standards which will include standard cross sections

GRANT ADMINISTRATION
Qualified Consultants must have experience with active transportation planning and pub lic outreach. It is expected that the chosen consultant will complete the scope of work approved by CARB and provide the deliverables listed below in addition to those identified in the CARB approved scope, The list is not extensive and does not include CARB’s scope or those included in section III.

1. Meeting Agendas, Meeting Sign in Sheets, Meeting action items.

2. Community Outreach Plan.

3. Copies of bilingual flyers.

4. Log of where flyers are posted.

5. Direct mailing list, and Dissemination dates.

6. Copies of bilingual PSAs and record of when PSAs were printed/published.

7. 10 bike/pedestrian audits of schools and survey results from top ten employers in the City.

CONTENTS OF PROPOSAL
All Consultants’ proposals shall include the following:

1. Cover Letter
A cover letter summarizing key elements of the Consultant’s proposal. Indicate the address and telephone number of the Consultant’s office located nearest to Needles, California, and the office from which the Services will be managed.

2. Statement of Interest and Background.

Describe why the Consultant has an interest in this RFP and why it would be the City’s best choice, and a Statement of the Consultant’s background and philosophy.

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4 3. Business Information
State the full legal name of the Consultant’s business, including the state of incorporation, as applicable. State the number of years the Consultant has been providing consultant services. List the names of principals or officers authorized to legally bind the Consultant, including position titles.

4. Experience/Qualifications Information
Provide information concerning your firm’s experience and qualifications directly related to the services set forth herein. Additionally, this section shall define the experience of the Project Manager, other key personnel and sub consultants assigned to the Project. Include resumes for all managers, supervisors, and other key individuals including sub-consultants who will comprise the team.

Demonstrate the relevant expertise and experience of each team member. The designated Project Manager shall be the primary contact with the City during the Project period. The respondent must perform most of the services. Respondent shall disclose in the proposal all proposed subconsultant(s), including details regarding which tasks they would perform.

5. Approach/Methodology
Consultant shall provide a detailed explanation how its firm would perform the Services required as set forth herein and demonstrate how the requirements and provisions of the scope of this Project will be implemented. Consultant shall demonstrate knowledge of the Project's Objectives and existing conditions/assumptions; identify potential issues/challenges; and describe your firm’s approach to minimize disruptions to performance. Consultant shall present a comprehensive plan for completing the specified Scope of Services. The proposal should demonstrate an efficient use of work force, material resources, equipment, and technology to complete the Project within the constraints outlined in the Scope of Services and provide any additional information that communicates how your team intends to achieve the required outcomes and fulfill the responsibilities of the anticipated Agreement. A Project schedule should be included that details each Service, the timeframe for each and showing the total number of calendar days from issuance of the Award through 100% completion of the Services.

6. References.

Provide a minimum of three (3) references for work similar to this Scope of Services that the Consultant has provided within the last five (5) years. Include a Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
5 detailed description of the services, the agency or firm names, contact names, phone numbers, email addresses, and dates of services performed.

7. Cost Proposal
The Cost Proposal should include a fee schedule/pricing information for each Service, as may be necessary, and a total lump sum price for the full Scope of Services. Include hourly rates for each category of employee or sub consultants required to perform the Scope of Services as set forth in this RFP.

REFERENCES
Provide a minimum of three (3) references for work similar to this Scope of Services that the Consultant has provided within the last five (5) years. Include a detailed description of the services, the agency or firm names, contact names, phone numbers, email addresses, and dates of services performed.

QUESTIONS, ANSWERS, AND ADDENDUM TO RFP
Post any questions on PlanetBids by the question deadline of Wednesday November 20, 2024 at 3:30pm PST.

Prior to the RFP Submittal Deadline, questions may arise regarding any aspect of this RFP. No later than 3:30 PM PST on November 20, 2024 (“RFP Questions Due Date”), all questions pertaining to this RFP shall be posted in the Q & A section of PlanetBids Vendor Portal.

The RFP Administrator will draft, in consultation with other City staff, a response to all questions submitted by all prospective Consultants. The responses will be emailed via PlanetBids to the inquiring Consultants after the RFP Questions Due Date but no later than 7 days prior to RFP due date.

Changes to the RFP itself shall only be made by the City via a formal written addendum and shall become a part of the RFP document.

SUBMITTAL DEADLINE AND FORMAT
Proposals must be received no later than 3:30PM PST, On December 4, 2024, via upload to PlanetBids at the following link:
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6 Proposals will only be accepted in Portable Document Format (PDF) via PlanetBids. One (1) digital copy of the proposal, including one (1) digital copy of the cost proposal in PDF form shall be uploaded and submitted in PlanetBids no later than the RFP Submittal Deadline. Proposals received after the deadline will not be accepted and considered.

SELECTION PROCESS
The City intends to evaluate Consultants based upon the data presented in the proposals submitted in response to this specific RFP. The City reserves the right to determine whether a proposal meets the requirements of this RFP and reject any proposal that, in the City’s sole and absolute discretion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any or all proposals.

The City may utilize some or all of the following general selection criteria (Technical Evaluation, Interviews, and Reference Checks) to evaluate the proposals:

TECHNICAL EVALUATION
Firms may be evaluated on the following criteria:

1. Qualifications of the Consultant and Consultant’s team conducting similar Services of comparable complexity and magnitude, particularly for government agencies.

2. Relevant experience of the Consultant with similar Services, including the level of education, training, licensing, and certification of staff.

3. A demonstrated understanding of the City’s needs and the RFP requirements.

4. The proposal is responsive, well organized and presented in a clear, concise, and logical manner; quality control, thoroughness, and ability to meet deadlines is well defined.

5. Capability to perform the Scope of Services promptly and in a manner that meets established deadlines.

6. Approach/Methodology identified in Consultant’s proposal.

7. Ability to communicate and work effectively with City staff, other public agencies, and related parties as necessary to successfully perform the Scope of Services.

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7 8. Availability, experience, and knowledge of all subconsultants engaged by the Consultant to complete the Scope of Services.

9. Fair, reasonable, and competitive cost to deliver the of the Scope of Services

INTERVIEWS
The City reserves the right to conduct interviews with any Consultant. Should the City pursue scheduling interviews

REFERENCE CHECK
The City may perform reference checks for similar work completed for any Consultant interviewed.

PROFESSIONAL SERVICES AGREEMENT
The City anticipates entering into an Agreement for Professional Consultant Services (“Agreement”) with the selected Consultant(s) based on the negotiated Scope of Services and agreed upon fee. Proposal pricing shall include applicable licenses, insurance coverage, endorsements, bonding and if necessary, any wage compliance deemed necessary to perform the Scope Services described in this RFP. City will not be responsible for reimbursing Consultant(s) for any charges not included in the Cost Proposal that are incurred in securing these requirements.

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EXHIBIT B
Proposal
[Attached behind this page]
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City of

NEEDLES
Prepared for: Professional Consultant Services for the

PROPOSAL FOR
NEEDLES Active
Transportation Plan
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Table of Contents
Cover Letter................................................................................................................................2 Statement of Interest and Background........................................................................................4 Business Information...................................................................................................................4 Principals or Officers Authorized to Legally Bind ....................................................................4 Experience/Qualifications Information..........................................................................................8 Proposed Staffing................................................................................................................11 Resumes.............................................................................................................................12 Approach/Methodology ............................................................................................................19 Scope of Services ...............................................................................................................23 Project Schedule .................................................................................................................27 References ...............................................................................................................................28 Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
» 73-700 Dinah Shore Drive, Unit 101
Palm Desert, CA 92211
TEL 760.565.5103
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Cover Letter
December 4, 2024
Kathy Raasch
City of Needles
Procurement Department
817 3rd Street
Needles, CA 92363
Re: Proposal for Professional Consultant Services for the Needles Active Transportation Plan Dear Ms. Raasch and Members of the Selection Committee:

As the City of Needles (City) prepares for continued community development with an Active Transportation Plan, selecting the team with the right combination of knowledge and experience in active transportation planning and design is critical. This project aims to provide safe and connected mobility options for all users while improving quality of life, sustainability, and safety for City residents. Kimley-Horn and Associates, Inc. (Kimley-Horn) has the experience, skills, resources, and passion to help the City succeed in this endeavor and is committed to providing the City with the following added benefits:

EXTENSIVE SAFETY AND ACTIVE TRANSPORTATION EXPERIENCE. Kimley-Horn’s experience ranges from regional planning, project selection, and grant application submittals to the design and construction of over 2,000 miles of pedestrian, bicycle, and trail projects nationwide. Our project manager and main point of contact, Darryl dePencier, AICP, GISP, RSP2B, has over 17 years of experience in the transportation industry, particularly focused on bicycle and pedestrian safety. Darryl just completed the statewide Vulnerable Road User Safety Assessment for Caltrans and the Federal Highway Administration (FHWA), has conducted roadway safety plans for over 40 California cities, and recently wrapped up the City of Bakersfield’s Active Transportation Plan. He will be supported on this project by a team of engineers, planners, and public outreach specialists who have worked with each other on multiple projects, so communication within our team will be seamless. You can be confident that the deep bench of active transportation specialists we have included on this team will bring their track record of success with relevant regional projects and will help you identify and prioritize competitive projects that are innovative, yet practical.

EXTENSIVE EXPERIENCE WITH SECURING GRANTS. Kimley-Horn has diverse experience completing and securing funds through federal, state, and regional grant applications, including for the Active Transportation Program (ATP), Sacramento Area Council of Governments (SACOG) Funding Program, Caltrans Highway Safety Improvement Program (HSIP), California Transportation Commission’s SB 1 Programs, and more! In fact, Kimley-Horn’s grant writing experience has helped our clients in California secure more than $850M over the past few years. Our team understands deadlines, requirements, and scoring criteria for grants, and we have a recognized record of assisting staff and maximizing funding opportunities. In addition, our staff supplies effective and often innovative methods for helping to ensure public participation and support.

COLLABORATIVE AND INCLUSIVE PUBLIC ENGAGEMENT PROGRAM. Our ultimate objective for public engagement is to effectively reach all segments of the City’s diverse
community and help ensure every member is aware of the various ways they can participate. We are committed to connecting with individuals through their preferred method, be it in person, online, virtual, one-on-one, and in either English or Spanish. Our aim is to provide the public with timely and transparent information, while also prioritizing their voices and input—making sure that they are both heard and valued—to deliver a project that successfully meets the needs of everyone in your community.

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We are committed to providing you with a high level of professional services and are excited for the opportunity to further enhance the City’s transportation safety. Should you have any questions, please do not hesitate to contact our project manager, Darryl dePencier, AICP, GISP, RSP2B, at 213.261.4039 or [email protected]. Darryl is based in our Los Angeles office at 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017. You may also contact the address listed on the previous page, which is the office located nearest to Needles, CA.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Darryl dePencier, AICP, GISP, RSP2B Jean Fares, PE*
Project Manager Senior Vice President/Authorized Signer *As Senior Vice President, Jean is an authorized officer of the firm and is able to negotiate and sign contracts on behalf of Kimley-Horn.

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Statement of Interest and Background
Our local team has been focused on improving multimodal transportation options and traffic safety for communities in both the Mojave and Sonoran deserts. Our proposed project manager, Darryl dePencier, AICP, GISP, RSP2B, has been leading studies in Lancaster, Palmdale, Indio, Coachella, Palm Desert and several other communities. Other members of the team have worked on transportation projects in communities from Blythe to Barstow. The desert offers unique challenges of heat and sun exposure for people traveling on foot, bike, or transit, as well as unique maintenance challenges from blowing sand, heat, and flash flooding that stress the transportation infrastructure. Our team enjoys working with these challenges and has implemented many successful planning and design projects that have led to grant funding and construction.

Founded in 1967, Kimley-Horn is a privately-held corporation that has grown into a leading engineering consulting firm offering comprehensive and innovative traffic, civil, structural, and environmental engineering; landscape design; and development review services to public and private agencies throughout the United States. We employ more than 8,200 personnel in 134 offices nationwide, with 13 offices in California, which staff over 800 engineers, planners, analysts, and administrative staff. This depth of resources gives us a deep bench to staff and execute virtually any assignment in response to the City’s needs for this project. From our 57 years of providing engineering and design services to our clients, we have learned how to deliver projects efficiently and successfully. We provide our clients with the local knowledge and responsiveness of a small organization while having the depth of resources only a national firm could offer.

The core elements of Kimley-Horn’s philosophy are expressed in its mission statement: Kimley-Horn is a business-based consulting practice, operated with integrity and dedicated to providing timely, quality professional services in a profitable manner—thus meeting the needs of our clients and satisfying the professional and financial objectives of our employees and owners.

Kimley-Horn keeps clients and staff at the center of our business. Co-founder Ed Vick said, “We have no reason to exist except to serve our clients.” That intense focus on providing quality to the people we serve has made Kimley-Horn one of the nation’s top consulting firms in every discipline we practice.

Business Information
Full Legal Name State of Incorporation Years in Business Kimley-Horn and Associates, Inc. North Carolina 57 years Principals or Officers Authorized to Legally Bind
Jean B. Fares, Senior Vice President, is the authorized signer for this proposal. His address is 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017. Please see the following pages for a comprehensive list of Kimley-Horn’s authorized signers. 57 YEARS
134OFFICES
8,200+

EMPLOYEES
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Kimley>>> Horn
Certificate of Secretary
To Whom It May Concern:

I am the duly qualified and acting Secretary of Kimley-Horn and Associates, Inc., a North Carolina Corporation.

The following is a true copy of a resolution duly adopted by the Board of Directors of the corporation at the Board meeting held on August 12, 2024 and entered in the minutes of such meeting in the minute book of the corporation.
"The Board unanimously approved the contract signing authority of employees as presented." (Copies of the employee lists as presented are enclosed.) The resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repealed, and is now in full force and effect.

D
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ated: November 5, 2024
Richard N. Cook, Secretary
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SShC
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Experience/Qualifications Information
Active Transportation Planning Experience
Kimley-Horn is dedicated to improving safety for people who travel using different modes. We recognize the importance of planning and designing for people who travel sustainably by walking, biking, or taking transit. We employ cutting-edge techniques to accommodate and encourage more sustainable forms of travel and reduce conflicts with vehicles. Our safety planning and design experience helps us understand how to decrease the level of traffic stress (LTS), enhance safety in high-risk areas, and encourage mode-shift. Our team members have led numerous pedestrian and bicycle planning and design projects throughout the country, from single-intersection bike lane improvements to Safe Routes to School (SRTS) programs and active transportation master plans with miles of protected bikeways; our team members have designed over 2,000 miles of multi-use and bicycle trails in California. Our plans often emphasize connectivity with adjacent sites, destinations, and/or jurisdictions to serve different types of users and remove barriers to under-served neighborhoods and key community destinations such as schools and parks. Our team also understands the integrated nature of transportation, mobility, and land use, and our collective expertise enables us to view projects from a “360-degree” view. We employ this philosophy in all of our planning efforts.

We will draw on our extensive experience performing similar services to provide a successful plan for the City. The map on the following page highlights our team’s recent active transportation planning work in Southern California. Following the map, we have also highlighted specific similar projects.

Public Outreach and Engagement
Our overall goal for public engagement is to reach the diverse sub-sets of the City’s community and make sure all members are aware of how they can participate. We want to reach people in their preferred method, whether in-person, online, virtual, one-on-one, in English, or in Spanish. We strive for the public to receive timely, transparent information and for their voice and input to be heard, valued, and incorporated to deliver a successful project that meets the needs of the entire community.

Kimley-Horn’s stakeholder and public engagement plan begins with a discussion of what successful engagement on the project looks like. Once the City’s needs are fully understood, we will develop a targeted engagement plan. Our preliminary approach to public engagement for the development of an active transportation plan is to employ strategies and initiatives to engage, communicate, and gain community support for its various modes of transportation and the connectivity they provide. Our team will develop eye-catching marketing materials and messaging communicated in everyday language (English and Spanish) to increase interest and participation.

Some of the communications tools we can provide include flyers, surveys, interactive websites and maps, press releases, social media, newsletters, and advertisements. To further engage the public, our team can host in-person and virtual public meetings, focus group meetings, give presentations, provide videos, participate in community events, and host tours of Needles’ current bikeways. We will document all meetings and events, including participation information, with written summaries. For communities with limited Wi-Fi and internet access, we are also able to provide telephone public meetings and stakeholder interviews.

Active
Transportation
Summit and Festival
Saturday, October 21, 2023
Noon-4:00PM
Bakersfield Community House
2020 R St., Bakersfield CA, 93301
Free
Raffle
Get outside,
Bakersfield!
Bike Rodeo/
Obstacle Course
Skateboard Demo
and Lessons
Smoothie Bike
Caricature Artist
Bike Repair Stop
Roller Skate Demo
and Safety Tips
Food and Popsicles
And more!
Free Family
Fun Activities
RSVP Here!
Cumbre y festival de transporte active
sábado, 21 de octubre de 2023
Mediodía a las 4 de la tarde
Bakersfield Community House
2020 R St., Bakersfield CA, 93301
Rifa
Gratis
¡Sal al aire libre,
Bakersfield!
Rodeo de las bicicletas/
Pista de obstáculos
Demostración y lecciones
de patineta
Bicicleta batidora
Artista de caricatura
Reparación de bicicletas
Demostración de patines
y consejos de seguridad
Comida y paletas heladas
¡Y más!
actividades gratuitas
de diversión familiar
Confirmar asistencia aqui
Multilingual Materials for the City of Bakersfield
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SoCal Active Transportation Planning Experience
Legend
Black = Kimley-Horn Project
Blue = KTUA Project
Red = SUMC Project
* = Kimley-Horn Teaming Project
Ventura County:
• City of Oxnard, Sustainable Transportation Plan
• City of Thousand Oaks, Active Transportation Plan
• City of Thousand Oaks, Rancho Road Bicycle and Pedestrian Improvement Project • City of Thousand Oaks, Moorpark Road Sidewalk and Bike Lane Improvements • City of Thousand Oaks, Read Road Bike Path Connector
• City of Ventura, Active Transportation Plan
• City of Ventura, Bicycle Safety Education in Schools
• City of Camarillo, Pleasant Valley Road Bike Lanes
• City of Camarillo, Central Avenue Bike Lane Project
• County of Ventura, Saticoy Active Transportation Plan Riverside County:
• City of Banning, Active Transportation Plan
• City of Desert Hot Springs Bicycle and Pedestrian Master Plan • City of Indian Wells, Comprehensive Traffic Safety Action Plan, • City of La Quinta, Systemic Safety Analysis Report Program • City of Menifee, Active Transportation Plan*
• City of Menifee, Complete Streets Plan
• City of Palm Desert, CV Link Enhancements
• City of Palm Desert, Safe Routes to School Program Development • City of San Jacinto, Active Transportation Plan
• City of Temecula, Murrieta Creek Multi-Purpose Trail
Orange County:
• City of Irvine, Active Transportation Plan
• City of Los Alamitos, Active Transportation Plan
• City of Santa Ana, Active Transportation Plan
• City of Santa Ana, Santa Ana Boulevard and 5th Street Protected Bike Lane PS&E • City of Santa Ana, Warner Avenue Protected Bike Lane PS&E • City of Santa Ana, Santa Ana FIT Cities Active Transportation Project • City of Temecula, Multi-Use Trails and Bicycle Plan
• City of Tustin, Bicycle Safety Plan
• County of Orange, OC Loop - Segments D, F & H
• OCTA, Active Transportation Plan
San Diego County:
• City of Encinitas, Active Transportation Plan
• City of Jurupa Valley, Active Transportation Plan
• City of National City, 30th Street Bicycle Facility Improvement/ Sweetwater River Bikeway Connection, CA ATP Cycle 2 Grant • City of National City, 4th Street Improvements (Community Corridors Project) • City of National City, 8th Street and Roosevelt Avenue Active Transportation Corridor • City of National City, Community Corridors and Safe Routes to School • City of National City, El Toyon/Las Palmas Bike Boulevard ATP • City of National City, El Toyon Las Palmas Bikeway
• City of National City, Euclid Avenue Bicycle and Pedestrian Enhancements • City of San Diego, University Community Plan | (Class IIB & Class IV) • City of San Diego, La Jolla Active Transportation Plan Feasibility Study • City of San Marcos, Active Transportation Plan
• County of San Diego, Bicycle Master Plan
• SANDAG, Bike Early Action Plan (EAP), Imperial Avenue Bikeway • SANDAG, Central Bikeway, SR 15 and Adams Avenue
• SANDAG, Imperial Avenue Bikeway
• SANDAG, North County Regional Corridor (SR 78) Comprehensive Multimodal Corridor Plan • SANDAG, North Park Mid-City Bike Corridors
• SANDAG, Orange Avenue Bikeway
• SANDAG, San Diego Regional Military Multimodal Access Strategy • SANDAG, San Vicente Comprehensive Multimodal Corridor Plan • SANDA, SR 94 Multiuse Pathway Feasibility Study
• SANDAG, Uptown Bikeway
• SANDAG, Urban Bikeways
• San Diego Airport, Airport EIR Mitigations (1.3 miles Class IIB & Class IV) • UCSD, Gilman (Class IIB), Hopkins (Class IV), Medical Center Drive (Class IIB) Kern County
• City of Bakersfield, Active Transportation Plan
• City of Bakersfield, Neighborhood Traffic Calming Plan • City of Bakersfield, Monitor Street School Corridor Active Transportation Improvements Imperial County
• City of El Centro, Active Transportation Plan
• County of Imperial, Active Transportation Plan
San Luis Obispo County:
• City of San Luis Obispo, Foothill Corridor Study
• City of San Luis Obispo, Grand Avenue Complete Streets (Class IIB and Class IV) • City of Paso Robles, Active Transportation Plan
• City of Paso Robles, Creston Road Complete and Sustainable Streets Corridor Plan and Niblick Road Complete and Sustainable Streets Corridor Plan
Los Angeles County:
• City of Pico Rivera, Pico Rivera Regional Bikeway Project • City of Pico Rivera, Urban Greening Plan
• City of Pico Rivera, Historic Whittier Boulevard Vision Plan and Multimodal Plan • City of Pico Rivera, Rosemead/Lakewood Boulevard Complete Corridor Program • City of Agoura Hills, Bicycle Master Plan
• City of Agoura Hills, Agoura Road Bike Lane Project
• City of Artesia, Active Transportation Plan*
• Cities of Bellflower and Paramount, Active Transportation Plan • City of Brea, Brea Active Transportation Plan
• City of Buena Park, Active Transportation Plan
• City of Burbank, PS&E for San Fernando Class I Bikeway • City of Calabasas, Mulholland Highway Scenic Corridor • City of Culver City, Overland Avenue Bike Lane, Pedestrian, and High Friction Surface Treatment • City of Culver City, MOVE Culver City 2023
• City of Diamond Bar, Safe Routes to School Plan
• City of Eastvale, Bicycle Master Plan
• City of Glendale, Wilson Avenue Multimodal Improvements • City of Glendale, Colorado Street Multimodal Improvements • City of Lancaster, Master Plan of Complete Streets
• City of Lancaster, Safe Routes to School Master Plan
• City of Los Angeles Bureau of Engineering, Broadway-Manchester Active Transportation Equity Project • City of Los Angeles, Griffith Park Safety and Active Transportation Improvements Project • City of Malibu, Civic Center Way Improvements
• City of Palmdale, Sustainable Transportation Plan
• City of Santa Monica, Broadway Protected Bikeway Project • City of Santa Monica, Ocean Park Complete Street and Bikeway Project • City of Santa Clarita, Newhall Area Bike Facilities
• City of Santa Clarita, Bicycle and Pedestrian Safety Plan • City of Whittier, Whittier Greenway Trail
• City of Whittier, Pio Pico State Park Trail
• City of Westminster, Bicycle Safety Plan
• County of Los Angeles, Bicycle Master Plan
• Metro, LRT Phase 2 Design
• Metro, Eastside Transit Corridor Phase 2 First/Last Mile Plan San Bernardino County
• City of Rialto, Active Transportation Plan
• City of Barstow, Active Transportation Plan
• City of Chino, Active Transportation Plan
• City of Colton, Active Transportation Plan
• City of Grand Terrace, Active Transportation Plan
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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
Similar Project Experience
City of Pico Rivera, Washington/Rosemead TOD Specific Plan, Pico Rivera, CA Kimley-Horn is preparing the Washington/Rosemead Transit-Oriented Development (TOD) Specific Plan in the City of Pico Rivera. The Specific Plan is in response to LA Metro’s GoldLine Extension, bringing urban light rail through the City. The Specific Plan seeks to enhance economic development and create additional opportunities for living, working, and shopping in a compact, mixed-use environment. The 375-acre plan area provides for significant changes in urban density, mix of uses, and public improvements through increased local mobility and enhanced community design.

City of Menifee, Active Transportation Plan, Menifee, CA As a subconsultant to KTUA, Kimley-Horn assisted the City of Menifee in their development of an ATP to meet the City’s goals and vision for providing a transportation system that supports walking, bicycling, public transit, and automobiles. The Kimley-Horn/KTUA team was responsible for developing the proposed active transportation networks for the City based on community input and data collection. Additionally, our team also created a pedestrian and bicycle toolbox for the City to use during implementation of the proposed infrastructure and non-infrastructure projects.

City of Salinas, Active Transportation Plan, Salinas, CA Kimley-Horn was selected by the City of Salinas to develop their active transportation plan. The City has over 30 schools that serve the City and the adjacent unincorporated areas, paired with a serious traffic safety problem that disproportionally affects children. These concerns have been validated through school site audits, speed surveys, field observations, and photos. Feedback from the parent community expresses a need for routes with slower traffic or more space and protection from motorized vehicles. Recently, the City has made consistent, specific efforts to increase the amount of active transportation infrastructure, particularly around schools and in low-income areas. Multiple successful grant applications, including through the ATP and SRTS programs, Regional Surface Transportation Program (RSTP) funds, and Highway Safety Improvement Program (HSIP), have been used to create multimodal transportation improvements. Our team is helping to build on City’s recent momentum with active transportation implementation and the multimodal activity that is already occurring to provide more equitable and meaningful connections and safer facilities.

City of San Marcos, Active Transportation Plan, San Marcos, CA Kimley-Horn partnered with the City of San Marcos to develop an Active Transportation Plan with a Safe Routes to School Element, focusing on recommending specific pedestrian and bicycle-related projects, programs, and policies based on connectivity gaps, barriers, socio-economic factors, and user needs. The ATP identifies high-stress environments for active transportation users, as well as key destinations in the surrounding areas, to create a plan that values connected, safe, and reliable active transportation. Kimley-Horn developed a public outreach plan, participated in pop-up events, and facilitated public workshops.

SANDAG, SR 94 Multiuse Trail Feasibility Study, San Diego County, CA Kimley-Horn investigated the viability of a seven-mile multi-use path along a segment of SR 94 in the Jamul-Dulzura community of San Diego County. The study area began at the intersection of Jamacha Road and Campo Road/SR 94 and ended at the southeastern boundary of the JamulDulzura community. Through public outreach, existing conditions review, and alignment analysis, the study recommended a multi-use path to create a safer connection for the community and the ability to bike or walk to key destinations along SR 94, such as Steele Canyon High School and Rancho San Diego.

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Proposed Staffing
Kimley-Horn has assembled an exceptional team of professionals who possess experience providing similar active transportation planning services, have proven project management capabilities, and are committed to providing the City with timely and high-quality deliverables. Darryl dePencier, AICP, GISP, RSP2B will serve as our project manager responsible for day-to-day coordination with the City and our proposed key personnel, and will also be the primary contact with the City during the Project period. He will attend meetings with the City and provide timely performance from our team. Darryl will be supported by principal-in-charge Jean Fares, PE; QC/QA manager Robert Paderna, PE, RSP1; and a dedicated team of planners and engineers. We are accustomed to responding quickly to the needs of our local clients.

Our proposed team organization—including identification and responsibilities of key personnel—is shown in the organizational chart below.

We have provided detailed resumes for our key Kimley-Horn team members on the following pages.

Project Manager
Darryl dePencier, AICP, GISP, RSP2B
QC/QA Manager
Robert Paderna, PE, RSP1
City of
Needles
Principal-in-Charge
Jean Fares, PE
Bike/Pedestrian
Planning/Safety
Task Lead
Amy Restelli, PE, PTOE
Active Transportation
Design
Task Lead
Nicole Dias, PE
Systemic
Analysis
Task Lead
Matt Stewart, PE, TE
Public
Engagement
Task Lead
Tatiana Lundstrom, PE
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Resumes
Darryl has more than 17 years of experience in leading active transportation and safety planning projects. He uses data-driven approaches to assess transportation system performance for safety, equity, operations and other factors as needed.

As a GIS Professional, Darryl uses GIS to efficiently assess existing conditions and analyze project alternatives. He has supported the development and implementation of GIS analysis methods for active transportation plans, traffic safety analysis, Americans with Disabilities Act (ADA) transition plans, and other transportation planning functions. He is experienced in estimating bicycle and pedestrian trip volumes, safety impacts, and benefit cost assessment. He has worked on studies at the statewide, regional, local, and sitespecific levels that include guidance documents, LRSPs, safety thresholds and audits, and local countermeasure recommendations.

Relevant Experience
• City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Manager • City of Palmdale, Sustainable Transportation Plan, Palmdale, CA – Project Manager • City of Indian Wells Comprehensive Traffic Safety Action Plan, Indian Wells, CA – Project Manager • City of Bakersfield, Neighborhood Traffic Calming Plan, Bakersfield, CA – Project Manager • City of Artesia, Active Transportation Plan, Artesia, CA – Project Planner • Caltrans, Statewide Vulnerable Road User Safety Assessment, Sacramento, CA – Project Manager • City of Santa Clarita, Bicycle and Pedestrian Safety Study, Santa Clarita, CA – Project Manager • City of Lincoln, Bikeway Master Plan, Lincoln, CA – Project Planner • City of Salinas, Active Transportation Plan, Salinas, CA – Subject Matter Expert • City of Redding, ADA Transition Plan, Redding, CA – Project Planner • City of Tustin, Bicycle Safety Plan, Tustin, CA – Project Manager • City of Westminster, Bicycle Safety Plan, Westminster, CA – Project Manager • Caltrans, California Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA – Project Planner • Caltrans, Safety Performance Measure Target Setting Analysis, Statewide, CA – Project Planner • City of Eastvale, Systemic Safety Analysis Report (SSAR), Eastvale, CA – Project Manager • City of Riverside, LRSP, Riverside, CA – Project Planner • City of Lancaster, SRTS Plan, Lancaster, CA – Project Planner Darryl dePencier, AICP, GISP, RSP2B
Project Manager
Professional Credentials
• Master of Urban Spatial Analytics, University
of Pennsylvania
• Bachelor of Arts, Geography, Carleton
University, Ottawa
• American Institute of Certified
Planners #026552
• Geographic Information Systems
Professional #59317
• Roadway Safety Professional 1 #279
• Roadway Safety Professional 2B #17
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Jean is a project manager with more than 35 years of professional experience in the fields of traffic and transportation engineering. He has provided traffic signal design at over 2,000 locations, signal system design at over 1,500 locations, traffic signal timing at over 2,500 locations, and has wide-ranging experience with traffic operations, signing and marking plans preparation, transportation management plans (TMP), and traffic control plans. Jean also has extensive experience in applying traffic engineering, ITS technologies, and communications infrastructure design to leading design-build transportation and transit projects.

Relevant Experience
• City of Palmdale, Sustainable Transportation Plan, Palmdale, CA – Project Engineer • City of Palmdale, Active Transportation Plan, Palmdale, CA – Principal-in-Charge • City of Santa Clarita, Newhall Bike Boulevard, Santa Clarita, CA – Project Manager • City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA – Principal-in-Charge • City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes – HSIP, Thousand Oaks, CA – Project Manager • City of Culver City, Overland Avenue Bike Lane, Pedestrian, and High Friction Surface Treatment (HFST) Improvement Project, Culver City, CA – Project Manager
• City of Thousand Oaks, Moorpark Road Sidewalk and Bike Lane Improvements, Thousand Oaks, CA – Project Manager • City of West Covina, Preliminary Engineering Phase Services, West Covina, CA – Project Manager • City of South El Monte, Design Services for Traffic Signal Improvements at Various Signalized Intersections, South El Monte, CA – Project Manager
• City of Monterey Park, Design Engineering Services for Various Signalized Intersections Along Garfield Avenue, Monterey Park, CA – Project Manager
• City of Culver City, Signal Upgrade and Left Turn Phasing, Culver City, CA – Project Manager • City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System, Downey, CA – Project Manager
• City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement, Santa Clarita, CA – Deputy Project Manager • City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP), San Bernardino, CA – Project Manager
• City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP), West Hollywood, CA – Project Manager
• CVAG, Traffic Signal Synchronization Project, Coachella Valley, CA – Project Manager • City of Palm Springs, Traffic Signal Improvements, Palm Springs, CA – Project Manager • City of Santa Monica, Transit Priority System Phase 2 and ATMS, Phase 3, Santa Monica, CA – Project Manager • City of Santa Clarita, San Fernando Road Improvements, Santa Clarita, CA – Project Manager • City of Arcadia, Santa Anita Avenue Corridor Traffic Signal Improvement Design, Arcadia, CA – Project Manager Jean Fares, PE
Principal-in-Charge
Professional Credentials
• Bachelor of Science, California State Polytechnic
University, Pomona
• Professional Traffic Engineer in California #2097
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Robert has more than 20 years of experience in transportation and traffic engineering. His experience includes safety studies, RSAs, traffic control, engineering and traffic surveys, signal warrant analysis, pedestrian and bicycle facilities planning and design, signing and striping, traffic impact studies, signal timing, traffic signal design, street lighting, and ITS design.

He is skilled in the application of the California Manual on Uniform Traffic Control Device (CMUTCD) guidelines, Americans with Disabilities Act (ADA) guidelines, Caltrans’ Highway Design Manuel (HDM) and Standard Plans, and industry best practices included in National Association of City Transportation Officials (NACTO) publications. Robert brings extensive recent experience in preparation of LRSPs which involved robust stakeholder/public engagement and development of project implementation strategies. Additionally, these efforts have produced safety implementation projects in which our clients were successful in securing grant funding.

Relevant Experience
• City of Santa Clara, Santa Clara Vision Zero Plan, Santa Clara, CA – Project Manager • CCTA, Countywide Comprehensive Transportation Safety Action Plan, Contra Costa County, CA – Project Manager • VTA, Tasman Corridor Complete Streets Study, San Jose, CA – Project Engineer • Citrus Heights, Greenback Lane Complete Streets Improvements Project - Sunrise Boulevard to Fair Oaks Boulevard, Citrus Heights, CA – Project Engineer
• City of Milpitas, Citywide Traffic and Safety Study, Milpitas, CA – Project Engineer • County of San Benito, LRSP, San Benito County, CA – Project Engineer • City of Placerville, LRSP, Placerville, CA – Project Manager • County of Sutter, LRSP, Sutter County, CA – Project Manager • County of Glenn, LRSP, Glenn County, CA – Project Manager • City of Citrus Heights, LRSP, Citrus Heights, CA – Project Manager • City of Manteca, LRSP, Manteca, CA – Project Manager
• City of Roseville, LRSP, Roseville, CA – Deputy Project Manager • City of Rocklin, LRSP, Rocklin, CA – Deputy Project Manager • County of El Dorado, LRSP, El Dorado County, CA – Project Manager • County of Stanislaus, HSIP Design of Striping, Cure Assessments, and Signage, Modesto, CA – Project Manger • County of San Joaquin, Systematic Safety Analysis Report, San Joaquin County, CA – Project Engineer • City of Folsom, Safety Assessment of East Natoma Street and Blue Ravine Road, Folsom, CA – Project Manager Robert Paderna, PE, RSP1
QC/QA Manager
Professional Credentials
• Bachelor of Science, Civil Engineering, San Jose
State University
• Professional Engineer in California #73262
• Road Safety Professional 1 #553
• Intelligent Transportation Society of
California, Member
• Institute of Transportation Engineers, Member
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Amy has 13 years of experience in transportation planning and design projects, with a passion for creating active, healthy communities through equitable access to mobility options. Amy’s work includes active transportation plans, multimodal corridor plans, community plan updates, safety plans, and campus circulation plans across the region. Her safety experience includes large-scale statewide plans as well as intersection- and corridor-specific improvement designs. She works on a variety of other transportation project types, including intersection and corridor operational analyses, bicycle and pedestrian facility intersection designs, traffic signal design, traffic signal optimization and coordination, transportation management plans, and signing and pavement marking plans. Her excellent written and verbal communication skills—combined with her ambition and passion for the industry and her drive to develop creative solutions—have allowed her to produce numerous quality products in a timely manner. Amy thrives in building stakeholder consensus through planning and development of projects.

Her project and task management focuses on keeping projects streamlined and grounded, making it easier for the public to understand improvement objectives.

Relevant Experience
• City of Menifee, Active Transportation Plan, Menifee, CA – Project Manager • City of Artesia, Active Transportation Plan, Artesia, CA – Project Manager • City of Menifee, Complete Streets Plan, Menifee, CA – Project Manager • City of San Marcos, Active Transportation Plan, San Marcos, CA – Project Manager • City of Salinas, Active Transportation Plan, Salinas, CA – Project Manager • SANDAG, San Vicente Comprehensive Multimodal Corridor Plan, San Diego, CA – Project Manager • City of San Marcos, Street Design Manual, San Marcos, CA – Project Manager • City of San Diego, Mira Mesa and University Community Plan Update, San Diego, CA – Project Manager • City of San Diego, Market and Euclid Complete Streets, San Diego, CA – Project Engineer • City of National City, Euclid Avenue Pedestrian and Bicycle Enhancements, National City, CA –Project Engineer • SANDAG, Urban Bikeways, San Diego, CA – Project Engineer • City of Salinas, Main Street Improvement Plan, Salinas, CA – Project Engineer • City of Salinas, Bardin Road SRTS Improvements, Salinas, CA – Project Engineer • Town of Los Gatos, Winchester Boulevard Complete Streets, Los Gatos, CA – Project Engineer Amy Restelli, PE, PTOE
Bike/Pedestrian Planning/Safety
Professional Credentials
• Bachelor of Science, Civil Engineering,
Villanova University
• Professional Civil Engineer in Maryland #41282
• Professional Traffic Operations Engineer #4313
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Nicole has been leading and supporting the design of multidisciplinary roadway and transit projects across Southern California for 12 years.

She has worked on a wide range of projects from local roadway improvements to major interchange projects, from feasibility studies to final design and construction phase services. Her passion is complete streets, active transportation, and safety improvements. Nicole has also worked extensively on contracts with differing funding sources and is familiar with Caltrans’ Local Assistance processes and requirements.

Relevant Experience
• City of Los Angeles Bureau of Streets Services, Broadway-Manchester Active Transportation Equity Project (ATP Cycle 4) PA&ED and PS&E Phases, Los Angeles, CA – Project Manager • City of Los Angeles Bureau of Streets Services, Mission Mile-Sepulveda Project (ATP Cycle 5), PA&ED Phase, Los Angeles, CA – Project Engineer
• City of Los Angeles Bureau of Engineering, Telfair Avenue Multimodal Bridge Over Pacoima Wash PA&ED and PS&E, Los Angeles, CA – Project Manager
• City of Bakersfield, Niles and Monterey Complete Streets Improvements, Bakersfield, CA – Project Manager • City of Bakersfield, Monitor Street SRTS Corridor Improvements, Bakersfield, CA – Contract Manager/Project Engineer • City of Lancaster, Avenue M Corridor Improvements PS&E, Lancaster, CA – Project Manager • City of Lancaster, Avenue L Corridor Improvements PA&ED, Lancaster, CA – Project Manager • City of Camarillo, Pleasant Valley Road Bike Lanes, Camarillo, CA – Project Engineer • City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes, Thousand Oaks, CA – Project Engineer • City of Los Angeles, Downtown Streetcar Independent Cost Estimate, Los Angeles, CA – Project Engineer • City of Malibu, Civic Center Way Improvements, Malibu, CA – Project Engineer • City of Agoura Hills, Kanan Road/Agoura Road Ultimate Intersection Improvements, Agoura Hills, CA – Project Engineer • LA Metro, Willowbrook/Rosa Parks Station Improvement Project Design and Engineering Services, Los Angeles, CA – Project Analyst
Nicole Dias, PE
Active Transportation Design
Professional Credentials
• Bachelor of Science, Civil Engineering, San
Diego State University
• Professional Engineer in California #86490
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Matt has experience in traffic safety analysis, traffic engineering, and transportation planning. His experience includes preparation of traffic impact analyses, parking studies, pedestrian and bicycle master plans, and stakeholder engagement. Matt also has experience in data collection and field review, traffic signal timing optimization, traffic management center (TMC) and controller cabinet timing implementation, fine-tuning, and corridor before and after studies.

Relevant Experience
• Caltrans, Complete Intersections Guide Update, Statewide, CA – Deputy Project Manager • LA County, Bike Master Plan Update, Los Angeles County, CA – Project Manager • City of Agoura Hills, Bike Master Plan, Agoura Hills, CA – Project Engineer • City of Irvine, Fire Evacuation Traffic Study, Irvine, CA – Project Manager • Orange County, ADA Transition Plan, CA – Project Manager • City of Los Angeles, Department of Recreation and Parks, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Project Engineer
• LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Pasadena, CA – Project Engineer
• City of Los Angeles, Department of Recreation and Parks, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Project Engineer
• Caltrans, CMAS Safety Performance Management Target Setting Analysis, CA – Project Engineer • San Diego Association of Governments (SANDAG), State Triennial Performance Audit, San Diego, CA – Project Analyst • Orange County Transportation Authority (OCTA), State Triennial Performance Audit (2018), Orange County, CA – Project Analyst • OCTA, Chapman Avenue Corridor Traffic Signal Synchronization Project (TSSP) (Task Order for Traffic Engineering Services for), Orange County, CA – Project Analyst
• City of Moorpark, Los Angeles Avenue Traffic Study, Moorpark, CA – Project Analyst • City of Irvine, Barranca Parkway Regional Traffic Signal Synchronization Program, Irvine, CA – Project Analyst Matt Stewart, PE, TE
Systemic Analysis
Professional Credentials
• Master of Science, Transportation Engineering,
University of California, Berkeley
• Bachelor of Science, Civil and Environmental
Engineering, University of California, Los Angeles
• Professional Engineer in California #90465
• Professional Traffic Engineer in California #3063
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Tatiana is a transportation engineer with nearly seven years of experience in roadway safety projects and public outreach. She has prepared design plans and quantity calculations for a variety of roadway projects across California, and she has also attended and spoken at public meetings, often interfacing with local community groups. Tatiana is familiar with OpenRoads, Corridor Modeling, AutoCAD, and MicroStation. She is also conversationally proficient in Mandarin Chinese.

Relevant Experience
• City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Outreach Lead • City of San Marcos, Active Transportation Plan, San Marcos, CA – Safe Routes to School Coordinator • Caltrans, California SHSP Update and Implementation, Statewide, CA – Deputy Project Manager • La Jolla Band of Luiseno Indians, La Jolla Active Transportation Plan Feasibility Study, Pauma Valley, CA – Project Engineer • City of National City, 8th Street and Roosevelt Avenue Active Transportation Corridor, National City, CA – Project Engineer • City of Morro Bay, LRSP, Morro Bay, CA – Project Engineer • City of San Diego, University CPU, San Diego, CA – Project Engineer • Caltrans District 11, Voigt Drive/I-5 North Coast Corridor (NCC) Improvements (PS&E), San Diego, CA – Analyst • Caltrans District 11, I-5 North Coast Corridor (NCC) PS&E, Construction Support, and Express Lanes, San Diego, CA – Analyst • Caltrans District 11, A&E On-Call Roadway Design Services, SR 52 PS&E and Asset Management, San Diego, CA – Analyst • Caltrans District 11, On-Call Roadway Design Services, SR 78 Culverts PS&E, San Diego, CA – Analyst • Contra Costa Transportation Authority (CCTA), Regional Comprehensive Transportation Safety Action Plan, Walnut Creek, CA – Outreach Lead
• SANDAG, Orange Bikeway, San Diego, CA – Project Engineer • University of California, Riverside, Canyon Crest and University Intersection Safety Improvements, Riverside, CA – Project Engineer
Tatiana Lundstrom, PE
Public Engagement Task Lead
Professional Credentials
• Bachelor of Science, Civil Engineering,
Clemson University
• Bachelor of Arts, Modern Languages,
Clemson University
• Professional Engineer in California #95416
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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
Approach/Methodology
The City of Needles is a compact community well suited to walking and biking for short trips in town, particularly in the winter months and in the mornings and evenings when the sun isn’t at peak intensity. Data collected from mobile devices in the City suggests that people are moving around on foot, particularly along Broadway, J Street, and Bailey Avenue. The City’s streets are wide enough to accommodate more formalized infrastructure for pedestrians and bicycles where they don’t currently exist, and in some places wider facilities where they do. The City scores average to above average against its peers, according to the California Office of Traffic Safety, but tends to see more pedestrians injured in traffic than its share, particularly in the most recent reported year (2021). Four pedestrian injuries were reported making it 7th out of 76 peer cities for most pedestrian injuries.

Kimley-Horn’s approach to active transportation plans considers several key goals, including:

Connectivity & Accessibility
• Identify and prioritize areas with high demand for active transportation infrastructure. • Increase active transportation trips as a percentage of all trips taken. • Eliminate gaps in the bicycle and pedestrian networks to improve connectivity and physical access between neighborhoods and destinations. • Pursue policies and design solutions that add active transportation end-trip facilities at destinations.

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• Collaborate with surrounding jurisdictions and regional partners to ensure alignment with other active transportation plans, projects, and programs within adjacent communities.
• Develop a wayfinding system that allows all people, regardless of ability, to easily navigate across the active transportation network, to destinations, and to use recreational facilities.

Safety & Comfort
• Identify high-risk locations and corridors for active transportation users and develop projects and policies to reduce the crash risk to active transportation users.
• Prioritize projects and policies that separate active transportation users from vehicular traffic. • Implement projects that reduce safety risks at intersections between active transportation facilities and vehicular traffic. • Improve signage and lighting along designated active transportation corridors. • Create comfortable and aesthetically interesting active transportation corridors.

Healthy, Clean & Green
• Reduced climate-warming greenhouse gas emissions and primary air pollutants by sparking mode shift from motor vehicle trips to active transportation trips.
• Implement projects and policies that support active transportation trips for daily travel and recreational purposes to improve physical health of the population.
• Increase tree canopy coverage over active transportation corridors.

A Strong Economy
• Support economic development goals by creating walkable and bikeable communities and commercial centers, providing access to regional destinations, and attracting business talent and investment. • Develop and prioritize strategies that accelerate active transportation funding, design, and implementation to make projects more cost-effective.

Supportive Policy & Programming
• Develop and implement educational opportunities to instruct motorists, bicyclists, and pedestrians about their rights and responsibilities and the rules of the road.
• Develop and implement encouragement programs to promote active transportation mode shift. • Develop and implement an enforcement program to encourage safe travel behavior and reduce aggressive, illegal, and careless behavior from all road users.
• Develop a program to evaluate the use, effectiveness, and impacts of implemented active transportation projects and programs.

Maintenance & Preservation
• Establish a multi-year maintenance, rehabilitation, and replacement program for cleaning, repairing, and replacing active transportation facilities on City property.
• Coordinate with stakeholders across departments and jurisdictions to share resources and implement maintenance, rehabilitation, and replacement of active transportation facilities.
• Create a program for working with property owners to ensure proper maintenance, rehabilitation, and replacement of sidewalks.

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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
Our team’s approach to engagement focuses on establishing and maintaining a two-way conversation through the life of the project. We will develop a Public Engagement Plan that incorporates a multi-faceted approach to sharing project information, education and information on options and opportunities, and multiple means to receive public feedback on what matters to them locally, elements they would like to address, and feedback on proposed future facilities. We will also coordinate with past and ongoing planning efforts to incorporate and report back on engagement that has already taken place to help demonstrate a commitment to active listening and commitment to community priorities. Our attached scope includes the items requested in the request for proposals, but our team will take a flexible approach that allows for pivots when an engagement strategy is working better or less well than planned.

As shown above, our team considers the broader universe of active transportation, including the growing share of e-bikes and scooters, skateboards, and other personal conveyances that may need considerations above and beyond the standard bicycle lane and sidewalk approach.

Statewide, regional and local responses to these technologies continues to evolve, and the Kimley-Horn team is actively tracking associated changes to the California Vehicle Code and planning best practices as it relates to these opportunities for more people to use alternative transportation modes, while maintaining safe and comfortable environments for those on foot.

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Project Management
Budget and Schedule Control
As our clients will confirm, Kimley-Horn has an excellent record of completing projects on schedule and within budget. We have a sophisticated Management Information System (MIS)—including software such as the CostPoint Engineering Accounting system and Microsoft Power BI—that allows our project managers to monitor budgets closely. Using the Project Effort Reports generated twice monthly by our MIS, project managers gain a clear understanding of the project scope early in the process to develop a realistic, well-thought-out work plan. Once the work plan is developed with the stakeholders, the project manager communicates to the project team the key milestones and submittal dates—including time for QC reviews—as well as the importance of maintaining the established schedule and budget. This communication, along with teamwork and organization, results in successful projects and satisfied clients.

The best approach to keeping a project on schedule is to create a risk register whereby we:

1. Track each potential issue

2. Define the criticality of each potential issue

3. Identify the steps and dates for resolution of each potential issue This approach holds the team accountable and forms the basis for the sequence of steps each team member needs to take to reach resolution and keep the project moving forward.

Approach to Quality
Since our founding, Kimley-Horn has aggressively pursued our commitment to quality for every task, deliverable, and service provided by the firm. Recognizing the importance of careful quality control, KimleyHorn developed a quality control/quality assurance (QC/QA) manual that every project manager is required to know and use. Our procedures will help ensure high-quality services that satisfy your needs. There will be no learning curve relative to quality for our team.

Our specific five-step QC/QA process for delivering project materials is shown below. This process allows us to develop quality reports, plans, specifications, and planning documents in a cost-effective manner on schedule while also giving our deliverables and our subconsultants’ deliverables a thorough quality check.

Structure: Each QC/QA plan includes a program manager (responsible for the overall quality of the project), technical managers (engineers responsible for discipline design development), and a QC/QA manager (responsible for verifying that the QC/QA plan is being implemented and followed).

Procedures: Intra-disciplinary checking of documents will be performed by a competent individual within each discipline other than the designer. We have established a color-coded comment process that involves the following steps: an initial check (performed by the checker); a review of comments to help confirm that suggested changes to the documents are given adequate consideration and the resolution is documented (performed by the designer); a review that ensures changes to the documents are completed in the original documents (performed by the designer); and finally, a review that helps guarantee changes to the documents are completed accurately (performed by the checker).

Inter-Disciplinary Reviews: Inter-disciplinary reviews and coordination are performed throughout the project and prior to key submittals, when senior staff from the various discipline groups are brought together to discuss and comment on the interaction of the overall project elements.

Quality Assurance Audit: The QC/QA manager will be responsible for conducting a quality assurance audit after completion of the checking and review process and prior to the submittal of any document or deliverable.

ACHIEVED
Through adequate planning,
coordination, supervision,
and technical direction

CONTROLLED
By assigning a manager to
evaluate all work flow
and procedures

VERIFIED
Through independent
reviews by
qualified staff

SECURED
Through careful surveillance of
work activities by parties not
involved in the initial efforts

KIMLEY-HORN

QUALITY CONTROL IS
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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
Deliverables and Document Control: The project manager will manage the submission of design documents after the QC/QA audit is complete and at milestone completion dates.

Corrective Action Measures: Corrective action measures will be taken if incorrect or nonconforming work is discovered in deliverable items that have already completed the QC/QA process.

Scope of Services
Task 0: Project Management, Meetings, and Coordination
◢ Task 0.1: Project Kick-Off
Kimley-Horn will meet with City staff in person to discuss project expectations and refine the overall project work plan. The meeting will introduce the project team, establish a project communication protocol, review the project schedule, and identify the overall project working group. KimleyHorn will prepare an agenda and meeting notes for the kick-off meeting. We expect that the meeting will take one hour and have up to three Kimley-Horn staff present.

Deliverables:

Â Meeting Agenda; Meeting Notes
◢ Task 0.2: Project Update Meetings
Based on the outcome of the kick-off meeting, Kimley-Horn assumes that a bi-weekly project management meeting will be held using a virtual platform to keep all key team members up to date on project progress, and to facilitate decision making that is needed to keep the project moving forward. The duration and attendance of these meetings will vary based on current project activities. Kimley-Horn will facilitate these meetings. We assume that 20 meetings will occur over the duration of the project, estimated at 12-months. Up to two of these meetings could be replaced with presentations to the ad hoc Safety committee to report project progress.

Deliverables:

Â Meeting Agenda; Meeting Notes
◢ Task 0.3: Progress Reporting
Kimley-Horn will provide a written progress report each month with its monthly invoices assuming 12-months.

Deliverables:

Â Monthly Progress Reports and Invoices
Task 1: Existing Conditions Review / Needs Assessment
◢ Task 1.1: Literature / Existing Plan Review
Kimley-Horn will review documents that are readily available or provided by the City of existing plans prepared by or for the City, SBCTA, and/or Caltrans, that are identified by the City. Kimley-Horn will identify plan elements that include or impact bicycle and pedestrian infrastructure. Based on these, Kimley-Horn will develop a matrix of planned projects or policies that should be considered as part of ATP development.

Deliverables:

Â Matrix of existing planned bicycle and pedestrian infrastructure or program improvements Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.

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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
◢ Task 1.2: Develop Current Bicycle and Pedestrian Infrastructure Inventory Kimley-Horn will map existing pedestrian and bicycle facilities in the City using any existing GIS or CAD data available from the City. If City records are incomplete, the Kimley-Horn team will update the maps for the arterial and collector roadway system using available aerial photography.

Deliverables:

Â Updated GIS Mapping of Bicycle and Pedestrian Infrastructure ◢ Task 1.3: Programs and Policy Review
Kimley-Horn will work with City staff to identify existing bicycle and pedestrian programs, policies, and ordinances to determine where institutional barriers might exist for encouraging more active transportation travel in the City, or where there are opportunities to provide additional services that could make it easier for people to walk and bike in the City comfortably and safely. Kimley-Horn will develop a list of opportunities to enhance programs and policies consistent with active transportation best practices.

Deliverables:

Â Best Practices Status and Opportunities
Task 2: System Development
◢ Task 2.1: Identify Key Pedestrian and Bicycle Trip Generators Kimley-Horn will identify key locations that should be prioritized for connectivity to the citywide bicycle and pedestrian network, such as schools, public facilities, parks, senior centers, and shopping/employment hubs. The team will work with City staff to identify the critical facilities and will review available data from Strava, Replica, and the Longitudinal Employment/Housing Dynamic to identify major activity centers.

Deliverables:

Â GIS Map of Key Trip Generators
◢ Task 2.2: Identify Bicycle / Pedestrian Network
Kimley-Horn will review the existing bicycle and pedestrian network against the multimodal hub map and develop a core system spine that provides cross-town connectivity that connects the hubs as directly as possible, making use of low-stress roadways and off-street trails where possible.

The team will then identify neighborhoods that lack or have poor access to the system and identify necessary connections that will improve multimodal access.

Deliverables:

Â Conceptual Bicycle and Pedestrian Network GIS Map
◢ Task 2.3: Cost Assessment
The Kimley-Horn team will develop a planning level cost assessment for the projects identified in Task 3.2. These costs will be based on Class I, II, III, and IV typologies using a cost per mile with contingency.

Deliverables:

Â Project Cost Estimates (Planning Level)
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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
Task 3: Community Engagement
Outreach materials for the following task can be provided in Spanish or other languages as required. The consultant team will provide Spanish speaking staff for all live events.
◢ Task 3.1: Project Website
Kimley-Horn proposes setting up a publicly accessible project website using WIX or a similar web builder engine at the outset of this project to keep people informed of project progress, upcoming meetings, and to collect ongoing feedback on project materials. This forum will also allow us to extend the public workshops for those that cannot attend in person or prefer to engage in a virtual setting. The website will include a calendar of events, a forum to submit feedback, and links to public ready documents and presentations. The site will also include an interactive map that community members can use to make suggestions and comments.

Deliverables:

Â Project Website
◢ Task 3.2: Public Workshop
The engagement task will include two public workshops where we will share draft plan outcomes with the public to raise awareness of the plan and its contents, and to gather feedback on plan elements that can be modified if the public and the City wishes to make adjustments. Kimley-Horn will prepare printed handouts that the City can use for additional outreach at intercept activities if the opportunity arises.

Deliverables:

Â Workshop presentation; Up to 5 presentation Boards; 1 collaborative activity ◢ Task 3.3: Outreach Survey
In conjunction with the first round of outreach, Kimley-Horn will develop a survey with questions oriented around active transportation needs that can be shared on the project website and at the workshops. Kimley-Horn will work with the City to identify the top 10 employers to get focused responses from. Survey results will be summarized and incorporated into a summary document.

Deliverables:

Â Outreach Survey; Summary of Survey Responses
◢ Task 3.4: School Pedestrian and Bicycle Audits
The team will work with the City to conduct walking audits of active transportation facilities near schools and to collect feedback from the local community on safety concerns for children walking and biking to school.

Deliverables:

Â Field notes and feedback summary
◢ Task 3.5: Goals and Objectives
At the conclusion of Tasks 1 and 2 and the first round of engagement, Kimley-Horn will prepare draft project Goals and Objectives that will ultimately be used to frame project recommendations and to assist with project prioritization. The goals and objectives will have corresponding measures of effectiveness that can support future plan updates and monitoring. The goals and objectives will be constructed to support potential future regional, state, and federal funding opportunities.

Deliverables:

Â Technical Memorandum: Goals and Objectives
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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
Task 4: Establish On-Going Maintenance Program
◢ Task 4.1: Establish On-Going Maintenance Program
Kimley-Horn will work with City staff to incorporate the active transportation facility maintenance needs into its current roadway maintenance program by identifying infrastructure life cycles, updated design standards and cross sections, and opportunities to combine maintenance activities such as street sweeping and repaving.

Deliverables:

Â Technical Memorandum: Maintenance Program
Task 5: Implementation and Prioritization
◢ Task 5.1: Identify Funding Sources
Kimley-Horn will outline available funding sources for Active Transportation projects and will provide information on how the funds are accessed and what specific types of projects are eligible.

Deliverables:

Â List of applicable funding sources
◢ Task 5.2: Outline Most Critical System Gaps
Kimley-Horn will conduct a usage assessment of proposed projects developed in Task 3.2 and will score them based on cost, potential use using NCHRP 552 methodology, and role in the citywide network. The projects will be grouped into Tiers based on those scores to help the City prioritize which projects should be constructed first, and which can wait for specific funding opportunities or maintenance cycles. The top 20 projects will be defined in additional detail to be grant ready and prioritized in order of benefit cost.

Deliverables:

Â Tiered list of projects
◢ Task 5.3: VMT/GHG Mitigation Assessment
At the City’s discretion, Kimley-Horn will calculate the VMT and GHG reduction benefits associated with plan implementation to assist with future CEQA needs associated with nearby development, other plans, or regional requests.

Deliverables:

Â Technical Memorandum: VMT/GHG reduction estimates
Task 6: Develop Active Transportation Plan Report
◢ Task 6.1: Draft Active Transportation Plan
Kimley-Horn will compile a draft report that outlines the process and findings for Tasks 1 through 4. The report will include an overview of the project purpose, study methods, data sources, the core active transportation network, identified active transportation projects, and implementation guidance. The draft report will be submitted to City staff for review and comment. The report will be structured to include separate pedestrian, bicycle, and trails plans that can be implemented independently from each other as funding opportunities become available.

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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
◢ Task 6.2: Final Active Transportation Plan
Kimley-Horn will update the draft report based on comments received from the City, and input received from the public, and finalize the Active Transportation Plan.
◢ Task 6.3: Plan Presentations
Kimley-Horn will present the plan in one public meeting to raise awareness and collect any additional feedback. The team will then provide a presentation of the plan to City Council. Kimley-Horn will develop a PowerPoint presentation summarizing the plan document as part of this task.

Deliverables:

Â PowerPoint deck summarizing plan and attendance at up to two meetings Project Schedule
Tasks
7-Jan
21-Jan
4-Feb
18-Feb
4-Mar
18-Mar
1-Apr
15-Apr29-Apr
13-May27-May
10-Jun24-Jun
8-Jul
22-Jul
5-Aug
19-Aug
2-Sep
16-Sep30-Sep
Task 0 Project Mangement, Meetings, Coordination

0.1 Project Kick Off

0.2 Project Update Meetings

0.3 Progress Reporting
Task 1 Exisitng Condtions Review / Needs Assessment

1.1 Literature / Existing Plans Review

1.2 Develop Current Bicycle and Pedestrian Infrastructure Inventory

1.3 Programs and Policy Review
Task 2 System Development

2.1 Identify Key Pedestrian and Bicycle Trip Generators

2.2 Identify Bicycle and Pedestrian Network

2.3 Cost Assessment
Task 3 Outreach and Engagement

3.1 Project Website

3.2 Public Workshop

3.3 Outreach Survey

3.4 School Pedestrian and Bicycle Audits

3.5 Goals and Objectives
Task 4 Establish On-Going Maintenance Program

4.1 Establish On-Going Maintenance Program
Task 5 Implementation and Prioritization

5.1 Identify Funding Sources

5.2 Outline Most Critical System Gaps

5.3 VMT/GHG Mitigation Assessment
Task 6 Develop Active Transportation Plan Report

6.1 Draft Active Transportation Plan

6.2 Final Active Transportation Plan

6.3 Plan Presentations
Task City Review
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PROPOSAL FOR PROFESSIONAL CONSULTANT SERVICES FOR THE
References
We are proud of our working relationships with our clients, and much of our success over the last 57 years is directly related to our efforts to provide consistent, high-quality, and timely services. The following is a list of references who received similar services from Kimley-Horn within the past five years. We invite you to contact our clients directly for comment on the quality of Kimley-Horn’s services.

City of Bakersfield
Active Transportation Plan, Bakersfield, CA
Kimley-Horn is working with the City of Bakersfield developing a comprehensive active transportation plan that will inform the City’s Capital Improvement Program for the next 10 years. The plan will support development of a long-term vision for a citywide bicycle and pedestrian system, identify gaps in the current system, and prioritize improvements to enhance multimodal transportation opportunities and provide a more equitable transportation system. One activation that has taken place since implementing this plan was the Bakersfield Active Transportation Summit and Festival Spotlight where Kimley-Horn was able to draw in a diverse crowd to were able to provide information active transportation plan as well as engage with local community organizations and stakeholders.

Contact: Ed Murphy, Civil Engineer III, 661.326.3958, [email protected] Dates of Services: 2023-Ongoing
City of Palmdale
Sustainable Transportation Plan, Palmdale, CA
Kimley-Horn developed a Sustainable Transportation Plan for the City of Palmdale focused on improving roadway safety and reducing vehicle miles traveled to help the City achieve its sustainability goals. The project included a robust review of historical traffic safety, identification of trends and patterns in traffic crashes, and development of a toolbox of safety improvements that the City can draw from to eliminate higher risk roadway conditions as resources allow. The study also included a review of existing travel patterns and trip lengths to determine which portions of the City generate the most VMT, and what methods and tools the City can use to make its development more sustainable. The study also included an assessment of equity to help the plan provide equitable benefits to all Palmdale residents.

Contact: Jay Nelson, City Traffic Engineer, 661.267.5320, [email protected] Dates of Services: 2022-2023
City of Indian Wells
Comprehensive Traffic Safety Action Plan, Indian Wells, CA Kimley-Horn is preparing a Comprehensive Traffic Safety Action Plan (SAP) for the City of Indian Wells. The City received SS4A federal funding.

As part of the scope of work, Kimley-Horn will conduct stakeholder engagement and safety workshops for the public. Safety vision and goal development to guide the focus areas and strategies will be determined as part of the efforts. A safety analysis utilizing a statistical network screening applying Highway Safety Manual methods will be conducted. Analysis of racial equity and environmental justice is included in the Safety Action Plan.

Contact: Dina Purvis, Assistant Public Works Director, 760.776.0237, [email protected] Dates of Services: 2023-Ongoing
Active Transportation Summit
and Festival Flyer, Prepared for
the City of Bakersfield
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www.kimley-horn.com
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc.,
protected under U.S. copyright law.

Darryl dePencier, AICP, GISP, RSP2B
CONTACT:

[email protected]
213.261.4039
73-700 Dinah Shore Drive, Unit 101
Palm Desert, CA 92211
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Category/Title
Billing Rate $360 $325 $260 $235 $205 $180 $150
Task 0 Project Management, Meetings, Coordination 31 31 62 $ 16,430

0.1 Project Kick Off 4 4 8 $ 2,120 0.2 Project Update Meetings 18 18 36 $ 9,540 0.3 Progress Reporting 9 9 18 $ 4,770 Task 1 Existing Conditions Review / Needs Assessment 2 12 22 60 96 $ 19,930

1.1 Literature / Existing Plans Review 2 4 16 22 $ 4,350 1.2 Develop Current Bicycle and Pedestrian Infrastructure Inventory 2 4 12 40 58 $ 11,680 1.3 Programs and Policy Review 6 6 4 16 $ 3,900 Task 2 System Development 2 28 48 84 162 $ 34,780

2.1 Identify Key Pedestrian and Bicycle Trip Generators 4 12 12 28 $ 5,920 2.2 Identify Bicycle and Pedestrian Network 2 8 12 40 62 $ 12,980 2.3 Cost Assessment 16 24 32 72 $ 15,880 Task 3 Outreach and Engagement 56 144 216 416 $ 90,920

3.1 Project Website 4 80 40 124 $ 27,300 3.2 Public Workshop 24 40 80 144 $ 31,600 3.3 Outreach Survey 4 24 60 88 $ 17,740 3.4 School Pedestrian and Bicycle Audits 16 32 48 $ 10,960 3.5 Goals and Objectives 8 4 12 $ 3,320 Task 4 Establish On-Going Maintenance Program 8 4 12 24 48 $ 11,320

4.1 Establish On-Going Maintenance Program 8 4 12 24 48 $ 11,320 Task 5 Implementation and Prioritization 8 16 24 16 76 24 164 $ 37,980

5.1 Identify Funding Sources 2 8 16 26 $ 5,810 5.2 Outline Most Critical System Gaps 6 8 24 24 62 $ 13,070 5.3 VMT/GHG Mitigation Assessment 8 8 24 36 76 $ 19,100 Task 6 Develop Active Transportation Plan Report 6 20 12 16 36 66 24 180 $ 38,400

6.1 Draft Active Transportation Plan 4 8 8 8 16 36 16 96 $ 20,160 6.2 Final Active Transportation Plan 2 4 4 4 8 18 8 48 $ 10,080 6.3 Plan Presentations 8 4 12 12 36 $ 8,160 TOTAL HOURS 26 167 36 188 213 474 24 1,128
Subtotal Labor: $9,360 $54,275 $9,360 $44,180 $43,665 $85,320 $3,600 $ 249,760 Other Direct Costs $ 17,235 Labor Escalation $ 3,746 Internal Reimbursable Expenses $ 11,489 Mileage / Accommodation $ 2,000 TOTAL COST: $ 266,995

CITY OF NEEDLES
Needles Active Transportation Plan
Kimley-Horn and Associates, Inc.

Sr.

Professional I Professional Analyst II Analyst II Project Support TOTAL HOURS
TOTAL
COST
Sr.

Professional II
Sr.

Professional I
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16 EXHIBIT C
Insurance Requirements
Time for Compliance.

Minimum Requirements.

Other Provisions or Requirements
• Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insured’s provisions. In addition, such insurance Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
17 shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. • Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
• Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City.
• Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
• City Approval. All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
• Primary/noncontributing. 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 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.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
18 hereunder.
• Waiver of subrogation. 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.
• Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
• Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
• Additional insured status. All policies required herein 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.
• Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
• City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
• Timely notice of claims. Consultant shall give City prompt and timely notice of claims Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.
19 made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
• Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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20 EXHIBIT D
Primary Agreement
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GRANT AGREEMENT COVER SHEET

GRANT NUMBER
G22-PG-01

NAME OF GRANT PROGRAM
Planning and Capacity Building

GRANTEE NAME
City of Needles
TAXPAYER’S FEDERAL EMPLOYER IDENTIFICATION NUMBER
95-6000750

TOTAL GRANT AMOUNT NOT TO EXCEED
$370,729.67
START DATE: 08/15/2024 END DATE: 12/31/2026
This legally binding Grant Agreement, including this cover sheet and Exhibits attached hereto and incorporated by reference herein, is made and executed between the Statewide Planning and Capacity Building(PCB) Project Administrator, Data for Social Good Foundation (DSG or the “PCB Administrator”), and City of Needles (or the “Grantee”).

Exhibit A – Grant Agreement Terms and Conditions
Exhibit B – Work Statement
Exhibit B, Attachment I – Budget Summary
Exhibit B, Attachment II – Scope of Work
Exhibit B, Attachment III – Timeline, Deliverables, and Budget Details Exhibit B, Attachment IV – Key Project Personnel
Exhibit C – Grantee Application Package
Exhibit D – Fiscal Year 2022-23 Planning Request for Applications Package Exhibit E – Payee Data Record
This Agreement is of no force or effect until signed by both parties. Grantee shall not commence performance until it receives written approval from the PCB Administrator. The undersigned certify under penalty of perjury that they are duly authorized to bind the parties to this Grant Agreement.

PCB Administrator Name GRANTEE’S NAME (PRINT OR TYPE)
SIGNATURE OF PCB ADMINISTRATOR AUTHORIZED SIGNATORY: SIGNATURE OF GRANTEE (AS AUTHORIZED IN RESOLUTION, LETTER OF COMMITMENT, OR LETTER OF DESIGNATION)

TITLE DATE TITLE DATE
ADDRESS GRANTEE’S ADDRESS (INCLUDE STREET, CITY, STATE AND ZIP CODE)

CERTIFICATION OF FUNDING

AMOUNT ENCUMBERED BY THIS AGREEMENT PROGRAM PROJECT ACTIVITY $370,729.67 3510000L32 3900-CLEAN 3228PCB23

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
FUND TITLE FUND NO.
$0 General Fund
Greenhouse Gas Reduction Fund
0001
3228 TOTAL AMOUNT ENCUMBERED TO DATE (OPTIONAL USE) CHAPTER STATUTE $0 249
38 2022 AB 179
2023 AB 102

APPR REF ACCOUNT/ALT ACCOUNT REPORTING STRUCTURE SERVICE LOCATION FISCAL YEAR (ENY) 101
101
5432000
5432000
39006100
39006100
50041
50067
2022 ($0)
2023 ($0)
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City of Needles Planning and Capacity Building Grant Agreement

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Planning and Capacity Building
Grant Agreement
Needles Active Transportation Plan
City of Needles
Data for Social Good Foundation
Sept 3, 2024
Grant Number: G22-PG-01
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City of Needles Planning and Capacity Building Grant Agreement

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Table of Contents
EXHIBIT A: GRANT AGREEMENT TERMS AND CONDITIONS..................................... 4 A. PURPOSE................................................................................................................ 4 B. GRANT AMOUNT.................................................................................................. 5 C. PROJECT REPRESENTATIVES .........................Error! Bookmark not defined.

D. TERM; TERMINATION; AMENDMENTS............................................................. 6 E. GENERAL DUTIES AND REQUIREMENTS.......................................................... 9 F. FISCAL ADMINISTRATION ................................................................................12 G. DOCUMENTATION OF EXPENDITURE OF STATE FUNDS...........................20 H. PROJECT MONITORING....................................................................................20 I. REPORTING.............................................................................................................21 J. OVERSIGHT AND ACCOUNTABILITY..............................................................24 K. PROJECT RECORDS...........................................................................................25 L. INTELLECTUAL PROPERTY................................................................................28 M. GRANT ACKNOWLEDGEMENT........................................................................28 N. CONFIDENTIALITY AND DATA SECURITY......................................................29 O. INSURANCE REQUIREMENTS...........................................................................32 P. GENERAL PROVISIONS......................................................................................37 EXHIBIT B: WORK STATEMENT......................................................................................52 Attachment I – Budget Summary ................................................................................ 53 Attachment II – Scope of Work.................................................................................... 54 Attachment III – Timeline, Deliverables, and Budget Details ................................ 61 Attachment IV – Key Project Personnel ..................................................................... 68 EXHIBIT C: GRANTEE APPLICATION PACKAGE............................................................. 70 EXHIBIT D: REQUEST FOR APPLICATIONS PACKAGE.................................................. 71 EXHIBIT E: PAYEE DATA RECORD..................................................................................... 72 Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.

City of Needles Planning and Capacity Building Grant Agreement

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EXHIBIT A: GRANT AGREEMENT TERMS AND CONDITIONS

BY AND BETWEEN DATA FOR SOCIAL GOOD AND
City of Needles
This Grant Agreement (“Grant”, “Grant Agreement” or “Exhibit A”) is entered into by and between the Statewide Planning and Capacity Building Project Administrator (hereinafter referred to as “PCB Administrator”, “Data for Social Good”, “DSG”, or “CARB’s designee”) acting on behalf of the California Air Resources Board (hereinafter referred to as CARB, the “Grantor”, the State, or the Board) and the City of Needles (hereinafter referred to as the “Grantee”). The Grantee is a California 501(c)(3) nonprofit corporation or local government with a principal place of business located at 817 Third Street, Needles, CA 92363. The PCB Administrator and Grantee are each a “Party” and together the “Parties” to this Grant Agreement. The Parties agree as follows:

The Grantee agrees to comply with the requirements and conditions set forth in this Grant Agreement, as well as all commitments identified in the Work Statement (as referenced interchangeably, “Statement of Work” or “Exhibit B”), Grantee Application Package (“Exhibit C”), and the Request for Applications Package (“Exhibit D”).

A. PURPOSE

1. Subject to the availability of funds and the Grantee’s continuing compliance with this Grant Agreement, the Grantor shall provide funding from Planning and Capacity Building (“Program”) to the Grantee for the Needles Active Transportation Plan (“Project”) as provided in Exhibit B, referenced below. As referenced in this Grant Agreement, “Representative” or “Representatives” means and includes, individually and collectively, the Grantee’s contractors, subcontractors, consultants, affiliates, agents, representatives, assigns, employees, or officers.

2. The Grantee agrees to comply with all of the terms, provisions, and conditions contained in this Grant Agreement (“Exhibit A”) as well as the following Exhibits incorporated into and made a part of this Grant Agreement. In the event of any inconsistency between the exhibits, attachments, specifications, or provisions which constitute this Grant Agreement, the following order of precedence shall apply:

1. Grant Agreement Cover Sheet

2. Exhibit A: Terms and Conditions

3. Exhibit B: Statement of Work
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i. Attachment I – Budget Summary
ii. Attachment II – Scope of Work
iii. Attachment III – Timeline, Deliverables, and Budget Details iv. Attachment IV – Key Project Personnel

4. Exhibit C: Grantee Application Package

5. Exhibit D: Fiscal Year (FY) 2022-23 Planning and Capacity Building Request for Applications (RFA)

6. Exhibit E: Payee Data Record
B. GRANT AMOUNT

1. The total Grant fund amount (“Grant Funds”) is set out in the Grant Cover Sheet to which this Exhibit A: Grant Agreement Terms and Conditions is attached.

The amount of Grant Funds is also set out in Exhibit B: Attachment I – Budget Summary.

2. The administration of Grant Funds is set out in Section F. Fiscal Administration below.

C. PROJECT LIAISONS
The authorized Project Liaisons during the term of this Grant Agreement are as follows:

PCB Administrator:

Data for Social Good Foundation
CEO
1164 Laurel St.

Berkeley, CA 94708
Phone: 510.529.6153
Email: [email protected]
Grantee:

Kathy Raasch]
Director of Development Services/Capital Projects
City of Needles
817 Third St
Needles, CA 92363
Phone:760-326-5700 x126
Email: [email protected]
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D. TERM; TERMINATION; AMENDMENTS

1. Term. The Term of this Grant Agreement (“Term”) commences the date this Grant Agreement is fully executed by authorized representatives of both Parties (the “Effective Date”) and terminates on December 31, 2026 (the “Termination Date”) unless terminated or cancelled sooner per the terms of this Grant Agreement. The Grantee’s performance of work or other expenses billable to the PCB Administrator under this Grant may not commence until after full execution of this Grant by authorized representatives of both Parties, provided all required proofs of insurance have been provided for each applicable task before it is performed.

2. Project Deemed Complete. Upon completion of the Project, the Grantee shall submit a draft Final Status Report to the PCB Administrator no later than three months before the Termination Date pursuant to Section I of this Grant Agreement. The Grantee’s performance shall be deemed complete on the date the PCB Administrator approves the Final Status Report. A Final Status Report must be received by the PCB Administrator no later than one month before the Termination Date and a final request for payment must be received by the PCB Administrator no later than the Termination Date (See Section I of this Grant Agreement for additional details).

3. Termination
a. Termination Without Cause by Grantor. This Grant Agreement may be terminated at any time for any or no reason by the PCB Administrator or CARB upon providing 45 days advance written notice.
b. Termination for Cause by Grantee. Upon providing 180 days advance written notice to the PCB Administrator, this Grant Agreement may be terminated by the Grantee if the Grantor or the PCB Administrator has breached a material provision of the Grant Agreement.
c. Termination for Cause by Grantor. This Grant Agreement may be terminated by CARB or the PCB Administrator without advance notice at any time if CARB has determined, in its sole discretion, that the Grantee or any of the Grantee’s Representatives have breached any of the terms or conditions of this Grant Agreement or if CARB has determined, in its sole discretion, that any of the Grantee’s Representatives have violated or are in violation of any of their respective obligations or responsibilities under this Grant Agreement or any other agreement where CARB is an intended third party beneficiary or where Grant Funds are used.
i. Non-performance (Breach) Provisions. The Grantee agrees that the following is a non-exhaustive list of the circumstances that Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.

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constitute Grantee non-performance (breach) under this Grant.

These circumstances will be determined by CARB and the PCB Administrator and include, but are not limited to:

1. Failure to comply with any of the provisions of the Grant, including Exhibits.

2. Failure to obligate or expend Grant Funds within
established timelines, or failure to show timely interim progress to meet these timelines.

3. Insufficient performance or widespread deficiencies with Grant Fund or Project oversight, enforcement,
recordkeeping, contracting, inspections, or any other
duties.

4. Misuse of Grant Funds.

5. Funding of ineligible activities or other items.

6. Exceeding the allowable Grant Fund allotment.

7. Insufficient, incomplete, or faulty documentation.

8. Failure to provide required documentation or reports requested from CARB, or other State agencies, in a timely manner.

9. Poor performance as determined by a review or fiscal audit.
ii. Additional Remedies. In addition to any other requirements and remedies set out elsewhere in this Grant Agreement, upon request by CARB or the PCB Administrator, the Grantee will also perform as follows:

1. Within fourteen days of any request, timely develop and implement a corrective action plan.

2. Immediately cease all work and spending, and notify all contractors, subcontractors, consultants, and employees to immediately cease all work and spending.
iii. Upon termination of this Grant Agreement or upon issuance of the termination notice (whichever occurs sooner), the Grantee shall immediately turn over all remaining Grant Funds in its Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.

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possession or control and all records, personally identifiable information (“PII”), intellectual property, documents, information and data relating to performance, accounting, administration, contracting, and management of the Grant Funds, the Project, and the Program, as well as any other materials requested by CARB or the PCB Administrator or as otherwise required by any of the provisions of this Grant.
iv. CARB, at its sole discretion, may elect to have any or all of the funding, documentation, intellectual property, and other property transferred to another CARB-selected third-party PCB
Administrator or designee.
v. Unless otherwise directed in writing by CARB or the PCB Administrator, upon termination of this Grant Agreement or upon issuance of the termination notice (whichever occurs sooner), the Grantee shall immediately cease all work and cease all
expenditure of Grant Funds.
vi. Unless otherwise directed in writing by CARB or the PCB Administrator, upon termination of this Grant Agreement or upon issuance of the termination notice (whichever occurs sooner), the Grantee shall submit a final Grant Disbursement Request Form and a Final Status Report covering activities up to and including the Termination Date. The Final Status Report shall be subject to review and approval by the PCB Administrator before any final payments are disbursed. Upon receipt of the Grant Disbursement Request Form and Final Status Report, and once all intellectual property and requested data, information, and property have been transferred and assigned to the PCB Administrator, the PCB Administrator, at its sole discretion, may make a final payment to the Grantee. This payment shall be for all PCB Administratorapproved, actually incurred costs that in the opinion of the PCB Administrator are justified. However, the total amount paid shall not exceed the total authorized amount for the Grant Funds as defined in Exhibit B: Attachment I – Budget Summary and no payment shall exceed the total authorized amount for the Grant Funds.

4. Contingency Provision. In the event this Grant Agreement is terminated for whatever reason, the CARB Executive Officer or designee reserves the right in his or her sole discretion to use or make the funds available in a manner consistent with applicable laws, policies and the applicable Funding Plan(s), which may include but is not limited to allocating the funds to other projects or awarding the Grant to the next highest scored applicant and if an agreement Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.

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cannot be reached, to the next applicant(s) until an agreement is reached.

5. CEQA. CARB retains full discretion to consider all available information relating to California Environmental Quality Act (CEQA) compliance before determining whether to proceed with funding or authorization of any work under this Grant Agreement. No work may be initiated by the Grantee, nor will any funding be disbursed by CARB, for the specific component to which CEQA is applicable until CARB has affirmatively notified the Grantee in writing that this CEQA condition has been satisfied. If CARB decides not to proceed with this Grant Agreement, the Grant Agreement will be terminated immediately by CARB upon written notice to the Grantee.

6. Amendments. This Grant Agreement may only be amended by a written amendment to this Grant Agreement which has been fully executed by authorized representatives of both Parties.

E. GENERAL DUTIES AND REQUIREMENTS
This section generally sets out the respective duties and requirements of the PCB Administrator, CARB, and the Grantee in implementing the Project and Program under this Grant Agreement. More detailed duties and responsibilities are set out in other sections of this Grant Agreement and the Exhibits.

1. Parties.
a. "PCB Administrator” shall mean Data for Social Good
b. “Grantor” or “CARB” shall mean the California Air Resources Board c. “Grantee” or “ Needles” shall mean the City of Needles

2. The PCB Administrator. The PCB Administrator is responsible for the following:
a. Participating in regular coordination meetings with the Grantee and other key staff to discuss project refinements and guide project implementation.
b. Reviewing and approving all Grant Disbursement Request Forms and distributing Grant Funds to the Grantee.
c. Reviewing and approving reporting, engagement, outreach, and education materials provided by the Grantee, such as outreach and education materials, webpages, initial participant surveys, Status Reports, and the Final Report.
d. Reviewing and approving the Project Plan and all its components. e. Providing program oversight and accountability (in conjunction with the Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.

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Grantee).
f. Reviewing, evaluating, and auditing the Grantee’s administration, management, collaboration, partnership, and/or oversight of or with any “Representative” or “Representatives” of Grant Funds ((i.e., recipient, recipients, subgrantees, contractors, subcontractors, vendors, suppliers, consultants, Sub-applicants, project team members, and community partners), including but not limited to written agreements and disbursement requests.

3. CARB. CARB is responsible for the following:
a. Selecting the projects for funding.
b. Providing policy direction.
c. Reviewing and approving the final grant agreement template between the PCB Administrator and Grantee.
d. Participating in discussion forums with or without the PCB Administrator involving multiple Grantees.

4. The Grantee. The Grantee is responsible for the following:
a. Perform or cause to be performed, in a timely manner, all Project work as described in this Grant Agreement, as well as Exhibit B. b. Comply with all applicable requirements of statutes and regulations under federal and California laws.
c. Comply with all terms, provisions, and conditions of this Grant Agreement, including all incorporated documents, and fulfill all assurances, declarations, representations, and statements made by the Grantee in the Grantee Application Package (Exhibit C) and as reflected in the RFA (Exhibit D).
d. Require the Grantee’s Representatives to meet all the aforementioned requirements, as applicable.
e. The Grantee shall use best efforts and subject matter expertise in managing, overseeing, and implementing the Project. The Grantee’s responsibilities include, but are not limited to, the following tasks:
i. Closely communicate with the PCB Administrator any significant changes to Project implementation that would impact timely completion of the Work Statement (Exhibit B).
ii. Applying best efforts and industry best practices and standards, Docusign Envelope ID: E98A8ABB-247C-4C8D-8133-15E5431593F8 Agenda Item 17.

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Needles City CouncilMarch 25, 2025

Needles City Council
March 25, 2025