Palm Desert City Council
November 16, 2023

Ordinance No. 1405 Page 26
26 Domestic animal. Means any domesticated animal or household pet that is not sold for commercial purposes and that is commonly maintained in a dwelling unit.

Driveway. A vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.

Drugstore. An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies, including tobacco stores.

Dwelling, duplex. An attached permanent building containing two dwelling units.

Dwelling group. One or more buildings, not more than two stories in height, containing dwelling units and arranged around two or three sides of a court which opens onto a street, including single-family, duplex, and multiple-family dwellings.

Figure 25.99-2: Example of a Dwelling Group
Dwelling, guest. Living quarters within an accessory building which occupies not more than one-tenth of the area of the lot on which it is situated, for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no kitchen.

Figure 25.99-3: Guest Dwelling
Dwelling, multiple-family. A permanent building containing three or more dwelling units.

Figure 25.99-4: Multifamily Dwelling

Ordinance No. 1405 Page 27
27 Dwelling, single-family. A permanent building containing one dwelling unit.

Figure 25.99-5: Single-Family Dwelling
Dwelling unit. One or more rooms and a single kitchen, designed for occupancy by one family for living and sleeping purposes.

Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege, or benefit out of or over the land.

Electric substation. A moderate- to large-scale facility serving a subarea, entire City, or region, including power substations, water transmission lines, wireless base stations, sewer collectors and pump stations, switching stations, gas transmission lines, water storage tanks and reservoirs, and similar structures.

Eligible tenant. A tenant who has had a valid lease or rental agreement in a unit that is proposed to be converted in connection with a condominium conversion project or for a minimum of 36 months prior to the first tenant notification prior to filing the application for a condominium conversion project pursuant to Section 66427.1(b) of the Subdivision Map Act. In the event that occupancy of the unit was first permitted more recently than 36 months prior to the first tenant notification, then eligible tenant means a tenant who has had a valid lease or rental agreement since a date within 30 days of the date on which occupancy was first permitted.

Ordinance No. 1405 Page 28
28 Emergency shelter. A facility that provides immediate short-term housing and supplemental services for the homeless. Supplemental services may include food, counseling, and access to other programs.

Externally lighted sign. A sign whose immediate source of illumination is not enclosed by the surface of the sign structure.

Face or wall of a building. The outer surface of any main exterior wall or foundation of a building, including windows and store fronts.

Family. Any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.

Farmworker housing. A property which consists of a tract of land and all vehicles, mobile homes, buildings or other structures pertaining thereto, any part of which may be used or occupied by persons employed as migrant farmworkers including sleeping facilities, provided in whole or in part by the employer of such persons, owner, lessee, or operator thereof, with or without stipulated agreement as to the duration of their stay, whether or not they are supplied with meals but who are supplied with such utility services as are necessary for their habitation of such property.

Fence. A freestanding structure of metal, masonry, composition, or wood or any combination thereof resting on or partially buried in the ground level, and used for confinement, privacy, protection, screening or partition purposes.

Financial institution. An establishment such as a bank or trust company, credit agency, holding (but not primarily operating) company, lending and thrift institution, or investment company. Also includes automated teller machines (ATM).

Fire station. A building housing firefighting apparatus and firefighters.

Floor area, gross. The total horizontal area, in square feet, including the exterior walls of all floors of a structure.

Floor area ratio. The numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.

Figure 25.99-6: Floor Area Ratio

Ordinance No. 1405 Page 29
29 Formula business. A type of retail, service, or restaurant establishment that has 20 or more other establishments in operation anywhere in the world. These establishments are primarily defined as having standardized operational protocols, merchandise, décor, color scheme, uniformed apparel, standardized signage, a trademark or service mark.

Freestanding sign. A sign supported by upright pedestals or braces placed upon or into the ground and detached from any building.

Freeway. A high-speed divided arterial highway for through traffic with full control access and grade separations at major intersections. A freeway has emergency parking only and no parallel and perpendicular pedestrian movements.

Freeway signage. Any building sign that is visible and has frontage along the Interstate 10.

Garage, private. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property.

Garage, public. A building other than a private garage used for the maintenance or temporary storage of motor vehicles.

Garden, private. A predominately landscaped area adjacent to and accessible from a residential unit for the sole use of the occupants of the residential unit.

Golf cart, neighborhood electric vehicle (NEV) retail sales (indoor). An indoor retail showroom establishment selling and renting new or used golf carts, neighborhood electric vehicles, and/or mopeds. These vehicles shall be limited to golf carts as defined in Section 345 of the California Vehicle Code or neighborhood electric vehicles (NEVs) as defined in Section 385.5 of the California Vehicle Code. This use may include the sale of customary accessories and parts only when part of a dealership selling new vehicles on the same site.

These uses do not include service stations, which are separately defined. This use does not include outdoor display area.

Golf cart, neighborhood electric vehicle (NEV) retail sales (outdoor). A retail establishment selling and/or renting new and/or used golf carts, neighborhood electric vehicles, and/or mopeds. These vehicles shall be limited to golf carts as defined in Section 345 of the California Vehicle Code, and neighborhood electric vehicles (NEVs) as defined in Section 385.5 of the California Vehicle Code. This use may include the sale of customary accessories and parts only when part of a dealership selling new vehicles on the same site.

Ordinance No. 1405 Page 30
30 These uses do not include service stations, which are separately defined. Facilities may include outdoor retail display area.

General Plan, the Palm Desert General Plan. the General Plan of the City.

Grade, ground elevation. The average elevation of the finished ground surface surrounding a building.

Grazing. The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed.

Greenhouse, commercial. A facility for the indoor propagation of plants for commercial sale.

Greenhouse, private. A private facility for the indoor propagation of plants.

Grocery store. A self-serve retail market selling foods and household merchandise.

Gross area. The horizontal area within the lot lines of a lot or parcel of land, before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

Group home. Any facility used to provide nonmedical residential care, day treatment, adult day care, or foster family agency services. Typically used to assist abused or neglected children, people who are physically disabled, or the mentally impaired.

Habitable room. Any room for sleeping or living purposes excluding such enclosed places as closets, bath, or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces.

Health club. Fitness centers, gymnasiums, health, and athletic clubs including indoor sauna, spa, or hot tub facilities; and indoor tennis, handball, racquetball, and other indoor sports activities.

Height of a sign. The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign.

Helicopter. A form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one or more power-driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft.

Heliport. An area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.

Helistop. An area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo.

Ordinance No. 1405 Page 31
31 Hillside areas. Those areas of land which are so designated in Section 25.78.020 (Hillside Development Plan).

Hillside ridge. A ridgeline that is formed by the juncture of two or more sloping planes that project outward from a mountain range and descend towards the valley floor more particularly identified on the exhibit labeled Hillside Planned Residential Zone Ridges, on file in the office of the City clerk.

Home-based business. An occupation conducted as an accessory use within a dwelling unit.

Horticulture, private. The private cultivation of ornamental plants, native plants, fruits, vegetables, and flowers in gardens and landscapes. This use type does not include retail sales on premises.

Hotel. Any building or portion thereof with access provided through a common entrance, lobby, or hallway to six or more guestrooms, and which rooms are designed, intended to be used or are used, rented, or hired out as temporary or overnight accommodations for guests.

Identification sign. A sign limited to the identifying name, symbol, or insignia, or any combination thereof, of a building, use, or persons occupying the premises on which the sign is located.

Improvements. Any manmade actions which add to the value or enhance the value of land, e.g., streets, utilities, and buildings.

Independent stand-alone massage establishment. Any certified massage establishment where revenue from massage services exceeds 50 percent of the establishment’s total revenue.

Industry. The manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprise.

Institution, educational. Private or public schools, colleges or universities qualified by the state Board of Education to give general academic instruction.

Institution, general. Publicly or privately owned and operated activities, nonprofit organizations, or philanthropic activities that cannot be considered residential, commercial, or industrial uses.

Institution, religion. A church or other religious organization.

Intensity. The magnitude of activity affecting the development of densities, traffic flow, commercialism, tourism, and land use.

Internally lighted sign. A sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure.

Ordinance No. 1405 Page 32
32 Junior accessory dwelling unit. A residential unit that:

1. Is no greater than 500 square feet in size;

2. Is contained entirely within an existing or proposed single-family structure;

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

4. Includes an efficiency kitchen, as defined by in Section 25.34.030(C)(4) of this code.

Junk. Any worn-out, cast-off, or discarded article or material.

Junk and salvage yard. Any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material, or junk.

Kennel. Any lot where four or more dogs or cats over the age of four months are kept or maintained. The term “pet boarding” should be used interchangeably with “kennel.” Kitchen. Any room in a building or dwelling unit which is used for cooking and preparation of food.

Landscaping. The planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust-free materials including an adequate irrigation system.

Laundry. A building where clothing and fabrics are washed, other than a launderette, and is defined in this title as an industrial use.

Library. A place in which literary, musical, artistic, or reference materials (as books, manuscripts, recordings, or films) are kept for use but not for sale.

Light industrial and research and development. A laboratory facility that is primarily used for non-office
scientific research. This use can include the design, de-velopment, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of the products.

Line of sight. A visual path emanating from an average eye level adjudged to be five feet above the ground level.

Liquor, beverage and food items shop. A retail establishment that sells a variety of alcoholic and nonalcoholic beverages and food items.

Liquor store. A retail establishment that primarily sells a variety of alcoholic beverages for off-premises consumption.

Ordinance No. 1405 Page 33
33 Livestock raising, noncommercial. The raising and keeping of livestock, poultry, or insects for any noncommercial purposes.

Living area. The interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure.

Loading space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.

Local street. A low-speed, low-volume highway primarily for access to residential, business, and other abutting property. A local street has parking and a significant amount of parallel and perpendicular pedestrian traffic.

Loft. See Mezzanine.

Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a parcel map.

Figure 25.99-7: Standard Lot Configuration
Lot, corner. A lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees, which lot shall be considered a corner lot. If greater than one 135 degrees, the lot shall be considered an exterior lot.

Lot coverage. The percentage of a lot covered by the total square footage of the main building, garage, and/or any accessory buildings that are larger than 150 square feet.

Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than 20 feet in width at any point connecting the main building site area to the frontage street.

Lot, interior. A lot other than a corner or reverse corner lot.

Lot, key. The first lot to the rear of a reverse corner lot and not separated by an alley.

Ordinance No. 1405 Page 34
34 Figure 25.99-8: Lot Types
Lot line. Any line bounding a lot. Property line means the same as lot line.

Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the zoning administrator shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designed as the edge of the easement.

Lot line, interior. A lot line not abutting a street.

Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than 10 feet. A lot which is bounded on all sides by streets may have no rear lot lines.

Lot line, side. Any lot line not a front lot line or rear lot line.

Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.

Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets.

Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Low income. Income does not exceed 80 percent of the then-current area median household income of the County of Riverside adjusted for family size by the state

Ordinance No. 1405 Page 35
35 Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

Maintenance facility. A facility used for providing maintenance and repair services for vehicles and operational equipment.

Maintenance yard. An area of land devoted to maintenance and repair services for vehicles and operational equipment. Outdoor storage and repair activities may have noise and visual impacts on the surrounding areas.

Manufactured home park. Any area or tract of land where one or more manufactured home lots are sold, rented, or leased or held out for rent or lease to accommodate manufactured homes used for human habitation, and includes mobile home accommodation structures. The rental paid for any such manufactured home is deemed to include rental for the lot it occupies.

Manufactured housing. A structure that meets the following criteria:

1. Transportable in one or more sections.

2. When in the traveling mode, is 8 body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet.

3. Built on a permanent chassis.

4. Designed to be used as a residential dwelling.

5. Erected with or without a permanent foundation when connected to the required utilities.

6. Includes the plumbing, heating, air conditioning, and electrical systems contained therein.

This term shall include any structure which meets all the requirements of this definition except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this definition. Manufactured home includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 USC Section 5401 et seq.). See also Mobile home.

Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property.

Ordinance No. 1405 Page 36
36 Figure 25.99-9: Marquee
Master plan of arterial highways. The master plan of the City designating adopted and proposed routes for all arterial highways within the City.

Master plan of drainage. An engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City, and duly adopted by the Council.

Mechanical or electronic game. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffle board machine, marble game machine, horseracing machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device.

Medical, clinic. An organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but does not include inpatient or overnight accommodations. May also include laboratories that are ancillary to the primary use.

Medical, hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services.

These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete healthcare. May include on-site accessory clinics and laboratories, accessory retail uses, and emergency heliports.

Medical, laboratory. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient on direction of a physician; or an establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession.

Medical marijuana dispensary, as set forth in the Compassionate Use Act, or dispensary. Any facility or location where medical marijuana is publicly made available to and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq.

Medical, offices. A health facility in an office environment providing health services including without limitation preventative and rehabilitation treatment, diagnostic services,

Ordinance No. 1405 Page 37
37 testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to these offices, but excluding inpatient services and overnight accommodation.

Medical, research facility. A laboratory facility that is primarily used for medical scientific research.

Mezzanine. An intermediate level of a building interior containing floor area without complete enclosing interior walls or partitions placed in any story or room and not separated from the floor or level below by a wall. The floor area of any mezzanine shall be counted as part of the total floor area for any floor area or FAR limitation. In addition, when the total floor area of any such mezzanine exceeds 33.3 percent of the total floor area in that room, it shall constitute an additional story. No more than 1 continuous mezzanine may be permitted in any 1 room.

Mobile home. A structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach, or factory-built housing.

Moderate income. Income does not exceed 120 percent of the then-current median household income of the County of Riverside adjusted for family size by the State Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

Monument sign. A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign.

Monument sign, freeway-oriented. A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick on commercially zoned properties within the Freeway Commercial Overlay zone and greater than 10 acres in size and abutting Interstate

10. Mortuary. Facilities providing funeral preparation and funeral services including embalming, memorial services, and cremation.

Motel. Shall be referred to in this title as hotel, inn, motor inn, or lodge and means a building or group of buildings containing guest rooms or dwelling units designed, intended, or used primarily for the accommodation of transient automobile travelers; including but not limited to buildings or building groups designated as auto cabins, motor courts, or motor hotels.

Motor vehicle. A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.

Ordinance No. 1405 Page 38
38 Movable-frame hive. Any hive design that allows the beekeeper to readily remove the combs from the hive during hive inspections, in order to monitor and manage conditions within the colony.

Nameplate. A sign not exceeding 1 foot by 3 feet signifying only the name of the occupant and their occupation or specialty.

Net area. The total horizontal area within the property lines of a lot or parcel of land exclusive of all rights-of-way and all easements that physically prohibit the surface use of a portion of the property.

Nightclub. A place of business open after 10:00 p.m. which provides for the on-site consumption of food or alcoholic beverages with entertainment which includes, but is not limited to, music, dancing, comedy, and karaoke.

Noncommercial. An enterprise or activity which is not normally conducted for profit or gain.

Nonconforming structure. A lawfully established building or structure that does not conform to the regulations of this title or is designed for a use that does not conform to the regulations of this title for the district in which it is located, either on December 11, 1975, or as the result of subsequent amendments to this title.

Nonconforming use. The lawfully established use of a building, structure, or land that does not conform to the use regulations of this title for the district in which it is located, either on December 11, 1975, or as the result of subsequent amendments to this title.

Nursery. An establishment providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment.

Office, accessory. An office that is incidental and accessory to another business or sales activity which is the primary use (part of the same tenant space or integrated development).

The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project.

Office, local government. An administrative, clerical, or public contact office of a government agency, includ-ing postal facilities, together with the incidental storage and maintenance of vehicles.

Office, professional. Offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see Medical, offices), financial institutions (see Financial institution), temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see Office, accessory). Outdoor storage of materials is prohibited.

Ordinance No. 1405 Page 39
39 Office, travel agency. A business that accommodates travelers, as by securing tickets, arranging for reservations and giving information.

Open space, developed. Open space substantially free of structures but possibly containing improvements which are part of a development plan or are appropriate for the residents of any residential development.

Open space, natural. Any parcel of land or water which is essentially unimproved and devoted to an open space use.

Orchard. An area of land devoted to the cultivation of fruit or nut trees.

Organizational documents. The declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management, or operation of all or any part of a condominium conversion project.

Outdoor advertising structure or sign. A sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located.

Outdoor sales. Permanent outdoor sales and rental establishments including equipment and other uses where the business is not conducted entirely within a structure.

Parcel. The same definition as lot.

Parking lot, commercial. A designated outdoor area used for parking motor vehicles that serves commercial establishments.

Parking lot, office. A designated outdoor area used for parking motor vehicles that serves office developments.

Parking stall. The space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office, and working areas, for the parking of one automobile, not less than 20 feet in length and not less than 9 feet in width.

Park, public. Parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.

Parkway. A relatively low-speed arterial highway abutting and distributing trips to a variety of land uses. This facility primarily serves short-range trips. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement.

Pathway. An access way to accommodate pedestrians, bicycles, and electric carts.

Pedestrian-way. A right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use.

Personal services. Establishments providing nonmedical services as a primary use, including but not limited to barber and beauty shops, clothing rental, dry cleaning pick-up

Ordinance No. 1405 Page 40
40 stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.

Personal Storage. A commercial land use facility consisting of the rental of space for the storage of personal property and/or the storage of recreational vehicles. An industrial warehouse is not considered commercial storage. This definition shall also apply to “SelfStorage” and “Recreational Vehicle Storage Facility” Pest control facility. A business establishment specializing in the elimination of vermin, insects, etc., from a building, especially by the controlled application of toxic chemicals.

Planned development. A development of parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any 2 or more.

Planned street line. The planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned right-of-way line.

Planned unit development industrial. A development of industrial parcels of land as a coordinated project which has been developed according to an approved specific plan.

Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole.

Planned unit development residential. A development of residential parcels of land as a coordinated project which has been developed according to an approved specific plan.

Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole.

Political sign. Any sign concerning candidates for political office or involving a ballot issue.

Pool. Any structure for swimming, bathing, or wading or as a fish pond or similar use.

Price sign. A sign limited to the name or identification of items or products offered for sale on the premises, and the price of the items or products.

Private. Belonging to or restricted for the use or enjoyment of particular persons.

Projecting sign. A sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom.

Public safety area. A strip of land adequate in width adjacent to and parallel with a street right-of-way.

Ordinance No. 1405 Page 41
41 Public service facility. A broad land use category of governmental and quasigovernmental building or complexes that provide public services, such as municipal buildings, fire stations, police stations, public information centers, and similar facilities.

Public way. Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge, easement, right-of-way, or other way in which the public has a right of use.

Real estate sign. A temporary sign advertising the sale, lease, exchange, or rent of the property upon which it is located, and the identification of the person or firm handling the sale, lease, or rent.

Real estate tract sales office. A temporary use of a building for the sole purpose of selling tract residences within a particular subdivision or series of subdivisions.

Recording studio. A facility for sound recording and mixing.

Recreational vehicle. A travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy.

Recreation facility, commercial. Any use or development either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain.

Recreation facility, incidental. Any use or development either public or private providing amusement, pleasure, or sport which is subservient to a primary land use (e.g., pool as part of an apartment complex). These facilities are generally permitted by right if the facilities are customarily part of the primary use.

Recreation facility, private. Any private use or development providing amusement, pleasure, or sport, which is not carried on primarily for financial gain.

Recreation facility, public. Any public development either public or private, providing amusement, pleasure, or sport.

Re-queen. To replace the queen bee in a colony with a younger and more productive queen, a common practice in beekeeping to prevent bee swarming.

Restaurant. Any use providing for the preparation, retail sale, and on-site consumption of food and beverages. Restaurants include but are not limited to cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, and places of business with similar uses. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises, provided that the sales of food and nonalcoholic beverages equals or exceeds 51 percent of gross sales of food and beverages. Businesses where the sales of food and nonalcoholic beverages do not exceed 51 percent of gross sales of food and beverages shall be deemed a bar or lounge.

Retail. The selling of goods, wares, or merchandise directly to the ultimate consumer.

Retail, bulky items. The selling of large-sized merchandise.

Ordinance No. 1405 Page 42
42 Riding and hiking trail. A trail or way designed for and used by equestrians, pedestrians, and cyclists using non-motorized bicycles.

Right-of-way. An area or strip of land, either public or private, on which a right of passage has been recorded.

Roof deck—prohibited. A roof deck is any configuration of the uppermost roof of a building, or the main roof of a building, which allows regular access by the building’s users, tenants, or visitors for any purpose, is prohibited.

Roof sign. A sign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. The lowest point of a mansard style roof shall be considered the eave line.

Salvage. Any article or material which is to be or intended to be reclaimed or saved from destruction.

San Pablo overlay frontage. The lineal width, expressed in feet, of all ground-floor commercial storefronts within the San Pablo Overlay District, as depicted in Figure 25.28-1, which faces the public right-of-way. This shall include ground-floor commercial storefronts which face private parking areas that take direct vehicle access from San Pablo Avenue.

Scenic highway. Any highway designated a scenic highway by an agency of the City, county, state, or federal government.

Senior citizen. Any person who is 62 years of age or older.

Service. An act, or any result of useful labor, which does not, in itself, produce a tangible commodity.

Setback area. The area between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

Setback distance. The distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

Shopping center. An integrated development of retail and service commercial activities on one lot of land sharing common parking facilities and serving a wide spectrum of community shopping needs.

Sidewalk. That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineations for pedestrian travel.

Sign. Any device used for visual communications or attraction, including any identification announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interest of any person; together with all parts, materials, frame and background.

Sign and advertising device do not include the following for purposes of this title:

Ordinance No. 1405 Page 43
43 1. Official notices issued by any court or public body or officer.

2. Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice.

3. Directional, warning, or information signs or structures required by or authorized by law or by federal, state, or county authority.

4. The flag of the state or of the United States or any official flag of any other state or country.

Sign face. The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered together with the frame and the background.

Single-room occupancy (SRO). A residential property that includes multiple single room dwelling units. Each unit is for occupancy by a single eligible individual. The unit need not, but may, contain food preparation or sanitary facilities, or both.

Spa. Any premises, place of business, or membership club providing facilities devoted especially to health, beauty, and relaxation that deal with the cosmetic, therapeutic, and/or holistic treatments, where people visit for professionally administered personal care treatments.

Special category tenants. Those eligible tenants who also qualify as disabled, senior citizen, low-income, or very low-income individuals as defined under California law.

Specific plan. A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types pursuant to the requirements of the Government Code of the State.

Sports courts. As described in Section 25.40.070, a sports court is considered a walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities.

Stable, boarding. The keeping and training of horses which are not owned by the occupant or owner of the property. Boarding of horses includes the giving of private lessons (1 trainer/1 student), but does not include group lessons, group clinics, shows or similar related activities.

Stable, private. A building or a portion of a building used to shelter and feed equines which are used exclusively by the occupants of the property on which the stable is situated.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Street or highway. A public or private vehicular right-of-way other than an alley.

Ordinance No. 1405 Page 44
44 Street centerline. The centerline of a street right-of-way as established by official survey.

Street opening. A curb break, or a means, place, or way provided for the purpose of gaining vehicular access between a street and abutting property.

Structural alterations. Any change in the supporting members of a building or structure.

Structure. Anything placed, constructed or erected, which may be readily movable or collapsible, and may require a fixed location on the ground or attached to something having a fixed location on the ground, except business signs and other improvements of a minor character.

Subdivision Map Act. Those provisions set forth in Government Code Section 66410 et seq., as amended or superseded.

Swarming. The natural method of honeybee colonies to reproduce, resulting in the departure of part of the bee population with a queen to create a new honey bee colony.

Swimming pool. An artificial body of water having a depth in excess of 18 inches, designed, constructed, and used for swimming, dipping, or immersion purposes by men, women, or children.

Theater, auditorium. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for live theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events.

Time-share project. One wherein a purchaser receives the right in perpetuity, for life, or for a term of years to the recurrent, exclusive use, or occupancy of a lot, parcel, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and includes, but is not limited to, time-share estate, interval ownership, vacation license, vacation lease, club membership, time-share use, and hotel/condominium. A time-share project is subject to a single conditional use permit for time-sharing purposes and a plan of time-sharing set forth in covenants, conditions, and restrictions encumbering such real property, and all real property which is subject to the single conditional use permit and which shall be subsequently annexed under such plan.

Townhouse development. A cluster development consisting of attached two-story dwelling units.

Ordinance No. 1405 Page 45
45 Figure 25.99-10: Townhouse Development
Transitional and supportive housing. A shelter provided to the homeless for an extended period, often as long as 18 months and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.

Ultimate right-of-way. The right-of-way shown as ultimate on an adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the cases mentioned in this section shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way.

Unit. The particular area of land or airspace that is designed, intended, or used for exclusive possession or control of individual owners or occupiers.

Use. The purpose, for which land or a building is occupied, arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.

Use, accessory. A use customarily incidental and accessory to the principal use of the land or building site, or to a building or other structure located on the same building site as the principal use.

Use, principal. The main purpose, for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

Use, temporary. A use which is required for the proper function of the community or temporarily required in the process of establishing a permitted use, or construction of a public facility. Such use shall be permitted only after the issuance of a temporary use permit as established by the provisions of this title.

Utility facility. Buildings, substations, equipment, and other operations that serve more than 1 property and are related to the provisions of public utility services such as electricity, natural gas, and other utilities. This category includes the following:
• Fixed-base structures and facilities serving as junction points for transferring utility services from 1 transmission voltage to another or to local distribution and service voltages.

These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds, and disposal fields. These uses do not include office or customer service centers or equipment and material storage yards.
• Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including

Ordinance No. 1405 Page 46
46 transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits.

Utility installation. The equipment and utility infrastructure that is required for an individual development.

Vacancy rate. The number of vacant apartment dwelling units being offered for rent or lease in the City of Palm Desert shown as a percentage of the total number of apartment dwelling units offered for or under rental or lease agreement in the City. The vacancy rate shall be established by a public or private service that monitors apartment vacancies within the City.

Valet parking. Whenever a parking attendant is utilized to park cars in an assigned area that is not available to the general public.

Vehicle, commercial. A vehicle which when operated upon a highway is required to be registered as a commercial vehicle by the state Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation or profit or designed, and used primarily for the transportation of property.

Vehicle sign. Any sign that is attached to or painted on a vehicle or trailer that is parked on or adjacent to any property, the principal purpose of which is to direct people to a business, or attract attention to a product sold or business located on the same property or nearby.

On street-legal vehicles, the following signs or insignia are not considered to be vehicle signs, and are not regulated as vehicle signs:

1. Messages on a vehicle where the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised on the vehicle.

2. Commercial messages that do not exceed a total of 3 square feet in size.

3. Commercial messages on mass transit vehicles that pass through the City.

Vehicle storage facility. A facility to store operative or inoperative vehicles, storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.

Vehicular accessway. A private, nonexclusive vehicular easement affording access to abutting properties.

Very low income. Income that does not exceed 50 percent of the then-current area median household income of the County of Riverside adjusted for family size by the state Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

Wall sign. A sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane

Ordinance No. 1405 Page 47
47 approximately parallel to the plane of the exterior wall and not extending above the eave line. The lowest part of a mansard-style roof shall be considered the eave line.

Warehouse or storage facility. A facility for the storage of farm products, furniture, household goods, or other commercial goods of any nature.

Wholesale. A business establishment engaged in selling to retailers or jobbers, rather than consumers.

Window sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within 5 feet of the window is considered a window sign for the purpose of calculating the total area of all window signs.

Wing wall. An architectural feature in excess of 6 feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building.

Yard. Any open space on the same lot with a building or dwelling group, which space is between the setback lines and the lot lines of the parcel or the planned street line and is unoccupied and unobstructed except for the projections permitted by this title.

Zone. A zoning district, as defined in the State Conservation and Planning Act, shown on the zoning map to which uniform regulations apply.

Zoning map. The official zoning map of the City which is a part of this title.

Zoning Ordinance, this ordinance. The comprehensive Zoning Ordinance of the City. (Ord. 1393 § 33, 2023; Ord. 1384 § 2, 2022; Ord. 1366 § 2, 2021; Ord. 1358 § 2, 2020; Ord. 1331 § 3, 2017; Ord. 1321, 2017; Ord. 1304 § 1, 2016; Ord. 1303 § 7, 2016; Ord. 1302 § 5, 2016; Ord. 1292 § 4, 2015; Ord. 1279 § 21, 2015; Ord. 1277 § 7, 2014; Ord. 1267A § 2, 2014; Ord. 1259 § 1, 2013)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: AWARD CONSTRUCTION SERVICES AGREEMENT TO RESOURCE ENVIRONMENTAL, INC., FOR THE ABATEMENT AND DEMOLITION OF 45-653 PORTOLA AVENUE IN THE AMOUNT OF $71,000 PLUS
CONTINGENCY (PROJECT NO. SHA00001)
RECOMMENDATION:

1. Award Construction Services Agreement to Resource Environmental, Inc. in an amount not to exceed $71,000 plus $14,200 for 20% contingency.

2. Authorize the City Manager to authorize change orders within the contingency amount due to unforeseen conditions.

3. Authorize the City Attorney to make necessary, non-monetary changes to the Agreement and authorize the City Manager to execute the Agreement and any documents necessary to effectuate the actions taken herewith and amend the terms as may be necessary.

4. Authorize the City Manager to approve Notice of Completion and record with Riverside County Recorder’s Office.

BACKGROUND/ANALYSIS:

On August 8, 2023, Staff released a Request for Proposal (No. 2023-RFP-208) for the Abatement and Demolition of 45-653 Portola Avenue. Included in the RFP was a Hazardous Building Material Survey Report dated July 20, 2023. The RFP was published as required by Palm Desert Municipal Code Section 3.30.100 on the City’s online bid management provider, “OpenGov”. A mandatory pre-bid meeting was held at the property on August 14, 2023, and eight companies attended. One response was received, by the RFP deadline of August 30, 2023.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

Funds for this purpose are available in the Housing Mitigation Fund, Account Number: 2144490- 4390101 for a requested $71,000 plus $14,200 contingency. There is no impact to the General Fund.

ATTACHMENTS:

1. Short Construction Agreement

2. Resource Environmental, Inc. Proposal

3. Resource Environmental, Inc. Cost Proposal

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CITY OF PALM DESERT

SHORT FORM CONSTRUCTION CONTRACT

1. Parties and Date. This Agreement is made and entered into this 16th day of November, 2023, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Resource Environmental, Inc., a California a Corporation, with its principal place of business at 13100 Alondra Blvd., #108, Cerritos, CA 90703 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Abatement and Demolition of 45-653 Portola Avene related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C-21

2.3 Project.

The City is a public agency of the State of California and is in need of services for the following project:

Abatement and Demolition of 45-653 Portola Avenue Project Project No. SHA00001
(hereinafter referred to as “the Project”).

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Payment and Performance Bonds, as required by the Contract.

3. Terms.

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications, and documents therein, and attachments and addenda thereto:
 Contractor’s Proposal (Exhibit “A”)
 Contractor’s Cost Proposal (Exhibit "B”)
 Special Conditions (Exhibit "C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

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3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “A” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City (“Change Order”).

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
(B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by

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name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal”.

Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes, and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process, or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process, or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process, or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process, or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 30 Working Days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule, or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall

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have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Seventy One Thousand Dollars and No Cents ($71,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written Change Orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

Contractor shall submit its final invoice to City within thirty (30) days from the last date of the Work or termination in accordance with this Contract and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment.

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3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers, or others.

3.7.4 Contract Retentions. From each approved progress estimate, 5% will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the Contract Time; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free, and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate,

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or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $25,000 or more for a public works project or $15,000 or more for a maintenance project, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City and their respective officers, agents, employees, volunteers, and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what

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respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “D” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify, and hold the City and their respective officers, agents, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority

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regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area, or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing, and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify, and hold harmless the City and their respective directors, officers, agents, employees, volunteers, and representatives for any alleged violations.

In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

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3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 Laws and Regulations. Contractor 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 the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule, or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written Change Order. If Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from

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those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a Change Order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the Contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

3.11 Claims; Government Code Claim Compliance.

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3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

3.11.1.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes.

3.11.1.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for:
(A) An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City; (B) Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or (C) An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.11.1.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16-point capital font:
“THIS IS A CLAIM.” The Claim shall include all the information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

3.11.1.4 Supporting Documentation. The Contractor shall submit all claims in the following format:
(A) Summary description of Claim including basis of
entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

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(B) List of documents relating to claim:
(1) Specifications
(2) Drawings
(3) Clarifications (Requests for Information)
(4) Schedules
(5) Other
(C) Chronology of events and correspondence
(D) Narrative analysis of claim merit
(E) Analysis of Claim cost, including calculations and
supporting documents
(F) Time impact analysis in CPM format

3.11.1.5 City’s Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. (A) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(B) Within 30 days of receipt of a Claim, the City may
request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.1.6 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

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3.11.1.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.
(A) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (B) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.
(C) Unless otherwise agreed to by the City and the
Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (D) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation unless a new unrelated Claim arises after mediation is completed.

3.11.1.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

3.11.1.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
(A) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (B) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of

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Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.1.10 Government Code Claim Procedures.
(A) This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. (B) In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. (C) Such Government Code claims and any subsequent
lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City. (D) A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.11.1.11 Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this Section.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions provided herein; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City and their respective officers, agents, employees,

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volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City and their respective officers, agents, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and their respective officers, agents, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse the City for the cost of any settlement paid by the City and their respective officers, agents, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City and their respective officers, agents, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City and their respective officers, agents, employees, volunteers and representatives.

3.14 Insurance.

3.14.1 Minimum Requirements. Without limiting Contractor’s indemnification of the City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City.

3.14.1.1 General Liability Insurance. Contractor 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, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended.

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

3.14.1.2 Automobile Liability Insurance. Contractor 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 Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

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3.14.1.3 Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(A) A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(B) Pay on behalf of wording as opposed to reimbursement; (C) Concurrency of effective dates with primary policies; (D) Policies shall “follow form” to the underlying primary policies; and
(E) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

3.14.1.4 Workers’ Compensation Insurance. Contractor may maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City and their respective officers, agents, employees, volunteers, and representatives.

3.14.1.5 Pollution Liability Insurance Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

3.14.1.6 Builder’s Risk Insurance. [RESERVED]

3.14.2 Other Provisions or Requirements

3.14.2.1 Proof of Insurance. Contractor 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 City’s Risk Manager 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.

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3.14.2.2 Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and their respective officers, agents, employees, volunteers, and representatives shall continue as additional insureds under such policies.

3.14.2.3 Primary/Non-Contributing. Coverage provided by Contractor 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.

3.14.2.4 Products/Completed Operations Coverage. Products/ completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City and their respective officers, agents, employees, volunteers, and representatives shall be included as additional insureds under the Products and Completed Operations coverage.

3.14.2.5 City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, 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 Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.

3.14.2.6 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

3.14.2.7 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City and their respective officers, agents, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and their respective officers, agents, employees, volunteers, and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.14.2.8 Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform

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Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

3.14.2.9 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.14.2.10 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the 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.

3.14.2.11 Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and their respective officers, agents, employees, volunteers, and representatives shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.

3.14.2.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

3.14.2.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

3.14.2.14 Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.

3.14.2.15 City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.

3.14.2.16 Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be

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eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

3.14.2.17 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.

3.14.2.18 Additional Insurance. Contractor 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.

3.15Bond Requirements.

3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” and Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” and Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.3 Bond Provisions. Should, in the City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from the City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract,

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commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “E” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.18 General Provisions.

3.18.1 Authority’s Representative. The City hereby designates Jessica Gonzales, Housing Manager, or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract except for increasing the Total Contract

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Price. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications, and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.

Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by the City at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by the City for any reason other than the fault of Contractor, the City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, the City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset the City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. If this Contract is terminated as provided, the City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials, or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from the City, the matter shall be referred to the City’s Representative, whose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

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Contractor: Resource Environmental, Inc.
13100 Alondra Blvd., #108
Cerritos, CA 90703
ATTN: Chase Tinsley, Director, Bids and Project
Management
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Jessica Gonzales, Housing Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of the City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.18.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to terminate this Contract without liability.

3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid,

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nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom.

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

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

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party unless such waiver is specifically specified in writing.

3.18.19 City’s Right to Employ Other Contractors. The City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]

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President/CFO
Cynthia Skiff
Richard Miller
CEO/Secretary/COO

SIGNATURE PAGE TO SHORT FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND RESOURCE ENVIRONMENTAL, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

L. TODD HILEMAN

CITY MANAGER
Attest:

By:

ANTHONY J. MEJIA

CITY CLERK
Approved as to form:

By:

BEST BEST & KRIEGER LLP

CITY ATTORNEY
RESOURCE ENVIRONMENTAL, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
__________ _________
Initial Review Final Approval
Bonds: _____

Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “A”
CONTRACTOR’S PROPOSAL

Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “B”
CONTRACTOR’S COST PROPOSAL

Contract No. ______________
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “G” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

Contract No. ______________
Exhibit “D”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “D”
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

RESOURCE ENVIRONMENTAL, INC.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

Contract No. ______________
Exhibit “E”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration: _________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor: ___________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

Contract No. ______________
Exhibit “F”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “F”

PERFORMANCE AND PAYMENT BONDS

2023
Abatement and Demolition
of 45-653 Portola Ave

PROPOSAL
RESOURCE ENVIRONMENTAL, INC.

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 1

TABLE OF CONTENTS
COVER LETTER & GENERAL INFORMATION........................................................................................................................................2 FIRM BACKGROUND..........................................................................................................................................................................3 FIRM EXPERIENCE/REFERENCES ........................................................................................................................................................4 DESIGN-BUILD CAROUSEL MALL DEMOLITION .................................................................................................................................................4 RANCHO LOS AMIGOS SOUTH CAMPUS DEMOLITION ........................................................................................................................................5 FORMER GENERAL MILLS PLANT DEMOLITION .................................................................................................................................................6 EXISTING STUDENT SERVICES & STUDENT ACTIVITIES DEMOLITION ......................................................................................................................7 COMPTON HS CAMPUS-WIDE STRUCTURE & UTILITY DEMOLITION .....................................................................................................................8 LAWA MANCHESTER SQUARE DEMOLITION PHASES 1-2...................................................................................................................................9 LACCD FORMER FIRESTONE PLANT ELAC DEMOLITION ..................................................................................................................................10 LIST OF ADDITIONAL REPRESENTATIVE PROJECTS ...........................................................................................................................11 DEMOLITION OF FORMER HARBOR ADMINISTRATION BUILDING ........................................................................................................................11 DEMOLITION OF FORMER HEARTLAND PET FOODS PLANT ................................................................................................................................11 SEASIDE SURPLUS II DEMOLITION, FORA......................................................................................................................................................11 MICHELSON LABS WINGS 2-6 REPAIR, NVBCL..............................................................................................................................................11 CEFCU STADIUM EAST DEMOLITION, SJSU..................................................................................................................................................11 TWIN RIVERS SITE DEMOLITION PHASE 1-2, SHRA ........................................................................................................................................11 BATCHELOR HALL MODERNIZATION, UCR.....................................................................................................................................................11 PCGC DEMOLITION OF DEWITT CENTER, PLACER COUNTY ..............................................................................................................................11 SMC MATH-SCIENCE DEMOLITION..............................................................................................................................................................11 2020 WILDFIRE DEBRIS REMOVAL & HAZARD TREE REMOVAL, CALRECYCLE.......................................................................................................11 HINKLEY REMEDIATION, PG&E...................................................................................................................................................................11 KEY PERSONNEL & TEAM ORGANIZATION.......................................................................................................................................12 ON-SITE STAFFING....................................................................................................................................................................................12 KEY PERSONNEL AND TEAM ORGANIZATION ..................................................................................................................................................12 RESUME – RICHARD MILLER, COO..............................................................................................................................................................13 RESUME – CYNTHIA SKIFF, PRESIDENT..........................................................................................................................................................16 RESUME – CHASE TINSLEY, DIRECTOR, BIDS AND PROJECT MANAGEMENT ..........................................................................................................17 RESUME – JIM RAWSON, SR. PROJECT EXECUTIVE ..........................................................................................................................................19 RESUME – ALBERT SANCHEZ, JR., SR. ESTIMATOR/PROJECT MANAGER..............................................................................................................22 RESUME – STEVEN SCHERBARTH, DEMOLITION SUPERINTENDENT......................................................................................................................23 LICENSING, INSURANCE, AND BONDING CAPACITY .........................................................................................................................24 REFERENCE LETTERS ........................................................................................................................................................................35

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 2

COVER LETTER & GENERAL INFORMATION
August 30, 2023
(Uploaded via OpenGov Procurement Website)
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: 45-653 Portola Ave Demolition Project
To the City of Palm Desert:

I am writing to express Resource Environmental, Inc.'s keen interest in participating in the 45-653 Portola Ave Demolition project for the City of Palm Desert. As a firm with over 18 years of industry experience in hazardous material abatement and demolition, we are confident in our ability to meet and exceed the project requirements outlined in your Request for Proposals (RFP).

Resource Environmental, Inc. is a seasoned hazardous material abatement and demolition contractor, with expertise in managing projects of varying scales, from $5,000 to $15,000,000. Our team comprises highly skilled professionals specializing in various disciplines required for complex demolition and abatement projects. Our licenses include CA Classes A, B, C-21, C-22, D-63, ASB, and HAZ, demonstrating Resource’s wide range of industry knowledge and experience.

As part of our comprehensive approach to the 45-653 Portola Ave Demolition project, Resource Environmental, Inc. will implement a multifaceted strategy to ensure success and safety at every phase. First, we will initiate a robust communication strategy, notifying neighbors 48 hours prior to the commencement of any work to minimize community impact. For the critical task of locating and capping underground utilities, we will coordinate closely with utility companies and make use of the Utility Service Alert (USA) to mitigate the risk of conflicts with main lines. Leveraging our C-22 Asbestos Abatement Contractor license, we will abate all hazardous materials in compliance with EPA, OSHA, and SCAQMD standards. Lastly, we'll employ industry-leading techniques and machinery for efficient demolition of structures, foundations, and landscaping, ensuring the project meets all regulatory guidelines and quality benchmarks.

We look forward to the possibility of collaborating with the City of Palm Desert on this significant project. Thank you for considering our firm for this opportunity. Please feel free to reach out to me directly if you have any questions or require further information.

Sincerely,
Chase Tinsley
Director, Bids and Project Management
[email protected]
(562) 468-7000
Enclosures: Firm Background; References/Experience; List of Additional Representative Projects; Resumes of Key Personnel; Licensing, Insurance, and Bonding Capacity

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 3

FIRM BACKGROUND
Resource Environmental, Inc., a California-based company with over 18 years of expertise, has carved out a unique niche in hazardous material abatement and demolition contracting. Specializing in large-scale projects that range from $5,000 to $15,000,000, we have successfully completed thousands of assignments both as a general contractor and a subcontractor. Our extensive industry experience is best illustrated through projects like the Rancho Los Amigos South Campus Demolition, a comprehensive hazardous material abatement and demolition endeavor spread over 50 acres, with a project value of $14,062,000. Another example is our current contract to design and demolish the Carousel Mall for the City of San Bernardino, where we submitted the highest-ranked design-build proposal among eight proposers.

These are discussed in depth in the following section of our proposal.

In terms of recent local projects that further underscore our proficiency, we successfully completed a specialized demolition endeavor for Sunline Transit Agency [Sara Parrish, Contract Administrator, 760-343-3456] in Thousand Palms, CA in 2021. This effort was completed without change orders and met with high praise from the agency's project management team. Similarly, we executed the North Indio Demolition Project for the Coachella Valley Water District [Emily Roethler, Assistant Engineer, 760-398-2661] in 2021. This $295,000 initiative involved hazardous material abatement and the demolition of diverse ranch structures across multiple locations. Importantly, the project served as a showcase for Resource Environmental, Inc.'s adeptness in complying with SCAQMD Rule 403 concerning Dust Control in the South Coast Basin.

Resource Environmental, Inc. holds multiple licenses which include a California State License Board (CSLB) number #864417. Our classifications span General Engineering Contractor (Class A), General Building Contractor (Class B), Building Moving/Demolition Contractor (Class C-21), Asbestos Abatement Contractor (Class C-22, ASB), and Hazardous Material Remediation Contractor (HAZ). Furthermore, we have extended our reach to Arizona as a licensed CR-57 Wrecking Contractor (AZ ROC #337736) and are also licensed to operate in Nevada (NV SCB #0090223).

Our firm is deeply committed to maintaining rigorous safety and environmental standards. We take pride in our ability to execute complex projects with a focus on value engineering, maintaining strict compliance with EPA, OSHA, and SCAQMD guidelines. Resource's integrated approach to self-perform all critical scopes of work—ranging from asbestos abatement to demolition and contaminated soil removal—has consistently resulted in cost and time savings for our clients.

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 4

FIRM EXPERIENCE/REFERENCES
Design-Build Carousel Mall Demolition
Resource is currently in the hazardous material abatement and demolition phase of the Carousel Mall Demolition Project. As noted in the cover letter, Resource was the selected by the Mayor and City Council of San Bernardino as the highest-ranked proposer of the eight proposals submitted. Design & preconstruction began in January, and asbestos abatement & interior demolition are scheduled to begin at the end of March.

As the selected Design-Build Entity, Resource has been tasked with designing and spearheading all aspects of the project. Resource’s contract includes the design of the demolition drawings; design of the project specifications; engineering of the building separations for buildings to remain; subcontracting the development of the hazardous material reports; subcontracting the hazardous material consultant and monitoring; developing the project Storm Water Pollution Prevention Plan and subsequent monitoring; procurement of building permits; regular meetings and updates with various stakeholders; hazardous material abatement of the entire mall structure and surrounding buildings; full demolition of the entire mall structure and surrounding buildings; crushing of 50,000 tons of concrete for reuse as fill and erosion control; and final site stabilization and erosion control mitigation.

The mall and surrounding structures total roughly 1 million square feet. The project includes hundreds of thousands square feet of friable asbestos removal. Similar to the Life Storage building at Metro Center, two buildings are not owned by the City and must remain, which requires extensive planning and design for the building separations and wall restoration.

Client: City of San Bernardino
Contact: Zack Faqih, Construction Manager
(949) 637-5040 / [email protected]
Contract Value: $7,734,000
Delivery: Design-Build Contract Type: Prime Contractor/Design-Build Entity Scheduled Completion: Early 2024

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 5

FIRM EXPERIENCE & REFERENCES
Rancho Los Amigos South Campus Demolition
The Rancho Los Amigos National Rehabilitation Center, or Rancho, dates back to 1888 when indigent patients from the LA County Hospital were relocated to what was then known as the LA County Poor Farm. Originally created to provide work, housing, and medical care to the poor, it rapidly grew into a psychiatric facility. As many of the original buildings are still standing, it is not surprising many documentaries described rumors of the compound being haunted.

The facility still operates today, but in neighboring land. Resource was contracted to abate and demolish over 100 structures, sprawling over 50 acres. Given the age of the buildings, the abatement was extensive, with nearly every building containing 1,000’s of square feet of asbestos and lead. Many had collapsed, vandalized, or were set ablaze, leading to the requirement of a South Coast Air Quality Management District Procedure 5 workplan, which requires thorough decontamination of all surfaces and disposal of all material as friable, hazardous waste.

Resource proposed value engineering to reduce costs and worked with SCAQMD to allow for limited use of heavy equipment to assist in the remediation efforts. All said, the project included over a million square feet of asbestos abatement, 500,000 square feet of demolition, and over 250,000 square feet of contaminated soil removal – all which Resource self-performed. Self-performing both abatement and demolition saved the County time and money – as Resource was able to use the heavy equipment to perform some of the abatement.

Due to the historical significance of the site, the contract also included the “mothballing” of two large buildings – the former Power Plant and the Casa Consuelo building. The mothballing scope of work included clay tile salvage, re-roofing and roof repair, window board-ups, shoring, fencing, the installation of skylight covers.

During preconstruction, Resource provided cost-estimating, critical path schedules, tree and wildlife protection submittals, work plans, and building permits.

Client: County of Los Angeles
Contact: Myron Lee, Project Manager
(323) 633-5122 / [email protected]
Contract Value: $14,062,237
Delivery: Design-Assist/Design-Bid-Build Contract Type: Prime Contractor Year Completed: 2023

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 6

FIRM EXPERIENCE & REFERENCES
Former General Mills Plant Demolition
Resource Environmental, Inc. demolished the former General Mills plant in Carson in 2021. The site encompassed fourteen buildings, with a total area exceeding 200,000 square feet, situated on 30 acres. It included several reinforced multi-story structures housing over two million pounds of equipment. The comprehensive remediation of environmental hazards was undertaken and completed prior to the salvage and demolition of the site.

Resource facilitated the auctioning of equipment for reuse at other facilities by first remediating any asbestos and lead. This enabled the salvage of the equipment and assisted in the removal of roof structures and walls, allowing for the VATS and other equipment to be craned and loaded onto trucks for transport.

The equipment packaging building, standing 64 feet tall, featured reinforced concrete and rebar in the roof, walls, and floor. These surfaces were insulated with foam, effectively creating an internal freezer. This necessitated a challenging removal process for the foam, employing specialty equipment to ensure clean and reusable crushed concrete. The building's footings, over 12 feet deep and 180 feet long, required specialty breakers (20,000 pounds on 210,000-pound excavators) and processors to extract the 2 ½ inch specially made rebar.

The processing building, which housed massive 10,000 to 20,000-gallon stainless steel VATS, was also insulated to create a freezer environment for holding yogurt before conveyance to the packaging building.

The roof, featuring over 10,000 linear feet of processing piping, extensive coolers, air units, and various support equipment for the plant's processing needs, was demolished using cranes and specialty excavators equipped with shears, grapples, and thumb attachments.

The plant underwent a complete remediation process to remove all hazardous waste, including but not limited to asbestos, lead, and coolants. The entire site was razed, with all concrete broken down, processed, sized, and crushed into ¾-inch crush miscellaneous base for future building reuse on site, amounting to over 42,000 tons of concrete crushing.

Through diligent efforts, Resource was able to salvage 2,000 tons of metal and crush 42,000 tons of concrete. This achievement resulted in recycling over 95% of the materials on the project, affirming our commitment to sustainability and efficient resource management.

Client: Rexford Industrial
Contact: RJ Rieves
(424) 285-6474 / [email protected]
Delivery: Design-Assist/Design-Bid-Build Contract Type: Prime Contractor Value: $1,460,000
Year Completed: 2022

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 7

FIRM EXPERIENCE & REFERENCES
Existing Student Services & Student Activities Demolition The former Existing Student Services and Student Activities Demolition project included the abatement, interior demolition, selective demolition, and razing of multi-story buildings; the installation of new utilities (water main and gas line); the cutting, capping, and isolation of existing utilities; backfill, compaction, and paving of an active roadway; and the building of two certified building pads at the active and occupied El Camino Community College in Torrance, CA.

The project was in the middle of an active campus and required full time traffic control, pedestrian canopies, and other public protection measures. Throughout this multimillion-dollar project, there were no injuries or incidents. As such, Resource was given an award by Keenan and Associates, the largest OCIP administrator in the California, for its excellence in safety.

The hazardous material abatement was extensive, including the removal of asbestos contaminated soil in crawlspaces with a vacloader under regulated conditions. This was completed safely and without incident. Abatement also included 1,700 SF of acoustic ceiling removal, 360 SF of Transite removal, 308 SF of insulation, 21,765 SF of friable floor tile and mastic, and 25,733 SF of nonfriable asbestos. All abatement was highly supervised by DSA inspectors and third-party asbestos consultants, and all work was completed safely and without incident.

The demolition included 135,000 square feet over 3 acres and was fast tracked to allow for the new construction to begin as Resource was completing the project. The project required (8) excavators, (2) track loaders, (8) scissor and boom lifts, (6) skid steers, (4) water trucks, as well miscellaneous equipment, to complete the abatement and demolition on time. Resource worked closely with its structural engineer, Thornton Tomasetti, to assist the owner with structural calculations, load and weight bearing capacities, and demolition drawings.

The project had a new obstacle – the never seen before COVID-19 pandemic began in the middle of the project and changed the entire work environment with novel safety and health precautions. This included mask, signs, training, and many other safety measures put into place. While this was challenging and new for all involved, the pandemic did not hinder Resource’s operations or the project schedule.

Client: El Camino Community College District
Contact: JoAnn Atienza, Construction Manager
(213) 435-0563 / [email protected]
Contract Value: $3,285,000
Delivery: Design-Assist/Design-Bid-Build Contract Type: Prime Contractor Year Completed: 2020

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 8

FIRM EXPERIENCE & REFERENCES
Compton HS Campus-Wide Structure & Utility Demolition
Resource Environmental, Inc. successfully completed the hazardous materials abatement, UST removal, utility removal, and razing of all (38) structures on 20 acres of the entire high school campus for Compton Unified School District in 2022. There were multiple USTs (underground storage tanks) that were full of fuel and oils that needed to be pumped and triple rinsed per California, Federal and Local regulatory guidelines before removal. All concrete was recycled for reuse for the 30k SF and 45’ deep in some spots backfill and compaction.

The project was subject to very stringent and thorough CPM (critical path method) that Resource created and updated weekly.

Adherence was key to avoiding delays on the reconstruction project.

The school had (3) three major fires from the early 1930’s and was rebuilt where these occurred over the years. This created unknown structures and fire debris that was buried under the new structures. This all had to be cleaned up per new guidelines to allow for a clean build site. Resource used specialty equipment mainly skeleton buckets we had made to syphon through the soil allowing clean soil to drop and the contaminated soil with fire debris to be removed for loading and transport to the appropriate landfills. Hand labor was also used to ensure all debris was cleaned to meet current soil standards for the school’s reconstruction.

This also created over 30k linear feet of abandoned utilities encased in concrete that no one was aware from all the build back after the fires. Resource hired a utility locater to mark (the best they could) to help identify all utilities that were not on any as-builts or plans. This was a very tedious and slow process to ensure all was removed.

Resource removed (5) time capsules for the 1930’s to 2000’s that were buried and on built into the administration building that had to be sawcut and removed delicately to ensure proper removal. One had a letter and a play billing from 1928. The administration building was 48’ tall with an auditorium attached that was challenging where Resource used an excavator to reach over 50’ to demolish the structure. This has a basement with a UST that was removed 25’ deep under the guidance of the local Fire department per California regulations.

The concrete removal, breaking, processing, and crushing consisted of 14,000 tons to ¾” crushed miscellaneous base for reuse on site.

Client: Compton Unified School District
Contact: Chuck Wren, Construction Manager
(213) 448-8378 / [email protected]
Contract Value: $2,962,260
Delivery: Design-Bid-Build Contract Type: Prime Contractor Year Completed: 2022

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 9

FIRM EXPERIENCE & REFERENCES
LAWA Manchester Square Demolition Phases 1-2
The LAWA (Los Angeles World Airports) abatement, demolition, and site restoration project for the historic “People Movers Project” that was many years in the making with the planning commission. This was a historic project that started the complete renovation of LAX and the rental car process inside and out of the airport.

Resource worked closely with LAWA and directly with MGJV (Myers-Griffith Joint Venture) in planning and executing the project safely and on time. Resource coordinated public relations efforts with LAWA, MGJV, South Coast Air Quality, Cal-OSHA and other local agencies to mitigate the public’s potential concerns with the high visibility abatement, demolition and restoration work by Resource.

The project was in two phases and consisted of over (40) forty multi story buildings over 120 acres of restoration. Many of the buildings were adjacent to active businesses as well as a fully occupied school within the middle of the site.

The abatement included over 55,000 square feet of asbestos abatement of friable and non-friable asbestos and lead hazardous materials. There was over 1500 Linear Feet of underground asbestos containing Transite pipe buried that was removed with equipment and hand labor under regulated conditions. The buildings were razed and site restoration was performed on every parcel to allow for a smooth transition for the new construction. Had Resource not been both the abatement and demolition contractor, the removal of the unidentified Transite pipe would have substantially delayed the critical path and cost the Owner unnecessary expense.

Resource utilized a fleet of over 20 pieces of heavy equipment demolishing multiple buildings at one time in a very short timeline to allow for the construction to start on schedule. This was the first phase of a massive renovation for the City of Los Angeles and Resource was an integral part of being the first of many contractors to complete this historic project. With Resource being the first to start the project with abatement and demolition it set the standard from the get-go with completing our work on time and without incident and perfect safety record.

Resource provided cost-estimating, critical path schedules, project labor agreement compliance, traffic control plans, work plans, and airport safety plans.

Client: Los Angeles World Airports/Myers & Sons-Griffith JV Contact: Linda Hynds, Project Manager
(562) 207-7666 / [email protected]
Contract Value: $4,522,891
Delivery: Design-Build Contract Type: Subcontractor
Year Completed: 2019

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 10

FIRM EXPERIENCE & REFERENCES
LACCD Former Firestone Plant ELAC Demolition
Resource completed the extensive remediation of the original Firestone Rubber Plant on Firestone Boulevard. The work consisted of a highly complex enclosure of the entire structure due to an “asbestos skim coat” that was applied on the exterior coating. Resource utilized scaffolding to shrink wrap the entire structure, ensuring the achievement of negative air pressure - a requirement under SCAQMD (Air Quality) Rule 1403 for all asbestos work. This allowed for the asbestos to be remediated using sandblasting methods without exposure to the environment and life.

Due to the high visibility of the project and the complex remediation of the skim coat, Resource worked closely with SCAQMD, asbestos consultants, and LACCD inspectors to ensure the work was done safely with no incidents and zero exposure.

The removal consisted of over 395,000 square feet of asbestos and all the interior walls were stabilized for the loose and flaky lead paint. The roof had multiple layers of asbestos cap sheets and mastic from over 50 years of reroofing. Resource engineered the roof removal using various means, from lifeline installation and cranes to lifts and chutes, to ensure a safe work environment at high elevations. The remediation project was highly complex given the age and size of the structures, as well as highly public given the historical aspect of the plant.

Resource assisted National Demolition in updating its CPM schedules and by providing detailed work plans to assist in their submittal process.

Client: Los Angeles Community College District/National Demolition Contact: Jennifer Perry, President
(310-732-1991 / [email protected]
Contract Value: $2,962,260
Delivery: Design-Bid-Build Contract Type: Subcontractor Year Completed: 2019

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 11 LIST OF ADDITIONAL REPRESENTATIVE PROJECTS References and additional information available upon request.

Demolition of Former Harbor Administration Building
- REI Contract Value: $838,000
- Scope: Interior demolition, asbestos abatement, and lead remediation of a 200,000 SF eight story building at the Port of Long Beach. Scope included a full gut of the building and abatement of over 150,000 SF of material. Project was subject to POLB Project Labor Agreement.

Demolition of Former Heartland Pet Foods Plant - REI Contract Value: $480,669 - Scope: The complete abatement and demolition of (4) separate buildings on different blocks. The project consisted of a kennel, manufacturing plant and distribution warehouse for Heartland Pet Foods. All asbestos and lead abatement were completed in all structures, and the razing of the buildings included crushing and grading onsite. The projected was located at Terminal Island in the Port of Long Beach.

Seaside Surplus II Demolition, FORA
- REI Contract Value: $3,546,000
- Scope: Abatement and demolition of 10 3-story concrete military structures, 1 cafeteria, 1 gym, 2 armories, and 6 admin buildings. Abatement was extensive with rare skim coat and vapor blasting.

Michelson Labs Wings 2-6 Repair, NVBCL
- REI Contract Value: $1,878,075
- Scope: Selective demolition of floors 2-6 of two laboratory towers and structural demolition of two buildings. Abatement of over 75,000 SF of roofing materials.

CEFCU Stadium East Demolition, SJSU
- REI Contract Value: $2,252,661
- Scope: Demolition and abatement of east side stadium bleachers at San Jose State University, followed by the removal of 45,000 tons of contaminated soil.

Twin Rivers Site Demolition Phase 1-2, SHRA - REI Contract Value: $3,818,000 - Scope: Abatement and demolition of 93 multi-family housing buildings, including the removal of all underground utilitiesl backfill, compacting, and grading of over 23 acres; and soil remediation.

Batchelor Hall Modernization, UCR - REI Contract Value: $2,397,337 - Scope: Phased abatement and interior demolition of active school laboratory. Surgical demolition of roof structure.

PCGC Demolition of DeWitt Center, Placer County
- REI Contract Value: $1,413,000
- Scope: Abatement and demolition of 14 buildings totaling 109,000 SF with 7 acres of grading, site restoration, and building separation (with build back of two walls).

SMC Math-Science Demolition
- REI Contract Value: $1,392,000
- Scope: Abatement and demolition of two school buildings totaling over 80,000 SF. Liberal Arts building was connected to a newly built multistory building that required design, engineering, and hand demolition to carefully separate the buildings. 2020 Wildfire Debris Removal & Hazard Tree Removal, CalRecycle - REI Contract Value: $3,565,198
- Scope: Hazardous ACM removal, debris removal, and demolition of over 100 parcels in 2 months in Mono County, Los Angeles County, and Tulare County for the State of CA wildfire cleanups.

Hinkley Remediation, PG&E
- REI Contract Value: $3,900,000
- Scope: Hazardous material abatement and contaminated soil cleanup of 225 residential and commercial sites in the Town of Hinkley for Pacific Gas & Electric, which was featured in the film Erin Brokovich.

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 12

KEY PERSONNEL & TEAM ORGANIZATION
On-Site Staffing
There will be up to 5 abatement workers and 1 abatement foreman. For demolition, there will be 1 foreman, 1 operator, and 1 demolition laborer. Capable of increasing capacity as high as needed to complete the project.

Key Personnel and Team Organization
While Resource is confident in all members of its team, it understands a project of this size, scope, and complexity requires careful consideration in the assignment of staff. The below team will be integral to the successful completion of this project and is skilled, experienced, and knowledgeable in General Contracting and Design-Build abatement and demolition work. All Resource individuals below were actively involved in the projects listed under Firm Experience/References and Representative Projects. - Richard Miller, Owner & Chief Operating Officer, has over 40 years of experience in environmental remediation and demolition, working his way up from laborer to operator to project manager and now owner. Richard is Resource’s Responsible Managing Officer with the Contractors State License Board for the C-21 – Building Moving/Wrecking and C-22 – Asbestos Abatement licenses, as well as the ASB endorsement. Richard’s vast wealth of knowledge in the industry is key to the success of Resource’s team and will be for this project. Richard has been with the firm for 6 years, buying the company 5 years ago. Richard is a very involved, hands-on owner, who is actively involved with every project, making himself available as needed or requested 100% of the time.
- Cynthia Skiff, President, is a highly skilled, intelligent, forward-looking leader with over 15 years of experience in the construction industry. Cynthia oversees all aspects of the company and directly manages all of the company’s finances. She is well-versed in abatement and demolition work, compliance, contracts, safety, dispute resolution, and change orders.

Cynthia is Resource’s Responsible Managing Officer with the Contractors State License Board for the B – General Building Contractor license as well as the HAZ endorsement. Cynthia has been with the firm 5 years, working with Richard previously for another five years. Cynthia will be available as needed or requested and will help oversee all aspects of this project. - Chase Tinsley, Director, Bids & Project Management, grew up in the industry and has over 15 years of direct demolition experience. Chase is Resource’s Responsible Managing Employee for its A – General Engineering Contractor license. Chase is highly motivated, detailed, and analytical, helping with all aspects of a project from pre-bid to completion. Chase will be key to assisting in the majority of construction services; Requests for Information, Change Orders, Submittals; etc. Chase has been with Resource for 5 years, also working previously with Richard & Cynthia. - Jim Rawson, Sr. Project Executive, boasts an impressive 25+ years of hands-on experience managing and overseeing a wide range of large-scale demolition, decommissioning, and remediation projects across the United States. With a commitment to safety and sustainable, profitable growth, Jim has successfully secured multimillion-dollar contracts while ensuring stringent safety standards. Throughout his career, he has consistently delivered high-value projects on time and within budget, showcasing his skill in accurate estimation and effective project management. Jim also holds multiple industry certifications such as Certified Asbestos Supervisor, HAZWOPER, OSHA, and Lead Certified 40-Hour. Holding a contractor license in Building Demolition (C21) and Earthwork and Paving (C12), Jim will offer unparalleled expertise in leading complex projects while ensuring full compliance with regulations and safety standards. Jim will be fully engaged in this project, offering his invaluable expertise in strategic planning, operational risks, and team management. - Albert Sanchez, Jr., Estimator/Project Manager, has over 10 years of experience in the abatement and demolition industry and began his career in the field as a laborer. Along with his experience as a laborer and supervisor, Albert brings experience from the hazardous material consulting industry, helping ensure Resource maintains compliance with EPA and NESHAP regulations. Albert will be key in developing the Contract Price Proposal; providing itemized cost details in support of proposed change orders; submitting value engineered cost reductions or proposals; and participating in weekly cost/credit change review meetings. Albert has been with Resource since 2014. - Steven Scherbarth, Demolition Operations Manager/Superintendent, has over 10 years of experience in the abatement industry. Steven oversees complex projects with dozens of supervisors and laborers, tracking progress ensuring projects are run safely and on-time, according to plan. Steven is adept in performing field inspections and preparing compliance reports; conducting construction progress meetings; evaluating operational impacts; maintaining site safety and notifying the Owner of any unsafe conditions; and providing quality controls and a safe work site for all project participants. Steven has been with Resource since 2017.

PERSONNEL
Resume – Richard Miller, COO

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 14 PERSONNEL Resume – Richard Miller – Continued

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 15 PERSONNEL Resume – Richard Miller – Continued

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 16

PERSONNEL
Resume – Cynthia Skiff, President

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 17

PERSONNEL
Resume – Chase Tinsley, Director, Bids and Project Management

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 18 PERSONNEL Resume – Chase Tinsley – Continued

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 19

PERSONNEL
Resume – Jim Rawson, Sr. Project Executive

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 20 PERSONNEL Resume – Jim Rawson – Continued

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 21 PERSONNEL Resume – Jim Rawson – Continued

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 22

PERSONNEL
Resume – Albert Sanchez, Jr., Sr. Estimator/Project Manager

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 23

PERSONNEL
Resume – Steven Scherbarth, Demolition Superintendent

RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 24 Licensing, Insurance, and Bonding Capacity
Page Intentionally Blank – See Next Pages

Resource Environmental, Inc.
has fulfilled the requirements of the Toxic Substances Control Act (TSCA) Section 402, and has received certification to conduct lead-based paint activities pursuant to 40 CFR Part 745.226 All EPA Administered Lead-based Paint Activities Program States, Tribes and Territories This certification is valid from the date of issuance and expires April 28, 2026 Certification #LBP-23762-2Issued OnOctober 13, 2022
Michelle Price, ChiefLead, Heavy Metals, and Inorganics Branch

Resource Environmental, Inc.
has fulfilled the requirements of the Toxic Substances Control Act (TSCA) Section 402, and has received certification to conduct lead-based paint renovation, repair, and painting activities pursuant to 40 CFR Part 745.89
All EPA Administered States, Tribes, and Territories
This certification is valid from the date of issuance and expires April 23, 2030 Certification #NAT-23762-4Issued OnOctober 13, 2022
Michelle Price, ChiefLead, Heavy Metals, and Inorganics Branch

03/29/2023
Foundation Risk Partners dba Millennium Risk Mgmt & Ins Services License #0M93299
301 E Colorado Blvd Suite 205
Pasadena, CA 91101
Megan Hilke
(818) 844-4118 (949) 679-7240
[email protected]
Resource Environmental Inc
13100 Alondra Blvd Ste 108
Cerritos, CA 90703
Nautilus Insurance Company 17370
Great Divide Insurance Company 25224
23-24 PKG AU XS WC
A
Pollution Liab $1,000,000
Professional Liab $1,000,000 ECP2021736-16 04/01/2023 04/01/2024 1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B BAP2021738-16 04/01/2023 04/01/2024
1,000,000
A
0 FFX2021737-16 04/01/2023 04/01/2024
10,000,000
10,000,000
Over GL AL EL PL CPL
B WCA2021740-16 04/01/2023 04/01/2024
1,000,000
1,000,000
1,000,000
Proof/Evidence of Insurance
*Proof of Insurance

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

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RESOURCE ENVIRONMENTAL, INC. | Abatement and Demolition of 45-653 Portola Ave | PROPOSAL 35

REFERENCE LETTERS
Page Intentionally Blank – See Next Pages

lend lease
July 23, 2020
Subject: Letter of Recommendation for Resource Environmental, Inc.

To whom it may concern:

It is our pleasure to provide the following recommendation for the services provided by Resource Environmental, Inc.

Over the past 7 months, we have worked as the Construction Manager alongside Resource Environmental as the General Contractor on the Demolition of Existing Student Services and Student Activities project at El Camino College.

During the project, Resource Environmental showed remarkable professionalism throughout all levels of the company. They have provided a cooperative and solutionsoriented approach and have exhibited extensive knowledge in demolition and abatement - all of which have proven invaluable throughout the project. Further, Resource Environmental displayed a solid commitment to the health and safety of the campus and the project team, even more so with heightened precautions due to the Coronavirus pandemic.

It is with confidence that we endorse the services of Resource Environmental and are looking forward to working with them again in the future .

Yours sincerely,
Jo, ~~',..~,;,t,
Proj~=~=~~
Lendlease (US) Construction Inc.

M (213) 435 0563
[email protected]
Lendlease (US) Construction Inc.
. Ji~!~, Project xecutive
Lendle se (US) Construction Inc
M (213) 440 7968
[email protected]
515 South Flower Street, Suite 600 Los Angeles, CA 90071 www.lendlease.com T 213 430 4660 F 213 430 4669 CA Contractor License #483550 Page 247 of 934

One Park Plaza, Suite 600 Irvine, CA 92614
Tel: (949) 270-2604
Geotechnical.Structural.Environmental
Arash Malakan
Black Tetragon
One Park Plaza, Suite 600
Irvine, CA 92614
November 5, 2019

To Whom It May Concern:

I am writing this letter to recommend the services of Resource Environmental, Inc. I was the project manager and the owner’s representative for the Former Norton Air Force Base Demolition project where Resource Environmental was the demolition and the abatement contractor. The project, encompassed the hazardous material abatement and demolition of 14 RC, Steel and Wooden frame buildings, equating to over 250,000 square feet of demolition with the removal of 86,500 square feet of hazardous materials. Resource Environmental scope of services was valued at $1,400,000. Most of the buildings on this former military installation were massive RC structures of large footprints and serving as testing facilities with no windows making the abatement operation a challenge. Even so, Resource Environmental performed their responsibilities with no problems encountered and exceeded our expectations.

Resource’s project manager, Nestor Reyes, was always available and very involved. Resource’s assigned superintendent, Benjamin Serrano, was well-informed and capable throughout the duration of the project. Resource’s office staff were quick, responsive, and detailed regarding this project, and always kept me informed. In general, Resource Environmental staff are knowledgeable, experienced, competent, professional and well-versed on the regulatory and compliance matters associated with their work.

Resource Environmental completed their tasks on time with minimal change orders. I highly recommend Resource Environmental, Inc. for any demolition and abatement project.

If you have any questions, please contact me at (949) 270-2406.

Sincerely,
Arash Malakan
Arash Malakan, Ph.D., PE
CEO

1 of 1
April 11, 2018
RE:   Letter of Recommendation regarding Resource Environmental

To whom it may concern,
I am writing this letter in reference to work in which we have successfully subcontracted between Pacific National Group and Resource Environmental. At Pacific National Group we have been fortunate to have subcontractor such as Resource join us on several very difficult and technical projects spanning over numerous years. In working with Resource in not only demolition but hazardous material abatement we have enjoyed success time and time again.

I would highly recommend Resource to any owner or other contractor, as they have delivered for us time and time again on schedule and within budget.

Sincerely,
P. David Pulley
Senior Estimator

April 10, 2018
Victor Reyes
Project Manager
Resource Environmental, Inc.
6634 Schilling Avenue
Long Beach, CA 90805
[email protected]
Re: Letter of Recommendation for Asbestos Abatement, Lead Paint Removal, and Demolition To whom it may concern:

This letter serves as a recommendation for Resource Environmental, Inc. and their qualified staff that handle asbestos abatement, lead paint removal and interior demolition. Their qualified staff of Project Managers – notably Victor Reyes, Nestor Reyes, Richard Miller, Superintendent Benjamin Serrano, Foreman Armando Hernandez – along with site workers and office support personnel, work together as a cohesive team to ensure seamless performance of project tasks. We have noted their commitment to excellent communication and rapid response on all projects for which we have worked together.

During their work on the Air Command Center project they performed the abatement, interior demolition and removal of buried transite piping. Air Command is a large former government facility comprising 11 structures with a project budget of $3,000,000. The Resource team did an excellent job meeting project budgets and schedules and were an asset to the project from start to finish.

Please do not hesitate to contact me if you would like any further details regarding our experience with Resource Environmental, Inc.

Sincerely,
Patrick S. Adams, President

Mark Washburn | President | +14084785641 | [email protected] ________________________________________________________________________________ March 10th 2017
To whom it may concern:

As acting vice president of Foodpro International in 2011, I was lead consultant for one of the largest abatement and demolition projects in 2011 in Southern California. This particular project known as Sunkist Growers located in Ontario, California, was quite complex as the thirteen-acre project was in the middle of a large residential neighborhood and in the flight path of the Ontario airport. We at Foodpro were very particular as for the qualifications for this particular bid and decided to vet many of the bidders beforehand. I met Richard Miller from Unlimited Environmental Inc. (UEI) during the job walk and it was quite apparent Mr.

Miller was quite capable in his knowledge and understanding of the abatement and demolition industry and certainly did his homework for this particular job. During the job walk, Mr. Miller was quite helpful in recommending various options of which in the long run were cost effective for the client.

We at Foodpro were quite relieved after reviewing the bids to see UEI was in fact the lowest bidder and in my opinion because of my discussions with Mr. Miller, the most qualified for this particular project. Due to the complexity of this particular project, it was very important to include in the contract for UEI to guarantee the presence of Mr. Miller at the jobsite during the entire process. The scope of this particular project was quite extensive as it included the demolition and razing of over 19 structures of assorted dimensions and unique sub structures, as well as remediation of over one million square feet of fire proofing, transit panels and removal of contaminated ground. UEI or better said, Mr. Miller handled all phases of this

2 project as a true professional. Following are a few issues during the project that were handled in a professional manner:

1. Due to the flight path of the Ontario Airport, height limitations of the cranes were an issue. Again, Mr. Miller was quite innovative and effective in working with the FAA to mitigate any potential issues with the airport.

2. A few of the structures found at this site were quite old and overbuilt. After removing the top structure, some foundations were three times the size required by todays code.

After pointing this out, Mr. Miller noted a change order should be issued but agreed to include it in the original bid.

3. During the demolition process, the crew was required to work around a number of structures including a water processing facility both above and below ground. This inconvenience certainly caused inefficiencies for UEI nevertheless, Mr. Miller came up with innovative options to work around these obstacles while keeping on schedule.

In conclusion, I would like to say, rarely does one find a contractor that is easy to work with, innovative and always looking out for the client. Mr. Miller certainly encompasses all this and more. If the opportunities arise, we would not hesitate to work with Mr. Miller in the near future.

Regards,
Mark Washburn

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417

ABATEMENT WORK PLAN
Project: 45653 Portola Ave Palm Desert, CA 92260
Contractor: Resource Environmental, Inc.
13100 Alondra Blvd, Ste #108
Cerritos, CA 90703
562 468-7000
State of California Contractors State License Board
License No. 864417, Classifications: A, B, C-21, C-22, HAZ, ASB, C61/D63 State of California Division of Occupational Safety and Health (DOSH) Certificate of Registration for Asbestos-Related Work No. 910 Date Prepared: 08/30/2023
Location of Project:
45653 Portola Ave Palm Desert CA, 92260
Hazardous Material Reports:

Hazardous Building Material Survey Report
45653 Portola Ave Palm Desert, CA 92260
By: Air Quality Testing Service
Prepared By: Wesley Willow
Date: July 20, 2023
Abatement Scope of Work:

Abatement of the following asbestos materials as identified in the above referenced Report. Any suspect material not identified in the provided report will be brought to the attention of the thirdparty consultant.

Less than 1% asbestos containing construction material to be demolished in place. (See demolition work plan)
45653 Portola Ave Palm Desert, CA
92260 Asbestos Containing Materials:
#2 Dining Room • Black Mastic
Lead Containing Materials
#2 Kitchen
#2 Bathroom 1
#2 Bathroom 2
• Light Gray Tile
• Dark Gray Tile
• Pink Gray Tile
Other Hazardous Building Materials
• Fluorescent Lights
• Fixture Ballast
• HVAC
• Refrigerator

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417

1. Introduction
It is the intent of Resource Environmental, Inc. (RE) to provide quality demolition/hazard abatement services while ensuring the protection of personnel at the project site and the integrity of the site and the environment. The work procedures presented in this Project Work Plan are the means by which these objectives are to be accomplished.

The following Programs from RE’s Manual of Corporate Policies and Programs is the basis from which this Project Work Plan has been developed. Each of these RE Programs complies with all applicable local, state, and federal rules and regulations for asbestos work—in many areas the procedures and practices detailed in these Programs are more rigorous than government regulation. → Standard Program for Asbestos Work—Standard Safety, Health and Regulatory Compliance Policies and Procedures for Asbestos Work
→ Respiratory Protection Program for Asbestos Work
→ Medical Surveillance Program for Asbestos Work
→ Injury and Illness Prevention Program

2. Regulatory Compliance
All work shall be performed in strict compliance with the following regulations and standards:
→ Environmental Protection Agency (EPA) National Emission Standard for Hazardous Air Pollutants (NESHAPS; Asbestos, Subparts A and M, codified in Title 40 of the Code of Federal Regulations, Part 61 Subpart M.
→ Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA), codified in Title 40 of the Code of Federal Regulations, Part 763 → Federal Occupational Safety and Health Administration (OSHA) Construction and General Industry Safety Orders, codified in Title 29 of the Code of Federal Regulations, Parts 1910 (29 CFR 1910) and 1926 (29 CFR 1926).
→ California Occupational Safety and Health Administration (Cal-OSHA) Construction and General Industry Safety Orders, codified in Title 8 of the California Code of Regulations (8 CCR). → Applicable regulations of the State of California Environmental Protection Agency, codified in Titles 22 and 23 of the California Code of Regulations and California Health and Safety Code. → Applicable regulations of the Air Quality Management District/ Air Pollution Control District.

3. Sequencing of Project Related Events for RE:

3.1. Execute contract/purchase order.

3.2. Upon receipt of confirmed start date, make required governmental notifications.

3.3. Deliver project submittals.

3.4. Secure necessary insurance as required by contract.

3.5. Attend pre-construction site meeting involving all project stakeholders, proper chain of command and communication channels to be established, all contractors and onsite personnel at multi-employer worksites to be notified of asbestos abatement work, confirmation of start date.

3.6. Upon request, revise project work plan, provide additional pre-construction related submittal information.

3.7. On start date mobilize equipment, supplies, personnel, and waste receptacles to site.

3.8. Isolate regulated work areas, post warning signs and other required notices/permits.

3.9. Prepare regulated area containment structures/work areas.

3.10. Perform pre-abatement inspections of containments.

3.11. Perform abatement of asbestos materials, package generated debris for transportation and disposal.

3.12. Arrange for clearance testing (if necessary).

3.13. Remove containment structures/regulated work areas upon meeting clearance criteria.

3.14. As required, characterize/profile waste streams, prepare waste manifest (hazardous waste manifest to be signed by generator/property owner representative), provide for transportation and disposal of waste.

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417

3.15. Demobilize from site.

3.16. Provide project/contract close-out submittals as required by contract.

4. Agency Notifications

4.1. Cal-OSHA—In compliance with DOSH Rules, RE shall submit “Temporary Worksite Notification for Asbestos-Related Work” to Cal/OSHA Enforcement Unit District Office nearest to worksite.

4.2. South Coast Air Quality Management District (SCAQMD)—REI will submit a 2-week asbestos notification as the asbestos materials scheduled for abatement are not regulated by the district.

5. Personal Samples Laboratory
Patriot Lab Services is located at 1041 South Placentia Avenue, Fullerton, CA 92831.

6. Contingency Plan
Should there be a breach in our containment, materials (HEPA Vacuums, glue, poly, tape) will be readily available to secure the damaged area.

7. Emergency Contact information

7.1. In case of an emergency employees will be taken to the nearest hospital located at 39000 Bob Hope Dr #1109, Rancho Mirage, CA 92270

7.2. 911 will be called for any and all emergencies.

7.3. For police non-emergencies number to call +1(760) 836-1600 73-705 Gerald Ford Dr, Palm Desert, CA 92211

7.4. For all emergencies, people to be contacted from Resource Env. will be Mario Medina (562)702-8493 and/or Martin Bolanos (562) 252-2876.

8. Qualification of Work Crew

8.1. Asbestos Supervisor/Competent Person (TBD): The designated competent person shall possess a current EPA approved certification as an Asbestos Contractor Supervisor/OSHA Competent Person. He will be on-site at all times and will act as the competent person for occupational health and safety issues. The supervisor will conduct daily inspections of the work areas to ensure that control measures, work practices, personal protective equipment, and hygiene facilities are used as prescribed in this document.

8.2. Asbestos Crew: All RE employees have completed an asbestos worker training course in conformance with the requirements of 40 CFR 76, the US EPA AHERA. Current documentation shall be maintained.

8.3. All employees have received medical clearance to wear respirators.

9. Personal Protection Equipment

9.1. All respirators used shall conform to requirements of the Asbestos Standard 29 CFR 1926.1101 and respiratory protection regulation 29 CFR 1910.134. The type of respirator selected shall be adequate to protect the employee and from those approved by the National Institute for Occupational Safety and Health (NIOSH).

9.2. The minimum respirator to be utilized by all personnel removing Class II asbestos, is a half face negative pressure Air Purifying Respirator (APR) with a minimum of a P-100 HEPA filter.

9.3. Disposable protective clothing will be worn at all times inside the work area. Protective clothing is made of breathable fabric to reduce the potential for worker heat stress. Workers shall also don gloves, hard hats, eye protection and work boots.

10. Personal Exposure Monitoring

10.1.In accordance with OSHA protocol personal exposure monitoring shall be performed daily on 25% of the work force or one worker per task when abatement is in progress by collection of operator breathing zone samples in order to determine the adequacy of Personal Protective Equipment.

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417

10.2.Monitoring results and appropriate laboratory analysis to be posted within 48 hours of the monitoring work.

11. Work Area Preparation

11.1.Pre-cleaning will be done prior to sealing any materials/equipment that will not be demolished using HEPA vacuums and/or wet wiping.

11.2.Power to be provided by using the existing 110V from interior of building. Resource will supply pig tails, extension cords and spider boxes to set up temporary power throughout the work area.

11.3.Toilet facilities to be provided by Resource, if not provided by others.

11.4.Demarcate regulated work areas, post warning signs and other required notices/permits. Signs shall be approximately 20 by 14 inches and display following legend. (Signs conform to 29 CFR 1926.200 and 29 CFR 1926.1101)

11.5.Interior demolition will take place prior to abatement to clear out the way for the abatement.

11.6.The controlled area will be established, and adequate negative air filtration units will be activated before any abatement starts.

11.7.Install a full containment, negative air machines to be installed to maintain a negative pressure of -

0.02 WC, checked and ensured by a recording manometer.

11.8.Personnel decontamination unit (Stage 2/ Stage 3) will be attached on the exterior of the building at one of the entrances. The decontamination unit will include a dressing area (clean room) and a dirty room on the interior end where crew will remove their contaminated disposable clothing, if needed a operational shower will also be included.

11.9.Prior to the start of removal activities, containments/regulated work areas shall be inspected.

11.10. A 40-yard labeled, lined, lockable roll top bin will be placed near the work area.

Legend
• Danger – 1 inch
• Asbestos- 1 inch
• Cancer and lung disease hazard- ¼ inch
• Authorized personnel only- ¼ inch
• Respirators and protective clothing are required in this area- ¼ inch

12. Specific Removal Procedures for Asbestos Containing Materials as Identified in Scope of Work Section Above:

12.1.Roof Felt/ Roof Penetration Mastic/ Rolled Roofing/ Roof Flashing/ Vibration Cloth

1. The regulated work area will be established before any removal starts by posting required barrier tape and/or warning signs at the minimum distance of 10 feet beyond the work area restricting access to unauthorized personnel.

2. Install 1 layer of 6mil plastic on floor extending at least 10feet from work area.

3. A two-stage personal decontamination chamber shall be constructed continuous to work area.

4. ACM shall be removed using wet methods with a combinations of hand tools.

5. Waste will be wetted and double bagged into 6 mil pre-printed disposal bags.

6. Waste will be stored into labeled, lined, lockable roll top 40 yard containers for proper disposal.

12.2.Drywall with Joint Compound

1. The controlled area will be established, and adequate negative air filtration units will be activated before any abatement starts.

2. Install a full containment, negative air machines to be installed to maintain a negative pressure of -0.02 WC, checked and ensured by a recording manometer.

3. Three-stage personal decontamination chamber with operational shower shall be constructed continuous to each work area.

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417

4. To be removed in manageable sections using wet methods and a combination of hand tools. **Below

5. Package and label waste, store all waste in labeled, lined, lockable roll top 40-yard containers.

6. Dispose of waste as non-friable, non-hazardous asbestos containing waste. Non-hazardous waste manifest is required.

12.3.Window Putty/ Door Frame Caulking

1. The regulated work area will be established before any removal starts by posting required barrier tape and warning signs at the minimum distance of 10 feet beyond the work area restricting access to unauthorized personnel.

2. Install drop floors to extend at least 10 feet where applicable.

3. A two-stage personal decontamination chamber to be constructed continuous to each work area.

4. Mastics will be removed intact using wet methods and a combination of hand demolition tools.

All components containing the materials to be removed intact in manageable sections.

5. Waste will be double wrapped in 6-mil poly or double bagged in clear pre printer 6-mil poly and properly labeled.

6. Package and label waste, store in labeled, lined, lockable roll top 40-yard containers.

12.4.Acoustic Ceiling/ Fire Proofing

1. The controlled area will be established, and adequate negative air filtration units will be activated before any abatement starts.

2. Install a full containment, negative air machines to be installed to maintain a negative pressure of -0.02 WC, checked and ensured by a recording manometer.

3. Three-stage personal decontamination chamber with operational shower shall be constructed continuous to each work area.

4. ACM to be removed using wet methods with a combination of hand tools.

5. Once removed waste will be maintained in a wetted state until it is double bagged into a 6-mil pre-printed disposal bag. All surfaces will be thoroughly cleaned and/or encapsulated.

6. The disposal bags will then be cleaned by wet wiping and then loaded into labeled, lined, lockable roll top 40 yard containers for proper disposal.

12.5.Transite Wall Paneling

1. Establish a regulated work area by posting required barrier tape and warning signs at a minimum distance of 10 feet beyond the work area restricting access to authorized personnel.

2. Install drop floors to extend at least 10 feet where applicable.

3. Install 2-stage worker decontamination facility to be constructed continuous to each work area.

4. To be removed using wet methods, hand demolition tools. All components containing the materials to be removed intact in manageable sections. Hand scrape remaining residue from components to remain. **Below

5. Package and label waste, store all waste in labeled, lined, lockable roll top 40-yard containers.

6. Dispose of as friable, hazardous asbestos-containing waste.

12.6.Floor Tile/ Sheet Flooring/ Mastic

1. The controlled area will be established, and adequate negative air filtration units will be activated before any abatement starts.

2. Install full containment, negative air machines to be installed to maintain a negative pressure of -0.02 WC, checked and ensured by a recording manometer.

3. Three-stage personal decontamination chamber with operational shower shall be constructed continuous to each work area.

4. Floor tiles/ Sheet Flooring to be removed using wet methods with a combination of tile bars, hand tools, mini bobcats with floor attachment and/or the terminator floor scrapper.

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417

5. Floor mastic to be removed with a combination of wet methods, razor scrapers, EPA approved industry standard solvents and or bead blasting methods. **Below

6. Once removed, waste will be maintained in a wet state until it is double bagged into a 6-mil pre-printed disposal bag. All surfaces will be thoroughly cleaned and/or encapsulated.

7. The disposal bags will then be cleaned by wet wiping and then loaded into labeled, lined, lockable roll top 40-yard containers for proper disposal.

12.7.TSI Pipe Insulation/TSI Pipe Elbows/ Ducts Mastics/ Pipe Mastic/Pipe Gaskets

1. Establish a regulated work area by posting required barrier tape and warning signs at a minimum distance of 10 feet beyond the work area restricting access to authorized personnel.

2. Install drop floors to extend at least 10 feet where applicable.

3. Install 2-stage worker decontamination facility to be constructed continuous to each work area.

4. To be removed using wet methods and wrap cut methods. All components containing the materials to be wrapped in (2) layers of 6mil poly sheeting. **Below

5. To be removed using wet methods, hand demolition tools. All components containing the materials to be removed intact in manageable sections. Hand scrape remaining residue from components to remain. **Below

6. Package and label waste, store all waste in labeled, lined, lockable roll top 40-yard containers.

7. Dispose of as friable, hazardous asbestos-containing waste.

12.8. Fire Doors

1. Establish a regulated work area by posting required barrier tape and warning signs at a minimum distance of 10 feet beyond the work area restricting access to authorized personnel.

2. Install drop floors to extend at least 10 feet where applicable.

3. Install 2-stage worker decontamination facility to be constructed continuous to each work area.

4. To be removed using wet methods, hand demolition tools. All components containing the materials to be removed intact in manageable sections. Hand scrape remaining residue from components to remain. **Below

5. Package and label waste, store all waste in labeled, lined, lockable roll top 40-yard containers.

6. Dispose of as friable, hazardous asbestos-containing waste.

At all times wet methods shall be utilized, with caution not to create waste water. Work area to be misted with water keeping materials in a moist condition during removal. Dry sweeping of asbestos debris is prohibited.
a) HEPA filter equipped vacuums shall be used for immediate clean-up of debris. b) Asbestos debris shall be sealed in appropriately labeled, leak-tight containers (double, 6- mil poly bags or double, 6-mil wrapping) and removed to secured area or lined dumpster. Prior to off-site transportation of waste streams, RE shall prepare waste manifesting for each waste stream and arrange for manifests to be signed by owner’s representative.
c) Spray encapsulant (Fosters 32-60) shall be applied where asbestos materials have been abated.
d) All equipment utilized in the performance of this project shall be decontaminated at such time it is removed from the regulated work areas.
e) the owner’s representative Air Quality Testing Service will run continuously until Final PCM Air Clearances are achieved.
f) Upon receipt of satisfactory clearance results from the owner’s representative, the work area shall be deemed asbestos safe and ready for tear down of containment.

13. Bag Out Procedures

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417
• All bags will be placed inside a properly labeled second bag. • Bags will be sealed by twisting closed and duct taping the end. • All bags will then be passed through the two chambers, wiping any residue from the outer bag.

14. Equipment
• Pullman-Holt HEPA Vac 102 Dry – 12 Gal
• Hand Tools
• Hudson Sprayer

15. Miscellaneous Materials
• 6-mil Pre-Printed Polythene Bags
• Asbestos Air Cassettes
• Labels- Danger Asbestos Stickers
• 6-mil Fire Rated Polythene Sheeting
• Warning/Danger signs- Asbestos
• Spray Glue
• Caution Tape
• Danger Tape
• Danger Tape Asbestos
• Vacuum Bag
• Encapsulant
• White Tape
• Cleaning Rags

16. Manifest
• Prior to removing the waste bin from the site, Resource will provide a manifest for review and signing.
• Non-friable and trace asbestos materials will be transported utilizing Non-Hazardous Waste Manifest.
• For friable materials, a Uniform Hazardous Waste Manifest will be utilized. • For this, a site-specific EPA ID number is required.
• Owner will provide the EPA number and a authorized signee for the manifest.

17. Safe Work Practices/Jobsite

17.1. All RE personnel are trained to comply with the company’s Injury and Illness Prevention Program which addresses the myriad of proper work practices for abatement work, preparation/ reaction/management of jobsite emergencies and other corporate policies necessary to safe work practices. A copy of RE’s Injury and Illness Prevention Program shall be kept onsite for review and reference.

17.2. Daily tailgate safety meetings shall be conducted onsite. Documentation of such meetings shall be made available upon request.

18. Transportation and Disposal of Asbestos Regulated Waste to Designated Facility Prior to off-site transportation of waste streams, RE shall prepare waste manifesting for each waste stream and arrange for manifests to be signed by owner’s representative.

18.1. Transportation

1. Environmental Contractors Transportation Inc (ECTI)
953 Reece St, San Bernardino CA 92411
Phone (800) 664-7773

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417
DTSC Hazardous Waste Transporter Registration No. 052115 551 076XZ USDOT 801209
US EPA Identification No. CAR000049064

18.2.Designated Facilities

1. La Paz County Landfill
26999 AZ-95, Parker, AZ 85344
Phone (928) 669-8886
US EPA Identification No. AZC950823111

19. Modifications to this Plan

19.1.It is possible that site conditions may require the modification of this plan. RE reserves the right to modify this Project Work Plan but shall do so only after an amendment to this Project Work Plan has been prepared, submitted and approved by the appropriate project stakeholders.

Resource Environmental Inc.
13100 Alondra Blvd., #108, Cerritos, CA 90703
Office: 562.468.7000 Fax: 562.468.0600
License # 864417

Method to Accomplish Work – Abatement and Demolition Portola Resource Environmental, Inc. will employ a meticulously planned, technology-driven, and efficiently managed approach to provide top-tier services within the specified time frame. Our proven techniques and streamlined operations come from years of industry experience.

Schedule of Tasks, Milestones, and Deliverables
SCAQMD Notifications: Two notifications will be submitted to initiate the mandated 14-day waiting period. During this period, the following tasks will be accomplished:

Initial Consultation and Site Assessment: Within the first 48 hours of the waiting period.

Locating and Capping Underground Utilities: Coordination with utility companies and Dig Alert will take place to confirm disconnection and caping of utilities within the first week.

Work Plans and Permits: Work plans will be finalized and permits will be secured by the end of this 14-day period.

Notification of Neighbors: 48 hours prior to the initiation of hazardous material removal, neighbors will be informed.

Mobilization: Starting Day 1
Hazardous Material Removal: Starting Day 2 to Day 3 of the 20-day work schedule, in strict compliance with EPA, OSHA, and SCAQMD standards.

Demolition Phase: Scheduled for Day 4 to Day 11, using industry-leading techniques and machinery, including an excavator with a bucket and thumb.

Backfill of Pool & Site Demolition: To be carried out on Day 12 and Day 14.

Punch List, Site Cleanup and Final Inspection: Scheduled for Day 15 to Day 19.

Demobilization: Starting Day 20
Each of these phases will conclude with a detailed deliverable or status report, documenting the activities undertaken, results achieved, and any adjustments required for subsequent phases.

The total project duration, including the 14-day SCAQMD notification period and the 20-day work schedule, amounts to 34 days. However, the tasks pre-demolition tasks identified above can be completed after Notice of Award and before Notice to Proceed. Resource Environmental, Inc. is committed to adhering to this timeline, while ensuring the project's successful and high-quality completion. We welcome further discussion on any additional recommendations.

Cost Proposal – Abatement and Demolition Portola
Resource Environmental, Inc.’s lump sum price for the Abatement and Demolition of 45-653 Portola Ave Project, in accordance with the RFP and its terms and conditions, is:
$71,000.00
Schedule of Hourly Rates:

Asbestos Abatement Laborer: $90/hr
Demolition Laborer: $90/hr
Site Foreman: $100/hr
Superintendent: $120/hr
Project Manager: $140/hr

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Martin Alvarez, Director of Public Works
REQUEST: APPROVE THE INSTALLATION OF AN HONOR PLAQUE FOR ALL

FORMER COUNCILMEMBERS AND AUTHORIZE BEST SIGNS TO
CREATE THE PLAQUE FOR AN AMOUNT NOT TO EXCEED $10,000
RECOMMENDATION:

1. Approve the installation of a Former City Council Members Honor Plaque.

2. Authorize Best Signs of Palm Desert, California, to create the plaque for an amount not to exceed $10,000.

BACKGROUND/ANALYSIS:

In the Fall of 2022, the City Council Chamber remodel was completed. The remodel included modernizing the entire building, including renovations to the Council Chamber restrooms, carpet, paint, seating, City Council dais, Council Chamber Conference Room, and new technology upgrades. To accommodate American with Disabilities Act (ADA) upgrades to the men’s restroom, the photographs of the former City Councilmembers were removed from the southeast corner of Chamber lobby (see attached former wall photo). The relocation of the men’s restroom entrance precluded the photographs from being able to be re-installed in the same area.

To address the replacement of the of the photographs, staff were asked to look at options to accomplish this in the Council Chamber lobby. Due to the limited amount of open wall space and the desire to keep the look of the Chamber lobby clean and modern, staff worked with Mayor Kelly and Councilmember Harnik to look at viable options. After evaluating several locations within the Council Chamber lobby, staff recommended installing a 50” x 54” bronze wall mounted plaque, labeled “Honoring the Legacy” (see attached exhibit).

Project Description:

The honor plaque would include the names and dates of service of each former Councilmember on a 2 1/2”x 5” name plate. The display would be wall mounted in the existing alcove located along the north facing wall, west of the main entrance (see attached mockup location). The color of the plaque would be bronze with gold name plates, similar to the employee recognition plaque currently installed in the Administrative Lobby (see attached photo). The plaque has space for a total of 56 names with a total of 21 former Councilmembers currently being recognized. The plaque would have 35 additional spaces for future councilmember recognitions.

FINANCIAL IMPACT:

City of Palm Desert
Approval of City Council Members Plaque

Funds for the City Council Honor Plaque are available in Account No. 4504161-4400100 - Development Services Lobby Renovation Project; therefore, there is no impact to the General Fund. Best Signs, who created the Employee Recognition Plaque, provided an estimated cost of $7,500. Staff requests approval for an amount not to exceed $10,000 to accommodate any additional City Council recommendations.

ATTACHMENTS:

1. Plaque Mockup

2. Plaque Mockup PDF

3. Employee Recognition Plaque

4. Former Photo Wall

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Shelby Goodwin, Special Events Coordinator REQUEST: CELEBRATE CV EVENT APPROVALS
RECOMMENDATION:

1. Approve road closure on San Pablo Avenue between Magnesia Falls Drive to the roundabout located at the entrance to College of the Desert for the Celebrate CV event scheduled for Saturday, December 30, 2023.

2. Approve waiver of all City permit fees associated with the event.

3. Authorize the City Manager to execute any documents that may be necessary to facilitate the event.

BACKGROUND/ANALYSIS:

On July 13, 2023, the City Council approved a sponsorship in the amount of $25,000 with LocaliQ to produce the Celebrate CV event at the Palm Desert Civic Center Park on Saturday, December 30, 2023, from 3 p.m. to 10 p.m. This will be a large-scale FREE community event with an anticipated attendance of 5,000. Elements of the event will include headlining musical act Lauren Alaina, along with other musical performances, food trucks, wine and beer tasting, community centric vendor booths, children’s areas, and more. Event producers have secured several additional sponsors and have identified the Family YMCA of the Desert as beneficiary of the event proceeds.

The event will take place in a fenced area at the Civic Center baseball fields and in the street along San Pablo between Magnesia Falls and the roundabout located at the entrance to College of the Desert. As such, event organizers are requesting closure of this section of the road from approximately 5 a.m. on Saturday, December 30, for load-in of equipment such as stages and other rentals. The road is anticipated to open by Sunday, December 31, at 6 a.m. Magnesia Falls between Monterey and Portola avenues will remain open and unimpacted during the road closure and the event. Staff will ensure that informational signage is posted informing of the extended closure well in advance.

The event organizers will work with Tops N Barricades on a traffic control plan to be approved by City staff and will have overnight security during load-in and load-out of equipment. City staff will ensure that the organizers have all proper permits and parking plans in place, and that they coordinate public safety services with the Riverside County Sheriff’s Department in advance of the event.

Legal Review:

This report has been reviewed by the City Attorney’s office.

Strategic Plan:

City of Palm Desert
(CELEBRATE CV EVENT APPROVALS)

− Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. − Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination.

FINANCIAL IMPACT:

A $25,000 sponsorship was previously approved and budgeted by the City Council. Permit fees are not expected to exceed $1,000. There will be no additional impact to the General Fund associated with this event.

ATTACHMENTS:

1. Event Site Map

Celebrate CV Site Map – Event Saturday, December 30, 2023, from 3 p.m. to 10 p.m.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Lucero Leyva, Project Manager
REQUEST: ACCEPT CONTRACT NO. C42400 AS COMPLETE FOR THE

DEVELOPMENT SERVICES LOBBY RENOVATIONS (PROJECT
CFA00014)
RECOMMENDATION:

1. Accept Contract No. C42400 with Tilden-Coil Constructors, Inc., of Riverside, California, as complete.

2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.

BACKGROUND/ANALYSIS:

On November 18, 2021, the City Council awarded the design-build contract for the Development Services Lobby Renovations Project (CFA00014) to Tilden-Coil Constructors, Inc., in the amount $950,000.

On June 23, 2022, the City Council provided staff with direction regarding what areas would be included in the first phase of improvements for the project.

On July 14, 2022, the City Council approved a change order in the amount of $1,168,341. The scope for this change order included the Lobby, Conference Room, Hallway, Restrooms, a MultiPurpose Space, and additional architectural and pre-construction services.

Construction on the Lobby began on Friday, June 9, 2023, and was substantially completed by Saturday, September 20, 2023. Staff has inspected the work performed by the contractor and has found said work to be complete and in accordance with the contract requirements.

FINANCIAL IMPACT:

There is no additional financial impact associated with this action.

ATTACHMENT:

1. Notice of Completion

To be recorded with the Riverside County Recorder
on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.

APN 622-250-015 NOTICE OF COMPLETION
(Cal. Civ. Code § 9200 et seq. – Public Works)
NOTICE IS HEREBY GIVEN:

1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260.

2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph.

3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE.

4. That on the 20
TH day of September 2023 work of improvement described as the Development Services Lobby Renovation, Project No. CFA00014 Contract No. C42400, on the real property herein described, was completed.

5. That the name of the original contractor, if any, for said work of improvement was: Tilden-Coil Constructors, Inc., Riverside, CA 92501.

6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as 73-510 Fred Waring Drive, Palm Desert, CA 92260.

7. I, Kathleen Kelly, Mayor of the City of Palm Desert, am authorized to execute and file this Notice of Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have read the Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

CITY OF PALM DESERT

A MUNICIPAL CORPORATION
Date: By:

Kathleen Kelly, Mayor

When recorded, return to:

Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
STATE OF CALIFORNIA }
} ss
COUNTY OF RIVERSIDE }
On __________ __________, 2023, before me, Anthony J. Mejia, City Clerk of the City of Palm Desert, personally appeared Kathleen Kelly, Mayor of the City of Palm Desert, a Municipal Corporation, and acknowledged to me that the City of Palm Desert executed the same.

Anthony J. Mejia, City Clerk
Rev. May 2020 Page 287 of 934

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Deborah Glickman, Management Analyst
REQUEST: RECEIVE AND FILE AN UPDATE ON THE COMPENSATION AGREEMENT FOR ASSESSOR’S PARCEL NO. 620-400-625
RECOMMENDATION:

Receive and file an update on the Compensation Agreement for Assessor’s Parcel (APN) No. 620-400-625.

BACKGROUND/ANALYSIS:

APN 620-400-625 (14.46 acres), also referred to as Parcel A, is located adjacent to 34.25 acres of undeveloped land on Desert Willow Drive north of Country Club Drive. To preserve open space for its residents and visitors, the City seeks to acquire the parcel from the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) for use as public parking and recreational space. To facilitate the construction of the improvements, the City needs to acquire the parcel from SARDA, and to do so the City needs to enter into a Purchase and Sale Agreement (PSA) with SARDA for the Fair Market Value (FMV) for the parcel. Based on a September 2023 appraisal the FMV is $4,600,000.

The sale of the parcel from SARDA to the City is contingent on approvals from the Riverside County Oversight Board (OB) and the State of California Department of Finance (DOF). On September 28, 2023, the City Council approved the City to purchase the parcel at FMV and directed staff to enter into a Compensation Agreement with the Riverside County designated taxing entities that are the recipients of the proceeds of the sale.

The parcel is listed on the June 2, 2014, DOF approved Long Range Property Management Plan (LRPMP) as having “No Potential” for government use. Since the parcel is being sold for a purpose other than its designation on the LRPMP, staff was advised that the City is required to enter into Compensation Agreements with each of the designated taxing entities.

Upon further discussions with the OB staff liaison and its legal counsel, City staff was informed that Compensations Agreements are not necessary since the parcel is being purchased at FMV.

Therefore, staff will move the request forward to the OB for review and approval of the sale of the property from SARDA to the City without a Compensation Agreement. The request for approval of the sale will go before the OB at its meeting in January 2024. Once approved by the OB, the request will be forwarded to the State of California’s Department of Finance for final review and approval.

City of Palm Desert
APN 620-400-625

Details and location of the parcel are as follows:

APN Size
(acres)
Zoning Property
Description
General Plan
Designation
620-400-025 14.46 Planned Residential
(PR-5) Vacant Conventional Suburban Neighborhood
Legal Review:

This report has been reviewed by the City Attorney’s office and Robert Messinger, special counsel to the City.

FINANCIAL IMPACT:

There is no fiscal impact related to this item.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: REJECT ALL PROPOSALS FOR MANAGEMENT AND OPERATION OF

THE PALM DESERT AQUATIC CENTER
RECOMMENDATION:

Reject all proposals for Management and Operations of the Palm Desert Aquatic Center.

BACKGROUND/ANALYSIS:

The Palm Desert Aquatic Center (PDAC) has been operated by the Family YMCA of the Desert (YMCA) since the facility opened in 2011. In January 2018, the City issued a Request for Proposals (RFP) for management of the Palm Desert Aquatic Center. A competitive bidding process was conducted resulting with the award of Contract No. C36620 to the Family YMCA of the Desert for a one-year term with an option to renew every year until June 30, 2023. An RFP was released in November 2022, however, due to changes needed to the scope of work that were identified during the proposal review process and negotiations, the proposals were rejected. Amendment No. 5 was approved on April 27, 2023, to extend the contract with the YMCA through December 31, 2023.

An aquatics consulting firm, Counsilman Hunsaker, was contracted to assist City Staff with the RFP process. The scope of work was updated, and a new RFP was issued on August 3, 2023.

Six proposals were received and evaluated; however, City Staff made the decision that a stronger management approach was needed for the facility. Key Performance Indicators are currently under development, along with new reporting structures and oversight.

At the request of City staff, Mayor Kelly appointed Councilmembers Harnik and Trubee to a PDAC Subcommittee to meet with and advise the City Manager and staff on related matters.

Mayor Kelly noted she selected Councilmember Trubee due to his role as liaison to the Parks and Recreation Committee and Councilmember Harnik as the sole current Councilmember who was serving when the PDAC opened. In December, the Parks and Recreation Committee will be requested to select a representative to serve on this subcommittee.

At this time, staff request the City Council reject all proposals received through the August 3, 2023, RFP process. Staff intends to bring Amendment No. 6 to the City Council meeting scheduled on December 12, 2023, to incorporate the updated scope and extend Contract No.

C36620 through June 30, 2025.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

Since the current Amendment No. 5 does not expire until December 31, 2023, there is no financial impact as a result of this action.

-----Original Message-----
From: Nancy Goin
Sent: Tuesday, November 7, 2023 1:17 PM
To: CouncilMee�ng Comments <CouncilMee�[email protected]> Subject: Aqua�c Center Palm Desert
Good a�ernoon as a user of the facility I was pleased to see that you were giving a second thought to changing the membership model from the community based Y to an out of state management group .

Centers such as these as well as YMCA are pivotal and core to communi�es and changes must be made with great cau�on . While they’re maybe the promise of more dollars and economic enhancements.. maybe … at what cost ? Please reconsider and leave as is , if not broken don’t fix it ! Nancy Goin

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Gary Shaffer, Director of Library Services REQUEST: ADOPT A RESOLUTION TO JOIN THE INLAND LIBRARY SYSTEM, A JOINT POWERS AUTHORITY COOPERATIVE, BEGINNING JULY 1, 2024
RECOMMENDATION:

1. Petition the Administrative Council of the Inland Library System (ILS) a Joint Powers Authority (JPA) library cooperative, to join as a member effective July 1, 2024.

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, REQUESTING TO JOIN THE INLAND LIBRARY SYSTEM, A JOINT POWERS AUTHORITY LIBRARY COOPERATIVE, AS OF JULY 1, 2024.”

3. Authorize the City Attorney to make any necessary, non-monetary changes to the agreement.

4. Authorize the City Manager to execute said agreement.

BACKGROUND/ANALYSIS:

ILS was formed as a JPA in 1977 to improve and coordinate the public library functions of the libraries located in Riverside, San Bernardino, and Inyo counties. It is one of nine library cooperatives across the State of California. These cooperatives serve as a pipeline to the California State Library (CSL), through which all State funding for libraries flow and the Institute of Museum and Library Services (IMLS) through which all federal funding flow.

Activities the cooperative may perform include:
 Coordination of some customer services aspects, including o Delivery between library outlets;
o Provision for inter-availability of collections among all library outlets; o Provision for in-service training;
o Guidance in adult, young adult, and children's services through workshops and similar programs;
 Public relations;
 Applications and contracts for grants from public or private entities;  Coordination of book orders and periodical subscriptions as feasible; and  Other cooperative library projects as recommended by a majority of the members.

Once established as a municipal library on July 1, 2024, The City of Palm Desert, based on current year financials, will receive approximately $2,384 in CSL funds that may be used toward shared eResources. This will be in addition to other benefits as described above, along with any additional funds or services the California State Library will bestow in the future.

Legal Review:

This report has been reviewed by the City Attorney’s office.

City of Palm Desert
Resolution to Join the Inland Library System

FINANCIAL IMPACT:

Funds are available in Account No. 2524662-4363000 for this purpose. The first-year dues is anticipated to be $557. Dues vary annually based on population and may also be adjusted based on a service increase. This said, the dues rate has not increased over the last 5 years. Membership may have a positive financial impact as it will allow the City to receive State grant funds through ILS, participate in limited free e-resource sharing, and have access to delivery services between member library outlets.

ATTACHMENTS:

1. City of Palm Desert Resolution

2. ILS JPA Agreement, dated June 28, 1977

3. ILS legal opinion on new members, October 9, 1997

4. ILS Bylaws dated, May 20, 2021

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, REQUESTING TO JOIN THE INLAND LIBRARY

SYSTEM, A JOINT POWERS AUTHORITY LIBRARY COOPERATIVE, AS OF JULY 1, 2024.

WHEREAS, the City Council previously adopted Resolution 2023-047 stating its intent to withdraw from the Riverside County Library System; and WHEREAS, the Riverside County Library System has been a member of the Inland Library System (ILS) since June 28, 1977; and
WHEREAS, the City Council wishes for its residents to maintain access to all services rendered by ILS and for the Palm Desert Library to be eligible for future State of California and federal funding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council of the City of Palm Desert hereby approves a request to the administrative council of the ILS to join the ILS, as of July 1, 2024, and in return for our ongoing annual dues, be allowed to participate in the administrative council and be afforded all privileges of membership.

SECTION 3. The City Council hereby directs staff to provide a copy of this executed Resolution to the administrator of the ILS and attend the December 14, 2023, meeting of the ILS in the City of Riverside in order petition for our membership, on behalf of the City Council, and answer any questions of the ILS administrative council members.

SECTION 4. This Resolution shall take effect immediately upon adoption.

SECTION 5. The City Clerk shall certify passage of this Resolution.

ADOPTED ON ________________, 20__.

KATHLEEN KELLY
MAYOR

Resolution No. 2023-____ Page 2
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20__.

ANTHONY J. MEJIA

CITY CLERK

1 INLAND LIBRARY SYSTEM

BYLAWS AND STANDING RULES
Revised May 20, 2021
ARTICLE I: NAME
The name of this cooperative library system shall be the Inland Library System, hereinafter called the System.

ARTICLE II: PURPOSE
The purpose of the System is to extend and improve public library service throughout the System area. In order to fulfill its purposes, the System must submit to the California Library Services Board an annual Plan of Service and application for grants under the California Library Services act and the Federal Library Services and Construction Act.

ARTCLE III: DEFINITIONS
Chairperson. Serves as the presiding officer at Administrative Council and Executive Committee meetings; opens and adjourns system meetings; facilitates meeting discussions; serves as authorized signer for system documents and financial instruments (once established with financial institutions).

CLSA. The California Library Services Act, which includes regulations to encourage and guide cooperative efforts with neighboring libraries through a structure consisting of nine statewide cooperative systems. Funding provided under CLSA provisions are spent in accordance with an approved Plan of Service submitted annually by each system.

CLSB. The California Library Services Board (the state board) consists of nine members appointed by the Governor and four by the Legislature. The state board determines policy for and authorizes allocation of funds from programs of the California Library Services Act.

System Executive Director. The Administrative coordinator for the system, responsible for assisting the Administrative Council with meeting agendas and process, overseeing fiscal and administrative aspects of operating the system, and coordinating required CLSA Plans of Service and Annual Reports.

ARTICLE IV: AUTHORITY
The System is formed under authority of Article 5, California Library Services Act, Chapter 4, Part 11, California Education Code and under authority of Article 1, Chapter 5, Division 7, Title 1 of the California Government Code [Section 6500 et seq.]
ARTICLE V: SYSTEM MEMBERSHIP
Sec. 1. Any jurisdiction in lnyo, Riverside and San Bernardino Counties, as defined in Paragraph 18710, [I], California Library Services Act, which provides library service through an established public library may be a member of the System upon approval of a majority of voting members of the Administrative Council and upon its execution of the Agreement for the Joint Exercise of Powers relative to the System, and its further agreement to the Plan of Service as agreed upon by all parties to said Joint Powers Agreement.

Sec. 2. On the date of these bylaws, the following public libraries were members:

Banning Library District
Beaumont Library District
Colton Public Library
Corona Public Library
Hemet Public Library
Inyo County Free Library
Moreno Valley Library
Murrieta Public Library
Ontario City Library
Palm Springs Public Library
Palo Verde Valley District Library
Rancho Cucamonga Public Library
Rancho Mirage Public Library
Riverside County Library System
Riverside Public Library
San Bernardino County Free Library
San Bernardino Public Library
Upland Public Library
Victorville Public Library

2 Sec. 3. The System is a cooperative library system in which membership and participation is purely voluntary.

Membership in the System shall, in no way, compromise the autonomy of any member or participating library.

Sec. 4. Withdrawal from Membership
a. Any member library may withdraw from the System by resolution of the governing body of its jurisdiction. Such withdrawal notice should be made prior to March 3 of any year and be effective as of July 1 of the year withdrawal is made.
b. If the debts and obligations of the System exceed its assets and anticipated income at the time of withdrawal, withdrawal may be effective only after payment by the withdrawing party of its proportionate share of the net debts and obligations of the System.
c. Upon notification of withdrawal, the Administrative Council may direct the withdrawing library to transfer possession of any System property held by that library. d. At such time as the System is notified that a member wishes to withdraw, an Ad Hoc Committee shall be appointed to work with that library and make recommendations to the Council regarding the withdrawal, division of property, and possible future relationships. e. The Administrative Council may request the withdrawal of a member library for repeated and excessive violations of existing agreements between or among other member libraries. Such petition for withdrawal shall be in conformance with sanctions established by the Administrative Council and incorporated in the System's Standing Rules.
f. Failure to pay yearly membership dues within six months of the invoice date may result in the withdrawal of the participating library jurisdiction.

ARTICLE VI: THE ADMINISTRATIVE COUNCIL
The Administrative Council, hereinafter called the Council, is the governing board of the System.

Sec. 1. Membership
Each library jurisdiction which is a member of the System shall be entitled to one representative on the Council.

That representative shall be the head librarian of the jurisdiction represented; in the event of scheduling conflicts, the head librarian may designate a proxy to attend meetings of the Council and have voting authority to represent the jurisdiction.

Sec. 2. Responsibilities
As the governing board for the System, the Council is responsible to establish policies for operation of the System and to execute those policies. The Council is specifically responsible for:
a. Management of the System budget and for fiscal affairs; b. Adoption and presentation to the California Library Services Board an annual Plan of Service; c. Submission of proposals to the California Library Services Board for funds to support an annual financial plan and budget;
d. Establishment and imposition of sanctions for the violation by member libraries of existing agreements between or among other member libraries.
e. System in-service training, System public relations, and System assistance and guidance in adult, young adult and children’s services through workshops and similar programs. f. Undertaking other System library projects which may be authorized by the Council.

The Council retains an agreement with a contracted government entity to ensure these functions comply with the California Services Act governed by the California Library Services Board.

Sec. 3. Meetings
a. All meetings shall be open and conducted in accordance with Chapter 9, Div. 2, Title 5 of the Government Code of the State of California [the Ralph M. Brown Act].
b. Regular meetings shall be held in accordance with a schedule adopted annually. The Council shall conduct regular Administrative Council meetings no less than four times per year, but as often as necessary to exercise the

3 responsibilities in Section 2, above.
c. Meeting notifications and conduct shall be compliant with the Brown Act (Government Code sections 54950- 54963).
d. Written notices of regular meetings shall be issued by email or other means approved by Council to each member of the Council in as many copies as required including a copy of the agenda to be posted in a public place. e. The Chairperson, or a majority of the Council, may call a special meeting at any time providing written notice is made by email at least twenty-four hours in advance to each member of the Council. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Council.

Sec. 4. Voting and Quorums
a. For any regular and special meeting of the Council, a quorum must consist of a majority of the duly appointed representatives or alternates to the Council. The Chairperson or presiding officer must declare the presence of a quorum before conducting any business requiring a vote. b. If less than a quorum is present, the presiding officer shall adjourn any meeting to a stated time and place. Written notification of adjournment shall be made in the same manner as provided in Sec. 3. hereof. c. The Council shall vote on all matters having to do with its responsibilities and such other matters deemed appropriate by the Chairperson. No matters requiring action by the Council will be considered at a meeting unless they have appeared on the agenda for that meeting [this rule may be suspended only in an emergency under the provisions of the Brown Act]. Any member of the Council may request an item placed on the agenda ten working days before the meeting.
d. Passage of a motion requires a simple majority, i.e., more than half the members present, assuming a quorum has been declared. At the discretion of the Chairperson and the absence of dissenting opinion, all votes shall be recorded on action item form and retained.

Sec. 5. Record of Minutes
a. The Council shall cause to be kept and preserved a proper record of the proceedings of meetings in accordance with the System’s record retention policy.
b. A complete set of minutes as approved by the Council shall remain on file at the business office of the System and shall be made available upon request.

Sec. 6. Officers and Duties of Members of the Council
a. The officers of the Council shall be Chairperson, Vice-Chairperson, Vice-Chairperson in Waiting and Past Chairperson.
b. The Chairperson, Vice-Chairperson and Vice-Chairperson in Waiting shall be seated every two years at the regular meeting of the Council in May and shall serve for two years effective the following July 1, by nomination and election of the Council. The Vice-Chairperson shall serve as Chairperson-Elect. The Vice-Chairperson shall perform the duties of the Chairperson in the absence of the Chairperson. c. The Chairperson shall preside at all meetings of the Council. The Chairperson may serve as an ex-officio member of all committees. The Chairperson shall represent the System and the Council as occasion demands.

Sec. 7. System Executive Director
Duties of the Director or his/her designee shall include:
a. Compiling and distributing the agenda in consultation with the members of the Council and committee chairpersons.
b. Recording, disseminating, and maintaining the official minutes of all Council meetings. c. Making applications for state or federal grants for the System, as authorized by the Council. d. Making requests for payment and preparing such reports on System activities as required by the State Library and/or the California Library Services Board.
e. Preparing the annual operating and any special project budget for review and approval of the Council. f. Accounting for all receipts and disbursements for System operations, presenting financial reports, and performing any other fiscal duties determined by the Council and required by law.

4 ARTICLE VII: COMMITTEES AND DUTIES
Sec. 1. Committees shall be formed to serve the needs of Administrative Council. Committees shall be Executive, Nominating standing and special. All committees are subject to the Brown Act and shall be advisory to the Council.

Sec. 2. The Executive Committee shall be a Council committee made up of the officers of the Council plus one atlarge member. The Executive Committee shall consist of the Chairperson, Vice Chairperson, Vice Chair in Waiting, immediate past Chair, and one member of the Administrative Council appointed by the Council at its annual meeting in May.

The Executive Committee shall have primary responsibility to advise the Council and the Executive Director on matters of personnel, finance, long-range planning and also handle matters which cannot await a regular Council meeting. If an Executive Committee member cannot attend a meeting, no substitute shall be sent.

Sec. 3. The Nominating Committee shall consist of three members: the chair, the past chair and an at-large member of the Administrative Council who is does not serve on the Executive Committee. The Past Chair is responsible for selecting the at-large member in March for any year when one or more officer terms is due to expire. The Nominating Committee may also be convened when presented with an unanticipated officer vacancy. For planned biannual officer elections, the Nominating Committee shall identify candidates, share the nominee names with the Council at least 30 days prior to a vote, and conduct a confidential vote through email or other electronic means in sufficient time to present the results at the annual May meeting. Interested candidates may request that the Nominating Committee add their name to the ballot any time prior to the voting notification being sent.

Sec. 4. Additional standing committees may be established to carry on the continuing work of the Council and work under the direction of the Administrative Council.
a. Each Council member appoints one voting member from its library to serve on each standing committee. b. A Councilmember is appointed by the Chair to serve as a committee liaison with the responsibility of assisting the committee with Brown Act compliance and Parliamentary procedures. The liaison also reports on committee business to the Administrative Council at its regularly scheduled meetings.

Sec. 5. Special Committees (also known as “ad hoc” committees) may be established, dissolved and members appointed thereto, by the Chair to perform specific functions of mutual benefit to the System and sector represented. The term of a Special Committee shall be until completion of the assignment for which it was established.

Sec. 6. Interest groups may be established by the Council to foster intrasystem communication on best practices and trends within a specified subject area. Interest groups are not subject to the Brown Act. Council members may appoint one or more staff from its library to serve on each interest group.

ARTICLE VIII: PARLIAMENTARY AUTHORITY
Except as otherwise provided herein and by State law the latest edition of Roberts Rules of Order shall govern the conduct of business at meetings of the Council.

ARTICLE IX: CONFLICTS WITH HIGHER AUTHORITY
Should these Bylaws and Standing Rules conflict with applicable laws of the cooperating jurisdictions or the State of California, those of the higher authority shall prevail.

ARTICLE X: AMENDMENTS
Sec. 1. By Amendment Vote
These Bylaws and Standing Rules may be amended at any regular meeting of the Council by the affirmative vote of two-thirds (2/3) of the System members, provided that written notice stating the proposed amendment has been given to each member at least fourteen (14) days before the meeting.

5 Sec. 2. Automatic Amendment
These Bylaws shall conform to the prevailing governing statutes. Such amendments as may be necessary to affect such conformation shall be automatic.

PART II -STANDING RULES
Sec. 1. Correspondence
The mailing address for the transaction of business and the maintenance of fiscal records of the System shall be:

Inland Library System
c/o Southern California Library Cooperative
254 N. Lake Ave. #874
Pasadena, CA 91101
[email protected]
Sec. 2. Sanctions
Concerns about potential violations of these bylaws or the California Library Services Act should be communicated in written form to the Executive Director who will investigate and report findings to the Executive Committee with recommendations for resolution of the problem. The Executive Committee may appoint a Special Committee for further study, refer the matter to the Council, or answer and resolve the matter.

Sec. 3. Website and Communication
The System shall maintain a website as an access point for shared resources, communication about special programs and services, and general information that the Council deems is important to the member libraries.

Sec. 4. Logo
The official logo of the System shall be that adopted by the Council. Its proper use shall be determined by the Council.

Sec. 5. Resolutions
An official copy of every resolution adopted by the council shall be signed by the Chairperson and Vice-Chair. These shall remain on file at the business office of the System and shall be open to inspection by anyone during business hours. All resolutions shall bear the date of passage and shall be numbered consecutively. Copies of any resolution shall be provided to any member at his request.

Sec. 6. Execution of Documents
Unless so authorized by the Council and except as expressly provided in the System Bylaws, no officer nor other persons shall have any power or authority to bind the System by any contract or to pledge its credit or to render it liable for any purpose or in any amount.

Approved by the ILS Administrative Council April 20, 1979.

Updated by the ILS Administrative Council June 15, 1979.

Updated by the ILS Administrative Council October 1, 1982.

Updated by the ILS Administrative Council November 19, 1982.

Updated by the ILS Administrative Council May 20, 1988.

Updated by the ILS Administrative Council October 27, 1995.

Updated by the ILS Administrative Council March 15, 1996.

Updated by the ILS Administrative Council May 15, 1998.

Updated by the ILS Administrative Council March 17, 2000.

Updated by the ILS Administrative Council March 26, 2004.

Updated by the ILS Administrative Council September 21, 2007.

Updated by the ILS Administrative Council July 6, 2012.

Updated by the ILS Administrative Council September 27, 2018.

Updated by the ILS Administrative Council May 20, 2021

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Deborah Glickman
REQUEST: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH THE RETAIL COACH IN AN AMOUNT NOT TO EXCEED $55,000 FOR RETAIL

MARKET ANALYSIS AND BUSINESS RECRUITMENT SERVICES
RECOMMENDATION:

1. Approve a contract with The Retail Coach for retail market analysis and recruitment services.

2. Authorize the City Attorney to make necessary, non-monetary changes to the agreement.

3. Authorize the City Manager to execute the agreement and all related documents.

BACKGROUND/ANALYSIS:

On March 9, 2023, the City Council adopted the 2023 City Council Goals which included a goal for “Business Recruitment.” The goal is to identify a firm that specializes in business attraction; identifying and recruiting businesses that would be interested in locating in the City. Working with the Economic Development Subcommittee, the goal was further expanded to identify a successful consultant that will provide the following services:
 Expand Palm Desert’s existing retail success by identifying similar/compatible retailers.  Identify and recruit businesses that are more experiential in their offerings (not just retail).  Identify unique retailers to which residents may not have access.

On August 30, 2023, staff released a Request for Proposals (RFP) that closed on September 11, 2023. Three (3) proposals, from the following firms, were received:

Firm Term Year 1 Year 2 Year 3 Total Hotel Study
(Optional)
Total
The Retail
Coach
1- 3
years
$55,000 $40,000 $40,000 $135,000 N/A $135,000
Retail
Strategies
1- 3
years
$45,000 $45,000 $45,000 $135,000 $12,500 $142,500
Wildan 1 year $83,880 $0 $0 $83,880 Up to $25,000 $108,880 All three (3) firms provide similar services that include the following:
 Community demographic profiles
 Community forum
 Conference representation
 Developer matching
 Drive-time market profile
 Marking materials

City of Palm Desert
Retail Consultant

 Peer/Community analysis
 Psychographic profiles
 Reporting
 Retail/Developer contact and liaison
 Retail Matching
In addition to confirming the aforementioned tasks, the proposals were reviewed for the following and scored by staff members from the Economic Development and Public Works Departments.

Firm Score Regional Knowledge/Personnel
Experience
Past/Existing
Clients (sample)
Special Features
The Retail Coach 88 - Worked locally and regionally
- Assigned personnel has 10 years of
experience with the firm
- Beaumont
- Indio
- Murrieta
Online dashboard
of recruitment
efforts
Wildan 77 - Worked in Palm Desert but in a nonretail strategy capacity - Assigned personnel has extensive
experience in economic development
but not retail strategies
- Cudahy
- Hayward
- Pleasanton
Hotel Study
(Optional)
Retail Strategies 70 - Markets worked with are dissimilar to Palm Desert
- Assigned personnel has 5 years of
experience with the company
- Lemoore
- Lompoc
- Palmdale
Hotel Study
(Optional)
After scoring and discussion, staff selected The Retail Coach for its expertise as a firm, relevant experience of assigned personnel, extensive knowledge of the Coachella Valley, and experience with similar market communities throughout the nation and within the Southern California region.

Upon approval, The Retail Coach will grant exclusivity to the City and will not contract with other cities in the Coachella Valley for the duration of the agreement. Throughout the agreement, The Retail Coach will undertake the following actions:
 Perform a gap study to provide the City with a clear understanding of what businesses are missing from its current stock.
 Research and analyze the Palm Desert retail market for leakage and growth opportunities.
 Determine the City’s unique, viable retail market potential.  Identify key retail and restaurant targets that align with the City’s vision of growth.  Recruit target retailers and restaurants through proactive outreach and at industry conferences.
 Guide the City through the recruitment process, including vetting potential targets and assisting with correspondence and meetings with targets.  Represent the City and coordinate meetings with potential businesses at various trade shows including the International Council of Shopping Centers (ICSC).

In conclusion, The Retail Coach's track record, personnel, knowledge of the Coachella Valley market, and commitment to exclusivity make it staff’s top choice. Therefore, staff is requesting

City of Palm Desert
Retail Consultant

approval for a one (1)-year agreement with The Retail Coach, with an option for two (2) one (1) year extensions. The cost of the initial year is $55,000. If the City Council approves two (2) extensions of one (1)-year each, the cost would be $40,000 each for years two (2) and three (3).

Legal Review:

This report has been reviewed by the City Attorney’s office.

Appointed Body Recommendation:

At its meeting on October 16, 2023, the Economic Development Sub-Committee consisting of City Councilmember Harnik and City Councilmember Nestande reviewed and consented with staff’s recommendation of The Retail Coach.

FINANCIAL IMPACT:

The Professional Services Agreement is a one (1)-year agreement in an amount not to exceed $55,000. Funds for this service are available in the Economic Development Department’s Professional Services account (Acct. No. 1104430-4309000).

Staff will return to the City Council at a later date for approval of extensions, if necessary.

ATTACHMENTS:

1. Professional Services Contract

2. The Retail Coach Proposal

Contract No.
1 Revised 10-2023
BBK 72500.00001\32374915.1

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 1st day of December, 2023, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and The Retail Coach, a Limited Liability Company, with its principal place of business at 86 Clark Boulevard, Tupelo, Mississippi 38804 ("Vendor").

The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

The City is a public agency of the State of California and is in need of professional services for the following project:

Retail Market Analysis & Recruitment
(hereinafter referred to as “the Project”).

2.2 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant is duly licensed and has the necessary qualifications to provide such services.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

3.1.2 Term. The term of this Agreement shall be from December 1, 2023, to November 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional terms of one (1) year. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,

Contract No.
2 Revised 10-2023
BBK 72500.00001\32374915.1
directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. 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 be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

The key personnel for performance of this Agreement are as follows: Charles Parker, Project Director, Kelly Cofer, Founder & CEO, Aaron Farmer, President, Caroline Hearnsberger, Recruitment Specialist, Cary Everitt, Recruitment Specialist, and Matthew Lautensack, Director of Research.

3.2.5 City's Representative. The City hereby designates Eric Ceja, Director of Economic Development, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement.

The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Charles Parker, Project Director, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.

Contract No.
3 Revised 10-2023
BBK 72500.00001\32374915.1

3.2.8 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 subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants 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. 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 standard of care provided herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”).

Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and