Agenda packet, regular meeting — Palm Desert City Council, July 11, 2024 (part 6 of 9)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Ryan Lamb, Senior Project Manager, Capital Projects REQUEST: REJECT ALL BIDS, APPROPRIATE FUNDS, AUTHORIZE THE CITY

MANAGER TO AWARD A CONTRACT FOR THE CIVIC CENTER

PARKING LOT REHABILITATION PROJECT IN AN AMOUNT NOT TO
EXCEED $600,000
RECOMMENDATION:

1. Reject all bids due to non-responsiveness.

2. Authorize the Director of Finance to appropriate funds in the amount of $600,000 from unallocated Capital Improvement Fund to Account No. 4004161-5000914.

3. Authorize the City Manager to negotiate and execute an agreement for Civic Center Parking Lot Rehabilitation in the best interest of the City in an amount not to exceed $600,000, including contingency.

4. Authorize the City Manager to review and execute written requests for change orders, amendments, and any other documents necessary to effectuate this action, per Section

3.30.170 B of the Palm Desert Municipal Code.

5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.

BACKGROUND/ANALYSIS:

On February 14, 2023, Egan Civil, Inc., who was under contract for on-call engineering services, was issued a Task Order to evaluate the ADA Parking and associated path of travel at City Hall for deficiencies, and prepare improvement plans and specifications for remediation.

On August 24, 2023, OMINS, Inc., was contracted for professional services to update the City’s current Pavement Management Program (PMP) to include a condition assessment of Cityowned parking lots. The Public Works and Capital Improvement Projects departments provide for development, design, construction, maintenance and management of City-owned facilities.

The Pavement Management Program (PMP) is a useful planning tool utilized in budgeting maintenance strategies, a resource to City Council in Pavement Condition Impact (PCI) rating streets and parking lots, and a database for attribute data of the pavement network.

OMINS, Inc., conducted the City-wide parking lot survey totaling thirty-three (33) locations. A verification of lengths, widths, and area adjustments was calculated. The survey includes distress data based on the Army Corps of Engineering Standards established for MicroPAVER, in accordance with ASTM D6433 (the American Society for Testing Materials Parking Lots 895
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Pavement Condition Index), and budget scenarios prioritizing parking lot repairs by condition and cost analysis.

Request for Bids:

City Staff advertised the City Hall ADA Parking Lot Improvements & Civic Center Parking Lot Slurry project on June 4, 2024, via OpenGov and received one bid by the June 20, 2024, deadline, which was deemed non-responsive due to invalid documentation.

Contractor Location Total Bid
GWC Construction Palm Desert, CA $580,000 (Bid Bond incomplete) Staff bundled the City Hall and Civic Center Parking Lot projects hoping for economy of scale with bidding. Because the bidding was unsuccessful, it is in the best interest of the City for Staff to un-bundle the projects and reach out to vendors for proposals.

The work is planned to take place this Summer when park attendance is lowest. Because Council does not meet again until late August, Staff is requesting City Council authorize the City Manager to execute a contract not to exceed $600,000, including contingency.

Legal Review:

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

FINANCIAL IMPACT:

Funds in the amount of $168,000 were included in the FY 2024-25 CIP Carryover Request in account 1104313-4332000 for the City Hall ADA Parking Lot Improvements project. The Civic Center Parking Lot Rehabilitation was included in the CIP in a future fiscal year, so staff is requesting an appropriation in the current year to Account No. 4004161-5000914 in the amount of $600,000 from unallocated Capital Improvement Funds and will offset that amount in next year’s CIP Program. There is no impact to the General Fund with this action.

Project/Program Account No. Est Costs Budget Request
Civic Center Parking Lot Rehabilitation 4004161-5000914 $600,000 City Hall ADA Parking Lot Improvements 1104313-4332000 $168,000 FY 2024-25 CIP Approved Carryover $168,000
This Request for Appropriation $600,000
Total $768,000 $768,000
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ATTACHMENTS:

1. City Hall ADA Parking Improvement Plans

2. Pages from Citywide Parking Lot Evaluations

3. Civic Center Parking Lot Slurry Area of Work Aerial
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Phase 1
Alternate 2
Alternate 1
Slurry Area of Work Phase 2
Install concrete crossing
(Approx. 400 SF, see
attached)
Remove and replace asphalt
(Approx. 10,000 SF, see
attached)
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Replace
asphalt with
concrete
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Remove and
replace asphalt
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CITY OF PALM DESERT
CITY MANAGER’S OFFICE

INTEROFFICE MEMORANDUM
Date: July 11, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of July 11, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting:

ITEM 2a: STUDY SESSION: IMPERIAL IRRIGATION DISTRICT’S ENERGY INFRASTRUCTURE

PARTNERSHIP
Q1: Regarding the IID substation, is it correct that we will not be liable for the $5 million in bonds, as we will either be reimbursed by other property owners or indirectly through increased sales tax revenue over several years
A1: The City would front the initial cash outlay to get the substation underway and then require payback agreements prior to the landowners developing their properties. The City may be out $1- $3 million over the next decade or two depending on the speed of development. Without the substation, the property owners are frozen out.

ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY

MINUTES
After further review, the City Clerk recommends the approval of the June 27, 2024, City Council Meeting minutes with the following revision:
15a. APPEAL OF THE BUILDING BOARD OF APPEALS DETERMINATION OF THE CHIEF BUILDING OFFICIAL’S APPLICATION OF THE 2022 CALIFORNIA RESIDENTIAL CODE, SECTION R310.1 (EMERGENCY ESCAPE AND RESCUE)
Dylan Guzel, provided closing remarks on behalf of the City, asserted that there are regulations that businesses are required to follow that homeowners do not in order to protect the public; asserted that this action is not considered a regulatory taking as the City stated the room was never intended to be a bedroom, the City did not sell or advertise the unit, and the City upheld the Code at the time of construction.

Dylan Guzel, Deputy City Attorney, provided closing remarks on behalf of the City; pointed out that a vacation rental is a commercial endeavor which is subject to regulations similar to other businesses; noted these regulations are in place for the public health and safety during emergencies; asserted that the County Assessor’s Office statements regarding the number of bedrooms are based on a visual floorplan inspection without comparison to the California Building Codes and pointed out these representatives are not official building inspectors, architects, engineers, or professionals in that capacity; opined that the City’s actions are not a regulatory taking as the City has consistently applied the building code standard that dens cannot be used as a sleeping room and had no role in the advertising or marketing of the property. 925
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Carrie Kropfl, Appellant, provided closing remarks; stated she represents the innocent victims; urged the City prepare a disclosure form for short-term rental operators and renters, and send a cease and desist letter to Monterey Country Club property management.

Carrie Kropfl, Appellant, provided closing remarks; voiced support for allowing potential renters to sign a disclosure form regarding the use of a den as a sleeping room; asserted that other communities have advertised dens attached to an atrium as bedrooms and that Coachella Valley cities need to address false advertising, including the City of Palm Desert issuing a cease and desist letter to the Monterey County Club management; opined that the City’s interpretation will impact not only vacation rental owners but also all properties with a similar floorplan, leading to a reduction of a bedroom and decreased property values.

ITEM 13b: APPROVAL OF WARRANT REGISTERS
Q1: Where is the $13 million coming from to buy the parcels? (Page 43) A1:The sale of the property at Desert Willow (DW) is $4.6 million. That’s the only amount coming from the City. There are a few transactions happening in this one register:

1. The City is buying the property (DW Parking Lot) from the SARDA at Fair Market Value ($4.6M) from our Golf Amenity Fees - Capital Funds (441) with the first wire - #57353787.

2. The 2nd and 3rd wires are a result of staff reaching out to the County due to a stale dated check.

The County of Riverside lost the SARDA check ($4.4M) related to the sale of land from SARDA to Vitalia/Pacific West for affordable housing, so we canceled payment and reissued wire #71465195. The additional $16k, was a separate part of that transaction as well - #71465387.

3. The SARDA then sent the $4.6M proceeds (DW Parking Lot) to the County of Riverside for distribution to the various taxing entities - #72032577.

Ultimately, the City (as a taxing entity) will receive a small apportionment from each of these transactions. Those proceeds are then deposited into the Economic Development Fund upon receipt.

ITEM 13g: ADOPT RESOLUTION OPTING INTO SETTLEMENT AGREEMENT WITH

DISTRIBUTORS OF OPIOIDS, GROCERY CHAIN KROGER, AND FUTURE PROPOSED

OPIOD SETTLEMENTS
Q1: What is the estimated amount that the City is expected to receive from this settlement? A1: Based on the amount awarded to the State of California and our other settlement allocations, an estimate could be around $40,000 disbursed over 11 years. 926
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ITEM 13j: AWARD CONTRACT TO PBK ARCHITECTS, INC., FOR ARCHITECTURAL DESIGN SERVICES OF FIRE STATION 33 AND 71 (CFA00017 & CFA00019) Q1: This item includes the recommendation to demolish and rebuild Station 71. Is this item intended to approve that recommendation? If so, could you provide more information on the following aspects:
a. What is the justification for this recommendation given that a rebuild costs $1,272,905 more than renovation?
b. What is the plan for timing and provision of services during the demolition and rebuild process?
c. How will service disruptions be managed, considering that renovations can be done in stages to minimize disruptions, whereas demolition and rebuild inherently include delays? A1: Staff estimates that the construction will take approximately 12-14 months. The current plan involves setting up temporary housing for both Fire Stations during this period to minimize impacts on response times. We considered moving staff to other Fire Stations and having FS 102 assist with calls from FS 67. However, current trends indicate that assistance from FS 102 to FS 71 will be limited. CalFire Chiefs support the recommendation for temporary housing.

FS 33 has ample space to accommodate a temporary site. However, FS 71 is located on a small parcel, making it impossible to host temporary housing and construction activities simultaneously.

Therefore, staff is exploring nearby city-owned lots for temporary housing, bays, and equipment during construction. The goal is to minimize impacts on response times as much as possible. Staff will continue to adjust this plan as the design progresses.

The renovations will involve the demolition and structural reconfiguration of the building's interior, making it unsafe for Cal Fire staff to work in the building during construction.

ITEM 13k: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND

FACILITIES REPAIRS AND IMPROVEMENT PROJECTS
Q1: What has been the budgeted dollar amount for these CIP projects in previous years? This year's budget is $5.3 million.

A1: Although the on-call facilities maintenance and repair agreements can be utilized to complete task orders for capital projects, staff primarily utilize the agreements to accomplish updates on deferred maintenance or minor repair projects as needed. The budget for these agreements includes both capital and operations funding.

Previous fiscal years’ Park and Facilities CIP project budgets are below:
• Fiscal Year 24/25 $5.3 Million
• Fiscal Year 23/24 $4.0 Million, increased to $5.7
• Fiscal Year 22/23 $3.5 Million
• Fiscal Year 21/22 $2.0 Million
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ITEM 13l: AWARD CONTRACT NO. C47680 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE EL PASEO CURB RAMP MODIFICATION PROJECT (PROJECT CST00025)
Q1: Can you provide the additional cost of undertaking this project as a standalone effort compared to incorporating it into the overall repaving scheduled for 2025? A1: Staff did not anticipate additional costs would be incurred by the City from splitting the project into two phases. The concrete work that will be constructed in Phase I of the project is typically performed by a subcontractor and the prime contractor marks up the subcontractors bid 10-15% to cover administration expenses related to the subcontract. By bidding the concrete work and the asphalt work separately staff expects the markup will be eliminated.

Q2: This item refers to curb and gutter work intended to be completed "in the summer of 2024." As it is now July 10th, could you please provide an updated timetable for this work? Given the current date, is it still feasible to complete the project within the summer timeframe? A2: The project will begin construction by August 1, 2024, and will be completed by September 15, 2024.The intent is to complete the project before the beginning of the busy season.

ITEM 13n: REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT THE

HOUSING AUTHORITY PROPERTIES
Q1: Why did Courtesy Patrol Services decline to renew their contract? A1: The current service provider indicated that they are facing difficulties in securing the necessary insurance coverage, which has been an ongoing issue.

ITEM 13o: REJECT ALL BIDS, APPROPRIATE FUNDS, AUTHORIZE THE CITY MANAGER TO

AWARD A CONTRACT FOR THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $600,000
Q1: is this project for repaving or resealing/slurry?
A1: The entry/exit drive at Fred Waring is a re-pave, while the rest of the parking lot will be repaired as needed and slurry sealed. There is also a crosswalk near the Desert Recreation building that will be replaced with concrete. Please reference the “Area of Work Aerial” for further clarification.

ITEM 13s: APPROVE CONTRACT WITH FEHR & PEERS FOR THE PREPARATION OF A

GENERAL PLAN AMENDMENT TO THE MOBILITY ELEMENT IN AN AMOUNT NOT TO EXCEED $139,076 AND APPROPRIATE FUNDS
Q1: Can the language of the deliverables in Task 6 be revised to align with the broader scope described in the staff report, ensuring it includes collaboration with SunLine Transit Agency for a variety of public transit solutions, not just the evaluation of existing and proposed bus lines?
A1: This action will be included in Task 6 of the Scope of Work found in Exhibit A of the Professional Services Agreement. The formatting and text of the agreement for Task 6 has been revised to add a new bullet point for "Collaboration with SunLine Transit Agency ("STA") for a variety of public transit solutions". This will be in addition to the deliverable item for evaluation of existing and proposed bus lines. Staff has also revised task 3.1 to require collaboration with STA. 928
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ITEM 14d: CONSIDERATION FOR APPROVAL OF A PORTION OF PUBLIC RIGHT-OF-WAY (EXPLORER DRIVE) IS “EXEMPT SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTION 54221
Q1: Is this decision consistent with our previous surplus land/right-of-way decision that we voted on in South Palm Desert a few months ago?
A1: There is a small sliver of property that was missed in the original land sale to Refuge that needs to be addressed. Therefore, this portion of the city right-of-way was not in the City’s Central Inventory. The process will be consistent with the Surplus Land Act (SLA) requirements. Once the SLA process is cleared, the same per square foot charge will be applied to this property as was used in the initial sale.

ITEM 14e: ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND

AGREEMENTS
Q1: Could you provide the zoning rules that applied to the vacant land at the time when the property was developed and homes were sold on the south border of this development? Specifically, what was the maximum allowable height? Additionally, if there have been any changes to these zoning rules, when did they occur?
A1: In October 1995, during the original approval of residential Tract 28258, the vacant land ("Refuge Site") was designated PR-5 (Planned Residential 5 dwelling units/acre). The PR zoning designation allowed buildings up to two-stories with a maximum height of 24', with a minimum setback of 100' from the project perimeter for all two-story, detached, single-family structures.

In June 2012, as a requirement of State Housing Element law, the City approved a change of zone for a 38-acre portion of the Refuge Site from PR-5 to Planned Residential 20 dwelling units per acre (PR-20). The development standards for the PR zoning district did not substantially change until 2017.

In August 2017, as a part of a general plan consistency update, the City approved a change of zone for the entire vacant Refuge Site to PR-20 and amended the PR zoning district to allow threestory buildings with a maximum height to 40'-0", with a minimum setback of 100' from the project perimeter for all two-story, detached, single-family structures. 929
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 11th day of July, 2024, 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 FEHR & PEERS an S Corporation, with its principal place of business at 100 PRINGLE AVENUE, SUITE 600, WALNUT CREEK, CA 94596("Consultant").

The City and Consultant 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:

Amendment of the Palm Desert Mobility (Circulation) Element of the General Plan (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 supply the services for the Project ("Services") as 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.

3.1.2 Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, 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 additional one-year terms. 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, 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 07/11/2024
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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 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 as expeditiously as is required by the Schedule of Services and the standard of care applicable to Consultant’s Services. Upon reasonable 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 in accordance with this Agreement .

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: JASON D. PACK.

3.2.5 City's Representative. The City hereby designates Nick Melloni, Principal Planner, 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 JASON D. PACK, 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.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services exercising that degree of care, skill, and diligence ordinarily exercised by professionals performing similar services in the same or similar locale and under similar circumstances that of Consultant under this Agreement . 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 931
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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 sub-consultants 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 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; (5) pandemics, epidemics or quarantine restrictions; or (6) any other causes beyond the reasonable control of the defaulting or delayed Party. 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 regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 932
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies 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 subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, 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. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 933
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effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall 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 and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement.

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
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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 selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) 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.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide 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.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims 935
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arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) 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.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’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. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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 eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

3.2.12 Water Quality Management and Compliance. Consultant 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 Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

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to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant 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 of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED, AND THIRTY-NINE THOUSAND AND SEVENTY-SIX DOLLARS ($139,076) without written approval of the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, 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.
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for 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 Services.

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and 938
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other information within fifteen (15) days of the request, provided, however, City pays Consultant for its Services performed in accordance with this Agreement.

3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been performed in accordance with this Agreement y, and Consultant shall be entitled to no further compensation.

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

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

Consultant: FEHR & PEERS
3750 UNIVERSITY AVENUE, SUITE 225
RIVERSIDE, CA 92501
ATTN: JASON D. PACK, PRINCIPAL
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Nick Melloni, Development Services Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant 939
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shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 940
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3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.

Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s reasonable choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all reasonable expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.

3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
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3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service 942
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with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND FEHR & PEERS
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:

Isra Shah
Best Best & Krieger LLP
City Attorney
FEHR &PEERS, an S Corporation
By:

Sarah Brandenberg
Vice President
By:

Lysa Wollard
Chief Financial Officer / Treasurer
QC: MN
Insurance:
_________
Initial Review
_________
Final Approval
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EXHIBIT “A”

SCOPE OF SERVICES
The Consultant shall provide full professional services to assist the City of Palm Desert Development Services Staff with an update of the City’s Circulation Element, also known as the Mobility Element of the General Plan.

Task 1: Project Management
Task 1.1: Kick-Off Meeting
The consultant will work with the City’s Project Manager to schedule a project kickoff meeting.

The consultant will prepare a draft agenda to discuss the project schedule and goals, and to confirm the approach to the transportation technical analyses, including travel demand modeling assumptions, roadway network scenarios, and the analysis scenario years. The team will also discuss available data sources and traffic count locations. Additionally, the consultant will discuss contract management and invoicing to ensure timely submittal pf invoices in accordance with City requirements.

Task 1.2: Regular Project Meetings
Recurring monthly meetings will be scheduled between the consultant and City staff to review analyses, deliverables, discuss findings, raise any issues or concerns, and provide an update on next steps.

Task 1.3: Contract Management
The consultant will submit monthly progress reports and invoices. The progress reports will recap work associated with the monthly invoice.

Task 1 Deliverables:

1.Kick-Off Meeting Agenda, including project schedule, data needs, regular status updates/meetings, and invoicing.

2.Monthly check-in calls/meetings (agendas and meeting minutes will be provided).

3.Monthly invoices and progress reports.

Task 2: Existing Conditions
Task 2.1: Data Collection and Review
The consultant’s initial review will include a review of relevant documents including the current General Plan, recent CEQA documents, regional planning documents (such as the Congestion Management Plan (CMP), Regional Transportation Plan (RTP), Area and Specific Plans, documents prepared by CVAG, local transit/active transportation plans, recent traffic impact studies prepared for new development, and any other planning documents that would provide additional information relative to the Circulation Update effort. The purpose of this review is to identify existing data needs and determine which of the previous data collection and mapping efforts can be employed in this analysis.

Task 2.2: Existing Conditions Assessment
Using the data collected in Task 2.1, a background technical report will be prepared documenting existing conditions in the area. This will include a regulatory context summarizing recent legislative requirements the General Plan should consider, existing roadway network classifications, existing and proposed active transportation facilities, transit service, existing truck and rail facilities, and relevant census information such as commute trip information, mode split information, and relative locations of where Palm Desert residents work and vice versa. Key issues and opportunities will be documented in this report. This report will also summarize the Streetlight traffic count data on study roadway segments and will highlight areas where traffic counts have changed significantly since the 2016 assessment was completed. 945
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The consultant will prepare a draft background technical report and submit it to the City for one round of consolidated comments.

Task 2.3: Safety Assessment
The consultant will analyze publicly available collision information to summarize roadway collision trends that will assist in identifying a High Injury Network (HIN) as required by SB 932. This HIN network will be used to supplement and inform policies in this element update. The consultant will also work with the City to better understand and reference the City’s Vision Zero Strategy study.

These findings will be provided in a series of charts that will be included in the existing conditions background technical report.

Task 2.4: Update Travel Demand Model
The consultant will utilize either the latest version of the RIVCOM travel demand model or the previously developed City model for this effort. Next, any proposed changes in land use and the roadway network will be updated in the model. The model will be used to compare the Adopted General Plan Circulation Element and the proposed Circulation Element Update with any associated land use changes.

It is anticipated that this traffic model will be employed for the following purposes:
•Testing roadway network and classification alternatives •Analyzing the level of service at study roadway segments •Forecasting VMT for the City using a couple of different methods. This can be used to better understand how VMT can/should be incorporated into the City’s policy document and to help inform VMT guidelines for the City.

Task 2 Deliverables:

1.List and map of study segments for Streetlight data collection

2.Draft background technical report, including safety assessment

3.Final background technical report, including safety assessment Task 3: Alternatives Development
Task 3.1: Engagement & Coordination
The consultant will meet with City Staff, and other agencies, to review transportation network issues and needs based on existing and expected network operations. This engagement must include collaboration SunLine Transit Agency for a variety of public transit solutions. Additionally, the consultant will hold one council workshop to review current issues and potential opportunities with various stakeholders.

Task 3.2: Roadway Network Alternatives Development
It is anticipated that up to two (2) proposed alternatives will be developed consisting of roadway network, lane, classification, and/or truck routing changes. The updated travel demand model will be used to determine a single preferred roadway network alternative for a future year model. The consultant will discuss with City Staff the appropriate approach to developing forecasts for this effort.

Task 3 Deliverables:

1. Council issues and opportunities workshop materials and attendance

2. Memorandum documenting input from stakeholders, proposed alternatives, and VMT differences for each alternative
Task 4: SB 743 Transportation Impact Assessment Guidelines The consultant shall prepare updated Transportation Study Guidelines that cover both the CEQA requirements under SB 743, as well as the City’s desire to maintain Level of Service (LOS) requirements. The consultant will review the City’s current Transportation Study Guidelines and state requirements provided by the Governor’s Office of Planning and Research. 946
Contract No. C48060
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The consultant will prepare detailed guidelines that explain how to prepare a VMT assessment for screening out projects, as well as how to prepare a VMT analysis for projects that do not screen out. The consultant will also work with City Staff to identify areas of the City where the LOS expectations may need to change. Changes will be incorporated into the Transportation Study Guidelines. Maps will be prepared to identify development locations that screen out of VMT assessment.

Task 4 Deliverables:

1.Draft Transportation Study Guidelines

2.Final Transportation Study Guidelines
Task 5: Roadway Network Recommendations
Task 5.1: Roadway Network Alternatives Modeling
The consultant will model up to two roadway network changes. As part of this exercise, they will calculate the VMT changes associated with the roadway network alternatives.

Task 5.2: Roadway Classifications and Roadway Network Recommendations The consultant will review the results of the alternative roadway network analyses and develop recommendations for altering functional operations and mobility within each roadway classification. These recommendations may consist of changes to roadway classifications or network changes, such as vacating roadway segments, adding or reducing capacity to existing roadways, and/or safety or operational improvements. These changes will consider potential effects on other transportation modes, such as pedestrians, bicyclists, and public transit. The consultant will also review existing truck routes and recommend changes to support industrial development and goods movement. Changes will also include a review of roadway cross-sections to ensure consistency within the General Plan (e.g. consistency with the area plans within the document) and consistency with other planning documents in the City (like the ATP).

Task 5 Deliverables:

1.Draft Technical Memorandum recommending changes to roadway classifications and/or the City roadway network

2.VMT modeling showing change in VMT

3. Present proposed changes (a PowerPoint presentation and present at one (1) meeting)

Based on recommendations provided in Task 5 and discussions with City Staff, the consultant will develop an initial set of transportation policies related to various items for incorporating into the Circulation Element Update, including but not limited to:
•VMT transportation impacts
•Level of Service (LOS)
•Maximum allowable roadway cross sections
•Consistency with other state laws (e.g. SB 330, SB 35) •Coachella Valley Passenger Rail Service
•Transit System including an evaluation of existing and proposed transit lines •Collaboration with SunLine Transit Agency for a variety of public transit solutions •Transportation Demand Management (TDM)
•Safety and Vision Zero Strategies
•Emergency Evacuation Routes
These policy changes will address changes in state law, specifically AB 1358 (Complete Streets requirement), SB 932 (Safe Systems and Vision Zero Approach requirement), SB 743, and SB 330 (clarifying roadway improvement requirements for new housing developments). 947
Contract No. C48060
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The consultant will develop the initial policies and present these policies to City Staff for review.

The consultant will combine the information developed in the previous tasks into a comprehensive Circulation Element (including text, graphics, and policies). An implementation matrix will also be prepared to align action steps with added and edited policies.

Task 6 Deliverables:
1Draft Circulation Element Update and Implementation Matrix

2.Final Circulation Element Update Implementation Matrix Task 7: CEQA
The focus of the project will be to update the Circulation Element of the General Plan to create better guidance on meeting Vehicle Miles Travelled (VMT) reductions, improve safety by incorporating Vision Zero, and review of the policies to ensure they meet the needs of the City.

The project consultant shall prepare the necessary documentation to ensure compliance with the California Environmental Quality Act (CEQA). The Consultant shall prepare necessary steps for compliance with Senate Bill-18 Tribal Consultation. Completion of the SB 18 process is needed prior to acting on the project.

This scope does not include:
•Public distribution of document
•Attendance at public hearings
•Copies
•Filing fees
•Technical studies (i.e. traffic, AQ, GHG, Noise)
Task 7 Deliverables:

1.Administrative Draft and Public Draft Addendum, SB-18 Tribal Consultation Letters, Notice of Determination, Notice of Completion.
948
Contract No. C48060
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "B"

SCHEDULE OF SERVICES
(SEE FOLLOWING PAGE)
949
Contract No. C48060
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "C"

Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Thomas Soule, Public Affairs Manager
REQUEST: AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT

WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS
IMPROVEMENT DISTRICT MARKETING SERVICES TO $275,000 FOR FISCAL YEAR 2024-25
RECOMMENDATION:

1. Authorize Amendment No. 4 to El Paseo Parking and Business Improvement District (EPPBID) contract C43370 with FG Creative in the amount of $275,000 for Fiscal Year 2024-25.

2. Authorize the City Manager to execute the Amendment.

BACKGROUND/ANALYSIS:

The EPPBID hired FG Creative through a competitive bidding process for a three-year contract that began July 1, 2022. FY 2024-25 is the third year of this agreement. Each year, the contract is amended to reflect the approved budget amount for the current fiscal year, which is based on projected EPPBID revenues for the year. The FY 2024-25 EPPBID Budget of $275,000 was approved by the City Council at its regular meeting on June 27, 2024.

Legal Review:

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

Appointed Body Recommendation:

At a special meeting on June 19, 2024, the EPPBID Board of Directors approved its annual budget of $275,000 for FY 2024-25.

FINANCIAL IMPACT:

Funds are available in the EPPBID Fiscal Year 2024-25 budget. There is no financial impact on the General Fund with this action.

ATTACHMENTS:

1. Contract No. C43370

2. Amendment No. 1 to Contract No. C43370

3. Amendment No. 2 to Contract No. C43370

4. Amendment No. 3 to Contract No. C43370

5. Amendment No. 4 to Contract No. C43370
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Contract No. C43370

CITY OF PALM DESERT
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO MARKETING SERVICES CONTRACT No. C43370
This AMENDMENT (“Amendment”) to the FG Creative Professional Consultant Services Agreement for Marketing Services No. C43370 is made as of May 11, 2023 (“Effective Date”) by and between the CITY OF PALM DESERT, a municipal corporation organized under the laws of the State of California, having a principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, (the "Authority") and FG Creative, Inc., a California Corporation with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties.”

RECITALS
A. The City of Palm Desert is a municipal corporation organized under the laws of the State of California.

B. The Consultant is engaged in the business of providing professional marketing consulting services to public clients and has represented to the City that the Contractor is experienced and competent in said business.

C. The City and Consultant desire to enter into this Amendment to the Agreement.

D. The Parties entered into that certain Professional Consultant Services Agreement for Marketing Services Contract No. C43370, by and between the City of Palm Desert and FG Creative, Inc., dated June 23, 2022 (“Contract”), which was effective on July 1, 2022.

NOW, THEREFORE, the Parties agree to amend the Contract as follows:

Section 3.6.A Compensation shall be amended to read: “Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Ninety Thousand Dollars ($290,000.00) without written approval of the City Council or City Manager, as applicable.”
All other terms of the Contract to remain unchanged and in full force and effect.

DocuSign Envelope ID: 4837D720-67C4-41A7-9AA7-D8052DBD4A19 979
Contract No. C43370
IN WITNESS THEREOF, the Parties have executed this Amendment on the date first above written.

CITY OF PALM DESERT FG CREATIVE, INC.

By: ____________________________ By: __________________________ L. Todd Hileman Stephanie Greene
City Manager Principal
Attest:

Anthony J. Mejia
City Clerk
Approved as to Form:
______________________________
Best, Best, & Krieger LLP
City Attorney
QC: MN
INSURANCE:

INITIAL REVIEW

FINAL REVIEW
DocuSign Envelope ID: 4837D720-67C4-41A7-9AA7-D8052DBD4A19 980
Contract No. C43370

7. EXHIBIT “C”

7.1 COMPENSATION
The CITY's budget for advertising and publicizing the EPPBID's facilities, services and events is established as part of the CITY's fiscal year budget for the period of July 1, 2022 - June 30, 2023, at $290,000. The CITY reserves the right, at any time during the term or any extension thereof, to adjust the amount budgeted for advertising and promotion services. Prior to performing any services or furnishing any material contemplated by this Contract to be undertaken and furnished by FG CREATIVE, the CITY or its designee, after conferring with FG CREATIVE, shall authorize the services rendered and materials to be furnished, the agreed compensation to be paid for their services, the manner of payment (lump sum or periodic progress payments), the description and estimate of reimbursable expense, and such other matters as may be deemed proper. Subject to the limitations and provisions set forth in this section, the CITY shall compensate and reimburse FG CREATIVE as follows:
 The CITY will pay FG CREATIVE a flat fee of $3,500 per month to cover advertising services in accordance with the proposal presented by FG CREATIVE as attached in the Addendum to the EPPBID and/or any marketing mutually agreed to by the parties hereto.

The fee covers not less than 40 hours per month; such services include, but are not limited to, meetings, account planning and service, production management, media planning and buying, and clerical.
 FG CREATIVE will purchase media at the lowest rate available. All billings will be submitted at net costs for payment by the CITY. FG CREATIVE will not markup billings or receive commissions.
 FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each invoice shall contain, in reasonable detail, the projects and services worked on and rendered with supporting documentation of reimbursable costs and expenses. Payment and reimbursements provided for in this in Section 4 will be made in due course by the City of Palm Desert.
 FG CREATIVE shall keep full and accurate books of account and records and other pertinent data in accordance with generally accepted accounting principles reflecting all transactions contemplated by this Contract.

7.2 RENEWAL
In the event that this Agreement is renewed pursuant to the Section titled "Term," the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA DocuSign Envelope ID: 4837D720-67C4-41A7-9AA7-D8052DBD4A19 981
982
Contract No. C43370

Page 1 of 4 ends

BBK 72500.00001\32445060.1
AMENDMENT NO. 2 TO THE PROFESSIONAL CONSULTANT SERVICES

AGREEMENT FOR MARKETING SERVICES

BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE

1. Parties and Date.

This Amendment No 2 to the PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR MARKETING SERVICES is made and entered into as of this 24th day of August 2023, by and between the City of Palm Desert (“City”) and FG Creative, a Corporation, with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Agreement. The City and FG Creative have entered into an agreement entitled “Professional Consultant Services Agreement for Marketing Services” dated June 23, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of FG Creative to provide Marketing Services.

2.2 Amendment. The City and FG Creative entered into that Amendment No. 1 to increase compensation during the period of July 1, 2022 through June 30, 2023.

2.3 Amendment. The City and FG Creative desire to amend the Agreement to establish compensation for the second year of the contract. The Parties have heretofore entered into that Amendment No. 1 dated May 11, 2023.

2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section

3.9 (N) Amendment; Modification of the Agreement.

3. Terms.

3.1 3.6.A Compensation is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) without the written approval of the City Council or City Manager, as applicable.

3.2 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit C” attached hereto and incorporated herein by reference.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that DocuSign Envelope ID: 4A3B2A92-D07C-410F-B5B8-C21A1996D9B0 983
Contract No. C43370

Page 2 of 4 ends

BBK 72500.00001\32445060.1
they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together, shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 4A3B2A92-D07C-410F-B5B8-C21A1996D9B0 984
Contract No. C43370

Page 3 of 4 ends

BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF

PALM DESERT AND FG CREATIVE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Professional Consultant Services Agreement for Marketing Services as of 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

FG CREATIVE, A CORPORATION
By:

Its: CEO
Printed Name: Stephanie Greene
By:

Its: CFO
Printed Name: Stephanie Greene
QC: MN
Insurance:
_____
Initial Review
_____
Final Approval
DocuSign Envelope ID: 4A3B2A92-D07C-410F-B5B8-C21A1996D9B0 985
Contract No. C43370

Page 4 of 4 ends

BBK 72500.00001\32445060.1

7. EXHIBIT “C”

7.1 COMPENSATION
 The CITY's budget for advertising and publicizing the EPPBID's facilities, services, and events is established as part of the CITY's fiscal year budget for the period of July 1, 2023 - June 30, 2024, at $250,000. The CITY reserves the right, at any time during the term or any extension thereof, to adjust the amount budgeted for advertising and promotion services. Prior to performing any services or furnishing any material contemplated by this Contract to be undertaken and furnished by FG CREATIVE, the CITY or its designee, after conferring with FG CREATIVE, shall authorize the services rendered and materials to be furnished, the agreed compensation to be paid for their services, the manner of payment (lump sum or periodic progress payments), the description and estimate of reimbursable expense, and such other matters as may be deemed proper. Subject to the limitations and provisions set forth in this section, the CITY shall compensate and reimburse FG CREATIVE as follows:
 The CITY will pay FG CREATIVE a flat fee of $3,250 per month to cover advertising services in accordance with the proposal presented by FG CREATIVE as attached in the Addendum to the EPPBID and/or any marketing mutually agreed to by the parties hereto. The fee covers not less than 40 hours per month; such services include, but are not limited to, meetings, account planning and service, production management, media planning and buying, and clerical.
 FG CREATIVE will purchase media at the lowest rate available. All billings will be submitted at net costs for payment by the CITY. FG CREATIVE will not markup billings or receive commissions.
 FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each invoice shall contain, in reasonable detail, the projects and services worked on and rendered with supporting documentation of reimbursable costs and expenses. Payment and reimbursements provided for in this in Section 4 will be made in due course by the City of Palm Desert.
 FG CREATIVE shall keep full and accurate books of account and records and other pertinent data in accordance with generally accepted accounting principles reflecting all transactions contemplated by this Contract.

DocuSign Envelope ID: 4A3B2A92-D07C-410F-B5B8-C21A1996D9B0 986
Contract No. C43370

Page 1 of 3 ends

BBK 72500.00001\32445060.1
AMENDMENT NO. 3 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT, C43370 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM

DESERT AND FG CREATIVE

1. Parties and Date.

This Amendment No. 3 to the made and entered into as of this 28th day of March 2024, by and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor").

The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.2 Amendment. The City and FG Creative entered into that Amendment No. 1 to increase compensation during the period of July 1, 2022 through June 30, 2023. The Parties have heretofore entered into Amendment No. 1 dated May 11, 2023

2.3 Amendment. The City and FG Creative entered into Amendment 2. to establish compensation for the second year of the contract, July 1, 2023 through June 30, 2024. The Parties have heretofore entered into Amendment No. 2 dated August 24, 2023.

2.4 Amendment. The City and FG Creative desire to amend the Agreement to increase compensation for second year of contract, July 1, 2023 through June 30, 2024.

2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section

3.9(N) Amendment; Modification of the Agreement.

3. Terms.

3.1 Section 3.6.A Compensation. Section 3.6.A of the Agreement is hereby amended in its entirety to read as follows:
"NOW, THEREFORE, the Parties agree to amend the
Contract as follows:"
Section 3.6.A Compensation shall be amended to read: “Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Sixty-Five Thousand Dollars ($265,000.00) without written approval of the City Council or City Manager, as applicable.”
987
Contract No. C43370

Page 2 of 3 ends

BBK 72500.00001\32445060.1

3.2 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit C” attached hereto and incorporated herein by reference.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
988
Contract No. C43370

Page 3 of 3 ends

BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF

PALM DESERT AND FG CREATIVE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Professional Consultant Services Agreement for Marketing Services as of 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:

Isra Shah
Best Best & Krieger LLP
City Attorney
FG CREATIVE, a Corporation
By:

Its: CEO
Printed Name:

By:

Its: CFO
Printed Name:

QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
989
990
Contract No. ___________

Page 1 of 4 ends

BBK 72500.00001\32445060.1
AMENDMENT NO. 4 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT, C43370 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND FG

CREATIVE

1. Parties and Date.

This Amendment No. 4 to the made and entered into as of this 11th day of July 2024, by and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.2 Amendment. The City and FG Creative entered into Amendment No. 1 to increase compensation during the period of July 1, 2022 through June 30, 2023. The Parties have heretofore entered into Amendment No. 1 dated May 11, 2023

2.3 Amendment. The City and FG Creative entered into Amendment No. 2 to establish compensation for the second year of the contract, July 1, 2023 through June 30, 2024. The Parties have heretofore entered into Amendment No. 2 dated August 24, 2023.

2.4 Amendment. The City and FG Creative entered into Amendment No. 3 to increase compensation for the period of July 1, 2023 through June 30, 2024. The Parties have heretofore entered into Amendment No. 3 dated March 11, 2024.

2.5 Amendment. The City and FG Creative desire to amend the Agreement to establish compensation for the third year of the contract, July 1, 2024 through June 30, 2025.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section

3.9 (N) Amendment; Modification of the Agreement.

3. Terms.

3.1 3.6.A Compensation is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Seventy-Five Thousand Dollars ($275,000) without the written approval of the City Council or City Manager, as applicable.

3.2 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit C” attached hereto and incorporated herein by reference.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, 991
Contract No. ___________

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BBK 72500.00001\32445060.1
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.5 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
992
Contract No. ___________

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BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF

PALM DESERT AND FG CREATIVE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 to the Professional Consultant Services Agreement for Marketing Services as of 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:

Isra Shah
Best Best & Krieger LLP
City Attorney
FG CREATIVE, a Corporation
By:

Stephanie Greene
CEO
By:

Stephanie Greene
CEO
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
993
Contract No. ___________

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BBK 72500.00001\32445060.1

7. EXHIBIT “C”

7.1 COMPENSATION
The CITY's budget for advertising and publicizing the EPPBID's facilities, services, and events is established as part of the CITY's fiscal year budget for the period of July 1, 2024 - June 30, 2025, at $275,000. The CITY reserves the right, at any time during the term or any extension thereof, to adjust the amount budgeted for advertising and promotion services. Prior to performing any services or furnishing any material contemplated by this Contract to be undertaken and furnished by FG CREATIVE, the CITY or its designee, after conferring with FG CREATIVE, shall authorize the services rendered and materials to be furnished, the agreed compensation to be paid for their services, the manner of payment (lump sum or periodic progress payments), the description and estimate of reimbursable expense, and such other matters as may be deemed proper. Subject to the limitations and provisions set forth in this section, the CITY shall compensate and reimburse FG CREATIVE as follows:
• The CITY will pay FG CREATIVE a flat fee of $3,350 per month to cover advertising services in accordance with the proposal presented by FG CREATIVE as attached in the Addendum to the EPPBID and/or any marketing mutually agreed to by the parties hereto. The fee covers not less than 40 hours per month; such services include, but are not limited to, meetings, account planning and service, production management, media planning and buying, and clerical.
• FG CREATIVE will purchase media at the lowest rate available. All billings will be submitted at net costs for payment by the CITY. FG CREATIVE will not markup billings or receive commissions.
• FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each invoice shall contain, in reasonable detail, the projects and services worked on and rendered with supporting documentation of reimbursable costs and expenses. Payment and reimbursements provided for in this in Section 4 will be made in due course by the City of Palm Desert.
• FG CREATIVE shall keep full and accurate books of account and records and other pertinent data in accordance with generally accepted accounting principles reflecting all transactions contemplated by this Contract.

Fees $ 44,250
Branding $ 43,500
Advertising $ 104,400
Merchant Support $ 40,050
Community
Partnerships $ 3,800
Activations/Events $ 39,000
$ 275,000

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Neal Ennis, Project Manager
REQUEST: AWARD CONTRACT C47850 IN AN AMOUNT NOT TO EXCEED $964,728 TO HR GREEN, INC., FOR ENGINEERING SERVICES FOR THE STORM DRAIN INFRASTRUCTURE ASSESSMENT (PROJECT NO.

CDR00006)
RECOMMENDATION:

1. Award Contract to HR Green, Inc., of Palm Desert, CA in an amount not to exceed $964,728, for preliminary assessment, maintenance contractor oversight, and final assessment and reporting associated with year one of the program.

2. Authorize Director of Finance to set aside a 15% contingency in the amount of $144,709 for any unforeseen conditions.

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

4. Authorize the City Manager to review and approve written contract amendment requests to use up to the contingency amount, per Section 3.30.170B of the municipal code.

5. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.

BACKGROUND/ANALYSIS:

As a critical component of the built environment of the City, stormwater systems are vital to prevent flooding, nuisance water accumulation, street closures, property damage, and in extreme weather events, states of emergency. Drainage facilities must be regularly inspected and cleaned. Catch basins can sometimes trap sediments and other solid materials and/or debris that might otherwise clog a storm drain and cause flooding. The regular removal of trapped sediment and debris from these facilities reduces the likelihood of these impacts occurring, minimizes contamination in receiving waters, and satisfies some of the requirements of the City’s National Pollutant Discharge Eliminations System (NPDES) Permit.

Staff and contractors have been diligent in their efforts with the annual Catch Basin Cleaning Program. Staff recommends improving the efforts, by continuing the annual Catch Basin Cleaning Program and implementing the Storm Water and Drainage Infrastructure Assessment, within the City of Palm Desert. The City’s storm system generally performs well under normal rainfall events, but the operation of the system can be challenged during flash flooding that can occur in the desert, thereby necessitating a comprehensive evaluation and consolidation of the storm drain infrastructure data for maintenance and future design of improvements. 995
City of Palm Desert
Award Contract C47850 to HR Green, Inc., for the Storm Drain Infrastructure Assessment

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Since 2001, the City has used stormwater funds to comply with the municipal separate storm water systems (MS4) regulatory requirements, utilized capital funds for the development of drainage and floodplain improvements, and is now seeking to perform an overall stormwater infrastructure assessment. The goal is to create a condition report and database of all existing facilities for improved emergency responses to future significant flood events, as well as provide a tool for future management, maintenance, and improvements of the system. The Stormwater Infrastructure Assessment will be broken into the following phases:
 Phase 1 – Preliminary Assessment
o Research Records
o Preliminary Mapping
o Reconnaissance/Surveying
o Video Inspections
 Phase 2 – Maintenance Contractor Oversight
o Field Observations
 Phase 3 – Final Assessment and Report
o Final Mapping
o Report Preparation
o Maintenance Program
The project was advertised for proposals through the City’s bid management portal OpenGov and on May 20th, 2024, one proposal was received electronically.

Contractor Location Bid Amount
HR Green, Inc. Palm Desert, CA $964,728
HR Green, Inc. submitted the sole responsive proposal in an amount not to exceed $964,728.

Staff reviewed the proposal documents, and all the requirements in the request for proposal were met. HR Green has performed well for the City on previous projects, so there is no concern about the lack of competition in pricing as in the development of this project a cost estimate was prepared, and HR Green’s pricing was within 5% of the engineers estimate.

Project Description:

HR Green will review and extract storm water information from existing City records in both GIS electronic files and field observations. Cleaning and video inspections will be conducted and incorporated in the final assessment report. The maintenance program will be included as part of the Final Assessment and Report to be provided by HR Green, Inc.

Legal Review:

This report has been reviewed by the City Attorney’s office. 996
City of Palm Desert
Award Contract C47850 to HR Green, Inc., for the Storm Drain Infrastructure Assessment

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FINANCIAL IMPACT:

The Stormwater and Drainage Infrastructure Assessment is being funded through Measure A Funds and included as part of the approved FY 2024-25 Annual Budget and CIP Program. There is no impact to the General Fund.

Project Funding Source FY 24/25 Budget
Storm Drain Infrastructure Assessment 2134370-4400100 $3,360,000 ATTACHMENTS:

1. HR Green Proposal

2. Contract C47850
997
998
MAY 20, 2024
City of Palm Desert

PROPOSAL FOR
Storm Water and Drainage Infrastructure Assessment, Engineering Services - CDR00006
Tim Jonasson, PE
44651 Village Court I Suite 123
Palm Desert, CA 92260
Phone 760.262.4311 Direct 760.250.6722
[email protected]
999
May 20, 2024
Melanie Ramirez, Senior Management Analyst
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Re: Storm Water and Drainage Infrastructure Assessment, Engineering Services (CDR00006) Dear Melanie and Other Selection Committee Members,
Since its incorporation in1973 the City of Palm Desert has been actively mitigating the impacts of flooding particularly from late summer storms that are intense in nature dumping up to a year’s worth of precipitation in minutes overwhelming storm systems designed for more measured rain events. From Hurricane Kathleen in September 1976 to Hurricane Hillary in August 2023 the city has had to be prepared for storm cells that randomly settle over different parts of the city or inundate the local mountains which quickly transmit the runoff to the valley floor. From there storm drain systems and retention basins are often no match if they have not been properly designed or maintained causing major back ups and flooding of public and private property.

In order to provide flood protection for the next 50 years, the City of Palm Desert requires an experienced civil engineering consultant with knowledge of flood patterns common to the City and the Coachella Valley. This knowledge will be valuable in providing an inventory and assessment of the current state of the City’s flood protection system, analysis of potential capital improvements to improve flood response in the future, as well as, assistance in hiring and overseeing a contractor to return the existing system to full capacity. HR Green, with its unique combination of understanding of local flood patterns and desert storm water design, as well as its previous work reviewing the impacts to Palm Desert from Hurricane Hillary, is just such a firm.

Our Differentiators:

XSince 2021, HR Green has provided city engineer and engineering support services to Palm Desert.

Our proposed Project Manager, Tim Jonasson, PE, served as the interim Public Works Director for Palm Desert in 2018 after serving as Design and Development Director and Public Works Director/City Engineer for the City of La Quinta for 15 years. Tim led La Quinta’s response to the summer flooding that occurred in 2013 and 2014 that resulted in the flood protection improvements recently completed by the City.

XProven Design Team - HR Green has provided similar services with the design and now construction of the City’s Section 29 Basin Expansion Project. We are familiar with your design standards eliminating ramp up time to get your stormwater improvements underway.

XLocal construction oversight - HR Green’s proposed Construction Manager, India Woodruff from NV5, will provide full time inspection and oversight of the city’s contractors for any repair and clean up work. She is supported by a local inspection team the city has worked with in the past that are available 24/7 to meet the city’s needs
XHR Green’s subconsultant support - HR Green proposes Houston and Harris, a company the city is familiar with, for video inspection and storm drain cleaning. In coordination with our in-house geospacial team will provide an accurate depiction of the current state of the city’s storm drain system.

XHR Green is a full-service civil engineering firm - We provide full engineering support for your projects from inception to reviews and approvals to inspection and ultimately City acceptance.  HRGREEN.COM
 44651 Village Court | Suite 123
Palm Desert, CA 92260
Main 760.262.4317 + Fax 713.965.0044
HR Green® | Building Communities. Improving Lives.
1000
EXECUTIVE SUMMARY – OUR APPROACH TO ACCOMPLISH THE WORK: Our Project Manager, Tim Jonasson, PE, will be the primary day-to-day contact for this contract, overseeing both phases of the work, approving the design of any improvements and attending meetings as needed. Tim will be responsible for overall contract administration, HR Green staffing and subconsultant oversight for all services under this contract. Steve Loriso, PE will be the Assistant Project Manager responsible for overall quality control and Tim’s back-up should he be needed.

INDIVIDUAL AUTHORIZED TO NEGOTIATE CONTRACT TERMS & COMPENSATION:

George Wentz, PE | Vice President | 44-651 Village Court, Suite 125, Palm Desert, CA 92260 I gwentz@ hrgreen.com I Office 855.900.4742
Tim Hartnett | President | 1391 Corporate Drive, Suite 203, McHenry, IL 60050 I [email protected] I Office 815.759.8328
We look forward to continuing to build our relationship with the City of Palm Desert providing public works engineering support services to the community that exceed your expectations.

Sincerely,
HR GREEN PACIFIC, INC.

Timothy Jonasson, PE George A. Wentz, PE Timothy J. Hartnett Project Manager Vice President President
 Melanie Ramirez

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May 20, 2024
HR Green® | Building Communities. Improving Lives.
1001
Table of Contents
Previous to this Page Cover Letter
1 Experience and Technical Competence
Background
Specialized Expertise and References
14 Firm Staffing and Key Personnel
Staffing
Key Personnel (Team Resumes provided separately per the RFP) Team Organization
Subcontractors
22 Proposed Method to Accomplish Work
Work Plan
Delivery Schedule
Attachment A 4.8 Changes to Agreement
Submitted Separately 4.2 Fee Proposal

4.10 Project Team Resumes
1002
Experience and Technical
Competence
1003

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Experience and Technical Competence
We Understand Palm Desert
and the Coachella Valley
HR Green brings significant project experience on numerous types of projects; decades of project management experience and client satisfaction from several municipalities in the Coachella Valley and in nearby communities throughout
Riverside County.

XOur Proposed City Engineer / Program Manager, Tim Jonasson, PE, is currently working with the City of Palm Desert on:
▪ Project Management and On-Call Engineering Services
▪ Building and Civil Plan Check Services
▪ Analysis of Section 29 Drainage Basin Project
▪ Traffic Signal Modifications and Hardware Upgrades
XProject experience with FEMA floodplain review (Palm Desert and La Quinta).

XMulti-faceted consulting services to a majority of Coachella Valley agencies, including the cities of Palm Desert, La Quinta, Rancho Mirage, Cathedral City, Desert Hot Springs, and the Coachella Valley Association of Governments (CVAG).

XProgram Manager has served as the City of La Quinta’s
former Public Works Director and as a twice-President of APWA’s Coachella Valley Chapter, working extensively with CVAG and cities to drive regional collaboration. Proposed staff members (and subcontractors) have worked with Palm Desert and are long-standing Coachella Valley residents.

XAvailable bilingual team members (English/Spanish).

XLong-term relationships with proposed subconsultants.

Asset Management Expertise
The use of accurate asset management programs within
municipalities is becoming more widespread, however,
only the most progressive organizations are seeking to
incorporate a comprehensive management tool for their
stormwater enterprise system. The magnitude of this project shall not be underestimated. The team that we assembled for data collection and analysis consists of our trained GIS professionals, asset plan architects and stormwater experts from across the company as well as an honest, customer
service focused contractor. Palm Desert is in a unique position to bolster their GIS system with invaluable information and tools that can be used to increase efficient and effective stormwater system management going forward. This
would include the development of programmed operation & maintenance, rehabilitation, and capital improvement solutions as well as fine-tuning routine maintenance schedules that more efficiently utilizes staff time.

Recognized as a Great Place
to Work®-certified company
ZHR Green has
continued to climb
the rankings on
Engineering News
Record’s (ENR) annual
lists of top design
firms in the nation,
coming in at 173.

Background
Founded in 1913, HR Green ranks among ENR’s Top
500 Design Firms (#173 in 2022) in the United States.

The firm is an employee-owned corporation with 700+
employees nationwide and more than 60 in our two
California offices. Our Coachella Valley office, located in the City of Palm Desert, will serve as our home for
this contract.

Several staff members live in the Coachella Valley and
are only minutes away from Palm Desert. HR Green staff
is able to provide fast, responsive services to the City’s needs. Our local staff members also have a broad range of public works engineering, construction management, and
construction experience. To demonstrate our commitment
to the City and our understanding of your specific needs, we have selected key team members to make them
available to your project.

We understand the importance of meeting your
schedule and will assign the staff necessary to meet our commitment. In addition to our management team, HR
Green has a deep bench of additional staffing resources, if needed. HR Green selects our team for each project based on individual staff members’ specific experience and
knowledge, as well as their availability.

HR Green has received numerous awards
throughout the U.S. for consulting services. Among
others, the firm was recognized with the Premier
Award for Client Satisfaction from PSMJ
Resources, Inc.
1004

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Geospatial Services
Land surveying, GIS mapping, data collection, or field observations are often the crucial first step to any project. HR Green’s geospatial professionals have a keen eye for detail and keep your project goals front of mind while adapting as required by site conditions.

With every project, our goal is to focus on your project needs, while providing accurate and detailed data. Whether its road alignment staking, topographic survey work, asset inventory, right-of-way and boundary surveying, site documentation, Unmanned Aerial Systems (UAS), or 3D laser scanning, our technology and service are aligned to your project needs.

We coordinate with project teams and assist design professionals in providing the right data.

With ongoing training, certifications, and years of experience, we strive to deliver high-quality services and often serve as an extension of your staff. From simple to complex, we pride ourselves in delivering critical information in a format that serves the end user.

We collaborate with our clients from
project inception to successful
completion, always seeking value driven
solutions to your project needs.
1005

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert

GEOSPATIAL SERVICES
XGeographic Information System (GIS)
GIS as an essential tool for managing information
and establishing a data-driven basis for intelligent
planning and decision-making. Beginning with field data collection, data conversion, and analysis - GIS layers
data in an accessible and meaningful way. Professional
GIS deliverables like map books, database reports,
and web mapping applications engage our clients
directly. Additionally, our team can assist with training, inspections, or needs assessments.

XSurvey + Mapping
Surveying is oftentimes a crucial first step in defining and beginning your next project. Our data collection
is compatible with Microstation, AutoCAD and ESRI
ArcGIS, and we are pre-qualified to provide Land
and Route survey services. From ROWs, utility
mapping, topographic mapping, construction staking,
to boundaries and easements, platting for land
development, and Land Title Surveys, HR Green is able
to provide survey services through licensed professional land surveyors in Illinois, Iowa, Indiana, Minnesota,
Missouri, and Wisconsin. Additionally, we provide
3D Laser scanning services, making hard to reach
structures or dangerous areas accessible.

XsUAS (Drone)
HR Green’s FAA licensed pilots are highly trained to
abide by all FAA regulations as well as monitor safety, trespassing and privacy issues. In addition, HR Green’s high-end equipment and cameras can provide imagery
and elevation data. High-quality imagery that can
assist with corridor design and construction progress,
pavement evaluations, mapping, and detailed beforeand-after site photos.

XAsset Management
Careful asset management is a critical component of the successful operation of any community. Asset locations
are married with the attribute information necessary to assess needs and plan improvements. The databases
that serve as the foundation for these GIS solutions
are based on industry standards, further informed by
HR Green’s professional expertise in engineering and
planning, and tailored to the unique demands of our
clients.

Top-of-the-line hardware solutions are available, but
so are solutions that take advantage of less expensive
technology that may already be on hand like smart
phones and tablets.

In some cases, your available staff may play a central
role in the asset inventory effort, while in others,
experienced HR Green field personnel are the right
choice for completing high-quality jobs on-schedule.

No two communities are alike. HR Green embraces
these differences by offering “solution scalability”
– flexible asset management solutions to meet your
project needs.

Geographic Information Systems
(GIS) is an invaluable tool for
inventorying and managing municipal
assets while also providing a
defensible, scientific basis for wellinformed capital improvement planning.
1006

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert HR Green’s Successful Relationship with the City of Palm Desert HR Green’s proposed team members, as well as our
subconsultants, have worked together on numerous similar projects across Southern California, including some in
Palm Desert, bringing synergy and efficiency to the City.

Since 2018, HR Green has provided a broad array of
consulting services, beginning with serving as Interim
Public Works Director to manage the City’s day-to-day
departmental operations. This included the planning,
design, and construction of CIP and land development
projects. Thereafter, in 2021 HR Green was contracted
for On-Call Support Services for Development Services
and Public Works. To date responsibilities have
included capacity analysis and design of the Section
29 Basin which provides regional stormwater retention
for commercial and residential development between
Monterey Avenue and Cook Street. Concurrent with this
design HR Green was asked to review flood impacts
from Hurricane Hilary and analyze preliminary mitigation measures along the Mid-Valley Channel alignment. HR
Green also provided engineering support for staff’s
presentations to city council and residents.

CONSTRUCTION MANAGEMENT AND INSPECTION

FOR ALESSANDRO DRIVE IMPROVEMENTS PHASE II
The City’s Strategic Plan focuses on providing a safer, more efficient and reliable transportation system for
residents and visitors. The construction of improvements to Alessandro Drive is also consistent with the Strategic Plan’s goal to revitalize the Highway 111 corridor.

Following the design updates for street improvements
along the Alessandro West corridor, the City selected HR Green to provide construction management and inspection services for the second phase of the project (Monterey
Avenue and Las Palmas Avenue), which has included a
complete rehabilitation of the street section, drainage improvements, as well as a temporary parking area to
the north of the street. Specific aspects of construction have involved: traffic control; dust and water control; saw cutting; removal of asphalt concrete, concrete
improvements, and base material; clearing and grubbing; installing HDPE storm drain system; constructing road
base material, asphalt concrete pavement, curb, curb and gutter, cross gutter, and ADA curb ramps; signing and
striping; and adjusting manholes and valves to grade.

OTHER HR GREEN SERVICES FOR CITY OF PALM
DESERT
▪ Building and Engineering Plan Check
▪ Private Development Project Entitlement
▪ Staff Augmentation
▪ Traffic Operations
▪ City Engineer and City Surveyor
ANALYSIS OF SECTION 29 DRAINAGE BASIN

PROJECT
HR Green conducted a desktop analysis for the City of
Palm Desert to understand the history of the Section 29 Drainage Basin, understand future project impacts to the basin, and analyze the adequacy of the existing regional stormwater retention facility for a contributing basin
approximately 519 acres in size.

The analysis investigated potential sources of discrepancy including changes in design guidance, changes in rainfall intensities, onsite storage requirements, land use, and errors in past calculations, among other factors.

Once sources of potential error were identified, an overall basin analysis was conducted to determine the additional volume that would be required to be retained to be in
compliance with current regulations and design criteria.

After investigating the current basin design, an alternatives analysis was presented to the City to address the need
for additional retention volume. The analysis eliminated alternatives that are either high risk, cost prohibitive, 1007

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert schedule prohibitive, or generally unfeasible based on
progress of current development projects.

The anticipated alternatives included existing retention basin expansion, infiltration vaults, individual undeveloped parcel retention, stormwater drainage wells, integration of stormwater retention with adjacent development, over excavation and import of high-infiltration soils, and adding a supplemental retention basin on other City property.

Each alternative was evaluated by providing a cost-benefit analysis, life cycle analysis, drainage emergency overflow analysis, rough order of magnitude (ROM) cost estimate
on a per unit basis, and additional information required to complete preliminary design.
1008

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Legend
l Firm Experience
l Personal Staff Experience

UNPARALLELED COACHELLA VALLEY AND SOUTHERN CALIFORNIA EXPERIENCE

REPRESENTATIVE AGENCIES SERVED
Firm ExperiencePersonal ExperiencePermit ProcessingEngineering Plan ReviewMap ReviewLand Development CoordinationBuilding Plan Review / AdministrationCity Engineer and/or City SurveyorProject / Program ManagementAccessibility / ADA DesignDesign ManagementPS&E PreparationBid / Construction SupportTechnology Implementation / Electronic ReviewStaff AugmentationBroadband Consulting / Policy DevelopmentTraffic EngineeringTraffic Operations / ITSRoadwaysBridges / InterchangesWet UtilitiesDry UtilitiesDrainage/Asset ManagementBuilding FacilitiesVirtual City / Electronic Plan Check City of Palm Desert l l l l l l l l l l l l l l l l l l l l l l l City of Rancho Mirage l l l l l l l l l l l l
City of La Quinta l l l l l l l l l l l l l l l l l l l l l l l l City of Coachella l l l l
City of Desert Hot Springs l l l l l l l l l
CVAG l l l l l
City of Indio l l l l l l l l l l l
City of Cathedral City l l l l l l l l l l l l l l l l
City of Beaumont l l l l l l l l l l l l l l l
City of Banning l l l l l l l
City of Moreno Valley l l l l l l l l l l l l l l l l l l City of Hemet l l l l l l l l l l l l l l l l l l l l l l City of Victorville l l l l l l l l l l
City of Eastvale l l l l l l l l
City of Hesperia l l l l l l l l l
City of Redlands l l l l l
City of Jurupa Valley l l l l l l l l l l l l l l l l l l l l l l l l City of Corona l l l l l l l l l l
Elsinore Valley Municipal Water District l l l l l l l l l l City of Lancaster l l l l l l l l l
City of Upland l l l l l l l l l l l
City of Malibu l l l l l
City of Pomona l l l l l l l l l l l l l l l l l l l l l l City of Palos Verdes Estates l l l l l l l l l l l l l l l l l l l l l l Southern California Association of Governments l l l
County of Orange l l l l l l l l l l l l l l l
County of Los Angeles l l l l l l l l l l l l l
Imperial County l l l l l l l l
City of Claremont l l l l l l l l l l
City of Placentia l l l l l l l l l l l l l l l l l l l l l l City of Anaheim l l l l l l l l l l l l l l l l
City of Lake Elsinore l l l l l l l l l l l l l l l l l l l l City of Diamond Bar l l l l l l l l l l l l l l l l l l l City of Rancho Cucamonga l l l l l l l l l l l l l l l l l l l City of La Canada Flintridge l

SERVICES PROVIDED TYPES OF PROJECTS
“HR Green has been successful performing City Engineering, project support, plan checking, and development reviews for the City of Hemet. The firm brings a business sensibility to engineering management, working closely with our staff to streamline and assist our processes. Further, HR Green is an ideal fit for combining experience with value by reducing the amount of paper, time, travel, and costs.” Chris Lopez
Former City Manager, City of Hemet
1009

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Specialized Experience
HR Green’s GIS solutions marry the location of assets and attribute information necessary to assess needs and plan improvements. The snapshot below showcases our experience with asset management in Stormwater, Wastewater, Water, Fiber, and other corridor assets. # ASSETS

ASSET TYPE
Client/Project Data
Conversion
Field Data
Collection
Asset
Condition
Assessment
CIP Cost
Analysis
Jurupa Valley (CA) NPDES Compliance 12,000 • •
Palos Verdes Estates (CA) Catch Basin Data
Collection 600 • • •
Jefferson County (MO) Public Works
Department
569 • •
St. Louis (MO) Metropolitan Sanitary Sewer
District 300 • • •
Northwestern University (IL) Campus Site
Survey 5,433 • •
Minneapolis (MN) Annual Sewer Assessment 650 • • •
Thornton (CO) Property Maintenance Code
Compliance 982 • •
IADOT Ankeny (IA) Corridor Assets 411 • •
Liberty (TX) Sanitary Assets 2,400 • • • • •
Iteris (IA) ITS Master Plan 550 • •
Anamosa (IA) GIS Annual Asset Service Plan 5,900 • • •
Oskaloosa (IA) Wastewater & Stormwater
Infrastructure 5,700 • • •
Palo (IA) Annual Asset Service Plan 3,000 • •
Central City (IA) Water Asset Management 1,700 • •
Rock Island Arsenal (IL) Waste Treatment Plant
Design 4,100 • •
Keota ( IA) Sewer System Modeling 180 • • •
Indianola (IA) Sanitary Sewer Manhole
Assessment 1,700 • • • • •
Walker (IA) Sanitary Sewer & Water Utilities
Asset Data Collection & GIS Implementation 600 • • •
Blanco (TX) Sanitary Sewer Assessment 250 • • • • •
Portland (OR) Data Collection 68,000 •
John Deere (Ottumwa) Utility Replacement 1,200 • • • •
1010

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert References

REFERENCE
Rod Butler
City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
P: 951.332.6464
E: [email protected]
Geographic Information Systems
City of Jurupa Valley, California
CHALLENGES: For 10+ years, the City of Jurupa Valley has called upon HR Green to develop custom GIS solutions to meet a variety of municipal needs. These solutions have included database development, web application design, and field asset inventories that support a wide range of municipal services including stormwater inlet inspections, commercial and industrial stormwater inspections, pavement management, street sign and traffic signal inventories, permitting, and code enforcement. Based on HR Green’s extensive track record of delivering reliable and innovative GIS solutions to asset management challenges, the City of Jurupa Valley chose HR Green to implement a comprehensive web mapping platform integrating all City departments in 2019.

SOLUTIONS: HR Green developed a GIS database based on industry standard design that accommodates the data necessary to manage the City’s community data. This included data compilation, developing ArcGIS Online map applications that provide agency staff with access to their GIS
data in both the office and
the field (these applications
include GIS functionality
that not only allows users to
view community assets, but
also provides the ability to
enter searches, make edits,
and perform analysis), and
training on the new ArcGIS
Online site.
“The City of Jurupa Valley continues
to be very pleased with the services
that we are receiving from HR
Green. The firm provides highly
competent and experienced staff at
reasonable hourly rates. Being able
to supplement our internal team
with well-managed contract staff
makes us all the more effective
in serving our residents and the
development community.”
Rod Butler, City Manager,
City of Jurupa Valley

DATES PERFORMED
2011-Ongoing
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert

REFERENCE
Ken Rukavina, PE
Public Works Director/City
Engineer (Retired)
City of Palos Verde Estates
340 Palos Verdes Dr. West
Palos Verdes Estates, CA
90274
P: 310.544.5228
E: [email protected]

DATES PERFORMED
2015-Ongoing
Geographic Information Systems
City of Palos Verdes Estates, California
CHALLENGE: Since 2015, HR Green has provided full staffing services, including, but not limited to city engineering, development management, and building and safety administration. For a number of years, City officials had expressed an interest in conducting an inventory of trees adjacent to private property, which was last done in 1999. That inventory was flawed and never maintained. The responsibility for designing a tree inventory program would include tree type, location, and history.

SOLUTION: Our GIS team programmed a mobile data collection app called Collector for ArcGIS, allowing field staff to capture data on mobile devices. All data is synced in real-time and can be accessed by anyone with login rights. When cell coverage is not available, the data is stored in the device and then automatically uploaded when service is restored. Data includes tree species, height, diameter, photos, and any noted maintenance that is required. In the event of a fallen tree or large branch, a team member can go out to the location and upload photos so that work order decisions can be made real-time.

BENEFIT: Most notably, we deployed a catch basin asset inventory and cleaning application, along with a database based on City requirements that included metadata to collect a GPS location of each catch basin. This allows information gathered on the asset such as condition, dimensions, material, photos, etc. to assist the City in installing full capture devices into their stormwater network. A GIS application was also created for City staff and their cleaning contractors to record a cleaning record on each catch basin to report how much accumulated litter was removed from each asset and what types of litter it was composed of, such as, man-made or organic materials.

HR Green has also established an extensive database and several datasets for the City based on their existing data and other industry standards to be used through a browser or mobile technology to view and edit their GIS data. HR Green serves as the GIS Administrator of their ArcGIS Online platform and assist with customization and user accounts. We assist with printing plotter maps for the City based on their needs, and also obtain and maintain publicly available GIS data for use on their ArcGIS Online platform. “HR Green has provided a
wide scope of resources,
shown initiative to optimize a
customer-centric service model,
a capacity to identify and
implement recommendations,
leveraged new technologies
to streamline operational
efficiencies, and a strong
commitment and ability to meet
the City’s expectations.”
Ken Rukavina, PE
Former Acting City Manager/
Public Works Director/
City Engineer, City of Palos
Verdes Estates (Retired)
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert

REFERENCE
John Angerstein
City Administrator
City of Crockett
200 N. 5th Street
Crockett, TX 75835
P: 936.544.5156
E: angersteinj@crocketttexas.
org
Geographic Information System
City of Crockett, Texas
Challenges: The City of Crockett needed a comprehensive Geographic Information System (GIS) database to help them transition from their current paper map system to a fully digital system that would quickly and easily integrate with the website. In 2019, the City selected HR Green to assist with this process.

Solutions: By developing an asset management web mapping system, HR Green helped the City of Crockett capitalize on a number of efficiencies possible with GIS. In addition, we provided training of City staff, on-call technical support, and as-needed system maintenance processes.

Benefits: HR Green provided the setup of a comprehensive GIS database structure to accommodate data for water distribution, sanitary sewer, and stormwater system assets.

We brought GIS Administration of the City’s ArcGIS Online platform and accompanying website integration for City staff to access utility mapping content, and provided training of City staff, on-call technical support, and as-needed system maintenance processes.

This included the transfer of existing infrastructure data from paper maps to GIS, and the development of web mapping applications for the City to use in the office and the field. IN addition, we helped create hard copy wall mount maps.
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert

REFERENCE
Jared Keenan
Water Resource Recovery
Superintendent
City of Indianola
10939 Grimes Street
Indianola, IA
P: 515-961-9416
Sanitary Sewer Collection
Indianola, Iowa
CHALLENGE: Sanitary sewer issues such as collection and conveyance, capacity, management, operations, wet weather system impacts, maintenance and expansion created a need for a holistic analysis providing clear and quantifiable solutions for the City of Indianola.

It was decided in August 2013 that a hydraulic model of the City’s sanitary system was necessary to integrate rainfall impacts with existing sanitary sewer flows to provide Indianola with the information needed to make informed infrastructure decisions. In order to create this model, however, a comprehensive data collection effort for the entire City’s sanitary system was necessary.

SOLUTION: This inventory, consisting predominantly of manhole inspections, involved not only collecting high-accuracy locations and depths on system assets but also collecting additional attributes such as asset sizes, materials, and condition ratings. All of this data was collected in the field using mobile GIS/GPS technology including custom collection forms built to maximize efficiency and minimize user error. This field data was synced daily with a project GIS database designed both to accommodate the field data and the subsequent analysis outputs from the SewerGEMS modeling software.

BENEFIT: HR Green set an ambitious schedule for the GIS development and asset inventory field work to avoid delays due to winter weather, allow sufficient time for conducting the hydraulic analysis, and to be as responsive as possible to the needs of the client. Existing GIS databases and mobile applications were leveraged to hasten development efforts and field work commenced less than a week after the contract was approved. Despite delays due to weather, City support staff availability that only allowed for a single crew at any given time, and challenges locating assets that were in many cases buried, sealed shut, or tucked in overgrown or otherwise difficult settings, the City’s 1600+ manholes were inventoried in less than three months. This allowed hydraulic modeling to commence in December 2013. While an updated GIS for the City’s sanitary system was not the primary purpose for this project, the asset inventory GIS should be a significant value-added deliverable that Indianola can use to aid in operations and in prioritizing system improvements going forward.

PROJECT COSTS
Engineering Fee: $122,000

COMPLETION DATE
2014

KEY FEATURES
XGIS database of City’s
sanitary system developed.

XMobile GIS integrated with
GIS database.

XAsset inventory completed
for City’s manholes.

XProject completed under
tight time frame.
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert

DATES PERFORMED
2021 - Ongoing

REFERENCE
Ryan Gayler
Project Manager
City of Palm Desert
73-510 Fred Waring Drive Palm
Desert, CA 92260
P: 760.346.0611
E: [email protected]
Section 29 Retention Basin Alternative Analysis
City of Palm Desert, California
Challenge: The City of Palm Desert contracted HR Green to complete a study of existing documents for the adequacy of their retention basin southwest of Highway 10/Sonny Bono Memorial Freeway, near Portola Avenue and Dinah Shore Dr. The report considered existing plans, documents, land uses, projected uses, and water runoff within the City of Palm Desert Benefit Assessment District No. 1 (“Section 29 Basin”) to determine the adequacy to detain onsite flows. The study identified whether the current Section 29 retention basin capacity is adequate for retaining onsite flows attributed to the development of the Section 29 Basin consistent with the intent of the Resolution that established the City of Palm Desert Benefit Assessment District No. 1 to pay for the maintenance and servicing of the existing Section 29 retention basin and facilities.

Solution: An alternative analysis was presented after investigating the current pond design to address the need for additional retention volume. The analysis eliminated alternatives that were either high-risk, cost-prohibitive, schedule-prohibitive, or generally unfeasible based on the progress of current development projects. The anticipated alternatives included expanding the existing retention pond, installing infiltration vaults, using individual undeveloped parcels for retention, creating stormwater drainage wells, integrating stormwater retention with adjacent development, over-excavating and importing high-infiltration soils, and adding a supplemental retention pond on other city property. Each alternative was evaluated by providing a cost-benefit analysis, life cycle analysis, drainage emergency overflow analysis, rough order of magnitude (ROM) cost estimate on a per-unit basis, and additional information required to complete preliminary design.

Benefits: The ultimate solution was to provide a supplemental retention pond on the adjacent park property. By selecting this alternative, the City can decrease the time associated with renegotiating easements and land acquisition. The City’s Parks department has conceptual ideas for the park site, but by combining efforts, we laid out a retention basin design that has duel-use purposes for a future park and retention basin. A two-tier system was designed to reduce sediment transport to the larger section of retention basin that will also be used as a soccer field. Walking paths are integrated into the design to benefit the surrounding residents. The retention pond provides much-needed flood attenuation for the surrounding areas where development is rapidly occurring, protecting citizens during flood events. This project is currently under construction. 1015
Firm Staffing and Key Personnel
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Firm Staffing and Key Personnel
Staffing, Key Personnel and Team Organization
HR Green’s key personnel provide a combination of local knowledge, successful track record, and technical thought leadership to proactively meet and/or exceed your needs. We have assigned approximately 13 Key Personnel to provide services on this critical project for the City.

GIS Database Analysis /
Development
Task Lead/Group Manager - Mike Liska, GISP l
GIS Specialist - Emily Carney, GISP l
Tim Jonasson, PE l
Project Manager
Steve Loriso, PE, QSD/QSP l
Asst. Project Manager
QA/QC
George A. Wentz, PE l
Principal-in-Charge
City of Palm Desert
LEGEND
l HR Green Key Personnel
l NV5 Key Personnel
l Houston and Harris Subconsultant
CCTV / Asset Cleaning
Task Lead - Houston and Harris NASSCO
Certified Personnel l
Up to 700+ Additional Staff Available Nationally As Needed Per the RFP, biographies of our key personnel have been provided as a separate document.

Engineering Services
Task Lead - Chase Keys, PE l
* Indicates certified in a different state.

Water / Drainage Services
Task Lead - Greg Panza, PE* l
Construction Management &
Inspection
Task Lead / Construction Manager - India Woodruff l
Construction Technician - Gary Petersen, CCM l
Sr. Construction Inspector - Joe Axtell l
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Subcontractors
HR Green is pleased to continue to work with the following subcontractors to provide high-quality services to the City of Palm Desert.

NV5 - Construction Management
NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 70 years, delivering solutions through six business verticals:

Testing, Inspection and Consulting; Infrastructure; Utility Services; Environmental Health Sciences; Buildings and
Program Management; and Geospatial Technology. With
more than 100 offices nationwide and abroad, NV5 has
access to over 4,000 employees in a variety of fields who help clients plan, design, build, test, certify and operate projects that improve the communities where we work.

NV5’s team specializes in the project management,
engineering design, survey, plan check, construction
management and inspection of capital improvement
projects, including: streets, traffic systems, water
and wastewater systems, dry utilities, drainage and
flood control, parks and recreational facilities, vertical construction, and landscaping and grading. Their team
includes licensed civil engineers, licensed contractors, construction managers, certified inspectors and
experienced public works professionals. All team members have extensive experience working within the structure of municipal government and public construction policy and will seamlessly integrate with the City’s team.

Houston and Harris - CCTV / Asset Cleaning
Houston & Harris PCS, Inc. was established in June 1988, starting as a partnership and incorporating in 2002 for the purpose of providing quality video pipe inspection and hydro-washing of sewer, storm drain and water lines to
private contractors, engineering firms, municipalities and other government agencies. Including 3rd generation in
our 35 years of existence, their staff of 25, of which one third plus have been in place for 16 to 30 years, provides combined industry experience and working relationships
enabling a cohesive team to handle all our client’s needs.

With 14 NASSCO certified employees, possessing a
combined 140+ years of CCTV experience, and 9 pipeline
assessment vehicles, Houston & Harris possesses the
skill, experience and equipment to handle any situation that may arise during the course of this project. Recent projects in both Riverside and San Bernardino County as well as the surrounding areas have kept the Houston &
Harris staff’s abilities sharp, ensuring the capability to tackle out of the ordinary situations with confidence and competence. The administrative team has considerable
experience in securing permits with various city
departments and associated agencies such as Caltrans.

Their video equipment consists of both Subsite Electronics and Envirosight camera systems. The expansive arsenal
of camera and transporter combinations ensures they will always have the correct tool for the job.

Should cleaning services be requested, Houston & Harris PCS, Inc. owns and operates six Vactor 2100 Series
Combination Cleaning Units and one Vactor Ramjet for
hydro-cleaning, debris removal and Hydro-excavating
projects. Two of those units are equipped with specialized recycling equipment allowing the truck to recycle collected sewer water to continue cleaning, minimizing the need
for the use of potable water. Vactor combination units
have 9-YD and 12-YD debris tanks, Recycler units have
15-YD debris tanks along with both classes having Positive Displacement Blowers. All hydro-cleaning units have the capabilities of 80 GPM at 2500 PSI. Units can be equipped with specialized nozzles, chain flails, root saws, and flex hose for remote access or hydro-excavation attachments to handle any situation, which the client might require. Eight trained operators with a combined experience of over 120 years ensures the highest efficacy of cleaning available. In the event of an SSO, any member of this experienced team can make informed and independent decisions on the best course of action to remedy the spill quickly.

With 35 years’ experience in the wastewater & public
works industry, we remain committed to the continued
high quality of services we’ve always provided our clients; assuring their satisfaction.
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Proposed Method to Accomplish
the Work
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Proposed Method to Accomplish the Work
The HR Green project approach will demonstrate our
expertise in stormwater management and engineering
as well as the application of GIS solutions for the City of Palm Desert.

PROJECT UNDERSTANDING
Since incorporating in 1973, the City of Palm Desert has experienced rapid commercial and residential development that included many public and private storm drains being added to its flood control system. In addition the city “inherited” several regional retention and detention facilities, stormwater channels and other facilities built by CVWD
and Riverside County. This system generally performs well under normal rainfall events but is a challenge to operate during flash flooding that can occur in the desert thereby necessitating a comprehensive evaluation and consolidation of the city’s storm drain data for maintenance and future design of improvements. Since 2001, the City has used stormwater utility funds to comply with municipal separate storm sewer (MS4) regulatory requirements, utilized capital funds for the development of drainage and floodplain improvements, and is now seeking to perform an overall stormwater infrastructure assessment. The goal is to create a condition report and database of all existing facilities for improved emergency response to future flood events, similar Hurricane Hillary, as well as to provide a tool for future management and
improvement of the system. The stormwater infrastructure assessment will be broken down into the following tasks:

Project Management
▪ Preliminary Assessment - Phase 1
▪ Research Records
▪ Preliminary Mapping
▪ Reconnaissance / Surveying
▪ Video Inspections
▪ Update Mapping and Bid Document Preparation
▪ Bidding Assistance
▪ Maintenance Contractor Oversight - Phase 2
▪ Management
▪ Field Observations
▪ Final Assessment and Report - Phase 3
▪ Final Mapping
▪ Report Preparation
▪ Maintenance Program
The techniques available today, allow for relatively
straightforward use of ArcGIS asset information as well as the use of innovative alternative and scenario planning tools. These tools will give the City, for its’ stormwater Infrastructure, the ability to efficiently assess, visualize and ultimately adopt various infrastructure management and
implementation plans.

The analysis and planning is built upon the capability to (1) produce a highly organized database of system assets that includes complete asset identification, location, and characterization, and (2) provide risk ranking of assets based on condition, criticality, and service life.

KEY PROJECT SUCCESS FACTORS
In the following sections of our proposal, we have outlined our approach to meet the City’s intended scope for this project.

However, more than meeting the scope, the value HR Green will bring to this project is through leadership. We will guide the City every step of the way bringing ideas based on our experience and combined team expertise. We believe that the following factors, if executed correctly, will lead to project success.

Collaboration & Project Management:

The scope of magnitude of this project
is significant. Incorrect sequencing,
i.e., “putting the cart before the horse”
approach can create mismanaged
expectations and project outcomes.

HR Green will collaborate with the City
and guide you every step of the way,
with a step by step approach. We will
provide efficient project management
by suggesting smaller step milestones so City is engaged in every step of the process. Frequent communication
and updates, collaboration with various City departments, GIS plays a critical behind-the-scenes role, offering
data organization and analysis that help deliver
services more efficiently and comprehensively.
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert capturing institutional knowledge early in the project, and providing interim deliverables for City’s review will ensure project success.

Visioning & Planning:

Ahead of the any field activities, it will be important that HR Green complete a thorough review of the City’s existing database system. This will ensure streamlined data collection, database set up, and less likelihood of reverse tracking on the approach. That said, we understand that this project will require some flexibility as we go. However, the more we can plan, discuss, collaborate and create a vision for this project in early stages of the project, the better managed the project will be to meet project budget and schedule.

Execution:

Effective execution is a key success
factor. HR Green’s execution strategy
includes frequent coordination and
collaboration with the City, providing
monthly progress report, and quarterly
progress meetings. In fact, we feel,
during early stages of the project, more
frequent progress meetings may be
necessary with City staff and identified stakeholders. We will lead and manage project meetings and prepare agendas and meeting minutes. We will request that all City departments that have oversight and stake in the project attend the kickoff meeting and periodic progress meetings. Another aspect of the execution is managing good public relations and other agency coordination. Since CCTV work and field inspections will require work within public right-of-way as well as on private properties, providing adequate notification will reduce calls to the City. HR Green will apply for and obtain necessary permit and coordinate traffic control approvals from relevant agencies when necessary, including Caltrans. We understand the importance of not only having a great strategy for the development of this project but also its effective execution.

PROJECT ASSUMPTIONS
HR Green’s standard GIS database design (which includes all required attributes listed in the RFP) and mobile GIS form design, will be used to develop the GIS Database. HR Green will define the tabular GIS database structure and establish the valid feature values, attribute ranges, and classifications for use in attribute “pick-lists.” HR Green will coordinate with the City to create the desired feature values, default values, attribute ranges, and “pick- list” classifications.

HR Green will import the City’s existing GIS database as long as it has a defined spatial reference. HR Green will perform georeferencing and digitizing of city maps based on previous GIS electronic files provided by the City as part of the data migration into the GIS database under this scope of services.

The following assumptions on storm water system asset totals was made for the sake of putting together the fee for this proposal:
▪ Storm Catch Basins and related pipes, manholes, and
junction structures – 980 assets.
▪ A contract amendment for any additional catch basins
and related pipes, manholes and junction structures
over 980 assets will be negotiated with the City for all Phases of this RFP.
▪ HR Green will assume 80 hours of field mapping to
supplement the provided GIS mapping. Any additional
required field mapping will be negotiated with the
City. Effort will be made to locate each visible storm
water asset within a reasonable time frame. Assets
that cannot be located within a reasonable time frame
will be noted and the inventory will proceed to the next asset to be respective of budget and project schedule.

HR Green will coordinate with the City regarding the
assets that were not located in the field and utilize
CCTV data to locate the structure.
▪ If confined space entry is required for the 80 hours
of Reconnaissance/Surveying, this will be completed
using a 3D remote sensing laser scanner and imaging
rover on accessible stormwater manholes and
stormwater catch basins.
▪ If the stormwater pipe is larger than 36” in diameter, an amendment may be required for use of alternative
equipment and possible personnel confined space
entry.

PROJECT APPROACH
Our team is committed to delivering
solutions that meet the City’s
expectations and goals for this project.

We want to draw upon the institutional
knowledge of the City’s operation and
maintenance staff, understand the
way City currently manages its data to
enhance the City’s existing database
and functionality, and more importantly
is manageable in the long term by the City staff.

PERFORMANCE
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert

PROJECT MANAGEMENT
Upon receipt of the Notice to Proceed, a project kick-off meeting will be held to provide an opportunity for the HR Green team and City Staff to discuss the goals of the City and the project requirements. Minutes of this and all subsequent meetings will be prepared documenting subjects discussed, decisions made, along with action items and their responsible party. Progress meetings will be held biweekly to discuss project progress, compare cost estimates with available budgets, and to obtain City feedback/approval on progress made. Progress reports will be prepared within three days after the meeting indicating action items and completion schedule for review by City staff.

Deliverables
▪ Meetings Agendas and Minutes
▪ Monthly Progress Reports
▪ Invoicing
▪ General Project and Stakeholder Coordination
PHASE 1 - PRELIMINARY ASSESSMENT
HR Green will develop a GIS database by building upon the existing Palm Desert Stormwater GIS attributes to improve the efficiencies of data collection and GIS integration. Our schedule assumes the Preliminary Mapping progress allows for accurate planning of the Reconnaissance/Survey and Video Inspection tasks to minimize additional trips/mobilization and more efficient completion of our tasks. The HR Green GIS database will be based on ESRI industry-standard design that will accommodate elements required by the RFP and the other data necessary to manage the City of Palm Desert’s stormwater system. The anticipated tasks include:
▪ HR Green will review and extract stormwater
information from the provided City records.
▪ HR Green will perform preliminary mapping using
provided City stormwater infrastructure records and
GIS electronic files.
▪ HR Green will perform 80 hours of reconnaissance/
surveying to for systems that inadequate data is
available. HR Green may utilize terrestrial LIDAR to
collect accessible structure information.
▪ Video Inspections.
▪ HR Green will utilize the city’s existing stormwater GIS database for data.
▪ HR Green will hold meetings with City Staff to
discuss the database schema for organizing the asset
information and inspection data. The database will
utilize existing City schema and essential inspection
attributes needed for condition or other assessment
rating criteria.
▪ HR Green will develop the GIS database based on
industry standards. More specifically, this includes
ESRI data models, condition assessment required
fields, and the expertise of HR Green GIS specialists
and engineers.
▪ HR Green will develop a GIS database structure that
will accommodate the necessary spatial features,
tabular data fields required by the RFP for the
management of the City’s Stormwater system.
▪ HR Green will utilize the existing City GIS database
horizontal coordinate system of California State Plane
coordinate system VI FIPS 0406 (US Survey Feet)
NAD83 (NSRS 2011). This format is the most accurate
projection currently available for centimeter-grade GIS data collection using an appropriate real-time Global
Navigation Satellite System (GNSS) Reference Network
for the State of California.
▪ HR Green will design the City GIS database to include the following asset classes for the City’s stormwater
system: Stormwater pipes, inlets, catch basins,
manholes, outlets/outfalls, treatment facilities (e.g.
detention basins).
▪ HR Green will design the GIS database to include
numerous data quality fields in each point asset class.

When collecting 0.1-foot accuracy GPS locations using
HR Green-designed Field Maps application, these data
fields will populate automatically, providing a useful
record of the inspection date of these assets and
accuracy of their locations in GIS.
▪ HR Green will work with the City to determine if a
related table for all the inspections is needed or if the City would prefer to include all inspection data in the asset feature class.
▪ A digital photo of each asset surface location and
down photo will be linked to each asset when a field
inspection is done.
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Sample Stormwater Dashboard
Video Inspections
As directed by the City, HR Green’s subconsultant, Houston and Harris PCS, will perform cleaning and video inspections of up to five miles of city storm drain to determine system conditions. Houston and Harris will also provide e-copies of videos together with video logs defining system conditions and pipeline data (e.g. pipe size, length, and grade). HR Green’s engineers will rate system conditions using the city’s rating scale below which shall be provided in a search database allowing statistical analysis of the ratings.

Bid Document Preparation & Bidding Assistance
Using the data collected in Phase 1 HR Green will update the mapping of the storm drain system for the City’s review. Data will include all attributes collected during the 80 hours of reconnaissance and 5 miles of video detection as discussed above. Once the city has reviewed the updated mapping HR Green will prepare bid documents for the highest priority storm drain sections as identified by the city using City approved bid document templates. The bid documents will include updated mapping, cleaning and sediment removal specifications,
performance schedule requirements, fully detailed special provisions and bid item descriptions and all applicable city standards and contract requirements for publicly bid projects.

Once the bid documents are approved for advertisement, HR Green will provide bidding assistance including responding to RFIs, any necessary addenda preparation, review of
bid proposals and contractor qualifications including state license status. HR Green will prepare staff reports and recommendation of award for the City Council’s consideration.

HR Green will also prepare the award of contract letter based on the City Council’s action.

PHASE 2 - MAINTENANCE CONTRACTOR OVERSIGHT
Construction Management Support
Under the direction of our Project Manager, our Construction Manager will work directly with the City’s system cleaning contractor to make sure all requirements developed in Phase 1 are understood and adhered to, that milestones are met, and that the completed project is as specified in the contract documents. HR Green staff takes care of all the supporting paperwork related to the construction contract, inspection records and daily reports are up to date and ultimately part of a project report at the conclusion of the work. HR Green will review and record requests for information or clarification (ie, RFIs and RFCs) and progress payments, verifying that work was done in accordance with requests. All progress payments will include a monthly status report including updated project schedule with a catch up plan if the project falls behind schedule. Any adjustments in quantities and or change order requests will be prepared for the city’s review with as much notice as possible to prevent delaying the contractor from completing the project. In closing the contract, we make certain the work is complete, including documentation of proper disposal of any debris removed from the system,
before final invoices are paid. HR Green will also monitor the contractor’s compliance with bonding, insurance and labor requirements and regulations and that all warranties are honored. Our staff uses a Construction Management Plan
(CMP) to manage projects. This project-specific plan serves as a guideline for the execution of all construction-related activities. The purpose of the plan is to facilitate smooth coordination and communication among parties involved,
including the designers and the City staff, and to establish protocols for effective execution of the project requirements.

The CMP is prepared immediately after our mobilization and updated continually as a project matures.

Field Observations
HR Green will provide inspection staff to verify daily work completed by the City’s Contractor, safety compliance,
progressing in compliance with the contract documents,
and collection of storm drain system data. Our inspector will document all construction activities including providing digital photographs and daily field reports including location of the activity, number of workers present, construction equipment used, consultant staff present, weather conditions, and project progress. Our team will also provide a rating of system conditions using the City’s given below. The final database shall be computerized and provide a searchable means of statistically analyzing the ratings collected.
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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert All project documentation shall be completed on standard forms. Should the city not have its own forms HR Green will provide inspection reports constant with industry standards.

As needed our inspector will prepare construction sketches and drawings to document system data collected in the field.

PHASE 3 - FINAL ASSESSMENT AND REPORT
Final Mapping
HR Green will conduct a thorough asset inventory and
assessment of the City’s stormwater system. Existing City GIS data will be utilized for referencing the location of assets as part of this field inventory. The anticipated tasks include:
▪ HR Green will prepare mobile data collection applications that provide access to the GIS database and allow for
updates to the GIS database from the field. HR Green
will leverage its standard mobile application design to facilitate accurate and efficient data collection. HR Green field staff will use fields equipped with custom pick-lists to record asset information that promotes efficiency and protects data integrity.
▪ HR Green will use a Trimble GNSS receiver tied into an appropriate real-time Global Navigation Satellite System (GNSS) Reference Network for the State of California.

Using a Trimble receiver with a GNSS Reference Network
provides an approximate 0.1 foot accuracy solution both horizontally (2 cm accuracy with fixed position) and
vertically (6 cm accuracy with fixed position).
▪ HR Green field staff will GPS asset locations, collect mandatory condition attributes, and perform a 3D
Manhole inventory where appropriate for proper
condition assessment based on an agreed upon
condition assessment. The confined space inventory
will be performed using a remote sensing laser
scanner and imaging rover. The laser scanner and
imaging rover collect 3D point cloud, high definition
video, and imagery of the manhole. Proprietary
software will be used to inventory the necessary data
fields.
▪ HR Green will work with the City to assemble a
checklist of detention pond attributes to analyze while in the field related to embankment/spillway, outlet
risers, trickle channels & forebays, vegetation and
maintenance access.
▪ Concurrently with field data collection, Houston and
Harris will conduct the CCTV assessment of all clean
and accessible stormwater pipes. Disposing of material
from cleaning will be compliant with local regulations.

Access to outfalls for material collection is assumed to be within City easements and will be coordinated with
the local land owner with assistance by the City.
▪ Houston and Harris will provide CCTV crews to clean
and document storm sewer to meet schedule based
on the quantities provided in the RFP. This is a benefit to the project as it will limit citizen disturbance within the heavily trafficked areas and provide additional
safety to our crews. This aggressive schedule is
subject to change based on initial conversations with
the City regarding the exact quantities of infrastructure requiring assessment. In addition, if allowed by the
City, upstream and downstream CCTV inspection will
occur at optimal access point to expedite the schedule. ▪ HR Green field staff will check into local control
monuments on a daily basis to ensure vertical position
accuracy and perform calibrations/adjustments as
needed.
▪ HR Green staff will review the field data to determine network connectivity and use desktop GIS to create/
update line features (e.g. mains, laterals and network
culverts that are a part of the connected stormwater
system). These line features will demonstrate correct
topology (e.g. pipe and network connectivity) with the
GPS located stormwater assets.
▪ HR Green will place CCTV pipe information inside
database using a Google Drive or similar delivery
method as discussed with the City.
▪ HR Green will deliver a GIS database and a report
summarizing the stormwater assets inventoried for this
project. The report will detail the attributes collected in the field and will include the asset conditions recorded by HR Green’s staff.
1024

Page 27 ends

Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Items not included in the stormwater asset inventory:
▪ Sump pump lines
▪ Downspout lines
▪ Culverts
▪ Topography of detention and retention ponds
Report Preparation
HR Green will prepare a summary report and data set
to include a dataset compatible with common asset
management software. Any remediation, new installation or replacement work performed by the City’s contractor will be included within the final City assets dataset to include at a minimum location, description, materials, and photos of work which will be uploaded directly into Asset Management Software or use a city-provided template report. The
summary report will be submitted to the City no later than 60 days upon completion of the work. The report shall include an executive summary, introduction including summary
of analysis completed, data assembled, conclusions,
recommended Capital Improvement Program (CIP) to repair system deficiencies with schedule for completion, and
program financing. HR Green will provide a draft for city review before submitting the final report to the City.

Maintenance Program
HR Green will also prepare a Maintenance Program summary for City Public Works staff use identifying critical facilities that require “special attention” prior to a forecasted event. Since public drainage facilities often rely on private drainage and retention facilities in the desert the report will also identify critical homeowner and commercial association maintained facilities for the city’s outreach to prepare annually as well as ahead of forecasted events. HR Green will review this program for compliance with all MS4 permit requirements.

PHASE 4 – STORMWATER INFRASTRUCTURE

MAINTENANCE PLAN
▪ As the Data Collection/Asset Characterization Team
populates the ArcGIS database, the Stormwater
Infrastructure Management Team will begin to rank
assets in accordance with characterizations/condition
assessments.
▪ HR Green will meet with the City stakeholder group
(established for project development) to review
asset characterizations as well as define condition
assessment, criticality, and other identified ranking
criteria including the use of overall condition index
(OCI) ratings and other constraints/requirements.
▪ Rank Assets following practices as modified for
stormwater systems and other agreed upon criteria.
▪ Meet with the stakeholder group to review rankings
and asset OCI. The review will be done visually/
interactively through the use of GIS dashboards and
mapping. In collaboration with the stakeholder group,
the team will identify constraints (i.e. budget, staffing and others) and develop priorities for future operation & maintenance, regulatory compliance, capital
expenditures, and desired OCI.

HR Green Project Team Meeting
▪ By geography (or other agreed upon measure), in
accordance with identified constraints, evaluate
various operation & maintenance and rehabilitation,
alternatives required to maintain the agreed asset
OCI. This would include the development of Life
Cycle Cost Comparisons (LCC) of alternatives. The
team will develop long-term maintenance plan
recommendations, including staffing and operational
considerations. It also will include assisting the City with the assessment of various asset management
software packages and tools that could be
cost-effectively utilized to help manage the stormwater assets. All of the work within this task will require
close coordination and collaboration with City staff.
▪ Meet with the stakeholder group to review
the recommendations. The maintenance plan
recommendations will be developed and evaluated
incorporating identified budgetary, staffing and other
operational constraints
▪ HR Green will work with the City staff through a formal communication and approval process as needed,
including technical presentations and mapping support.
1025

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Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Multiple field design-construction team projects require a strong communication plan to achieve successful results. Our approach to these projects is to solidify stakeholder requirements and project goals immediately after contractor selection so a comprehensive scope of work and cost can be assembled. In addition, project risks that impact schedule and fee will be discussed, documented and costed to eliminate potential schedule delays during design. The time frames include periodic meetings during investigation and formation of the storm water utility maintenance plan.

Schedule
Project Task Task Details Anticipated Project Schedule
Project Management
▪ Kick-off meeting
▪ Periodic status updates
▪ Client/Team Meetings
Duration of Project
Phase 1 - Preliminary
Assessment
▪ Research Records
▪ Preliminary Mapping
▪ Reconnaissance / Surveying
▪ Video Inspections
▪ Update Mapping and Bid Document Preparation
▪ Bidding Assistance
July 2024 - April 2025
Phase 2 – Maintenance
Contractor Oversight
▪ Management
▪ Field Observations February 2025 - May 2025
Phase 3 - Final Assessment
and Report
▪ Final Mapping
▪ Report Preparation
▪ Maintenance Program
April 2025 - June 2025
Task 4 –Stormwater
Infrastructure Maintenance
Plan
▪ Database Management and Maintenance
▪ Assist Staff with Functionality, Display, and
Upgrades for Desktop/Field Device GIS Maps
▪ Transition from ArcMap to ArcGIS Pro
▪ Organization of Data and Access for Staff
▪ Data Entry Improvements
▪ Static Data Syncing
▪ Data Editing Assistance
Draft by July 1, 2025
1026
MAY 20, 2024
City of Palm Desert

FEE PROPOSAL FOR
Storm Water and Drainage Infrastructure Assessment, Engineering Services - CDR00006
Tim Jonasson, PE
44651 Village Court I Suite 123
Palm Desert, CA 92260
Phone 760.262.4311 Direct 760.250.6722
[email protected]
1027
May 20, 2024
Melanie Ramirez, Senior Management Analyst
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Re: Storm Water and Drainage Infrastructure Assessment, Engineering Services (CDR00006) Dear Melanie and Selection Committee Members,
HR Green is pleased to present the attached fee proposal for the subject project. Please be advised that our proposal is based on the following assumptions and limitations:

1. Land survey and geotechnical services are not included.

2. All GIS formatting will be done using HR Green’s GIS database as detailed on Page 23 of our technical proposal.

3. As described in the RFP approximately 980 assets are to be mapped. Additional assets may be added by the City at additional cost.

4. A maximum of 80 hours of field mapping will be provided. Additional mapping will be negotiated with the city at additional cost.

5. All city permits will be provided at no cost to HR Green’s team.

6. Traffic control up to $25,000 is included by HR Green’s subconsultant (Tops & Barricades or similar firm); however, if additional traffic control is necessary it will at additional cost.

7. Video inspection and construction inspection will be subject to prevailing wages. No other work will require prevailing wages.

8. Confined space entry is not anticipated for Reconnaissance/Survey but may be added at an additional cost of $6,325 per day.

9. Video inspection will be performed on a single mobilization of HR Green’s subconsultant, Houston and Harris. Any additional mobilizations requested by the city will be at additional cost.

10.Video inspection and cleaning cost is for a maximum of 6 miles (31,680 Linear Feet) of storm drain up to 36 inches in diameter maximum. Larger pipe inspection and/or additional footage may be added at additional cost. Storm drain cleaning requiring more than the standard 4-6 passes will be at additional cost.

11.Project duration is assumed to be approximately one year. Any work required by the City beyond July 1, 2025 will be additional cost at HR Green’s 2025 bill rates.

Sincerely,
HR GREEN PACIFIC, INC.

Timothy Jonasson, PE George A. Wentz, PE Timothy J. Hartnett Project Manager Vice President President
 HRGREEN.COM
 44651 Village Court | Suite 123
Palm Desert, CA 92260
Main 760.262.4317 + Fax 713.965.0044
HR Green® | Building Communities. Improving Lives.
1028

Page 1 ends

Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Fee Proposal
Below is HR Green’s lump-sum, not-to-exceed fee proposal for the Scope of Services as outlined in the RFP. The fee proposal includes hourly rates for all personnel.

Palm Desert Staffing Hours Hourly Rate Fee
Project Management 160 $ 39,800.00
Tim Jonasson 120 $ 275.00 $ 33,000.00
Mike Liska 40 $ 170.00 $ 6,800.00
Steve Loriso (QA/QC) 20 $ 255.00 $ 5,100.00
Preliminary Assessment - Phase 1 960
$ 382,528.00
Research Records 80 $ 11,168.00
Emily Carney 16 $ 160.00 $ 2,560.00
Brandon Kilcoyne 8 $ 114.00 $ 912.00
Pete Lovell 16 $ 156.00 $ 2,496.00
Intern 40 $ 130.00 $ 5,200.00
Preliminary Mapping 400 $ 57,200.00
Emily Carney 100 $ 160.00 $ 16,000.00
Brandon Kilcoyne 160 $ 114.00 $ 18,240.00
Mike Liska 80 $ 170.00 $ 13,600.00
Pete Lovell 60 $ 156.00 $ 9,360.00
Reconnaissance / Surveying 296 $ 60,680.00
Brandon Kilcoyne 80 $ 114.00 $ 9,120.00
Joe Axtell/Gary Peterson 80 $ 160.00 $ 12,800.00
Emily Carney 16 $ 160.00 $ 2,560.00
Joe Axtell/Gary Peterson - Traffic Control assistance 40 $ 160.00 $ 6,400.00 Manhole Scanner 80 $ 60.00 $ 4,800.00
Traffic Control Subcontractor $ 25,000.00
Video Inspections 32 $ 225,120.00
Houston & Harris - Subcontractor $ 220,000.00
Emily Carney 32 $ 160.00 $ 5,120.00
Update Mapping and Bid Document Preparation 136 $ 24,360.00 Emily Carney 40 $ 160.00 $ 6,400.00
Brandon Kilcoyne 40 $ 114.00 $ 4,560.00
Chase Keys (CIP) 40 $ 225.00 $ 9,000.00
Tim Jonasson 16 $ 275.00 $ 4,400.00
Bidding Assistance 16 $ 4,000.00
Tim Jonasson 8 $ 275.00 $ 2,200.00
Chase Keys 8 $ 225.00 $ 1,800.00
1029

Page 2 ends

Storm Water and Drainage Infrastructure Assessment | City of Palm Desert Maintenance Contractor Oversight -
Phase 2
436
$ 89,520.00
Management 16 $ 4,400.00
Tim Jonasson 16 $ 275.00 $ 4,400.00
Field Observations 420 $ 85,120.00
NV5 (CM) 180 $ 224.00 $ 40,320.00
Joe Axtell & Gary Peterson 240 $ 160.00 $ 38,400.00
Emily Carney 40 $ 160.00 $ 6,400.00
Final Assessment and Report - Phase 3 248
$ 45,100.00
Final Mapping 60 $ 8,680.00
Emily Carney 40 $ 160.00 $ 6,400.00
Brandon Kilcoyne 20 $ 114.00 $ 2,280.00
Report Preparation 148 $ 25,660.00
Pete Lovell 40 $ 156.00 $ 6,240.00
Monika Kazmierski 80 $ 149.00 $ 11,920.00
Tim Jonasson 8 $ 275.00 $ 2,200.00
Greg Panza/ Matt Jones 20 $ 265.00 $ 5,300.00
Maintenance Program 40 $ 10,760.00
Tim Jonasson 16 $ 275.00 $ 4,400.00
Greg Panza/ Matt Jones 24 $ 265.00 $ 6,360.00
TOTALS 1804 $ 964,728.00
....Fee continued.
1030
 HRGREEN.COM

TRANSPORTATION
+
WATER
+

GOVERNMENTAL SERVICES
+

LAND DEVELOPMENT
+

ENVIRONMENTAL
+

CONSTRUCTION
1031
MAY 20, 2024
City of Palm Desert

RESUMES FOR
Storm Water and Drainage Infrastructure Assessment, Engineering Services - CDR00006
Tim Jonasson, PE
44651 Village Court I Suite 123
Palm Desert, CA 92260
Phone 760.262.4311 Direct 760.250.6722
[email protected]
1032
Engineering Services and Land Development | City of Palm Desert Tim Jonasson, PE
Program Manager
A long-time Coachella Valley resident, Tim has 38 years of development management, plan review oversight, design, CIP program management, design management, NPDES/ water quality compliance, and construction management experience for municipal public improvement projects, including roads, drainage, water, sewer, traffic, grading, parks, recreational facilities, parking lots and parking structures. He has served as construction manager and design engineer on a variety of municipal improvement projects including bridge construction, street and landscape improvements, water and wastewater improvements, parks construction and rehabilitation, golf course improvements and pier reconstruction. In 2018, Tim served as Palm Desert’s Interim Public Works Director managing the day-to-day departmental operations.

SELECTED PROJECT EXPERIENCE
Z Design and Development, City of La Quinta, CA
Public Works Director/City Engineer for 15 years. Oversaw a Capital Improvement Program (CIP) budget of $14.7 million and a department operating budget of $5.3 million. He provided expertise and guidance to the executive team and City Council with additional responsibility for flood plain administration, storm water protection compliance, approval of plans for capital projects and private development and administration of Lighting and Landscape District. He served as a working director leading a department of 27 full-time employees (Public Works, Planning & Building) while providing oversight of all private development entitlement and permitting, contracts for capital project management, construction inspection, traffic engineering, fleet maintenance, and street and landscape maintenance. He also worked closely with the Coachella Valley Water District and Imperial Irrigation District which supply water/sewer and power to the City, respectively. Some of his key initiatives included:
▪ After flooding damaged over 50 homes and several public facilities in 2013 and 2014 led team to analyze the City’s existing flood protection improvements, hire an engineering firm specializing in complex flood modeling to map the effect of abnormally large storms on the City’s storm drains and then led the City Council through flood protection improvements to be incorporated into future CIPs. Also provided flood expertise to the City’s defense attorneys during litigation which resulted in significant savings from flood claims. ▪ Procuring multiple multi-million dollar federal Highway Bridge Replacement grants to construct the Jefferson Street and Adams Street Bridges across the Whitewater Channel.

Z Construction Management and Inspection, Various Southern California Cities Principal-in-Charge for the delivery of CIP projects, particularly drainage, pavement / roadway improvements and park improvements, including the Cities of Coachella, Grand Terrace, Palos Verdes Estates, Pomona, Rancho Palos Verdes, and Corona.

Z CIP Project Development, City of San Buenaventura, CA Construction Manager for all capital projects and construction inspector supervision. This included the redevelopment of the downtown area, involving streetscape and drainage improvements for this economic development project to revitalize the downtown business quarter which was blighted and unfriendly to pedestrians. Tim was also responsible for engineering project entitlement and plan check review for all private development projects in the City.

EXPERIENCE
38 Years

EDUCATION
Masters, Business
Administration
Bachelor of Science, Civil
Engineering

REGISTRATION /

LICENSE
Registered Civil Engineer,
CA #45843
XNearly 30 Years Project/
Program Management,
Municipal Engineering
and Construction
Management
XFormer City Engineer/
Public Works Director,
City of La Quinta (15
Years)
XLong-Time Coachella
Valley Resident
XExtensive Experience
Delivering FederallyFunded Projects
1033
Engineering Services and Land Development | City of Palm Desert

EXPERIENCE
50+ Years

EDUCATION
Master, Public
Administration
BS, Civil Engineering

REGISTRATION
Registered Civil Engineer,
CA #43273
George Wentz, PE
Principal-in-Charge
George brings 50+ years of municipal management experience. George currently is a Vice President for HR Green and supports our engineering, management and building and code-related services. He has overseen the provision of a wide array of engineering services to more than 20 cities and various counties throughout Southern California.

George has directed and administered projects which range from on-call support to full city contract services. His responsibilities have ranged from accountability for day-to-day completion of activities associated with a contract to Principal-in-Charge of particular projects. His managerial experience and high level of success is well documented and recognized by the cities he has served. He is recognized in the field as having a unique talent in working well with City Councils, boards, commissions, committees, ad-hoc groups, managers, department heads and staff to achieve desired agency results. He has focused on the master planning and implementation of high-profile projects, revenueproducing developments, golf courses, and mixed-use resort communities.

Moreover, George has served as a development manager, responsible for identifying specialty designers, contractors, and operators; preparing and maintaining documentation; incorporating applicable procedures and standards into design and construction documentation; coordinating closely with agency, developer, city departmental staff, approving agency, and community stakeholders; facilitating community outreach; and coordinating project management, estimating, constructibility, and scheduling efforts.

SELECTED PROJECT EXPERIENCE
Z Principal-in-Charge, On-Call City Engineer/Public Works Engineering, Various Southern California Municipalities throughout San Bernardino, Orange, and Los Angeles Counties
Principal-in-Charge for the delivery of civil plan review, staff augmentation, contract City Engineer/Public Works Director, and other engineering support to deliver the planning, design, and construction of CIP project/programs and land developments. In additional he has overseen and directed full Building and Safety Services. Agencies he has served include, but are not limited to the Cities and Counties of: Chino Hills, San Bernardino, Hesperia, Victorville, Ontario, Apple Valley, Upland, Anaheim, Placentia, Diamond Bar, Laguna Hills, Irvine, Yorba Linda, Palos Verdes Estates, Rolling Hills Estates, Rolling Hills, Hemet, Lake Elsinore, Azusa, Palm Desert, Riverside County, Los Angeles County, and the County of Orange.
1034
Engineering Services and Land Development | City of Palm Desert

EXPERIENCE
25+ years

EDUCATION
BS, Civil Engineering

REGISTRATION /

LICENSE
Registered Civil Engineer,
CA #64701
Qualified SWPPP
Developer/Practitioner
(QSD/QSP), CA #00503
Steve Loriso, PE, QSD/QSP
Assistant Project Manager/Coordinator (QA/QC)
Steve has more than 25 years of design, CIP program management, design management, plan review, NPDES/water quality compliance, and construction management experience of municipal public improvement projects. As City Engineer and Project/Program Manager for various Southern California municipalities, he has overseen a broad range of infrastructure improvement projects from planning and design, through construction and maintenance. Types of projects include roads, drainage, water, sewer, traffic, grading, and parking lots. Steve has managed the implementation of the Municipal Separate Storm Sewer System (MS4) Permit for various municipalities, performed review of compliance documents for private and public developments, acted as the owner’s representative and liaison between design teams and general contractors on facility and infrastructure construction projects.

SELECTED PROJECT EXPERIENCE
Z Municipal Engineering, City of Jurupa Valley
City Engineer responsible for managing City’s Capital Improvement budget, plan checking of land development projects, overseeing the design and construction of all capital projects, facilitating the MS4 Permit and stormwater quality compliance requirements, and grant writing/administration. Several design projects have involved improvements to arterials/corridors and incorporation of Complete Streets elements.

Coordinated the design and construction of Jurupa Community Services District $60 million water and sewer CIP Program, comprised mostly of water and sewer pipeline (new and replacement) within the City right-of-way. Project Manager for design and construction of drainage improvements which required utilizing infiltration devices in order to mitigate the storm flows to a manageable and safe level.

Z City Engineering, City of Hemet
Acting City Engineer responsible for managing the City’s Capital Improvement Program budget, land development plan checking, entitle reviews in conjunction with the Planning Department, and overseeing the construction of both City and private development projects. City projects included traffic signals, roadway widening, pavement maintenance/rehabilitation/reconstruction, drainage, sidewalks, water and sewer improvements. This role also involved coordinating with other utility purveyors in the City on their capital projects within City right-of-way.

Z On-Call Engineering, City of Palos Verdes Estates
QA/QC Manager for the design and construction of CIP projects including: annual slurry seal, ADA sidewalk/curb ramp improvements, pavement rehabilitation projects, drainage improvements, and sanitary sewer upgrades. Also oversaw the plan review of various private development projects within the City.

Z On-Call Engineering, Cities of Rancho Cucamonga, Claremont, San Gabriel, Diamond Bar, Montclair, Lake Elsinore, Walnut, Indio, Lake Elsinore Project Manager for various staff augmentation, project management, design engineering, plan/map review, construction management, inspection assignments. 1035
Engineering Services and Land Development | City of Palm Desert

EXPERIENCE
11 Years

EDUCATION
BS, Civil Engineering

REGISTRATION /

LICENSE
Registered Civil Engineer,
CA # 90593
Chase Keys, PE
Task Lead - Design Services
Chase has 11 years of CIP Program Management, design management, plan review, and construction management experience of municipal public improvement projects.

His experience includes a multi-faceted involvement with Engineering and Public Works Departments as well as NPDES compliance operations. Types of projects include roads, drainage, water, sewer, traffic, and parking lots throughout Southern California, including for the City of Pomona. Chase has also helped prepare grant applications for federal, state, and regional funding. Moreover, he has assisted in both the office and field on construction projects, and processed paperwork through Caltrans Local Assistance and regional transportation agencies. He has served as CIP Manager for the Cities of Jurupa Valley and Hemet and has also served on site at the Cities of Lake Elsinore, Palos Verdes Estates, and Beaumont in delivering a broad array of CIP and land development projects.

SELECTED PROJECT EXPERIENCE
Z CIP Management, City of Jurupa Valley, CA
CIP Manager responsible for managing City’s Capital Improvement budget and overseeing the design and construction of all capital projects including grant writing/administration.

Chase is involved with the projects from conception and budgeting through construction management and close out. Manages wide array of projects from minor traffic signal modifications to multi-million-dollar street improvement projects. In 2016-2017 Chase managed and designed roughly $8,000,000 of residential street rehabilitation projects through seven project phases. This work included performing a pavement evaluation on every residential street within the 45 square mile City to determine the priority list of projects to be included in the program.

Z CIP Management, City of Hemet, CA
CIP Manager responsible for managing City’s Capital Improvement budget and overseeing the design and construction of all capital projects including grant writing/administration.

Chase is involved with the projects from conception and budgeting through construction management and close out. Manages a wide array of projects for both engineering and public works including the City’s water/sewer system. In this role Chase oversees all of the City’s annual neighborhood pavement rehabilitation projects.

Z Holt Avenue Improvements, City of Pomona, CA
Project Manager for the analysis and design of approximately 4 miles of new raised center median along the Holt Avenue Corridor as part of the City’s corridor specific plan. The project included a thorough traffic analysis of the corridor including taking 24-hour turning movement counts at 85 intersection and 60 private driveways, traffic forecasting, and traffic model development to document existing, future no-build, and build conditions.

Prior to final design, four concepts were prepared and presented to the public and City Council. Final design included reconstruction of the existing pavement, new signing and striping, traffic signal modifications, street lighting, new median and parkway landscaping, trail design within an adjacent park including outdoor workout equipment, protection of the exiting sanitary sewer under the proposed median, water and sewer main improvements, and stormwater improvements.
1036
Engineering Services and Land Development | City of Palm Desert Mike Liska, GISP
Task Lead - GIS Database Analysis / Development
Mike brings 18+ years of GIS/GPS experience from projects across 15 different states. Mike serves as HR Green’s GIS Group Leader for the Geospatial Group where he leads a talented team of GIS professionals fluent in a range of technical competencies. He is responsible for Managing GIS asset inventories and condition assessments of utilities nationwide for private and municipal clients and other governmental agencies. Over the past 14 years, Mike has provided ongoing GIS Services to clients around the country. He develops custom and standard GIS Databases for clients to track assets which include fiber, water, wastewater, storm water, Electric, signs, trees, pavement, cemeteries, etc. Mike has created GIS designs for Fiber, Water, and wastewater infrastructure. Mike and his team manage multiple client GIS databases and serves as administrator for their ArcGIS Online Organizations. He develops custom web map and web applications using ArcGIS Portal and ArcGIS Online to support client requests. While developing databases and web maps, Mike customizes Field Maps for ArcGIS Applications for field data collection and inspections used on a variety of equipment Make and Models. Mike is NASSCO certified in PACP, MACP, and LACP which he has performed thousands of Level 1 inspections. Mike is a trainer for internal staff and external clients on GIS Desktop and Web Based environments as well as field data collection using high accuracy GPS equipment. Mike is a licensed FAA sUAS Remote Pilot which he flies drones for projects needing high resolution orthophoto imagery, infrared video/photos, planimetric data, and Digital Elevation Models.

SELECTED EXPERIENCE
Z Miscellaneous GIS Services, City of Jurupa Valley. GIS Manager to develop a GIS database based on industry standard design that accommodate the data necessary to manage the City’s community data. This included data compilation, developing ArcGIS Online (AGOL) map applications that provide agency staff with access to their GIS data in both the office and the field (these applications will include GIS functionality that not only allows users to view community assets, but also provides the ability to enter searches, make edits, and perform analysis), and training on the new ArcGIS Online (AGOL) site. To accelerate the delivery of construction documents for a citywide pavement rehabilitation initiative, HR Green staff leveraged GIS to save time and money. When we prepared the Pavement Management Plan we developed and manage a new Citywide GIS data system and Truck Route Plan. This included implementing new traffic accident and signing, striping and markings databases. To comply with NPDES mandates, HR Green developed a comprehensive solution allowing for the efficient collection of stormwater inlet maintenance field data, tracking project progress, and analyzing data trends for improved long-term asset management. Our staff developed a GIS database to work with a mobile app which interfaces with Collector for ArcGIS and Operations Dashboard.

This allowed field personnel to collect data remotely while updating the database in real time.

Z GIS Services, City of Palos Verdes Estates. GIS Manager to develop a Catch Basin GIS Asset Inventory and Cleaning application that supported development of a database based on industry standards and City needs to collect a GPS location of each catch basin and then the gathering of information on the asset such as condition, dimensions, material, photos, etc. to assist the City in installing full capture devices into their system. Oversaw the creation of an application to be used by the City and their Cleaning Contractors to record each time they cleaned the basin to report how much trash they removed from each asset.

The City still uses this process today. Oversaw the creation of a Tree Inventory and Street Sign Inventory application used by City staff to obtain information in the field.

EXPERIENCE
18 Years

EDUCATION
BS, Information SystemsGeographic Information
Systems, American
Sentinel University
AAS, Agriculture GPS/GIS,
Kirkwood Comm. College

REGISTRATION / LICENSE
Geographic Information
Systems Professional - IA
#67860
FAA sUAS Pilot#4186144
1037
Engineering Services and Land Development | City of Palm Desert Greg Panza, PE, CFM
Task Lead - Water Drainage
Greg possesses 27 years of Civil Engineering experience, encompassing roadways, water/wastewater, stormwater, grading and utilities. He manages and master plans land development and municipal engineering projects, drawing from his expertise in both engineering design and construction management. As a Professional Engineer, he has provided leadership for major civil infrastructure projects in the healthcare, residential, recreational, training, and commercial sectors. His 15 years of project management, construction management and general contracting experience includes sequencing multiyear constructions, including five years managing projects for the National Park Service’s Intermountain Region. Greg has overseen schedules, budgets, and contractors for complex, multi-million dollar projects. His project experience encompasses analysis and design with construction costs up to $20 million.

SELECTED PROJECT EXPERIENCE
Z Sanitary Sewer and Water Assessment | Dinosaur NM & Mesa Verde NP, Colorado - Regional Project Manager
Due to a failing water and sanitary sewer system. CCTV inspection of all utility lines, totaling approximately 5 miles was conducted to tabulate deficiencies. Worked with the Park to determine design of improvements, potential construction impacts and disturbance to the public. Previous firm experience
Z Intermountain Region Asset Management | CO, MT, WY, UT, OK, NM, TX -Regional Project Manager
Assessments of National Park Service assets consisting of utility infrastructure, roadways, bridges, structures and trails. Assets were ranked according to an Asset Priority Index (API) and Facility Condition Index (FCI) and inputted into the Facility Management Software System (FMSS). Previous firm experience.

Z Uplands Offsite Water/Sewer | Westminster, Colorado - Senior Project Manager The Uplands project in Westminster requires upsizing of the downstream infrastructure.

Using the City’s GIS system and existing studies of the infrastructure, a utility study was conducted to determine upsizing requirements. Referencing the GIS assets, attributes were verified and updates provided within the study to better represent actual field conditions.

Z Utility Infrastructure Construction | Colorado/Wyoming - Senior Estimator Conducted construction estimates and managed projects within Colorado and Wyoming for major utility infrastructure. Infrastructure estimated and installation managed consisted of waterlines up to 36”, sewer lines up to 42”, concrete stormsewer up to 96”, various size box culverts, detention pond outlet structures and multiple manholes/ inlets. Final inspection required pressure testing, CCTV and disinfection. Previous firm experience.

EXPERIENCE
27 Years

EDUCATION
BS, Civil Engineering, Ohio
University

REGISTRATION / LICENSE
Professional Engineer, CO
#37081
1038
Engineering Services and Land Development | City of Palm Desert Emily Carney, GISP
GIS Database Administrator
Emily is an experienced GIS specialist with a broad skillset that includes GIS database setup, mobile application development, field inventory and inspection, engineering design in GIS, and production of high-quality mapbooks and map exhibits. She has a proven track record of efficiently deploying GIS solutions on a wide range of project types, including sanitary sewer, stormwater, water distribution and fiber utility networks. Emily is NASSCOcertified with considerable familiarity performing inspections on sanitary sewer and storm water assets. In addition to her GIS expertise, Emily has experience in environmental and brownfields services that include Phase I and Phase II Environmental Site Assessments, sample plan development, and remediation investigations.

SELECTED PROJECT EXPERIENCE
Z GIS Sanitary & Storm Water Assets, City of Oskaloosa, IA - GIS Specialist Emily played a key role in the extensive data collection efforts required by the City for its sanitary sewer and storm water systems. She also developed web mapping applications to be used by City staff in managing their potable water, storm water, and wastewater systems.

Z GIS Services, City of Anamosa, IA - GIS Specialist
Emily played a key role in the extensive data collection efforts required by the City for its sanitary sewer and storm water systems. She also developed web mapping applications to be used by City staff in managing their potable water, storm water, and waste water systems.

Z On-Call Stormwater Engineering Services, Jefferson County, MO - Staff Scientist Emily was involved in GIS database, mobile mapping application design as well as field data collection. Emily also designed the final mapbook deliverable to the Client.

Z Liberty Collection Systems, City of Liberty, TX - GIS Specialist Emily had a large role in the data collection efforts for the City’s sanitary sewer system.

She developed web mapping applications to be used by City staff in managing their sanitary, storm water, and water systems.

EXPERIENCE
8 Years

EDUCATION
BS, Environmental
Science, University of Iowa

REGISTRATION / LICENSE
Geographic Information
Systems Professional - IA
#161350
1039
Engineering Services and Land Development | City of Palm Desert Joe Axtell
Construction Inspector
Joe brings more than 30 years of government and private construction inspection experience in all phases of road construction. He is a top-notch problem-solver and combines his strong public relations skills with his knowledge of construction materials and workmanship to recognize field issues and mitigate construction errors. Joe has extensive knowledge of all road construction materials and methods including concrete pours, excavation, soil composition, reinforced steel pipes and other materials.

Additionally, he has thousands of hours of on-site inspection experience in construction and waterline projects on numerous capital improvement projects for municipalities throughout Southern California. Joe visually inspects each stage of road construction to protect the public interest and monitors contractors to ensure they meet design and compliance standards.

PREVIOUS FIRM EXPERIENCE
XRiverside County, CA – Senior Engineering Inspector
While with Riverside County Joe provided various construction inspection, resident engineer, and project management services on multiple projects which included transportation systems inspections, and municipal infrastructure upgrades. In this role he specifically was responsible for:

Z Riverside County, CA - 200+ Tracks – Lead Inspector
Z Traffic Control Safety

EXPERIENCE
30+ Years

EXPERIENCE
35+ Years

CERTIFICATIONS
NPDES Construction Site
Inspections
WWR Construction Site
Inspections Training
SMR Construction Site
Inspections Training
Stormwater Pollution
Prevention
Gary Peterson
Inspection Team
Gary brings more than 35 years of comprehensive large-scale management and inspection experience. He has been responsible for land development orchestration and implementation of site mass/rough grading work, site wide storm drain installation, finish grading of lot pads and streets, installation/inspection of all wet utilities (sewer, storm drains and water). Installation of all curbs and gutter, paving. Installation inspection of all dry utilities (power, gas, telephone and cable). As for finish or detailed work completed layout, construction and installation of all hardscapes throughout the project along with irrigation and installation of plant material palette. He has a strong background in program development and quality assurance with an outstanding history of managing projects from initial conception, through development, to implementation. His excellent record includes bringing mission-critical projects in on schedule and within budget. Gary is especially skilled at strategic planning, budget controls and problem resolution, including outstanding communication talents with proven ability to build and lead highly efficient teams, train personnel and convey complex concepts in understandable terms.

SELECTED PROJECT EXPERIENCE
Z Project Consulting and Review for Design and Installation, Coachella Valley Water District
Z Palm Valley Country Club, Sunrise Company, City of Palm Desert Z Indian Ridge Country Club, Sunrise Company, City of Palm Desert 1040
Engineering Services and Land Development | City of Palm Desert Subcontractors

EXPERIENCE
7 Years

EDUCATION
MS Civil Engineering
(Coastal Engineering)
BS Civil Engineering

REGISTRATION /

LICENSE
Metrolink Railroad Safety
Contractor Safety Trained,
No. 26471E22
India Woodruff (NV5)
Construction Manager
Ms. Woodruff is a proactive, self-motivated Assistant Construction Manager/Resident Engineer who has managed at-risk projects throughout Southern California. She is experienced in Microsoft Office, Procore, Primavera P6, Microsoft Projects, AutoCad, and Revu Bluebeam. Her solid negotiation and communication skills along with proven project management skills allow her to effectively interact with clients as well as construction trades.

SELECTED PROJECT EXPERIENCE
Z Stormwater Inspections, City of Beaumont
Z SWPPP Preparation and Support Services for Otay River Restoration Project, Odin Construction, Chula Vista, CA
Z La Palma Avenue and Tustin Avenue Water Main Replacements, City of Anaheim, CA
Z Crowther Sanitary Sewer Pipeline Replacement, City of Palentia 1041
P.O. Box 10367
San Bernardino, CA 92423
909-422-8990 P
CA #884167
HR Green – RFP Palm Desert Strom Drain Inventory and Assessment Key Personnel
Larry Houston, President, 1992 to present
• President
• Contractor A Licensed
• Site Reconnaissance
• Liaison on Municipal Contracts
• Certified Hazwoper
• CPR/First Aid
• Traffic Control & Flagger
Certified
• Vactor & Video Operator
• Certified in Confined
Space Entry,
Operations/Rescue
Brad Houston, 2007 to present
• Operations Manager
• Video & Vactor Operator
• CPR/First Aid
• CIPP Point Repair Installer
• Traffic Control & Flagger
Certified
• Certified in Confined
Space Entry,
Operations/Rescue
• Certified Hazwoper
Sergio Mora, QC/IT Manager, 2002 to present
• ITT Graduate-Electronics and Computer
Science
• Ongoing Contract Data Base / Deliverable
Conversions
• NASSCO Certified
• A+ Certified
• Ongoing training of company operators on
using Pipelogix, IT Pipes, Posm, Wincan
VX, Granite Net, ongoing training of
operators on defect codes.

Bryan Cortez, 2004 to present
• NASSCO Certified • Quality Control Supervisor
Administration
Elizabeth Butler, 2002 to present
• Office Manager, Contract Administration
1042
P.O. Box 10367
San Bernardino, CA 92423
909-422-8990 P
CA #884167
HR Green – RFP Palm Desert Strom Drain Inventory and Assessment Key Personnel
Shivon Constantine, 2002 to present
• Human Resource Manager
• Prevailing Wage, Payroll Administration,
Sean Sandoval, 2020 to present
• Safety Officer
• NASSCO PACP MACP LACP Certified
• Traffic Control & Flagger
Certified
• Certified in Confined
Space Entry,
Operations/Rescue
Frank Tellez, 2001 to present
• Video & Vactor Operator
• NASSCO PACP MACP LACP Certified
• Certified Hazwoper
• CPR/First Aid
• Certified in Confined
Space Entry,
Operations/Rescue
• Traffic Control & Flagger
Certified
Alex Leandro, 2004 to present
• Vactor Operator
• CPR/First Aid
• Traffic Control & Flagger
Certified
• Certified in Confined
Space Entry,
Operations/Rescue
Juan Machain, 2005 to present
• Vactor Operator
• CPR/First Aid
• Traffic Control & Flagger
Certified
• Certified in Confined
Space Entry,
Operations/Rescue
Juan Chavez, 2006 to present
• Vactor Operator
• CPR/First Aid
• Traffic Control & Flagger
Certified
1043
P.O. Box 10367
San Bernardino, CA 92423
909-422-8990 P
CA #884167
HR Green – RFP Palm Desert Strom Drain Inventory and Assessment Key Personnel
• Certified in Confined
Space Entry,
Operations/Rescue
Richard Dion, 2021 to Present
• Video Operator/ Vactor Operator
• NASSCO PACP MACP LACP Certified
• Traffic Control & Flagger Certified
• Laborer
• CPR/First Aid
• Certified in Confined
Space Entry,
Operations/Rescue
Ivan Gomez, 2017 to Present
• Video Operator
• NASSCO PACP MACP LACP Certified
• CPR/First Aid
• Laborer
• Certified Hazwoper
• Traffic Control & Flagger Certified
• Confined Space Entry,
Operations/Rescue
Kevin Gomez, 2017 to Present
• Video Operator
• NASSCO PACP MACP LACP Certified
• CPR/First Aid
• Traffic Control & Flagger Certified
• Confined Space Entry,
Operations/Rescue
Miguel Barba, 2020 to Present
• Video Operator
• NASSCO PACP MACP LACP Certified
• Traffic Control & Flagger Certified
• CPR/First Aid
• Certified in Confined
Space Entry,
Operations/Rescue
Christian Perdomo, 2020 to Present
• Video Operator
• NASSCO PACP MACP LACP Certified
• CPR/First Aid
• Traffic Control & Flagger Certified
• Confined Space Entry,
Operations/Rescue
1044
P.O. Box 10367
San Bernardino, CA 92423
909-422-8990 P
CA #884167
HR Green – RFP Palm Desert Strom Drain Inventory and Assessment Key Personnel
Jesus Bahena Perez, 2023 to Present
• Video Operator
• NASSCO PACP MACP LACP Certified
• CPR/First Aid
• Traffic Control & Flagger Certified
• Confined Space Entry,
Operations/Rescue
Jesus Gutierrez, 2023 to Present
• Video Operator
• NASSCO PACP MACP LACP Certified
• CPR/First Aid
• Traffic Control & Flagger Certified
• Confined Space Entry,
Operations/Rescue
Javier Rodriguez, 2021 to Present
• Traffic Control & Flagger Certified
• Laborer
• CPR/First Aid
• Certified in Confined
Space Entry,
Operations/Rescue
Johnathan Chavez, 2022 to Present
• Traffic Control & Flagger Certified
• Laborer
• CPR/First Aid
• Certified in Confined
Space Entry,
Operations/Rescue
Brian D’ambra, 2023 to Present
• Vactor Operator
• Traffic Control & Flagger Certified
• CPR/First Aid
• Certified in Confined
Space Entry,
Operations/Rescue
Jeremy D’ambra, 2023 to Present
• Traffic Control & Flagger Certified
• Laborer
• CPR/First Aid
• Certified in Confined
Space Entry,
Operations/Rescue
1045
 HRGREEN.COM

TRANSPORTATION
+
WATER
+

GOVERNMENTAL SERVICES
+

LAND DEVELOPMENT
+

ENVIRONMENTAL
+

CONSTRUCTION
1046
Contract No. C47850
1 Revised 01-2024
BBK 72500.00001\32374915.1

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 11th day of July, 2024, 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 HR GREEN PACIFIC, INC., a Corporation, with its principal place of business at 46651 VILLAGE COURT, SUITE 123, PALM DESERT, CA 92260 ("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:

Storm Water and Drainage Infrastructure Assessment Project Project No. CDR00006
(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.

3.1.2 Term. The term of this Agreement shall be from July 11, 2024, to June 30, 2025, unless earlier terminated as provided herein. 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, 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 1047
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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 "A" 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 thatcertain 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: Tim Jonasson, Project Manager.

3.2.5 City's Representative. The City hereby designates Neal Ennis, Project Manager, 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 Tim Jonasson, Project Manager, 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.

3.2.8 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 1048
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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 sub-consultants 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” 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.

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 regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 1049
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3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, 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. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 1050
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effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall 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 and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (Reserved)
(G) Cyber Liability Insurance. (Reserved)
If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement.

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. 1051
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(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) 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.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide 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.
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(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) 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.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’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. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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 eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

3.2.12 Water Quality Management and Compliance. Consultant 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 Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. 1053
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§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant 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 of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed NINE HUNDRED SIXTY-FOUR THOUSAND SEVEN HUNDRED TWENTY EIGHT Dollars ($964,728.00) without written approval of the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "A" of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties 1054
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to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, 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.

3.5 Accounting Records.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not 1055
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be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

Consultant: HR GREEN PACIFIC, INC.
46651 VILLAGE COURT, SUITE 123
PALM DESERT, CA 92260
ATTN: Tim Jonasson, Project Manager
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Neal Ennis, Capital Projects
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant 1056
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shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has 1057
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become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.

3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 1058
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3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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

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employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND HR GREEN PAPCIFIC, 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:

Isra Shah
Best Best & Krieger LLP
City Attorney
HR GREEN PACIFIC, INC., A

CORPORATION
By:

Timothy J. Hartnett
Vice President
By:

Its:

Secretary
Printed Name:

Jason Poppen
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A”

SCOPE OF SERVICES

HR GREEN PROPOSAL
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EXHIBIT "A"

SCHEDULE OF SERVICES

HR GREEN PROPOSAL
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EXHIBIT "A"

COMPENSATION

HR GREEN PROPOSAL
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: CONFIRMATION OF PLANNING COMMISSION RESOLUTION NO. 2873, CONDITION OF APPROVAL NO. 20 REGARDING THE

ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT AT

SHADOW RIDGE
RECOMMENDATION:

Confirm Planning Commission (PC) Resolution No. 2873, Condition of Approval (COA) No. 20 regarding the establishment of a Community Facilities District (CFD) at Shadow Ridge BACKGROUND/ANALYSIS:

On January 25, 2024, the City Council adopted Resolution No. 2024-003, amending Development Agreement (DA) 98-1 between the City of Palm Desert and Marriot Ownership Resort, Inc. (Marriott). The amendment allowed for the sale of Parcels 4 and 5 of Tract 28818-1 from Marriott to Toll Brothers (Toll) for the development of 93 single-family homes and for the City to receive a one-time payment of $1.6M from Marriott upon the sale of property to Toll. In addition, the formation of a service CFD over the subject property to support on-going public safety and public service costs was contemplated however, this condition was not memorialized in the DA as Toll was not a party to the DA.

Toll has now received entitlement approvals from the Planning Commission and, at the request of Toll, a COA was added for establishment of the CFD. Staff is bringing this item to City Council’s attention for confirmation of COA No. 20, which states:
“In order to maintain certain services provided by the City of Palm Desert, which are impacted by the proposed development, including, but not limited to, police services, fire and ambulance and emergency response services, parks and open space maintenance, lighting and landscape maintenance, administrative fees of the City and any other services permitted under the MelloRoos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (“Act”) as well as costs of administration, operating, and reporting, the Developer shall initiate the formation of a community facilities district for services pursuant to the Act by submitting a petition in the form specified by the City, and City and Developer shall coordinate to complete the formation process prior to or concurrent with building permit issuance. The special taxes authorized to be levied within the community facilities district shall be levied in accordance with the Rate and Method of Apportionment of Special Tax (“RMA”) attached hereto as Schedule 1. In no event shall the initial Maximum Special Tax for each Assessor’s Parcel of Developed Property in its Base Year exceed $2,200 or increase in subsequent Fiscal Years following the Base Year by more than the Annual Escalation Factor. All capitalized terms used in the preceding sentence shall have the meanings ascribed thereto in the RMA. This condition is subject to confirmation with the City Council.” 1065
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A separate Resolution to establish the CFD will be brought forward in the future for City Council consideration.

Legal Review:

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

Project Description:

In 2020, Marriot approached the City and expressed that the timeshare market is saturated in the Coachella Valley, and they would like to pursue other options including the development of single-family homes with the Shadow Ridge development. In late 2022, Marriott returned to the City with a proposal to convert roughly 18.75-acres of undeveloped land to 93 higher-end single family homes rather than the remaining timeshare units. City staff expressed concerns with the loss of revenue from the facilities fee as the new single-family homes would not be subject to the fee. In lieu of the additional facilities fee the second amendment to the Development Agreement was approved to include a one-time $1.6M payment to the City from Marriott upon sale of the property to Toll.

The Second Amendment to the Development Agreement is limited to Marriott’s remittance of $1.6M to the City of Palm Desert upon the transfer of 18.75-acres to Toll. Toll has completed the City’s entitlement process with the passage of PC Resolution 2873 and has agreed to establish a service CFD over their project. A separate resolution to establish the CFD will be brought forward for City Council consideration in the future. Toll anticipates the CFD may generate $204,600+ for the City in year 1 and will be established for a term of 30-years.

FINANCIAL IMPACT:

There is no direct fiscal impact to the General Fund with this action. 1066

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
REQUEST: APPROVE CONTRACT WITH FEHR & PEERS FOR THE PREPARATION

OF A GENERAL PLAN AMENDMENT TO THE MOBILITY ELEMENT IN
AN AMOUNT NOT TO EXCEED $139,076 AND APPROPRIATE FUNDS
RECOMMENDATION:

1. Approve contract to with Fehr & Peers of Walnut Creek, California, to prepare a General Plan Amendment to the Mobility Element in an amount not to exceed $139,076.

2. Appropriate $139,076 from unassigned General Fund Reserves to Account No. 1104470- 4305000.

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

4. Authorize the City Manager to execute said contract.

BACKGROUND/ANALYSIS:

California state law requires all cities and counties to adopt a general plan, a long-range planning document “for the physical development of the county, or city, and any land outside it boundaries which in the planning agency’s judgment bears relation to its planning” (Gov. Code §65300). The Mobility Element, also known as a Circulation Element, is a mandatory element of a general.

The Mobility Element identifies the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities.

The City of Palm Desert adopted its current general plan, including the mobility element on November 10, 2016, by Resolution No. 2016-87. Since this adoption, several state policies and regulations have been implemented addressing roadway safety (Senate Bill or “SB” 932), vehicle miles traveled or “VMT” (SB 743), and other requirements pertaining to housing (SB 330 / SB 35). Additionally, the element requires content updates to ensure it is clear, objective, internally consistent, and consistent with area plans and recommendations found in the City’s Active Transportation Plan.

These changes require the City to update the Mobility Element to implement state law and establish policy to implement the City’s active transportation plan, transit plan, and capital improvement updates. On May 9, 2024, Planning Staff presented a City Council Study Session Item (Attachment 3) outlining a proposed action plan to amend the element, which Council found appropriate provided efforts are taken to coordinate future transit plans with Sunline Transit Agency (STA).

Staff reached out to a qualified transportation engineering firm, Fehr & Peers (“traffic consultant”), from the pre-approved qualified vendor to assist in the preparation of the Mobility Element update and any necessary environmental analysis. Staff feels entering into a contract 1067
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with this consultant is in the best of the City due to their familiarity and experience with the City, County of Riverside, and CVAG. Fehr & Peers prepared the original traffic analysis for the 2016 General Plan mobility element and are familiar with the City’s circulation. Additionally, Fehr & Peers developed the Riverside County Model, RIVCOM which the City relies upon for VMT. Fehr & Peers works closely with CVAG and is able to obtain most recent traffic data and counts for the preparation of this amendment. As a result, and in accordance with Palm Desert Municipal Code § 3.30.160.I, it was determined that it would be in the best interest of the City to enter into a contract with Fehr & Peers to complete the General Plan Mobility Element Update.

Fehr & Peers has prepared a preliminary scope of work (Attachment 1) to update the element by developing transportation policies to incorporate into the element including, but not limited to:
 Vehicle Miles Traveled (VMT) transportation impacts
 Level of Service (LOS)
 Maximum allowable roadway cross section
 Consistency with State Law (SB 330, SB 35)
 Coachella Valley Passenger Rail Service
 Transit System and collaboration with Sunline Transit Agency for location of transit amenities and impacts.
 Collaboration with other agencies, such as the Coachella Valley Association of Governments (CVAG), Sunline Transit Agency (STA), among others.  Safety and Vision Zero Strategies.

Fehr and Peers fee proposal to complete the scope of work in an amount not to exceed $139,076 (Attachment 2).

Legal Review:

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

FINANCIAL IMPACT:

Funding for this contract was not included in the FY 2024-25 proposed budget as the timing of the study session for this item as after the deadline for budget requests. Approval of this contract will require an appropriation in the amount of $139,076 from Unassigned General Fund Reserves to Account 1104470-4305000 for FY 2024-25.

ATTACHMENTS:

1. Draft Professional Services Agreement
a. Fehr & Peers Proposed Scope
b. Fehr & Peers Fee Proposal

2. Update to General Plan Mobility Element Study Session Presentation 1068
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

The City and Consultant 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:

Amendment of the Palm Desert Mobility (Circulation) Element of the General Plan (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.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

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, 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 1069
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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.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be in accordance with this Agreement .

The key personnel for performance of this Agreement are as follows: JASON D. PACK.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services exercising that degree of care, skill, and diligence ordinarily exercised by professionals performing similar services in the same or similar locale and under similar circumstances that of Consultant under this Agreement . 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 1070
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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 sub-consultants 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.

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 regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 1071
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3.2.11 Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 1072
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effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall 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 and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement.

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied 1073
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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 selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) 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.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide 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.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims 1074
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arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) 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.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’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. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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 eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are 1075
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to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant 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 of this Section.

3.3 Fees and Payments.

3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, 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.
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3.5 Accounting Records.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and 1077
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other information within fifteen (15) days of the request, provided, however, City pays Consultant for its Services performed in accordance with this Agreement.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant 1078
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shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 1079
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3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
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3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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

3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service 1081
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with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND FEHR & PEERS
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:

Isra Shah
Best Best & Krieger LLP
City Attorney
FEHR &PEERS, an S Corporation
By:

Sara Brandenberg
Vice President
Printed Name:

By:

Lysa Wollard
Chief Financial Officer / Treasurer
Printed Name:
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Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “A”

Task 1: Project Management
Task 1.1: Kick-Off Meeting
The consultant will work with the City’s Project Manager to schedule a project kickoff meeting.

Task 1.3: Contract Management
The consultant will submit monthly progress reports and invoices. The progress reports will recap work associated with the monthly invoice.

Task 1 Deliverables:

1.Kick-Off Meeting Agenda, including project schedule, data needs, regular status updates/meetings, and invoicing.

2.Monthly check-in calls/meetings (agendas and meeting minutes will be provided).

3.Monthly invoices and progress reports.

Task 2.2: Existing Conditions Assessment
Using the data collected in Task 2.1, a background technical report will be prepared documenting existing conditions in the area. This will include a regulatory context summarizing recent legislative requirements the General Plan should consider, existing roadway network classifications, existing and proposed active transportation facilities, transit service, existing truck and rail facilities, and relevant census information such as commute trip information, mode split information, and relative locations of where Palm Desert residents work and vice versa. Key issues and opportunities will be documented in this report. This report will also summarize the Streetlight traffic count data on study roadway segments and will highlight areas where traffic counts have changed significantly since the 2016 assessment was completed. 1084
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The consultant will prepare a draft background technical report and submit it to the City for one round of consolidated comments.

These findings will be provided in a series of charts that will be included in the existing conditions background technical report.

Task 2 Deliverables:

1.List and map of study segments for Streetlight data collection

2.Draft background technical report, including safety assessment

3.Final background technical report, including safety assessment Task 3: Alternatives Development
Task 3.1: Engagement & Coordination
The consultant will meet with City Staff to review transportation network issues and needs based on existing and expected network operations. Additionally, the consultant will hold one council workshop to review current issues and potential opportunities with various stakeholders.

Task 3 Deliverables:

1. Council issues and opportunities workshop materials and attendance

The consultant will prepare detailed guidelines that explain how to prepare a VMT assessment for screening out projects, as well as how to prepare a VMT analysis for projects that do not screen out. The consultant will also work with City Staff to identify areas of the City where the LOS expectations may need to change. Changes will be incorporated into the Transportation 1085
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Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
Study Guidelines. Maps will be prepared to identify development locations that screen out of VMT assessment.

Task 4 Deliverables:

1.Draft Transportation Study Guidelines

Changes will also include a review of roadway cross-sections to ensure consistency within the General Plan (e.g. consistency with the area plans within the document) and consistency with other planning documents in the City (like the ATP).

Task 5 Deliverables:

1.Draft Technical Memorandum recommending changes to roadway classifications and/or the City roadway network

2.VMT modeling showing change in VMT

3. Present proposed changes (a PowerPoint presentation and present at one (1) meeting)

4.Final Technical Memorandum recommending changes to roadway classifications and/or the City roadway network with input from meeting incorporated per City Staff’s direction Task 6: Circulation Element Update
Based on recommendations provided in Task 5 and discussions with City Staff, the consultant will develop an initial set of transportation policies related to various items for incorporating into the Circulation Element Update, including but not limited to:
•VMT transportation impacts
•Level of Service (LOS)
•Maximum allowable roadway cross sections
•Consistency with other state laws (e.g. SB 330, SB 35) •Coachella Valley Passenger Rail Service
•Transit System including an evaluation of existing and proposed transit lines •Transportation Demand Management (TDM)
•Safety and Vision Zero Strategies
•Emergency Evacuation Routes
These policy changes will address changes in state law, specifically AB 1358 (Complete Streets requirement), SB 932 (Safe Systems and Vision Zero Approach requirement), SB 743, and SB 330 (clarifying roadway improvement requirements for new housing developments).

The consultant will develop the initial policies and present these policies to City Staff for review.

Task 6 Deliverables:
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Exhibit “A”
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1Draft Circulation Element Update and Implementation Matrix

This scope does not include:
•Public distribution of document
•Attendance at public hearings
•Copies
•Filing fees
•Technical studies (i.e. traffic, AQ, GHG, Noise)
Task 7 Deliverables:

1.Administrative Draft and Public Draft Addendum, SB-18 Tribal Consultation Letters, Notice of Determination, Notice of Completion.
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Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "B"

SCHEDULE OF SERVICES
(SEE FOLLOWING PAGE)
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Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "C"

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. (SEE FOLLOWING PAGE)
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3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 ***.fehrandpeers.com
May 1, 2024
Nick Melloni
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: City of Palm Desert General Plan Circulation Element Update Scope of Work P24-2461
Fehr & Peers is pleased to support the City of Palm Desert’s efforts to update the City’s General Plan Circulation Element. Fehr & Peers was part of the previous update to the Circulation Element that was last updated in 2016. Since its adoption, several state policies and regulations have been put in place addressing roadway safety, vehicle miles of travel (VMT) emergency evacuation, and other requirements. Additionally, as we have discussed, the element needs a content update is needed to ensure consistency with the area plans and consistency with recommendations in the City’s Active Transportation Plan.

Below please find the proposed scope of work, including optional tasks for the City’s consideration.

Task 1: Project Management
Task 1.1: Kick-Off Meeting
Fehr & Peers will work with the City’s Project Manager to schedule a project kickoff meeting. Fehr & Peers will prepare a draft agenda to discuss the project schedule and goals, and to confirm the approach to the transportation technical analyses, including travel demand modeling assumptions, roadway network scenarios, and the analysis scenario years. The team will also discuss available data sources and traffic count locations. In addition, we will discuss contract management and invoicing to ensure we submit invoices in accordance with City requirements.

Task 1.2: Regular Project Meetings
Recurring monthly meetings will be scheduled between Fehr & Peers and City staff to review analyses, deliverables, discuss findings, raise any issues or concerns, and provide an update on next steps.

Task 1.3: Contract Management
Fehr & Peers will submit monthly progress reports and invoices. The progress reports will recap work associated with the monthly invoice.
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Nick Melloni, City of Palm Desert
May 1, 2024

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Palm Desert City CouncilJuly 11, 2024

Palm Desert City Council
July 11, 2024