Agenda packet, regular meeting — Palm Desert City Council, October 10, 2024 (part 1 of 3)

PALM DESERT CITY COUNCIL

MEETING AGENDA

Thursday, October 10, 2024
3:30 p.m. Closed Session; 4:00 p.m. Regular Session
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California

This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.

WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City's YouTube Channel.

OPTIONS FOR PARTICIPATING IN THIS MEETING:

If unable to attend the meeting in person, you may choose from the following options:

OPTION 1: VIA EMAIL
Send your comments by email to: [email protected].

Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting.

OPTION 2: LIVE VIA ZOOM
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.

1. OPTION 3: LIVE VIA TELEPHONE

1. (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.

2. Indicate that you are a participant by pressing # to continue.

During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes.

3. Pages

1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.

2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the threeminute time limit. Speakers may utilize one of the three options listed on the first page of this agenda.

3. RECESS TO CLOSED SESSION

4. CLOSED SESSION AGENDA
The following items will be considered in closed session:

4.a Closed Session Meeting Minutes: September 12, 2024

4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1 Property Description: 73710 Fred Waring Drive, Suite 205 Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Storyliving by Disney
Under Negotiation: Price and Terms

5. ROLL CALL - REGULAR MEETING - 4:00 P.M.

6. PLEDGE OF ALLEGIANCE
Councilmember Nestande

7. INSPIRATION
Councilmember Trubee

8. REPORT OF CLOSED SESSION
City Attorney Shah

9. AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a PRESENTATION: COLLEGE OF THE DESERT CAPITAL PROJECTS AND

INSTRUCTIONAL PROGRAMS

10. CITY MANAGER COMMENTS

10.a UPDATE ON PALM DESERT IHUB

11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

12. NONAGENDA PUBLIC COMMENTS
This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting.

Palm Desert City Council Meeting Agenda
October 10, 2024
2 13. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion.

RECOMMENDATION:

To approve the consent calendar as presented.

13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND

HOUSING AUTHORITY MINUTES
9 RECOMMENDATION:

Approve the Minutes of September 26, 2024.

13.b APPROVAL OF WARRANT REGISTERS 21
RECOMMENDATION:

Approve the warrant registers issued for the period 8/30/2024 to 9/19/2024.

13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE

LICENSES
41 RECOMMENDATION:

Receive and file the application for Alcoholic Beverage License for:
1918 Winter Street ABS, LLC (Albertsons #0567) - 42095 Washington Street, Palm Desert

13.d AWARD A CONTRACT TO SOUTHERN PACIFIC CONSTRUCTION FOR THE FIRE STATION 67 RESTROOM RENOVATION (PROJECT NO.

MFA00030)
45 RECOMMENDATION:

Award a contract to Southern Pacific Construction, of Temecula, California, in the amount of $276,940.87, plus a $30,000 contingency, for the Fire Station 67 Restroom Renovation.

1. Authorize the City Attorney to make necessary nonmonetary changes to the contract.

2. Authorize the City Manager to execute the contract and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

3. 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.

4. Palm Desert City Council Meeting Agenda
October 10, 2024
3 13.e AWARD DESIGN CONTRACT TO TKE ENGINEERING, INC., FOR WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS
87 RECOMMENDATION:

Award a contract to TKE Engineering, Inc., of Riverside, California, in the amount of $360,700 for design of the Walk and Roll PD - Phase 3 Pedestrian Improvements Project (CST00002), plus a 10% contingency for unforeseen conditions.

1. Authorize the City Attorney to make necessary nonmonetary changes to the contract.

2. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other
documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

3. 13.f AWARD CONTRACT TO DBX, INC., OF TEMECULA, CALIFORNIA, FOR

THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC SIGNAL
IMPROVEMENTS (PROJECT NO. CTS0001)
141
RECOMMENDATION:

Award a contract to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a $47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal Improvements.

1. Authorize the City Attorney to make necessary nonmonetary changes to the contract.

2. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

3. 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.

4. 13.g RELEASE MAINTENANCE BOND FOR PM 37512 FOR THE REVEL LOCATED AT 74300 COUNTRY CLUB DRIVE
175
RECOMMENDATION:

Release Maintenance Bond in the amount of $5,096.07 for PM 37512 for the Revel located at 74300 Country Club Drive.

Palm Desert City Council Meeting Agenda
October 10, 2024
4 13.h THIRD AMENDED AND RESTATED DDLA AND ACTIONS RELATED TO THE CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120- 028 AND A PORTION OF 694-120-029 FOR AFFORDABLE HOUSING 181
RECOMMENDATION:

Adopt a Resolution (City) entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING A THIRD “AMENDED AND RESTATED
DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT”
REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE

CITY, AS LESSOR, THE PALM DESERT HOUSING

AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A

CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/

BORROWER/ DEVELOPER, IN CONNECTION WITH
APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY
THE CITY, AND TAKING RELATED ACTIONS.”

1. Adopt a Resolution (Housing Authority) entitled, “A RESOLUTION

OF THE PALM DESERT HOUSING AUTHORITY APPROVING A
THIRD “AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM
VILLAS AT MILLENIUM” AMONG THE AUTHORITY, AS

LENDER, THE CITY OF PALM DESERT, AS SELLER, AND

PALM COMMUNITIES, A CALIFORNIA CORPORATION, AS

BUYER/ BORROWER/ DEVELOPER, APPROPRIATING FUNDS

IN CONNECTION THEREWITH, AND TAKING RELATED
ACTIONS.”

2. Authorize Mayor/Chairperson, staff, and legal counsel to negotiate, execute and record agreements and necessary documents to effectuate the resolutions, including the conveyance of the Property, the funding commitments, and related actions for the Project as set forth in the Third Amended and Restated DDLA.

3. 14. ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda.

14.a 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL FUNDING 243 RECOMMENDATION:

Approve funding in the amount of $25,000 for the inaugural California Desert Plein Air Festival.

14.b ADOPT A POLICY FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS

PART OF THE BUILDING PERMIT PROCESS
271
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS.”
Palm Desert City Council Meeting Agenda
October 10, 2024
5 15. PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the threeminute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the first page of this agenda.

15.a CONSIDERATION TO APPROVE A PRECISE PLAN AMENDMENT FOR A 1,103-SQUARE-FOOT GUESTHOUSE AT 72240 UPPER WAY WEST
279
RECOMMENDATION:

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

THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103-SQUARE-FOOT GUESTHOUSE ON A
PROPERTY LOCATED AT 72240 UPPER WAY WEST.”

15.b ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT
345
RECOMMENDATION:

1. Conduct the public hearing and receive public testimony.

2. Adopt the Substantial Amendment to PY 2020 Annual Action Plan.

Authorize the Director of Finance to appropriate $176,000 to CDBG Program Expenditure Account No. 2204649-4400100,
Palma Village Park Capital Project.

3. Approve the Project agreement amendment with the Joslyn Center.

4. 15.c INTRODUCE AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY

FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE

HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF

EXEMPTION UNDER CEQA
397
RECOMMENDATION:

Hold a public hearing and introduce an Ordinance entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL
CODE CHAPTER 5.10, SHORT TERM RENTALS AND MAKING
A FINDING OF EXEMPTION UNDER CEQA.”

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

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP

EXTENSIONS FOR THE TERMINATION AND AMORTIZATION

OF SHORT-TERM RENTALS WITHIN THE HILLSIDE PLANNED
RESIDENTIAL (HPR) ZONE.”

2. Palm Desert City Council Meeting Agenda
October 10, 2024
6 15.d INTRODUCTION OF AN ORDINANCE TO ADD CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING

PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A

FINDING OF EXEMPTION UNDER CEQA
427
RECOMMENDATION:

Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING
CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE

REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND
MAKING A FINDING OF EXEMPTION UNDER CEQA.”

15.e INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT
MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS

AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
443
RECOMMENDATION:

Hold a public hearing and introduce an Ordinance entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,

CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER

2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.”

15.f ADOPT A RESOLUTION AMENDING THE TRANSPORTATION

UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL

DEVELOPMENTS IN THE CITY OF PALM DESERT AND FINDING THE

ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15378
RECOMMENDATION:

Continue the item to a date uncertain.

16. INFORMATION ITEMS

17. ADJOURNMENT
Palm Desert City Council Meeting Agenda
October 10, 2024
7 18. PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page.

Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible.

AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting.
/S/ Níamh M. Ortega, CMC
Assistant City Clerk
Palm Desert City Council Meeting Agenda
October 10, 2024
8 1
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes
September 26, 2024, 4:00 p.m.

Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla

1. CALL TO ORDER
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, September 26, 2024, at 4:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE
Councilmember Trubee led the Pledge of Allegiance.

4. INSPIRATION
Councilmember Kelly provided words of inspiration.

5. AWARDS, PRESENTATIONS, AND APPOINTMENTS

5.a PROCLAMATION: FIRE PREVENTION AND MINI-MUSTER MONTH Mayor Quintanilla presented a proclamation to the staff of the Historical Society of Palm Desert in honor of Fire Prevention and Mini-Muster Month.

5.b PRESENTATION: CALIFORNIA STATE UNIVERSITY SAN BERNARDINO

PRESIDENT TOMAS MORALES
California State University, San Bernardino, President Tomas Morales provided an update highlighting the partnership with the City of Palm Desert, the iHub, and the CSUSB Palm Desert campuses, and shared the planned programming and opportunities that would be available now and in the future.

6. CITY MANAGER COMMENTS

6.a PRESENTATION ON CRIME TRENDS AND LAW ENFORCEMENT SERVICE LEVELS
Lt. Porras narrated a PowerPoint presentation and responded to City Council inquiries.
9 Palm Desert City Council Meeting Minutes
September 26, 2024
2 7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events.

Councilmember Kelly noted that there was a petition submitted regarding Hovley Park maintenance and amenities, and responding to question, City Manager Hileman noted that a response had been provided to the resident and the City Council, and was included with the agenda materials as non-agenda public comment. Mayor Quintanilla noted the existence of a Hispanic American Chamber of Commerce in the Coachella Valley, and shared that Hispanic Heritage Month is recognized from mid-September through mid-October.

8. NONAGENDA PUBLIC COMMENTS
Alejandro Veracruz, Palm Desert resident, shared his opinions on candidates running for election to represent Districts 1, 2 and 3.

John Yambao stated he took offense to the tone of comments of two speakers at the prior Council meeting who spoke regarding the mayor's demeanor and previous Facebook post relative to the Patriot Store; expressed gratitude for the City Council for their service; and shared his experience at and opinion of the Patriot Store on El Paseo.

Brad Anderson, Rancho Mirage resident, encouraged residents to examine the political cycle in Palm Desert and other valley agencies, and spoke in opposition to Measure G.

Storm Jenkins, Palm Desert resident, expressed he took exception to the Mayor's comments regarding her Facebook post relative to the Patriot Store, noted he had proposed a resolution to censure the Mayor, encouraged the City Council to place the item on the next agenda for consideration, expressed disappointment that he has not been contacted by any Councilmember to date, and encouraged them to contact him directly for discussion.

9. CONSENT CALENDAR
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
To approve the consent calendar excluding Items 9c, 9e, 9f, 9i, 9j, 9p and 9s, which were held over for separate discussion.

Motion Carried (5 to 0)

9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING

AUTHORITY MINUTES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the Minutes of September 12, 2024.

Motion Carried (5 to 0)
10 Palm Desert City Council Meeting Minutes
September 26, 2024
3 9.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the warrant registers issued September 5 - September 13, 2024.

Motion Carried (5 to 0)

9.d APPROVAL OF AGREEMENTS NO. C48380 A-Z WITH WORKDAY, INC.,

RELATED TO THE IMPLEMENTATION OF A NEW ENTERPRISE RESOURCE

PLANNING (ERP) SYSTEM
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Approve Agreements No. C48380 A-Z with Workday, Inc., for the acquisition and implementation of a new enterprise resource planning system.

2. Appropriate $393,353 to the Information Technology Special Programs Account Number 1104190-4390000 from unobligated General Fund Reserves for implementation, training, and 10% contingency.

3. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements.

4. Authorized the City Manager to execute the agreement, future amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

Motion Carried (5 to 0)

9.g RESOLUTION NO. 2024-070 TO ADOPT THE CITY OF PALM DESERT

CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Adopt Resolution No. 2024-070 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION 2022-97.”
Motion Carried (5 to 0)
11 Palm Desert City Council Meeting Minutes
September 26, 2024
4 9.h AWARD CONTRACTS NO. C48400 A-C TO MULTIPLE CONSULTANTS FOR

GRANT WRITING AND ADVOCACY SERVICES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Award Contracts No. C48400 A-C to The Criscom Company, Ardurra Group, Inc., and Engineering Solutions Services for the grant writing and advocacy services for an aggregate amount between selected firms, not to exceed $200,000 per fiscal year.

2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements.

3. Authorize the City Manager to execute the agreements and any other documents necessary to effectuate this action, in accordance with Section

3.30.170 of the Palm Desert Municipal Code.

Motion Carried (5 to 0)

9.k APPROVAL OF THE 2024 PALM DESERT GOLF CART PARADE
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Permit the sale, possession, and consumption of alcoholic beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040.

2. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound.

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

Motion Carried (5 to 0)

9.l HOUSING AUTHORITY RESOLUTIONS NO. HA-125 and HA-126 TO AMEND

AND RESTATE THE BYLAWS OF THE PALM DESERT HOUSING

AUTHORITY AND PALM DESERT HOUSING COMMISSION
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Adopt Resolution No. HA-125 entitled, “A RESOLUTION OF THE PALM

DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT,

CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE
PALM DESERT HOUSING AUTHORITY.”

2. Adopt Resolution No. HA-126 entitled, “A RESOLUTION OF THE PALM

DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT,

CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE
PALM DESERT HOUSING COMMISSION.”
Motion Carried (5 to 0)
12 Palm Desert City Council Meeting Minutes
September 26, 2024
5 9.m RATIFY TKE ENGINEERING, INC., FOR ON-CALL CONSTRUCTION

MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY PROPERTIES Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Ratify the award of contract to TKE Engineering, Inc., as an additional consultant to the On-Call Construction Management Services contract for the Housing Authority properties in a shared aggregate amount with the City in an amount not to exceed $11,739,394.

2. Authorize the City to administer the contract on behalf of the Housing Authority and authorize the City Manager to execute contract and subsequent task orders.

3. Direct the Directors of Finance, Public Works, and Capital Projects to review annual expenditures and performance of the vendor under this contract.

Motion Carried (5 to 0)

9.n REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL

SERVICES AT HOUSING AUTHORITY PROPERTIES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Reject all proposals submitted for Courtesy Patrol Services at Palm Desert Housing Authority owned properties.

2. Authorize staff’s request to solicit proposals for camera system installation and off-site monitoring services.

Motion Carried (5 to 0)

9.o AUTHORIZE PARTICIPATION AND FUNDING COMMITMENT FOR IMPERIAL

IRRIGATION DISTRICT ENERGY PARTNERSHIP TO DEVELOP NEW

SUBSTATION
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Authorize the City’s participation in the Imperial Irrigation District Energy Partnership for the development of a new substation, including a commitment to funding and reservation of energy capacity, and authorize the City Manager to execute all necessary agreements.

2. Appropriate $950,000 from General Fund reserves and transfer out to Capital Project Budget North Sphere Electric Substation Account 4004258-4400100.

Motion Carried (5 to 0)
13 Palm Desert City Council Meeting Minutes
September 26, 2024
6 9.q RESOLUTION NO. 2024-071 APPROVING FINAL PARCEL MAP 37234 AND

ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik

1. Adopt Resolution No. 2024-071 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 37234”

2. Authorize the City Attorney to make necessary nonmonetary changes to the agreement.

3. Authorize the City Manager to execute the Subdivision Improvement Agreement.

Motion Carried (5 to 0)

9.r RESOLUTION NO. 2024-072 ADOPTING POLICY CLRK-002: THREATS OF

VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Adopt Resolution No. 2024-072 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORIA, ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL
MEMBERS AND CANDIDATES.”
Motion Carried (5 to 0)
14 Palm Desert City Council Meeting Minutes
September 26, 2024
7 CONSENT ITEMS HELD OVER

9.c RESOLUTION NO. 2024-069 TO APPROVE THE ARTIFICIAL
TURF/SYNTHETIC GRASS ADMINISTRATIVE POLICY NO. PW-001
The following individuals spoke in opposition to Item 9c, Approval of Artificial Turf/Synthetic Grass Administrative Policy:
• Mark Yates, PurchaseGreen representative
• Paul Donhauser, Estate Greens founder
• Joanne Borchert, PurchaseGreen owner
• Brad Anderson, Rancho Mirage resident
Management Analyst Breyer provided a staff report and responded to City Council inquiries.

Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Adopt Resolution No. 2024-069 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW-001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS-OF-WAY.” NOES (2): Councilmember Nestande, and Councilmember Trubee Motion Carried (3 to 2)

9.e UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT

PROGRAM FOR PALM DESERT BUSINESSES
Josh Hines, Visit GPS representative, thanked the City Council and staff for bringing the item forward, and expressed his enthusiasm to see the item pass.

Economic Development Director Ceja provided a staff report and responded to City Council inquiries.

Motion by: Mayor Quintanilla
Seconded by: Councilmember Trubee

1. Approve the Unite Palm Desert Autism Certification Reimbursement Program (ACRP).

2. Authorize Director of Finance to transfer $30,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Autism Certification Reimbursement Program (ACRP).

3. Authorize City Manager to execute all documents required to effectuate the program.

Motion Carried (5 to 0)
15 Palm Desert City Council Meeting Minutes
September 26, 2024
8 9.f AWARD CONTRACTS NO. C48390 A-Z TO MULTIPLE CONSULTANTS FOR

ON-CALL TRAFFIC CONSULTING AND DESIGN SERVICES
Public Works Deputy Director Chavez provided a staff report and responded to City Council inquiries.

Motion by: Councilmember Trubee
Seconded by: Councilmember Nestande

1. Award Professional Services Agreements No. C48390 A-Z with multiple consultants for on-call traffic consulting and design services, with an annual aggregate amount not to exceed $1,000,000 (per fiscal year) for a three-year term, with two one-year extension options.

2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements.

3. Authorize the City Manager to execute the agreements and to approve up to two additional one-year terms per contract.

Motion Carried (5 to 0)

9.i APPROVAL OF THE UNITE PALM DESERT BUSINESS EMERGENCY

ASSISTANCE PROGRAM (BEAP)
Economic Development Director Ceja presented a staff report, noted the addition of a criterion that the business be in good standing with the City and in existence for three years, and responded to City Council inquiries.

Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Kelly

1. Approve the Unite Palm Desert Business Emergency Assistance Program (BEAP).

2. Authorize Director of Finance to transfer $100,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Business Emergency Assistance Program (BEAP).

3. Authorize the City Manager to modify evaluation guidelines and criteria for BEAP

4. Authorize City Manager to execute all documents required to effectuate the program.

Motion Carried (5 to 0)
16 Palm Desert City Council Meeting Minutes
September 26, 2024
9 9.j INFORMATIONAL REPORT ON THE COMPREHENSIVE CLIMATE ACTION PLAN
Donald Ziegler, spoke in general support of Item 9j relative to the Comprehensive Climate Action Plan; expressed concern regarding items that were marked "No" on Page 4 of the report (Renewable Energy Generation); and acknowledged that the document is a working draft.

Economic Development Deputy Director Lawrence presented a staff report and responded to City Council inquiries.

Motion by: Councilmember Nestande
Seconded by: Councilmember Trubee
Receive and file an update on the Comprehensive Climate Action Plan.

Motion Carried (5 to 0)

9.p RATIFY AMENDMENT NOS. 1, 2, AND 3 TO CONTRACT NO. C44200 WITH

HERMANN DESIGN GROUP FOR THE DESERT WILLOW GREENS AND TEE BOX RENOVATION AND TURF REDUCTION (MLS00005)
Public Works Director Alvarez presented a staff report and responded to City Council inquiries.

Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. Ratify Amendment Nos. 1, 2, and 3 to Contract No. C44200 with Hermann Design Group for the Desert Willow Greens and Tee Box Renovation and Turf Reduction Project for a total amount of $31,085.

2. Authorize the City Manager to execute the amendment and any documents necessary to effectuate the actions taken herewith.

Motion Carried (5 to 0)

9.s STREET SWEEPING UPDATE
Public Works Deputy Director Chavez presented a staff report and responded to City Council inquiries.

Councilmember Kelly requested a reliable schedule for street sweeping without the need for an app.

Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Receive and file an update on street sweeping.

Motion Carried (5 to 0)
17 Palm Desert City Council Meeting Minutes
September 26, 2024
10 10. ACTION CALENDAR

10.a APPROVE AN AFFORDABILITY RESTRICTION AND REGULATORY

AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS,

LLC, INCLUDING A CONCESSION PROVIDING FOR REIMBURSEMENT OF IMPACT FEES FROM THE CITY’S HOUSING MITIGATION FEES
Mayor Pro Tem Harnik recused herself, consistent with FPPC Regulation 18707, due to business entity interests in her spouse's corporation, Brian S. Harnik, Inc., and the Roemer and Harnik LLP law firm of which he is a partner. In addition, she recused herself due to a source of income interest in clients of her husband's law firm, which includes Claudio Bravo, a principal of the applicant. Mayor Pro Tem Harnik left the Council Chamber at this time.

Senior Grants & Contracts Analyst Barron narrated a PowerPoint presentation and responded to City Council inquiries.

Motion by: Councilmember Kelly
Seconded by: Councilmember Trubee

1. Adopt Resolution No. 2024-073 entitled, “A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING (1) AFFORDABILITY

RESTRICTIONS AND REGULATORY AGREEMENT (DENSITY BONUS)
WITH BRAVO GARDEN APARTMENTS, LLC REGARDING A MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH 388 TOTAL APARTMENTS, WITH 20% RESTRICTED TO VERY LOW INCOME AND
LOW INCOME HOUSEHOLDS; AND (2) A DEVELOPMENT FEE

AGREEMENT FOR THE USE OF HOUSING MITIGATION FEES IN AN
AMOUNT NOT TO EXCEED $180,000 AS REIMBURSEMENT TO
DEVELOPER IN EXCHANGE FOR RESTRICTING 5 UNITS TO
QUALIFYING HOUSEHOLDS WITH LOCAL EMPLOYEES.”

2. Approve the Affordability Restriction and Regulatory Agreement by and between the City of Palm Desert and Bravo Garden Apartments, LLC, in accordance with the conditions of approval adopted by Resolution No. 2018-18, for the development of 388 units known as Bravo Garden Apartments, a multifamily rental housing project located at located on Hovley Lane, Palm Desert, California, substantially as to form.

3. Authorize the Development Fee Agreement for the use of Housing Mitigation fees up to $180,000 to reimburse the developer for the fees attributable to five units restricted for occupancy for qualifying residents who work within the Palm Desert city limits.
[MOTION CONTINUES ON PAGE 11]
18 Palm Desert City Council Meeting Minutes
September 26, 2024
11 [MOTION CONTINUED FROM PAGE 10]

4. Authorize the City Manager or his designee, and/or legal counsel to negotiate and finalize the Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof.

5. Authorize the Mayor and/or City Manager to execute and deliver the finalized Agreement, for and in the name of the City, the Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Agreement.

RECUSED (1): Mayor Pro Tem Harnik
Motion Carried (4 to 0)
Following the vote, Mayor Pro Tem Harnik returned to the Council Chamber.

11. PUBLIC HEARINGS

11.a HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON FISCAL YEAR 2023/24 COMPREHENSIVE ANNUAL PERFORMANCE AND

EVALUATION REPORT
Mayor Quintanilla opened the public hearing.

Senior Grants & Contracts Analyst Barron narrated a PowerPoint presentation and responded to City Council inquiries.

Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak.

Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Conduct a public hearing to receive public comments on the City’s Fiscal Year 2023/24 Comprehensive Annual Performance and Evaluation Report.

Motion Carried (5 to 0)

12. INFORMATION ITEMS
None.
19 Palm Desert City Council Meeting Minutes
September 26, 2024
12 13. ADJOURNMENT
The City Council adjourned at 5:54 p.m.

Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
20 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/30/2024 - 8/30/2024
City of Palm Desert
Account Number
WR 22180833 08/30/2024 US BANK 3534394 4363500 Interest Due 2610131 91,500.00 WR 22180833 08/30/2024 US BANK 3534394 4364500 Principal Due 2610131 280,000.00 WR 38636091 08/30/2024 P E R S 1100000 2161100 PERS - 1105 08/31/2024 100000017603391 615.32 WR 38636091 08/30/2024 P E R S 1104150 4111500 Rounding - 1105 08/31/2024 100000017603391 0.01 WR 38636189 08/30/2024 P E R S 1104150 4111500 Rounding - 26565 08/31/2024 100000017603446 0.04 WR 38636189 08/30/2024 P E R S 1100000 2161100 PERS - 26565 08/31/2024 100000017603446 2,432.08 WR 39991815 08/30/2024 STERLING ADMINISTRATION 1100000 2161600 FSA HEALTH CARE 08/28/2024 801064 3,291.66 WR 39991815 08/30/2024 STERLING ADMINISTRATION 1100000 2161600 FSA DEPENDANT CARE 08/28/2024 801064 1,438.32 WR 4644445 08/30/2024 ORANGE COAST TITLE COMPANY-OF 8734699 4400100 DR-24-75475-3 350-2405090-11 5,000.00 WR 51228784 08/30/2024 Empower Retirement LLC 1100000 2162100 DEFERRED COMP PAYDAY 08/28/24 1217610235 4,390.00 WR 51228784 08/30/2024 Empower Retirement LLC 1100000 2162300 Deferred Comp PayDay 08/28/24 1217610235 22,352.23 WR 51228784 08/30/2024 Empower Retirement LLC 6100000 1029100 DEFERRED COMP PAYDAY 08/28/24 1217610235 4,390.00 WR 51228784 08/30/2024 Empower Retirement LLC 6100000 2162300 Deferred Comp PayDay 08/28/24 1217610235 -22,352.23 WR 51228784 08/30/2024 Empower Retirement LLC 6100000 1029300 Deferred Comp PayDay 08/28/24 1217610235 22,352.23 WR 51228784 08/30/2024 Empower Retirement LLC 6100000 2162100 DEFERRED COMP PAYDAY 08/28/24 1217610235 -4,390.00 WR 51257041 08/30/2024 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 08/28/2024 7968394 25,362.83 WR 51296563 08/30/2024 P E R S 1104150 4111500 Rounding 26565 08/23/2024 100000017603428 0.45 WR 51296563 08/30/2024 P E R S 1100000 2161100 PERS 26565 08/23/2024 100000017603428 62,830.79 WR 51341075 08/30/2024 Empower Retirement LLC 6100000 2162201 401-A Retire PayDay: 08/28/24 1217610998 -15,981.91 WR 51341075 08/30/2024 Empower Retirement LLC 6100000 1029201 401-A Retire PayDay: 08/28/24 1217610998 15,981.91 WR 51341075 08/30/2024 Empower Retirement LLC 1100000 2162201 401-A Retire PayDay: 08/28/24 1217610998 15,981.91 WR 51363707 08/30/2024 STERLING ADMINISTRATION 1100000 2161600 FSA HEALTH CARE 08/14/2024 799810 3,291.66 WR 51363707 08/30/2024 STERLING ADMINISTRATION 1100000 2161600 FSA DEPENDANT CARE 08/14/2024 799810 1,438.32 WR 51420688 08/30/2024 P E R S 1100000 2161100 PERS 1105 08/23/2024 100000017603379 54,329.74 WR 51420688 08/30/2024 P E R S 1104150 4111500 Rounding 1105 08/23/2024 100000017603379 0.23 WR 53042171 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 08/14/2024 05849586 61,061.11 WR 53042171 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160101 SocialSec W/H P/D 08/14/2024 05849586 1,249.60 Report Date 08/30/2024 Page 1
City and Housing
Docusign Envelope ID: 58059A50-3528-4ED2-BCA7-66C7BE67D563 21 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/30/2024 - 8/30/2024
City of Palm Desert
Account Number
WR 53042171 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 08/14/2024 05849586 17,904.37 WR 53635837 08/30/2024 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium Emp 08/2024 100000017613512 221,760.54 WR 53635837 08/30/2024 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 Health Premium CC 08/2024 100000017613512 7,454.83 WR 53635837 08/30/2024 PUBLIC EMPLOYEES' RETIREMENT 5764192 4119000 Health Premium Retiree 08/2024 100000017613512 16,120.88 WR 53635837 08/30/2024 PUBLIC EMPLOYEES' RETIREMENT 1100000 2160800 EMP ADJ 08/2024 100000017613512 3,328.85 WR 56232231 08/30/2024 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 08/14/2024 7952855 25,310.37 WR 56606708 08/30/2024 P E R S 1100000 2161100 PERS 26565 08/09/2024 100000017603410 63,246.20 WR 56606708 08/30/2024 P E R S 1104150 4111500 Rounding 26565 08/09/2024 100000017603410 0.42 WR 56740976 08/30/2024 P E R S 1100000 2161100 PERS 1105 08/09/2024 100000017603356 54,329.74 WR 56740976 08/30/2024 P E R S 1104150 4111500 Rounding 1105 08/09/2024 100000017603356 0.23 WR 56977206 08/30/2024 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 08/28/24 6458228 7,441.44 WR 56977206 08/30/2024 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 08/28/24 6458228 7,441.44 WR 56977206 08/30/2024 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 08/28/24 6458228 -7,441.44 WR 57583836 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 08/28/2024 71724910 61,991.59 WR 57583836 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160101 SocialSec W/H P/D 08/28/2024 71724910 1,249.60 WR 57583836 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 08/28/2024 71724910 17,964.26 WR 60051193 08/30/2024 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 07/31/2024 7924119 26,976.03 WR 60093895 08/30/2024 P E R S 1104150 4111500 Rounding 1105 07/26/2024 100000017564025 0.23 WR 60093895 08/30/2024 P E R S 1100000 2161100 PERS 1105 07/26/2024 100000017564025 54,581.64 WR 60263981 08/30/2024 P E R S 1100000 2161100 PERS 26565 07/26/2024 100000017564100 62,726.04 WR 60263981 08/30/2024 P E R S 1104150 4111500 Rounding 26565 07/26/2024 100000017564100 1.08 WR 60986319 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 08/09/2024 24496530 862.96 WR 60986319 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 08/09/2024 24496530 452.96 WR 64744993 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 07/31/2024 50516801 67,654.24 WR 64744993 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160101 SocialSec W/H P/D 07/31/2024 50516801 1,180.84 WR 64744993 08/30/2024 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 07/31/2024 50516801 18,358.55 WR 66136335 08/30/2024 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 08/09/24 6754687 233.76 Report Date 08/30/2024 Page 2
City and Housing
Docusign Envelope ID: 58059A50-3528-4ED2-BCA7-66C7BE67D563 22 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/30/2024 - 8/30/2024
City of Palm Desert
Account Number
WR 66136335 08/30/2024 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 08/09/24 6754687 233.76 WR 66136335 08/30/2024 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 08/09/24 6754687 -233.76 WR 67979235 08/30/2024 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 07-31-24 2505436277 336.86 WR 67979235 08/30/2024 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 07-31-24 2505436277 756.44 WR 70354599 08/30/2024 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 07/31/24 6243372 7,426.64 WR 70354599 08/30/2024 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 07/31/24 6243372 7,426.64 WR 70354599 08/30/2024 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 07/31/24 6243372 -7,426.64 WR 71488618 08/30/2024 Empower Retirement LLC 1100000 2162201 401-A Retire PayDay: 07/31/24 1209836155 15,449.77 WR 71488618 08/30/2024 Empower Retirement LLC 6100000 1029201 401-A Retire PayDay: 07/31/24 1209836155 15,449.77 WR 71488618 08/30/2024 Empower Retirement LLC 6100000 2162201 401-A Retire PayDay: 07/31/24 1209836155 -15,449.77 WR 71489420 08/30/2024 Empower Retirement LLC 6100000 2162300 Deferred Comp PayDay 07/31/24 1209829259 -18,414.27 WR 71489420 08/30/2024 Empower Retirement LLC 6100000 1029300 Deferred Comp PayDay 07/31/24 1209829259 18,414.27 WR 71489420 08/30/2024 Empower Retirement LLC 6100000 2162100 DEFERRED COMP PAYDAY 07/17/24 1209829259 -3,515.00 WR 71489420 08/30/2024 Empower Retirement LLC 1100000 2162300 Deferred Comp PayDay 07/31/24 1209829259 18,414.27 WR 71489420 08/30/2024 Empower Retirement LLC 6100000 1029100 DEFERRED COMP PAYDAY 07/17/24 1209829259 3,515.00 WR 71489420 08/30/2024 Empower Retirement LLC 1100000 2162100 DEFERRED COMP PAYDAY 07/17/24 1209829259 3,515.00 WR 74791852 08/30/2024 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 08/09/2024 7945633 99.98 WR 76661046 08/30/2024 I C M A RETIREMENT TRUST 1100000 2162600 Retire Hlth Sv-PayDay 08/14/24 6441121 7,496.54 WR 76661046 08/30/2024 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 08/14/24 6441121 7,496.54 WR 76661046 08/30/2024 I C M A RETIREMENT TRUST 6100000 2162200 Retire Hlth Sv-PayDay 08/14/24 6441121 -7,496.54 WR 77277173 08/30/2024 Empower Retirement LLC 1100000 2162300 Deferred Comp PayDay 08/14/24 1213984945 22,350.89 WR 77277173 08/30/2024 Empower Retirement LLC 6100000 2162300 Deferred Comp PayDay 08/14/24 1213984945 -22,350.89 WR 77277173 08/30/2024 Empower Retirement LLC 6100000 1029300 Deferred Comp PayDay 08/14/24 1213984945 22,350.89 WR 77277173 08/30/2024 Empower Retirement LLC 6100000 2162100 DEFERRED COMP PAYDAY 08/14/24 1213984945 -4,390.00 WR 77277173 08/30/2024 Empower Retirement LLC 6100000 1029100 DEFERRED COMP PAYDAY 08/14/24 1213984945 4,390.00 WR 77277173 08/30/2024 Empower Retirement LLC 1100000 2162100 DEFERRED COMP PAYDAY 08/14/24 1213984945 4,390.00 WR 77564207 08/30/2024 Empower Retirement LLC 1100000 2162201 401-A Retire PayDay: 08/14/24 1213985913 16,262.37 Report Date 08/30/2024 Page 3
City and Housing
Docusign Envelope ID: 58059A50-3528-4ED2-BCA7-66C7BE67D563 23 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
8/30/2024 - 8/30/2024
City of Palm Desert
Account Number
WR 77564207 08/30/2024 Empower Retirement LLC 6100000 2162201 401-A Retire PayDay: 08/14/24 1213985913 -16,262.37 WR 77564207 08/30/2024 Empower Retirement LLC 6100000 1029201 401-A Retire PayDay: 08/14/24 1213985913 16,262.37 WR 91388447 08/30/2024 US BANK 3544394 4363500 Interest Due 2652001 279,000.00 WR 91388447 08/30/2024 US BANK 3544394 4364500 Principal Due 2652001 315,000.00 WR 91388457 08/30/2024 US BANK 3914790 4363500 Interest Due 2599990 17,737.51 WR 91388457 08/30/2024 US BANK 3914790 4364500 Principal Due 2599990 120,000.00 WR 91388479 08/30/2024 US BANK 3154350 4363500 Interest Due 2652002 169,435.03 WR 91388479 08/30/2024 US BANK 3154350 4364400 Premium Due 2652002 38,700.00 WR 91388479 08/30/2024 US BANK 3154350 4364500 Principal Due 2652002 2,105,000.00 Examined and Approved Total For Bank ID - WR
4,509,069.25 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 08/30/2024 Page 4
City and Housing
Docusign Envelope ID: 58059A50-3528-4ED2-BCA7-66C7BE67D563 24 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/18/2024 - 9/18/2024
City of Palm Desert
Account Number
W1 02004352 09/18/2024 LEAL, RALPH 1100000 1150100 ADV LODG LEAL 9/22 - 9/27/24 ADV LODG 9/22/24 813.58 W1 02004352 09/18/2024 LEAL, RALPH 1100000 1150100 ADV PRDM LEAL 9/22 - 9/27/24 ADV PRDM 9/22/24 352.00 Examined and Approved Total For Bank ID - W1
1,165.58 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 09/18/2024 Page 1
City and Housing
Docusign Envelope ID: 2EFB7BE8-86BF-4117-8C7A-27664C25DE2E 25 26
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 00002680 09/19/2024 A+ WINDOW & GUTTER CLEANING 1104330 4331000 R/M BLDGS - CORPYARD 9206 900.00 W1 00002680 09/19/2024 A+ WINDOW & GUTTER CLEANING 1104800 4388500 R/M BLGS - ARTIST CTR 9196 1,325.00 W1 00002680 09/19/2024 A+ WINDOW & GUTTER CLEANING 1104800 4388500 R/M BLGS - ARTIST CTR 9187 750.00 W1 00002680 09/19/2024 A+ WINDOW & GUTTER CLEANING 2304220 4331000 R/M BLDGS - FS #67 9159 750.00 W1 00002680 09/19/2024 A+ WINDOW & GUTTER CLEANING 2304220 4331000 R/M BLDGS - FS #71 9166 750.00 W1 00002680 09/19/2024 A+ WINDOW & GUTTER CLEANING 2304220 4331000 R/M BLDGS - FS #67 9146 905.00 W1 00002681 09/19/2024 Amazon Capital Services Inc. 1104211 4306001 COPS 1st Aid Kits/Eye Wash Sol 1D4C-YPXJ-J9CQ 130.00 W1 00002681 09/19/2024 Amazon Capital Services Inc. 2524662 4211200 Physical Book purchase 1WM3-NVGJ-JYWW 12.88 W1 00002682 09/19/2024 BPB FEST INC 1104430 4309102 AEG/COACHELLA PJT -7/1-12/31 1 16,500.00 W1 00002683 09/19/2024 BRODART CO 2524662 4344100 UNIVERSAL BK LEASE 7.1-6.30.25 M213156 4,425.29 W1 00002684 09/19/2024 C V A G 6100000 2282500 AUG 2024 TUMF PDTUMF082024 27,400.00 W1 00002685 09/19/2024 CDW LLC 1104190 4212000 Tripp 6in DP to HDMI AA4PZ1M 49.75 W1 00002685 09/19/2024 CDW LLC 1104190 4212000 Kodak Pixpro Digital Camera AA4TD2X 247.09 W1 00002685 09/19/2024 CDW LLC 5304190 4404000 R-Ricoh Scanner AA4PZ1M 1,044.71 W1 00002686 09/19/2024 CENTRAL SQUARE TECHNOLOGIES LLC 1104190 4309000 Pub Ad Consult 8/11/24-8/17/24 418852 495.00 W1 00002687 09/19/2024 COACHELLA VALLEY CONSERVATION 6100000 2280800 AUG 2024 MSHCP PDMSHCP082024 16,850.00 W1 00002687 09/19/2024 COACHELLA VALLEY CONSERVATION 6100000 2280800 LESS1% ADMIN FEE PDMSHCP082024 -168.50 W1 00002688 09/19/2024 County of Riverside Sheriff 1104210 4304000 7/1-7/24 Law Enforcement Svcs SH0000046469 792,470.66 W1 00002688 09/19/2024 County of Riverside Sheriff 1104210 4309203 24/25 RSO Law Enforcement SH0000046469 523,731.29 W1 00002688 09/19/2024 County of Riverside Sheriff 1104210 4309204 FY 24/25 RSO Law Enforcement SH0000046469 44,222.07 W1 00002689 09/19/2024 DEVEAU BURR GROUP LLC 1104159 4309000 Stay registered QTR filing fee 437 250.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 234LD4 MAINTENANCE FBN5130035 136.25 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 234LD4 ADDTL MAINT FBN5130035 76.85 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PJ MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3QC MAINTENANCE FBN5130035 110.20 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3RD MAINTENANCE FBN5130035 107.97 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V458 MAINTENANCE FBN5130035 111.83 Report Date 09/19/2024 Page 1
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 27 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PN MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3S3 MAINTENANCE FBN5130035 121.08 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3PC MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQF MAINTENANCE FBN5130035 103.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQF ADDTL MAINT FBN5130035 75.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3C MAINTENANCE FBN5130035 109.96 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3H MAINTENANCE FBN5130035 109.96 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG55 MAINTENANCE FBN5130035 107.97 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG58 MAINTENANCE FBN5130035 94.67 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQG MAINTENANCE FBN5130035 238.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG42 MAINTENANCE FBN5130035 107.97 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5R MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5W MAINTENANCE FBN5130035 103.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQB MAINTENANCE FBN5130035 147.15 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MTQD MAINTENANCE FBN5130035 141.73 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG34 MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG4H MAINTENANCE FBN5130035 107.97 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG3S MAINTENANCE FBN5130035 94.67 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG5X MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MG63 MAINTENANCE FBN5130035 103.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MP7V MAINTENANCE FBN5130035 63.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22MP7V ADDITIONAL MAINT FBN5130035 6.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3QW MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3MJ MAINTENANCE FBN5130035 103.00 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3NF MAINTENANCE FBN5130035 109.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P3 MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P5 MAINTENANCE FBN5130035 111.83 Report Date 09/19/2024 Page 2
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 28 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 00002690 09/19/2024 ENTERPRISE FM TRUST 1104331 4334000 22V3P8 MAINTENANCE FBN5130035 111.83 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 234LD4 LEASE FBN5130035 698.69 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PJ LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3QC LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3RD LEASE FBN5130035 24.97 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V458 LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PN LEASE FBN5130035 45.05 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3S3 LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3PC LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQF LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3C LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3H LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG55 LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG58 LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQG LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG42 LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5R LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5W LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQB LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MTQD LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG34 LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG4H LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG3S LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG5X LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MG63 LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22MP7V LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3QW LEASE FBN5130035 33.37 Report Date 09/19/2024 Page 3
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 29 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3MJ LEASE FBN5130035 191.76 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3NF LEASE FBN5130035 26.94 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P3 LEASE FBN5130035 44.31 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P5 LEASE FBN5130035 44.31 W1 00002690 09/19/2024 ENTERPRISE FM TRUST 5304331 4344000 22V3P8 LEASE FBN5130035 26.94 W1 00002691 09/19/2024 FEDERAL EXPRESS CORP. 1104300 4366000 GLDNVOICE DEVLP CONCEPT 8-605-67745 29.27 W1 00002691 09/19/2024 FEDERAL EXPRESS CORP. 1104300 4366000 TRAFFIC PLANS 2-301-89217 44.72 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 Public Relations PDAC- SP24 10266 93.93 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 Outdoor plan. Lamar AG24 10266 2,200.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 U92 PDAC- AG24 758661 10266 550.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 U92, PDAC AG24 758667-2 10266 1,380.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 MIX PDAC AG24 758670-2 10266 1,440.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 PDAC Photo Shoot Poster 10266 93.93 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 MIX PDAC 764131-1 10266 400.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 U92 PDAC- AG24 764131-1 10266 400.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 MIX PDAC JUL24 758669-2 10266 275.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 RETAINER: Mthly Acct -Sept24 10266 1,800.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 Public Relations PDAC- Sept 24 10266 300.00 W1 00002692 09/19/2024 FG CREATIVE INC 2424549 4309000 Social Media PDAC - Sept 24 10266 1,000.00 W1 00002693 09/19/2024 FULL CIRCLE GROUP LLC 1104159 4309000 EXECUTIVE COACHING ENGMNT 8/29 INVFCGNA-14480 1,909.00 W1 00002694 09/19/2024 HIGH TECH IRRIGATION INC. 1104310 4332000 R/M STREETS - PIERO'S PIZZA 804888 232.35 W1 00002694 09/19/2024 HIGH TECH IRRIGATION INC. 1104610 4332001 IRRIGATION SUPPLIES 804359 778.29 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2734682 4332000 LMA 7 PRIMEROSE II 6738 330.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754643 4332000 LMA 7 DIAMONDBACK 6738 112.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754680 4332000 LMA MONTEREY MEADOWS 6738 140.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754681 4332000 LMA 7 THE GLEN 6738 288.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754682 4332000 LMA 7 HOVLEY ESTATES 6738 149.00 Report Date 09/19/2024 Page 4
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 30 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754683 4332000 LMA 7 SONATA I 6738 358.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754684 4332000 LMA 7 SONATA II 6738 496.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754685 4332000 LMA 7 HOVLEY COLLECTION 6738 390.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754686 4332000 LMA 7 LA PALOMA I 6738 160.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754687 4332000 LMA 7 LA PALOMA II 6738 160.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754693 4332000 LMA 7 LA PALOMA III 6738 139.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754694 4332000 LMA 7 SANPIPER COURT 6738 164.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754695 4332000 LMA 7 SANPIPER COURT WEST 6738 171.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754696 4332000 LMA 7 HOVLEY COURT WEST 6738 250.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2754697 4332000 LMA 7 PALM COURT 6738 112.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2774373 4332000 LMA 7 PRESIDENTS PLAZA I / II 6738 5,610.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2784374 4332000 LMA 7 VINEYARDS 6738 224.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2794374 4332000 LMA 7 WARING COURT 6738 213.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2804374 4332000 LMA 7 PALM GATE 6738 133.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2814374 4332000 LMA 7 THE GROVE 6738 507.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332000 LMA 7 PRESIDENTS PLAZA III 6738 3,597.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2834374 4332000 LMA 7 PORTOLA PLACE 6738 213.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2854374 4332000 LMA 7 KAUFMAN N BROAD 6738 993.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2864374 4332000 LMA 7 CANYON CREST 6738 288.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2874374 4332000 LMA 7 COLLEGE VIEW ESTATES II 6738 320.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2874680 4332000 LMA 7 THE BOULDERS 6738 507.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2874681 4332000 LMA 7 SUNDANCE WEST 6738 283.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2874682 4332000 LMA 7 PETUNIA I 6738 331.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2874683 4332000 LMA 7 SUNDANCE EAST 6738 155.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2874684 4332000 LMA 7 COLLEGE VIEW ESTATES I 6738 288.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2734680 4332000 AG24 LMA 7 DESERT MIRAGE 6738 550.00 W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 2994374 4332000 LMA 7 PALM DESERT CC 6738 534.00 Report Date 09/19/2024 Page 5
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 31 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 00002695 09/19/2024 HORIZON PROFESSIONAL LANDSCAPE 4414195 4332000 LMA 6 EXTRA WORK - DW PERIMETE 6735 2,400.00 W1 00002696 09/19/2024 HR GREEN PACIFIC INC 4414195 4809200 DW FIRECLIFF INSP/CNST AG24 178791 21,947.50 W1 00002697 09/19/2024 IDEA PEDDLER LLC 1104417 4309000 Strategy & Acct Mgt -Sept24 2649 4,416.66 W1 00002697 09/19/2024 IDEA PEDDLER LLC 1104417 4309000 Public Relations - Sept24 2647 2,916.66 W1 00002697 09/19/2024 IDEA PEDDLER LLC 1104417 4309000 Media Mgt - Mthly retainer Sep 2646 4,416.66 W1 00002697 09/19/2024 IDEA PEDDLER LLC 1104417 4309000 Social Media - Sept24 2648 2,416.66 W1 00002698 09/19/2024 KEYSER MARSTON ASSOCIATES INC 1104159 4309000 N. Annexation FIA-AUG24 0039087 5,605.00 W1 00002699 09/19/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 AG24 LMA 1 MONTHLY LANDS MAINT 109437 41,125.38 W1 00002700 09/19/2024 MIDWEST TAPE LLC 2524662 4362001 Digital usage for Aug24 505985654 355.92 W1 00002701 09/19/2024 NV5 INC 1104159 4309000 NORTH SPHERE 05/26/24-06/29/24 399348 95.25 W1 00002701 09/19/2024 NV5 INC 1104159 4309000 NORTH SPHERE 06/30/24-07/27/24 402737 2,305.00 W1 00002702 09/19/2024 PAINTERS WAREHOUSE OF 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 2409-218360 71.08 W1 00002703 09/19/2024 PALM DESERT CHAMBER OF COMMERCE 1104130 4312500 Bus Brkfast C Escobedo 9/10/24 75559 35.00 W1 00002703 09/19/2024 PALM DESERT CHAMBER OF COMMERCE 1104130 4312500 Bus. Brkfast D Porras 9/10/24 75559 35.00 W1 00002704 09/19/2024 PALM DESERT PACIFIC OWNER LLC 4254430 4331000 Mall CAM Charges Jul24 PAL001-P5598JLSP 6,713.74 W1 00002704 09/19/2024 PALM DESERT PACIFIC OWNER LLC 4254430 4331000 Mall CAM Charges Aug24 PAL001-P5598JLSP 6,713.74 W1 00002704 09/19/2024 PALM DESERT PACIFIC OWNER LLC 4254430 4331000 Mall CAM Charges Sep24 PAL001-P5598JLSP 6,713.74 W1 00002705 09/19/2024 PRICE'S NURSERY & GARDEN 1104611 4391000 CRANE FOR GARDEN BOXES - UNIV 00030802 900.00 W1 00002706 09/19/2024 PRO-CRAFT CONSTRUCTION INC 1104611 4331000 R/M PLUMBING SRV - MAG FALLS 24124-2 387.03 W1 00002706 09/19/2024 PRO-CRAFT CONSTRUCTION INC 1104611 4331000 R/M PLUMBING SRV - IRONWOOD 24124-10 341.56 W1 00002706 09/19/2024 PRO-CRAFT CONSTRUCTION INC 1104611 4331000 R/M PLUMBING SRV - UNIVERSITY 24124-6 551.37 W1 00002707 09/19/2024 RIVERSIDE COUNTY FIRE DEPT. 2304220 4304500 Q4 FY 23/24 TRK 33 APR-JUN2024 235407 783,857.56 W1 00002707 09/19/2024 RIVERSIDE COUNTY FIRE DEPT. 2304220 4304500 Q4 FY 23/24 STAFF APR-JUN2024 235406 392,710.01 W1 00002708 09/19/2024 SAME DAY EXPRESS 4364650 4337200 PUBL ART MAINT EL PASEO/ PRMNT 090124 4,600.00 W1 00002708 09/19/2024 SAME DAY EXPRESS 4364650 4337200 Unexpected repairs. 082924 3,399.16 W1 00002709 09/19/2024 SANT MADE 1104190 4362001 FY 24/25 WEBSITE HOSTING DISCO 2963 700.00 W1 00002710 09/19/2024 SIGNARAMA 1104340 4331000 SIGNAGE INV-125367 167.48 Report Date 09/19/2024 Page 6
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 32 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 00002710 09/19/2024 SIGNARAMA 1104340 4331000 SIGNAGE INV-124941 176.39 W1 00002711 09/19/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 6010011022 39.70 W1 00002711 09/19/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 6011073148 43.98 W1 00002711 09/19/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 6011073146 103.68 W1 00002712 09/19/2024 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 EXTRA WORK - PARKS 234113 2,817.19 W1 00002712 09/19/2024 VINTAGE ASSOCIATES 2764374 4332100 LMA 16 EXTRA WORK - HAYSTACK 234113 1,261.83 W1 00002713 09/19/2024 VISUAL EDGE IT INC 1104190 4342000 Usage&Supply-EHQ402232 6/7-9/6 24AR2056032 282.22 W1 00002713 09/19/2024 VISUAL EDGE IT INC 2524662 4342000 LIBR Xerox Usage & Supplies 24AR2063087 456.88 W1 02004284 09/19/2024 CARRANZA, MARISOL 1100000 1150100 APA CA PER DIEM-M. CARRANZA ADV PD 0924MC 241.50 W1 02004284 09/19/2024 CARRANZA, MARISOL 1100000 1150100 APA CA MILEAGE-M. CARRANZA ADV MILE 0924MC 188.94 W1 02004285 09/19/2024 AGUIRRE , KAYLEEN 1100000 1150100 APA CA HOTEL-K. AGUIRRE ADV LDG 0924KA 450.53 W1 02004285 09/19/2024 AGUIRRE , KAYLEEN 1100000 1150100 APA CA PER DIEM-K. AGUIRRE ADV PD 0924KA 241.50 W1 02004286 09/19/2024 ALLEY, JEFFREY LYNN 1104211 4306001 COPS Donuts-9.10.24 ALLEY 9.10.24 43.05 W1 02004287 09/19/2024 AMERICAN FORENSIC NURSES 1104210 4390400 24/25 BLOOD DRAW/DUI CASES RSO 78990 318.00 W1 02004287 09/19/2024 AMERICAN FORENSIC NURSES 1104210 4390400 24/25 BLOOD DRAW/DUI CASES RSO 78991 70.00 W1 02004288 09/19/2024 ASSURED HEATING & AIR 8734493 4400100 Home Improvement Program 2395 7,500.00 W1 02004289 09/19/2024 BECK OIL INC 1104331 4217000 GAS AND DIESEL FUEL 131340 5,163.08 W1 02004290 09/19/2024 BIO TOX LABORATORIES 1104210 4390400 24/25 BLOOD & URINE ANALYSIS S 46299 301.88 W1 02004290 09/19/2024 BIO TOX LABORATORIES 1104210 4390400 24/25 BLOOD & URINE ANALYSIS S 46300 1,506.40 W1 02004291 09/19/2024 BLOWNAWAY BY WILLIAM 4364650 4400100 Sandblast image Aquatic Center 1272 1,995.00 W1 02004292 09/19/2024 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 24/25 POLICE MTRCYCLE REP/MAIN 6036712 166.49 W1 02004293 09/19/2024 CALIFORNIA ASSOCIATION FOR 1104430 4363000 Primary Account - Amy 300005862 800.00 W1 02004293 09/19/2024 CALIFORNIA ASSOCIATION FOR 1104430 4363000 Associates: Mager and Salazar 300005862 240.00 W1 02004294 09/19/2024 CBRE INC 1104430 4309000 Real Estate Brokerage - Sept24 2023-273215-010 5,000.00 W1 02004295 09/19/2024 CEJA, ERIC 1100000 1150100 CLR ADV - E.CEJA - LDG CALED - E.CEJA -1,029.08 W1 02004295 09/19/2024 CEJA, ERIC 1100000 1150100 CLR ADV - E.CEJA PRDM CALED - E.CEJA -379.50 W1 02004295 09/19/2024 CEJA, ERIC 1104430 4311500 CLR ADV E.CEJA - MIL CALED - E.CEJA 463.77 Report Date 09/19/2024 Page 7
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 33 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 02004295 09/19/2024 CEJA, ERIC 1104430 4312000 CLR ADV - E.CEJA - LDG CALED - E.CEJA 930.56 W1 02004295 09/19/2024 CEJA, ERIC 1104430 4312000 CLR ADV - E.CEJA PRDM CALED - E.CEJA 379.50 W1 02004296 09/19/2024 CEPEDA-ESCOBEDO, BERTHA 1104300 4312500 EMPLY SAFETY MTG LUNCH 8/28/24 202408-REIMB-BE 213.90 W1 02004297 09/19/2024 CHARTER COMMUNICATIONS 5104195 4369601 SP24 73710 FW Parkview 229561901090124 144.98 W1 02004298 09/19/2024 CITY OF INDIAN WELLS 2304220 4304201 City of IW Shared Cost FS #55 20-10 1,062.15 W1 02004298 09/19/2024 CITY OF INDIAN WELLS 2304220 4304201 City of IW Shared Cost FS #55 20-11 581.81 W1 02004299 09/19/2024 COACHELLA VALLEY ECONOMIC 1104430 4309102 1ST INSTAL F&P- FY24/25 C45420 4063 12,500.00 W1 02004300 09/19/2024 CORNERSTONE MIRROR GLASS 2424549 4331101 R/M CONCESSION WINDOW - PDAC 1250 3,605.89 W1 02004301 09/19/2024 COUNTY OF RIVERSIDE SHERIFF 1104210 4217000 24/25 MOTOR FUEL RSO SH0000046570 1,220.66 W1 02004301 09/19/2024 COUNTY OF RIVERSIDE SHERIFF 1104210 4217000 24/25 MOTOR FUEL RSO SH0000046572 467.01 W1 02004302 09/19/2024 DATA TICKET INC 1104422 4309000 Citation Processing-AUG 24 169525 94.54 W1 02004303 09/19/2024 DAVID E BENNETT 1104416 4306101 WILD WILD WEST TRIBUTE 10/24/2 1867 6,000.00 W1 02004304 09/19/2024 DEAD MANS PARTY INC 1104416 4306101 10/31/24 Concert in the Park 103124 10,000.00 W1 02004305 09/19/2024 DEF DOG MUSIC 1104416 4306101 10/3/24 Concerts in the Park 100324-1 2,250.00 W1 02004306 09/19/2024 DESERT AIR CONDITIONING INC. 1104611 4331000 R/M HVAC SRVS - HOVLEY SOCCER 253133 148.50 W1 02004306 09/19/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 R/M HVAC SRVS - CITY HALL 253209 173.25 W1 02004306 09/19/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 R/M HVAC SRVS - CITY HALL 253247 459.84 W1 02004306 09/19/2024 DESERT AIR CONDITIONING INC. 4254430 4395000 R/M HVAC SRVS - iHUB 253208 222.75 W1 02004306 09/19/2024 DESERT AIR CONDITIONING INC. 5104195 4369500 R/M HVAC SRVS - SHERIFF CTR 253035 339.75 W1 02004306 09/19/2024 DESERT AIR CONDITIONING INC. 5104195 4369602 R/M HVAC SRVS - STATE BLDG 253203 172.27 W1 02004306 09/19/2024 DESERT AIR CONDITIONING INC. 5104195 4369800 R/M HVRC SRVS - HENDERSON BLDG 253102 99.00 W1 02004307 09/19/2024 DESERT ELECTRIC SUPPLY 1104330 4331000 R/M LIGHTING - RESTROOMS S3232698.001 656.25 W1 02004308 09/19/2024 DESERT FIRE EXTINGUISHER 1104344 4331000 R/M FIRE SYSTEM - PORTOLA 12485098 184.57 W1 02004309 09/19/2024 DESERT NAPA AUTO PARTS 1104331 4334000 R/M #270 CITY OWNED 093230 238.26 W1 02004310 09/19/2024 DESERT PIPE & SUPPLY 1104611 4332001 R/M PLUMBING - JOEMANN 0016902440 591.71 W1 02004311 09/19/2024 Desert Sewer Supply Inc 1104310 4219000 CONCRETE SUPPLIES - PIERRO 34484 1,070.10 W1 02004312 09/19/2024 EDTECHNOLOGYFUNDS INC 2524662 4309000 E-Rate Cat 2 Consult-July 2024 2523 825.00 Report Date 09/19/2024 Page 8
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 34 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 02004312 09/19/2024 EDTECHNOLOGYFUNDS INC 2524662 4309000 E-Rate Cat 2 Consult- Aug 2024 2542 675.00 W1 02004313 09/19/2024 FIRESTATIONFURNITURE.COM 2300000 2070200 FIRE STATION # 71 FURNTR SLTAX 7178 -170.71 W1 02004313 09/19/2024 FIRESTATIONFURNITURE.COM 2300000 2070200 FIRE STATION # 71 FURNT SLTAX 7179 -330.47 W1 02004313 09/19/2024 FIRESTATIONFURNITURE.COM 2304220 4400100 FIRE STATION # 71 FURNITURE 7178 2,202.65 W1 02004313 09/19/2024 FIRESTATIONFURNITURE.COM 2304220 4400100 FIRE STATION # 71 FURNTR SLTAX 7178 170.71 W1 02004313 09/19/2024 FIRESTATIONFURNITURE.COM 2304220 4400100 FIRE STATION # 71 FURNITURE 7179 4,264.17 W1 02004313 09/19/2024 FIRESTATIONFURNITURE.COM 2304220 4400100 FIRE STATION # 71 FURNT SLTAX 7179 330.47 W1 02004314 09/19/2024 FIRST AMERICAN TITLE COMPANY 1104430 4309102 CLTA Condition of Title Guaran 446-446123605 2,250.00 W1 02004315 09/19/2024 FLORES , CARLOS 1100000 1150100 APA CA HOTEL-C.FLORES ADV LDG 0924CF 450.53 W1 02004315 09/19/2024 FLORES , CARLOS 1100000 1150100 APA CA PER DIEM-C.FLORES ADV PD 0924CF 241.50 W1 02004315 09/19/2024 FLORES , CARLOS 1100000 1150100 APA CA PARK-C.FLORES ADV PARK 0924CF 87.00 W1 02004316 09/19/2024 FRONTIER COMMUNICATIONS INC 2524662 4365000 LIBR Emergency Line - SEPT24 7603410732-SEP24 64.67 W1 02004317 09/19/2024 GARCIA, SKKY 1104150 4311500 Budget Analyst Mileage 08.26.24GFOA 13.13 W1 02004317 09/19/2024 GARCIA, SKKY 1104150 4312000 Budget Analyst LDG 08.26.24GFOA 676.52 W1 02004317 09/19/2024 GARCIA, SKKY 1104150 4312000 Budget Analyst PRDM 08.26.24GFOA 310.50 W1 02004317 09/19/2024 GARCIA, SKKY 1104190 4312000 Budget Analyst Uber 08.26.24GFOA 74.26 W1 02004318 09/19/2024 HARNIK, JAN C. 1104110 4311500 LOCC AnnConf 10/15-10/18 JH ADV MIL 10.15.24 167.50 W1 02004318 09/19/2024 HARNIK, JAN C. 1104110 4312000 LOCC AnnConf 10/15-10/18 JH ADV MEI 10.15.24 259.00 W1 02004319 09/19/2024 HORIZON LIGHTING INC. 2304220 4331000 ELECT/LIGHTING - FS #33 362382 4,815.99 W1 02004319 09/19/2024 HORIZON LIGHTING INC. 2304220 4331000 ELECT/LIGHTING - FS #33 361897 1,063.66 W1 02004320 09/19/2024 JEREMIAH SHIELDS 1100000 1150100 DRE Parking Shields7/21-8/2/24 DREPARK07.21.24 330.00 W1 02004321 09/19/2024 JON'S FLAGS & POLES INC 1104340 4219000 FLAG S/H F90057 30.00 W1 02004322 09/19/2024 JTB SUPPLY COMPANY INC. 1104250 4219000 FREIGHT/TAX NOT PAID ON 113580 113580-A 199.40 W1 02004323 09/19/2024 LOCK SHOP INC. 1104610 4219000 PADLOCK BB10560603 62.65 W1 02004323 09/19/2024 LOCK SHOP INC. 1104611 4219000 TRASH ENCLOSURE LOCKS - HOVLEY BB10560614 100.25 W1 02004324 09/19/2024 LOWE'S HOME CENTERS INC. 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 997428-090924 24.48 W1 02004324 09/19/2024 LOWE'S HOME CENTERS INC. 1104330 4331000 R/M LIGHTING - RESTROOMS 984704-090324 75.12 Report Date 09/19/2024 Page 9
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 35 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 02004324 09/19/2024 LOWE'S HOME CENTERS INC. 1104340 4219000 SMALL TOOLS 972622-082824 45.18 W1 02004324 09/19/2024 LOWE'S HOME CENTERS INC. 1104340 4219000 SMALL TOOLS 971792-082824 210.80 W1 02004324 09/19/2024 LOWE'S HOME CENTERS INC. 1104340 4404000 BUSINESS OPS APPLIANCE 971783-082824 152.02 W1 02004324 09/19/2024 LOWE'S HOME CENTERS INC. 1104610 4219000 SMALL TOOLS 972627-082824 22.48 W1 02004324 09/19/2024 LOWE'S HOME CENTERS INC. 2304220 4331000 CABINETS - FS #71 272614-082824 408.43 W1 02004324 09/19/2024 LOWE'S HOME CENTERS INC. 1104611 4391000 SUPPLIES - UNIV GARDENS 991994-090624 182.33 W1 02004325 09/19/2024 MERCHANTS BUILDING 1104330 4331000 SP24 JANITORIAL SVCS CORPYARD 824669 4,008.23 W1 02004325 09/19/2024 MERCHANTS BUILDING 1104340 4332600 SP24 JANITORIAL SVCS CITY HAL 824669 8,882.56 W1 02004325 09/19/2024 MERCHANTS BUILDING 1104344 4331000 SP24 JANITORIAL SVCS -PORTOLA 824669 1,399.93 W1 02004325 09/19/2024 MERCHANTS BUILDING 2424549 4331101 SP24 JANITORIAL SVCS - AQUATIC 824669 5,250.56 W1 02004325 09/19/2024 MERCHANTS BUILDING 2524662 4332600 SP24 JANITORIAL SVCS - LIBRARY 824669 7,712.83 W1 02004325 09/19/2024 MERCHANTS BUILDING 4254430 4395000 SP24 JANITORIAL SVCS - iHUB 824669 2,118.49 W1 02004325 09/19/2024 MERCHANTS BUILDING 5104195 4369500 SP24 JANITORIAL SVCS - SHERIFF 824669 6,861.68 W1 02004325 09/19/2024 MERCHANTS BUILDING 5104195 4369601 SP24 JANITORIAL SVCS - PARKVI 824669 8,205.76 W1 02004325 09/19/2024 MERCHANTS BUILDING 5104195 4369602 SP24 JANITORIAL SVCS - STATE 824669 6,258.53 W1 02004325 09/19/2024 MERCHANTS BUILDING 5104195 4369800 SP24 JANITORIAL SVCS - HENDER 824669 1,040.42 W1 02004325 09/19/2024 MERCHANTS BUILDING 5104195 4369601 SEP24 JANITORIAL - PARKVIEW 824670 2,596.63 W1 02004325 09/19/2024 MERCHANTS BUILDING 5104195 4369601 SEP24 PARKVIEW - SUITE 120 824671 381.22 W1 02004326 09/19/2024 MULTIQUIP INC 5304310 4403000 ONE (1) MQ600 THP TRASH/WATER 94191100 34,780.76 W1 02004327 09/19/2024 MUNICIPAL MEDIA CORPORATION 1104190 4362001 24/25 RECYCLE SOFTWARE 7675 - REISSUE 7,850.00 W1 02004328 09/19/2024 NOOR DIAB 1100000 3511100 REFUND - PD80481 PD80481 - REFUND 50.00 W1 02004329 09/19/2024 PALM DESERT ACE HARDWARE 1104310 4219000 CONCRETE SUPPLIES 247275 64.07 W1 02004329 09/19/2024 PALM DESERT ACE HARDWARE 1104340 4219000 SUPPLIES 247144 64.56 W1 02004329 09/19/2024 PALM DESERT ACE HARDWARE 1104340 4331000 R/M BLDG SUPPLIES - WALLAROO 247239 34.24 W1 02004329 09/19/2024 PALM DESERT ACE HARDWARE 1104340 4331000 R/M BLDG - LIGHTING 246964 43.06 W1 02004329 09/19/2024 PALM DESERT ACE HARDWARE 1104610 4332100 CEMENT PATCH - SKATE PARK 247328 44.80 W1 02004330 09/19/2024 PALMER ELECTRIC 1104610 4332100 R/M ELECT - CIVIC CENTER PARK 5901 2,024.95 Report Date 09/19/2024 Page 10
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 36 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 02004330 09/19/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - UNIVERSITY PARK 5907 430.30 W1 02004330 09/19/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - UNIV PARK 5908 1,070.91 W1 02004330 09/19/2024 PALMER ELECTRIC 1104611 4332501 R/M ELECT - JOEMANN 5910 125.91 W1 02004331 09/19/2024 PENTA, RYLAND 1100000 1150100 PRSA ICON 10/17/24-Penta ADV LDG 10.17.24 631.62 W1 02004331 09/19/2024 PENTA, RYLAND 1100000 1150100 PRSA ICON 10/17/24-Penta ADV REG 10.17.24 1,750.50 W1 02004331 09/19/2024 PENTA, RYLAND 1100000 1150100 PRSA ICON 10/17/24-Penta ADV MIL 10.17.24 142.71 W1 02004331 09/19/2024 PENTA, RYLAND 1100000 1150100 PRSA ICON 10/17/24-Penta ADV PRDM10.17.24 215.00 W1 02004332 09/19/2024 PLAZA TOWING 1104422 4305500 Removal of RV from property - 24-0801-32922 3,350.00 W1 02004333 09/19/2024 PROPER SOLUTIONS INC. 1104430 4309000 TEMP STAFF SVCS- ED PE 8/30/24 16312 1,195.84 W1 02004333 09/19/2024 PROPER SOLUTIONS INC. 1104111 4300300 Full Time Temp Emp PE 8/30/24 16311 1,401.20 W1 02004333 09/19/2024 PROPER SOLUTIONS INC. 1104300 4300300 EMP STAFF SVCS-PW PE 8/02/24 16213 1,366.17 W1 02004333 09/19/2024 PROPER SOLUTIONS INC. 1104300 4300300 EMP STAFF SVCS-PW PE 8/30/24 16314 1,401.20 W1 02004333 09/19/2024 PROPER SOLUTIONS INC. 1104150 4300300 Admin Temp C Jary PE 8/30/24 16313 1,706.40 W1 02004333 09/19/2024 PROPER SOLUTIONS INC. 1104300 4300300 TEMP STAFF SVCS-PW PE 7/05/24 16118 1,120.96 W1 02004334 09/19/2024 QUINTANILLA, KARINA 1104110 4311500 LOCC AnnConf 10/15-10/18 KQ ADV MIL 10/15/24 167.50 W1 02004334 09/19/2024 QUINTANILLA, KARINA 1104110 4312000 LOCC AnnConf 10/15-10/18 KQ ADVMEI 10.15.24 259.00 W1 02004335 09/19/2024 RICH HEBERT 1104416 4306101 10/17/24 Concerts in the Park OCGROOVE101724 3,800.00 W1 02004336 09/19/2024 ROMAIDIS , NIKOLAOS 1100000 1150100 APA CA HOTEL-N. ROMAIDIS ADV LDG 0924NR 450.53 W1 02004336 09/19/2024 ROMAIDIS , NIKOLAOS 1100000 1150100 APA CA PER DIEM-N. ROMAIDIS ADV PD 0924NR 241.50 W1 02004337 09/19/2024 SIGNATURE TINT 1104611 4332501 SIGNAGE - BUMP N GRIND 2074 107.75 W1 02004338 09/19/2024 SKYLINE SAFETY AND SUPPLY 1104310 4219000 SAFETY SUPPLIES - HYDRATION 8671 1,481.70 W1 02004338 09/19/2024 SKYLINE SAFETY AND SUPPLY 1104611 4219000 SAFETY SUPPLIES 8635 301.21 W1 02004339 09/19/2024 SONSRAY MACHINERY LLC 1104331 4334000 BUCKET BLADE #270 CITY OWNED PS0148289-1 470.35 W1 02004340 09/19/2024 SOULE, THOMAS 1104417 4312000 U.S Travel ESTO - LDG TS - LDG 8.14.24 842.49 W1 02004340 09/19/2024 SOULE, THOMAS 1104417 4312000 U.S Travel ESTO - PDM TS - PDM 8/14/24 224.00 W1 02004340 09/19/2024 SOULE, THOMAS 1104417 4312000 U.S Travel ESTO - REG TS - REG 8/14/24 1,250.00 W1 02004340 09/19/2024 SOULE, THOMAS 1104417 4312000 U.S Travel ESTO - Air TS - AIR 8/14/24 518.95 Report Date 09/19/2024 Page 11
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 37 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 02004340 09/19/2024 SOULE, THOMAS 1104417 4312000 U.S Travel ESTO - Mileage TS - MIL 8/14/24 7.50 W1 02004341 09/19/2024 SOUTH COAST AQMD 1104330 4364000 LATE FEE - CORPYARD ID 103967 4365228-1 8.30 W1 02004341 09/19/2024 SOUTH COAST AQMD 1104330 4364000 LATE FEE - CITY HALL ID 103968 4365229-1 8.30 W1 02004341 09/19/2024 SOUTH COAST AQMD 1104330 4364000 LATE FEE - FS #67 ID 147676 4366226-1 8.30 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 42991 1/2 San Pablo 700653799848AG24 122.12 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104330 4351400 74705 42nd PED 700117253442JL24 5,245.35 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104330 4351400 74705 42nd PED 700117253442AG24 5,516.79 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104610 4351400 73710 FW Pumpstation 700169234934AG24 14,229.43 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104611 4351400 73510 FW PARKS 700530811124AG24 1,480.14 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 43980 1/2 San Pablo Rd 700339281893AG24 10,120.83 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 Street Power PEDESTALS 700019019320AG24 2,950.39 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 43556 1/2 San Pablo 700654070741AG24 198.09 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 2424549 4351400 73751 Magnesia Falls Dr POOL 700019219986AG24 18,356.91 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 4254430 4351400 72880 Highway 111 Sears Bldg 700780412029AG24 4,328.27 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 5104195 4351400 73710 FW Dr Ste 116 700339417188AG24 525.39 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 5104195 4351400 73720 FW STE 100A 700066496069AG24 3,647.17 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 5104195 4351400 73710 FW STE200 700835292306AG24 2,354.62 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 5104195 4369601 73710 FW STE204 700905148268JL24 341.93 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 5104195 4369601 73710 FW STE204 700905148268AG24 570.77 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 4254430 4395000 Innovation hub 8/5 - 9/3 700423102627SP24 4,805.33 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 4254430 4395000 Innovation hub 8/5-9/3 LATE F 700423102627SP24 58.68 W1 02004342 09/19/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 73296 Alessandro WW 700646851517AG24 81.77 W1 02004343 09/19/2024 TAYLOR , KENNETH 1100000 1150100 APA CA HOTEL-K. TAYLOR ADV LDG 0924KT 450.53 W1 02004343 09/19/2024 TAYLOR , KENNETH 1100000 1150100 APA CA PER DIEM-K. TAYLOR ADV PD 0924KT 241.50 W1 02004344 09/19/2024 TOPS N BARRICADES INC. 1104310 4219000 SIGNS AND STENCILS 1109155 949.39 W1 02004345 09/19/2024 Trubee, Evan 1104110 4311500 LOCC AnnConf 10/15-10/18 ET ADV MLG 10.15.24 167.50 W1 02004345 09/19/2024 Trubee, Evan 1104110 4312000 LOCC AnnConf 10/15-10/18 ET ADV MEI 101524 185.00 Report Date 09/19/2024 Page 12
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 38 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 02004345 09/19/2024 Trubee, Evan 1104110 4312000 LOCC AnnConf 10/15-10/18 ET ADV LDG 10.15.24 1,235.21 W1 02004346 09/19/2024 UNIVERSITY OF VIRGINIA 1104154 4312101 LEAD Conf 10/5-10/11 R Chavez I-00066277 5,500.00 W1 02004346 09/19/2024 UNIVERSITY OF VIRGINIA 1104154 4312101 LEAD Conf 10/5-10/11 A Lawrenc I-00066901 5,500.00 W1 02004347 09/19/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5705634 856.61 W1 02004347 09/19/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5706304 2,163.08 W1 02004347 09/19/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5706311 1,884.55 W1 02004348 09/19/2024 WAXIE 1104340 4219000 JANITORIAL SUPPLIES 82709128 81.35 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104159 4219100 TO008415-Haystack Channel 216809 3,800.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104610 4332001 PALM PRUNING - CC PARK 216811 5,200.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104610 4332001 MISC TREE WORK - CC PARK 217780 1,350.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104611 4332001 PALM PRUNING - PARKS 216811 8,840.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104614 4337001 PALM PRUNING - MEDIANS 216803 12,720.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104614 4337001 PALM PRUNING - MEDIANS 217781 17,301.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104614 4337001 MISC TREE WORK - MEDIANS 217783 1,175.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 2764374 4309500 LLD HAYSTACK MARKESH WASH 217783 1,900.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104610 4332001 PALM PRUNING - CC PARK 217956 600.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104610 4332001 PALM PRUNING - CC PARK 218498 551.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104611 4332001 PALM PRUNING - PARKS 217956 1,495.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104611 4332001 PALM PRUNING - PARKS 217958 390.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104611 4332001 MISC TREE WORK - PARKS 218641 6,220.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104614 4337001 PALM PRUNING - MEDIANS 217958 25,236.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104614 4337001 PALM PRUNING - MEDIANS 218637 975.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104614 4337001 PALM PRUNING - MEDIANS 218639 2,217.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104614 4392101 PALM PRUNING - ENTRADA 217956 2,080.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 1104614 4392101 MISC TREE WORK - ENTRADA 218641 1,500.00 W1 02004349 09/19/2024 WEST COAST ARBORISTS INC 4414195 4809200 ONE-TIME DW TREE PRUNING 216814-A 18,792.50 W1 02004350 09/19/2024 WEST COAST SAND & GRAVEL INC 1104611 4332001 SANDFILL - HOVLEY 761951 1,093.45 Report Date 09/19/2024 Page 13
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 39 Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
9/19/2024 - 9/19/2024
City of Palm Desert
Account Number
W1 02004350 09/19/2024 WEST COAST SAND & GRAVEL INC 1104611 4332001 SANDFILL - HOVLEY 762015 1,110.69 W1 02004351 09/19/2024 XEROX FINANCIAL SERVICES 2524662 4342000 LIBR XEROX LEASE 8/14-9/13 6177005 424.07 W1 02004351 09/19/2024 XEROX FINANCIAL SERVICES 1104190 4342000 2TX101725 8/20-9/19 Lease 6185207 203.81 W1 02004351 09/19/2024 XEROX FINANCIAL SERVICES 1104190 4342000 8/29-9/28 Copier Lease 6200865 2,851.42 Examined and Approved Total For Bank ID - W1
3,195,925.19 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 09/19/2024 Page 14
City and Housing
Docusign Envelope ID: 578D081E-F6AA-4BFC-90DA-2AFA74B62EB9 40 41
42 43
44

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Shawn Muir, Community Services Manager
Martin Alvarez, Director of Public Works
SUBJECT: AWARD A CONTRACT TO SOUTHERN PACIFIC CONSTRUCTION FOR THE FIRE STATION 67 RESTROOM RENOVATION (PROJECT NO.

MFA00030)
RECOMMENDATION:

1. Award a contract to Southern Pacific Construction, of Temecula, California, in the amount of $276,940.87, plus a $30,000 contingency, for the Fire Station 67 Restroom Renovation.

2. Authorize the City Attorney to make necessary nonmonetary changes to the contract.

3. Authorize the City Manager to execute the contract and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

4. 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:

Fire Station 67, located on Mesa View, was constructed in 1980 and provides fire and paramedic emergency services to the south Palm Desert area. The City owns the station and has identified a need to renovate and upgrade the restroom. Current issues include improper sealing of tiled areas and past plumbing issues that have been corrected but compromised the drywall. The renovation will add a shower, water closet, and urinal, increasing the restroom’s capacity from accommodating three personnel to six. Holt Architecture provided the architectural design for the remodel. The renovations are limited to the restrooms The Fire Station 67 Restroom Renovation project was advertised for proposals through the City’s bid management portal, OpenGov, on August 14, 2024. A mandatory pre-bid meeting took place at the station on August 21, 2024, attended by City staff, the architect, and eleven contractors.

On September 17, 2024, two proposals were received electronically:

Contractor Location Bid Amount
Southern Pacific Construction Temecula, California $276,940.87 MBE Construction Beaumont, California $431,255.00
City staff reviewed the bid submissions and determined that Southern Pacific Construction submitted the lowest responsive bid. Following a post-bid interview conducted on September 23, 2024, which included the contractor, City staff, and the architect, it was confirmed that the bid was complete and includes the full scope of work. Therefore, staff recommends awarding the contract Southern Pacific Construction in the amount of $276,940.87. 45 City of Palm Desert
Award a Contract to Southern Pacific Construction

Page 2 of 2 ends

Legal Review:

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

FINANCIAL IMPACT:

Funds in the total amount of $1,275,000 for Fire Station Improvements and Tenant Improvements (TI) are included in the approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List under Fire Fund Account No. 2304220-4400100. There is no fiscal impact to the General Fund with this action.

The following table provides current budget and costs:

Action Budget Costs Balance
2304220-4400100 $1,275,000
FS 71 Reroof C44600 $253,875.00
FS 33 Emerg Generator – TO0010721 $9,654.94
*FS 67 Restroom Renovation $276,940.87
*FS 67 Restroom Reno Contingency $30,000.00
Totals $1,275,000 $570,470.81 $704,529.19
ATTACHMENTS:

1. Southern Pacific Agreement

2. Southern Pacific Bonds

3. Southern Pacific Construction Bid
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CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 10th day of October 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 Southern Pacific Construction, a Sole Proprietorship, with its principal place of business at 33362 Rhine Avenue, Temecula, CA 92592 ("Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Fire Station 67 Restroom Renovation Project
Project No. MFA00030
(hereinafter referred to as “the Project”).

The scope of work consists of remodeling the fire station restroom to add a shower, a water closet, and a urinal to the current configuration which will increase capacity of the bathroom from three (3) people to six (6) people.

Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Seventy-Six Thousand Nine Hundred Forty Dollars and Eighty-Seven Cents, ($276,940.87.) Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and 47 Contract No. ___________
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every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, 48 Contract No. ___________
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the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including 49 Contract No. ___________
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attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

B. Insurance

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

2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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

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

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

6. Fidelity Coverage. (Reserved)

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

C.Other Provisions or Requirements

1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors.

Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
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3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.

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

7. 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, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any 52 Contract No. ___________
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type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage.

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

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

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

14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.

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

16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.
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18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

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

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.

These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND SOUTHERN PACIFIC CONSTRUCTION
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

SOUTHERN PACIFIC CONSTRUCTION, A

SOLE PROPRIETORSHIP
By:

Scott Patterson
President
580492 CA Contractors State License (CSLB)
Contractor’s License Number and
Classification
1000824046
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
55 56
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Vendor Name, (hereinafter referred to as the “Contractor”) an agreement for Fire Station 67 Restroom Renovation (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 10, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, Southern Pacific Construction, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Two-Hundred Seventy-Six Thousand, Nine Hundred Forty Dollars and Eighty-Seven Cents, ($276,940.87), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
57 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
59 NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
60 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
61 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed October 10, 2024, has awarded to Southern Pacific Construction, hereinafter designated as the “Principal,” a contract for the work described as follows:

Fire Station Restroom Renovation Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated October 10, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Two-Hundred Seventy-Six Thousand, Nine Hundred Forty Dollars and Eighty-Seven Cents, ($276,940.87) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 62 attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
63 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
64 NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
65 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
66 City of Palm Desert PW - Operations & Maintenance Randy Chavez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation RESPONSE DEADLINE: September 17, 2024 at 5:00 pm Report Generated: Wednesday, September 18, 2024 Southern Pacific Construction Response CONTACT INFORMATION Company: Southern Pacific Construction Email: [email protected] Contact: Scott Patterson Address: 33362 Rhine Ave Temecula, CA 92592 Phone: (951) 795-6306 Website: spcbuild.com Submission Date: Sep 17, 2024 12:34 PM (Pacific Time) 67 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 2 A
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N Addendum #1 Confirmed Aug 27, 2024 8:54 AM by Scott Patterson Addendum #2 Confirmed Sep 9, 2024 12:57 PM by Scott Patterson Addendum #3 Confirmed Sep 9, 2024 12:57 PM by Scott Patterson Addendum #4 Confirmed Sep 12, 2024 2:20 PM by Scott Patterson Q
U
E
S
TIO
N
N
AIR
E 1. BID A
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N
O
WLED
G
MEN
T* To 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. A. In response to the Contract Documents for project number MFA00030 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City of Palm Desert to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City of Palm Desert, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule. B. This Bid constitutes a firm offer to the City of Palm Desert which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City of Palm Desert and a third party, whichever is earlier. 68 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 3C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City of Palm Desert will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid. D. If awarded a Contract, the undersigned agrees to execute and deliver to the City of Palm Desert within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements. E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid. F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned. 1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or 2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California. I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Confirmed 2. BID S C
HED
ULE* IMPORTANT: THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT. FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID. THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. 69 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 4 The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City of Palm Desert makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. If the Contract Documents specify Alternate Bid items, the City of Palm Desert can choose to include any, all, or none of the Alternate Bid items in the Work. If the City of Palm Desert selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City of Palm Desert can award/select Alternate Bid items at any time(s). I certify that I have read, understood the above statement. Confirmed 3. BID G U
A
R
A
N
TEE*
IF S
U
B
MIT
TIN
G A
N O
RIGIN

AL BID B
O
N
D: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF S U
B
MIT
TIN
G C
ASH O
R C

ASHIER'S C
HEC
K: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF S U
B
MIT
TIN
G A

N E-BID B
O
N
D: follow E-Bid Bond instructions. Hard Copy Original Bid Bond (delivered before bid submittal deadline) 4. E-Bid B ond Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE N O
T SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK. 70 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 5 Bond ID: No response submitted Vendor ID: No response submitted 5. Enter Surety C o
m
pany "Nam
e" who Issue
d Bid Guarante
e * This information will be verified against the California Department of Insurance Website. Maloney & Associates Click to Verify Value will be copied to clipboard

6. DESIG
N
A
TIO
N OF S
U
B
C
O
N
T
R
A
C
T
O
RS* Please download the below documents, complete, and upload. DESIGNATION_OF_SUBCONTRACTO... DESIGNATION_OF_SUBCONTRACTORS.pdf Copy_of_PDFS_#67_Remodel_Fee_schedule..pdf 7. BID

DER INFO
R
M
A
TIO
N A
N
D E

XPERIEN
CE F
O
R
M* Please download the below documents, complete, and upload. BIDDER_INFORMATION_AND_EXPE... BIDDER_INFORMATION_AND_EXPERIENCE_FORM.pdf 8. N O
N-C

OLLUSIO

N DECLA
R
A
TIO
N* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, 71 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 6 communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 9. PU BLIC W
O
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KS C
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N
T
R
A
C
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O

R DIR REGIST
R
A
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N CER
TIFIC
A
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N* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. tion with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: A. Bidder shall maintain a current DIR registration for the duration of the project. B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non- responsive. 72 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 7 Confirmed 10. Enter y our California D
e
partm
ent of Industrial R
elations (
DIR) R
e
gistration num
b
er* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000824046 Click to Verify Value will be copied to clipboard

11. Enter y
our valid C
A C
ontractors State License B
oard (
CSLB) num
b
er* Please enter your License Number here. This will be verified against the state database. 580492 Click to Verify Value will be copied to clipboard

12. C
O
N
T I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability f compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Confirmed 13. Fle et C
o
m
pliance C
ertification* ies, rules and regulations and are familiar with the I hereby certify, subject to penalty for perjury, that the option checke The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. 73 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 8

14. Fle
et C
o
m
pliance D
ocum
entation* Please attach supporting documentation for the selection made in the above item. We_do_not_have_fleet_vehicles.pdf 15. T y
p
e of Business* Sole Proprietor/Individual 16. T
y
p
e y
our L
e
gal C
o
m
pany Nam
e H
ere* State your Company's Name Here. This will be verified against the California Secretary of State's Website. Southern Pacific Construction Click to Verify Value will be copied to clipboard

17. 6 18. List the Signatory(s) Authorize
d t
o Sign and Bind an A
gre
e
m
ent.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number Scott Patterson President 33362 Rhine Ave, Temecula, CA 92592 74 [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT IFB No. 2024-IFB-129 Fire Station 67 Restroom Renovation [SOUTHERN PACIFIC CONSTRUCTION] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Fire Station 67 Restroom Renovation Page 9 [email protected] 951-795-6306 19. N ondiscrimination C
ertification* The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class. before contract award. No contract will be awarded until the contractor submits this certification. By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. Confirmed 75

DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of oneNotwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number

76 Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number

(Attach additional sheets if necessary)
77 Proposal Date: 9/12/2024 Architect: HOLT DESCRIPTION TOTAL QTY UNIT PRICE UNIT TOTAL SUB TOTAL % of SUB TOTAL NOTES 02 41 16 DEMOLITION 1 $18,748.00 ls $18,748.00 $18,748.00 10% NCR 03 00 00 CONCRETE 1 $22,500.00 ls $22,500.00 $22,500.00 12% United Bros. 06 10 00 ROUGH CARPENTERY 1 $6,500.00 ls $6,500.00 $6,500.00 3% SPC 06 22 00 MILLWORK / FINISH CARPENTRY 1 $7,510.00 ls $7,510.00 $7,510.00 4% Haynes 07 21 00 INSULATION 1 $500.00 ls $500.00 $500.00 0% SPC 07 50 00 ROOFING 1 $4,100.00 ls $4,100.00 $4,100.00 2% Circle City 09 21 16 DRYWALL 1 $18,940.00 ls $18,940.00 $18,940.00 10% PWI 09 20 00 TILING 1 $31,157.00 ls $31,157.00 $31,157.00 16% Del's 09 91 00 PAINTING 1 $4,650.00 ls $4,650.00 $4,650.00 2% PA Coatings 10 14 00 LOCKERS 1 $500.00 ls $500.00 $500.00 0% SPC 10 28 00 TOILET ACCESSORIES 1 $7,465.00 ls $7,465.00 $7,465.00 4% Stumbaugh 22 00 00 PLUMBING 1 $40,300.00 ls $40,300.00 $40,300.00 21% MPMC 23 00 00 HVAC 1 $6,980.00 ls $6,980.00 $6,980.00 4% Sphere 26 00 00 ELECTRICAL 1 $19,640.00 ls $19,640.00 $19,640.00 10% West Pacific CONSTRUCTION SUBTOTAL $189,490.00 $189,490.00 GENERAL CONDITIONS TOTAL 1 $53,921.00 $53,921.00 SUBTOTAL $243,411.00 OH&P 11.0% $26,775.21 BOND 2.5% $6,754.66 CONSTRUCTION TOTAL $276,940.87 SUBTOTAL FOR BOND AMOUNT $270,186.21 FIRE STATION #67 - RESTROOM REMODEL PALM DESERT, CA 92260 73200 MESA VIEW DRIVE 78

BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number _____________________________________________________________ Email Address

4.0 ______________________________ 5.0
name? ________________________

5.1 operated?_______________________________________________

6.0 6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 ________________________________ 6.4 Vice- ________________________________ ________________________________ 6.5 ________________________________ 6.6 ________________________________ Southern Pacific Construction
Sole Proprietor
33362 Rhine Ave, Temecula, CA 92592
951-795-6306
[email protected]
8 8
NA
79 7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership): ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 8.0 If other than a corporation or partnership, describe organization and name principals: ___________________________________________________________ ___________________________________________________________ 9.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________ 10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: ___________________________________________________________ ___________________________________________________________ 11.0 been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: ___________________________________________________________ ___________________________________________________________ 12.0 List Trade References: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Scott Patterson - 33362 Rhine Ave, Temecula CA 92592
General contractor - Self perform some rough carpentry
NO
NO
Brian Malone 909-560-2386 PWI
John Taylor 760-390-7787 RND
Bernie Gartner 714 - 309-6019 Motive Energy
2016
Scott Patterson - principal - 100%
80 B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference
(agency
name/contact
info)
Description of Completion Date
Work

Fire suppression Rob Carroll Install FSS 9/23/24 369,324 760-267-7891
81 C. LIST OF COMPLETED PROJECTS LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] perform the required Work.

Project Client Reference
(agency
name/contact
info)
Description of Completion Date
Work

DAP Orange Clinic TI 2023

DAP HVAC
913,661
HVAC Replacement 400,000 2023
Rob Carroll
760-267-7891
Rob Carroll
760-267-7891
Borrego Health Underground fire line Greg Smith 2024
760-408-2519
136,928
82 D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Scott Patterson President 80%
42 Licensed Contractor since 1989
83 E.

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

_______
84 We do not have fleet vehicles
85 86

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Lucero Leyva, Senior Project Manager
SUBJECT: AWARD DESIGN CONTRACT TO TKE ENGINEERING, INC., FOR WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS PROJECT
(CST00002)
RECOMMENDATION:

1. Award a contract to TKE Engineering, Inc., of Riverside, California, in the amount of $360,700 for design of the Walk and Roll PD - Phase 3 Pedestrian Improvements Project (CST00002), plus a 10% contingency for unforeseen conditions.

2. Authorize the City Attorney to make necessary nonmonetary changes to the contract.

3. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

BACKGROUND/ANALYSIS:

On March 23, 2023, the City Council approved the Walk and Roll PD Implementation Plan, dated March 3, 2023. Since this approval, staff has been working with the consultant, Michael Baker International, to identify and confirm the areas in need of improvement. This process identified recommended design options for various roadways within the Walk and Roll PD Phase 3 – Pedestrian Improvements project as depicted on the attached “Walk and Roll PD Phase 3 Map” document. Improvements for this phase of the project primarily focus on pedestrian travel by installing sidewalks, crosswalks, curb ramps, and ensuring all improvements are ADA-compliant.

During spring 2024, City staff held four community engagement meetings throughout the community to review various street design options with residents. Staff estimates about 60+ residents participated in our outreach efforts. Based on the community feedback received, staff requested adjustments to the scope of work, which the City Council approved on May 23, 2024.

These changes include:
 Removal of the San Juan Drive sidewalk.
 Coordinate the reinstallation of fences and landscaping where needed.  Evaluate and include traffic calming measures where possible.

A Request for Proposals (RFP) for engineering services to complete the Walk and Roll PD Phase 3 – Pedestrian Improvements project design was advertised on July 30, 2024, and closed on August 27, 2024. City staff received the following three proposals:

Firm Name Location Evaluation Score Proposed Fee
HR Green Pacific, Inc. Palm Desert, CA 28.20 $ 395,132
87 City of Palm Desert
Award Design Contract to TKE Engineering, Inc., for Project CST00002 – Phase 3

Page 2 of 3 ends

Michael Baker International San Diego, CA 27.40 $ 613,600 TKE Engineering, Inc. Riverside, CA 31.53 $ 277,000
All three firms listed above are current active vendors of the City and have provided engineering services on several past projects. An internal selection committee, including representatives from the Capital Projects and Engineering Department, evaluated the proposals. After careful consideration of the project work plan, team qualifications, and fee proposal, staff determined that TKE Engineering was the firm that was most responsive and compatible with the current project priorities, budget, and schedule. Additionally, on recent projects, TKE has proven to meet city staff expectations and timeframes.

As previously stated, City Staff is actively working with TKE Engineering on several projects like El Paseo Street Rehabilitation, Housing Authority Parking Lot Improvements, Mountain View Retention Basin. City Staff and references checked provided positive feedback for TKE, describing the firm as easy to work with, efficient with their designs, budget, and schedule, and great at communicating the status of projects, and milestones, and tracking/addressing concerns.

During contract negotiation, staff did request that TKE update their right-of-way acquisition line item and add a construction support line item to better meet the project’s scope of work. This request did increase TKE’s fee proposal by $83,700, however, even with these changes, their proposal is still the lowest. Staff recommends awarding the design contract to TKE Engineering, Inc., for the Walk and Roll PD Phase 3 – Pedestrian Improvements project in an amount not to exceed $360,700.

Legal Review:

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

FINANCIAL IMPACT:

Funds for this project were included in the approved Capital Improvement (CIP) List for Fiscal Year 2024-25. There is no financial impact to the General Fund with this action.

The following table provides the current project budget:

Fund Fund Source Budget Allocated Funds
2134633-5000103 Measure A $ 4,448,649
Approved MBI Contract A47820 –
Walk and Roll PD - Phase 2 Bicycle Improvements $ 176,800 Pending TKE Engineering Contract $ 360,700
Contingency $ 36,070
Remaining Budget $ 3,967,149 $ 573,570
88 City of Palm Desert
Award Design Contract to TKE Engineering, Inc., for Project CST00002 – Phase 3

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ATTACHMENTS:

1. Walk and Roll PD Phase 3 Map

2. TKE Fee Proposal Updated 9-26-2024

3. CST00002 Walk and Roll PD Phase 3 Agreement
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Suite 260
Carlsbad, CA 92008
Phone: (760) 476-9193
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City of Palm Desert
Capital Improvement Projects Department
73510 Fred Waring Drive, Palm Desert, CA 92260
Contact: Cristal Ortega, Management Analyst II
Phone: (760) 776-6327
Email: [email protected]
Prepared by:

TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Terry Renner, P.E., P.L.S., Q.S.D., Senior Vice President Phone: (951) 680-0440
Fax: (951) 680-0490
Email: [email protected]

TABLE OF CONTENTS
Technical Proposal
Section A | Cover Letter
Section B | Experience and Technical Competence
Section C | Firm Staffing and Key Personnel
Section D | Proposed Method to Accomplish the Work
Section E | Fee Proposal
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Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert
SECTION A | COVER LETTER
August 27, 2024
City of Palm Desert
Capital Improvement Projects Department
Cristal Ortega, Management Analyst II
73-510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements Dear Ms. Ortega,
Thank you for the opportunity to present TKE Engineering’s qualifications to provide Professional Engineering Design Services for the City of Palm Desert (City)’s Walk and Roll PD Phase 3 Pedestrian Improvements Project (Project). The City conducted a bike and pedestrian gap analysis that assessed the existing pedestrian and bicycle infrastructure, identified gaps in the pedestrian/bicycle network, and prioritized recommendations to address the identified gaps. The City Council approved the Walk and Roll PD Implementation Plan, which includes, Phase 1 – Sharrows, Phase 2 - Bike Lane Improvements and Phase 3 - Pedestrian Improvements. This proposal will address Phase 3, where the City requires professional engineering design services for the addition of sidewalks and crosswalks, ADA improvements to sidewalks, curbs and ramps, implementation of traffic calming measures (i.e. stop signs, narrowing of streets, speed humps) and sidewalk maintenance.

TKE (a California C Corporation) was founded in 2000 and is headquartered at 2305 Chicago Avenue, Riverside 92507.

Services provided for this project will be from our Palm Desert office located at 73993 Highway 111, Suite 201, Palm Desert 92260. TKE is not a subsidiary and is a full service, multi-disciplinary consulting firm highly qualified to perform the services required and we are enthusiastic about the opportunity to continue to assist the City.

Why should the City choose TKE to provide engineering design services for the Project? Please consider the following:

1. Our Experience and Qualifications – TKE is a firm capable of managing and delivering the services presented in the RFP. We specialize in design, project management and construction administration of traffic and transportation projects. TKE’s local office resides in Palm Desert and we are very familiar with the surroundings and traffic flows of the area due to the location of our office located within minutes of the project site. TKE’s broad range of successful services includes turnkey programs, project management and delivery for a diverse array of projects. The City will benefit from our broad range of experience through our intimate understanding of the common pitfalls for each project variation, and our past history of successfully overcoming these challenges.

2. Communication and Coordination – TKE believes in continuous communications throughout the course of providing services. We propose to coordinate with City staff bi-weekly to verify project progress. In addition to the City, TKE will meet with all agencies and utilities having facilities in the project area that will be affected by construction of the pedestrian and street improvements. Based on our experience, meetings are necessary to ensure tasks are progressing as required and as scheduled.

3. Project Schedule and Approach – TKE has presented a project schedule in our proposal that will meet the City’s expectations to deliver the project on time and on budget, including hitting milestones and deliverables, and is capable of providing the services with our firm’s resources. TKE has worked with the City over the past year on projects and takes pride in providing a high level of customer service and the relationships we have built with City staff. It is our goal to continue our partnership with the City in preparing quality design documents for this project. TKE is fully aware of the project schedule delivery importance and will work closely with City staff to ensure all milestones are met. 95 P a g e | 2
Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert
SECTION A | COVER LETTER
To achieve our goal of successful project delivery, we approach our projects by first developing a project plan. Our project plan considers the major project issues described herein and development of project tasks (Scope of Services) to be performed by the design team, preparation of task budgets and preparation of a schedule to complete each task. Prior to beginning preparation of a project plan, we performed the following:
• Detailed Review of the Project
• Preliminary Research and Data Collection
• Field Reconnaissance
We have developed this project approach in order to maintain an expertise in our core business of public works projects with tight budgetary constraints.

4. Our Commitment – TKE is committed to providing high quality, efficient services to meet all of the City’s needs. Mr.

Renner, P.E., P.L.S., Q.S.D. will meet with City staff regularly to discuss requirements and scheduling needs. In addition, he will be in contact with otherstakeholders as required to keep projects proceeding efficiently, on schedule and within allocated budgets. It is this personal touch and contact that define our “local service” approach. TKE’s local service approach means the City will continue to be an important TKE client.

5. Our Team – The City will benefit greatly by continuing the vision, leadership, and dedication to community exhibited by TKE’s project team. Our experience within the region, numerous accomplishments and management skills will help maintain continuity in the delivery of the services. In particular, Terry Renner, P.E., P.L.S., Q.S.D., Senior Vice President will be managing the project on behalf of the project team and will attend all meetings with City staff to ensure the project is proceeding in accordance with the City approved project schedule. Mr. Renner’s experience extends from project planning to design and bidding through construction. His excellent project management skills will provide a great benefit to the City. Supporting Mr. Renner will be TKE’s key personnel: Justin Schlaefli, P.E., T.E., P.T.O.E., Project Engineer; Octavio Parada, Street Specialist; Monae Pugh, Traffic Engineering Specialist; Steven Ledbetter, P.E., Grant Opportunity Assistance and Ron Musser, P.L.S., Director of Surveys. TKE has 59 Professional Engineers, Designers, Surveyors, Project Managers, Plan Checkers, Traffic Engineers, and Support Staff.

If you have any questions, please call Mr. Terry Renner, P.E., P.L.S., Q.S.D, Senior Vice President, who is the single point of contact during the RFP review process and is legally authorized to sign contracts on behalf of TKE Engineering, Inc., at (951) 680-0440 or email at [email protected].

Sincerely,
Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
TKE Engineering, Inc.
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Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert
SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE
SECTION B | EXPERIENCE AND

TECHNICAL COMPETENCE

F I R M O V E R V I E W
TKE Engineering, Inc. (TKE), a California Corporation, was established in 2000, and in the last 24 years has developed into one of Southern California’s premier full-service
consulting engineering firms. TKE routinely provides street and traffic design services to municipal clients. TKE was founded with the goal of providing turnkey services for municipal agencies in order to benefit our local
communities. As a result of our focus on this mission, TKE has earned a reputation for thoroughness, rapid
turnaround, cost efficiency and overall quality of work. We are a highly motivated, dynamic firm with the goal of being your preferred consultant.

TKE proudly serves numerous municipalities for engineering services for all types of public works improvement projects including complete streets, sidewalks and pedestrian
crossings, ADA pedestrian facilities, traffic signal
modifications, transportation and pavement rehabilitation, traffic engineering, and surveys. TKE’s experience includes project delivery from “cradle to grave”. All of the
engineering and construction management duties discussed herein are services we effectively provide routinely. We request that you verify our qualifications with City staff and other agencies presented in our proposal. In addition, we have worked on multi-million-dollar regional mega projects for a variety of government agencies.

TKE’s corporate structure guarantees that the principals of the firm will be intricately involved with all aspects of the project which translates to effective communication and project stability for the City. TKE’s principals and support staff are highly qualified for the projects and have a proven track record of successfully delivering even the most
challenging projects. In addition, our current and past history in the City and the Coachella Valley, along with our familiarity of standards and specifications of several
municipalities and utility companies in the Coachella Valley, provides us with an extensive knowledge of the Project area and project goals that will ensure that the City’s interests are fully protected during design, schedule compliance and budget and thereby maximizing the potential for project success.

TKE Engineering Inc. AT A GLANCE
Location of Offices
Headquarters: 2305 Chicago Avenue
Riverside, CA 92507
Palm Desert: 73993 Highway 111, Ste. 201
Palm Desert, CA 92260
Company Structure
TKE is a California C Corporation founded in June
2000. TKE is not a subsidiary. California Business
License Number: 00109901
DIR NUMBER PWLR #1000413173
Years in Business
TKE was founded in 2000 and has 24 years of
experience in providing engineering support
services for Municipalities.

Firm Owners
Michael P. Thornton, P.E., P.L.S., M.S.
– President
Terry M. Renner, P.E., P.L.S., Q.S.D.
– Senior Vice President
Steven W. Ledbetter, P.E.
– Vice President
Size of Organization
59 Professional Engineers, Surveyors, Designers,
Project and Construction Managers, Inspectors,
Plan Checkers, Design Professionals, Engineers,
and Support Staff
City/District Engineer
TKE serves as the City Engineer in 7 Cities/Districts
in Southern California, including 3 in Riverside
County.

Staff Augmentation
TKE currently provides Staff Augmentation in 10
Cities / Counties / Districts
City of Riverside’s
Point of Contact
Terry Renner, P.E., P.L.S., Q.S.D.
– Senior Vice President
Phone: (951) 680-0440
Email: [email protected]
TKE Engineering, Inc.
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Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert
SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE
TKE’s headquarters is located at 2305 Chicago Avenue in Riverside and our local Palm Desert office is located at 73993 Highway 111, Suite 201 in Palm Desert, allowing us to mobilize and respond to the City’s needs at a moment’s notice. TKE currently maintains a staff of 59 construction managers, inspectors, surveyors, engineers, project
managers, drafters, and clerical personnel which can assist if additional needs arise. Our current clients in the
surrounding area include the City and the City of La Quinta, the Coachella Valley Association of Government and
Coachella Valley Water District.
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE

B A C K G R O U N D
CV SYNC – PHASE I
Coachella Valley Association of Governments, Coachella Valley, CA Client Contact: Eric Cowle
Phone Number: (760) 346-1127
Project Cost: $21.0 million
Completion Date: November 2023

DESCRIPTION RELEVAN CE TO

PALM DESE RT
• Public Works Construction
Management Inspection
Project
• Traffic Signal,
Synchronization and Special
Inspections
• Electrical Inspections
• State and Federal Grant
Management
Phase I of this project located in the Coachella Valley consists of upgrading the local agencies existing legacy (outdated) traffic signal controllers, traffic management systems, and communication systems with the latest off-the-shelf technologies in order to provide interagency traffic signal synchronization along three regional roadways for over 120 intersections. The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation System (ITS) elements, ITS sub-systems, and Ethernet/IP-based communications that will be expandable and scalable for future integration of ITS technologies and strategies. This project includes a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC) that will have the capability to monitor, control of connected traffic signals, and be used as a monitoring tool for research and analysis to help determine regional system enhancements, operations, and maintenance.

SERVICES
Services included bid administration and pre-construction assistance, grant funding administration, construction management, inspection, and project closeout services.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Justin Schlaefli, P.E., T.E., P.T.O.E.

Marvin Lara, E.I.T.

Stephen Biscotti
Michael Counce
Tony Tran
Jeff Lynn
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE
CV SYNC – PHASE II
Coachella Valley Association of Governments, Coachella Valley, CA Client Contact: Eric Cowle
Phone Number: (760) 346-1127
Project Cost: $93.0 million
Completion Date: November 2023

DESCRIPTION RELEVAN CE TO

PALM DESE RT
• Public Works Construction
Management Inspection
Project
• Traffic Signal,
Synchronization and Special
Inspections
• Electrical Inspections
• State and Federal Grant
Management
Phase II of this project located in the Coachella Valley consists of upgrading the local agencies existing legacy (outdated) traffic signal controllers, traffic management systems, and communication systems with the latest off-the-shelf technologies in order to provide interagency traffic signal synchronization along eight regional roadways for more than 500 intersections. The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation System (ITS) elements, ITS sub-systems, and Ethernet/IP-based communications that will be expandable and scalable for future integration of ITS technologies and strategies. This project includes a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC) that will have the capability to monitor, control of connected traffic signals, and be used as a monitoring tool for research and analysis to help determine regional system enhancements, operations, and maintenance.

SERVICES
Services included bid administration and pre-construction assistance, grant funding administration, construction management, inspection, and project closeout services.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Justin Schlaefli, P.E., T.E., P.T.O.E.

Marvin Lara, E.I.T.

Stephen Biscotti
Michael Counce
Tony Tran
Jeff Lynn
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE
9TH STREET TRANSIT STOPS SIDEWALK AND BIKEWAY IMPROVEMENTS City of Highland, CA
Client Contact: Carlos Zamano
Phone Number: (909) 864-6861
Project Cost: $500 Thousand
Completion Date: Ongoing

DESCRIPTION RELEVAN CE TO

PALM DESE RT
• Sidewalk improvements
• Curb, Gutter, and Bike Lane
Improvements
• Signing and Striping
• Residential Streets
TKE provided project management and design services in four progressive phases: 30%, 65%, 95%, and 100 completions. The City of Highland (City) has been awarded two grants under the Transportation Development Act Article 3 Grant Program for funding two City projects designated as Schedule I for Sterling Avenue Improvement and Schedule II(A) for Water Street Improvement and Schedule II (B) for Water Street Bikeway Project No. swk16001. The overall length of sidewalk and driveway replacement is 252 linear feet at a width of 6 feet, with an additional 4-foot sidewalk behind 90 linear feet of driveway replacement, totaling 1,875 square feet of driveway and sidewalk replacement for Sterling Avenue Improvement.

For Water Street Improvement and Bikeway, the installation of an ADA curb ramp and cross gutter removal and replacement at the intersection of Water and Weaver Street.

SERVICES
Services included Project Management, Record Research, Plan Review Meetings, Design Surveying, Base Construction Drawings, Right of Way Analysis, Design and Preparation of Street Improvement Plans, Construction Cost Estimate and Construction specifications.

Final Coordination with Agencies, Assistance During Bidding and Construction and As-Built Plans.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Octavio Parada
Jose Martinez
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE

COUNTY LINE ROAD TRANSPORTATION CORRIDOR (LLP)
City of Calimesa, CA
Client Contact: Will Kolbow
Phone Number: (909) 795-9801
Email: [email protected]
Project Cost: $10.1 million
Completion Date: Current

DESCRIPTION RELEVAN CE TO

PALM DESERT
• Project & Construction
Management
• Grant Funded
• Street/Pedestrian Design
• Design Survey
• Right-of-Way Engineering
• Caltrans Local Assistance
Processing
TKE prepared and obtained a grant for the City of Calimesa through the Road Repair and Accountability Act of 2017 (SB1) Local Partnership Program (LPP). TKE is preparing street widening and roundabout improvements for the construction of the County Line Road Transportation Corridor. The Project includes four (4) single-lane and one (1) multi-lane roundabouts, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout intersection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly reducing right-of-way and construction costs to construct a four-lane corridor.

SERVICES
Services include grant coordination and management, design, topographic survey, right-ofway engineering, environmental assistance, roadway safety analysis, preparation of exhibits, cost estimates, coordination with California Transportation Commission, construction management, inspection, and construction staking.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Steven Ledbetter, P.E.

Octavio Parada
Monae Pugh
Ron Musser, P.L.S.
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE

THOUSAND PALMS SIDEWALK SAFETY IMPROVEMENTS PROJECT
Community of Thousand Palms, CA
Client Contact: Darrel Hartman
Phone Number: (949) 724-7517
Project Cost: $1.6 million
Completion Date: Ongoing

DESCRIPTION RELEVAN CE TO

PALM DESE RT
• Complete Streets
• Traffic Signal
Modification/Design
• Street/Pedestrian Design
• Community Outreach Efforts
• Grant Funding
TKE is providing design engineering services for the Active Transportation Program Safe Routes to Della S Lindley Elementary School project for the County of Riverside Transportation Department in the Community of Thousand Palms. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the roadway pavement, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along La Canada Way from Via Ventana to San Miguelito Drive and El Centro Way from Via Ventana to San Miguelito Drive.

SERVICES
Services include design, utility conflict coordination, and construction assistance.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Ron Musser, P.L.S.

Octavio Parada
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE
ATP CYCLE 3 SAFE ROUTE TO SCHOOL PEDESTRIAN IMPROVEMENTS

PROJECT
City of Fontana, CA
Client Contact: Jeffrey Kim, P.E.

Phone Number: (909) 350-7632
Email: [email protected]
Project Cost: $1.9 million
Completion Date: 2021

DESCRIPTION RELEVAN CE TO

PALM DESERT
• Street/Pedestrian Design
• Grant Funding Coordination
• Utility
Relocation/Coordination
• Design Topographic Surveying
Right-of-Way Engineering (19
Parcel Acquisitions)
TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fontana for Fontana Ave and Arrow Boulevard. This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear foot ADA and pedestrian enhancement project. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction.

SERVICES
Services included design, surveying, grant management, PES preparation, environmental compliance services, utility coordination, right-of-way engineering, and construction assistance.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Octavio Parada
Monae Pugh
Ron Musser, P.L.S.
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE

SIERRA AVENUE WIDENING PROJECT
City of Fontana, CA
Client Contact: Phil Burum
Phone Number: (909) 350-6727
Email: [email protected]
Project Cost: $11.3 million
Completion Date: May 2024

DESCRIPTION RELEVAN CE TO

PALM DESERT
• Design and Construction
Staking for Sewer, Traffic
Signals and Utility Relocations
• Right-of-Way Acquisition
• Extensive Utility Coordination
and Permitting
• Community Outreach Efforts
The Sierra Avenue widening improvements project is located in the City of Fontana north of Interstate 10 Freeway between Foothill Boulevard and Baseline Road. The project is approximately 1 mile of widening for the City’s primary north-south arterial street widening the roadway from 4 lanes to 6 lanes. The project includes street widening, raised landscape median, new sewer main installation, traffic signal installation and modifications, traffic signal interconnect and fiber optic cable installation, and extensive utility coordination for water main replacement, Rule 20A and Rule 20B undergrounding work. The project also includes right-of-way acquisition for 76 parcels, traffic analysis, review of construction plans, coordination with project design consultants, construction management and construction staking services. TKE represents the City with other agencies, represented engineering with the City’s management personnel and other meetings, managed engineering budgets and project schedules.

SERVICES
Services include design, topographic survey, right-of-way engineering and acquisition, roadway safety analysis, preparation of exhibits, cost estimates, utility coordination, construction management, and construction staking.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Justin Schlaefli, P.E., T.E., P.T.O.E.

Monae Pugh
Ron Musser, P.L.S.
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE

ARTICLE III SIDEWALK IMPROVEMENTS PROJECT
City of Highland, CA
Client Contact: Carlos Zamano
Phone Number: (909) 864-6861
Project Cost: $2.1 million
Completion Date: 2018 – Current

DESCRIPTION RELEVAN CE TO

PALM DESE RT
• Local Project Expertise
• Curb, Gutter, and bike lane
improvements
• Signing and Striping
• Residential Streets
TKE provides utility relocation and coordination, construction management, inspection, construction management, and field survey. The Article III Sidewalk Improvements Project includes installation of a new high visibility crosswalk with inground lighting, installation of a new curb ramp, retrofitting an existing curb ramp, and installation of new bus pad on Central Avenue and construction of seven sidewalk obstruction clearances along Base Line and Sterling Avenue.

SERVICES
Services include utility relocation and coordination, construction management, inspection, construction management, and field survey.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Ron Musser, P.L.S.
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE
ATP SAFE ROUTE TO SCHOOL – FONTANA AVENUE AND ARROW

BOULEVARD
City of Fontana, CA
Client Contact: Phil Burum
Phone Number: (909) 350-6727
Email: [email protected]
Project Cost: $1.1 million
Completion Date: May 2018

DESCRIPTION RELEVAN CE TO

PALM DESERT
• ATP Funded Project
• Street/Pedestrian/Bike Lane
Design
• Grant Funding Coordination
• Utility
Relocation/Coordination
• Design Topographic
Surveying
Community Outreach Efforts
TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fontana for Fontana Ave and Arrow Boulevard. This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear foot ADA and pedestrian enhancement project. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction.

SERVICES
Services included design, surveying, grant management, PES preparation, environmental compliance services, utility coordination, right-of-way engineering, and construction assistance.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Octavio Parada
Monae Pugh
Ron Musser, P.L.S.
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE
ATP CYCLE 1 SAFE ROUTES TO CALIMESA AND WILDWOOD ELEMENTARY

SCHOOLS
Cities of Calimesa and Yucaipa, CA
Client Contact: Fermin Preciado, P.E.

Phone Number: (909) 797-2489
Email: [email protected]
Project Cost: $1.1 million
Completion Date: 2017

DESCRIPTION RELEVAN CE TO

PALM DESERT
• SR2S Grant Funded
• ADA Improvements
• Street Widening
• Right-of-Way Acquisition
• Pavement Rehabilitation
• Utility Relocation
TKE is providing design engineering services for the Active Transportation Program, Cycle 1 Safe Routes to Calimesa and Wildwood Elementary Schools project for the Cities of Yucaipa and Calimesa. This project consists of the preparation of full Construction documents including environmental compliance documents, right-of-way acquisition, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the Bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along Avenue ‘H’ from 3rd Street to Holmes Street and along County Line Road between 3rd Street and California Street.

SERVICES
Services include design, surveying, funding management through Caltrans, PES preparation, environmental compliance services, utility coordination, right-of-way engineering, and construction assistance.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Monae Pugh
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE

CAMINO AVENTURA SIDEWALK SAFETY IMPROVEMENTS PROJECT
City of Desert Hot Springs, CA
Client Contact: John Ashlock
Phone Number: (951) 955-1511
Email: [email protected]
Project Cost: $1.0 million
Completion Date: December 2018

DESCRIPTION RELEVAN CE TO

PALM DESERT
• Street/Pedestrian Design
• ADA Compliance
• Grant Funding Coordination
• Utility
Relocation/Coordination
TKE provided design engineering services for the Active Transportation Program Safe Routes to Bubbling Wells Elementary School project for the County of Riverside Transportation Department in the Community of Desert Hot Springs. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the roadway pavement, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along Camino Aventura from Avenida Descanso to Bubbling Wells Road.

SERVICES
Services included design, ADA compliance, utility research, utility conflict coordination, and project management.

KE Y STAFF
Terry Renner, P.E., P.L.S., Q.S.D.

Ron Musser, P.L.S.

Octavio Parada
Monae Pugh
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SECTION B | EXPERIENCE AND TECHNICAL COMPETENCE

R E F E R E N C E S
TKE takes pride in our reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of work, and believes that a high level of quality is needed for design of all projects in order to protect the City’s interest, enforce the contract documents and minimize change orders. The following list of project examples showcase our team’s experience and relevance. This experience highlights a few of our recent projects and includes a description of the projects. We encourage you to review and contact the references associated with each of them.

PR O J E C T N A M E P R O J E C T D E S C R I P T I O N C O N T A C T I N F O R M A T I O N

D A T E
O F

S E R V I C E
CV SNYC, Phase I
Construction management, inspection
and grant administration. Signal
synchronization and regional
integration for over 120 intersections.

Coordination with 11 agencies
Coachella Valley Association of Governments
Eric Cowle, Project Manager, [email protected],
(760) 346-1127
November
2023
CV SNYC, Phase II
Construction management, inspection
and grant administration. Signal
synchronization and regional
integration for over 500 intersections.

Coordination with 11 agencies
Coachella Valley Association of Governments Eric
Cowle, Project Manager, [email protected],
(760) 346-1127
Current
9 th Street Transit Stops
Sidewalk and Bikeway
Improvements
Project management and design
services for sidewalks, ADA curb
ramps and bikeway improvements
City of Highland
Carlos Zamano
(909) 864-6861
Current
County Line Road
Roundabouts Street
Improvement Project
Construction Management and
Inspection, Street Improvements,
Grant Administration
Cities of Calimesa and Yucaipa
Will Kolbow, [email protected]
(909) 795-9801
March
2024
Thousand Palms
Sidewalk Safety
Improvements Project
Engineering design services and
construction support services
sidewalks, crosswalks, ADA curb
ramps
Community of Thousand Palms
Darrell Hartman
(949) 724-7517
Current
ATP Cycle 3 Safe Route
to School Pedestrian
Improvements Project
Construction and grant management,
surveying and design. Sidewalk, curb,
curb ramps, gutter, and bike lane
improvements
City of Fontana
Jeffrey Kim, P.E., [email protected]
(909) 350-6724
2021
Sierra Avenue Street
Improvements
Construction management, inspection
and design. Street widening and
traffic signal construction
City of Fontana
Phil Burum, [email protected]
(909) 350-6727
May 2024
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SECTION C | FIRM STAFFING AND KEY PERSONNEL
SECTION C | FIRM STAFFING AND KEY

PERSONNEL

S T A F F I N G
TKE’s project team will consist of 6 key personnel and is committed to providing services as presented herein. Terry Renner, P.E. P.L.S., Q.S.D., Senior Vice President of TKE, will serve as TKE’s liaison and Project Manager to the City. He will be responsible for all services provided by TKE.

Supporting Mr. Renner will be TKE’s key personnel: Justin Schlaefli, P.E., T.E., P.T.O.E., Project Engineer; Octavio Parada, Street Specialist; Monae Pugh, Traffic Engineering Specialist; Steven Ledbetter, P.E., Grant Opportunity
Assistance and Ron Musser, P.L.S., Director of Surveys. TKE has 59 Professional Engineers, Designers, Surveyors, Project Managers, Plan Checkers, Traffic Engineers, and Support Staff.

K E Y P E R S O N N E L
Terry Renner, P.E., P.L.S., Q.S.D.

Project Manager
California P.E. No. 69984
California P.L.S. No. 9762
Q.S.D. Certification No. 24329
Mr. Renner has over 24 years of
construction experience on civil engineering infrastructure projects, including pavement rehabilitation, transportation improvements, drainage improvements, sewer and water
improvements, facilities improvements and recreation
improvements. He has managed numerous projects for the
City of Palm Desert and has delivered projects for the Cities of Highland, Hesperia, Fontana, Rialto, Upland, Riverside, Redlands, Moreno Valley and Corona.

As a project manager, Mr. Renner has been responsible for field analysis, design production, supervising a staff of engineers and drafters, coordinating work between the
production team and the client, and for submitting all
deliverables in a timely manner. He has successfully
delivered a wide variety of complex and challenging projects and is dedicated to ensuring that the plans produced by TKE continue to exceed industry standards. Mr. Renner’s
greatest attribute is his ability to deliver projects on time and on budget. His vast experience ensures success again and again. He also understands the importance of working as a team member. Mr. Renner understands that he will be given direction from City staff and fully understands the need to maintain proper protocol while providing services.

Justin Schlaefli, P.E., T.E., P.T.O.E.

Project Engineer
California P.E. No. 74670
California T.E. No. 2564
Mr. Schlaefli has 21 years of experience
in the transportation field. He is
responsible for managing projects on a
day-to-day basis as well as interfacing with other project team members and decision makers/ government staff and
Contractors. He specializes in Intelligent Transportation Systems, Transportation Planning, Construction, Signal
Maintenance, Traffic Engineering and Traffic Operations.

He has experience working on both public sector projects as well as private sector development. His experience ranges from design to construction management and inspection to operations and maintenance. He also has experience
conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic microsimulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Mr. Schlaefli has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry.

He is also an alumnus of San Diego State University where he has served as a guest lecturer and adjunct faculty
teaching Transportation Engineering and helping to mentor the next generation in his field.

Through his career, Mr. Schlaefli has accumulated truly unique experience in Traffic Engineering. For example, Mr.

Schlaefli has served as an expert for the State Board of Professional Engineers with respect to creation of the Traffic Engineer license exam. In addition, Mr. Schlaefli has served as a qualified expert witness for the US Attorney’s office in cases involving traffic accidents and traffic signal timing.

Also, Mr. Schlaefli has completed hundreds of traffic and safety studies throughout his career including substantial CEQA/NEPA work. Finally, Mr. Schlaefli has overseen
design/build projects for signal modification and ITS
improvements including projects in Caltrans jurisdiction and involving multi-agency coordination.
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SECTION C | FIRM STAFFING AND KEY PERSONNEL
Octavio Parada
Street Specialist
Traffic Engineering for Highways
Certification
Mr. Parada has over 24 years of
progressive experience in civil
engineering in the public works sector as
well as the private sector. He is result-driven, proactive and detail-oriented with a proven track record of successfully handling and delivering a wide variety of complex and
challenging projects. He is dedicated to ensure that projects exceed industry standards and consistently finishing under budget and schedule. Through his career, Octavio has
accumulated extensive experience in planning, designing and project completion for more than 30 miles of roadways, street widening, medians, traffic calming, roundabouts, signing and striping modifications, bicycle lanes, pedestrian facilities for major corridors, arterials, collectors and residential streets, including drainage improvements,
grading plans and computerized system modeling for
drainage master plans. Finally, Octavio has worked in the private sector for commercial and industrial development as technical director managing projects from the conceptual stage, through planning, designing, bidding, construction, and project completion under project specifications and exceeding client expectations.

Monae Pugh
Traffic Engineering Specialist
Ms. Pugh has over 32 years of Municipal
and Public Agency engineering
experience with a wide range of
responsibilities and projects emphasizing
the discipline of Transportation and Traffic Engineering.

Prior experience includes over 16 years in the County of Riverside Traffic Engineering Department. Ms. Pugh has
actively pursued continuing education throughout her
career through U.C. Berkley extension courses offered by the Institute of Transportation Studies and couples this with functional engineering experience. She is a Certified Grant Writer through Cal State San Bernardino Certification
Program and has secured multiple Transportation grants for a wide variety of infrastructure projects.

Steven Ledbetter, P.E.

Grant Opportunity Assistance
California P.E. No. 84044
Mr. Ledbetter has over 21 years of
professional experience in the civil
engineering industry. He has handled
various critical and challenging projects
from planning through design and implementation; all while ensuring that projects are executed as per specification in the stipulated time with quality. He has a well-rounded background with experience in: grant writing and
administration for various State and Federal agency
programs; preparation and analysis of street and utility improvement plans and specifications including potable and non-potable water, wastewater, and drainage; utility
master planning including computer modeling, analysis, and report preparation; water resource planning and
management including feasibility studies, urban water
management planning, water supply assessments and
verifications, integrated regional water management
planning, and groundwater management planning; storm
water compliance reporting including water quality
management plans and storm water pollution prevention
plans.

Ron Musser, P.L.S.

Director of Surveys
California P.L.S. No. 4230
Mr. Musser has over 52 years of
experience in performing field and office
surveying services for public and private
projects including roadway and highway
projects. Prior to joining TKE Engineering, Inc., Mr. Musser worked as a Partner in an engineering and surveying firm and supervised the mapping department providing mapping and calculations support for the firm’s projects. He has performed design topographic surveying and construction staking on all of TKE’s respective design and construction management projects over the past 15 years. In addition, he has prepared records of survey, parcel maps and tract maps in San Bernardino County, Riverside County, San Diego
County, Orange County and Los Angeles County. He has
performed boundary, topographic, ALTA, and precise level surveys as well as Global Positioning Surveys. Mr. Musser’s experience includes right-of-way and easement acquisition. 112
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SECTION C | FIRM STAFFING AND KEY PERSONNEL
TKE’s professional team is supported by 59 Professional Engineers, Project Managers, Surveyors, Plan Checkers,
Inspectors, Designers, Construction Managers, and Support Staff.

S U B C O N T R A C T O R S
TKE will not retain Subconsultants for this project.
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SECTION C | FIRM STAFFING AND KEY PERSONNEL
Project Manager
Terry Renner
P.E., P.L.S., Q.S.D.

TKE Engineering, Inc.

Project Engineer
Justin Schlaefli
P.E., T.E., P.T.O.E.

TKE Engineering, Inc.

Street Specialist
Octavio Parada
TKE Engineering, Inc.

Traffic Engineering
Specialist
Monae Pugh
TKE Engineering, Inc.

Director of Surveys
Ron Musser, P.L.S.

TKE Engineering, Inc.

Grant Opportunity
Assistance
Steven Ledbetter, P.E.

TKE Engineering, Inc.

T E A M O R G A N I Z A T I O N

S U P P O R T T E A M
( 59 + M e m b e r s )
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SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK
SECTION D | PROPOSED METHOD TO

ACCOMPLISH THE WORK
TKE has two unique advantages associated with the
experience of TKE’s project team. One benefit of TKE’s
project team is our extremely low internal turnover rate. As a result of our rigorous interview and testing procedures, coupled with our extremely high employee satisfaction
rates, TKE staff has years of experience working together.

The close relationships each of our staff members have with one another, provide the City with an extremely well
rounded and experienced team. As such, TKE’s project team experience directly correlates with TKE’s firm experience described below.

The second benefit of TKE’s project team is our internal training procedures. TKE has strived to develop techniques that reach outside the box and develop well rounded
individuals committed to providing high quality, efficient services to meet all of our clients’ needs. TKE trains our staff on every facet of engineering design and construction to provide a level of knowledge that can identify problems in every phase of a project, from planning through
construction.

It is this commitment to service and diverse array of
offerings that makes us unique and drives our long-standing relationships with our client base. Understanding that all aspects of civil engineering are important to ensure the City’s interests are protected and project schedules are met, our team brings TKE management level professionals to
projects ensuring that every aspect receives full and
comprehensive consideration. It is this personal touch and contact that define our “local service” approach. We
consider ourselves community builders and take ownership of services requested from TKE, ensuring that our personnel will be allocated on an as needed basis in order to complete all services on schedule and within specified budget. TKE is committed to responding to our clients’ needs as they arise.

P R O A C T I V E S C H E D U L I N G
TKE’s corporate structure guarantees that the principals of the firm will be intricately involved with all aspects of the project which translates to effective communication and project stability for the City. TKE’s principals and support staff are highly qualified in managing all sizes and types of projects and have a proven track record of successfully delivering even the most challenging projects. Our
construction management staff utilize a matrix listing
upcoming events, required permits, action items and
prerequisite tasks that need to be accomplished in order to keep the project moving forward on schedule. Each week
at the construction progress review meetings all action items are reviewed to ensure accountability is taken
towards completing each task on schedule.

W O R K L O A D
TKE currently provides similar services to the City and to other clients; however, as can be verified by our references, TKE effectively meets the needs of our clients. If selected, TKE is committed to meeting all of the City’s needs. TKE’s local service approach ensures that the City’s needs will be met and TKE will constantly exceed the City’s expectations.

TKE maintains state of the art conferencing and
communications equipment. We are fully capable of
hosting multi-participant meetings including video
conferencing. TKE, with its current clients, already utilizes similar tools including clients’ ability to view host computer screens for document development and review.

R E S O U R C E S
TKE is aware of the City’s need to complete projects on schedule. We are committed to providing services as
requested in the RFP to ensure the project is completed on schedule. TKE’s proactive management approach ensures
we rarely experience ‘crisis’ project delivery needs. When requested by a client, TKE will add resources, commit
extended work hours, develop an efficient implementation plan and other efforts as needed to bring the project back on schedule at no charge to the City.

We are sure that the successful results of our past
performance in the delivery of projects, along with our firm’s proven ability to utilize our experience for a complete and well-engineered project, will provide a valuable
resource to the City.

P R O J E C T A P P R O A C H
Successful project delivery is our goal. Our definition of successful project delivery is:
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• Project completion that meets all project
requirements
• Project completion within budget
• Project completion on schedule
Our goal is not limited to the design of the project only, but includes the incorporation of value engineering and
constructability review. Through the examination of
specific design alternatives, we will identify the most costeffective project alternative that meets design requirements and will provide for the greatest opportunity for expedited construction, which allows us to consistently deliver projects that use public resources in a very wise and responsible manner. We have developed this project
approach in order to maintain an expertise in our core
business of projects with tight budgetary constraints.

With transportation projects, our experience tells us that there must be a proactive approach to completing the work in order to meet scheduling and community requirements.

This approach includes early identification of critical design elements, familiarity with funding requirements, early
utility coordination for relocation and accurate cost
estimating throughout the entire process. In preparing this proposal, our team completed project site review, City goals and project constraints to establish key issues so we can be prepared to mobilize upon notice.

C R I T I C A L I S S U E S
TKE’s understanding of the project requirements is the key to successfully overcoming project challenges within the proposed project schedule. TKE has worked with similar
projects. Our experience allows TKE to develop a much
greater project understanding and will allow TKE to begin work on critical issues immediately after the project is awarded.

I D E N T I F I C A T I O N O F C R I T I C A L D E S I G N

E L E M E N T S
Our approach to identification of critical issues will be to immediately initiate field review, perform very thorough records research, and document all the critical design
elements so they can be presented to the City. This will provide a head start on instructing our survey team about what detailed information to collect. These elements
include the location of any areas that will require special construction methods or ADA requirements, and location of existing utilities in order to ensure proper separation or establish relocation requirements early on during design.

S T R E E T , D R I V E W A Y A N D P R O P E R T Y

T R A N S I T I O N S
For curb, gutter and sidewalk projects, transitions to
existing improvements are typically the most challenging component of design. Street transitions will require that improvements be constructed at ultimate locations with
interim design being implemented. Therefore, the
improvements must be constructed so that no
reconstruction of permanent improvements will be
required, and interim transitions are safe and functional.

For driveways, grades will require special attention.

Construction of curb and gutter normally lowers flow lines grades to ensure desired street cross-sections can be
developed. In addition, the sidewalk and driveway
construction reduce the transition lengths. The
combination of the two may create excessive grades if not appropriately designed. To ensure such does not occur, TKE will review survey data well into the properties and
recommend construction of improvements beyond street
right-of-way, if necessary, to minimize construction impacts on private driveway grades.

For private improvements, it appears that private
improvements such as fences, walls, and landscaping may be impacted by construction. TKE will identify such impacts early during project design and will develop an action plan for working with residents that may be impacted. Our goal will be to complete design that will adequately convey
drainage at the same time as minimizing private property impacts.

R I G H T - OF - W A Y
Upon determination of project limits, TKE will assess rightof-way needs. It appears that right-of-way will be required for construction of curbs and adjacent sidewalk and right of entries or temporary construction rights-of-way may be
needed for private improvement restoration.

U T I L I T Y C O O R D I N A T I O N
TKE will research existing facilities including water meters, light poles, fire hydrants, drainage facilities and utility pull boxes and vaults to identify any relocation
requirements. Again, we will identify these facilities early in project design to begin coordination at the earliest
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SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK
opportunity. Agencies that maintain private utilities can be cumbersome in getting facilities relocated. Early
coordination will prevent project delays.

P U B L I C M E E T I N G S
As presented in the RFP, public meetings including Council presentations may be needed. Public comments will be an important part of project design. TKE has considerable
experience with public meetings. TKE will present the
project design and discuss project features at these
meetings. In addition, TKE will document all public
comments and, as directed by the City, will incorporate these comments into the selected design for the project.

TKE has provided similar services to many agencies and will provide effective public meetings.

A C C U R A T E C O S T E S T I M A T I N G
Our approach to controlling costs is to provide frequent and accurate cost estimates by using TKE’s detailed cost
estimating database. In addition to using this database, TKE utilizes our considerable experience with Construction
Management to assist in providing constructability reviews and cost estimating based on current information from our on-going projects. Finally, with the current economic
climate, construction costs are widely varying. We will also discuss the project’s elements with local contractors to assure that we have the most current construction
information available so that the City can get the most “bang for their buck”.

S C O P E O F W O R K
The Walk and Roll Phase 3 - Pedestrian Improvements
Project includes the addition of sidewalks and crosswalks, ADA improvements to sidewalks, curbs and ramps,
implementation of traffic calming measures (i.e. stop signs, narrowing of streets, speed humps) and sidewalk
maintenance on the following identified streets: Fairhaven Drive from Fred Waring Drive to San Juan Drive; San
Gorgonio Way from Monterey to San Pablo Avenue; De
Anza Way from San Pablo to Portola Avenue; Catalina Way from San Pablo to Portola Avenue; San Pascual Avenue from Alessandro to Fred Waring Drive. TKE’s scope of services is as follows:

P R O J E C T M A N A G E M E N T
TKE provides effective project and construction
management services to a variety of clients. We have
successfully delivered street improvement, traffic
improvement, and drainage improvement projects for the
City of Palm Desert, the Counties of Riverside and San
Bernardino, and Cities of Banning, Calimesa, Moreno Valley, Corona, Highland, Hesperia, Colton, Upland, Fontana,
Yucaipa, Rialto, Redlands, El Monte, South El Monte,
Wildomar, Lake Elsinore, and Riverside. TKE’s approach has consistently allowed our partner agencies to fulfill their missions of delivering the best value for the public’s
investment. For this project, TKE will prepare a Project Management Plan (PMP). The PMP shall include
descriptions, procedures, and controls for managing all aspects of the project. At a minimum, the PMP shall include the following sections:
• Work Breakdown Structure
• Project Team Organization
• Communication Protocols
• Anticipated Meetings and Presentations
• Project Controls (Budget, Schedule, Earned Value,
Monitoring, etc.)
• Document Management
• Quality Control
TKE’s management approach includes:

BIWEEKLY PROGRESS REPORTS, SCHEDULE AND PROGRESS
REPORTS – TKE documents project progress for all project assigned to TKE by a comprehensive project management
summary. The summary includes project name and related
number, description of progress, budget status, schedule compliance, and anticipated upcoming accomplishments.

TKE will submit a detailed, cost-loaded, project baseline schedule, and update the baseline schedule biweekly using actual dates and costs, and provide the monthly invoice to the City. TKE will identify any changes to the schedule and provide a recovery plan for any critical path activities which are delayed.

TKE will submit a progress report biweekly and with the monthly invoice, with a narrative describing progress during the previous month, planned activities for the next month, 117
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SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK
coordination issues, critical project decisions, design schedule update, contract budget update including an
earned value analysis, and other information as required.

COMMUNICATION – Communications with agencies’ staff
is another important component to effective project
management. In addition to the monthly progress reports, TKE meets with clients as needed to ensure the projects are proceeding as anticipated. We document each discussion
or meeting with notes and electronically mail them to the project team within three days of the meeting/conference indicating action items and a schedule for completion of these items.

RECORD KEEPING – TKE keeps records in an organized filing system both in hard copy and electronic forms. This
organized filing system allows TKE to access records
immediately should they be needed.

MEETINGS – TKE meets with project stakeholders as needed including the public, permitting agencies, utilities, etc. We meet with them at the project’s onset and throughout the course of project development to ensure all stakeholder project needs are considered in the project design. All meeting preparation (Staff Reports, agendas, exhibits, slide shows, etc.) will be prepared by TKE for each meeting.

Again, meetings will be documented.

TKE will coordinate with and support City staff on all projectrelated issues. Provide project-related information within five days of requests for information by the City. If
additional time is required, provide a written request for an extension. TKE has provided numerous similar
presentations to Councils (closed sessions, council
meetings, community meetings, etc.).

PROGRESS MEETING – Progress meetings include all parties that have any interest in the project construction and are held weekly. TKE will attend progress review meetings,
workshops, and other technical review sessions with the City and provide meeting agenda and meeting materials
(figures, presentation slides, etc.) a minimum of five days ahead of the scheduled meeting time. TKE will provide
meeting minutes summarizing the meeting, action items,
and decisions within five days of the meeting or workshop.

PUBLIC ENGAGEMENT – As required, TKE has included 6
public meeting in our scope of services. TKE’s Project
Manager is experienced with public relations associated with public works projects. TKE performs initial site visits to all potentially affected properties. TKE identifies
improvements that will benefit the property. Our approach builds a project coalition with the public which reduces public complaints at council meetings and provides a sense of ownership with the project. TKE’s Inspector also
performs routine visits during construction to check on the property owners concerns and to see if there are any issues that need to be mitigated.

GRANT WRITING SUPPORT – TKE will assist the City in
pursuit of Grants. TKE’s Grant Writing/Funds Management team enables our municipal and agency partners of any size to find potential funding sources and to prepare
competitive funding applications. Additionally, after funds are awarded to a partner, TKE ensures compliance with
state and federal funding requirements. In the past few years, TKE has obtained millions of dollars in funding for our public works projects and transportation improvements.

Our grant writing services are enhanced by integration with engineering services to facilitate and integrate project design. This expedites project start up and completion and ensures compliance with funding requirements.

TKE has assisted clients secure funding from the following programs:
• Local Partnership Program (LPP)
• Safe, Accountable, Flexible, Efficient
Transportation, Equity Act (SAFETEA-LU)
• Highway Infrastructure Program (HIP)
• Active Transportation Program (ATP)
• Safe Route to School Program (SR2S)

R E C O R D S R E S E A R C H
We will thoroughly research existing survey records and acquire copies of all available records. The purpose of the records research is to assemble survey records to establish locations of street centerlines, street rights-of-way, and easements. The research will consist of assembling copies of assessors’ maps, tract maps, parcel maps, easement
documents, monument ties, benchmark data, corner
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records, and street and storm drain improvement plans. We will request the City provide copies of available pertinent City records, such as survey ties, benchmarks, and street and storm drain improvement plans.

D E S I G N S U R V E Y
Topographic surveying includes collecting information
required to adequately design ADA curb ramps
improvements. Our field survey crew will locate existing street centerline monuments utilizing survey control data.

The crew will measure the horizontal angle, horizontal
distance, and vertical elevation difference between each survey monument. We will complete a traverse for each
survey to ensure closure. Elevations will be tied to existing City benchmarks. We will collect appropriate detail as
required including edge of pavement, driveways, curbs,
gutters, cross gutters, walkways, sidewalks, landscaping, irrigation, fire hydrants, water valves, manholes, water meters, trees, signs, street lights, power poles, and all other visible features.

M A P P I N G
Utilizing survey data, we will prepare the base construction drawings on 24” by 36” sheets with the City’s standard title block using AutoCAD 2020 software, utilizing our standard layering system, at a drawing scale of 1” = 40’. Mapping will include a plan view. We will add the sheet north arrow, graphic scale, existing improvements and utilities (based on both assembled records and field data), property lines, public and private right-of-way, easement areas, assessor parcel numbers, street centerline, street names, water
service location; sewer manhole lids and water valve lids; driveways, pedestrian ramps; traffic stripes and legends; curb returns; details of private improvements, fences, gates, irrigation systems, mailboxes, trees and landscaping, and survey data to the plan view portion of the drawings. Once the base drawings are complete, we will perform a careful field review to ensure all underground facilities are shown correctly.
6 5 % D E S I G N
65% Design will include preparation of construction
drawings, technical specifications and construction
estimates.

Construction drawings will show proposed street and
intersection geometrics including locations of proposed curb, gutter, sidewalk and ramps. In addition, street grades will be prepared to establish project grading and drainage requirements. The proposed improvements will be
designed to minimize grading, earthwork, and transitions.

For the drawings, it is estimated we will prepare 1 title sheet, 1 construction note sheet, 10 demolition sheets, 20 plan/profile sheets, 10 signing and striping sheets and necessary detail sheets.

The title sheet shall include the title of the job, a vicinity map showing the City in relationship to surrounding
communities, a location map showing the project limits, construction notes, an index for the drawings, list of
references on the City’s standard title block.

The construction note sheets will show general construction notes, a list of abbreviations used, benchmark data, general notes, utilities with phone numbers, and project specific requirements.

The demolition sheets will show existing improvement
demolition including limits of removal, saw cutting locations and limits and concrete cross gutters and curbs, if required.

In addition, the plan will specify relocation of other
improvements as required.

Plan/profile sheets will show proposed improvements
including curb and gutter, sidewalks, handicap ramps,
pavement limits, overlay limits, signs, traffic stripes, existing utility relocations (if any), utility relocations, and sewer manhole, valve, and vault cover grade adjustments. For the profile portion of the drawings, we will show existing and proposed sidewalk elevations and proposed streets with
appropriate design data.

The signing and striping sheets will include all required pavement markings, lane stripes and signage in accordance with the MUTCD, California supplement and all other
applicable City requirements, for the project limits. The sheets will be prepared at 1”=40’ scale and include full geometrical layouts at each intersection.
65% Design (construction drawings, right-of-way
documents and approvals) will be submitted with a project summary memorandum together with an updated project
schedule, utility contact matrix, stakeholder meeting
summary, and internal plan review documentation.
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Request for Proposal No. 2024-RFP-128 Walk and Roll PD Phase 3 – Pedestrian Improvements City of Palm Desert
SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK

U T I L I T Y C O O R D I N A T I O N
After 65% design is complete, plans will be sent to agencies having facilities in the project areas requesting that they verify their facilities are shown correctly and that they furnish any construction requirements they desire. We will begin coordination for permit acquisition and / or highlight each agency’s facilities and advise each of potential conflicts and relocation requirements. We will request that they
respond within two weeks, and we will follow up with
telephone calls to confirm all agency requirements have been incorporated. We will document all conferences with utilities and agencies and copy the City via e-mail.

R I G H T - OF - W A Y E N G I N E E R I N G
TKE will prepare and maintain a right-of-way acquisition map and will update it as right-of-way progresses. The map will show all required rights-of-way for project construction.

The map will be prepared on a 24” by 36” sheet with City Standard title block using AutoCAD 2020 software at an
appropriate drawing scale. All parcels will be identified with Assessor Parcel Number, width of required right-of-way
acquisition and total acquisition area.

TKE will prepare all necessary final right-of-way documents for the project including permanent and temporary
construction right-of-way deeds and easements. We will
prepare legal descriptions and plats for each parcel
requiring acquisition. It is anticipated that the City will acquire appraisals for properties to be acquired and
perform acquisition negotiations with each property owner.

TKE estimates right-of-way document preparation for
approximately 10 parcels.
9 0 % D E S I G N
90% design will include incorporation of City/Permitting Agencies/Utility Agency comments, revised plans,
specifications, and estimates.
90% Design will be submitted with a project summary
memorandum together with an updated project schedule
and cost estimate.

FI N A L U T I L I T Y C O O R D I N A T I O N
After the 90% design is complete, we will again submit them to all agencies/utilities requesting that they verify their facilities are shown correctly and that they furnish any construction requirements they desire, having underground facilities in the project area requesting that they verify their facilities are shown correctly and we will advise them of the project construction schedule and relocation requirements and complete any required permit applications. In addition, we will coordinate final relocation construction prior to project bidding. We will document all meetings and
conferences with utilities and agencies.

F I N A L D E S I G N
Final documents will include incorporation of TKE QA/QC review and any City comments. Final documents will
include mylars and hard copy specifications and estimates with signatures and electronic copies of final documents

B I D D I N G A N D C O N S T R U C T I O N S U P P O R T TKE will provide project pre-award services as needed
including but not limited to preparation of bid documents, distribution of bid documents and advertisement, response to RFI’s during bid period, preparation of addenda as
required, review of bid proposals, verification of
contractor’s qualifications and experience, review of State license status, preparation of board agenda reports, and preparation of notice of award to the contractor.

TKE will review construction contractor submittals,
Requests for Information (RFIs), and proposed
modifications. TKE will provide written recommendations on reviewed submittals, construction methods, and
construction contractor requests for substitutions of
materials. Submittals will be reviewed, and written
comments returned to the City within five calendar days.

Responses to RFIs or proposed modifications will be
reviewed, and written recommendations returned to the
City within three working days.

TKE will prepare change order estimates and evaluate
change order requests.

TKE will perform on-site engineering support services as requested.

TKE will provide technical support in negotiations of change orders with construction contractors.
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SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK
TKE will attend meetings with City staff to discuss items during construction. Provide written meeting minutes to City within three working days from meeting.
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SECTION D | PROPOSED METHOD TO ACCOMPLISH THE WORK

P R O J E C T S C H E D U L E
122
Subconsultants Total
Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ $

1. Project Management 16 $ 2,800 24 $ 3,960 $ - $ - $ - 24 $ 2,160 $ - $ - $ 8,920

2. Initial "Kick Off" Meeting 4 $ 700 4 $ 660 $ - $ - $ - 2 $ 180 $ - $ - $ 1,540

3. Records Research 2 $ 350 2 $ 330 2 $ 350 $ - 8 $ 1,160 8 $ 720 $ - $ - $ 2,910

4. Design Surveying $ - 4 $ 660 4 $ 700 $ - 8 $ 1,160 $ - 88 $ 22,880 $ - $ 25,400

5. Base Construction Drawings 2 $ 350 8 $ 1,320 $ - 80 $ 12,400 120 $ 17,400 $ - $ - $ - $ 31,470

6. 65% Design 8 $ 1,400 112 $ 18,480 $ - 200 $ 31,000 280 $ 40,600 16 $ 1,440 $ - $ - $ 92,920

7. 65% Design Review Meeting 4 $ 700 4 $ 660 $ - $ - $ - 2 $ 180 $ - $ - $ 1,540

8. Utility Coordination 2 $ 350 2 $ 330 $ - 4 $ 620 8 $ 1,160 8 $ 720 $ - $ - $ 3,180

9. Right-of-Way Engineering

2.)
4 $ 700 $ - 12 $ 2,100 32 $ 4,960 64 $ 9,280 $ - $ - $ 87,013 $ 104,053

10. 90% Design 8 $ 1,400 56 $ 9,240 $ - 100 $ 15,500 140 $ 20,300 16 $ 1,440 $ - $ - $ 47,880

11. 90% Design Review Meeting 4 $ 700 4 $ 660 $ - $ - $ - 2 $ 180 $ - $ - $ 1,540

12. Final Utility Coordination 2 $ 350 2 $ 330 $ - 2 $ 310 4 $ 580 8 $ 720 $ - $ - $ 2,290

13. Final Design 2 $ 350 24 $ 3,960 $ - 64 $ 9,920 80 $ 11,600 8 $ 720 $ - $ - $ 26,550 Subtotal: 58 $ 10,150 246 $ 40,590 18 $ 3,150 482 $ 74,710 712 $ 103,240 94 $ 8,460 88 $ 22,880 $ 87,013 $ 350,193 Reimbursables (@1%)

1.)
: $ 10,506
Project Total

2.)
: $ 360,699
Rounded Project Total: $ 360,700
Rates: Notes:

Project Manager $ 175 /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

Project Engineer $ 165 /HR 2.) Assumes Legal and Plat Preparation for 7 Parcels Senior Surveyor $ 175 /HR 3.) Subconsultant Fee for Land Acquisition and Appraisal Services for 7 Parcels Associate Engineer $ 155 /HR
Assistant Engineer/Designer $ 145 /HR
Clerical $ 90 /HR
Survey Crew $ 260 /HR TKE Engineering, Inc.

City of Palm Desert
2024-RFP-128
Walk and Roll PD Phase 3 - Pedestrian Improvements Project Project Manager Project Engineer
Assistant
Senior Surveyor Engineer/Designer Survey Crew
Fee Schedule Breakdown
Associate Engineer Clerical
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 10th day of October, 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 TKE ENGINEERING, INC., a Corporation, with its principal place of business at 2305 Chicago Avenue, Riverside, CA 92507 ("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:

Walk and Roll PD – Phase 3 Pedestrian Improvements
Project No. CST00002
(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 October 10, 2024, to December 31, 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 125
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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 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: Terry Renner, Senior Vice President.

3.2.5 City's Representative. The City hereby designates Jess Culpeper, Director of Capital Projects, 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 Terry Renner, Senior Vice President, 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 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 126
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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.

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. 127
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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 $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 128
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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. 129
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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).

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.
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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. 131
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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 THREE HUNDRED SIXTY THOUSAND SEVEN HUNDRED Dollars ($360,700.00) 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.

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 132
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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.

3.4.2 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.

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 133
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be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.6.1.2 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 other information within fifteen (15) days of the request.

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.

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: TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
ATTN: Terry Renner, Senior Vice President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Lucero Leyva, 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 134
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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.

3.6.3.2 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 135
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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.

3.6.3.6 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 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. 136
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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.

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 137
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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.

3.6.19 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 TKE ENGINEERING, 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
TKE ENGINEERING, INC., A

CORPORATION
By:

Michael Thornton
President
By:

Terry Renner
Senior Vice President
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A”

SCOPE OF SERVICES AND COMPENSATION
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
Randy Chavez, Deputy Public Works Director
SUBJECT: AWARD CONTRACT TO DBX, INC., OF TEMECULA, CALIFORNIA, FOR

THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC SIGNAL
IMPROVEMENTS (PROJECT NO. CTS0001)
RECOMMENDATION:

1. Award a contract to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a $47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal Improvements.

2. Authorize the City Attorney to make necessary nonmonetary changes to the contract.

3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

4. 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:

The Market Place Drive and Cook Street Traffic Signal Improvements project includes the installation of a new traffic signal at the currently unsignalized intersection of Cook Street and Market Place Drive. This signal was identified as a mitigation measure in the Environmental Impact Report for the DSRT Surf Project (May 2019).

In addition to the signal installation, the project includes ADA-compliant curb ramps, sidewalks, and a range of infrastructure enhancements designed to improve accessibility and ensure seamless regional traffic synchronization thereby contributing to a safer and more efficient transportation network.

The City advertised the project and received five bids by September 17, 2024, as follows:

Contractor Location Total Bid
DBX, Inc. Temecula, CA $464,580.00
Elecnor Belco Electric, Inc. Chino, CA $468,888.00
PTM General Engineering Services, Inc. Riverside, CA $474,074.00 Crosstown Electric & Data, Inc. Irwindale, CA $530,789.00 Alfaro Communications Construction, Inc. Compton, CA $565,028.02 DBX, Inc., submitted the lowest responsive bid. The apparent low bid has been reviewed and found to be in full compliance with all bid requirements. The project is scheduled for completion 141
City of Palm Desert
Market Place Drive and Cook Street Traffic Signal Improvements

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within 90 days of the issuance of the Notice to Proceed, with an expected completion by February 2024.

Legal Review:

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

FINANCIAL IMPACT:

The Market Place Drive and Cook Street Traffic Signal Improvements Project is included in the approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List through Measure A Fund, Account No. 2134385-5000911, and the Traffic Signal Fund, Account No. 2344250-4400100; therefore, there is no financial impact on the General Fund. In addition, the DSRT Surf developer is required to contribute its fair share of the costs for installing the traffic signal at the intersection of Cook Street and Market Place Drive, with the contribution set at 12.1%.

Account Budget Project Cost Balance
2134385-5000911 $331,707
2344250-4400100 $460,075
Design – Advantec C45300 $100,610
Design – Contingency $10,000
*Construction – DBX $464,580
*Construction - Contingency $47,000
Total $791,782 $622,190 $169,592
DSRT Surf Contribution (12.1%) ($75,285)
Total Project Cost $546,905
*Current request
ATTACHMENTS:

1. Agreement

2. Payment and Performance Bonds

3. Contractor’s Proposal

4. Vicinity Map
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CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 10th day of October, 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 DBX, a Corporation, with its principal place of business at 42024 Avenida Alvarado, Suite A, Temecula, CA 92590 ("Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

Market Place Drive and Cook Street Traffic Signal Improvements Project No. CTS00001
(hereinafter referred to as “the Project”).

ARTICLE 2. TIME FOR COMPLETION.

ARTICLE 3. CONTRACT PRICE.

Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not 143
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exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 144
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ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.
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B. Insurance

A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
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(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

6. Fidelity Coverage. [Reserved].

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

C.Other Provisions or Requirements

3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be 147
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satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 148
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by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.
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ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND DBX, 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

DBX, A CORPORATION
By:

James C. Perry
President
By:

James C. Perry
Secretary/Treasurer
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Revised 11-2-20
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to DBX, Inc., (hereinafter referred to as the “Contractor”) an agreement for Market Place Drive and Cook Street Traffic Signal Improvements (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, DBX, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Four Hundred Sixty Four Thousand Five Hundred and Eighty Dollars, ($464,580.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
155
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ___________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
156
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared _____________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
157
Contract No. ___________

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed October 10, 2024, has awarded to DBX, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

Market Place Drive and Cook Street Traffic Signal Improvements (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated October 10, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Four Hundred Sixty Four Thousand Five Hundred and Eighty Dollars, ($464,580.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 158
Contract No. ___________
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
160
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

STATE OF CALIFORNIA
COUNTY OF ______________
On _________________, 20___, before me, _______________________________, Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
161
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
162
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[DBX, INC.] RESPONSE DOCUMENT REPORT
IFB No. CTS00001
Market Place Drive and Cook Street Traffic Signal Improvements RESPONSE DEADLINE: September 17, 2024 at 2:00 pm
Report Generated: Friday, September 20, 2024
DBX, INC. Response

CONTACT INFORMATION
Company:

DBX, INC.

Email:
[email protected]
Contact:

JAMES PERRY
Address:
42024 AVENIDA ALVARADO

SUITE A
TEMECULA, CA 92590
Phone:
(951) 296-9909
Website:
www.dbxincorporated.com
Submission Date:

Sep 17, 2024 1:32 PM (Pacific Time)
163
[DBX, INC.] RESPONSE DOCUMENT REPORT
IFB No. CTS00001
Market Place Drive and Cook Street Traffic Signal Improvements [DBX, INC.] RESPONSE DOCUMENT REPORT
PUBLIC WORKS - Market Place Drive and Cook Street Traffic Signal Improvements

Page 2 ends

Palm Desert City CouncilOctober 10, 2024

Palm Desert City Council
October 10, 2024