Palm Desert City Council
November 14, 2024

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Kevin Swartz, Project Manager
Randy Chavez, Deputy Director of Public Works
SUBJECT: ACCEPT CONTRACT NO. C43860 WITH VECTOR RESOURCES, INC.,

FOR THE SECURITY CAMERA INSTALLATION AS COMPLETE, AND

AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. MFA00015)
RECOMMENDATION:

1. Accept the Security Camera Installation Project as completed in accordance with the contract specifications.

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

BACKGROUND/ANALYSIS:

On August 25, 2022, the City Council awarded Contract No. C43860 to Vector Resources, Inc., in the amount of $206,039.29, with an additional $20,000 contingency, for the installation of security cameras at City Hall, the Corporation Yard, and the Parkview Building.

During the project, a change order of $19,936.47 was executed to cover the installation of additional data and cabling at the Parkview Building, utilizing the full contingency fund.

The contractor completed the camera installation on April 24, 2024. However, staff continued working with the contractor to finalize the software program and complete training. On August 16, 2024, the software and training were confirmed as complete, and all work met the contract requirements.

FINANCIAL IMPACT:

There is no further financial impact associated with this action.

ATTACHMENTS:

1. Notice of Completion
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C:\Program Files\eSCRIBE\TEMP\16503773345\16503773345,,,01 Notice of Completion.docx To be recorded with the Riverside County Recorder
on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.

APN 000-000-000 R/W NOTICE OF COMPLETION
(Cal. Civ. Code § 9200 et seq. – Public Works)
NOTICE IS HEREBY GIVEN:

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

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

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

4. That on the day of August 16, 2024, work of improvement described as Security Camera Installation Project, Project No. MFA00015 Contract No. C43860, on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: Vector Resources, Inc. dba VectorUSA.

6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as Palm Desert City Hall (73510 Fred Waring Drive, Palm Desert, CA 92260), The City Corporation Yard (74605 and 74705 42nd Avenue, Palm Desert, CA 92211), and Parkview Building (73710 Fred Waring Drive, Palm Desert, CA 92260).

CITY OF PALM DESERT

A MUNICIPAL CORPORATION
Date: By: _____________________________
Karina Quintanilla, Mayor

When recorded, return to:

Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260

VERIFICATION
STATE OF CALIFORNIA }
} ss
COUNTY OF RIVERSIDE }
On , 2024, before me, Anthony J. Mejia, City Clerk of the City of Palm Desert, personally appeared Karina Quintanilla, Mayor of the City of Palm Desert, a Municipal Corporation, and acknowledged to me that the City of Palm Desert executed the same.
______________________
Anthony J. Mejia, City Clerk
Rev. February 2024
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Thomas Soule, Public Affairs Manager
SUBJECT: APPROVE OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS

MANAGER TO PROMOTE THE PALM DESERT FOOD AND WINE

FESTIVAL
RECOMMENDATION:

Authorize out-of-state travel for the Public Affairs Manager to participate in a media event in New York City, New York, on January 21, 2025, promoting the Palm Desert Food & Wine Festival at the James Beard Platform in conjunction with Palm Springs Life and Visit Greater Palm Springs.

BACKGROUND/ANALYSIS:

Palm Springs Life has once again leveraged its relationship with the James Beard Foundation to host a dinner by prominent chefs from the Palm Desert area for key media representatives at the James Beard Platform in New York City to promote Palm Desert Food & Wine.

Visit Greater Palm Springs supports this annual media dinner, which provides an excellent opportunity to gain national exposure for one of Palm Desert’s signature events.

The media outlets that participated in last year’s dinner at the James Bear Platform included The Wall Street Journal, Fodor’s, Good Morning America, The Today Show, Lonely Planet, and the New York Post. The opportunity to have face-to-face interactions with these outlets and others is difficult to recreate in any other context without spending a great deal of time and money, making this an economical way to seek PR exposure and build awareness of the Palm Desert brand. Exposure to national media outlets can help boost awareness of the Palm Desert Food & Wine Festival, drawing potential tourists from around the country. Increased attendance would positively impact local businesses, generate additional revenue, and contribute to the local economy.

Although the Palm Desert Food & Wine Festival is well represented at this event, because the dinner at the James Beard Platform is coordinated by Visit Greater Palm Springs, there's a natural emphasis on Greater Palm Springs rather than on Palm Desert specifically. Having a representative from the City in attendance ensures that Palm Desert is highlighted in conversations with the journalists in attendance as a tourism destination in and of itself. This also provides the opportunity to follow up with those journalists directly in the future. These media outlets are typically hard to reach, so personal contact at this event has a greater likelihood of leading to future coverage than the usual route of cold calling or emailing the same publications. 163
City of Palm Desert
Public Affairs Manager Out-of-State Travel

Legal Review:

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

FINANCIAL IMPACT:

There’s no cost for a City representative to attend the dinner, limiting the financial impact to travel costs. Funds in an amount not to exceed $1,500 are available for this purpose in Account No. 1104417-4312000.
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Carlos Flores, AICP, Principal Planner
SUBJECT: ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 37506-3

AND AGREEMENTS
RECOMMENDATION:

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

PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP 37506-3.”
Note: This item may be pulled from the agenda if the final attachments are not provided by Tuesday, November 12, 2024.

BACKGROUND/ANALYSIS:

On November 2017, the Palm Desert City Council adopted Ordinance No. 1312, approving the University Neighborhood Specific Plan (UNSP). This specific plan established the allowable density and development standards for a 400-acre area bound by Gerald Ford Drive to the north, Portola Avenue to the west, Cook Street to the east, and Frank Sinatra Drive to the South.

On November 20, 2018, the Palm Desert Planning Commission (Commission) adopted Resolution No. 2745, approving Vesting Tentative Tract Map 37506 (VTTM 37506) for a 174- acre, 1069-unit residential subdivision within the UNSP, generally known as University Park.

This approval included a Master Precise Plan, which establishes standards and design guidelines for the tract, including minimum required lot standards, and established five (5) planning areas and public park locations, as shown in Figure 1. VTTM 37506 was approved as a phased map, with future Final Tract Maps to be approved by planning area. (Continued on following page)
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City of Palm Desert
Final Tract Map No. 37506-3

Figure 1 – University Park Planning Areas
On January 14, 2021, the City Council adopted Resolution No. 2021-01, approving Final Tract Map 37506-1 for Planning Area 1 and approved an agreement for the exchange of real property for public parks within University Park. On September 15, 2022, City Council adopted Resolution No. 2022-79, approving Final Tract Map 37506-2 for Planning Area 3.

Planning Area 2, a 40.4-acre portion of the 174-acre subdivision, includes 146 residential lots and 12 non-residential lots for a community park, open space, a retention basin, and a well site.

On October 17, 2023, the Commission adopted Resolution No. 2846, which approved TTM23- 0004/VTTM 37506, Amendment No. 3 to revise pad elevations and adjust lot lines within Planning Area 2 of the University Park Subdivision.

Final Tract Map 37506-3 (FTM 37506-3) is a proposal by Meritage Homes (Applicant) to finalize a phased portion of Tract Map 37506 for Planning Area 2. FTM 37506-3 meets the application requirements of the Subdivision Map Act and the City’s ordinances. FTM 37506-3 has been deemed technically correct by the City Engineer and the Conditions of Approval from Planning Commission Resolution Nos. 2745 and 2846 have been satisfied. University Park has approved and recorded Covenants, Conditions, and Restrictions (CC&Rs) for the Homeowner’s Association that documents the maintenance obligations of the development. The Applicant has submitted documentation to include Planning Area 3 within the existing CC&Rs and is working with City staff and the City Attorney’s office on any required CC&R amendments.

FTM 37506-3 includes a total gross area of 36.4-acres and includes 146 residential lots, public streets, open space lots, and a well site within Planning Area 2. The Subdivision Improvement 166
City of Palm Desert
Final Tract Map No. 37506-3

Agreements and Grading Agreement with associated bonds were submitted by the applicant to guarantee the completion of construction of all improvements, both private and public. The public parks within Planning Area 2 are not a part of this Final Map and are established as legal lots.

Construction of these parks are the obligation of the Applicant, and a Parks Improvement Agreement with associated bonds has been submitted as part of this approval.

Lot R of Tract Map 37506-3 will be dedicated in fee for public purposes to the Coachella Valley Water District for well site purposes. City is to verify quit claim deed documents are recorded prior to recordation of this map.

Legal Review:

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

FINANCIAL IMPACT:

There is no direct impact to the General Fund with this action. However, once the proposed public streets and parks are completed and accepted, their long-term maintenance will be the responsibility of the City of Palm Desert.

ATTACHMENTS:

1. Resolution No. 2024-

2. Planning Commission Resolution No. 2745

3. Planning Commission Resolution No. 2846

4. Final Tract Map 37506-3

5. Grading Agreement

6. Grading Bonds

7. Subdivision Improvement Agreement

8. Subdivision Improvement Bonds

9. Parks Improvement Agreement

10.Parks Bond
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RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 37506-3.

WHEREAS, Tract Map 37506-3 conforms to the requirements of the Subdivision Map Act and City Ordinances; and
WHEREAS, the Final Subdivision Map of Tract Map 37506-3 has been approved by the City Engineer as a phased map and securities have been posted for this phase.

Final Subdivision Map of Tract 37506-3 includes 146 single family residential lots, 9 lots for public streets, 10 lots for private open space, and 1 lot for a well site (36.396 acres); and
WHEREAS, parks improvement agreements and securities have been provided for construction of public parks within Planning Area 2 of University Park; and WHEREAS, the Final Subdivision Map of Tract Map 37506-3, has met the Conditions of Approval for this project (Planning Commission Resolutions 2745 and 2846).

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

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

SECTION 2. The Final Subdivision Map of Parcel Map 37506-3, City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map.

SECTION 3. The Director of Development Services is directed to process the Parcl Map for recording upon receipt of the required payment of all fees.

SECTION 4. Effective Date. This Resolution shall take effect immediately upon this adoption.

ADOPTED ON ________________, 2024.

KARINA QUINTANILLA, MAYOR
ATTEST:
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Resolution No. 2024-____ Page 2
ANTHONY J. MEJIA, CITY CLERK
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Resolution No. 2024-____ Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 2024.

ANTHONY J. MEJIA

CITY CLERK
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PLANNING COMMISSION RESOLUTION NO. 2846

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO VESTING
TENTATIVE TRACT NO. 37506 FOR REVISIONS TO APPROVED BUILDING

PAD ELEVATIONS AND PARCEL LINE BOUNDARIES WTHIN PLANNING AREA 2 OF THE UNIVERSITY PARK SUBDIVISION AND FINDING THE

PROJECT IS CONSISTENT WITH THE UNIVERSITY NEIGHBORHOOD

SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT
CASE NO. TTM23- 0004/ VTTM AMENDMENT NO. 3
WHEREAS, University Park Investors, LLC (" Applicant"), submitted applications for an Environmental Assessment ( EA) and Tentative Tract Map ( TTM) to amend Vesting Tentative Tract Map 37506 by adjusting parcel boundaries within the map and building pad elevations; and
WHERAS, on November 10, 2016, the City Council adopted Resolution No. 2016- 86, which certified an Environmental Impact Report ( EIR) for a comprehensive update to the Palm Desert General Plan and the University Neighborhood Specific Plan ( UNSP); and WHEREAS, on November 20, 2018, the Planning Commission adopted Resolution No. 2745, approving the Vesting Tentative Tract Map 37506 and University Park Master Plan and adopting an addendum to the Palm Desert General Plan EIR; and WHEREAS, the Project site has a land use designation of Town Center Neighborhood in the Palm Desert General Plan adopted on November 10, 2016, and is within the UNSP; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act ( CEQA) Guidelines ( Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert' s (" City' s") Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA ( State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project substantially conforms with the previously prepared EIR Addendum approved for the Project as the amendment does not create additional lots or modify the boundary of the approved subdivision and conforms with all applicable requirements of the UNSP, and no further environmental review is necessary.

WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of October 2023, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above- noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows:

SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. Findings. In accordance with Palm Desert Municipal Code ( PDMC) Section 26. 20. 100 the following findings are required in approving a proposed subdivision:

1. That the density of the proposed subdivision is consistent with the applicable General Plan and specific plans.

In 2017, the City Council adopted an update to the General Plan and concurrently adopted the UNSP. Both plans identified approximately 400 acres of vacant land bounded by Gerald Ford Drive to the north, Portola Avenue to the west, Cook Street to the east, and Frank Sinatra to the south as a unique development opportunity that can capitalize on synergies between a mixed housing neighborhood with strong pedestrian and bicycle connectivity to California State University San Bernardino Palm Desert ( CSUSBPD). As proposed, the Project provides eight ( 8) distinct housing product types, including alley-loaded homes, apartments, attached townhomes, and detached single- family homes connected by open space, sidewalks, and trails. The subdivision of the project areas proposes tree-lined public streets, open spaces, pedestrian and bicycle connectivity, and roadways designed for lower vehicle speeds and implements and fulfills the goals of the UNSP.

The UNSP identified 2,618 dwelling units within the project area. The Project site, representing nearly one-half (%) of the UNSP project boundary, is subdivided to accommodate 1, 069 dwelling units for a density of approximately six ( 6) dwelling units per acre. The density of the Project is consistent with the General Plan and UNSP designation for the Neighborhood Low designation, which allows four to eight (4-8) dwelling units per acre (see Pages 4- 18 of the UNSP).

The amendment to Vesting Tentative Tract Map 37506 ( VTTM 37506) to adjust building pad elevation heights and lot line adjustments does not create additional lots; therefore, the density of the proposed subdivision remains consistent with the applicable General Plan and the UNSP.

2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

The amendment to adjust building pad elevation heights and lot line adjustments to the VTTM 37506 were reviewed by all pertinent departments and agencies and concluded that it does not change the design and improvements of the tract map, which were previously reviewed by the Planning/Land Development Division, Fire Department, and Public Works Department for consistency with the General Plan, UNSP, and emergency services. Lot sizes, street and utility improvements, 2 I
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PLANNING COMMISSION RESOLUTION NO. 2846
circulation patterns, and drainage improvements meet all requirements of the General Plan and the UNSP. All perimeter streets are in conformance with the General Plan and modifications to the surrounding roadways that will improve vehicle circulation in the vicinity.

3. That the site is physically suitable for this type of development.

The4 . 4- r 0 ace portion P of the 174+- acre site is suitable for the proposed p p development. Environmental, cultural, traffic, and other special studies were prepared for the UNSP, and an addendum to the EIR was prepared to address the specifics of the Project. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing residential and commercial developments in the vicinity have successfully constructed similar types of development, and no obstacles to the development of those surrounding subdivisions were experienced. The amendment to Vesting Tentative Tract Map 37506 to adjust building pad elevation heights and lot line adjustments remains consistent with the originally approved project; therefore, the site continues to be physically suitable for the development.

4. That the site is physically suitable for the proposed density of development.

The Project site is surrounded by planned residential and commercial developments to the south, east, west, and north. As proposed, the site layout and distribution of residential densities at a rate of approximately six ( 6) dwelling units per acre are consistent with surrounding development and the UNSP. The amendment to VTTM 37506 to adjust building pad elevation heights and lot line adjustments does not affect the original density of the project; therefore, the density of the proposed subdivision remains physically suitable for the proposed density of the development.

5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat.

For purposes of the CEQA, an EIR was prepared and adopted by the City Council as part of the General Plan Update and UNSP. In addition, an addendum to the EIR has been prepared for the Project to address project- specific impacts that were not previously addressed by the EIR. The addendum to the EIR did not identify any new impacts created by the proposed Project. The design of the Project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed, with similar densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the Project will pay into the Coachella Valley Multi- Species Habitat Conservation Fund for the development of raw land.

The amendment to VTTM 37506 to adjust building pad elevation heights and lot line adjustments does not present a change that will impact the previously analyzed environmental assessments for this Project.
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PLANNING COMMISSION RESOLUTION NO. 2846

6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems.

The design and layout of the tract map are in compliance with all grading, drainage, vehicle access, pedestrian, bicycle connectivity, and parking requirements. The property will be developed in accordance with the Uniform California Building Code.

Grade changes and utility easements are accommodated by the buildings, street layout, and open space provided throughout the Project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways, and the distributed open space contributes to a healthy community and neighborhood.

The amendment to VTTM 37506 to adjust building pad elevation heights and lot line adjustments does not substantially affect the design of the subdivision or the type of improvements that will cause a serious public health problem.

7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

The proposed Project will utilize and enhance existing drainage and utility distribution easements located within the Project site. Improvements related to drainage will be provided to ensure the Project area accommodates 100 percent of the 100- year storm. The surrounding perimeter City streets are built out to the General Plan designation, and the developer will make modifications to surrounding streets to accommodate Project access. Pedestrian connections and open space are provided throughout the Project area, and enhanced pedestrian trails are provided within the Project site. The amendment to VTTM 37506 to adjust building pad elevation heights and lot line adjustments does not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

SECTION 3. Project Approval. The Planning Commission hereby approves Case No( s) TTM23- 0004/VTTM 37506 Amendment No. 3, subject to the findings and Conditions of Approval attached herein as Exhibit " A."
SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City' s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings.

SECTION 5. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify the passage and adoption thereof.

SECTION 6. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
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PLANNING COMMISSION RESOLUTION NO. 2846
ADOPTED ON October 17, 2023.

JoeP" to; Oc! 20.. 202111: 10 PDT)

JOSEPH PRADETTO

CHAIRPERSON
ATTEST:

RICHARD D. CANNONE, AICP

SECRETARY
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on October 17, 2023, by the following vote:

AYES: GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
RECUSED: DELUNA
IN WITNESS WHEREOF, I have hereunto5pt my hand and affixed the official seal of the City of Palm Desert, California, on October; 2023.

RICHARD D. CANNONE, AICP

SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2846

EXHIBIT A

CONDITIONS OF APPROVAL
CASE NO. TTM23- 00041VTTM 37506 Amendment No. 3
PLANNING DIVISION:

1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, except as modified by the following conditions. Any variation from the approved plans must be reviewed and approved by the Planning Division prior to the building permit issuance and may require review and approval by the Planning Commission and/ or City Council.

2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project or the Project Approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer' s approval of counsel, which shall not be unreasonably denied, and at the Developer' s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with the City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. The Developer and City shall each have sole discretion to terminate its defense at any time.

The City shall not settle any third- party litigation of Project approvals without the Developer' s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement.

3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC and state and federal statutes now in force, or which hereafter may be in force.

4. All conditions of Planning Commission Resolution No. 2745 shall remain in effect, except as modified by conditions herein.
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PLANNING COMMISSION RESOLUTION NO. 2846
LAND DEVELOPMENT DIVISION/ PUBLIC WORKS DEPARTMENT:

5. The following plan is hereby referenced: Revised VTTM 37506 ( University Park Area 2), prepared by Michael Baker International and dated August 2023.

6. All conditions approved with Planning Case No. PP 18- 0005 shall be valid and in effect unless superseded by these conditions of approval.

7. Revisions shown on the referenced exhibit shall supersede the lot configuration and building pad elevations contained on the approved VTTM 37506 ( University Park Area 2) for applicable lots.

8. It is assumed that the easements shown on the referenced exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report and vesting deed for the site shall be submitted during the technical plan review.

9. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary.

10. After recordation, a digital ( pdf) copy of the recorded map shall be submitted to the City.

END OF CONDITIONS OF APPROVAL
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PARKS IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: ________ , 20_
NAME OF SUBDIVIDER: Meritage Homes of California, Inc.
(Referred to as "SUBDIVIDER").

NAME OF SUBDIVISION: ----�------- Tract Map No. 37506-3 No. of Lots: 145 residential lots, 12 non-residential
(Referred to as "SUBDIVISION")
For complete legal description see Exhibit "B" a_ttached hereto.

TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2745
(Referred to as "Resolution of Approval")

IMPROVEMENT PLANS APPROVED
ON: TBD -------------
(TM No: 37506)
(Referred to as Improvement Plans)
ESTIMATED TOTAL COST OF IMPROVEMENTS: $1,617,319
SURETY:

BOND
NOS: 024280699 --------------------
SURE TY: Liberty Mutual Insurance Company
-ORIRREVOCABLE STAND-BY LETTER OF CREDIT NO.

FINANCIAL INSTITUTION:
-------
----------------
-ORCASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: ____ _ FINANCIAL INSTITUTION: -----------
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This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY'', and the SUBDIVIDER.

RECITALS
A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps.

The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference.

C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. The public improvement work (excluding park improvements and grading) required by the Resolution of Approval and the Subdivision Laws is subject to a separate secured agreement between SUBDIVIDER and CITY (i.e., Subdivision Improvement Agreement), and the required grading work is subject to a separate secured agreement between SUBDIVIDER and CITY (i.e., Grading Only Agreement).
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D. In consideration of the approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all of the parks improvement work required by the Subdivision Laws, the Resolution of Approval, and the Improvement Plans in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney.

E. Complete Improvement Plans for the construction, installation, and completion of the parks improvements have been prepared by SUBDIVIDER and approved by the City Engineer. As used in this Agreement, "City Engineer" means the City Engineer of CITY, or if there is no City Engineer, then such other CITY official then performing the functions of the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer.

F. An estimate of the cost for construction of the parks improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement.

The basis for the estimate is attached as Exhibit "A" to this Agreement.

G. CITY has adopted standards for the construction and installation of parks improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval.

NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows:
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1. SUBDIVIDER's Obligation to Construct Improvements.

SUBDIVIDER shall:
a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws.
b. Commence and complete at SUBDIVIDER's own expense, the parks improvement work in Tract Map 37506-3, required by the Resolution of Approval in conformance with approved Improvement Plans within the time frames provided by Section 22, unless a time extension is granted by the CITY as authorized in Section (22); provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein.
c. Furnish the necessary materials for completion of the parks improvements in conformity with the Improvement Plans.
d. Acquire, or pay the cost of acquisition by CITY, and dedicate all rights-of-way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's
obligations with regard to acquisition by CITY of off-site rights-ofway, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY.

SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION.

2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the parks improvements contemplated by this Agreement are to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before:
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a. The offer of dedication to CITY of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or
b. The dedication to, and acceptance by, CITY of appropriate rightsof-way, easements or other interests in real property, as determined by the City Engineer, or
c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession.

SUBDIVIDER shall comply in all respects with the order of possession.

Nothing in this Section (2) shall be construed as authorizing or granting an extension of time to SUBDIVIDER.

3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said parks improvements in an amount of 100% of the estimated cost of the parks improvements; and
b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the parks improvements required to be constructed and installed pursuant to this Agreement in an amount of 100% of the estimated cost of the parks improvements and conforming to the requirements of Section 25 of this Agreement (concerning prevailing wages) and Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a - 5 -
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contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and which amount of such security shall be increased automatically by the SUBDIVIDER upon an increase in the cost of construction of the parks improvements or any of them, such that the payment bond(s) at all times shall be in an amount not less than 100% of the sum of the total amount payable pursuant to any construction contract(s) relating to the parks improvements and the estimated cost of any improvements not yet subject to a construction contract, and if the SUBDIVIDER fails to so increase the amount of the security in connection with such an increase in construction costs of the parks improvements, the SUBDIVIDER shall provide the additional security within thirty (30) days after receiving demand from the City Engineer therefor; and c. to guarantee or warranty the parks improvements work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and
The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released.
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4. Alterations to Improvement Plans.
a. Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement.
b. Any changes, alterations or additions to the Improvement Plans, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the security given to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement. In the event of any changes, alterations, or additions that increase the estimated cost of the improvement above the original estimated cost of the improvement, SUBDIVIDER shall provide security to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement.
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c. The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension.

Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the parks improvements by CITY inspectors.

Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the parks improvements to the City Council. No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein.

Release of Securities. The securities required by this Agreement shall be released as following:
a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and - 8 -
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acceptance of the act or work, subject to the provisions of subsection (b) hereof.
b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement.
c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at the date that is the latest of (i) six (6) months after completion and acceptance of the work, (ii) fifteen (15) days following the expiration of the applicable statutory period in which any person may bring suit against the surety(ies) on a payment bond as set forth in Sections 8609 or 9558 of the California Civil Code, or (iii) fifteen (15) days following the expiration of the applicable statutory period in which any person may record a lien pursuant to Sections 8412 or 8414 of the California Civil Code, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens or suit have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to - 9 -
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assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council. e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.

Injury to Public Improvements, Public Property or Public Utilities Facilities.

SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law.
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9. Default of SUBDIVIDER.
a. Default of SUBDIVIDER shall include, but not be limited to, (1) SUBDIVIDER's failure to timely commence construction of this Agreement;
(2) SUBDIVIDER's failure to timely complete construction of the improvements;
(3) SUBDIVIDER's failure to timely cure any defect in the improvements;
(4) SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after
commencement of the work;
(5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within
thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or
(6) SUBDIVIDER's failure to perform any other obligation under this Agreement.
b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for - 11 -
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SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the parks improvements in accordance with the improvement plans and specifications contained herein.

In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY.

CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY.
d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, - 12 -
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including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER.

10. Warranty. With respect to any equipment required to be installed pursuant to the Improvement Plans, SUBDIVIDER shall provide such equipment warranties as specified by the Improvement Plans, or if not specified therein, as approved by the City Engineer as consistent with industry standards for the type and quality of equipment specified in the Improvement Plans or, or if not specified therein, of comparable equipment on City-constructed parks. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished.

If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.

Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or - 13 -
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replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs.

11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDE R'S obligations under this Agreement.

12. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.

13. Environmental Warranty. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or pem,itted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or - 14 -
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the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

SUBDIVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of:
a. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated;
b. Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and,
c. SUBDIVIDER's discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law.

14. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment.

15. SUBDIVIDER'S Obligation to Warn Public During Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give - 15 -
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good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition.

16. Vesting of Ownership. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY.

17. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60) days from the date the City Engineer certifies that the work has been finally completed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY.

18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the performance of this Agreement.

SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This - 16 -
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indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements.

Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect for ten ( 10) years following the acceptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section.

In the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of the Resolution of Approval, the project approvals set forth therein or - 17 -
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the project approvals themselves, or the terms of those approvals, including the failure to include specific terms, SUBDIVIDER and CITY each shall have the right, in their sole discretion, to elect whether or not to defend such action.

SUBDIVIDER, at its sole expense, shall defend, indemnify, and hold harmless the CITY (including its agents, officers, and employees) from any such action, claim, damages, or proceeding of whatever nature with counsel chosen by the CITY, subject to SUBDIVIDER's approval of counsel, which shall not be unreasonably denied, and at SUBDIVIDER's sole expense. If the CITY is aware of such an action or proceeding, it shall promptly notify SUBDIVIDER and cooperate in the defense. SUBDIVIDER, upon such notification, shall deposit sufficient funds in the judgment of the CITY's Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the CITY expends no CITY funds. If both parties to this Agreement elect to defend, the parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, CITY and SUBDIVIDER shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. SUBDIVIDER and CITY shall each have sole discretion to terminate its defense at any time. CITY shall not settle any third party litigation arising from the Resolution of Approval, or the project approvals set forth therein, without SUBDIVIDER's consent, which consent shall not be unreasonably withheld, conditioned or delayed unless SUBDIVIDER materially breaches this indemnification requirement.

SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. 2688894

19. Personal Nature of SUBDIVIDER'S Obligations. All of SUBDIVIDER's - 18 -
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obligations under this Agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. If the CITY does consent to a transfer of this Agreement and the transferee assumes all of SUBDIVIDER's obligations so transferred, SUBDIVIDER shall be released of its transferred obligations hereunder, all as more specifically provided in an agreement to be entered into in connection with such transfer and in form and substance acceptable to the City Attorney.

20. Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER.

21. Time of the Essence. Time is of the essence in the performance of this Agreement.

22. Time for Commencement of Work; Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than the issuance of the 100th Certificate of Occupancy by the City's Building Department for Tract 37506-3, and the improvements shall be completed within 12 months. In the event good cause exists as determined by the City Engineer and Public Works Director, the time for commencement of construction or completion of the improvements hereunder may be extended for a period or periods not - 19 -
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exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer and Public Works Director. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.

23. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance.

24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City:
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Notice to CITY:

Notice to SUBDIVIDER:

Notice to SURETY:

City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: Public Works Director
Meritage Homes of California, Inc.
5 Peters Canyon Road, Suite 310
Irvine, CA 92606
Attn: Efrem Joelson

25. Compliance With Laws: Labor Code Provisions. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement.

The CITY hereby states pursuant to Section 1781 of the California Labor Code ("Labor Code") that the construction by the SUBDIVIDER of any public improvements required by the Conditions of Approval (as defined hereinbelow) is "public work" (as defined in, and within the meaning of, Section 1720 of the Labor Code) to which Section 1771 of the Labor Code applies. While acknowledging but without expressing any concurrence with the position stated in the foregoing sentence, the SUBDIVIDER hereby agrees that it shall (i) require the construction of all park public improvements required by the Conditions of Approval to be performed as - 21 -
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"public work" to which Section 1771 of the Labor Code applies, and (ii) in furtherance of Section 1781 (a)(2)(C) of the Labor Code, comply with all payment bonding requirements of the CITY with respect to such public improvements, including but not limited to the provision by the SUBDIVIDER to the CITY of a payment bond with respect to each subject construction contract (A) securing with respect to such contract the payment of claims of laborers (including but not limited to the payment of prevailing wages as required by this Section 25), material suppliers, and other persons as provided by law, (B) conforming with the requirements of Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and (C) naming the CITY as an obligee unto which the SUBDIVIDER, as principal, and the surety are bound. In the event a contractor to whom the SUBDIVIDER awards a subject construction contract provides a payment bond meeting the foregoing requirements and also naming the SUBDIVIDER as an additional obligee unto which the contractor, as principal, and the surety are bound, such contractor's payment bond shall be deemed as the provision by the SUBDIVIDER of a payment bond hereunder.

As used in this Agreement, "Conditions of Approval" means, with respect to any portion of the property within the SUBDIVISION, the conditions of approval of all land use entitlements approved by the CITY or any other governmental agency, including but not limited to the Resolution of Approval, and the conditions of this Agreement and any development agreement, which conditions must be satisfied in order to develop such property.

Without limiting the foregoing, with respect to improvements to be constructed by SUBDIVIDER or under the direction of SUBDIVIDER hereunder, SUBDIVIDER shall require the contractor and subcontractors - 22 -
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to pay prevailing wages and to comply with all applicable prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations. SUBDIVIDER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from SUBDIVIDER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage laws.

In addition, the SUBDIVIDER agrees to require any person or entity to whom the SUBDIVIDER sells the property within the SUBDIVISION to comply with this Section 25.

Notwithstanding the foregoing, the CITY and the SUBDIVIDER agree that (x) this Agreement is not intended to be a public works contract; (y) the subject public improvements are of local and not state-wide concern, and (z) the foregoing shall not in any way imply or be construed to mean that this Agreement or the subject public improvements constitute a public work for any purpose other than to assure compliance with the Labor Code.

26. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

27. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
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2688894

28. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees.

29. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement.

30. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.

31. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

32. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. [signature page follows]
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IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor.

SUBDIVIDER:

MERITAGE HOMES OF CALIFORNIA, INC.,
:

Y
Califo�
Name: Nicholas Emsiek
Title: Division President
1zation of SUBDIVIDER's
Name: Elliot Mann
Title: West Region President
(Proper Notarization of SUBDIVIDER's
signature is required and shall be attached)
APPROVED AS TO FORM:

ISRA SHAH, CITY ATTORNEY
2688894
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CITY OF PALM DESERT
By: ------------­

KARINA QUINTANILLA, MAYOR
ATTEST:

ANTHONY J. MEJIA, CITY CLERK
249

ACKNOWLEDGEMENT
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 }
} ss.

County of --=O�-r-=-O\..:..t.Y)-L.:::....%i.-:e=---- }
On • Oc+o \]er , Cc, , 20-1:.:1, before me, A blh-eu..J So..) ct z.a. r- , a Notary Public, personally appeared ;' · o •
, 'e , who proved to me on the
basis of satisfactory evidence to be the person.(8-) whose name�) 1s subscribed to the within instrument and acknowledged to me that�tl:tey executed the same i� authorized capacity�, and that by �taeir signature(� on the instrument the perso�, or the entity upon behalf of which the person� acted, executed the instrument.

I certify under PENAL TY 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 ::?
l __
250
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 _____ O_ran_g=-_ } e _____ _
on __ O_ ct_o_be__r_3_1_,_2_0_2_4 ___ before me, ___ A_n_d_rew_S_ a_ _laz_a_r _ _, _N_ o_ta_ry_P_ub_l_i _ ____ c , Date Here Insert Name and Title of the Officer
personally appeared ____________ El_li_o__t M_a_n_n _ _____________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence� be the perso� whose namets@re subscribed to the within instrument and acknow�ed to me that�.me-/tAey executed the same [email protected]:ler.4fteir authorized capacity�). and that by�·�/their signature'8)' on the instrument the person'8), or the entity upon behalf of which the person(s) acted, executed the instrument. ••••••••
ANDREW SALAZAR 1
Notary Public • California
Orange County �
Commission# 2365034 -
y Comm. Expires Jul 10, 2025
Place Notary Seal and/or Stamp Above
I certify under PENAL TY 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 --�-..,z:::::;:»=-:....,.���----------
Signature of Notary Public

OPTIONAL
Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document.

Description of Attached Document
Title or Type of Document ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name:
□ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
Signer's Name:
□ Corporate Officer - Title(s): _______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
08800�00�•�li:8§:88l] �:o:o�:o:9�:00:88@
©2019 National Notary Association
251

EXHIBIT A

ESTIMATED COST OF WORK PURSUANT TO PARKS IMPROVEMENT PLANS [see attached]
252

EXHIBIT B

LEGAL DESCRIPTION
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254
255
256
257
258

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Kevin Swartz, Project Manager
Chris Gerry, Senior Project Manager
Randy Chavez, Deputy Director of Public Works
SUBJECT: AWARD A CONTRACT TO R DEPENDABLE CONSTRUCTION, INC., FOR ADA UPGRADES AT THE STATE BUILDING (PROJECT NO.

MFA00011)
RECOMMENDATION:

1. Award a contract to R Dependable Construction, Inc., of San Bernardino, California, for ADA Upgrades at the State Building in the amount of $279,900, plus a $28,000 contingency.

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

3. Authorize the City Manager to execute the agreement and written requests for change orders up to the contingency amount, amendments, and 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 authorize the City Clerk to file the NOC upon satisfactory completion of the Project.

BACKGROUND/ANALYSIS:

On January 26, 2023, the City awarded a contract to Marks Architects, Inc., for architectural design and structural engineering services at the Parkview Office Complex, which included the adjacent State Building. The scope of work covered exterior and interior design improvements, building assessments, and cost evaluations, with a focus on energy efficiency, ADA compliance, structural integrity, and tenant improvements.

The study identified several ADA upgrades needed for the State Building, resulting in the design of the State Building ADA Upgrades project. This project aims to ensure accessible paths of travel from the parking lot to building entrances and upgrade restrooms to meet current accessibility standards. Although the original project bid and contract were titled “ADA Upgrades for Parkview Office Complex,” the actions now focus solely on the State Building, as the Parkview Building upgrades have been cancelled.

The project was advertised on September 17, 2024, and three bids were received by October 17, 2024, as follows:

Contractor Location Total Bid
R Dependable Construction, Inc. San Bernardino, CA $279,900 We R Builders, Inc. Glendale, CA $325,000
MLC Constructors, Inc. Corona, CA $336,137
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City of Palm Desert
ADA Upgrades at the State Building

R Dependable Construction, Inc., submitted the lowest responsive bid, which has been reviewed and confirmed to be fully compliant with all bid requirements. Although the project was originally advertised as ADA Upgrades for Parkview Office Complex (Project No. CDA00001), it has been renamed to ADA Upgrades at the State Building (Project No. MFA00011).

The project is scheduled for completion within 90 days after the issuance of the Notice to Proceed, which is expected in early December.

Legal Review:

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

FINANCIAL IMPACT:

Funds totaling $7,700,000 were allocated in the approved Capital Improvement Project (CIP) List for Fiscal Year 2024-25 under OC Enterprise Account No. 5104361-4400100 for improvements to both the Parkview and State Buildings.

To date, costs for both projects amount to $2,554,024.80, leaving a balance of $4,277,948.20.

Of that balance, $2,507,994.20 is specifically available for the State Building Improvements Project, inclusive of the ADA upgrades. The ADA upgrade bid, including contingency totals $307,900, which falls well within the Engineer’s estimate at $350,000.

Description Parkview Bldg. State Bldg. Total
Budget - 5104361-4400100 $2,850,000 $4,850,000 $7,700,000 Less:

TI Improvements – ServPro C44620D $602,548.80 $602,548.80 Reroof – Garland C44600 $1,181,557.00 $1,181,557.00
*Design – Marks Architect C44660 $907,400.00 $235,000.00 $1,142,400.00 *Design Contingency – Marks C44660 $135,000.00 $15,000.00 $150,000.00 TO005939 Parkview – Ste 201/212 $37,646.00 $37,646.00
**ADA Upgrades – R Dependable $279,900.00 $279,900.00
**ADA Upgrades - Contingency $28,000.00 $28,000.00
Budget Balance: $1,769,954.00 $2,507,994.20 $4,277,948.20 * Includes architectural design and engineering services in Parkview Office Complex and the State Building. ** 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 14th day of November, 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 R Dependable Construction, a Corporation, with its principal place of business at 1019 West 3rd Street, Suite B, San Bernardino, CA 92410 ("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:

ADA Upgrades at the State Building
Project No. MFA00011
(hereinafter referred to as “the Project”).
73-720 Fred Waring Drive
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 Calendar 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 NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($279,900.00). 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 261
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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, 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. 262
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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 attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.
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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:

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.

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. 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

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.

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 265
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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.

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 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 266
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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.

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 R DEPENDABLE CONSTRUCTION, 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

R DEPENDABLE CONSTRUCTION, A

CORPORATION
By:

Rosemary Padilla
Chief Executive Officer
By:

Rosemary Padilla
Chief Financial Officer
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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270
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 R Dependable Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for ADA Upgrades at the State Building (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 November 14, 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, R Dependable Construction, 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 Two Hundred Seventy Nine Thousand Nine Hundred Dollars, ($279,900.00), 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.

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
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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.

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.

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.
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Contract No. ___________
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
274
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.

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
275
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 November 14, 2024, has awarded to R Dependable Construction, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

ADA Upgrades at the State Building (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 November 14, 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 Nine Thousand Nine Hundred Dollars, ($279,900.00) 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.

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 276
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.
278
Contract No. ___________
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
279
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.

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
280
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT
IFB No. CDA00001
ADA Upgrades for Parkview Office Complex
RESPONSE DEADLINE: October 17, 2024 at 2:00 pm
Report Generated: Monday, October 21, 2024
R DEPENDABLE CONST INC Response

CONTACT INFORMATION
Company:

R DEPENDABLE CONST INC
Email:
[email protected]
Contact:

Rosemary Padilla
Address:
1019 W. 3RD ST.

Suite "B"
SAN BERNARDINO, CA 92410
Phone:
(909) 381-2310
Website:

N/A
Submission Date:

Oct 16, 2024 10:47 AM (Pacific Time)
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ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. BID ACKNOWLEDGMENT*
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 CDA00001 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, 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 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 and a third party, whichever is earlier.

C. 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 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 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.
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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 SCHEDULE*
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.

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 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 can choose to include any, all, or none of the Alternate Bid items in the Work. If the City 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 can award/select Alternate Bid items at any time(s). 283
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I certify that I have read, understood the above statement.

Confirmed

3. BID GUARANTEE*
IF SUBMITTING AN ORIGINAL BID BOND: 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 SUBMITTING CASH OR CASHIER'S CHECK: 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 SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.

Hard Copy Original Bid Bond (delivered before bid submittal deadline)

4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK.

Bond ID: No response submitted
Vendor ID: No response submitted

5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website.

The Ohio Casualty Insurance Company (Surety) - Diamond Valley Insurance Services, Inc (Broker) Click to Verify Value will be copied to clipboard
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6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...

RDP_-_DESIGNATION_OF_SUBCONTRACTORS.pdf

7. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE...

RDP_-_BIDDER_INFORMATION_AND_EXPERIENCE_FORM.pdf

8. NON-COLLUSION DECLARATION*
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, 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. 285
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Confirmed

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

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

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 nonresponsive.

Confirmed

10. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000002054
Click to Verify Value will be copied to clipboard

11. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 286
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944088
Click to Verify Value will be copied to clipboard

12. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Confirmed

13. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

14. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.

RDP_-_FLEET_COMPLIANCE_DOCUMENTATION.pdf

15. Type of Business*
S Corporation (if corporation, two signatures are required)

16. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.

R DEPENDABLE CONST INC
Click to Verify Value will be copied to clipboard
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PUBLIC WORKS - ADA Upgrades for Parkview Office Complex

17. How many years has Bidder’s organization been in business as a Contractor? * 14 18. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (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
ROSEMARY PADILLA / PRESIDENT - 1019 W. 3RD STREET, SAN BERNARDINO, CA 92410 - [email protected] - (909)381- 2310
ROSEMARY PADILLA / SECRETARY - 1019 W. 3RD STREET, SAN BERNARDINO, CA 92410 - [email protected] - (909)381- 2310

19. Nondiscrimination Certification*
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.

For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) 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
288
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ADA Upgrades for Parkview Office Complex
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PRICE TABLES

SITE MANAGEMENT
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization 1 LS $19,600.00 $19,600.00
2 Traffic Control 1 LS $7,500.00 $7,500.00
3 Remove Concrete Improvements 1 LS $25,000.00 $25,000.00 4 Construct Concrete Improvements 1 LS $195,000.00 $195,000.00 5 Water Closet Improvements 1 LS $7,800.00 $7,800.00
6 Tile Improvements 1 LS $10,000.00 $10,000.00
7 Other ADA Improvements 1 LS $15,000.00 $15,000.00
TOTAL $279,900.00
289

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 one-half of one percent (0.5%) of the contractor’s total bid.

Notwithstanding 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 Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to 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
N/A
290
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)
291

BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
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 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________
R DEPENDABLE CONST INC S CORPORATION 1019 W. 3RD ST. SAN BERNARDINO, CA 92410 (909)453-0429 (909)381-2310 [email protected] 14 14 N/A
9/11/2009 CALIFORNIA ROSEMARY PADILLA ROSEMARY PADILLA ROSEMARY PADILLA ROSEMARY PADILLA 292

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 Within the last five years, has any officer or partner of Bidder’s organization ever 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]

N/A N/A N/A ALL TRADES OTHER THAN FIRE ALARM & FIRE PROTECTION NO NO FBM - FOUNDATION BUILDING MATERIALS - DRYWALL, ACT CEILINGS

WALTERS ELECTRIC - ELECTRICAL SUPPLIES/EQUIPMENT, LIGHTING

WINNELSON, FERGUSON - PLUMBING FIXTURES/SUPPLIES ROBERTSONS - CONCRETE , DALTILE - TILE 293
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
P1415-VETERANS AND FIRST

RESPONDERS MEMORIAL PLAZA
City of Beaumont

DOUG STORY
951-572-3235
[email protected]
Remodel/Renovations of the
existing Veterans and First
Responders Memorial Plaza

CONCRETE SITE WORK
11/01/2024
$1,499,350.00
CUPCCAA Washington
MPR Beam Repairs

RIVERSIDE USD

JAMES STUPPY
951-313-2269
[email protected]

RENOVATION REPAIRS

ELECTRICAL

MECHANICAL/HVAC

ROOFING/ CARPENTRY
10/30/2024 $129,000.00
294
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
15710-15718 RAUSCH ROAD

BUILDING AND SITE IMPROVEMENTS

CITY OF INDUSTRY
Gerry Perez
626-945-0527
[email protected]

TENANT IMPROVEMENTS/

RENOVATION/REMODEL

CONCRETE SITE WORK

DOORS & FRAMES, HANDRAIL
08/09/2023
$2,181,788.58

RIALTO USD DISTRICT

OFFICE REPAIRS

RIALTO USD
RICARDO G. SALAZAR
909-644-5702
[email protected]

TENANT IMPROVEMENTS/

RENOVATION/REMODEL

CONCRETE ADA REPAIRS
SITE WORK CONCRETE DEMO 12/15/2023
$207,642.00
PSUSD Bid No. 03-23;
DAC Office Additions

PALM SPRINGS USD
Nathaniel Rodriguez
760.534.5559
[email protected]

TENANT IMPROVEMENTS/
RENOVATION/REMODEL 04/08/23
$340,000.00 Bid No. 2324-35 Lewis
Elementary School Demo
Existing Portable, Concrete
Foundations and Set New

CIP CONCRETE

SIDEWALKS, CURBS,

FOUNDATIONS, DEMO

GRADING, EARTHWORK
Downey USD

GARY ELIAS
626-524-2986
[email protected]
08/02/2024
$931,758.26 295
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.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

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.

CARLOS CORONA - LABORER,CEMENT MASON JORGE L. BRAVO - LABORER,CEMENT MASON,CARPENTER MARIO BRAVO - FOREMAN,PLUMBER,CARPENTER FILEMON RIOS-PAINTER , JOE PADILLA - SUPERINTENDENT , JULIO CASTILLO-FLOORING, TILE CARLOS CORONA-SAFETY TRAINING, APPRENTICESHIP JULIO CASTILLO- SAFETY TRAINING, APPRENTICESHIP MARIO BRAVO - SAFETY TRAINING, EPOXY FLOORING, TERRAZIO CERTIFICATIONS

FILEMON RIOS- SAFETY TRAINING, PAINTER APPRENTICESHIP, EPOXY FLOORING, POLISHED CONCRETE CERT. CARLOS CORONA- 20 + YEARS
JULIO CASTILLO- 20 + YEARS
, FILEMON RIOS- 15 YEARS,
MARIO BRAVO - 20 + YEARS , MARIO DE LA ROCHA- 20 + YEARS

ALL OF THE PERSONELL LISTED HAVE WORKED FOR

R DEPENDABLE CONST INC MOST OF OUR WORK, SPECIALIZING
,

RENOVATIONS, REMODELS, AND REPAIRS
FOR MANY YEARS. WE SELF PERFORM
IN TENANT IMPROVEMANTS, JOE PADILLA - BUILDING TRADES JOE PADILLA - 40 YEARS 296
E. ADDITIONAL BIDDER’S STATEMENTS:

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:

_______
R DEPENDABLE CONST INC HAS BEEN WORKING WITH CITIES, SCHOOL DISTRICTS, AND VARIOUS GOVERNMENT AGENCIES FOR MANY YEARS ON MULTIPLE SIMILAR PROJECTS, SELF PERFORMING MOST OF THE WORK, KEEPING COSTS LOW TO PROVIDE FAIR COMPETATIVE BIDS. 297
298
Vicinity Map
Proposed Project Area
Fred Waring
S
a
n
P
a
s
c
u
a
l
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300

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Shawn Muir, Community Services Manager
Martin Alvarez, Director of Public Works
SUBJECT: AWARD A CONTRACT TO HERMANN DESIGN GROUP FOR

DEVELOPENT OF A LANDSCAPE MASTER PLAN AND
CONSTRUCTION SUPPORT SERVICES (PROJECT NO. CPK00003)
RECOMMENDATION:

1. Award a Professional Services Agreement with Hermann Design Group, of Palm Desert, California, for development of a Landscape Master Plan (LMP) in the amount of $41,585 plus $8,415 in contingency for unforeseen circumstances.

2. Authorize extra work associated with design and construction support services to implement the plan with Hermann Design Group in an amount not to exceed $200,000 per fiscal year for a 31-month term, with two one-year extension options.

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

4. 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.

BACKGROUND/ANALYSIS:

Landscape Master Plan Development
Over the years, different styles have been incorporated into the City of Palm Desert’s median landscapes, leading to noticeable inconsistencies. In response, city staff is developing a Landscape Master Plan (LMP) to bring consistency and enhance both the aesthetic and environmental integrity of the City's streetscapes, open spaces, and approximately 300 acres of medians. This initiative addresses a growing need for uniformity and cohesion in the city’s landscape design, particularly as various areas have shown signs of decline due to evolving weather patterns and climate conditions.

Creating a LMP offers a tactical approach in alignment with the strategic master plan to address these challenges. By establishing a cohesive vision of one landscape palette with three tiers of quality for the city's landscape, the City of Palm Desert aims to improve the overall quality of life for its residents and visitors by showcasing the City’s unique desert flora. This plan will provide guidelines for plant selection, irrigation practices, and maintenance strategies.

Extra Work
Upon the completion of the LMP (4 months), City staff intend to move forward with development of construction documents and bidding to implement the LMP. These extra services were included in the scope of work, and proposers were asked to provide hourly rates for the positions involved. The extra work services include development of landscape construction plans and construction support services. This will allow staff to implement the LMP without delay and 301
City of Palm Desert
Award Contract to Hermann Design Group

provide a seamless transition between planning, design, and construction of priority medians and landscaped areas.

Request for Proposals
The project was advertised for proposals through the City’s bid management portal, OpenGov, on September 11, 2024. A mandatory pre-proposal meeting was held at City Hall on September 19, 2024, attended by City staff and three vendors. At the pre-proposal meeting, staff discussed the project needs with the prospective proposers, including the development of the five-year LMP and the support services needed to implement the plan, such as development of construction documents and bid support services. On October 2, 2024, three proposals were received electronically which included a fee proposal for development of the five-year LMP and hourly rates for the subsequent work. The fee proposals for development of the LMP are listed below:

Recommendation
City staff reviewed the qualified proposals and selected Hermann Design Group based on the evaluation criteria outlined in the RFP, which included clarity and conformance, experience, performance, proposal content, fees, and references. Departments and staff who have collaborated with Hermann Design Group have commended the firm for its design efficiency, clear communication, responsiveness to concerns, effective problem-solving, adherence to deadlines, and relevant experience with City projects, including the Design Services for the Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort.

Staff recommends awarding a professional services agreement to Hermann Design Group in the amount of $41, 585 plus $8,415 in contingency for the development of the five-year LMP.

Additionally, staff is requesting extra work not to exceed $200,000 to support implementation of the plan, including construction planning, construction administration, construction support, and design services. Hermann Design Group has provided a fee schedule for this work as follows:

Vendor Location Amount
Hermann Design Group Palm Desert, California $41,585
In-Site Landscape Architecture, Inc. San Diego, California $82,580 Spurlock Landscape Architects San Diego, California $91,642 Service Hourly Rate
Principal Landscape Architect / Principal Planner $195
Construction Manager $165
Landscape Architect $150
Project Manager / Associate $135
Irrigation Designer $135
Senior Designer $125
Professional Staff / Specification Writer $105
Designer $95
Draftsperson $85
Administrative Staff $75
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Award Contract to Hermann Design Group

Legal Review:

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

Strategic Plan:

The Landscape Master Plan Development project is in alignment with the Parks & Recreation strategic plan to prepare for the financial requirements of maintaining existing landscape and parks to the highest level of service.

FINANCIAL IMPACT:

The approved Public Works Operating Budget and Capital Improvement Project (CIP) List for Fiscal Year 2024-25 includes $1,075,000 for landscape services across various accounts. City staff have designated $250,000 for landscape enhancement support services. Staff will budget accordingly during the annual budget approval process for future years and expenditures will be contingent upon budget approval; therefore, there is no additional financial impact on the general fund.

The table below outlines the estimated budget allocation and expenses for each account during FY 2024-25; however, this does not limit the use of funds to these accounts, nor does it guarantee that the full amounts will be utilized or spent:

Account No. Location Budget Task Orders Balance
1104610-4332001 Civic Center Park $50,000 $25,000 $25,000 1104610-4337001 Tri-Cities Sports $25,000 $25,000
1104611-4332001 Other Parks $50,000 $25,000 $25,000
1104614-4337001 Medians $750,000 $500,000 $250,000
2424595-4400100 Palm Desert Aquatic Center $50,000 $50,000 4004618-4400100 Park Improvements $100,000 $100,000
4004674-4400100 Civic Center Park Improvements $50,000 $25,000 $25,000 Total: $1,075,000 $750,000 $325,000
*Landscape Master Plan, Contingency and Implementation -($250,000) Budget Balance $75,000
*Current request
ATTACHMENTS:

1. Professional Services Agreement

2. Hermann Design Group Proposal
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 14th day of November, 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 Hermann Design Group a Corporation, with its principal place of business at 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 ("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:

Landscape Master Plan Development Project
Project No. CPK00003
(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 November 14, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall 305
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pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

The key personnel for performance of this Agreement are as follows: Chris Hermann, Principal Landscape Architect Hermann, CFO and Managing Director

3.2.5 City's Representative. The City hereby designates Shawn Muir, Community Services Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Kristin Hermann, Managing Director, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.

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 306
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necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its 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” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and 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. 307
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

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

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

3.2.11 Insurance.

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

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 308
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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. 309
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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. 311
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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 Master Plan Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty-One Thousand Five Hundred Eighty Five Dollars ($41,585) without written approval of the City Council or City Manager, as applicable.

Extra work for implementation of the Master Plan shall also be paid at the rates set forth in Exhibit “C” and shall not exceed Two Hundred Thousand Dollars $200,000 in aggregate

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 "C" of this Agreement.

3.3.4 Travel Expenses. In accordance with Government Code section 53232.2(c), the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication, shall be used to determine reimbursement rates for Consultant. Travel in business class, first class or any category on any flight above the coach/economy level will not be reimbursed.

3.3.5 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, 312
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Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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.
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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 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: Hermann Design Group
77-899 Wolf Road, Suite, 102
Palm Desert, CA 92211
ATTN: Chris Hermann, President/CEO
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Shawn Muir, Community Services Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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, 314
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specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant 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.
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3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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.
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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.

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

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

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

HERMANN DESIGN GROUP, A

CORPORATION
By:

Chris Hermann
President/CEO
By:

Jose Estrada
Vice President
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A”

SCOPE OF SERVICES
The City of Palm Desert is soliciting proposals to provide design and construction services for a five-year landscape master plan (LMP) consisting of one landscape palette with three tiers of quality and related equipment and materials. The successful proposer will work with City staff to prioritize landscape areas for improvement and determine which tier quality will be utilized in each area. The deliverable for this project is a master plan that may be implemented in a variety of locations at City staff discretion. In addition, areas prioritized for new landscape construction or remediation will require 100% landscape construction plans and the potential for construction support services.

1. LMP design for City's consideration will addresses all landscape goals, streetscapes, 15 park and recreational facilities, open spaces & parks, and approximately 300 acres of medians. The City specifically would like to address medians located on the following streets: Cook Street, Monterey Avenue, Country Club Drive, and Washington Street.

2. LMP design services may include, but are not limited to:

1. Research, Investigation, Design, Planning or Programming Services

2. Site Analysis

3. Design Services and Construction Documents

4. Construction Administration

5. Bid tabulation

3. Preliminary design requirements for the plan will be compiled from information provided by City staff. The Consultant shall use the information as a basis to establish the detailed plan requirements and functional relationships required for development of a definitive design program. The plan requirements that determine the design of the LMP project shall be a product of the Consultant's detailed analysis and research of the needs and requirements of the project with direction provided by City.

4. Consultant shall be responsible for the completeness and accuracy of all services rendered under this contract and correct all errors of omission or commission on the drawings, specifications and all other documents notwithstanding prior to acceptance by the City.

5. Consultants shall be available to accept plans for the City on an as-needed basis and be able to meet deadlines for the completion. Inability to meet the City's schedule as required, may result in not awarding the Consultant the particular project or future projects under this contract.
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Contract No. ___________
Exhibit “B”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "B"

SCHEDULE OF SERVICES
The term of this Agreement shall be from November 14, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms.

Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

Prospectively, the City anticipates the schedule of work as follows:
 Notice to Proceed (NTP): November 2024
 Assessment and Data Collection: Month 1 from NTP
 Analysis: Month 2 from NTP
 Preliminary Landscape Master Plan Phase: Month 3 from NTP  Final Landscape Master Plan Phase: Month 4 from NTP
321
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "C"

COMPENSATION
The total compensation, for the Master Plan and Extra Work to Implement the Plan in the aggregate, shall not exceed Two Hundred and Forty-One Thousand Five Hundred and EightyFive Dollars ($241,585) without written approval of the City Council or City Manager, as applicable.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 322
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-134
Landscape Master Plan Development Project
RESPONSE DEADLINE: October 2, 2024 at 5:00 pm
Report Generated: Thursday, October 3, 2024
Hermann Design Group Response

CONTACT INFORMATION
Company:

Hermann Design Group
Email:
[email protected]
Contact:

Kristin Hermann
Address:
77-899 Wolf Road Suite 102
Palm Desert, CA 92211
Phone:
(760) 777-9131
Website:
http://hdg-inc.com
Submission Date:

Oct 2, 2024 2:36 PM (Pacific Time)
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Request For Proposal - Landscape Master Plan Development Project

ADDENDA CONFIRMATION
Addendum #1
Confirmed Oct 2, 2024 2:09 PM by Kristin Hermann

QUESTIONNAIRE

1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:

A. Cover Letter

1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation.

B. Experience and Technical Competence

1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.

2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person.

C. Firm Staffing and Key Personnel

1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 324
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Landscape Master Plan Development Project
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2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.

3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.

4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.

D. Proposed Method to Accomplish the Work

1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

Work_Proposal_-_City_of_Palm_Desert_Landscape_MP_2024.pdf

2. Fee Proposal*
Please provide a lump-sum, not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work”. Please provide hourly rates for the following positions. These may vary based upon the propser's capabilities.
• Landscape Architects - Design outdoor spaces, incorporating plants, structures, and water features. • Landscape Designers - Focus on residential or smaller-scale projects, often with a more aesthetic approach. • Urban Planners - Help integrate landscape designs within broader city planning initiatives. • Environmental Consultants - Assess environmental impacts and ensure compliance with regulations. • Civil Engineers - Collaborate on the structural aspects of landscape projects, such as drainage and grading. • Horticulturists - Provide expertise on plant selection, growth, and maintenance. • Landscape Technicians - Assist with site preparation, planting, and maintenance tasks. • Project Managers - Oversee project timelines, budgets, and team coordination. • Surveyors - Measure land and help define property boundaries for projects. 325
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Request For Proposal - Landscape Master Plan Development Project

Fee_Proposal_-_City_of_Palm_Desert_Landscape_MP_2024.pdf

3. Non-Collusion Declaration*
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, 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

4. SAM.gov*
Please enter your legal entity name for SAM.gov verification.

Hermann Design Group, Inc.

Click to Verify Value will be copied to clipboard
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5. Type of Business*
S Corporation (if corporation, two signatures are required)

6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").

N/A

7. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may affect theCity's decision to enter into an Agreement.

N/A

8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").

N/A

9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.

ECH_Resume.pdf
JE_Resume.pdf
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OG_Resume.pdf

10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (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
Eugene Christopher Hermann III, CEO/President, 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 [email protected] 760-777- 9131, x101
Kristin Moore Hermann, CFO/Managing Director, 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 [email protected] 760-777- 9131, x102

11. Conflict of Interest Disclosure*
The proposer understands that any and all relationships with construction firms that may submit bids for projects developed under this agreement will require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships, and the nature of any relationships with any related project bid submitters; and that any violation of this provision may result in the immediate termination of the Agreement
Confirmed

12. Certification of Proposal*
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.

Confirmed
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October 2, 2024

CITY OF PALM DESERT
2024-RFP-134

LANDSCAPE MASTER PLAN DEVELOPMENT PROJECT

WORK PROPOSAL
77899 WOLF ROAD, SUITE 102
PALM DESERT, CA 92211
(760) 777-9131 (PHONE)
(760) 777-9132 (FAX)
WWW.HDG-INC.COM 329

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335

COVER LETTER
OCTOBER 2, 2024
VIA OPENGOV.COM PORTAL
Melanie Slater
Management Specialist
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
RE: Request for Proposal - 2024-RFP-134 - Landscape Master Plan Development Dear Melanie,
On behalf of Hermann Design Group (HDG), I am pleased to present this proposal to provide landscape design solutions to refresh older medians and standardize landscapes, hardscape, and plant material for a cohesive aesthetic and ease of maintenance throughout the city. The team will provide design themes and produce presentation materials for staff, City Council, and agency approval.

Since 2015, our team has established an excellent working relationship with the City on many projects, and we look forward to continuing our role as your landscape architects for this project. The HDG team has just completed a very similar assignment for the City of La Quinta which was awarded the 2024 Project of Merit Award by APWA for Traffic, Mobility and Beautification. Details of this effort can be found in our project examples portion of the proposal. Additionally, The City of Indio is under construction with the HDG designs of several medians on Highway 111 and the Jefferson Street Overpass.

If you have any questions, please feel free to contact me via my office phone at (760) 777-9131 (extension 101) or my cell phone at (760) 774-5070. My email address is [email protected].

The individuals authorized to negotiate with the District and sign contracts on behalf of the firm are Kristin Hermann and me. By signing below I attest that all information submitted within the qualifications is true and correct.

Best regards,
E. Chris Hermann, PLA
President / CEO
77899 Wolf Road, Suite 102
Palm Desert CA, 92211
(760) 777-9131 (Phone)
(760) 777-9132 (Fax)
330

EXPERIENCE AND

TECHNICAL COMPETENCE
331

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 1 Hermann Design Group, Inc. was founded in 1995 in Palm Desert, California as Hermann & Associates. Our founding philosophy was to create a firm by which we are able to work on unique projects and allow for Mr. Hermann to lead the design process and build relationships with clients that will last for a lifetime.

We evaluate our clients’ distinct needs and desires through creative thinking, and we provide the right solutions for individual projects. Our design solutions always consider the sustainability of our valuable environment.

At Hermann Design Group, we are committed to wisely omitting water, also known as the “WOW” factor, with the goal of creating a positive impact on the environment from start to finish. We create sustainable design by strategically incorporating native and drought-tolerant horticulture and “smart” irrigation, in addition to utilizing local resources for materials to minimize environmental impacts.

Hermann Design Group provides the following landscape
architecture and planning services to assist public agencies and private developers in the design of outdoor environments and facilities, including:

Hermann Design Group is a healthy firm financially with no issues that would affect our ability to complete our obligations to our clients. We are profitable and strategic about our growth so that we will remain a successful enterprise.

Additionally, Hermann Design Group certifies that the firm and its principals are in good standing with all applicable licensing boards and is eligible to contract with any federal, state, or local public agency. HDG is certified as a Small Business through the State of California No. 1788893.
• Playgrounds, Parks, and
Recreation Facilities
• Golf Courses
• Natural and Historic Sites
• Streetscapes/Transportation
• Commercial/Retail/Industrial
• Hotels
• Interpretative Landscape
Design
• Master Planned Communities
• Creative Signage & Way
Finding
• Placemaking Experiences
INCORPORATED April 2009 (California S-Corporation)
PRESIDENT/CEO Chris Hermann
STAFF Eight Full-Time; Two Part-Time Employees
FORMERLY Hermann & Associates
(Sole Proprietorship 1995-2009)
OFFICE LOCATIONS Palm Desert / Riverside / San Diego
HOURS OF OPERATION Monday – Friday 8:00 a.m. to 5:00 p.m.

WEBSITE www.hdg-inc.com

HERMANN DESIGN GROUP

FIRM PROFILE
332

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 2 PROJECT EXPERIENCE
HDG prepared a multi-year plan for turf removal and landscape improvements in the North La Quinta Landscape and Lighting District. Approximately ten acres of turf were removed saving over 25,373,049 gallons of water per year for median and parkway areas surrounding 11 communities.

Existing trees that were healthy have been preserved using an irrigation technique that has proven to be 100% successful in the desert heat where trees were accustomed to surface water from turf and converted to deep watering. All shrubs were placed on individual drip emitters and flow sensors, master valves, and the Rainbird IQ system for controller programming. Both cellular and radio service are used to daisy-chain the controller together for control by the City.

The landscape design utilizes a “desert oasis” palette and plant spacing is grouped for easier maintenance. The creative use of three rock sizes and colors with boulder accents creates interest, contrast, and movement in the ground plane. For every three trees removed, a new tree was installed. Median design included the used of date palms to enhance neighborhood entries and create a cohesive connection to surrounding streets.

The project required research of existing utility providers, applications for turf removal rebates from the water district, and surveying existing conditions in the field to establish demolition and removal plans. In addition to design and working drawings, the City required HDG to prepare all City bid documents, bid schedules, and provide field observation services.

CITY OF LA QUINTA / ON-CALL SERVICES
CLIENT: City of La Quinta
CLIENT ADDRESS: 74-495 Calle Tampico
La Quinta, CA 92253
CONTACT’S NAME: Bryan McKinney
CONTACT’S TITLE: Public Works Director/City Engineer
CONTACT’S NO.: (760) 777-7045
CONTACT’S EMAIL: [email protected]
ESTIMATED VALUE:

TIMESPAN:
$10,000,000
Eight Years

PROJECTS COMPLETED
TO DATE:
• Cactus Flower, 2024
• Marbella/Sierra Del Rey, 2023
• Desert Pride, 2023
• Rancho Ocotillo, 2021
• La Quinta Highlands, 2019
• Acacia Parkway, Median, and Retention Basins, 2018
• Quinterra Parkway and Retention Basin, 2018
• La Quinta Del Oro Entry, 2016
• Avenue 52 Parkway Demonstration Area, 2015
333

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 3 PROJECT EXPERIENCE
CITY OF LA QUINTA – MEDIANS, STREETSCAPES, AND PARKWAYS

COMPLETED PROJECT COMPLETION YEAR AND PROJECT VALUE
ACACIA: 2018
$489,000
QUINTERRA: 2019
$615,000
HIGHLANDS: 2019
$722,000
SILVERROCK VENUE SITE: 2021
$6,000,000
CACTUS FLOWER: 2024
$2,035,000
334

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 4 PROJECT EXPERIENCE

PROJECT DESCRIPTIONS

CITY OF INDIO ON-CALL SERVICES

PARK MASTER PLANNING AND IMPROVEMENT PROJECTS
CLIENT: City of Indio
CLIENT ADDRESS: 100 Civic Center Mall
Indio, CA 92201
CONTACT’S NAME: Tim Wassil, P.E.

CONTACT’S TITLE: Director of Public Works
CONTACT’S TELEPHONE: (760) 625-1801
CONTACT’S EMAIL: [email protected]
CONTRACT DURATION: 2016 to Present
▪ Water Play Restoration
▪ Playground Surfacing Enhancements
▪ Play Area Replacement
▪ Shade Structure Replacement
▪ Site Analysis and Surveying
▪ Design
▪ Cost Estimating
▪ Construction and Bidding Documents
INDIO SPORTS PARK MASTER PLAN & PHASE I FINAL DESIGN/CONSTRUCTION 2020 - 2025 Site Analysis, Community Outreach, Workshops, Master Planning, Design Development, Cost Estimating, Construction and Bidding Documents. Phase I is currently under construction and HDG is providing construction management and administration services for the project.

CENTER STAGE / THE LIVING ROOM - MASTER PLAN & FINAL DESIGN 2021 - 2023 Master Planning, Design Development, Lead Consultant, Cost Estimating, Construction and Bidding Documents. Construction observation services provided during construction.

HWY 111, INDIO BLVD., AND JEFFERSON OVERPASS MEDIAN ENHANCEMENTS 2021 - 2024 Preliminary planning and design, construction and bidding documents. Construction observation services during construction.

MILES AVENUE DOG PARK 2022-2023
Preliminary planning and design, construction documents. Construction observation services provided during construction.

DR. CARREON PARK AND DOWNTOWN INDIO SCULPTURE INSTALLMENTS 2019 AND 2021 Hardscape, landscape, and lighting elements to create an inviting element for the sculptures provided to the City by Goldenvoice.

TEEN CENTER SPORTS COURT REHABILITATION 2021
Construction documents for sports court resurfacing and related landscape design.

PK 1707 PARK RENOVATIONS 2019
335

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 5 PROJECT EXPERIENCE

CITY OF INDIO ON-CALL SERVICES

PARK MASTER PLANNING AND IMPROVEMENT PROJECTS
COMPLETION DATE & VALUE:

MILES AVENUE PARK MASTER

PLANNING AND PH I DESIGN
Value
Completion Date
$1,150,000
2017
HRPP PARKS Value
Burr Park
Dr. Carreon Park
Hjorth Park
Station 87 Dog Park
Completion Date
$200,000
$315,000
$150,000
$1,150,000
2016

DOMINGUEZ PARK
Value
Completion Date
$225,000
2018
PK 1707 PARK RENOVATIONS
Value
Completion Date
$542,000
2019
DR. CARREON PARK
STATION 87 DOG PARK
336

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 6 PROJECT EXPERIENCE

CITY OF INDIO MEDIAN IMPROVEMENTS
CLIENT: City of Indio
CLIENT ADDRESS: 100 Civic Center Mall
Indio, CA 92201
CONTACT’S NAME: Tim Wassil, P.E.

CONTACT’S TITLE: Director of Public Works
CONTACT’S TELEPHONE: (760) 625-1801
CONTACT’S EMAIL: [email protected]
CONTRACT DURATION: 2021 - Present
HIGHWAY 111, INDIO BLVD., AND JEFFERSON OVERPASS MEDIAN ENHANCEMENTS 2021 - 2024 HDG prepared the designs for five medians along Highway 111 and one at Jefferson and Indio Blvd. that folllowed and established theme for the entire corridor; the Highway 111 medians are currently under construction while Jefferson/Indio Blvd. has been completed.

HDG also designed the Jefferson Overpass median that is currently under construction. The design of the overpass median provides a unique rock design to allow for significant date palm planting, metal sculptures, lighting and city signage. Plans included master planning and construction documents that were bid within the budget. 337

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 7 PROJECT EXPERIENCE

DINAH SHORE MEDIAN IMPROVEMENTS
CLIENT: City of Rancho Mirage
CLIENT ADDRESS: 69-825 Highway 111
CONTACT’S NAME: Bill Enos
CONTACT’S TITLE: City Engineer
CONTACT’S TELEPHONE & FAX: 760-770-3224 (t)
CONTACT’S EMAIL: [email protected]
PROJECT COMPLETION DATE & VALUE:

Project Value
Completion Date
$174,000
2017

BEFORE AFTER
As part of our on-call landscape architectural services for the City of Rancho Mirage, HDG provide design services for the median improvements for Dinah Shore Drive from Plumley Road to Da Vall Drive. The improvement area was approximately 348,480 square feet of landscape and hardscape. These medians were designed without planting and uses cobble, crushed rock and pavers in a creative pattern to cover the median area that varied in width from 3’ to 15’. 338

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 8 PROJECT EXPERIENCE

CITY OF PALM DESERT ON-CALL SERVICES
COMPLETION DATE & VALUE:

DESERT WILLOW FIRECLIFF

GOLF COURSE TEES, GREENS

AND TURF REMOVAL
Value
Completion Date
$4,350,000
2024

DESERT WILLOW PARKING

AREA (LANDSCAPE

AND IRRIGATION)
Value
Completion Date
$225,000
2024

CAHUILLA HILLS PARK
Value
Anticipated Completion Date
$1,410,000
2025

DESERT WILLOW FIRECLIFF

COURSE RENOVATION
HOLE 1 BEFORE HOLE 1 AFTER
HOLE 10 AFTER
339

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 9 SELECTED REFERENCES

CITY OF INDIO
100 Civic Center Mall
Indio, CA 92201
Tim Wassil
Director of Public Works
[email protected]
(760) 625-1801
Project Descriptions:
• Median Rehabilitation
• Jefferson Street Overpass

CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
Bryan McKinney
Public Works Director/City Engineer
[email protected]
(760) 777-7045
Project Descriptions:
• L&L District Master Plan
• L&L District Final Design

CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
Martin Alvarez
Director of Public Works
[email protected]
(760) 776-6467
Project Descriptions:
• On-Call Services

CITY OF INDIAN WELLS
44-950 El Dorado Drive
Indian Wells, CA 92210
Chris Freeland
City Manager
[email protected]
(760) 346-2489
Project Descriptions:
• Golf Pavilion Master Plan
• Landscape Ordinance Update
• Indian Wells Park (with Desert Rec)
340

FIRM STAFFING AND

ORGANIZATION
341

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 10 Chris is a graduate of the Pennsylvania State University and has over 40 years of experience resolving the challenges of designing in the Inland Empire and desert environment, and he is a CLARB Certified Landscape Architect. Before moving to the Coachella Valley in 1994, he was a principal at RHA Landscape Architects-Planners in Riverside, a firm he had been with for nearly ten years.

Chris is the Lead Designer and Client Relationship Manager on all projects.

CHRIS HERMANN – PRESIDENT / CEO

PRINCIPAL-IN-CHARGE / LEAD DESIGNER (PALM DESERT OFFICE) Jose is a graduate of Cal Poly Pomona with a Bachelor of Science in Landscape Architecture with a career focus on irrigation design. He has been an integral part of Hermann Design Group since 1999. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field, as well as translating during public input workshops or community meetings.

JOSE ESTRADA – VICE PRESIDENT

PRINCIPAL / DIRECTOR OF IRRIGATION DESIGN (RIVERSIDE OFFICE) Kristin heads up our quality assurance program and coordinates the diverse facets of each project. She served as the construction administrator on the Rancho Mirage Community Park Expansion, acting as a liaison between the City and the contractor from bid opening through final walk through. She is currently assisting in the construction administration for the Indio Sports Park Phase I construction. Kristin will provide plan checking, specification writing, and bid document preparation. Additionally, Kristin heads our “back office” and takes care of financial and contractual elements.

KRISTIN HERMANN – CFO / MANAGING DIRECTOR

QUALITY CONTROL / SPECIFICATIONS (PALM DESERT OFFICE)
In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus is a Cal Poly San Luis Obispo graduate who combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill. He has comprehensive experience designing streetscapes, parks, and trailheads, in addition to residential/commercial landscapes. Opus is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers.

ARMANDO “OPUS” GARZA – ASSOCIATE

SENIOR DESIGNER / PROJECT MANAGER (PALM DESERT OFFICE)

FIRM STAFFING
342

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 11 CESAR DELGADO

DESIGNER (RIVERSIDE OFFICE)
Based in the Riverside office, Cesar joined Hermann Design Group as a designer in 2021. Upon graduating from Cal Poly Pomona with a Bachelor of Science in Landscape Architecture, Cesar has exhibited a natural inclination toward producing hand graphics, employing graphic design tools, and developing renderings. With a strong aptitude for artistry and bringing a project’s vision to life, Cesar has made meaningful contributions to the master plan community and multiple housing developments at HDG. Additionally, he is bilingual in Spanish and English.

ULICES CISNEROS

DESIGNER (PALM DESERT OFFICE)
Ulices joined the HDG team as a designer in 2022 with an Associate of Science in Horticulture and a Bachelor of Science in Landscape Architecture from Cal Poly Pomona. Ulices successfully applies his knowledge of horticulture, acquired through both formal education and direct experience in the landscaping industry, to develop site plans and landscape designs. Prior to joining HDG, he worked as a designer at Ray Martin Design Corp and TKD Landscape Architecture, gaining considerable experience using various software programs such as AutoCAD, LandFX, SketchUp, Lumion, and Adobe Creative Suite. Ulices’ fluency in Spanish and English facilitates communication between HDG and their stakeholders, consultants, and community members.

FIRM STAFFING

FRANCISCO SANCHEZ

DESIGNER (PALM DESERT OFFICE)
Joining as a designer in 2020, Francisco quickly proved to be a vital asset to Hermann Design Group. With a Bachelor of Science in Landscape Architecture from Cal Poly Pomona and a demonstrated proficiency in 3D, color, and perspective renderings, Francisco has contributed to a diverse range of projects at HDG. While focusing primarily on residential design, he also plays a role in supporting project managers and senior designers on municipal projects. Fluent in both Spanish and English, Francisco has enhanced the ability to communicate effectively with Spanish-speaking communities in the Southern California region. Francisco is also a member of The City of Palm Desert Architectural Review Committee.

PAMELA FONSECA

DESIGNER/DRAFTSPERSON (RIVERSIDE OFFICE)
Based in the Riverside office, Pamela recently joined our firm in early December 2023. Upon graduating from Cal Poly Pomona with a Bachelor of Science in Landscape Architecture in 2020, Pamela worked several years as a landscape designer specializing in 3D modeling for a pool contractor in San Dimas. Her passion for designing sustainable and functional landscapes brought her to Hermann Design Group. Pamela is bilingual in both Spanish and English, and she has exhibited a keen design sense in her time with us. Pamela is currently pursuing her Certification in Landscape Irrigation at Mt. San Antonio College. 343

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 12 ORGANIZATION

CITY OF PALM DESERT
Our management team for this project consists of Chris Hermann, Principal -in-Charge and lead designer. Opus Garza will serve as project manager with Jose Estrada serving as director of irrigation design. Kristin Hermann handles all financial responsibilities of HDG including contracts, invoicing, and collections The key personnel and principals will not be replaced without prior consent from the City of Palm Desert. 344

SCOPE OF SERVICES
345

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 13 SCOPE OF SERVICES

PROJECT CONSIDERATIONS
The City is concerned about the large variety of planting and hardscape themes in medians and would like to create an overall five-year master plan for creating consistency in the design with three tiers of installation and the intent of reducing maintenance.

Priority areas include Highway 111, Cook Street, Monterey Avenue, Country Club Drive and Washington Street. In addition, the planting palette for the master plan needs to consider ideas for plant replacements in the 15 park and recreational facilities.

The city has one of the best guides available in any jurisdiction for planting and maintenance available for reference, and it should be reviewed as part of the process of establishing new planting designs.

HDG has taken the time to do some initial research in preparation of the proposal and observed the use of grey granite cobble, stamped concrete, baja cresta cobble, boulders that reflect the surrounding mountains colors, mexican river cobble, colored glass, and flagstone. The use of a variety palm trees is prevalent and should be maintained as part of the planting theme.

There are a variety of shade trees including Quercus virginana, Acacia species, Tipuana tipu, Cercidium species, Prosposis species, Caeselpinia cacalota, and Ebenopsis ebano.

There are others, however, the city should consider the use of shade trees can be retained to help reduce heat islands on paved areas as well as sequester carbon emissions.

During the pre-proposal meeting staff indicated that Baja Park should be reviewed. It is overgrown, and there are some unique desert plant species to consider in the master planning effort. Staff has also been installing new landscape on Cook Street and the Magnesia Falls median was recently completed.

We will establish the plant palette and theme for the project would be to prepare typical design schemes for portions of each area of study with three different concepts or tiers.

Tier one would be the highest level of landscape improvements and should include cobble, decomposed granite (dg), boulders, desert accents, shrubs, trees, and lighting.

Tier two may step down to a lower quantity of shrubs and desert accents, use of dg, cobble, and trees. Tier three could be trees, desert accents, and dg. The city-wide median maintenance map will be used to establish tier locations, and HDG will create a five-year master plan that can be used for implementation. 346

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 14 SCOPE OF SERVICES

PROJECT CONSIDERATIONS

COBBLE, ROCK, DECOMPOSED

GRANITE, PALMS AND SHADE TREES

ELEPHANT TREE - BAJA PARK

FLAGSTONE, ROCK, BOULDERS SHADE TREE
Cook Street, Monterey Avenue , Country
Club Drive, and Washington Street
medians cover over 15 miles with a variety
of colors of rock, boulders, decomposed
granite, and planting.

The establishment of planting
choices should include saving
unique species.
347

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 15 SCOPE OF SERVICES
I. MASTER PLANNING
Typical landscape master plan designs of approximately 1200 lineal feet of each of the medians of Cook Street, Monterey Avenue, Country Club Drive and Washington Street will be provided.

A. Project Kick-off Meeting – The project team and city staff will meet to review project scope, programming budgets and design objective.

B. Drone Flight - We will utilize the services of a drone and mapping company to document existing conditions from an aerial view and scale it for base sheet development. This will be for over the entire length of each median (approximately 15 miles). This will assist in expanded studies and provide base information for future construction drawings and budgeting for construction.

C. Site Visit – The project team will review existing site conditions, document existing plant material and hardscape areas.

D. Data Collection – We will perform all necessary data collection that will include research and gathering/reviewing existing City records.

E. Base Sheets – We will develop base sheets with 1200 lineal feet of median for each condition described in the scope of work.

Please Note: Base sheets prepared via field measurements, drone images, and City records are not always accurate. The only way to ensure base sheet accuracy is via the use of an up-to-date survey by a licensed surveyor. Survey services have not been included herein as we do not believe these services need to be provided at the master planning stage.

F. Conceptual Plans – We prepare three planting concepts for each typical median. The three concepts will be “tiered” and each tier will be keyed to the city median maintenance map for locations within the city. A planting legend will be provided with Latin and common names, size, and water use requirements.

G. Preliminary Plans – Upon review and comment of the conceptual plans, we will prepare a preliminary plan for each typical median for City review. This will include a final color rendered plan and sections/photo images of design ideas.

H. Preliminary City-Wide Master Plan Map - A preliminary city-wide master plan map will be provided that identifies the location of the tiered planting concepts.

I. Opinion of Probable Cost – We will prepare an opinion of probable cost for the conceptual and final preliminary plans with options for bid alternates.

J. Image Photos – We will include photos of images to depict the various planting plan and hardscape components.

K. Final Landscape Master Plan - We will provide a final plant palette for the four medians with three tiers of design. A city-wide master plan map will be provided that identifies the location of the tiered planting concepts. Each median will have a 1200 foot length provided in a color-rendered 1”=20’ plan view that is keyed to the city-wide master plan.
348

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 16 SCOPE OF SERVICES
II. GENERAL SERVICES
We will meet with Staff as required to complete the master planning and we will attend scheduling and progress meeting as necessary. The principal/project manager and other appropriate key personnel who are expert in specific areas will also be available to attend presentations, public meetings, and public hearings as needed for this phase of the project. The nature and content of these meetings will be coordinated with the City who will schedule and conduct the meetings.

OPTIONAL FUTURE SERVICES
Once the City chooses the phases of the work to be completed, HDG will provide the City with specific proposals for final design for each phase of work as it progresses. The following would be our typical scope of work for final design.

CONSTRUCTION DOCUMENTS (TYPICAL SCOPE)
A. Demolition Plan - HDG will prepare a demolition plan that illustrates existing plant material to be removed or to remain.

B. Construction Plan and Details - This plan will locate by dimension site improvements and site furnishings. Details and selections of materials are included.

C. Irrigation Plans - HDG will prepare complete irrigation plans. Elements of the system will be designed to carry optimum amounts of water to irrigate the site.

Full detailing of equipment will be included.

Vandal resistance, durability, serviceability, reliability, water conservation, efficiency, and most importantly, consistency with Coachella Valley Water District and City of Palm Desert standards will be our primary concern. Systems will be designed to accommodate reclaimed water, as requested.

D. Planting Plans - Complete planting plans with necessary details will be provided. Plant suitability, maintainability, drought resistance, and reliability will be considered.

E. Construction Specifications - A detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, and technical specifications for the items covered under this scope of work will be provided.

F. Opinion of Probable Cost - We will prepare an opinion of probable construction cost of the design development plans for use by the City encompassing cost projections.

G. Document Processing - We will submit the documents for City and various agency approvals. We will review documents and make necessary corrections as directed by said governing agencies.

H. Meetings - We will attend meetings as required during this phase of the project. 349

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 17 SCOPE OF SERVICES
I. Final Documents - After final approval, 24” x 36” plans shall be submitted to the City along with an electronic copy of the plans and specifications for bidding purposes.

BIDDING PHASE SUPPORT (TYPICAL SCOPE)
A. When the project goes out for competitive bidding, we will assist the City in the bid process, distributing bid packages, noting direction given to contractors, questions asked and follow-up clarifications or addendum items.

B. We will attend and chair the pre-bid meeting and provide written minutes and follow up information as required.

C. We will assist the City in evaluating bids as required. . CONSTRUCTION PHASE SUPPORT (TYPICAL SCOPE)
A. We will coordinate with the City as required throughout the life of the project B. This phase will commence with the notice to proceed to the contractor and terminate when final payment is issued by the City.

C. We will attend and chair the pre-construction meeting.

D. We will provide weekly observations during construction for the purpose of establishing acceptability and provide written documentation of official job meetings to those present.

E. Based on our observations at the site and on the contractor’s application for payment, we will assist in determining the amount owed to the contractor, if requested. We will review job drawings, as-builts, RFIs, submittals, samples, and other submissions of the contractor for conformance with the design of the project and for compliance with the information given in the conformance contract documents.

F. We will review change orders and submittals for approval and issuance by the City. We will respond to requests for information from the contractor, issue field bulletins and requests for quotations.

G. We will review as-builts and assist in the reproduction of the as-built information on flash drive or other requested format.
350

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 18 Quality control is a significant part of HDG’s long history of successful projects. HDG works with all stakeholders early on to ensure budgets, schedules, and expectations are agreed upon and clearly communicated. Designs are created and continuously measured against these definitions of success to ensure a proper outcome and follow through is achieved with minimal surprises. We recognize that though each design phase is evaluated differently, it’s important to revisit the initial goals and objectives. Regular communication will be maintained with all parties to assess the current project trajectory and plan for effective counter measures as challenges or changes arise.

QUALITY CONTROL
Ongoing Monitoring of Communication, Schedule, Goals and Budget with the City Concept
Design
Design
Development
Final
Design
Design
Delivery
Project
Planning
Define Success
Goals &
Objectives
Budgets
Schedule
Challenge Areas
Due Diligence
Expectations
Design Methods
Metrics of
Success
Evaluate Design
Usefulness
Convenience
Added Value
Quality
Engineering
Cost Effectiveness
Reliability
Verify Design
Bidding Issues
Constructibility
Engineering
Cost Effectiveness
Metrics of
Success
Ensure
Delivery of Files
Final Corrections
Assess Design
Goal Fulfillment
Constructibility
Reliability
Engineering
Cost Effectiveness

QUALITY CONTROL CRITERIA
Client Satisfaction

PROJECT START

CITY REVIEW INTERNAL REVIEW
351

APPENDIX
352

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Chris, a graduate of Pennsylvania State University,
founded Hermann Design Group in Palm Desert,
California in 1995. He has designed and overseen the
construction of both public and private development
projects throughout his career, with over 35 years of
experience working in the Coachella Valley.

Prior to founding HDG, Chris established the landscape
architecture department for CUH2A, one of the nation’s
largest multi-disciplinary architecture and engineering firms in 1983. He gained valuable experience working in collaboration with the civil engineering and architectural departments, solving a variety of design challenges.

Before becoming a Coachella Valley resident, Chris was
a principal at RHA Landscape Architects-Planners, Inc.
in Riverside, a firm he had been with for nearly ten years.

At RHA, Chris was principal in charge of schools, parks and recreation centers, commercial spaces, masterplanned communities, and other public sector work.

While recognizing the value of creating an inviting and aesthetically-pleasing environment, Chris prioritizes the conservation of natural resources and founded Hermann
Design Group upon the principle of sustainability.

In consideration of the environmental impacts of
landscape design, he implements sustainable elements
and techniques into the design process that maximize
resource efficiency.

Chris’s extensive experience working with a multitude
of municipal clients has demonstrated his keen
understanding of budgetary constraints, strict project
timelines, and the need for inclusive elements to deliver a product that meets the client’s goals from start to finish.

Mr. Hermann demonstrates HDG’s values of transparency
and integrity by facilitating effective communication
between the client, the consultant, and any applicable
stakeholders.

CHRIS HERMANN, PRESIDENT

PRINCIPAL LANDSCAPE ARCHITECT
CLARB Certified Landscape Architect #40888
CA #2754 / AZ #54352 / NV #1058 / ID #16916 / TX #3588

CERTIFICATIONS AND LICENSING
Pennsylvania State University
B.S. Landscape Architecture

EDUCATION
CVLink
Coachella Valley Cities, CA
University Park
Palm Desert, CA
City of Indio
Center Stage
Indio Sports Park Master Plan
Miles Avenue Park Master Plan
HRPP Grant Park Renovations
Median Improvements
City of La Quinta
SilverRock Venue Site
Parkway and Median Improvements
Fritz Burns Park Improvements
Seasons Dog Park
La Quinta Auto Collection
Rancho Mirage Community Park
Expansion & Amphitheater
Rancho Mirage, CA
Mecca Sports Complex
Mecca, CA
Thermal Community Park Master Plan
Thermal, CA
On-Call Services
City of Indio
City of La Quinta
City of Palm Desert
City of Palm Springs
City of Rancho Mirage
City of Moreno Valley
County of San Bernardino

REPRESENTATIVE PROJECTS AWARDS
Ann Hunter Welborn Circle of
Excellence Award for Sustainability
San Diego Housing Commission
APWA
CV Link (with Alta)
Indian Wells Park
SilverRock Venue Site
Center Stage
Mecca Sports Park
City of La Quinta Parkways
RESUME
353

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Mr. Estrada has steadily assumed positions of greater responsibility and leadership. Starting out as a project designer with RHA Landscape Architects-Planners, Inc. in 1994, he is now principal and vice president of Hermann Design Group, Inc.

Jose has been an integral part of Hermann Design Group since 1999, and he heads up our production office in Riverside. He has established a professional aptitude in irrigation and landscape design, and he is able to direct a project at all stages of development. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field. This ability to communicate in the field aids in explaining the design thought process, resulting in a more successful installation. Mr. Estrada’s ability to work independently and his attention to follow-through make him a valuable asset to any project team.

Jose has a wide diversity of experience in projects including public works projects, commercial, urban development, golf course development, and institutional projects. He is an experienced designer of LEED-certified projects.

He has provided design services for a large variety of clients throughout Southern California including the cities of Los Angeles, Perris, Menifee, Riverside, Indio, La Quinta, Palm Desert, Rancho Mirage, and Coachella.

Parkway and Median Improvements
La Quinta, CA
Mecca Sports Complex
Mecca, CA
Miles Avenue Park
Indio CA
CV Link
Coachella Valley
SilverRock Venue Site
La Quinta, CA
Rancho Mirage Community Park
Expansion & Amphitheater
Rancho Mirage, CA
Dr. Carreon Park Improvements
Indio, CA
Indio Sports Park
Indio, CA

REPRESENTATIVE PROJECTS

JOSE ESTRADA, VICE PRESIDENT

PRINCIPAL / DIRECTOR OF IRRIGATION

EDUCATION
Cal Poly Pomona
B.S. Landscape Architecture
RESUME
354

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill.

He is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers. Opus has comprehensive experience designing projects in the public sector such as parks, trailheads, and capital improvement projects in addition to noteworthy commercial and residential developments.

When Alta Planning + Design contacted us in 2015 to assist locally with the landscape design of the CVLink, Opus worked alongside Chris Hermann on the design work, eventually taking over as the lead contact for with Alta. Also starting in 2015, Opus has served as the project manager for the improvements included in the City of La Quinta’s multi-year North Landscape and Lighting District Renovation Plan. In his role as project manager, Opus has produced numerous turf removal and landscape redesign plans for various basins, streetscapes, parkways, and medians throughout La Quinta. Several of these projects include Rancho Ocotillo, Acacia, Del Oro, Quinterra, and Highlands. His experience overseeing long-term city-wide capital improvement projects has provided him with the knowledge necessary to maximize project efficiency and create a sense of design cohesion.

OPUS GARZA, ASSOCIATE

SENIOR DESIGNER / PROJECT MANAGER

EDUCATION
Cal Poly San Luis Obispo
B.S. Landscape Architecture
L&L Parkway and Median Improvements
La Quinta, CA
Miles Avenue Park
Indio, CA
Indio Sports Park
Indio, CA
Median Improvements
Indio, CA
Cahuilla Hills Park
Palm Desert , CA
Desert Willow Parking Lot
Palm Desert, CA
CVLINK
Coachella, CA
South Jackson Park
Indio, CA
X-Park
La Quinta, CA

REPRESENTATIVE PROJECTS
RESUME
355
October 2, 2024

CITY OF PALM DESERT
2024-RFP-134

LANDSCAPE MASTER PLAN DEVELOPMENT PROJECT

FEE PROPOSAL
77899 WOLF ROAD, SUITE 102
PALM DESERT, CA 92211
(760) 777-9131 (PHONE)
(760) 777-9132 (FAX)
WWW.HDG-INC.COM 356

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335

FEE PROPOSAL

FEES AND CHARGES
Our fees will be billed on a lump sum, percentage complete basis unless otherwise indicated. All reimbursable expenses will be billed as incurred.

I. MASTER PLAN DESIGN SERVICES $36,105.00
II. GENERAL SERVICES (Hourly) $ 4,480.00
REIMBURSABLES (Billed Only as Incurred) $ 1,000.00
TOTAL FEE INCLUDING ALLOWANCES $41,585.00

NORMAL HOURLY RATES
Principal Landscape Architect/Principal Planner ..................................................................$195.00 per hour Construction Manager............................................................................................................165.00 per hour Landscape Architect................................................................................................................150.00 per hour Project Manager/Associate .....................................................................................................135.00 per hour Irrigation Designer ..................................................................................................................135.00 per hour Senior Designer.......................................................................................................................125.00 per hour Professional Staff/Specification Writer...................................................................................105.00 per hour Designer ....................................................................................................................................95.00 per hour Draftsperson .............................................................................................................................85.00 per hour Administrative Staff...................................................................................................................75.00 per hour

OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination.

REIMBURSABLES
Reimbursable items, such as the cost of reprographic services, soil samples, and travel outside the Coachella Valley will be charged at our cost plus 15%.

RATE INCREASES
Due to increases in wages/benefits, fees and hourly rates are subject to an annual increase based on the Consumer Price Index (CPI-U) published by the Bureau of Labor Statistics. 357

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335

HOURLY BREAKDOWN
CITY OF PALM DESERTLandscape Master Plan Development Project Principal
Landscape
Architect
Project Manager/
Associate
Irrigation
Designer Senior Designer Designer Admin
$195 $150 $135 $135 $125 $95 $75
2 2 4 660 $
8,000 $
4 8 8 20 2,620 $
1 6 16 12 35 4,145 $
2 12 14 1,410 $
8 8 18 30 64 7,740 $
2 8 8 2 20 2,380 $
8 16 24 2,600 $
4 4 4 16 28 3,340 $
4 16 20 2,020 $
1 4 4 1 10 1,190 $
239 36,105 $
8 16 8 32 4,480 $
32 4,480 $
30 0 66 0 130 3 229 41,585 $
1,000 $ (Billed as Incurred)

GENERAL SERVICESPROJECT TOTALS
Project Management/ MeetingsGeneral Services Total

REIMBURSABLE EXPENSES
Drone ServiceSite VisitData CollectionBase Sheets Three Concepts for Four Typical MediansOpinion of Probable CostUpdate Three Concepts for Four Typical MediansFinal Master PlanCity Wide Map with Tier LocationsOpinion of Probable Cost Master Planning TotalReprographics and Other Reimbursables

HERMANN DESIGN GROUP
Total Hours Total Cost

MASTER PLANNING
Kick Off Meeting
358

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Chris, a graduate of Pennsylvania State University,
founded Hermann Design Group in Palm Desert,
California in 1995. He has designed and overseen the
construction of both public and private development
projects throughout his career, with over 35 years of
experience working in the Coachella Valley.

Prior to founding HDG, Chris established the landscape
architecture department for CUH2A, one of the nation’s
largest multi-disciplinary architecture and engineering firms in 1983. He gained valuable experience working in collaboration with the civil engineering and architectural departments, solving a variety of design challenges.

Before becoming a Coachella Valley resident, Chris was
a principal at RHA Landscape Architects-Planners, Inc.
in Riverside, a firm he had been with for nearly ten years.

At RHA, Chris was principal in charge of schools, parks and recreation centers, commercial spaces, masterplanned communities, and other public sector work.

While recognizing the value of creating an inviting and aesthetically-pleasing environment, Chris prioritizes the conservation of natural resources and founded Hermann
Design Group upon the principle of sustainability.

In consideration of the environmental impacts of
landscape design, he implements sustainable elements
and techniques into the design process that maximize
resource efficiency.

Chris’s extensive experience working with a multitude
of municipal clients has demonstrated his keen
understanding of budgetary constraints, strict project
timelines, and the need for inclusive elements to deliver a product that meets the client’s goals from start to finish.

Mr. Hermann demonstrates HDG’s values of transparency
and integrity by facilitating effective communication
between the client, the consultant, and any applicable
stakeholders.

CHRIS HERMANN, PRESIDENT

PRINCIPAL LANDSCAPE ARCHITECT
CLARB Certified Landscape Architect #40888
CA #2754 / AZ #54352 / NV #1058 / ID #16916 / TX #3588

CERTIFICATIONS AND LICENSING
Pennsylvania State University
B.S. Landscape Architecture

EDUCATION
CVLink
Coachella Valley Cities, CA
University Park
Palm Desert, CA
City of Indio
Center Stage
Indio Sports Park Master Plan
Miles Avenue Park Master Plan
HRPP Grant Park Renovations
Median Improvements
City of La Quinta
SilverRock Venue Site
Parkway and Median Improvements
Fritz Burns Park Improvements
Seasons Dog Park
La Quinta Auto Collection
Rancho Mirage Community Park
Expansion & Amphitheater
Rancho Mirage, CA
Mecca Sports Complex
Mecca, CA
Thermal Community Park Master Plan
Thermal, CA
On-Call Services
City of Indio
City of La Quinta
City of Palm Desert
City of Palm Springs
City of Rancho Mirage
City of Moreno Valley
County of San Bernardino

REPRESENTATIVE PROJECTS AWARDS
Ann Hunter Welborn Circle of
Excellence Award for Sustainability
San Diego Housing Commission
APWA
CV Link (with Alta)
Indian Wells Park
SilverRock Venue Site
Center Stage
Mecca Sports Park
City of La Quinta Parkways
RESUME
359

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Mr. Estrada has steadily assumed positions of greater responsibility and leadership. Starting out as a project designer with RHA Landscape Architects-Planners, Inc. in 1994, he is now principal and vice president of Hermann Design Group, Inc.

Jose has been an integral part of Hermann Design Group since 1999, and he heads up our production office in Riverside. He has established a professional aptitude in irrigation and landscape design, and he is able to direct a project at all stages of development. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field. This ability to communicate in the field aids in explaining the design thought process, resulting in a more successful installation. Mr. Estrada’s ability to work independently and his attention to follow-through make him a valuable asset to any project team.

Jose has a wide diversity of experience in projects including public works projects, commercial, urban development, golf course development, and institutional projects. He is an experienced designer of LEED-certified projects.

He has provided design services for a large variety of clients throughout Southern California including the cities of Los Angeles, Perris, Menifee, Riverside, Indio, La Quinta, Palm Desert, Rancho Mirage, and Coachella.

Parkway and Median Improvements
La Quinta, CA
Mecca Sports Complex
Mecca, CA
Miles Avenue Park
Indio CA
CV Link
Coachella Valley
SilverRock Venue Site
La Quinta, CA
Rancho Mirage Community Park
Expansion & Amphitheater
Rancho Mirage, CA
Dr. Carreon Park Improvements
Indio, CA
Indio Sports Park
Indio, CA

REPRESENTATIVE PROJECTS

JOSE ESTRADA, VICE PRESIDENT

PRINCIPAL / DIRECTOR OF IRRIGATION

EDUCATION
Cal Poly Pomona
B.S. Landscape Architecture
RESUME
360

HERMANN DESIGN GROUP
PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill.

He is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers. Opus has comprehensive experience designing projects in the public sector such as parks, trailheads, and capital improvement projects in addition to noteworthy commercial and residential developments.

When Alta Planning + Design contacted us in 2015 to assist locally with the landscape design of the CVLink, Opus worked alongside Chris Hermann on the design work, eventually taking over as the lead contact for with Alta. Also starting in 2015, Opus has served as the project manager for the improvements included in the City of La Quinta’s multi-year North Landscape and Lighting District Renovation Plan. In his role as project manager, Opus has produced numerous turf removal and landscape redesign plans for various basins, streetscapes, parkways, and medians throughout La Quinta. Several of these projects include Rancho Ocotillo, Acacia, Del Oro, Quinterra, and Highlands. His experience overseeing long-term city-wide capital improvement projects has provided him with the knowledge necessary to maximize project efficiency and create a sense of design cohesion.

OPUS GARZA, ASSOCIATE

SENIOR DESIGNER / PROJECT MANAGER

EDUCATION
Cal Poly San Luis Obispo
B.S. Landscape Architecture
L&L Parkway and Median Improvements
La Quinta, CA
Miles Avenue Park
Indio, CA
Indio Sports Park
Indio, CA
Median Improvements
Indio, CA
Cahuilla Hills Park
Palm Desert , CA
Desert Willow Parking Lot
Palm Desert, CA
CVLINK
Coachella, CA
South Jackson Park
Indio, CA
X-Park
La Quinta, CA

REPRESENTATIVE PROJECTS
RESUME
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Chris Escobedo, Assistant City Manager
Veronica Chavez, Finance Director
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTION AND USE TAX – 5 YEAR

SPENDING PLAN AND PRIORITIES AND EXECUTE THE NECESSARY

AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION

OF A LOCAL TRANSACTIONS AND USE TAX
RECOMMENDATION:

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

PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTIONS AND USE TAX – 5 YEAR SPENDING PLAN AND

PRIORITIES AND EXECUTE THE NECESSARY AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.”

2. Authorize the City Manager to execute all documents necessary to effectuate the actions taken herewith and amend the terms of staffing as may be necessary from time to time to respond to immediate community needs.

BACKGROUND/ANALYSIS:

At the June 14, 2024, meeting, the City Council unanimously voted to adopt a resolution calling for the placement of a general tax measure on the ballot for the November 5, 2024, General Municipal Election. The ballot measure, identified as Measure G, proposed a one-cent general transaction and use tax (sales tax). At the time of this report, Measure G is ahead with 65.12% of the vote, with a minimum of 50% + 1 required for passage.

Alongside the tax measure, the City Council adopted a 5-year spending plan and priorities (Attachment 1), outlining to the community how the funds from Measure G would be spent. Staff now seeks authorization, through this resolution (Attachment 2), to begin implementing these priorities. Several essential services require additional revenue to maintain Palm Desert’s quality of life and safety, including:
 New fire services staffing,
 Fire Station 33 Renovation/Temporary Site,
 Fire Station 71 Renovation/Temporary Site,
 New police services staffing,
 Storm channel and retention basin improvements,
 City-wide facility and equipment replacement,
 New Public Works staffing,
 Library construction,
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City of Palm Desert
Measure G Five-Year Spending Plan Implementation

 North Sphere regional park, and
 Spending contingency/reserve replacement.

While priorities are projected over five years, some items are included in this implementation authorization due to the 12-18 months lead time required to achieve objectives.

New Fire Service Staffing
Authorize the City Manager to amend the Cooperative Agreement with the County of Riverside for Fire Protection, Fire Prevention, Rescue, and Medical Emergency Services. The City has completed design of Fire Station 102, its fourth fire station, and with Measure G anticipated to pass, staff will proceed with bidding for construction. The Cooperative Agreement amendment will add 12 new firefighters and extend the agreement term for station operations.

New Police Services Staffing
In Fiscal Year 2020/21, the City adjusted staffing levels to maximize non-sworn officer roles, initiated technology strategies to maintain safety levels, and more efficiently monitored crime trends. Since that time, 113 Automated License Plate Recognition (ALPR) cameras have been deployed citywide, a sworn business district officer was added, and a sworn school resource officer was restored. Over the past nine months, overtime and special enforcement programs have supplemented law enforcement presence. Crime trends support making these additions permanent, along with adding sworn staff in two phases to the City’s agreement to keep pace with calls for police service and response times. This will add six sworn officers to the Agreement for Law Enforcement Services with the County of Riverside, Riverside County Sheriff’s Department.

Phase 1 (Effective January 1, 2025)
 One Patrol Deputy (equivalent to 12 hours of additional police presence per day)  Two dedicated Motorcycle Enforcement officers and acquisition of two motorcycles Phase 2 (Effective July 1, 2025)
 Two Patrol Deputies (equivalent to 24 hours of additional presence per day)  One Special Enforcement Team officer
New Public Works Staffing
As the City grows, additional Public Works crews are required to maintain its infrastructure. Staff estimates three additional crew members would be needed for proactive service delivery. With growth in North Palm Desert—including new roadways, sidewalk, drainage, and park infrastructure—additional staffing or contracts will be required to maintain these assets.

The FY 2024-25 Annual Budget included additional funding for the changes above, contingent upon Measure G’s approval.

Going Forward
Staff will continue implementing the plan and provide regular updates to the City Council, Finance Committee, and the community to ensure oversight and transparency. 364
City of Palm Desert
Measure G Five-Year Spending Plan Implementation

Legal Review:

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

FINANCIAL IMPACT:

The anticipated financial impact aligns with priorities set in the approved Measure G Five-Year Spending Plan, as detailed below:

ATTACHMENT:

1. Resolution 2024-034, Five-Year Spending Plan

2. Draft Resolution
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RESOLUTION NO. 2024-034

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA EXPRESSING ITS INTENT TO PRIORITIZE

SPENDING OF TRANSACTIONS AND USE (SALES) TAX (TUT)

REVENUE FOR FIRE PREVENTION, PUBLIC SAFETY, PARKS,
LIBRARY, AND INFRASTRUCTURE PURPOSES.

WHEREAS, the City Council of the City of Palm Desert (“City”) is authorized to levy a Transactions and Use (Sales) Tax (TUT) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, Section 2 of the California Constitution (“Proposition 218”); and
WHEREAS, pursuant to California Elections Code Section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, based upon the above, on June 13, 2024, the City Council of the City of Palm Desert called a General Municipal Election to be held on November 5, 2024, for the purpose of submitting to the voters the question of whether to adopt an ordinance adding Chapter 3.26 to the Palm Desert Municipal Code, which would enact a one percent (1%) TUT until it is ended by voters; and
WHEREAS, pursuant to the proposed measure/ordinance, the TUT is a general tax enacted solely to raise revenue for the general governmental use of the City and all of the proceeds from the tax shall be placed in the City's general fund and used for the usual current expenses of the City; and
WHEREAS, the general fund pays for important City services such as police and public safety services, street and public right-of-way operations, maintenance and improvement, community center and recreation services, and other general municipal services to the public; and
WHEREAS, the City Council desires to adopt this resolution expressing this City Council’s intent, if the TUT measure is enacted by the voters, to commit to spend future TUT revenue for various purposes, with certain priorities for fire prevention, public safety, parks, library, and infrastructure purposes as outlined in the 5-Year Spending Plan and Priorities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
6(&7,21 1. Findings. The City Council finds that all of the preceding recitals are true and correct.
6(&7,21 2. Priorities for Spending TUT Revenue. The City Council hereby expresses its intent, if the TUT measure is enacted by the voters, to prioritize spending of future TUT revenue as outlined in the “5 Year Spending Plan and Priorities”, attached













 


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Resolution No. 2024-034 Page 2
hereto as Exhibit “A” and incorporated herein by reference. 6(&7,21 3. TUT Not Deemed a Special Tax. The adoption of this Resolution shall not be construed, and it is not the City Council’s intent, to convert the proposed TUT into a “special tax”, as that term is defined Article XIIIC §1(d) of the California Constitution, or California Government Code sections 53721 and 53724, or any combination thereof. Although this Resolution expresses the intent of the current City Council to prioritize spending future TUT revenues for certain purposes, the TUT shall remain a “general tax” as that term is defined in Article XIIIC §1(a) of the California Constitution and as set forth in the proposed TUT ordinance. In the event this Resolution is determined to convert the proposed TUT into a special tax, it shall be deemed void for all purposes.
6(&7,21 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

ADOPTED ON JUNE 13, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
APPROVED AS TO FORM:

ISRA SHAH

CITY ATTORNEY













 


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Resolution No. 2024-034 Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-034 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on June 13, 2024, by the following vote:

AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.

ANTHONY J. MEJIA

CITY CLERK













 




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Resolution No. 2024-034 Page 4

EXHIBIT “A”
5 Year Spending Plan and Priorities
[attached behind this page]













 


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PRIORITY - FIRE PREVENTION/EMERGENCY RESPONSE
Project #1: Fire Station 102 Construction and Staffing
The City has reallocated bond proceeds intended for lower priority projects to build Fire Station 102. Upon its opening, the Fire Services costs are estimated to increase $7.5M in the first year to operate the new staion and ladder truck. Additionally, Cal-Fire who provides the staffing for fire services in Palm Desert through the contract with the County of Riverside, has implemented new requirements that require additional staffing to accommodate the various changes including limiting the max number of hours each fire person is permitted to work. The associated costs immediately increase costs by an additional $3M annually beginning in 2025-26. Revenues associated with the growth in the North Sphere grow at a much slower pace and will not be able to support the increased staffing needs to maintain current emergency service levels. Funding from the tax measure could be used for these costs.

Project #2: Fire Station 33 Rehabilitation
Over a period of years, the City has transferred funds from the General Fund to reserve funds necessary to rehabilitate the 30+ year old Fire Station 33. Current estimates are at $6M. Costs to house the staff during rehabilitation have not been included in the budget. Funding from the Tax could be used to pay these costs, while not limiting service to the community or risking the safety of the staff during that time.

Project #3: Fire Station 71 Reconstruction
Over a period of years, the City has transferred funds from the General Fund to reserve funds necessary to rehabilitate the 30+ year old Fire Station 71. Current estimates are at $7M. Costs to house the staff during rehabilitation have not been included in the budget. Funding from the Tax could be used to pay these costs, while not limiting service to the community or risking the safety of the staff during that time.

PRIORITY - PUBLIC SAFETY
Project #1: Increase Public Safety Patrol Staffing (3)
The Public Safety Committee has identified additional patrols in the City as a priority to address traffic issues and rising crime rates. The cost for 3 additional police officers is $1.3M in FY 2024-25. Overall public safety costs typically increase at approximately 3-5% annually. As the City continues to grow, we anticipate the need for an additional 3 police officers inYear 4 of the plan.

PRIORITY - INFRASTRUCTURE REPAIR AND EQUIPMENT REPLACEMENT Project #1: North Sphere Flood Control Infrastructure and Emergency Plan As a result of Tropical Storm Hilary, City staff has analyzed ways to address those areas of the City that were adversely impacted. The North Sphere was impacted by flooding, silt, and debris that moved eastward from the Morongo basin. The $6M in cleanup costs were covered by City emergency reserve funds. Staff hopes to recover approximately $3-4M of those costs through insurance and FEMA claims. However, maintaining and improving infrastructure, expanding retention basin areas, and ensuring the city's storm water infrastructure network is properly maintained and improved will be paramount to managing long-term impacts for residents.

Project #2: North Sphere Public Works Staffing (3)
As the City continues to grow, additional public works crews are required to maintain the city's infrastructure network . Staff estimates the cost for 3 additional crew members to be roughly $360,000 in 2024-25 dollars. The growth in north PD including new roadways, sidewalk, drainage and park infrastructure and additional staffing or contracts will be required to maintain new assets. The tax could pay for these costs.

PALM DESERT TRANSACTION AND USE TAX - 5 YEAR SPENDING PLAN AND PRIORITIES 












 


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PRIORITY - PARKS, RECREATION, AND LIBRARY EXPANSION
Project #1: Palm Desert Library Construction and Staffing The City has reallocated bond proceeds intended for lower priority projects to help build the Palm Desert Municipal Library. Costs are currently estimated at $30M for construction. There currently is approximately $20M in proceeds available, with the remaining $10M requiring the use of reserves and/or funding from another source such as the sales tax.

Project #2: North Sphere Regional Park and Staffing
A small portion of the costs for the construction of the North Palm Desert Regional Park is currently covered by bond proceeds. However, the majority of the $20M estimated costs would be paid through the use of reserve funds, or funding from another source, such as the sales tax to complete construction. Depending on the ultimate design and use of the park facilities, additional staffing will be required, which could be paid from the sales tax funding.

PRIORITY - FINANCIAL RESERVES
Project #1: Replenishment of Emergency and Operation Reserves The City may be required to use reserve funds to pay for numerous facility maintenance and capital improvement costs over the next 5 years. Additionally, planning and preparing for natural disasters, by reserving for emergencies is important, as evidenced by the swift response to Tropical Storm Hilary. Palm Desert's ability to recover from such events is necessary to support community resilliency. Sales tax revenue would be allocated to replenish the reductions to reserve in accordance with the reserve policy. This standard supports the City's conintued effort to maintain fiscal responsibility and not having to rely on debt financing. 












 


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Category FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Total 5-Yr Plan 1 cent sales tax 25,164,510 25,869,116 26,515,844 27,311,320 104,860,790 Current Planned Costs
New Fire Services Staffing Public Safety 900,000 10,657,440 10,971,472 11,232,818 11,496,338 45,258,067 Fire Station 33 Renovation/Temp Site Public Safety 1,200,000 1,200,000 Fire Station 71 Renovation/Temp Site Public Safety 1,200,000 1,200,000 New Police Services Staffing Public Safety 1,300,000 1,352,000 1,406,080 2,812,160 2,924,646 9,794,886 Storm Channel and Retention Basin Imps Infrastructure/H&S 5,508,000 8,000,000 5,000,000 18,508,000 City-Wide Facility and Equipment Replacement Infrastructure/H&S 8,397,001 9,944,665 7,798,734 12,865,305 9,264,802 48,270,506 New Public Works Staffing Public Works 360,000 370,800 381,924 786,763 810,366 2,709,854 Library Construction ($20M Pd from Bonds) Community Amenity 10,000,000 10,000,000 North Sphere Regional Park Community Amenity 15,000,000 15,000,000 30,000,000 Spending Contingency/Reserve Replenishment Fiscal Discipline/Responsibility 2,815,167 2,815,167 Total Planned Costs 16,465,001 32,724,905 40,558,210 52,697,046 27,311,319 169,756,480 Additional Amount needed from Reserve or Other Source (16,465,001) (7,560,395) (14,689,094) (26,181,202) 0 (64,895,690) *Annual allocations are subject to City Council approval through the annual budget process. Spending will be audited annually.** Priority 1 costs will be implemented upon TUT (Sales Tax) Measure approval and Priority 2 costs will follow in years 2-5 PALM DESERT TRANSACTION AND USE TAX (TUT) - 5 YEAR SPENDING PLAN AND PRIORITIES Prioirity 1** Prioirity 2
***Annual allocations subject to City Council approval of Annual Budget 












 


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RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

IMPLEMENT THE PALM DESERT TRANSACTIONS AND USE
TAX – 5 YEAR SPENDING PLAN AND PRIORITIES AND

EXECUTE THE NECESSARY AGREEMENTS FOR THE

ADMINISTRATION AND IMPLEMENTATION OF A LOCAL

TRANSACTIONS AND USE TAX
WHEREAS, on November 5, 2024, the residents of the City of Palm Desert approved Measure G, amending the Palm Desert Municipal Code to provide for a local transactions and use tax; and
WHEREAS, in connection with the submission of the ballot measure, on June 13, 2024, the City Council adopted Resolution No. 2024-034, a resolution establishing the priorities for spending the transactions and use tax revenue and adopting a 5-year spending plan; and
WHEREAS, the California Department of Tax and Fee Administration (the “Department”) administers and collects transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will administer and collect the transactions and use tax for the City of Palm Desert; and
WHEREAS, to effectuate the approval of the tax and implement the spending plan, it is necessary to enter into agreements with the Department; and WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to the implementation of the tax, and WHEREAS, the Department will provide these agreements upon election certification and requires City Council approval of the agreements; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. Incorporation of Recitals. The City Council finds and determines that the recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

SECTION 2. Administration and Implementation of a Local Transactions and Use Tax. The City Council authorizes the City Manager to execute each agreement and any other documents necessary to implement the tax and approved spending plan. 375
SECTION 3. Approval of Staffing Additions. The City Council hereby approves the addition of staffing identified in the spending plan and authorizes the City Manager to execute all documents necessary to effectuate the actions taken herein. The City Manager is further authorized to amend staffing terms as needed to respond to immediate community needs.
 New Fire Service Staffing: Addition of twelve (12) new firefighters and extension of the Cooperative Agreement with the County of Riverside for the operation of Fire Station 102
 New Police Services Staffing: Addition of six (6) sworn officers, hired in two phases.  New Public Works Staffing: Addition of three (3) Public Works crew members to maintain the City’s infrastructure network and support continued growth.

ADOPTED ON ________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

ANTHONY J. MEJIA

CITY CLERK
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