Agenda packet, regular meeting — Palm Desert City Council, December 12, 2024 (part 4 of 4)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 12, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
SUBJECT: AUTHORIZE AN AMENDMENT TO CONTRACT NO. C46680 WITH INTERWEST CONSULTING GROUP, INC., INCREASING THE
CONTRACT BY $45,090 AND EXTENDING THE CONTRACT TERM
THROUGH DECEMBER 31, 2025
RECOMMENDATION:

1. Authorize an amendment to Contract No. C46680 with Interwest Consulting Group, Inc., increasing the contract amount by $45,090 for additional community outreach meetings and analysis, bringing the total not-to-exceed amount to $309,970, and extending the contract term through December 31, 2025.

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

3. Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests pursuant to Section 3.30.170 of the Palm Desert Municipal Code.

BACKGROUND/ANALYSIS:

The Palm Desert University Neighborhood Specific Plan (“UNSP”) was adopted in November 2016 and established comprehensive standards for land use planning and zoning for approximately 400 acres adjacent to the university campuses. Approximately 170 acres (of the 400 acres) remain with no entitlements and are owned by the Successor Agency to the Palm Desert Redevelopment Agency (SARDA).

On November 16, 2023, the City Council awarded Contract No. C46680 to Interwest Consulting Group in the amount of $264,880 to update the Palm Desert UNSP and facilitate the planning and development concepts of the remaining 170 acres to implement the City’s goals (a regional park, community facilities, and residential and commercial uses including a minimum of 220 affordable housing units per the 6th cycle of the Housing Element). The original term of the contract is set to expire on December 31st, 2024.

In early 2024, the consultant prepared two (2) draft land uses concepts showing alternative placements of a regional sports park, as well as residential and commercial land uses to present to the community for feedback. During the community outreach conducted for the Palm Desert UNSP Amendment in March 2024, the California State University (CSU) San Bernardino learned of the City’s intention to develop a regional sports park and approached the City to explore options of locating a joint-use public regional sports park within vacant areas of the CSU San Bernardino Palm Desert Campus, which is generally located east of Cook Street outside of the boundaries of the UNSP. This discussion was unexpected in the timeline of the original UNSP update and required an extended project timeline while staff entertained discussions for a regional sports park site on the CSU San Bernardino Palm Desert campus area. 581
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Contract No. C46680 Amendment No. 1 – Palm Desert UNSP Amendment

Page 2 of 2 ends

The amendment to the contract includes additional community meetings to consider potential modifications to the preferred land use plan which may occur because of City discussions with the CSU Campus and study sessions with the City Council within the project scope of work to evaluate the preferred land use plan for the 170-acre site within the UNSP. The proposed amended scope of work will require a 17% increase of $45,090 above the original contract amount.

Staff requests for approval of Amendment No. 1 of the contract to extend the contract term to December 31st, 2025, in order to complete the remaining and added tasks to update the UNSP which will include:

1. Identification of a preferred land use for the vacant 170-acres including a 30-to-40 regional park, or a reduced size park, pending future City Council direction on an alternative park site at the CSU San Bernardino Palm Desert site, and community input.

2. Study Sessions with the City Council.

3. Environmental analysis for the UNSP amendment

4. Adoption of the UNSP Amendment and environmental analysis.

Legal Review:

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

FINANCIAL IMPACT:

The proposed amendment will require an increase of $45,090 budgeted for the project. Funds are available in Community Development Professional Services Account No. 1104470-4300500.

Description Account Amount
C46880 – Interwest Consulting Group UNSP 1104470-4300500 264,880 C46880 - Amendment No. 1 11044704300500 45,090
Total Contract Amount 309,970
ATTACHMENTS:

1. Proposed Amendment No. 1 for Contract No. C46680.

2. Original Executed Contract No. C46680
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Contract No. C46680

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 16th day of November, 2023, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California (“ City”) and INTERWEST CONSULTING GROUP, INC, a CORPORATION, with its principal place of business at 1500 S Haven Ave, Suite 220 Ontario, CA 91761 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Project.

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

Professional Planning Services for Updating the University Neighborhood Specific Plan UNSP), Project 2023-RFP-203
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 16, 2023, to DECEMBER 31, 2024, unless earlier terminated as provided herein. Consultant 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 DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 583
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Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

The key personnel for performance of this Agreement are as follows: RICHARD SMEATON, AICP, PRINCIPAL- IN-CHARGE and NICK PERGAKES, AICP, PROJECT MANAGER.

3.2.5 City's Representative. The City hereby designates RICHARD CANNONE, DEVELOPMENT SERVICES DIRECTOR, or his 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 RICHARD SMEATON, AICP, PRINCIPAL-IN-CHARGE and NICK PERGAKES, AICP, PROJECT MANAGER, or his 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 DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 584
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standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant' s failure to comply with the standard of care provided herein. Any employee of the Consultant or its 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 DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 585
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shall be grounds for the City to terminate the Agreement for cause.

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, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 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 DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 586
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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.

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

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. 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 589
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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. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED EIGHTY DOLLARS 264,880) without written approval of the City Council or City Manager, as applicable.

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

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

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

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

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. If the Services are being performed as part of an applicable " public works" or maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant' s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 590
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sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/ DIR Compliance. If the Services are being performed on a public works project of over $ 25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $ 15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771. 1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“ DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’ s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’ s performance of Services, including any delay, shall be Consultant’ s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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Contract No. C46680

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: Interwest Consulting Group, Inc,
1500 S Haven Ave, Suite 220
Ontario, CA 91761
ATTN: Richard Smeaton, AICP, Principal-In-Charge
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Richard D. Cannone, AICP, Development Services
Director
Such notice shall be deemed made when personally delivered or when mailed, forty- eight ( 48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (" Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 592
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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. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City ownership of pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto.

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. Consultant shall have no liability arising from the use of any Documents & Data for any purpose or on any project other than that for which it was produced.

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 DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 593
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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 and selected from Consultant' s insurance carrier's panel counsel), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all third party 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, to the extent arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’ s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’ s fees and other related costs and expenses except such loss or damage caused by the sole or active 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. Notwithstanding any provision of law to the contrary, Consultant shall have the right to control the defense and settlement of any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any indemnitee without that indemnitee’ s approval. Consultant’ s obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.

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 DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 594
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limited to claims to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon agreement of parties or 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 shall not be unreasonably delayed or withheld.. 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 work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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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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Contract No. C46680

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND INTERWEST CONSULTING GROUP, INC.

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

CITY OF PALM DESERT
By:

L. TODD HILEMAN

CITY MANAGER
ATTEST:

By:

ANTHONY J. MEJIA

CITY CLERK
APPROVED AS TO FORM:

By:

BEST BEST & KRIEGER LLP

CITY ATTORNEY
INTERWEST CONSULTING GROUP, INC.

By:______________________________________

PAUL MESCHINO

PRESIDENT
By:______________________________________

DAVID KNIFF

ASSISTANT SECRETARY
MN
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Exhibit “ A”
EXHIBIT "A"

Consistency with General Plan Land Use and Circulation Element or consider making the Specific Plan the effective land use document over the project area.

Engage and inform the public and existing Plan area residents about transit- oriented design concepts, potential updated development standards and the UNSP update process generally through a comprehensive community involvement strategy. This strategy shall gather significant resident input from a variety of Palm Desert residents and incorporate this input into the UNSP Update policies and design guidelines.

Revise the land use plan and policy framework to transition from significant commercial use requirements to increased housing density and development, while also allowing other neighborhood supportive uses such as retail and office mixed- use throughout the Plan area.

Improvement of motorized, non-motorized, and transit connectivity between the Plan Area, and existing and future commercial and residential areas ( and circulation infrastructure) in and adjacent to Palm Desert city boundaries ( as feasible).

Development and implementation of objective urban design standards which promote walkable and livable environments, compatible with the surrounding and existing development within the Plan area.

Develop subdivision standards that promote walkable environments and incorporate policies of the General Plan.

Prepare any necessary addenda or supplements to complete the CEQA impact analysis, building on the adopted Environmental Impact Report, as appropriate.

Assemble and review existing information and data.

Develop new information and data to support the update.

Present background information and data, either within the plan document, or as a separate compendium. The consultant’ s recommendation on the most effective approach is requested. All information should be made available in electronic format suitable for display on the City’s web site.

Prepare all text, illustrations and maps contained in the Amendment. Provide administrative draft( s) for internal City review, a screen check draft, a public review draft, and final documents reflecting all modifications directed by the City. Provide documents in sufficient quantity for review by City officials, property owners and for public DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 598
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Exhibit “ A”
circulation, and provide all materials in an electronic format suitable for publication on the City’s website.

TASK 1: PROJECT KICK-OFF
The consultant( s) and City staff will meet to review and finalize the work scope and project schedule. The meeting will include a discussion of project goals, opportunities and constraints, provision of relevant background information and documents for the existing conditions analysis, arrangement of informational meetings with relevant city staff members, development of the community engagement strategy, and project management.

Deliverables:

1.1: Project kick-off meeting with City staff

1.2: Memorandum summarizing the meeting ( Word and PDF format) TASK 2: COMMUNITY ENGAGEMENT STRATEGY AND OUTREACH
The City is seeking to engage community participation in the UNSP update process. City staff and the consultant( s) will develop a community engagement strategy that will focus on outreach to, and inclusion of key stakeholders including residents, business owners, and property owners. The strategy must include various forms of engagement to increase levels of community participation.

One open house/ community workshop must be held as part of this Task. The purpose of the meetings is to understand the community’ s vision, with a focus on new residential communities in the UNSP area, recognize attitudes surrounding what land uses and development intensity should be included in the plan, and to solicit input on opportunities, constraints, and potential changes for the area.

The consultant will be responsible for utilizing tools and developing a process to understand community preferences within the project area. Use of photo simulations and development prototypes to help identify preferences should be employed, as well as community asset mapping, allowing the community to identify concepts for improving/ transforming the area. The community input will assist in guiding the development of the two land use alternatives. The consultant will lead these meetings, present plan area existing conditions and opportunities, and receive feedback from community members regarding information presented.

Webpage
The consultant will develop content and provide background and meeting information, reports and maps related to the project for a project specific webpage. The project webpage will be part of the City’ s website ( rather than a separate, outside website linked to the City’s). City staff will post information and keep the site current, with updated content provided by consulting staff.

Deliverables:

2.1: Community Engagement Strategy, includes components as described above

2.2: Visualization tools, including renderings and visual simulations ( physical and electronic format)
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2.3: Project webpage content and materials

2.4: Community Meeting ( including agenda, attendance, meeting materials)

2.5: Summary of Community Meeting

2.6: Potential supplementary meetings with City Staff and relevant stakeholders TASK 3: OPPORTUNITY SITE ANALYSIS AND ALTERNATIVE LAND USE ANALYSIS Following the initial meetings and outreach, the consultant shall develop the land use alternatives. The scenarios should be developed to support bus transit as well as to facilitate pedestrian and bicycle access. Alternatives should promote development of healthy, walkable neighborhoods and enhance opportunities for residents to easily access services and facilities throughout the Plan area and beyond. Changes to development standards or incorporation of form- based code may be considered. The alternatives should consider information prepared through the planning process and from the community outreach.

Commercial, office, residential, open space, and mixed-use land uses should be thoughtfully and strategically placed to maximize community connectivity and create a level of synergy between adjacent single- family residential neighborhoods. The alternatives should consider information generated through previous analysis, community outreach, and TAC feedback.

Each alternative must address:

A mix of housing units that aligns with the City’ s RHNA and Housing Element.

Distribution and evaluation of proposed new uses, including affordable residential units by type and non-residential square footage by type and a planned regional park.

Roadway design alternatives to support the proposed uses and circulation, including sidewalk width, public amenities/ furniture, on-street parking and curb management, including placemaking concepts.

A transportation analysis shall be prepared for each alternative comparing how each addresses connectivity to services, schools, jobs, and transit.

The chosen alternative will include an intersection Level of Service ( LOS) and Vehicle Miles Travelled ( VMT) analysis for Palm Desert General Plan consistency purposes and impact analysis under CEQA.

A report and maps describing and analyzing the alternatives will be prepared to quantify development potential in terms of housing units, non-residential floor area, population, and employment. Projected population and jobs for each alternative shall be included.

Presentation of Land Use and Circulation Alternatives:

The consultant will present the alternatives to the staff for review, feedback, and possible refinement prior to presentation at a public meeting. At that meeting, the consultant shall utilize interactive techniques to understand participants’ preferences. This may result in a clear preference for one alternative or in a hybrid concept which combines components of each.

Based upon input received, the consultant shall develop a preferred land use and circulation alternative which will serve as the basis for the Specific Plan Update. This Plan will be presented to staff, and refinements will be made to the preferred alternative prior to its presentation to the Planning Commission and/or City Council. Input received at this meeting will DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 600
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Exhibit “ A”
be used to refine the alternative and develop the preferred alternative.

Deliverables:

3.1: Display graphics illustrating the alternative land use and circulation plans with additional sketches, visual simulations, elevations, and street sections needed to convey each alternative

3.2: Land Use and Circulation Alternatives Report

3.3: Quantified development potential and traffic analysis for preferred alternative ( meeting CEQA requirements)

3.4: Community Meeting notice/agenda

3.5: Community Meeting, including attendance and facilitation, and all necessary meeting materials

3.6: Community Meeting summary
TASK 4: PREFERRED LAND USE ALTERNATIVE
Based on input received at community/ committee meetings, as well as input received from other methods of community outreach, the consultant( s), in consultation with City staff, will develop a preferred land use alternative which will serve as a basis for the draft Specific Plan update. The preferred alternative will be presented to staff for review and feedback. The community will also be asked to respond to the preferred plan. Input received will be used to refine the alternative and develop the draft Specific Plan update.

Deliverables:

4.1: Preferred land use plan visuals, including sketches and elevations

4.2: Preferred land use plan report, including quantified development potentials

4.3: Planning Commission and Architectural Review Commission Joint Public Workshop, including attendance and facilitation, and all necessary meeting materials

4.4: Meeting 3 summary
TASK 5: INFRASTRUCTURE DEVELOPMENT AND SERVICE PLAN
Working with the staff, the consultant shall prepare a conceptual Infrastructure Development and Services Plan to determine infrastructure needed to support land uses and improvements identified in the preferred alternative, adequate to meet the needs of CEQA. The analysis shall describe infrastructure conditions and improvements needed to support the plan in terms of water, wastewater, storm drainage ( including low impact development), electricity, gas, cable, telephone service, internet/ fiber, transportation, greenways, and parks. Distinction shall be made between improvements needed for existing versus future development so future costs can be appropriately attributed. In addition, increased demand for public services such as transit, schools, police, and fire required to serve the Plan area should be identified. The Plan shall:

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Analyze and summarize existing and needed service capacities.

Assess the services envisioned in the UNSP area and those that would be needed with the preferred alternative.

Provide descriptions of needed public improvements, including street improvements to City standard, upsizing of water and wastewater mains and storm drains, undergrounding utilities, and development costs.

Provide descriptions of needed improvements associated with private utilities, such as natural gas, electric, phone, cable, and internet connectivity.

Provide descriptions of any changes required to public services and facilities.

Provide general cost estimates and phasing recommendations for needed improvements and service systems within the UNSP area.

Deliverables:

5.1: Infrastructure Development and Services Report
TASK 6: DRAFT UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN UPDATE The consultant shall prepare a draft updated Specific Plan in compliance with state law. The updated Specific Plan will serve as the City’s long range, comprehensive land use, circulation, and implementation plan for guiding development within the Plan boundary. The Specific Plan shall contain the following components:

Planning Process. Description of the process to develop the Plan and the role the public played in creating the Plan.

Land Use/Housing. Description of land use designations, including number of units, potential square footage of mixed use and or neighborhood serving retail development, and employment generating land uses. Population and job projections shall be included.

Changes to development standards or implementation of form-based code must be considered.

Transportation. Description of circulation for motor vehicles, transit, bicycles, and pedestrians. New streets, paired one-way streets, paths, and connections shall be included. Policies regarding complete streets and the circulation element of the General Plan shall also be included.

Public Services. Includes information about services and infrastructure needed to implement the updated Plan. This should include specific policies regarding utilities, public safety, parks.

Access and Connectivity Plan. Addresses access to and through the Plan area with specific focus on connecting housing, commercial, and retail with the Plan area to existing neighborhoods by all transportation modes including walking, bicycling, driving, and transit.

Implementation and Financing Plan. Identifies actions and strategies for Plan implementation, including a rough budget estimate. Include infrastructure improvements needed for Plan implementation.

An administrative draft Specific Plan shall be prepared for review by City staff. Comments received shall be incorporated into the public review draft Specific Plan. The draft Specific Plan Update shall then be presented to the Planning Commission at a public workshop then to City Council at a Study Session to present the final draft and accept any remaining comments and requested changes.

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Exhibit “ A”
Deliverables:

6.1: Administrative Draft Specific Plan

6.2: Public Review Draft Specific Plan

6.3: Planning Commission Workshop, including attendance and facilitation, and all necessary meeting materials

6.4: Workshop Summary

6.5: City Council Study Session, including attendance and facilitation, and all necessary meeting materials

6.6: City Council Study Session summary
TASK 7: GENERAL PLAN AND ZONING AMENDMENTS
Consultant( s) and City staff will evaluate properties within the project boundaries to determine which sites would need General Plan land use amendments and UNSP rezoning based on the preferred alternative developed in Task 5.

Deliverables:

7.1: List of properties, and associated maps, requiring General Plan land use designation amendments, and to what designation they will be amended ( maps must be compatible with ESRI Geographic Information Systems)

7.2: List of General Plan text amendments

7.3: List of properties, and associated maps, requiring UNSP rezoning, and to what designation they will be amended ( maps must be compatible with ESRI Geographic Information Systems)

7.4: List of Zoning Code text amendments
TASK 8: ENVIRONMENTAL ANALYSIS
The project consultant must prepare an Initial Study which will analyze the broad- scale environmental impacts of the updated Specific Plan. Additionally, Consultant( s) will be responsible for the preparation of a Negative Declaration, Mitigated Declaration, or Environmental impact Report ( EIR) Or Addendum as determined by the Initial Study. Additional deliverables associated with this Task are dependent on the findings from the Initial Study and should be included as an optional item in proposal.

Consultant must review the adopted and certified UNSP Environmental Impact Report ( EIR) and determine the appropriate process for conducting the UNSP update, in a manner consistent with the provisions of the California Environmental Quality Act (CEQA). The consultant shall also prepare responses to comments received during the public review period, a mitigation monitoring and reporting program, and statement of overriding considerations, as necessary. At a minimum, the environmental analysis shall evaluate all necessary environmental factors and shall considered the following areas:

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Land Use Consistency and Compatibility. The analysis will describe existing land use and development patterns and evaluate the proposed project’s consistency with adopted City plans and policies.

Population, Housing and Employment. The environmental analysis will analyze projected population, housing and employment impacts of the draft Specific Plan update.

Transportation and Circulation. The environmental analysis will define and establish both the Transit Priority Area( s) within the Plan area and Vehicle Miles Traveled ( VMT) standards as recommended by the Governor’ s Office of Planning and Research for residential, office and retail development and in accordance with City adopted guidelines. The analysis will further analyze VMT per capita associated with the proposed land uses within the Plan area. The analysis shall also evaluate the Level of Service ( LOS) impacts of the amendment.

Air Quality. The environmental analysis will address the project’ s impact on air pollutants and their precursors as well as localized carbon monoxide impacts utilizing the appropriate air quality modeling tools. The analysis will address both operational, including vehicular emissions ( long term), and construction level ( short term) impacts on local and regional air quality.

Energy/ Climate Change. Changes in energy consumption anticipated through implementation of the draft Specific Plan update shall be analyzed. Greenhouse gas emissions anticipated from the project shall be included. The environmental analysis shall analyze how development anticipated by the Specific Plan will be affected by climate change and how implementation of the Plan will affect climate change. While analysis of this topic is evolving, this environmental analysis should include the most current thinking and practice regarding impacts of greenhouse gas emissions.

Water Usage. Evaluate if a water supply verification/ water supply assessment is required based on any potential increases in total dwelling units or employment.

Cultural Resources. Evaluate cultural and tribal resources within the specific plan area and coordinate required tribal consultation pursuant to SB 18, and/or AB 52.

In addition, the environmental analysis shall include discussion of growth inducing and cumulative impacts, and significant, unavoidable impacts, if any and as needed.

If required, pursuant to CEQA, the consultant will facilitate a scoping meeting and a public hearing on the environmental analysis at the Planning Commission. The consultant shall prepare responses to comments received during the public review period and at the public hearing on the environmental analysis. The consultant shall coordinate the printing of all final environmental documents.

Deliverables:

8.1: Initial Study and any appendices ( Word & PDF)

8.2: Notice of Preparation/ Scoping Meeting ( Word & PDF format)

8.3: Public scoping meeting for environmental analysis preparation

8.4: Administrative draft environmental analysis, ( Word and PDF format)

8.5: Draft environmental analysis, ( Word and PDF format)

8.6: Final environmental analysis, including draft environmental analysis and response to comments ( Word & PDF format)
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TASK 9: PRESENTATION AND ADOPTION OF DRAFT UNSP AND ENVIRONMENTAL

ANALYSIS
The consultant, in collaboration with City staff, will prepare the Planning Commission and City Council packet materials, including the staff report, PowerPoint presentation, resolutions and ordinances, and present the draft Specific Plan update, and any necessary environmental analysis, at public hearings before the Commission and Council. The consultant shall make any final revisions to the Specific Plan and environmental analysis based on changes adopted by the City Council.

Deliverables:

9.1: Planning Commission staff report and PowerPoint presentation

9.2: Presentation of draft UNSP update at Planning Commission public hearing

9.3: City Council staff report and PowerPoint presentation

9.4: Presentation of draft UNSP update at up to two (2) City Council public hearings

9.5: Adopted Specific Plan, electronic copy in Word and PDF format (graphics/ maps shall be prepared in a graphics file in a format that is editable by the City).

DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 605
Contract No. ____________
Exhibit “ B”
EXHIBIT "B"

SCHEDULE OF SERVICES
The term of this Agreement shall be from NOVEMBER 16, 2023, to DECEMBER 31, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

SEE ATTACHED PROPOSAL
DocuSign Envelope ID: 67B44BE5- 9E8A-45F0-B937-805BE2401DC3 606
Contract No. ____________
Exhibit “ C”
EXHIBIT "C"

COMPENSATION

SEE ATTACHED COST PROPOSAL
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AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT, C44860 BETWEEN THE CITY OF PALM DESERT AND INTERWEST CONSULTING GROUP, INC.,

1. Parties and Date.

This Amendment No. 1 to the Professional Services Agreement, C44860, is made and entered into as of this 12th day of DECEMBER, 2024, by and between the City of Palm Desert (“City”) and INTERWEST CONSULTING GROUP, INC., a Corporation, with its principal place of business at 1500 S Haven Ave, Suite 220 Ontario, CA 91761 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.A Agreement. The City and INTERWEST CONSULTING GROUP, INC., have entered into an agreement entitled “Professional Services Agreement, C44860 ” dated November 16, 2023 (“Agreement” or “Contract”) for the purpose of retaining the services of INTERWEST CONSULTING GROUP, INC., a Corporation to provide Professional Planning Services for Updating the University Neighborhood Specific Plan (UNSP), Project 2023- RFP-203

2.B Amendment. The City and INTERWEST CONSULTING GROUP, INC., desire to amend the Agreement to Extend the Terms of the Agreement, Revise the Scope of Services, and increase compensation.

2.C Amendment Authority. This Amendment No. 1 is authorized pursuant to Section

3.6.14 of the Agreement.

3. Terms.

3.A Section 3.1.2 Term of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement shall be from NOVEMBER 16, 2023, to DECEMBER 31, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than ONE additional one-year term.

Consultant shall complete the Services within the term of this agreement and shall meet any other established schedules and deadlines.

3.B Section 3.3.1 Compensation of the Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C-1" attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED AND NINE THOUSAND NINE HUNDRED SEVENTY DOLLARS ($309,970) without written approval of the City Council or City Manager, as applicable.

3.C Exhibit A is hereby deleted in its entirety and replaced with Exhibit A-1 attached hereto and incorporated herein by reference.

3.D Exhibit B is hereby deleted in its entirety and replaced with Exhibit B-1 attached hereto and incorporated herein by reference.

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3.E Exhibit C is hereby deleted in its entirety and replaced with Exhibit C-1 attached hereto and incorporated herein by reference.

3.F Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.G Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1

3.H Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.I Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO Professional Planning Services for Updating the University Neighborhood Specific Plan (UNSP), Project 2023-RFP-203, Contract No. C44860 BETWEEN THE CITY OF PALM DESERT
AND INTERWEST CONSULTING GROUP, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Professional Planning Services for Updating the University Neighborhood Specific Plan (UNSP), Project 2023-RFP-203, Contract No. C44860 as of the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
INTERWEST CONSULTING GROUP, INC. A

CORPORATION
By:

Paul Meschino
President
By:

David Kniff
Assistant Secretary
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A-1”

SCOPE OF SERVICES
Project Objectives
This planning effort will focus on evaluating existing and potential land uses; analyzing circulation and infrastructure conditions; and developing land use regulations, implementation strategies and objective design guidelines to encourage appropriately scaled development within the project area. The primary objectives to be achieved through the UNSP update are:
• Consistency with General Plan Land Use and Circulation Element or consider making the Specific Plan the effective land use document over the project area. • Engage and inform the public and existing Plan area residents about transit-oriented design concepts, potential updated development standards and the UNSP update process generally through a comprehensive community involvement strategy. This strategy shall gather significant resident input from a variety of Palm Desert residents and incorporate this input into the UNSP Update policies and design guidelines. • Revise the land use plan and policy framework to transition from significant commercial use requirements to increased housing density and development, while also allowing other neighborhood supportive uses such as retail and office mixed-use throughout the Plan area.
• Improvement of motorized, non-motorized, and transit connectivity between the Plan Area, and existing and future commercial and residential areas (and circulation infrastructure) in and adjacent to Palm Desert city boundaries (as feasible). • Development and implementation of objective urban design standards which promote walkable and livable environments, compatible with the surrounding and existing development within the Plan area.
• Develop subdivision standards that promote walkable environments and incorporate policies of the General Plan.
• Prepare any necessary addenda or supplements to complete the CEQA impact analysis, building on the adopted Environmental Impact Report, as appropriate.

GENERAL
The consultant shall prepare amendments to the UNSP in accordance with Government Code Section 65450 et. seq. The proposal should address all studies, activities, and disciplines necessary to complete the amendment. Consultant responsibilities are those listed below which are not exhaustive. The City encourages innovation in concept, design and implementation. It is not intended that the plan include construction level engineering and design; however, the work must be of adequate detail to evaluate needs, capacity, and cost. • Assemble and review existing information and data.
• Develop new information and data to support the update. • Present background information and data, either within the plan document, or as a separate compendium. The consultant’s recommendation on the most effective approach is requested. All information should be made available in electronic format suitable for display on the City’s web site.
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• Prepare all text, illustrations and maps contained in the Amendment. Provide administrative draft(s) for internal City review, a screen check draft, a public review draft, and final documents reflecting all modifications directed by the City. Provide documents in sufficient quantity for review by City officials, property owners and for public circulation, and provide all materials in an electronic format suitable for publication on the City’s website.

TASK 1: PROJECT KICK-OFF
The consultant(s) and City staff will meet to review and finalize the work scope and project schedule. The meeting will include a discussion of project goals, opportunities and constraints, provision of relevant background information and documents for the existing conditions analysis, arrangement of informational meetings with relevant city staff members, development of the community engagement strategy, and project management.

Deliverables:

1.1 : Project kick-off meeting with City staff

1.2 : Memorandum summarizing the meeting (Word and PDF format) TASK 2: COMMUNITY ENGAGEMENT STRATEGY AND OUTREACH
The City is seeking to engage community participation in the UNSP update process. City staff and the consultant(s) will develop a community engagement strategy that will focus on outreach to, and inclusion of key stakeholders including residents, business owners, and property owners.

The strategy must include various forms of engagement to increase levels of community participation.

One open house/community workshop must be held as part of this Task. The purpose of the meetings is to understand the community’s vision, with a focus on new residential communities in the UNSP area, recognize attitudes surrounding what land uses and development intensity should be included in the plan, and to solicit input on opportunities, constraints, and potential changes for the area.

The consultant will be responsible for utilizing tools and developing a process to understand community preferences within the project area. Use of photo simulations and development prototypes to help identify preferences should be employed, as well as community asset mapping, allowing the community to identify concepts for improving/transforming the area. The community input will assist in guiding the development of the two land use alternatives. The consultant will lead these meetings, present plan area existing conditions and opportunities, and receive feedback from community members regarding information presented.

Webpage
The consultant will develop content and provide background and meeting information, reports and maps related to the project for a project specific webpage. The project webpage will be part of the City’s website (rather than a separate, outside website linked to the City’s). City staff will post information and keep the site current, with updated content provided by consulting staff.

Deliverables:

2.1: Community Engagement Strategy, including components as described above 641
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2.2: Visualization tools, including renderings and visual simulations (physical and electronic format)

2.3 : Project webpage content and materials

2.4 : Community Meeting #1 (including agenda, attendance, meeting materials)

2.5 : Summary of Community Meeting #1

The scenarios should be developed to support bus transit as well as to facilitate pedestrian and bicycle access. Alternatives should promote development of healthy, walkable neighborhoods and enhance opportunities for residents to easily access services and facilities throughout the Plan area and beyond. Changes to development standards or incorporation of form-based code may be considered. The alternatives should consider information prepared through the planning process and from the community outreach.

Commercial, office, residential, open space, and mixed-use land uses should be thoughtfully and strategically placed to maximize community connectivity and create a level of synergy between adjacent single-family residential neighborhoods. The alternatives should consider information generated through previous analysis, and community outreach.

Each alternative must address:
• A mix of housing units that aligns with the City’s RHNA and Housing Element. • Distribution and evaluation of proposed new uses, including affordable residential units by type and non-residential square footage by type and a planned regional park. • Roadway design alternatives to support the proposed uses and circulation, including sidewalk width, public amenities/furniture, on-street parking and curb management, including placemaking concepts.
• A transportation analysis shall be prepared for each alternative comparing how each addresses connectivity to services, schools, jobs, and transit. • The chosen alternative will include an intersection Level of Service (LOS) and Vehicle Miles Travelled (VMT) analysis for Palm Desert General Plan consistency purposes and impact analysis under CEQA. VMT analysis to be completed by a separate consultant. • A report and maps describing and analyzing the alternatives will be prepared to quantify development potential in terms of housing units, non-residential floor area, population, and employment. Projected population and jobs for each alternative shall be included.

Presentation of Land Use and Circulation Alternatives:

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to staff, and refinements will be made to the preferred alternative prior to its presentation to the Planning Commission and/or City Council. Input received at this meeting will be used to refine the alternative and develop the preferred alternative.

Deliverables:

3.1 : Display graphics illustrating the alternative land use and circulation plans with additional sketches, visual simulations, elevations, and street sections needed to convey each alternative

3.2 : Land Use and Circulation Alternatives Report

3.3 : Quantified development potential and traffic analysis for preferred alternative (meeting CEQA requirements)
TASK 4: PREFERRED LAND USE ALTERNATIVE
Based on input received at community/committee meetings, as well as input received from other methods of community outreach, the consultant(s), in consultation with City staff, will develop a preferred land use alternative which will serve as a basis for the draft Specific Plan update. The preferred alternative will be presented to staff for review and feedback. The community will also be asked to respond to the preferred plan. Input received will be used to refine the alternative and develop the draft Specific Plan update.

Deliverables:

4.1 : Preferred land use plan visuals, including sketches and elevations

4.2 : Preferred land use plan report, including quantified development potential

4.3City Council Workshop #1 to present preferred land use plan

4.4 : Community Workshop #2, including attendance and facilitation, and all necessary meeting materials

4.5 : Community Workshop #2 summary
TASK 5: INFRASTRUCTURE DEVELOPMENT AND SERVICE PLAN
Working with the staff, the consultant shall prepare a conceptual Infrastructure Development and Services Plan to determine infrastructure needed to support land uses and improvements identified in the preferred alternative, adequate to meet the needs of CEQA. The analysis shall describe infrastructure conditions and improvements needed to support the plan in terms of water, wastewater, storm drainage (including low impact development), electricity, gas, cable, telephone service, internet/fiber, transportation, greenways, and parks. Distinction shall be made between improvements needed for existing versus future development so future costs can be appropriately attributed. In addition, increased demand for public services such as transit, schools, police, and fire required to serve the Plan area should be identified. The Plan shall:
• Analyze and summarize existing and needed service capacities. 643
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• Assess the services envisioned in the UNSP area and those that would be needed with the preferred alternative.
• Provide descriptions of needed public improvements, including street improvements to City standard, upsizing of water and wastewater mains and storm drains, undergrounding utilities, and development costs.
• Provide descriptions of needed improvements associated with private utilities, such as natural gas, electric, phone, cable, and internet connectivity. • Provide descriptions of any changes required to public services and facilities. • Provide general cost estimates and phasing recommendations for needed improvements and service systems within the UNSP area.

Deliverables:

5.1 : Infrastructure Development and Services Memorandum TASK 6: DRAFT UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN UPDATE The consultant shall prepare a draft updated Specific Plan in compliance with state law. The updated Specific Plan will serve as the City’s long range, comprehensive land use, circulation, and implementation plan for guiding development within the Plan boundary. The Specific Plan shall contain the following components:
• Planning Process. Description of the process to develop the Plan and the role the public played in creating the Plan.
• Land Use/Housing. Description of land use designations, including number of units, potential square footage of mixed use and or neighborhood serving retail development, and employment generating land uses. Population and job projections shall be included.

Changes to development standards or implementation of form-based code must be considered.
• Transportation. Description of circulation for motor vehicles, transit, bicycles, and pedestrians. New streets, paired one-way streets, paths, and connections shall be included. Policies regarding complete streets and the circulation element of the General Plan shall also be included.
• Public Services. Includes information about services and infrastructure needed to implement the updated Plan. This should include specific policies regarding utilities, public safety, and parks.
• Access and Connectivity Plan. Addresses access to and through the Plan area with specific focus on connecting housing, commercial, and retail with the Plan area to existing neighborhoods by all transportation modes including walking, bicycling, driving, and transit.
• Implementation and Financing Plan. Identifies actions and strategies for Plan implementation, including a rough budget estimate. Include infrastructure improvements needed for Plan implementation.

Deliverables:
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6.1: Administrative Draft Specific Plan

6.2: Public Review Draft Specific Plan

6.3: Community Workshop #3, including attendance and facilitation, and all necessary meeting materials

6.4: Workshop #3 Summary

6.5: City Council Study Session #2, including attendance and facilitation, and all necessary meeting materials

6.6: City Council Study Session #2 summary
TASK 7: GENERAL PLAN AND ZONING AMENDMENTS
Consultant(s) and City staff will evaluate properties within the project boundaries to determine which sites would need General Plan land use amendments and UNSP rezoning based on the preferred alternative developed in Task 5.

Deliverables:

7.1: List of properties, and associated maps, requiring General Plan land use designation amendments, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems)

7.2: List of General Plan text amendments

7.3: List of properties, and associated maps, requiring UNSP rezoning, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems)

7.4: List of Zoning Code text amendments
TASK 8: ENVIRONMENTAL ANALYSIS
The proposed project is an update to the University Specific Plan that was previously analyzed by the General Plan Update & University Specific Plan EIR. Although some changes or additions to the EIR may be necessary to more fully describe and address the specifics of the proposed University Specific Plan project, the project appears to meet the requirements for an Addendum, unless any of conditions pursuant to CEQA Guidelines Section 15164 would apply.

Initial Study Checklist Approach: IW will utilize the latest City-preferred version of an Initial Study template for the CEQA analysis, appropriate for use with an EIR Addendum, to document whether or not an Addendum to the General Plan Update & University Specific Plan EIR is appropriate and applicable for the proposed project. The Initial Study will address the following issues pertaining to each CEQA Checklist question:
• The General Plan Update & University Specific Plan EIR significance conclusions for each potential impact (i.e., Less than Significant, LTS with Implementation of Mitigation Measures, or Significant and Unavoidable)
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• The Project’s relationship to the General Plan Update & University Specific Plan EIR findings (either Equal or Less Severity, or a Substantial Increase in Severity) • Applicable mitigation measures and Conditions of Approval, and • The Project’s resulting level of significance
The proposed project may meet the requirements for an Addendum pursuant to CEQA Guidelines Sections 15162, 15164, and 15168 to the extent it can be demonstrated with substantial evidence that: 1) the Project’s impacts were addressed in the General Plan Update & University Specific Plan EIR, and 2) that the Project would not generate a new environmental impact or a substantial increase in the severity of an environmental impact previously identified in the prior General Plan Update & University Specific Plan EIR. No Supplemental or Subsequent EIR would then be required.

Interwest will review all technical studies including AQ/GHG, Biological Resources, Cultural Resources, Transportation Impacts (analyze VMT and LOS), and Water Supply Assessment. If required, we will coordinate with technical consultants to complete necessary corrections and revisions to technical studies. In addition, Interwest will initiate tribal consultations in compliance with SB 18 and AB 52.

Interwest will prepare the draft Initial Study (IS) in compliance with the 2024 CEQA Statute and Guidelines and analyze the broad-scale environmental impacts of the updated Specific Plan, including: Land Use Consistency and Compatibility, Population, Housing and Employment, Transportation and Circulation, Air Quality, Energy/Climate Change, Water Usage, and Cultural Resources.

Once the draft Initial Study has been reviewed by City staff, it will be revised to address City department comments, and provide all additional deliverables as determined by the review of the draft IS.

A meeting will be held by Interwest and City staff to review the technical report findings and draft IS to determine whether the project impacts, as documented in the draft IS, can demonstrate that no new significant effects will result from the project (inclusive of required mitigation measures), or that the project’s potentially significant impacts have already been fully disclosed and evaluated in the prior General Plan Update & University Specific Plan EIR.

A draft and final EIR Addendum in compliance with the 2024 CEQA Guidelines sections 15162, 15164 and 15168 will be prepared. Interwest will deliver to all agencies on the City’s CEQA contact list and deliver to all individuals requesting notice. All comments received will be compiled and a final EIR Addendum will be prepared with Mitigation Monitoring and Reporting Program (MMRP).

Interwest staff will attend one Planning Commission meeting to approve the project and EIR Addendum. A Notice of Determination (NOD) will be prepared and filed with the Office of Planning and Research (OPR) and County Clerk.

Deliverables:

8.1: Draft and Final Initial Study and any appendices (Word & PDF)

8.2: Administrative draft EIR Addendum, (Word and PDF format)

8.3: Public review raft EIR Addendum(Word and PDF format) 646
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8.4: Final EIR Addendum t, including responses to comments and MMRP(Word & PDF format)

8.5: Notice of Determination (Word and PDF format)
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EXHIBIT "B"

SCHEDULE OF SERVICES
(SEE FOLLOWING PAGE)
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EXHIBIT "C-1"

CIT Y OF PALM
DESERT
Proposal For University
Neighborhood Specific Plan Update
2023-RFP-203
MAIN CONTACT:

Shelby Sieracki
Senior Account Manager
626.224.2055
[email protected]
November 26, 2024 | Electronic
25 650
| A
Cover Letter. . . . . . . . . . . . . . . . . . . . . . . . 4 | B
Experience and Technical
Competence. . . . . . . . . . . . . . . . . . . . . . . 6

1. Background

2. References
| C
Firm Staffing and Key Personnel. . . . 13

1. Staffing

2. Key Personnel

3. Team Organization

4. Subcontractors

5. Disclosures
| D
Proposed Method to Accomplish the
Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Approach to Scope of Work
Table of Contents
26 651
Cover Letter A
27 652
1500 S. Haven Ave, Suite 220
Ontario, CA 91761
P (909) 295-3142
4 City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan A. Cover Letter
November 26, 2024
City of Palm Desert
73-510 Fred Waring Drive, Palm Desert, CA 92260
Re: 2023-RFP-203 Proposal for University Neighborhood Specific Plan Dear Selection Committee,
Interwest Consulting Group appreciates the opportunity to submit this proposal to the City of Palm Desert, to provide urban design and planning services. Our multi-disciplinary team believes we are uniquely qualified to assist the City in updating its University Neighborhood Specific Plan to help transform the area into a livable and walkable neighborhood district. We offer the combination of knowledge, experience, and expertise that will ensure the future development of the University Neighborhood is a success.

We incorporate best practices and innovative tools from all approaches to preparing specific plans, including form-based zoning and transit-oriented development (TOD) /design principles. As presented throughout this proposal, we have prepared specific plans and master plans for a variety of cities in California and nationally, including communities similar to Palm Desert. Our proposal includes:
• Cutting-Edge TOD and Place-making Expertise. Combined with our extensive experience working with specific plans is our expertise on TOD and placemaking. Nick Pergakes, AICP, Project Manager, has prepared or managed over two dozen specific plans, downtown master plans, and design guidelines/objective design standards throughout California and nationally. He brings to this project an in-depth knowledge of mixed-use community planning, TOD planning, and zoning/form-based codes. Palm Desert will benefit from the use of the latest thinking in the world of TOD and placemaking. • Real-World Planning Expertise. Our qualifications statement highlights the 50+ years of both advanced planning and current planning experience that our key team members bring to this project. What this means for you is that we know what makes a successful Specific Plan and how to implement it. • Planning Leadership and Innovation. The Interwest team is recognized throughout California as industry leaders and champions for local governments and effective planning. Our project leaders Nick Pergakes (Project Manager) and Richard Smeaton (Project Director) bring decades of experience serving and managing projects for local municipalities.

Our specific plan approach strongly emphasizes collaboration and implementation of a strategic vision and character of a community, not just the regulatory direction of a typical zoning document.

The Interwest Team is very excited about this opportunity, and we look forward to sharing our ideas with you further. Please note that both the scope and budget are flexible and can be adjusted to meet your specific requirements and goals. This proposal remains valid for a period of 90 days.

Contact information for our team is as follows:

Shelby Sieracki Nick Pergakes, AICP
Senior Account Manager Project Manager
626.224.2055 | [email protected] 626.676.9533 | [email protected] Signing Authority: As President of Interwest Consulting Group, I am authorized to sign any agreements that may result from this proposal and will provide contract support to the proposed Interwest team. Should any questions arise, I can be contacted at 619.372.9962 or via email at [email protected]; 1500 S. Haven Ave, Suite 200, Ontario CA 91761. We appreciate the opportunity to present our proposal to the City of Palm Desert and look forward to serving your community.

Sincerely,
Paul Meschino, President
28 653
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Competence B
29 654
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 6
City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan B. Experience and Technical Competence

1. Background
Interwest Consulting Group (Interwest) is a multi-disciplinary firm that provides a range of services to municipalities across California, including Planning, Engineering and Public Works, Building and Safety, Transportation Planning, and Real Property. Our total client list exceeds 300 public agencies in California, and our team of more than 450 professionals has provided services to municipalities for two decades.

Our Planning Division brings a deep knowledge of planning practices and current regulations as we apply our knowledge in order to reach successful outcomes. Our team brings strong qualifications in entitlement reviews, zoning and development regulations, long-range planning, and urban design that will support agency planning programs.

Interwest is recognized throughout California as an industry leader and champion for innovative and effective planning. Our specific plans and design guidelines are highly customized, and we work closely with each client to identify the approach that will most effectively achieve the city’s and community’s objectives.

We incorporate best practices and innovative tools in Zoning Code Updates, including form-based design and coding.

As presented throughout this proposal, we have prepared Specific Plans, Zoning Code Updates, and other long-range planning projects for a variety of cities in California, including communities similar to Palm Desert. We have experience providing solutions or alternative approaches to design regarding the siting of new buildings, design of open space, or parking facilities. Our experience as planners includes both decades of work in Planning departments—using and implementing Zoning Codes on a daily basis—and as planners writing updated Codes for counties and cities in California and other states.

Simply put, we know the types of questions that arise when implementing a Zoning Code, the types of regulations that work or cause problems, and the features that make a Zoning Code easy to use for both City staff and the public. Our decades of experience will allow our team to effectively assess your Zoning Code and develop an effective program for the creation of Objective Design Standards.

INTERWEST

COMPANY DATA

YEAR FOUNDED
2002
TYPE OF ENTITY:

Corporation

PROJECT OFFICE FOR THIS
CONTRACT:
1500 S. Haven Ave, Suite 220
Ontario, CA 91761
NUMBER OF OFFICES:
10 YEARS OF EXPERIENCE
PROVIDING MUNICIPAL SERVICES:
21 years
FULL SERVICE OFFERING:

Planning & Urban Design
Building Safety
Capital Projects
City Engineering
Construction Management
Development Services
Land Development Design
Right of Way & Real Estate
Traffic Engineering
Transportation Planning
Transportation Programming
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan The proposed Interwest team has extensive experience in developing zoning code updates and mixed-use zoning regulations for municipalities with similar attributes to those of the City. The project will be overseen by our team of planners with expertise in land use planning, urban design, municipal planning, and code implementation.

Qualified Staff
Nick Pergakes, AICP, will serve as the Project Manager and Principal Planner and will be the primary contact for the project. With more than 20 years of planning and urban design experience, Nick has managed and prepared specific plans, zoning code updates, and urban design plans in California and nationally. Since 2015, Nick has either prepared or is in the process of preparing several specific plans including the San Dimas Downtown Specific Plan, City of Hope Campus Specific Plan in Duarte, CA, and the Connect Southwest LA Specific Plan in Los Angeles County. He has also managed zoning code updates and prepared objective design standards for the following agencies: Corning, Rancho Cordova, Covina, Irwindale, San Dimas, San Benito County, and Mendocino County.

Firm’s Unique Qualifications to Best Perform These Services We pride our success on effective communication. We are committed to a “no surprises” approach built upon presenting ideas, asking questions, and identifying and addressing issues early in the process. We will propose options, seek direction, and implement solutions in close coordination with the City of Palm Desert. We welcome this opportunity to help maintain the quality of life and unique character that makes the City a desirable community and we believe our planning team will provide superior resources for meeting your immediate needs and long-term goals. Our team offers the following advantages to the City of Palm Desert:
• Specific Plan Expertise. Our team has worked on over two dozen specific plan and zoning code updates for cities and counties in California and nationally.
• Broad Multi-disciplinary Skills. The Interwest team is multi-disciplinary and brings a broad range of practice areas, including zoning, comprehensive planning, transportation planning, urban design, and public facilitation. Our range of skills and experience enable us to prepare effective development regulations that work in the real world. • Current Housing Law. Interwest staff have worked diligently to stay current on California’s housing laws. As any planner in California knows, housing is one of the most pressing issues in our state, and lawmakers have been very active creating in housing legislation for the past three years. Our team is here to help navigate the complex and occasionally poorly defined collection of recently enacted housing legislation in a manner that reflects local interests and values while complying with state law.
• Advance Planning Meets Development. Interwest’s staff have long served as extensions to municipal planning and community development departments. We have processed projects, implemented planning documents and helped to design communities. This hands-on experience leads to practical solutions. • Unique Clients, Unique Solutions. Interwest is recognized throughout California as an industry leader and champion for innovative and effective planning and design. We know each community is unique and our team will prepare Zoning Code and Specific Plan amendments that will meet the City’s needs as well as consider economic and market realities. 31 656
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan Awards and Accomplishments
While Interwest believes that the quality of our work, the experience of our staff, and the breadth and depth of our understanding differentiate us from other firms, the level of recognition we received across the municipal services sector is a true indicator. Awards from various renowned organizations in California have been bestowed on Interwest as a firm, a specific project we have led, and many staff members.

In addition to Excellence and Achievement in Planning, in 2023, we received the Best Practices Award of Excellence from the APA California Central Section Awards Program for our Planning Services work for Stanislaus County. We present some additional highlighted awards and recognitions below.

LEADERSHIP AND SERVICE—EMERGING PLANNING AND DESIGN FIRM, AWARD OF EXCELLENCE, 2023 Apa california central section and apa california inland empire section Interwest received the ‘Emerging Planning and Design Firm Award of Excellence‘ from the APA Inland Empire Section 2023 Leadership and Service. This award reaffirms our position as an emerging urban planning and design leader and is a testament to our mission of delivering exemplary services to our communities.

URBAN DESIGN, AWARD OF MERIT, 2023
County of san benito zoning code update | american planning association, norcal The APA Northern California Section Urban Design acknowledged our group with the ‘Award of Merit.’ This was for our work on the San Benito County Zoning Code Update, ADU Design Handbook and Construction Drawing Templates project — a testament to our team’s commitment to strategic urban design and innovative zoning solutions.

EXCELLENCE AND ACHIEVEMENT IN PLANNING BEST PRACTICES, AWARD OF EXCELLENCE, 2023 Stanislaus county, urban pockets project | apa california central section Adding to the list, the APA Central Section 2023 also honored us with the ‘Best Practices Award of Excellence.’ This was for our outstanding work on the Stanislaus County Urban Pockets Project. This award reflects our unwavering dedication to adopting best practices and enhancing the Stanislaus County community’s quality of life and environment.

BEST PARK AWARD, 2022
Enchanted hills park, city of perris | apwa, southern california chapter The Interwest Team has been working with the City of Perris, California on a new community park utilizing a $8.5M grant from California’s Prop 68. The city broke ground on the Enchanted Hills Park in 2021 and celebrated its grand opening in August of 2022. The park was selected as the APWA, Southern California Chapter’s Best Park Award this year. “Interwest Consulting Group is a great partner to the City of Perris. They were instrumental in the vision, financing and now construction of the 22-acre enchanted hills park. Their passion, professionalism and commitment were instrumental in Bringing the project to fruition.” Richard Belmudez, City Manager to the City of Perris 32 657
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan

2. References
Interwest has extensive experience preparing specific plans, objective design standards, and zoning code updates. Below is a sample of client references and relevant project experience from the past seven years.

CITY OF PALM DESERT // NORTH PALM DESERT PARK AND LUPINE PLAZA, CITY

OF PALM DESERT
CLIENT CONTACT: SHAWN MUIR, COMMUNITY SERVICES MANAGER. PHONE: 760-346-0611 EMAIL: [email protected]
Interwest is familiar with the City of Palm Desert, as we are currently providing engineering and design services for Lupine Plaza, currently in the Public Engagement Phase; North Palm Desert Park, currently in the Conceptual Design heading into Schematic Phase; and recently provided On-Call Traffic/Transportation Engineering and Building Safety Plan Check and Inspection Services.

Key Personnel: Gianno Feoli, Nicole Jules, and Joe Indrawan

DOWNTOWN SPECIFIC PLAN // CITY OF SAN DIMAS, CA
CLIENT CONTACT: LUIS TORRICO, PLANNING MANAGER, 909.394.6208, [email protected] Interwest and Arcadis are assisting the City of San Dimas with the preparation of its first Downtown Specific Plan. The new Specific Plan will help establish a planning and zoning framework for encouraging innovative, transit-oriented development in the downtown area while preserving the historic character of the district. During the planning process, new housing, retail, employment, and hospitality uses in the downtown area will be proposed in conjunction with a new Metro light rail line and transit station opening in 2025. Several opportunity sites within walking distance of the transit station will allow significant potential for infill development and adaptive reuse of existing underutilized properties in the downtown. Creating a strong community identity and sense of place, with design guidelines for buildings and the public realm, will also be a key outcome of the process. Key Personnel: Nick Pergakes, AICP; Jennifer Williams; Lexie Abrahamian

CITY OF HOPE CAMPUS SPECIFIC PLAN // CITY OF DUARTE, CA Client Contact: Jason Golding, Planning Manager, 626.357.7931 x 231, goldingj@accessduarte. com
The City of Hope Cancer Research Center is a medical campus that was established in 1913 and is today regarded as a global pioneer for cancer research. The City of Hope Specific Plan provides a comprehensive framework for the long-term growth and development of the 115-acre campus. The specific plan, adopted in Fall 2018, will provide the City of Hope the ability to implement its long-term vision while meeting the community-wide goals of the cities of Duarte and Irwindale.

Several new buildings, including medical, office, research, hotel, and parking structures, will be built and phased in over the next 20 years with streetscape improvements, open space, and sustainable design. Adopted in October 2018. Key Personnel: Nick Pergakes, AICP

MULTI-FAMILY ZONING CODE UPDATE // CITY OF COVINA, CA
CLIENT CONTACT: Brian Lee, AICP, 626.384.5450, [email protected] Interwest assisted the City of Covina with an update of the City’s multi-family zoning district to meet many recent state housing legislation changes. The project, funded by SB 2, included updating the RD zoning district to make it easier to use, and provide more guidance on producing Missing Middle housing types, such as bungalow courts and mansion apartments. The project also helped remove impediments to housing production and make it easier for developers to make it through the City’s approval process. Interwest also prepared Objective Design Standards for developers to use for a ministerial review process under SB 35. This includes Objective Design Standards for neighborhood compatibility, massing, articulation, materials, site design, open space, and accessory site elements. The new Objective Design Standards include both written and illustrative standards to be incorporated into the updated zoning code and design guidelines. Key Personnel: Paul Junker; Nick Pergakes, AICP, Nancy Fong, AICP 33 658
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan

ZONING CODE, SUBDIVISION REGULATIONS AND DESIGN GUIDELINES UPDATE //

CITY OF IRWINDALE, CA
CLIENT CONTACT: Marilyn Simpson, AICP, City Planner, 626.430.2209, [email protected] The City of Irwindale adopted its first Zoning Code in 1966 and has only been amended incrementally over the past 50 years.

Previously, the City had relied on the County’s zoning that existed prior to incorporation. Numerous amendments happened over time, which have led to inconsistencies and complicated the Code’s organization. The Code is being updated to not only incorporate current best practices, industry standards, and legal mandates, but also to comply with the City’s General Plan and be internally consistent and user-friendly. Interwest is also assisting the City with preparing Objective Design Standards, as well as updating its subdivision regulations, ADU ordinance, and commercial and industrial design guidelines.

Interwest is updating the City’s design guidelines to implement Irwindale’s design objectives for commercial and industrial development. The guidelines will convey to the reader Irwindale’s expectations for high-quality development that helps realize the vision for the City of Irwindale and strengthens the character of the community. The new design guidelines will also address the public realm ,including streetscapes and amenities to contribute to enhancing the character and identity of the City, including signage, lighting, landscaping, parking, streetscapes, and open space/public areas. Key Personnel:

Nick Pergakes, AICP; Rick Smeaton, AICP; Liz Golden, AICP

ZONING CODE UPDATE AND DESIGN STANDARDS // CITY OF RANCHO CORDOVA, CA CLIENT CONTACT: Darcy Goulart, Planning Manager, 916.851.8784, dgoulart@ cityofranchocordova.org
The City of Rancho Cordova retained Interwest to update its Zoning Code and development standards in its Folsom Boulevard Specific Plan. These updates will establish consistency with current state law requirements, facilitate housing development and create objective development standards for housing and mixed-use projects. Bisected by an RT Light Rail corridor and Folsom Boulevard, the core of Rancho Cordova is well situated to accommodate higher-density residential and mixed-use projects. This planning effort will provide a clear template for such development (Objective Design and Development Standards) and will explore changes to regulations such as development intensity and parking requirements to facilitate high-quality, higher-density development. The Folsom Boulevard Specific Plan provides land use regulation for much of the core of Rancho Cordova and Interwest will amend provisions of the Specific Plan as needed to ensure compatibility with the new Zoning Code regulations. As a parallel effort, the City is developing prototypes for higher-density residential and mixed-use development. Interwest is supporting this effort by ensuring draft regulations and development prototypes are consistent. We are also assisting the City in exploring policy options for amending its General Plan and development fee structure to facilitate higher-density residential and mixed-use development. The GP and fee amendments will be conducted in a future phase of work. Key Personnel: Paul Junker; Nick Pergakes, AICP

ZONING CODE UPDATE // COUNTY OF SAN BENITO, CA
CLIENT CONTACT: Arielle Goodspeed, Principal Planner
831.902.2547, [email protected]
Interwest and Arcadis worked with County staff to prepare a comprehensive update to the San Benito County Zoning Code.

The Zoning Code was last updated in 1984, and prior to that date had last been substantially revised in 1966. As a result, the Code today is outdated and poorly organized, with topics and issues scattered in a way that makes it very difficult to use and interpret. In addition to reorganizing and rewriting the Code, Interwest’s scope of work includes making revisions to implement the County’s 2015 General Plan and to reflect recent changes in state legislation, including housing. The scope of work included updating the County’s ADU ordinance, preparing Multi-Family Objective Design Standards, and other topics.

Funded by a State of California grant, the Update began in October 2020 and was adopted in June 2022. Key Personnel:

Nick Pergakes, AICP; Eric Norris
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan CONNECT SOUTHWEST LA: A TOD SPECIFIC PLAN // LOS ANGELES, CA CLIENT CONTACT: Leon Freeman, 213.974.6404, [email protected] Los Angeles County is working on a new neighborhood plan for the area between Los Angeles Southwest College and Metro’s Green Line Vermont / Athens Station. Connect Southwest LA seeks to improve access to transit, housing, and jobs, while creating a healthier, safer environment for walking and biking.

The Connect Southwest LA plan is based on significant public outreach and input from residents, county agencies, adjacent cities, and other stakeholders. It contains zoning and land use standards, urban design guidelines, a mobility strategy, an economic development strategy, and a capital improvement plan. *Nick Pergakes served as Project Manager for this project while with a previous/past consulting firm in 2019. 35 660
Firm Staffing and Key
Personnel C
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan C. Firm Staffing and Key Personnel

1. Staffing and 2. Key Personnel
We pride our success in effective communication. We are committed to a “no surprises” approach built upon presenting ideas, asking questions, and identifying and addressing issues early on in the process. We propose options, seek direction, and implement solutions in close coordination with the City. We welcome this opportunity to help maintain the quality of life and unique character that makes the City a desirable community, and we believe our planning team will provide superior resources for meeting your immediate needs and long-term goal.

Led by Principal Planner, Nick Pergakes, the Interwest Planning group stands ready and capable to provide the City of Palm Desert with the expert-level service our clients have come to expect from Interwest and our team members. We possess extensive professional capabilities which allow us to innovate, create, and implement effective solutions with your agency, all while keeping the community’s interests in mind.

Summaries of qualifications and experience for the proposed seven (7) key Interwest staff are provided below and detailed résumés for all proposed staff are included in the Appendix. All proposed staff will be working for the City.

Nick Pergakes, AICP

PROJECT MANAGER // PRINCIPAL PLANNER
Nick is an AICP-certified planner with more than 20 years of experience in land use planning, urban design, placemaking, and zoning/form-based codes. He has worked in both the public and private sectors as an urban planner, urban designer, project manager, and team manager. Nick has overseen and prepared award-winning master plans, specific plans, corridor studies, and zoning/form-based codes in cities across California and the Southeastern United States. Recent highlights of his work include writing Objective Design Standards for the cities of Corning, Covina, and Rancho Cordova; and managing the Downtown Specific Plan in San Dimas, CA. As a member of the American Planning Association and Congress for New Urbanism, Nick regularly presents at conferences on placemaking, transit-oriented development, and zoning/form-based codes. His research has been published by ITE and the Washington State Department of Transportation. • City of San Dimas Downtown Specific Plan | San Dimas, CA / Project Manager • Medium Density Residential Site Planning and Design Concepts | Rio Vista, CA / Project Manager • City of Hope Campus Specific Plan / Duarte, CA / Project Manager • Pasadena General Plan Implementation Program / Pasadena, CA / Project Manager • Connect Southwest LA: A TOD Specific Plan for West Athens-Westmont / Los Angeles County, CA / Project Manager • Palmdale to Burbank Station Area Planning, California High-Speed Rail / Southern California / Project Manager • Zoning Code and Design Guidelines Update / Irwindale, CA / Project Manager • Multi-Family Zoning Code Update and Objective Design Standards / Covina, CA / Principal Planner / Urban Designer • Zoning Code Update and Objective Design Standards / Rancho Cordova, CA / Project Manager • Zoning Code Update and Objective Design Standards / San Benito County, CA / Deputy Project Manager

RECENT PROJECT EXPERIENCE
Project Manager & Primary Point of Contact
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan Richard is an experienced Land Use Planner with a demonstrated history of California land use and environmental project management. Richard will support the Interwest team as a subconsultant and will use his expertise in Environmental Documentation (CEQA/NEPA) and Zoning Code. Additionally, Richard is experienced in Land Use, Environmental Law (CFR/PRC), Site Design, and Legal Research. Richard is a strong community and social services professional with more than 24 years of experience.

Richard Walker

PRINCIPAL PLANNER
Kurt has over 30 years of experience in planning and urban design, having served as lead designer and project manager on assignments ranging from site-specific landscape design to area-wide planning studies. He has worked both domestically and internationally, particularly in Asia, where he has participated in both new community and infill master planning projects.

Kurt Nagle, AICP, ASLA

PRINCIPAL PLANNER
Project Support Team
Samina has seven years of diverse experience spanning architecture, urban and transportation planning, ecological design, and sustainable development She has been serving as a contract planner for municipal clients in the bay area where she adeptly handles various planning tasks, from processing entitlements to assisting with land use and zoning code inquiries.

Samina’s expertise extends to research, project management, streamlining planning processes, and presenting discretionary applications at public meetings. Her experience provides her with a deep understanding of various urban planning and urban design projects, making her a valuable asset to a team.

Samina Merchant

ASSISTANT PLANNER
Emily has over 20 years of experience in local government and public utilities. She has worked in both the public and private sectors in land development, managing engineering projects for plan check and inspection, as a project manager for capital improvement design engineering, and has worked on multiple capital campaigns for government affairs within the public utility space. Emily has spearheaded efforts for the adoption of engineering design standards, grading ordinances, general and specific plan updates, and has developed multi-faceted solutions for permit processing systems and municipal GIS databases. She is experienced in developing effective and engaging public outreach campaigns, grant writing, process development, and creating policy. She has managed a variety of projects working with Indigenous tribes in California to adopt water quality measures through the EPA, developing utility and power strategies, and assisting with a casino expansion project.

Emily Stadnik

SENIOR ENGINEER
Alex Camacho has Bachelor’s degree in Civil Engineering and a combined eight years of professional experience in Transportation and Construction Engineering. Alex is an Engineer-In-Training, working towards his professional license.

Alex Camacho

TRAFFIC ENGINEER
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan

3. Team Organization
Organizational Chart
Our committed team members will provide exceptional service to the City of Palm Desert. The Interwest team will be led by Project Manager/Principal Planner, Nick Pergakes, AICP. As the primary contact to the City, Nick will work with our Professional-in-Charge, and the Interwest project team to complete all services required by the project on-time, on/under budget, and with a few disruptions as possible. Our team structure is as follows:

Kurt Nagle, AICP, ASLA, Principal Planner
Richard Walker, Principal Planner
Samina Merchant, Associate Planner
Emily Stadnik, Senior Engineer
Alex Camacho, Traffic Engineer

CITY OF PALM DESERT

INTERWEST PLANNING TEAM

PROJECT MANAGER / PRINCIPAL PLANNER
Nick Pergakes, AICP
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan

4. Subcontractors
Interwest Consulting Group will not be partnering with subconsultants for this opportunity, as our team can provide the requested services.

5. Disclosure
Interwest Consulting Group has not previously performed work for a City of Palm Desert private property owner or developer over the past year.
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Proposed Method to
Accomplish Work D
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan D. Proposed Method to Accomplish Work

1. Project Understanding
The City of Palm Desert is looking to update its University Neighborhood Specific Plan (“UNSP”) to meet recent policies and programs in the City’s updated Housing Element, while creating a sustainable, unique, and vibrant district. Creating opportunities for new residential development in the specific plan area, planning for additional parks and open space, and creating a community gathering space are key goals of this project. Public outreach for the update of the UNSP will be important to ensure public input and feedback is received during the updating the Specific Plan.

Purpose of Updating the University Neighborhood Specific Plan The City of Palm Desert recognizes the need for thoughtful and strategic urban design and planning. The UNSP was adopted in 2016 and contains approximately 400 acres intended for development of a new, mixed-use, walkable community adjacent to planned campuses for California State University San Bernardino and the University of California Riverside. The overall goal is to provide a variety of housing options, business opportunities, and open space that stimulate residential and commercial activity and economic development.

The update will focus on evaluating existing and potential land uses, analyzing circulation and infrastructure conditions, developing land use regulations, and implementing objective design standards to promote high-quality residential development that fits the scale and neighboring uses within the project area.

Goals and Objectives
In addition, primary objectives to be achieved through the UNSP update are:
• Ensure consistency with the General Plan Land Use, Housing Element, Open Space and Circulation Element and/or consider making the Specific Plan the effective land use document over the project area. • Engage and inform the public and existing Plan area residents about transit-oriented design concepts, provide a potential update to development standards and the general UNSP update process through a comprehensive community involvement strategy. This strategy will gather significant resident input from a variety of Palm Desert residents and incorporate this input into the UNSP updated policies and design guidelines. • Revise land use plan and policy framework to transition from significant commercial use requirements to increased housing density and development, while also allowing other neighborhood supportive uses such as retail and office mixed-use throughout the Plan area.
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan • Improvement of motorized, non-motorized, and transit connectivity between the Plan Area, and existing and future commercial and residential areas (and circulation infrastructure) in and adjacent to Palm Desert city boundaries (as feasible).
• Development of objective design standards which promotes walkable and livable environments, while being compatible with surrounding existing development within the Specific Plan area. • Prepare development and subdivision standards that promotes walkable environments and incorporates policies of the General Plan.
• Prepare the necessary CEQA documentation for the update of the Specific Plan, building on the adopted Environmental Impact Report, as appropriate.

Key Considerations
During the University Neighborhood Specific Plan update, the following factors will be taken into account:
a. Community Input: Engage with the local community, stakeholders, and residents throughout the planning process to gather valuable insights and feedback. Consider the public’s preferences and concerns while evaluating and updating the University Neighborhood Specific Plan.
b. General Plan and other Document Consistency: Ensure that the updated Specific Plan aligns seamlessly with the City of Palm Desert’s General Plan such as the Land Use Element, Circulation Element, Open Space Element, and Housing Element.

The University Neighborhood Specific Plan should complement the broader vision of the City’s growth and development.

During the update, we will ensure that internal documents are consistent with UNSP Design Guidelines. Furthermore, we will review and update the adopted Environmental Impact Report (EIR) while updating the UNSP, and ensure new traffic impacts are analyzed along with the updated uses.
c. Provision of Open Space: Redistribute open space to include a new Regional Park (approximately 30-40 acres) in the Specific Plan area. Ensure connectivity between the existing and proposed open space areas, and provide additional guidelines for areas between the park site and adjacent planning areas. d. Land Use and Density Changes to Accomdate New Uses: Review General Plan land use designations and potential densities. Include two, 5-acre sites (120 units each site) for affordable housing per City’s 6th Cycle Housing Element. Consider viable area for a major grocery store, and examine height limits and compatibility of new development with neighboring single-family residential sites.
e. Mobility and Circulation Improvements:
• Examine how to make streets function better and allow for multi-modal movement • Focus on making “Complete Streets” for creating safe and walkable environments. • Provide a circulation network that is highly connected and continuous with adjacent existing or planned development within the UNSP.
• Create pedestrian networks that connect walkways in the interior and exterior of public and private properties. • Consider and evaluate the possibility of paired one-way streets through the Specific Plan area. f. Economic Viability: Evaluate the economic feasibility of the proposed plan, including potential impacts on property values, business growth, traffic, and local economy to create a sustainable and thriving University Neighborhood. g. Regulatory Compliance: Comply with all relevant local, state, and federal regulations while updating the Town Center Specific Plan. This includes adhering to the latest California zoning laws, building codes, and environmental guidelines. 43 668
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan Palm Desert University Neighborhood Specific Plan Update Scope of Services TASK 1 | PROJECT INITIATION AND ADMINISTRATION
Interwest will engage in project administration activities as needed to ensure delivery of the highest quality project in a timely fashion, including on-going monitoring of the schedule and budget. Additionally, our team will coordinate and regularly meet with City of Palm Desert Staff and other key stakeholders.

TASK 1.1 KICK-OFF MEETING
Interwest will participate in a “Kick-Off Meeting” for the project. The intent of this meeting is to accomplish the following:
1) introduce and identify the roles of key members of the consultant team, City Staff, and other stakeholders as appropriate; 2) establish reporting protocols; 3) discuss project objectives, issues, and opportunities; 4) confirm project schedule and work program, and review outreach methods and timing; and 5) identify and transmit pertinent documents and studies, and other relevant data to the Interwest Team.

TASK 1.2 FIELD TOUR OF STUDY AREA
The Interwest Team will join key City Staff (and other stakeholders as appropriate) in an initial field tour of the University Neighborhood area, as well as surrounding areas to gain a holistic understanding of the physical and environmental context.

It is recommended that this field tour is coordinated with the Kick-Off Meeting.

TASK 1.3 PLAN AND POLICY REVIEW
Interwest staff will review the existing University Neighborhood Specific Plan, as well as other relevant City policy and regulatory documents to understand the existing site and area conditions of the University Neighborhood area. We will also review the tentative and final maps for TR37056 to understand the number of units and densities that have been entitled to date under the existing University Neighborhood Specific Plan.

TASK 1.4 PROJECT STATUS MEETINGS AND ADMINISTRATION
Interwest will coordinate and regularly consult with City Staff to review progress and ensure that necessary information and documentation are shared and incorporated into the work product in a timely manner. For this task, Interwest will participate in bi-weekly meetings virtually with City Staff to assess progress and direct forthcoming work. Additionally, we will participate in conference calls as needed to track progress and coordinate efforts

1.1 DELIVERABLES:
• Kick-Off Meeting Participation
• List of Data Needs
• Agenda and Meeting Summary

1.2 DELIVERABLES:
• Initial Field Tour with City Staff
• Follow-up Site Reconnaissance as necessary to record key site conditions

1.3 DELIVERABLES:
• Plan and Policy Review Memo

1.4 DELIVERABLES:
• Project Status Meetings (virtual)
• Agendas and Meeting Summaries
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City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan TASK 2 | COMMUNITY ENGAGEMENT
Interwest will actively incorporate engagement with key stakeholders and the broader community into the planning process to ensure that we have a full understanding of the issues and potential opportunities in the UNSP area. Engagement activities and facilitation will include up to three (3) community workshops, as well as other innovative methods to gain input on the plan from members of the community.

TASK 2.1 DEVELOP COMMUNITY ENGAGEMENT STRATEGY
Interwest will actively incorporate engagement with key stakeholders and the broader community into the planning process to ensure that we have a full understanding of the issues and potential opportunities in the UNSP area. Engagement activities and facilitation will include a project website and community workshops, as well as other innovative methods to gain input on the plan from members of the community. A Community Engagement Strategy memorandum will be prepared and provided to City staff for their review and input prior to getting underway with the outreach efforts.

TASK 2.2 PROJECT WEBSITE
Interwest will develop and provide background and meeting information, maps, and reports related to the project for a project specific webpage. The project webpage will be part of the City’s website. City staff will post information and keep the site current, with updated content provided by Interwest.

TASK 2.3 COMMUNITY WORKSHOPS
Interwest will work with City Staff to facilitate three (3) community workshops. The overall intent is to inform the community about the project; achieve an updated consensus vision for the UNSP area; allow for their valuable feedback and evaluation of concepts and recommendations; and build support for the final UNSP document.

TASK 3 | OPPORTUNITY SITE ANALYSIS AND ALTERNATIVE LAND USE ANALYSIS TASK 3.1 OPPORTUNITIES & CONSTRAINTS ANALYSIS
Interwest will synthesize our site reconnaissance, document review and evaluation, and other inputs (e.g., web-based research, City staff inputs, etc.) into diagrams/maps with summary text that 1) communicate our understanding of the project site and its context, and 2) clarify physical development opportunities and constraints.

2.1 DELIVERABLES:
• Community Engagement Strategy memorandum (electronic copy)

2.3 DELIVERABLES:
• Community Workshops; attendance and lead facilitation at a maximum of two (2) workshops • Collateral / Communications Materials as appropriate (e.g., PowerPoint presentations, exhibits, etc.) • Community Workshop Summaries presented in memo format

3.1 DELIVERABLES:
• Opportunities & Constraints Analysis Diagrams

2.2 DELIVERABLES:
• Project webpage content and materials
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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 22
City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan TASK 3.2 ALTERNATIVE LAND USE SCENARIOS
Following the initial meetings and outreach, Interwest will develop up to two (2) land use alternatives for the UNSP area.

The scenarios will be developed to support bus transit as well as to facilitate safe pedestrian and bicycle travel. The land use alternatives will promote development of a healthy, walkable district with easy access to services in the surrounding area. Revisions to the development standards or incorporation of form-based regulations may be considered in the update of the UNSP document. The alternatives will consider information prepared through the planning process and from the community outreach.

Residential, commercial, office, mixed-use, and open space land uses will be analyzed and strategically placed to maximize community connectivity and create a level of synergy between adjacent single-family residential neighborhoods. The alternatives should consider information generated through the previous analysis in Task 3.1.

TASK 3.3 PRESENTATION OF LAND USE AND CIRCULATION ALTERNATIVES Interwest will present the alternatives to City staff for review, feedback, and possible refinement prior to presentation at a community workshop. Interwest will utilize different community outreach methods techniques to understand participants’ preferences. This may result in a clear preference for one alternative or in a hybrid concept which combines components of each.

TASK 4 | PREFERRED LAND USE ALTERNATIVE
TASK 4.1 PREPARATION OF A PREFERRED LAND USE ALTERNATIVE Based on input received from the City staff, and the public, Interwest will develop a preferred land use alternative which will serve as a basis for the draft UNSP. The preferred alternative will be presented to City staff for review and feedback. The community will also be asked to respond to the preferred plan at a community workshop. Input received will be used to refine the alternative and develop the draft UNSP document.

Once the preferred alternative is finalized, an analysis of future development in the UNSP area will be prepared showing the number of housing units, non-residential floor area, population and employment figures in a future year (such as 2045).

A study session with City Council will be held to review the preferred land use plan alternative diagram with proposed buildout analysis.

3.2 DELIVERABLES:
• Display graphics illustrating the alternative land use and circulation plans with a combination of drawings, diagrams, sketches, and/or visual simulations
• Land Use and Circulation Alternatives Memorandum

3.3 DELIVERABLES:
• Presentation materials for community workshops
• Attendance at Community Workshop #1

4.1 DELIVERABLES
• Preferred land use plan alternative diagram and other graphics as necessary • Preferred land use plan memo with buildout analysis table • Study session with City Council and meeting summary
• Presentation materials for Community Workshop #2
• Attendance at Community Workshop #2
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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 23
City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan TASK 5 | INFRASTRUCTURE

DEVELOPMENT AND

SERVICES PLAN
TASK 5.1 INFRASTRUCTURE

DEVELOPMENT AND SERVICES
PLAN
Interwest shall prepare a conceptual
Infrastructure Development and Services
Plan to determine infrastructure needed
to support land uses and improvements
identified in the preferred alternative,
as well as to meet the needs of CEQA.

The analysis shall describe infrastructure
conditions and improvements needed to
support the UNSP in terms of water, wastewater, storm drainage (including low impact development), electricity, gas, cable, telephone service, internet/fiber, transportation, and parks. Interwest will analyze existing versus future development for improvements so future costs can be appropriately attributed. In addition, increased demand for public services such as transit, schools, police, and fire required to serve the UNSP area will be identified.

TASK 6 | FINAL TOWN CENTER SPECIFIC PLAN AND ADOPTION
TASK 6.1 PREPARATION OF DRAFT UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN UPDATE Interwest will prepare a draft updated Specific Plan, which will serve as the City’s long range, comprehensive land use, circulation, and implementation plan for guiding development within the plan area boundaries. The UNSP shall contain the following components:
• Introduction. An overview of the UNSP, the contents of the plan, and how it meets state laws will be in the first chapter of the document. In addition, a description of the planning process to develop the Plan and the role the public played in creating the Plan will be included.
• Land Use/Housing. Description of land use designations, including number of residential units, potential square footage of mixed use and or neighborhood-serving retail development, and employment generating land uses will be provided. Revisions to development standards or implementation of form-based code regulations will reviewed and updated as needed to implement the preferred land use plan. • Objective Design Standards. The University Neighborhood Specific Plan will need to be updated with new objective development and design standards to be in compliance with the Housing Authority Act (HAA), SB 35, and SB 330.

Interwest has the experience and track record of creating and implementing objective design and development standards with communities across California.
• Transportation and Mobility. The plan will include a description of circulation for motor vehicles, transit, bicycles, and pedestrians. New streets, paired one-way streets, trails/paths, and connections will be evaluated and recommended.

Policies regarding complete streets and the circulation element of the General Plan shall also be included. • Public Services. The plan will include information about services and infrastructure needed to implement the updated Plan. This should include specific policies regarding utilities, public safety, parks. • Implementation Plan. Identifies actions and strategies for Plan implementation, including a rough budget estimate.

Infrastructure improvements needed for Plan implementation will also be discussed.

5.1 DELIVERABLES
• Infrastructure Development and Services Memorandum
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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 24
City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan An administrative draft UNSP document shall be prepared for review by City staff. Comments received shall be incorporated into the public review draft Specific Plan. The draft UNSP document shall then be presented to the Planning Commission at a public workshop and then to City Council at a Study Session to present the final draft and accept any remaining comments and requested changes.

TASK 7 | GENERAL PLAN AND ZONING CODE AMENDMENTS
TASK 7.1 GENERAL PLAN AND ZONING CODE AMENDMENTS
Interwest and City staff will evaluate properties within the UNSP project boundaries to determine which sites would need General Plan land use amendments and rezoning based on the preferred alternative developed in Task 5. Some of the sites may be identified as part of the Housing Element update (6th cycle) and will be determined whether the existing land use designations will be utilized. Interwest and City staff will work to incorporate any text within the General Plan.

TASK 8: ENVIRONMENTAL ANALYSIS
TASK 8.1 PREPARATION OF ENVIRONMENTAL DOCUMENT
The proposed project is an update to the University Specific Plan that was previously analyzed by the General Plan Update & University Specific Plan EIR. Although some changes or additions to the EIR may be necessary to more fully describe and address the specifics of the proposed University Specific Plan project, the project appears to meet the requirements for an Addendum, unless any of conditions pursuant to CEQA Guidelines Section 15164 would apply.

Initial Study Checklist Approach: Interwest will utilize the latest City-preferred version of an Initial Study template for the CEQA analysis, appropriate for use with an EIR Addendum, to document whether or not an Addendum to the General Plan Update & University Specific Plan EIR is appropriate and applicable for the proposed project. The Initial Study will address the following issues pertaining to each CEQA Checklist question:
• The General Plan Update and University Specific Plan EIR significance conclusions for each potential impact (i.e., Less than Significant, LTS with Implementation of Mitigation Measures, or Significant and Unavoidable). • The Project’s relationship to the General Plan Update & University Specific Plan EIR findings (either Equal or Less Severity, or a Substantial Increase in Severity).
• Applicable mitigation measures and Conditions of Approval, and; • The Project’s resulting level of significance.
•

6.1 DELIVERABLES
• Administrative Draft Specific Plan
• Public Review Draft Specific Plan
• City Council Study Session #2, including attendance and facilitation, and all necessary meeting materials • City Council Study Session #2 summary
• Presentation materials for Community Workshop #2
• Attendance at Community Workshop #2

7.1 DELIVERABLES
• List of properties, and associated maps, requiring General Plan land use designation amendments, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems) • List of General Plan text amendments
• List of properties, and associated maps, requiring UNSP rezoning, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems) • List of Zoning Code text amendments
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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 25
City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan The proposed project may meet the requirements for an Addendum pursuant to CEQA Guidelines Sections 15162, 15164, and 15168 to the extent it can be demonstrated with substantial evidence that: 1) the Project’s impacts were addressed in the General Plan Update and University Specific Plan EIR, and 2) that the Project would not generate a new environmental impact or a substantial increase in the severity of an environmental impact previously identified in the prior General Plan Update & University Specific Plan EIR. No Supplemental or Subsequent EIR would then be required.

8.1 DELIVERABLES
• Draft and Final Initial Study and any appendices (Word & PDF) • Administrative draft EIR Addendum (Word and PDF format) • Public Review Draft Final EIR Addendum, including response to comments and MMRP draft environmental analysis and response to comments (Word & PDF format)
• Notice of Determination (Word & PDF format)
49 674
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 26
City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan TASK 9: PRESENTATION AND ADOPTION OF DRAFT UNSP AND ENVIRONMENTAL

DOCUMENT
TASK 9.1 ADOPTION HEARINGS AND PREPARATION OF FINAL UNSP DOCUMENT Interwest, in collaboration with City staff, will assist in preparing the Planning Commission and City Council packet materials.

This may include the staff report, PowerPoint presentation, resolutions and ordinances. Interwest will also present the draft Specific Plan update, and any necessary environmental analysis, at public hearings before the Planning Commission and City Council. Interwest shall make any final revisions to the Specific Plan and environmental analysis based on changes recommended by the City Council.

9.1 DELIVERABLES
• Planning Commission staff report and PowerPoint presentation • Presentation of Draft UNSP update at one (1) Planning Commission hearing • City Council Staff Report and PowerPoint presentation • Presentation of draft UNSP update at first City Council public hearing 50 675
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 27
City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan Timeline
Interwest has a successful track record of completing complex projects on schedule. Our proposed schedule for the project (shown on the page directly following) anticipates completing the entire scope of work within approximately 12 months.

Interwest believes this schedule is both realistic and in keeping with the priority the City has placed on this project. We will be happy to work with City staff to revise this schedule as needed before and during the update process.

Over years of managing projects similar to this project, Interwest staff has developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times:
• We maintain an up-to-date schedule throughout the project to ensure that all team members are aware of upcoming meetings and product due dates.
• We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members. • We schedule project due dates for staff with adequate time for editing and formatting into finished reports. • We prepare monthly status reports for submittal regarding progress on the preparation of specific plan updates. 51 676
Schedule for Completion
City of Palm Desert UNSP - Revised Schedule 11.20.24
Tasks

N D J F M A M J J A S O N D
Scope of Services
Task 1: Project Initiation & Administration TASK 1 COMPLETE

1.1 Project Kick-Off Meeting TASK COMPLETE

1.2 Field Tour of Study Area TASK COMPLETE

1.3 Plan & Policy Review TASK COMPLETE

1.4 Project Status Meeting and Administration ON-GOING TASK Task 2: Community Engagement TASK 2

2.1 Develop Community Engagement Strategy TASK COMPLETE

2.2 Project Website ON-GOING TASK

2.3 Community Workshop No. 1 TASK COMPLETE

2.4 Community Workshop No. 2 & Optional No. 3

2.5 Council Study Sessions No. 1 and Optional No. 2
Task 3: Opportunity Site Analysis & Alternaitve Land Use Analysis TASK 3 COMPLETE

3.1 Opportunities & Constraints Analysis TASK COMPLETE

3.2 Document Review & General Plan Best Practices TASK COMPLETE

3.3 Presentation of Land Use & Circulation Alternatives TASK COMPLETE Task 4: Preferred Land Use Alternative TASK 4

4.1 Preparation of Preferred Land Use Alternative - Land Use Plan + Build-Out Analysis

4.2 Preparation of Preferred Land Use Alternative - Mobility Plan

4.3 Preparation of Preferred Land Use Alternative - Open Space Plan Task 5: Infrastrcucture Development & Service Plan TASK 5

5.1 Infratructure Development & Services Plan
Task 6: Draft UNSP Update TASK 6

6.1 Draft Introduction Chapter

6.2 Draft Development Framework Chapter

6.3 Draft Public Realm Design Chapter

6.4 Draft Private Realm Development Regulations & Standards Chapter

6.5 Draft Private Realm Design Standards & Guidelines Chapter

6.6 Draft Infrastructure Chapter

6.7 Draft Implementation Chapter

6.8 Administrative Draft UNSP Update

6.9 Public Review Draft UNSP Update

6.10 City Council Study Session
Task 7: General Plan & Zoning Code Amendments TASK 7

7.1 General Plan Amendments - Mapping & Text List

7.2 Zoning Code Amendments - Mapping & Text List
Task 8: Environmental Analysis TASK 8

8.1 Technical Studies

8.2 Tribal Consultation

8.3 Initial Study &CEQA Determination

8.4 Draft EIR Addendum

8.5 Final EIR Addendun w/ Mitigation Monitoring

8.6 Notice of Determination
Task 9: Preesentation & Adoption of UNSP Update & Environmental Document TASK 9

9.1 Adoption Hearing - Planning Commission

9.2 Adoption Hearing - City Council

9.3 Final UNSP Documentation
2025
52 677
EXHIBIT "C"

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA.
(SEE FOLLOWING PAGE)
53 678
Cost Proposal
Nick
Pergakes Kurt Nagle
Samina
Merchant
Richard
Walker Emily Stadnik
Alex
Camacho
Total
Number of
Hours
Labor Cost Per
Task
Role
Specific Plan
PM, Principal
Planner
Principal
Planner,
Assistant PM
Associate
Planner

CEQA PM,
Principal
Planner
Senior
Engineer
Traffic
Engineer
Hourly Rate $ 180 $ 175 $ 135 $ 175 $ 175 $ 135
Hours Per Task
Task 1. Project Initiation and Administration
Subtotal 60 60 20 20 8 8 176 29,980 $
Task 2. Community Engagement
Subtotal 40 50 60 12 10 0 172 27,900 $
Task 3. Opportunity Site Analysis and
Alternative Land Use Analysis
Subtotal 32 44 60 4 4 24 168 26,200 $
Task 4. Preferred Land Use Analysis
Subtotal 30 50 50 2 4 16 152 24,110 $
Task 5. Infrastructure Development and Service
Plan
Subtotal 8 8 16 8 60 12 112 18,520 $
Task 6. Draft University Specific Plan Update
Subtotal 80 120 160 2 2 40 404 63,100 $
Task 7. General Plan and Zoning Code
Amendments
Subtotal 16 20 24 0 0 0 60 9,620 $
Task 8. Environmental Analysis
Subtotal 16 8 4 140 12 24 204 34,660 $
Task 9. Presentation and Adoption of Draft
UNSP and Environmental Document
Subtotal 40 50 40 30 4 8 172 28,380 $
Grand Total Hours 282 360 394 188 100 124 1448
Fee Total $ 50,760 $ 63,000 $ 53,190 $ 32,900 $ 17,500 $ 16,740 $ 262,470 Reimbursable Expenses* $ 15,000
Supplemental EIR Technical Studies $ 32,500
Grand Fee Total $ 309,970
*Reimbursable expenses include travel, mileage, printing, or other associated costs with the project.

Palm Desert University Neighborhood Specific Plan Update RFP Interwest Consulting Group
54 679
680

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 12, 2024
PREPARED BY: Eric Ceja, Director of Economic Development SUBJECT: REBRANDING OF THE PALM DESERT IHUB TO AN

ENTREPRENEURIAL RESOURCE CENTER
RECOMMENDATION:

1. Approve the rebranding of the Palm Desert iHUB to the Entrepreneurial Resource Center.

2. Authorize the City Manager to execute any necessary documents to effectuate the rebranding.

BACKGROUND/ANALYSIS:

On November 21, 2021, the City of Palm Desert opened the Palm Desert iHUB located at 37023 Cook Street, Suite 102, to attract technology-based entrepreneurial startup businesses and promote the creation of high-wage jobs. The City currently leases the space through August 2026, with an option for a seven (7) year lease renewal. Initially, the facility was operated by the Coachella Valley Economic Partnership (CVEP). In January 2024, the California State University San Bernardino (CSUSB) School of Entrepreneurship (the “School”) assumed operations of the facility.

Since taking over, the School has been active in developing new programs, obtaining new funding, and expanding outreach and resources to a broader range of entrepreneurs in the Coachella Valley. Recently, the School obtained an additional $330,000 in grant funding from Riverside County Office of Economic Development to expand program operations at the facility.

Legal Review:

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

Strategic Plan:

1. Economic Development - Priority 1: “Expand job and business creation opportunities”

2. Economic Development - Priority 4: “Expand and raise awareness of business-friendly services in order to retain and attract business.”
Appointed Body Recommendation:

The City Council subcommittee on the Palm Desert iHUB met on November 19, 2024, to discuss the rebranding and recommended approval of the name change to the Entrepreneurial Resource Center.

Project Description:

The “iHUB” designation is administered by the California Governor’s Office of Business and Economic Development through the Office of the Small Business Advocate (CalOSBA). Today, there are 13 institutions across the State with the iHUB designation. At the time the Palm Desert 681
City of Palm Desert
Rebranding of the Palm Desert iHUB to Entrepreneurial Resource Center

Page 2 of 2 ends

iHUB was established, CVEP was operating the Palm Springs iHUB, and the State allowed the City to use the iHUB designation as CVEP was operating both facilities; however, the State never officially recognized the Palm Desert location as a State iHUB.

The Inland Empire Center for Entrepreneurship (IECE) at CSUSB, has been active in finding suitable partners and locations to develop “Entrepreneurial Resource Centers” in both San Bernardino and Riverside County. Recently, the IECE successfully partnered with Riverside County Office of Economic Development (RCOED) and the City of Temecula to open a second “ERC” in the region. IECE, in trying to brand the ERC and promote a well-rounded and wellresourced center for Inland Empire entrepreneurs, proposes to rebrand the “Palm Desert iHUB” as the “ERC Palm Desert.”
As the State does not recognize the Palm Desert iHUB as an official State iHUB and given that consistent branding throughout the region benefits entrepreneurs seeking business recourses, staff recommends that the City Council approve of the name change of the facility.

FINANCIAL IMPACT:

There are no financial impacts to the City for the rebranding of the facility.

ATTACHMENT:

1. Rebranding Collateral
682
Riverside County Office of Economic Development
Inland Empire Center for Entrepreneurship at CSUSB
City of Palm Desert

PA L M D E S E RT

PA L M D E S E RT
683

PA L M D E S E RT
Riverside County Office of Economic Development
Inland Empire Center for Entrepreneurship at CSUSB
City of Palm Desert
riverside county
office of economic development
684

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 12, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: ADOPT A POLICY (DS-001) FOR NOTIFYING HOMEOWNER

ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS
RECOMMENDATION:

Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS”.

BACKGROUND/ANALYSIS:

Homeowner Associations (HOAs) play an integral role in maintaining neighborhood standards by overseeing common area upkeep, exterior improvements, and adherence to Covenants, Conditions & Restrictions (CC&Rs). These CC&Rs, established during subdivision development, ensure consistency in standards such as paint color, roofing materials, architecture, and landscaping.

To better support the City’s HOAs, staff presented a draft policy to the City Council on October 10, 2024. The Council requested that staff obtain feedback from HOAs on whether a 10-day notice period was sufficient for action when needed. Subsequently, staff met with representatives from the Silver Spur Ranch HOA to discuss a revised policy that includes a 30- day notice period, which the HOA agreed was appropriate.

Notifications were then sent to HOAs citywide, inviting them to a workshop held on November 18, 2024, to discuss the revised policy and gather further input. Approximately 12 HOA representatives attended the workshop, providing additional feedback, including:
 Notification for interior renovations in shared-wall units: Specific to Marrakesh Country Club, where HOA approval is required.
 Updated mapping needs: Palm Desert Country Club HOA committed to providing an updated map identifying homes under their jurisdiction.

Revised Process for Building Permit Applications Requiring HOA Approval If HOA approval is determined necessary, staff will implement the following procedures:

1. Immediate Notification: Staff will notify the HOA in writing upon receipt of an application, using the attached form.

2. 30-Day Resolution Period: If no resolution is achieved, the permit will be issued 30 days after the HOA was notified. This period allows the applicant and HOA sufficient time to address any concerns.
685
City of Palm Desert
HOA Building Permit Notification Policy

Page 2 of 2 ends

3. Follow-Up on HOA Concerns: If an HOA representative contacts Development Services staff, staff will inform the applicant and encourage them to work directly with the HOA to resolve any issues.

4. Documented HOA Feedback: The HOA’s response must be signed and dated by an authorized representative (e.g., President, Vice President, or Architectural/Landscape Committee Chair) and include specific references to the plans, including the date, to prevent misunderstandings should revised plans be submitted.

The following types of building permit applications will not require adherence to this policy:
 Interior modifications to habitable structures with no exterior impact (except for sharedwall units)  Accessory Dwelling Units (ADUs)
 Solar panels or battery storage systems
 HVAC replacements (existing locations only)
 Electrical panel upgrades
 Water heater replacements (existing locations only)
This revised policy aims to streamline the approval process while maintaining strong collaboration between HOAs, applicants, and the City.

Legal Review:

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

FINANCIAL IMPACT:

There is no financial impact directly associated with this action.

ATTACHMENTS:

1. Resolution
a. Exhibit A – Policy No. CC DS-001

2. Presentation
686
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR

NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE

BUILDING PERMIT PROCESS
WHEREAS, the City of Palm Desert (“City”) is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; and
WHEREAS, Homeowner Associations (HOAs) are set up in many areas of the City to provide for such things as common area maintenance and improvements, control of individual exterior improvements, and to provide consistency with the Covenants, Conditions & Restrictions (CC&Rs); and
WHEREAS, the CC&Rs were set up when the subdivision first developed and provide guidelines to ensure that certain standards such as paint color, roof composition, and architectural and landscape treatment are continually met, and WHEREAS, the City supports the many HOAs and seeks to establish uniform guidelines to notify HOAs that certain building permits have been applied for, if an HOA approval is not submitted with the building permit; and WHEREAS, the City Council of the City of Palm Desert, California, on December 12, 2024, considered adopting a policy for notifying homeowner associations as part of the building permit process; and
WHEREAS, the City Council of the City of Palm Desert, California, has determined that the proposed policy, is consistent with the General Plan and applicable state law; and WHEREAS, the intent of this policy is to supplement, but not supersede, any existing laws or policies on this subject matter.

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

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

SECTION 2. The City Council hereby adopts Policy No. CC DS-001, a Policy for Homeowner Association Notification attached hereto as Exhibit “A”. 687
ADOPTED ON______________________2024
________________________________

JAN HARNIK
MAYOR
ATTEST:
__________________________________
ANTHONY J. MEIJA

CITY CLERK
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
688

CITY OF PALM DESERT

DEVELOPMENT SERVICES DEPARTMENT
Subject Homeowner Association Involvement - Building
Permit Process
Policy No. CC DS - 001
Date Issued: December 12, 2024
Approved by Resolution No. 2024-
Authored by Richard D. Cannone, AICP, Director
I. Intent
It is the intent of this policy to facilitate understanding of the need for homeowner association (HOA) approvals and establish the process by which these approvals must be obtained when they are not included with a building permit application. The City, through its planning approval process, establishes and reviews development covenants, conditions and restrictions (CC&R's). Many of the development requirements are incorporated into the various land use and zoning codes, architectural controls and CC&R's.

It should be clear that our role as Staff is to support the HOA. Given this understanding, the following policy guidelines are established in conjunction with the need for HOA approval.

This policy is meant to supplement, but not supersede, any existing laws or policies on this subject matter. This policy is a fluid document that may be updated and revised, from time-to-time as needed, to adapt to the needs of both the community and the City.

II. Policy
A. If it is determined that a building permit application is subject to HOA approval and HOA approval was not included as part of the application, it will be checked against the latest copy of the HOA boundary map maintained by the Planning Division to determine if the property listed on the application is located within an HOA boundary.

B. If it is determined that HOA approval is required, Staff shall do the following:

1. Notify the HOA immediately in writing, by filling out and sending the attached form, that an application has been submitted.

2. If there is no resolution of the issue(s), the permit shall be issued thirty (30) days from the date the HOA was notified. This 30-day period is to permit time for the Applicant or HOA to resolve issues or allow time for the HOA to take any actions required should resolution not be achieved.

3. Should an HOA representative contact Development Services Staff either verbally or in writing, Staff will contact the Applicant and inform them of the HOA's concerns and strongly encourage the Applicant to work out any concerns with the HOA.

C. The letter from the HOA must, at a minimum, be dated and signed by an authorized representative of the HOA’s board, such as the President, Vice President, Architectural Exhibit “A”
689
City of Palm Desert Policy DS-001 Page 2
Committee President and/or Landscape Committee President. Specific reference should be made to the plans and date of plans, to avoid misunderstanding should a revised set be submitted.

As board members change quite frequently and official letterhead is not always available, Staff shall do its best to ascertain authenticity of the approval letters, such as checking against latest City HOA listing. Beyond this, the City is not in a position to track and maintain lists of each authorized HOA representative and therefore accepts the written representations supplied by the Applicant.

D. Plan revisions shall be at the judgment of the plan reviewer if further HOA approval is needed. Generally, only major revisions or revisions that would change approved construction materials or aesthetic treatment need to be resubmitted by the Applicant for HOA approval.

E. The City’s request for HOA approval as part of a building permit application does not supersede any requirements set forth in any applicable Municipal Code section, General Plan, Building Code standards, or state law. Lack of HOA approval will not necessarily result in rejection of the permit application.

III. Exemptions
The following building permit applications shall be exempt from this policy:
 Any interior modifications to habitable structures that do not have an impact on the structures' exteriors (except for shared-wall units).  Accessory Dwelling Units
 Solar Panels or battery storage
 HVAC Replacement (Existing location only)
 Electrical Panel upgrades
 Water Heater Replacement (Existing locations only)
IV. Appeals
This policy, and any decisions made thereunder, shall be appealable to the City Manager. 690
City of Palm Desert Policy DS-001 Page 3
SAMPLE "A"
[DATE]
TO:

ATTN: HOA Representative(s)
SUBJECT: Permit Application No.:

Address:

The Applicant, [NAME], has applied to the City of Palm Desert Building Division to install the below-described improvements. The City will hold the permit application until [MONTH/DAY] , [YEAR] (30 days from the date of this notice), to permit the Homeowners Association to resolve any outstanding issues. Should the issues not be resolved by the above date, a permit will be issued on, [MONTH/DAY], [YEAR] (30 days from the above date). If you have concerns, please contact the Building Division.

PROPOSED WORK:
__________________________________
[STAFF NAME/PHONE NUMBER/EMAIL]
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City of Palm Desert Policy DS-001 Page 4
SAMPLE "B"
DO YOU NEED HOMEOWNER ASSOCIATION APPROVAL?
Homeowner Associations (HOAs) are set up in many areas of the City to provide for such things as common area maintenance and improvements, control of individual exterior improvements, and to provide consistency with applicable Covenants, Conditions & Restrictions (CC&Rs). The CC&Rs were set up when the subdivision was first developed and provide guidelines to ensure that certain standards are continually met. Depending on the area in which you live, these standards can control the color of your unit, roof composition, architectural and landscape treatment, parking, etc. Consequently, the City supports the many HOAs and requires, in many instances as discussed below, HOA approval prior to City issuance of permits.

When is HOA approval needed?
You need HOA approval whenever you live in an area controlled by a HOA and you are planning to do work that may change or modify exterior architecture, color, landscape, etc.

When is HOA approval not needed?
Generally, HOA approval is not required when you are doing any of the following:
 Any interior modifications to habitable structures that do not have an impact on the structures' exteriors (except shared-wall units).
 Accessory Dwelling Units
 Solar Panels or battery storage
 HVAC Replacement (Existing location only)
 Electrical Panel upgrades
 Water Heater Replacement (Existing locations only)
What do I have to submit to the City?
If HOA approval is required, you must submit a letter from your board, signed by an authorized representative, approving the changes you are proposing.

What if I cannot get HOA approval?
If you cannot obtain approval, the City will notify the HOA board and withhold permit issuance for thirty (30) days to allow the HOA time for input.
692

HOMEOWNER ASSOCIATION

BUILDING PERMIT NOTIFICATION
POLICY

CITY COUNCIL
DECEMBER 12, 2024
693
Building Permit Submitted - No HOA Sign Off
Permit Submitted
City notifies HOA that approval not
provided
Permit routed for review
30 Day (Cure) Period Permit Issued
HOA requirements cannot supersede
City’s adopted regulations
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694
12/12/2024 HOA BUILDING PERMIT NOTIFICATION POLICY
3 695
Exemptions
 Interior modifications that do not have an impact on the structures' exteriors (Except common-wall units)
 Accessory Dwelling Units
 Solar Panels or Battery Storage
 HVAC Replacement (Existing locations only)
 Electrical Panel Upgrades
 Water Heater Replacement (Existing locations only)
12/12/2024 HOA BUILDING PERMIT NOTIFICATION POLICY 4
696
Questions
12/12/2024 HOA BUILDING PERMIT NOTIFICATION POLICY 5
697
698

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 12, 2024
PREPARED BY: Randy Chavez, Deputy Director of Public Works Chris Gerry, Senior Project Manager
SUBJECT: AWARD A CONTRACT TO CROSSTOWN ELECTRICAL AND DATA, INC.,

OF IRWINDALE, CALIFORNIA, FOR THE DINAH SHORE DRIVE
CORRIDOR PROJECT (PROJECT NO. MST00001)
RECOMMENDATION:

1. Award a contract to Crosstown Electric and Data, Inc., of Irwindale, California, for the Dinah Shore Drive Corridor Project in the amount of $295,783, plus a contingency of $30,000 for unforeseen conditions.

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

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

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

BACKGROUND/ANALYSIS:

In April 2021, the City Council awarded a contract to Kimley Horn and Associates (Consultant) to evaluate the capacity and operations at 50 intersections. The task identified locations that are deficient based upon criteria including safety, level of service, and traffic operations.

The study included the intersection of Monterey Avenue and Dinah Shore Drive. This intersection experiences high traffic volumes driven by demand from the retail stores and gas station. Conflicts between westbound traffic along Dinah Shore Drive are intensified by the difficulty of merging into the northbound lane (curb lane), which transitions from a southbound slip lane on Monterey Avenue, creating a high-risk zone for collisions. In fact, the intersection reported 57 collisions over a five-year period, revealing a pattern of safety challenges.

In March 2023, the City Council amended its contract with the Consultant to include the design of the Dinah Shore Drive Corridor Project (Project). The Project aims to improve traffic flow and safety along the corridor through updated lane striping, enhanced signage, and pedestrian crosswalks for greater visibility. Additionally, it includes traffic signal upgrades (including cabinets), optimized signal timing, and the installation of delineators to guide traffic and improve lane separation. The design also restricts westbound traffic from making right turns onto Carver Place, except from the curb lane.

This approach aims to reduce traffic conflicts caused by vehicles making unsafe lane changes while turning right into the Costco gas station.

Staff have also maintained ongoing communication with the City of Rancho Mirage and Costco representatives throughout the design process. Costco, being familiar with traffic challenges associated with their locations, has consistently been a cooperative partner in these discussions. 699
City of Palm Desert
Dinah Shore Corridor Project

Page 2 of 2 ends

Staff will develop a comprehensive communication plan ahead of construction to coordinate stakeholder interests and ensure the community is effectively informed as well.

On October 15, 2024, the project was advertised for proposals through the City’s bid management portal OpenGov (PROJECT ID: MST00001), and on November 14, 2024, received the following two bids electronically:

Contractor Location Total Bid
Crosstown Electrical and Data, Inc. Irwindale, CA $295,783.00 Econolite Systems, Inc. Anaheim, CA $326,388.00
Crosstown Electric and Data, Inc., submitted the lowest responsive bid. The bid has been reviewed and found to be in compliance with bid requirements. The references were contacted, and they confirmed the contractor has successfully completed projects of similar scope recently.

Legal Review:

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

FINANCIAL IMPACT:

The Dinah Shore Drive Corridor Project is included on the approved Fiscal Year 2024/25 Capital Improvement Project (CIP) List under Traffic Operation and Capacity Improvements. A total of $1,019,380.00 has been allocated from Measure A Account No. 2134250-5000907; therefore, there is no financial impact on the General Fund.

The table below outlines the project’s funds and expenditures for FY 2024/25:

Description Budget Contract Balance
Account No. 2134250-5000907 $750,000
C41380 – Kimley Horn $269,380 $269,380
*Construction - Crosstown $295,783
*Contingency $30,000
Total $1,019,380 $595,163 $424,217
*Current request
ATTACHMENTS:

1. Contract

2. Payment and Performance Bonds

3. Contractor’s Proposal

4. Vicinity Map

5. Project Overview
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BBK 72500.00001\32374943.1

CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 12th day of December, 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 Crosstown Electric and Data, a Corporation, with its principal place of business at 5454 Diaz Street, Irwindale, California, 91706 ("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:

Dinah Shore Drive Corridor Project
Project No. MST00001
(hereinafter referred to as “the Project”).

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

ARTICLE 2. TIME FOR COMPLETION.

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

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of TWO HUNDRED NINETY FIVE THOUSAND SEVEN HUNDRED EIGHTY THREE Dollars ($295,783.00). 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 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 701
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exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

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. 702
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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. [Reserved.]
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 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. 705
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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 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.
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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.

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 707
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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 CROSSTOWN ELECTRICAL AND DATA, 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

CROSSTOWN ELECTRICAL AND DATA, A

CORPORATION
By:

David P. Heermance
President
By:

Andrea Heermance
Secretary
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
709
710
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 Crosstown Electrical and Data, Inc., (hereinafter referred to as the “Contractor”) an agreement for Dinah Shore Drive Corridor Project (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 December 12, 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, Crosstown Electrical and Data, 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 Ninety Five Thousand Seven Hundred Eighty Three Dollars, ($295,783.00), 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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(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.
[SIGNATURES ON NEXT PAGE]
712
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.
713
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
714
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
715
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 December 12, 2024, has awarded to Crosstown Electrical and Data, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

Dinah Shore Corridor Project (the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated December 12, 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 Ninety Five Thousand Seven Hundred Eighty Three Dollars, ($295,783.00) 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 716
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.
[SIGNATURES ON NEXT PAGE]
717
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.
718
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
719
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
720
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001
Dinah Shore Drive Corridor Project
RESPONSE DEADLINE: November 14, 2024 at 2:00 pm
Report Generated: Tuesday, November 19, 2024
Crosstown Electrical & Data, Inc. Response

CONTACT INFORMATION
Company:

Crosstown Electrical & Data, Inc.

Email:
[email protected]
Contact:

David Heermance
Address:
5454 Diaz St
Irwindale, CA 91706
Phone:
(626) 813-6693
Website:

N/A
Submission Date:

Nov 14, 2024 1:35 PM (Pacific Time)
721
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001
Dinah Shore Drive Corridor Project
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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 MST00001 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.
722
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Dinah Shore Drive Corridor Project
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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). 723
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001
Dinah Shore Drive Corridor Project
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project

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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.

E-Bid Bond via Surety2000 (submitted electronically under E-Bid Bond)

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: SCA1108444017
Vendor ID: 19225

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

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Click to Verify Value will be copied to clipboard
724
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001
Dinah Shore Drive Corridor Project
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6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...

AD_-_DESIGNATION_OF_SUBCONTRACTORS.pdf

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

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. 725
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001
Dinah Shore Drive Corridor Project
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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. 1000000155
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. 726
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001
Dinah Shore Drive Corridor Project
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project

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756309
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 is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

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

TRUCRS_Certificate_Crosstown_245202.pdf
DOORS_Cert_-_Crosstown_Exp_2.28.2025.pdf
Chrisp_CARB.pdf
Chrisp_Off-Road.pdf
Smithson_Doors-CARB.pdf

15. Type of Business*
C Corporation (if corporation, two signatures are required) 727
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001
Dinah Shore Drive Corridor Project
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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.

CROSSTOWN ELECTRICAL & DATA, INC.

Click to Verify Value will be copied to clipboard

17. How many years has Bidder’s organization been in business as a Contractor? * 26 YEARS

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
1)
DAVID P. HEERMANCE

PRESIDENT
5454 DIAZ ST., IRWINDALE, CA, 91706
[email protected]
626-813-6693
2)

ANDREA HEERMANCE
728
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001
Dinah Shore Drive Corridor Project
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project

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SECRETARY
5454 DIAZ ST., IRWINDALE, CA, 91706
[email protected]
626-813-6693

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

PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Dinah Shore Drive and Shoppers Lane Intersection Modifications 1 LS $73,245.00 $73,245.00 2 Dinah Shore Drive and Monterey Avenue Intersection Modifications 1 LS $222,538.00 $222,538.00 TOTAL $295,783.00
729

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

SMITHSON
ELECTRIC, INC.
1938 E
KATELLA AVE.,

ORANGE, CA
92867

TRAFFIC
614518 1000001610 LOOPS

SIGNING &

STRIPING
CHRISP

COMPANY
2280 SOUTH
LILAC AVE.,

BLOOMINGTON,
CA, 92316 374600 1000000306

7.65& OF

TOTAL BID

2.19% OF

TOTAL BID
730
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)
731

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: ________________________________
CROSSTOWN ELECTRICAL & DATA, INC. C-CORPORATION 5454 DIAZ STREET, IRWINDALE, CA, 91706 626-869-0192 626-813-6693 [email protected] 26 YEARS 26 YEARS NONE 10/13/1998 CALIFORNIA DAVID P. HEERMANCE ANDREA HEERMANCE BENJAMIN HEERMANCE 732

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

CROSSTOWN IS AN ELECTRICAL AND GENERAL CONTRACTOR FOCUSED ON

INTELLIGENT TRANSPORTAION SYSTEMS, FIBER OPTIC COMMUNICATION, AS

WELL AS CONSTRUCTION SUCH AS TRAFFIC SIGNAL INSTALLATION, STREET LIGHTING, VIDEO DETECTION, CONDUIT AND PULL BOXES. NONO NEXTECH SYSTEMS, JANNA MCKHANN, 949-916-2664 - 13885 ALTON PARKWAY, STE. A, IRVINE, CA CSC/ANIXTER, SOCORRO LAZALDE, 714-670-5858 - 6251 KNOTT AVE., BUENA PARK, CA ETHERWAN SYSTEMS, STEVE FRANK, 714-350-1682 - 2301 E. WINSTON RD., ANAHEIM, CA 733
28314.00015\41921969.1
Project No. 2019-03 - 24 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM
B. LIST OF CURRENT PROJECTS (Backlog)
[***Duplicate Page if needed for listing additional current projects.***] Project Description of
Bidder’s Work
Completion
Date
Cost of Bidder’s
Work
Contact Name &
Phone

COACHELLA
VALLEY

ASSOCIATION OF

GOVERNMENTS

FURNISH & INSTALL

CONDUIT, WIRELESS

SYSTEMS, FIBER CABLE
& COMMUNICATION

EQUIPMENT

ERIC COWLE
760-346-1127 4/2025 $88,704,608.00

CITY OF

LOS ANGELES

TRAFFIC SIGNAL

INSTALLATIONS
& MODIFICATION
5/2025 $10,314,023.95
CALTRANS 07-337804 FIBER AND
COMMUNICATION 9/2024
$436,400.00

CITY OF RIVERSIDE CONDUIT, CONTROLLER
REPLACEMENTS 11/2024 $1,994,740.00

LA COUNTY
TSD001706, EAST LA CABLE, CONDUIT, TS 2/2025 $1,138,656.00

SANTA CLARITA,
CITYWIDE FO UPGRADE FIBER, CONDUIT 1/2025 $3,289,432.00

SANTA ANA, FREMONT
AND SPURGEON CONDUIT, PULL BOXES 10/2024 $470,565.00

LA COUNTY,
LEFFINGWELL ROAD CONDUIT, PB, CABLE 12/2024 $1,320,987.00

IRVINE,
BARRANCA PARKWAY TS MOD, CONDUIT, PB 11/2024 $2,182,311.00

BAKERSFIELD,
ADVANCED TRAFFIC MGMT CONTROLLERS, COMM 12/2024 $2,300,000.00 RTE. 405 DESIGN/BUILD COMMUNICATION/ 10/2025 $2,860,000.00

FIBER/CCTV

DESERT HOT SPRINGS,
HSIP CYCLE 9

TS, CONDUIT, FIBER,
PB'S 7/2024 $355,676 (ESTIMATED DATE)

CESAR ROMO
661-286-4002

JOSE CASTELLANOS
951-826-5311

ARLENE TALKINGTON
323-518-4400 JFL

ELISA RENTERIA
323-458-3112

EDGAR SANTANA
661-852-2120

DAVID WILTFONG, ONYX
714-632-6699

GGGGGGGGGGGGGGGGGGGGGGGGG
734
28314.00015\41921969.1
Project No. 2019-03 - 25 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[***Duplicate Page if needed for listing additional completed projects.***] Please include only projects that are similar in size, scope and complexity to the Work to demonstrate Bidder’s ability to perform the required Work.

Work Client
Description of
Bidder’s Work
Period of
Performance
Cost of Bidder’s
Work
Contact Name &
Phone

COACHELLA VALLEY

ASSOCIATION OF

GOVERNMENTS

FURNISH & INSTALL

CONDUIT, WIRELESS

SYSTEMS, FIBER CABLE
& COMMUNICATION
EQUIPMENT $21,504,505.68

ERIC COWLE
760-346-1127

CITY OF

SANTA CLARITA

FURNISH & INSTALL

CONDUIT FIBER CABLE
& COMMUNICATION
EQUIPMENT $2,677,098.81

CESAR ROMO
661-286-4002

CITY OF

LA HABRA

CONDUIT, PULL BOXES, FIBER,
COMMUNICATION EQUIPMENT $1,528,364.00

MICHAEL PLOTNIK
562-383-4151
08/2021
07/2023
07/2022
12/2022

COMPLETED
06/2021

DEPARTMENT OF

TRANSPORTATION

ON-CALL AND/OR SCHEDULED

MAINTENANCE SUPPORT &

REPAIR FOR THE TRAFFIC

MANAGEMENT SYSTEM

ELEMENTS, COMMUNICATION

INFRASTRUCTURE, HUBS, &
CABINETS IN DISTRICT 7&8,

TO INCLUDE NECESSARY REPAIR,

TESTING, SPLICING, RESTORATION TO

MAINTAIN THE SYSTEM AS WELL AS

MAINTAIN OUTSIDE PLANT INFRASTRUCTURE

SUCH AS WIRELESS & FIBER OPTIC/COPPER
COMMUNICATION.

COMPLETED
11/2022 $882,804.00

DEAN CAMPBELL
916-859-7960

CITY OF

BERVERLY HILLS

VIDEO DETECTION &

COMMUNICATION

EQUIPMENT

COMPLETED
09/2021 $1,409,504.00

MANU DHALIWAL
310-285-2452

CITY OF

SAN DIMAS

CONDUIT, PULL

BOXES, FIBER,

ETHERNET SWITCHES,

COMMUNICATION

EQUIPMENT

COMPLETED
07/2021 $942,938.00

STEVE BARRAGAN
909-394-6247

CITY OF

ANAHEIM

INSTALL SUBSTRUCTURES
& SECONDARY CABLES,

REPLACE EXISTING STREET

LIGHT POLES THAT ALLOW

CELL ANTENNAS

ON TOP OF POLES

COMPLETED
10/2022 $356,855.00

JOHN THAI
714-765-5176

DEPARTMENT OF

TRANSPORTATION

ON-CALL AND/OR SCHEDULED MAINTENANCE

SUPPORT & REPAIR FOR THE TRAFFIC

MANAGEMENT SYSTEM ELEMENTS,

COMMUNICATION INFRASTRUCTURE, HUBS,
& CABINETS IN DISTRICT 7&8, TO INCLUDE

NECESSARY REPAIR, TESTING, SPLICING,

RESTORATION TO MAINTAIN THE SYSTEM

AS WELL AS MAINTAIN OUTSIDE PLANT

INFRASTRUCTURE SUCH AS WIRELESS &
FIBER OPTIC/COPPER COMMUNICATION.

COMPLETED
04/2023 $5,917,281.00

RICK ARROYO
213-793-9480

GGGGGGGGGGGGGGGGGGGGGGGGG
735
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.

RICARDO AVILA - CONSTURCTION SUPERINTENDENT - 50% ALLOCATION STATE CERTIFIED ELECTRICAN, OSHA 10/30 CERTIFIED, TRENCH EXCAVATION TRAINED RICARDO AVILA - 15 YEARS OF CONSTRUCTION EXPERIENCE MR. AVILA HAS MANY YEARS OF EXPERIENCE SUPERVISING MULTIPLE CREWS FOR CONSTRUCTION AND ELECTRICAL INSTALLATIONS FROM START TO FINISH. HE IS EXCELLENT AT TROUBLESHOOTING AND SOLVING PROBLEMS, HE HAS

IN-DEPTH KNOWLEDGE OF CONSTRUCTION CONCEPTS AND PROCEDURES AND IS ABLE TO SOURCE THE NECESSARY MATERIAL TO COMPLETE PROJECTS. HE HAS UTILIZED HIS EXPERIENCE IN THE INSTALLATION OF CONDUIT, PULL

BOXES, FIBER CABLE, COPPER CABLE, TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATIONS, AND HAS TRAINED DOZENS OF OTHERS USING HIS SKILLS AND KNOWLEDGE.
736
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:

_______
NONE
737
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Home  Contractor  Crosstown Electrical & Data, Inc.

Crosstown Electrical & Data, Inc.

Contractor
Contractor business email
[email protected]
Contractor c ation eff date
2022-07-01
Contractor first name
David
Contractor mailing city

IRWINDALE
738
Contractor mailing state
CA
Contractor mailing zip
91706
Contractor physical city
Irwindale
Contractor physical state
CA
Contractor physical zip
91706
Contractor certify date
2022-05-25
Contractor company type
Corporation
Contractor craft legacy
Electrician; Laborer; Operating Engineer
Contractor craft snow
Contractor c ation exp date
2025-06-30
Contractor date deactivated
Contractor dba name
CROSSTOWN ELECTRICAL & DATA, INC.
739
Contractor entity number
C2122963
Contractor ID
1000000155
Contractor last name
Heermance
Contractor mailing address2
Contractor physical address1
5454 Diaz Street
Contractor physical address2
Contractor source
SNOW
Contractor wc cert date
2023-06-03
Contractor wc exp date
2024-06-03
Contractor wc policy number
UB-7W504031
Contractor wc selection
Insured by carrier
Contractor legal entity name
740
Crosstown Electrical & Data, Inc.

Contractor mailing address1
5454 DIAZ ST.

Contractor wc carrier
CROSSTOWN ELECTRICAL & DATA, INC.

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Copyright 2024 State of California
741
742
743
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744
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CHRISP COMPANY
2/28/2025
17281
http://www.arb.ca.gov/doors/compliance_cert1.html
745
746
747
748
Vicinity Map
Copyright nearmap 2015
City Boundaries
Project Area
11/19/2024 0 0.05 0.1 0.2 mi
0 0.1 0.2 0.4 km
1:8,892
749
750
Attachment 5 - Project Overview Legend
Traffic Flow
Traffic Delineation
New Equipment & Striping
Crosswalk Improvements
751
752

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 12, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: PUBLIC HEARING TO CONSIDER THE ISSUANCE OF TAX-EXEMPT

BONDS BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY IN

SUPPORT OF FINANCING IMPROVEMENTS TO HAZELDEN BETTY

FORD FOUNDATION'S HEALTH CARE FACILITIES
RECOMMENDATION:

1. Conduct a public hearing under the Tax Equity and Fiscal Responsibility Act of 1982 and the Internal Revenue Code of 1986, as amended, and the related Treasury Regulations, on the proposed issuance of tax-exempt bonds by the California Public Finance Authority.

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

PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE BONDS BY

THE CALIFORNIA PUBLIC FINANCE AUTHORITY ON BEHALF OF HAZELDEN BETTY

FORD FOUNDATION AND REQUESTING TO JOIN THE CALIFORNIA PUBLIC FINANCE AUTHORITY AS AN ADDITIONAL MEMBER.”
BACKGROUND/ANALYSIS:

The California Public Finance Authority (CalPFA)
CalPFA was established in May 2015 under a Joint Exercise of Powers Agreement (JPA). Its purpose is to support economic, cultural, and community development by assisting local governments, nonprofit organizations, and businesses with the issuance of taxable and taxexempt bonds. These efforts aim to improve the standard of living throughout California. To date, more than 50 cities and counties have become members of CalPFA.

The JPA establishes CalPFA as a public entity, separate from its member agencies.

Consequently, the debts, liabilities, and obligations of CalPFA are not those of its members.

Hazelden Betty Ford Foundation Request
The Hazelden Betty Ford Foundation ("Hazelden") is a Minnesota nonprofit corporation that operates addiction and mental health treatment facilities throughout the United States, including approximately 15 properties within the City of Palm Desert. Hazelden has requested that CalPFA issue up to $45,000,000 in tax-exempt revenue bonds (the "Bonds"). Of the total amount, approximately $1,000,000 will be allocated specifically to their Palm Desert properties (the "Project") for the following purposes:
 Routine capital improvements to Hazelden facilities located at multiple addresses along Daisy Lane in Palm Desert, California.
 Payment of capitalized interest, if applicable.
 Covering issuance costs related to the Bonds.
753
City of Palm Desert
TEFRA Public Hearing for Hazelden Betty Ford

Page 2 of 2 ends

Federal Requirements
To qualify as tax-exempt bonds under federal law, the issuance must comply with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). As required by Section 147(f) of the Internal Revenue Code of 1986 and associated Treasury regulations, the City of Palm Desert must:

1. Conduct a public TEFRA hearing to allow community members to express their views about the use of tax-exempt bonds for this project.

2. Approve the issuance of the Bonds by adopting a resolution, as the project is within the City’s jurisdiction.

City’s Responsibilities and Obligation
The City’s involvement is limited to holding the TEFRA hearing and adopting a resolution (see Attachment A) to meet federal requirements. The attached resolution includes the following conditions:
 The Bonds will be solely the financial responsibility of Hazelden.  The City will have no financial, legal, or moral obligation regarding the Bonds, the Project, or repayment.
 Clear disclaimers will be included in all bond-related documents, confirming that neither the City nor the State of California bears any liability for the Bonds.

To proceed with the Bond issuance, the City of Palm Desert must conduct a TEFRA hearing and adopt a resolution approving the issuance of the Bonds by CalPFA. The City’s involvement is limited to these procedural steps, with no financial or legal obligations for the Project or the repayment of the Bonds.

Notice of the TEFRA Hearing was provided in accordance with Section 147(f) of the Internal Revenue Code of 1986, and the associated Treasury Regulations.

Legal Review:

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

FINANCIAL IMPACT:

There is no fiscal impact or liability to the City associated with the approval of this item.

ATTACHMENT:

1. Draft Resolution
754
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, APPROVING THE

ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA

PUBLIC FINANCE AUTHORITY ON BEHALF OF

HAZELDEN BETTY FORD FOUNDATION AND

REQUESTING TO JOIN THE CALIFORNIA PUBLIC

FINANCE AUTHORITY AS AN ADDITIONAL MEMBER
WHEREAS, Hazelden Betty Ford Foundation (the “Corporation”), a Minnesota nonprofit corporation and organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the “Code”), has requested that the California Public Finance Authority (the “Authority”), a political subdivision of the State of California organized under and pursuant to the provisions of Title 1, Division 7, Chapter 5 of the California Government Code, as amended (the “Act”), issue one or more series of health care facilities revenue bonds, in an aggregate principal amount not to exceed $45,000,000 (the “Bonds”), and loan the proceeds thereof to the Corporation to finance, among other purposes (a) the improvement of the Corporation’s facilities located at 74091, 74085, 74079, 74073, 74067, 74061, 74055, 74049, 74052, 74058, 74064, 74070, 74076, 74082, and 74088 Daisy Lane, in Palm Desert, California (the “City”), including routine capital improvements (the “Palm Desert Project”); (b) payment of capitalized interest, if any, on one or more series of the Bonds; and (c) payment of issuance costs of the Bonds; and WHEREAS, proceeds of the Bonds in the approximate amount of $1,000,000 will be allocated to the Palm Desert Project; and
WHEREAS, Section 147(f) of the Code requires that the issuance of the Bonds be approved by the applicable elected representative of each governmental unit having jurisdiction over the area in which the financed facility is located, after a public hearing following reasonable public notice; and
WHEREAS, the Palm Desert Project is located within the territorial limits of the City; and
WHEREAS, the members of this City Council are the applicable elected representatives of the City; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of the Joint Exercise of Powers Agreement relating to the California Public Finance Authority dated as of April 11, 2017 (the “Agreement”); and
WHEREAS, the City now desires to become an Additional Member (as defined in the Agreement) pursuant to the provisions of the Agreement; and 755
2 WHEREAS, this City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority.

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

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

SECTION 2. The City hereby requests to join the Authority as an Additional Member pursuant to the provisions of the Agreement.

SECTION 3. It is the purpose and intent of the City Council, as the "applicable elected representative" of the governmental unit having jurisdiction over the area in which the Project is located, that this Resolution constitutes: (a) "issuer" approval and "host" approval of the issuance of the Bonds, for the purposes of Section 147(f) of the Code and the Treasury Regulations thereunder, and (b) approval of the issuance of the Bonds for the purposes of the Agreement.

SECTION 4. The City hereby consents to and approves the issuance of the Bonds by the Authority, for the financing of the Palm Desert Project. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Bonds by the Authority for the purposes of Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Palm Desert Project is located, in accordance with said Section 147(f).

SECTION 5. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party.

The City shall have no responsibility or liability whatsoever with respect to the Bonds.

SECTION 6. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing with respect to the Palm Desert Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit, or other action necessary with respect to the Palm Desert Project; (iii) make any contribution or advance any funds whatsoever to the Authority or the Corporation; or (iv) take any further action with respect to the Authority or its membership therein, and the scope of the City’s membership in the Authority is limited to approval of the Palm Desert Project and the Bonds.

SECTION 7. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of this resolution and the financing transaction approved hereby.

SECTION 8. This resolution shall take effect immediately upon its adoption. 756
3 ADOPTED ON ____________________2024.
____________________

JAN HARNIK
MAYOR
ATTEST:
____________________________
ANTHONY J. MEJIA

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
757

Palm Desert City CouncilDecember 12, 2024

Palm Desert City Council
December 12, 2024