Palm Springs City Council
September 14, 2023

Reference: Proposal for Design Change Order for WWTP Digester No . 2, Waste Gas Flare, & Filtrate PS Improvements Project No. 20-25 and 21-07 - Chemical Dosing System

DESIGN
Stantec will produce amendment drawings and specifications. Stantec’s design leads will meet with City’s operations team to understand the operations team preferences. Our team will:
 Conduct field investigations, review existi ng conditions, and collect all the required data;  Develop calculations to determine the ferrous chloride dosing required for reduction of digester gas sulfur concentrations;
 Review site location, existing structures, and utilities to optimize tank placement by minimizing pipe length and costs and by providing easy access to delivery trucks;  Develop a sloped slab design and structural calculations for secondary containment that drains to the sludge drying bed filtrate drain;
 Develop the design for an engineered canopy with metal roof;  Review contract document drawings to determine tubing diameter, head loss, and velocity in the chemical piping;
 Size chemical dosing pumps;
 Recommend I&C system that will be controlled by plant SCADA; and  Design connections to the nearest electrical equipment with capacity.

Deliverables:
 100% drawings and specifications Issued for Construction (IFC) of the chemical dosing system  Incorporate City’s comments at 100% design review into the final IFC deliverables.

Assumptions:
 Design is an addendum to the current design package with Steve P. Rados, Inc.  The City and Operations staff will have 7 business days for review  Drawings include the following:
o 3 sheets for Civil-Mechanical;
o 3 sheets for Structural;
o 3 sheets for Instrumentation; and
o 1 sheet for Electrical.
 Specifications including the following:

Item 1BB - Page 8
Design with communi ty in mind
July 5, 2023
Mr. Andrew Crider, PE

Reference: Proposal for Design Change Order for WWTP Digester No . 2, Waste Gas Flare, & Filtrate PS Improvements Project No. 20-25 and 21-07 - Chemical Dosing System
o Diaphra
gm Chemical Dosing Pumps;
o Chemical Piping;
o Secondary Containment;
o Polyethylene Tanks;
o Instrumentation (internal speed controller);
o Structural Reinforced Concrete Slab on Grade; and
o Engineered Canopy.

PROPOSED FEE AND SCHEDULE
To perform the proposed scope of services as described above, we propose a budget of $96,820 for the chemical dosing system design, with an optional $12,00 budget for an opinion of probable construction cost according to the task breakdown below. Work will be conducted on a time and materials basis, using the rates established in the Master Agreement between the City of Palm Springs and Stantec.

Task Description Fee
Task 1 - Chemical Dosing System Design $96,820
Stantec estimates to complete this task within 3 months of Notice to Proceed. We thank you for the opportunity to provide these engineering services. Please do not hesitate to e-mail or call me if you have any questions or would like any clarifications.

Regards,
Stantec Consulting Services Inc.

Venu Kolli, PE
Principal-In-Charge
Phone: 626 568 6073
[email protected]
Attachment: Stantec Fee Table
c.

Item 1BB - Page 9
Design with communi ty in mind
Project Company Stantec US Business Group Project Summary Total Fee Project Currency US Dollar Labour $72,320.00
Contract Type Time & Material Expense $500.00
Subs $24,000.00
Project Number 184031634 Total $96,820.00
Project Name WWTP Digester No.2 - Chemical Dosing Facility Client Name City of Palm Springs Planned Start Date Planned End Date Business Centre 1840 2023-07-10 2023-09-30
Project Manager Venu Kolli
Project Independent Reviewer April Victorino
Name Role Billing Rate Hours Sub-Total Fee
Cohen, Beth Civil / Mechanical $270.00 40.00 $10,800.00 Larson, Sean Project Engineer $200.00 68.00 $13,600.00 Sankaran, Nadarajan Instrumentation $260.00 96.00 $24,960.00 Wong, Bruce Electrical Engineer $220.00 48.00 $10,560.00 Bartos, Andy Civil / Mechanical $200.00 62.00 $12,400.00 Motwani, Mahesh Cost Estimator $200.00 0.00 $0.00
314.00 $72,320.00
Billing Rate Units Sub-Total Fee
$1.00 500.00 $500.00
$500.00
Billing Rate Units Sub-Total Fee
$1.00 24,000.00 $24,000.00
$24,000.00
Other Direct Costs
Expense
Capstone Structural Engineering
Subs
WWTP Digester No.2 - Chemical Dosing Facility Fee
Item 1BB - Page 10IJ
I J J
I J J

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT 23P184 TO
KIMLEY-HORN AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $649,179 FOR DESIGN SERVICES FOR THE DEMUTH PARK DEVELOPMENT PROJECT, CITY PROJECT NO. 21-16
RECOMMENDATION:

Approve Professional Services Agreement 23P184 with Kimley-Horn and Associates, Inc. in an amount not to exceed $649,179 for design services for the Demuth Park enhancement project, City Project 21-16.

1. Authorize the City Manager to execute all necessary documents.2.

Attachments
Item 1CC

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: A PPROVAL OF PROFESSIONAL SERVICES AGREEMENT 23P184 TO KIMLEY-HORN AND ASSOCIATES, INC. IN AN AMOUNT NOT TO
EXCEED $649,179 FOR DESIGN SERVICES FOR THE DEMUTH PARK DEVELOPMENT PROJECT, CITY PROJECT NO. 21-16

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

The Demuth Park Development Project (“Project”) is funded through Measure “J”. This action will award a professional design services contract to Kimley-Horn and Associates, Inc. in the amount of $649,179 for the Project to allow the City to proceed with the design and conceptual planning phase for site improvements within Demuth Park, creating a more functional park space for the community including a large and small dog park, paved parking lots, a 5-stall unisex restroom, pathways, drainage facilities, signa ge, and ADA compliance enhancements.

RECOMMENDATION:

1. Approve Professional Services Agreement 23P184 with Kimley-Horn and Associates, Inc. in an amount not to exceed $649,179 for design services for the De muth Park enhancement project, City Project 21-16.

2. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form for Kimley-Horn and Associates, Inc. is included as Attachment A.

BACKGROUND:

Demuth Park is a highly utilized public park located at 3601 E. Mesquite Avenue, Palm Springs, with various recreational amenities including a community center, playgrounds, restrooms, athletic courts and fields, picnic areas, parking lot areas, and two temporary Item 1CC - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
CP 21-16 Award Professional Agreement

dog park areas. The City of Palm Springs is proposing to make a series of site improvements to enhance Demuth Park for the community , improving its function and overall usability. The Project improvements include design of a permanent large dog park with ADA parking spaces, a small dog park, conversion of an existing 2.2-acre dirt lot into a 165-stall paved parking lot with drainage improvements, pavement of the Dem uth Community Center parking lot, pavement and drainage at the Little League parking lot, demolition o f an existing concrete stage, install ation of ADA drinking fountains , and sidewalk and pathway restoration.

Over the past few years, the Parks & Recreation Commission and members of the dog park community expressed the need for improved facilities at Demuth Park and the creation of additional dog park areas to help alleviate the significant overcrowding at the City Hall dog park area. The Dog Park Ad- Hoc Committee of the Parks & Recreation Commission has been working with Staff from the Parks & Recreation and Engineering Departments over the past year to advance the progress on the design phase of the Project. This new development will be utilized by the community for various recreational needs.

On August 16, 2022, the Parks & Recreation Department received notification that the City was awarded a Land and Water Conservation Fund grant (LWCF) to assist in the construction of the two Demuth dog parks and parking area components of the Project in the amount of $1,750,734. Grant requirements state that the City of Palm Springs match the grant amount.

The City has also allocated funding from Measure J for a new 5-stall unisex restroom, sidewalk restoration to meet ADA requirements, and replacement of drinking fountains to ADA requirements.

STAFF ANALYSIS:

Procurement and Contracting Staff issued a Request for Proposals (RFP) for Professional Design Services to solicit proposals from qualified engineering firms who specialize in these types of services. The requested RFP was written to ensure that the selected firm has demonstrated successful experience and capacity to provide civil design services to municipal government agencies similar to those required by the City.

On July 5, 2023, the RFP was published and made available to firms through PlanetBids

and advertised in The Desert Sun. Only one proposal was received from the firm below:

Kimley-Horn and Associates, Inc. Raleigh, North Carolina (Headquarters) and Palm Desert (Local Office)

Following a review of the technical and cost proposals by a selection committee, Kimley- Horn and Associates, Inc. was deemed qualified to complete the work . Staff conducted an interview to determine if Kimley-Horn understood the deliverables for the Project. After Item 1CC - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
CP 21-16 Award Professional Agreement

the interview, Staff met and determine d the cost proposal was deemed to be fair and reasonable for the work. Staff recommends that the City Council approve a Professional Services Agreement with Kimley-Horn and Associates, Inc. The agreement is included as Attachment B.

ENVIRONMENTAL ASSESSMENT
:

As part of this agreement, Kimley -Horn and Associates, Inc. will prepare the required CEQA documents. City Staff will review all CEQA documents prior to submission.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority Community Infrastructure, specifically 2A, Improve City Facilities, and master planning efforts for Parks and Recreation.

FISCAL IMPACT:

Staff has sufficient funds allocated from Measure J to cover the cost of the design of the Project. Staff plans to request funding for construction during the design period when it receives its cost estimate from Kimley-Horn and Associates.

REVIEWED BY:

Parks & Recreation Director: Yvonne Wise
Procurement & Contracting Director: Kim Baker
City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Attachment A - Public Integrity Form
B. Attachment B - Professional Service Agreement 23P184

Item 1CC - Page 3

Attachment A
Item 1CC - Page 4

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Dire ctors, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any resp onse is n ot a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity

________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Kimley-Horn and Associates, Inc.
73-700 Dinah Shore Drive, Unit 101, Palm Desert, CA 92210 North Carolina
See attached Principal Officers and Directors
list for Kimley-Horn and Associates, Inc.

Item 1CC - Page 5
✓
✓

7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of benefi cial interest in enti ty and name of entity]

I DEC LARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Associates Group Services, Inc.
100%, Kimley-Horn and Associates, Inc.

APHC, Inc.
100%, Associates Group Services, Inc.

APHC has no owners/investors with 5% beneficial interest Jean B. Fares, Sr. Vice President
June 30, 2023
Item 1CC - Page 6
-
-
-
I
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I I

Attachment B
Item 1CC - Page 7

CONTRACT SERVICES AGREEMENT 23P184

DEMUTH PARK DEVELOPMENT

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on September 18, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Kimley Horn and Associates, Inc., a North Carolina Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a civil engineering firm for design services for the Demuth Park Development (“Project”).

B. Contractor has submitted to City a proposal to provide design services under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

Item 1CC - Page 8

1.4 Familiarity with Work . By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $649,179.00.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

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

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; Item 1CC - Page 9

(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 Work); and (4) 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 the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation.

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of eight (8) months, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Frank Hoffmann, Vice President/ Project Manager . It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contr act Officer.

5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

Item 1CC - Page 10

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Jean Fares Principal-in-Charge
Frank Hoffmann Project Manager
Mike Sutton QC/QA Manager
Michael Madsen Assistant Project Manager
Chris Morlok Civil Engineer
Randall Kopff Landscape Architecture
Andrew Sanford Structural Engineer
Rich Lucera Drainage/Water Quality Engineer
Camden Cabrinha Surveyor
Kirk Ammerman ADA Specialist
Lisa Battiato Geotechnical Engineer
Item 1CC - Page 11

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Item 1CC - Page 12

Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’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, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Offi cer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above- referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

Item 1CC - Page 13

9. ENFORCEMENT OF AGREEMENT

9.1 California Law . This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Item 1CC - Page 14

Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e ., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor cer tifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre- paid, first-class mail to the addres s set forth below. Notice shall be deemed communicated seventy -two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Kimley-Horn Associates, Inc.

Attention: Frank Hoffmann
73-700 Dinah Shore Drive
Unit 101
Palm Desert, CA 92211

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of Item 1CC - Page 15

the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limi tation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

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

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[SIGNATURES ON NEXT PAGE]
Item 1CC - Page 16

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND KIMLEY-HORN ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: By:

Signature Signature
(2nd signature required for Corporation)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: Item No. Agreement No.

APPROVED AS TO FORM: ATTEST:

By: By:

City Attorney City Clerk

APPROVED:

By:

City Manager – over $50,000

Date:

Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1CC - Page 17

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,
Schedule of Fees
And
Schedule of Performance
Item 1CC - Page 18

SCOPE OF SERVICES

1.1 Scope: The general scope of work for the design services is as follows:

A. Large and Small Dog Parks (See Figure 2 and 3 for locations)

1. Park Signage

2. Two separate off leash spaces for small dogs and large dogs

3. ADA Access

4. Walkways

5. Five Outdoor shading structures

6. Perimeter Fencing and Security Gates

7. Pet Proof Fence and Gate which includes dog park entry corals

8. Agility Course Features

9. Surfaces Material for dog parks

10. Water wise landscaping, including trees and landscape mounds

11. Site Lighting

12. Automatic irrigation system

13. Site Amenities

14. Baseball field outfield netting between large dog park and baseball fields

15. Parking Lot with ADA compliance spaces

16. Drainage which utilizes “Low Impact Development” concepts with goal for full site infiltration.

17. Storm Water Mitigation – Water Quality Management Plan

18. Geotechnical Report which tests soils, includes filtration testing, and provides remediation recommendations if necessary

19. CEQA
B. Demuth Community Parking Lot and 2.2 Acre dirt lot next to the Demuth Community Parking Lot (See Figure 1 for location)

1. Combine the existing Demuth Community parking lot and a new 2.2-acre dirt lot into one parking lot. There is one entrance/exit of the parking lot. No additional entrance is required so Consultant must provide enough que for ingress/egress during events.

2. Grading, paving, and resurfacing details/ specifications along with striping details to maximize parking. No need to design for “Compact Cars” as there are a considerable about of Trucks and SUVS seen in our existing dog park.

3. Parking lot must be designed to comply with the California Building Code for ADA accessibility requirements as it relates to curb ramps, on-site ADA parking and continuous path of travel.

C. New Unisex 5 Stall Restroom w/2 ADA Stalls (See Figure 2 for location)

1. The City will provide its own plans and specifications for their standard Unisex 5-stall restrooms with 2 ADA compliant stalls. Consultant is to take the design documents and incorporate them into the overall project.

2. Consultant is to provide construction drawings for the restroom utility connections which include electrical, water and sewer.

D. Little League Parking Lot (See Figure 3 for location)

1. Design a new approach to deal with the flooding, including but not limited to Item 1CC - Page 19

improving the existing storm drain system.

2. Grading, paving, and resurfacing details/ specifications along with striping details to maximize parking. Parking lot must be designed to comply with the California Building Code for ADA accessibility requirements as it relates to curb ramps, on-site ADA parking and continuous path of travel.

E. Soccer Field Parking Lot

1. Design a new approach to deal with the flooding, including but not limited to improving the existing drainage.

F. Playground Stage Demolition (See Figure 4 for location)

1. The existing stage is not ADA compliance. The City and residents do not utilize the stage for use. The City plans to have the stage demolished for a future master planned facility. Provide a demolition plan for the existing concrete stage.

G. Sidewalk Restoration (See Figure 4 for location)

1. Per the exhibit, the City has several sidewalks in Demuth Park that are not ADA compliant. survey and prepare plans and specifications detailing the demo and the precise grades needed to make the sidewalk ADA compliance.

H. Drink Fountains (See Exhibit for locations)

1. In Demuth Park, there are eleven drinking fountains that are not ADA compliant. replace the existing fountains with ADA compliant drinking fountains. provide plans and specifications displaying the removal and installation of new ADA drinking fountains.

I. The Consultant will provide all labor, supplies, and materials necessary to produce and deliver documents, plans, specifications, cost estimates, schedules, and construction administration services throughout the c onstruction and close out phase of this project.

J. Schematic/Conceptual Design Phase Services tasks will include but are not limited to the following:

1. Lead on-site kick-off meeting with subconsultant team and City

2. Manage project and coordinate with City and subconsultant team

3. Project programming and visioning

4. Survey existing site conditions

5. Prepare schematic/conceptual design package (30%) for review and comment including:
a. Civil plans including demolition, grading, drainage, paving and utilities b. Landscape architectural plans
c. Structural Plans
d. Mechanical Plans
e. Plumbing plans
f. Electrical plans

6. Provide schedule

7. Provide Preliminary Cost Estimate

8. Provide utility research
K. Design Phase Services include but are not limited to the following tasks:

Item 1CC - Page 20

1. Upon approval of the schematic design (30%) and cost estimate, prepare design development package (60%) including:
a. Civil plans including demolition, grading, drainage, paving and utilities b. Landscape architectural plans
c. Structural plans
d. Mechanical plans
e. Plumbing plans
f. Electrical plans
g. draft (60%) technical specifications
h. preliminary cost estimate

2. Detailed cost estimating and marketplace conditions

3. Provide for construction phasing and scheduling that minimize interruption to residents

4. Geotechnical engineering and testing

5. Assist in the permitting processes

6. Coordinate with various City of Palm Springs departments, other agencies, utility companies, etc.

7. Protect the owner’s sensitivity to quality, safety, and environmental factors

8. Submit 60% package for City review

9. Make corrections and revisions based on City comments L. Construction Documents Phase

1. Upon approval of the design development package and cost estimate, prepare the construction documents and permit submittal. Tasks will include:
a. Civil plans including demolition, grading, drainage, and utilities b. Landscape architectural plans
c. Structural plans
d. Mechanical plans
e. Plumbing plans`
f. Electrical plans

2. Submit 100% CD package for final City and permit approval

3. Prepare final technical specifications at 100%

4. Review construction document package and cost estimate with the City M.B Bidding Phase

1. Upon approval of the construction documents and receipt of permits, the Consultant will support the City’s bidding process. Tasks will include:
a. Attend the pre-bid conference
b. Assist with bid addenda and clarifications in response to bidder questions c. Support City with bid evaluations as necessary
d. Make design modifications to reduce construction cost as needed N. Construction Administration/Observation Phase

1. Upon selection of contractor, Consultant will participate in construction administration/observation. Tasks will include:
a. Attend pre-construction conference
b. Attend construction meetings
c. Oversee project and coordinate with City and subconsultant team d. Review submittals and mock-ups
e. Respond to requests for Information (RFIs)
f. Review proposed substitutions, alternates and change orders g. Observe construction during monthly visits for consistency with design Item 1CC - Page 21

intent as conveyed in the construction documents
h. Attend substantial completion walk through
i. Review contractor punch list
j. Attend final completion walk through
k. Review contractor’s as-built drawings
O. Close-Out Phase

1. Contract close-out and post evaluation

2. Provide as-built drawings in CAD and PDF format

3. Coordinate and conduct warranty walk through

1.2 Deliverables:

Consultant shall provide design submittals, cost estimates, schedules, as -builts documents and reports as outl ines in the scope of work for the various phases of design.

Consultant shall provide construction observations reports, responses to request for information and review comments on submittals during the construction phase.

1.3 Schedule:

Design work will commence upon execution of contract and shall be completed within 8 months. It is anticipated that the bidding and construction will continue for a period of 15 additional months.

1.4 Compensation:

Work will compensate as outlined below. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract for additional work requested by the City.

Item 1CC - Page 22

Item 1CC - Page 23
FIGURE 2 - DEMUTH LARGE DOG PARK AND NEW PARK RESTROOM

Item 1CC - Page 24
filG URE 3- UTHE LEAGE PARK G lOif AND SM.AU. DOG PARK

Item 1CC - Page 25
FIGURE 4 - DEMOLISH OF STAGE ANO SIDEWALK HESTORATION

ITEM DESCRIPTION TOTAL
A All labor, supplies, and materials necessary to produce and deliver documents, plans, specifications, cost estimates, schedules, and construction administration services throughout the construction and close out phase of this project
$ 10,000.00
B Schematic/Conceptual Design Phase Services tasks $ 117,114.00 C Design Phase Services $ 336,125.00
D Construction Documents Phase $ 79,200.00
E Bidding Phase $ 19,680.00
F Construction Administration/Observation Phase $ 67,600.00 G Close-Out Phase $ 19,460.00
Total $ 649,179.00
Certified by: _________Jean B. Fares_______________________________________ Firm Name: _______Kimley-Horn and Associates, Inc.________________________ Signature of Authorized Person:__________________________________________ Printed Name: _______Jean B. Fares_____________________________________ Title: _____________Sr. Vice President___________________________________ Date: ____________June 30, 2023_______________________________________ COST PROPOSAL **REVISED**
REQUEST FOR PROPOSAL (RFP 33-23)

DEMUTH PARK DEVELOPMENT

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 “Cost Proposal”, NOT with Electronic File #1, Technical/Work Proposal*) ATTACHMENT “G”
Item 1CC - Page 26

EXHIBIT “B”

INSURANCE PROVISIONS

Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1CC - Page 27

INSURANCE

1. Procurement and Maintenance of Insurance . Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently w ith its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:

X required
is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance . For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage Item 1CC - Page 28

with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No. " or "f or any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with Item 1CC - Page 29

authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1CC - Page 30

Item 1CC - Page 31
ATTACHMENT "F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 33-23)

DEMUTH PARK DEVELOPMENT
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California ; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
/7t.. a,;- II- I .----z._..__
Signature :~ ezr..,.· - ----~' ----/ _____ _
Printed Name: Jean B. Fares
Title: Senior Vice President
Firm Name: Kimley-Horn and Associates , Inc.

Date: June 30 , 2023

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $948,324.50 FOR BARISTO SEWER LINE REHABILITATION, CITY PROJECT 23-15
RECOMMENDATION:

Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $948,324.50 for the Baristo Sewer Line Rehabilitation, City Project 23-15.

1. Authorize the City Manager to execute all necessary documents.2.

Attachments
Item 1DD

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: A PPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $948,324.50 FOR BARISTO SEWER LINE REHABILITATION, CITY PROJECT 23-15

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of this item will authorize Veolia Water West Operating Services, Inc. (“Veolia”) to proceed with the repair of the sewer pipe segments in Baristo Road.

RECOMMENDATION:

1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $948,324.50 for the Baristo Sewer Line Rehabilitation, City Project 23-15 (“Project”).

2. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Veolia Water West Operating Services, Inc . is a Delaware corporation; their subcontractor, Tunnelworks Services, Inc. , is a California corporation. Public Integrity Disclosure Forms for each company are included as Attachment A.

BACKGROUND:

On November 4, 2015, the City Council approved a Wastewater Services Agreement with Veolia for operations and maintenance of the City’s sewer collection system and the WWTP (Wastewater Treatment Plant).

During work on the Baristo Road Sewer Pipe Segment, City Project 22- 41, Veolia discovered more existing sewer mainline in Baristo Road deteriorating beginning at the intersection with South Sunrise Way and going easterly in Baristo Road to the intersection of South Farrell Drive and E. Baristo Road. Veolia and City Staff agreed to f ix the pipe Item 1DD - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Approval of NTP for CP 23-15

segments by hiring a contractor to coat the interior of the pipe to prevent future deterioration.

STAFF ANALYSIS:

In accordance with Section 5.3, “Capital Projects” of the Veolia Wastewater Services Agreement, Veolia recommended the City authorize a “Needed Capital Project”, and on April 25, 2023, the City authorized Veolia to proceed with the preparation of a request for proposals to repair the sewer pipe segments in Baristo Road.

On June 2, 2023, Veolia issued a request for bids for the Project from the following firms:

Ayala Engineering, Pipeline Works, Inc., Lucas Company, and Tunnelworks, Inc.

On June 15, 2023, at 11:00 am, Veolia received one proposal:

Company Location Bid Amount
Total w/markup
Tunnelworks Services, Inc. Whittier, CA $ 824,630.00 $948,324.50

Tunnelworks Services, Inc. submitted the lowest responsive, responsible bid. Staff has reviewed the bids and recommends Veolia proceed with the work with Tunnelworks Services, Inc. as described in their proposal dated J une 14, 2023, and included as Attachment B.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Baristo Sewer Line Rehabilitation, City Project No. 23-15, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically Priority 2B, 5-Year Capital Improvement Plan, in identifying high priority facilities.

FISCAL IMPACT:

Funds are available in the Wastewater Capital Improvement Projects Fund for this Project.

Item 1DD - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Approval of NTP for CP 23-15

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Proposal

Item 1DD - Page 3
Attachment A
Item 1DD - Page 4
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Mana gers, Trustees, Other Fiduciaries (please s pecify) Note: If any response is not a natural pers on, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_______________________________
__________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_______________________________
__________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Veolia Water West Operating Services, Inc.
53 State Street, 14th Floor, Boston, MA 02109
Delaware
x
x
William DiCroce x x
Jason Salgo x x
Robert Arendell x x
Item 1DD - Page 5
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM

(Revised 09 13.18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE

[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of
entity]
A.
[name of owner/investor]   [percentage of beneficial interest in entity and name of
entity]
B.
[name of owner/investor]    [percentage of beneficial interest in entity and name of
entity]
C.
[name of owner/investor]    [percentage of beneficial interest in entity and name of
entity]
D.
[name of owner/investor]    [percentage of beneficial interest in entity and name of
entity]
E.
[name of owner/investor]   [percentage of beneficial interest in entity and name of
entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Veolia Water North America-West, LLC 100% *
Item 1DD - Page 6
Continuation Page
Item 6, continued
John Gibson, officer
James Pawloski, officer
Daniel Mahoney, officer
Keith Oldewurtel, officer
Francis Ferrara, officer
Each of the persons listed in Item 6 (except James Pawloski) also serve as the officers of Applicant’s parent company Veolia Water North America-West, LLC, and William DiCroce, Jason Salgo, and Robert Arendell also serve as managers of Veolia Water North America-West, LLC. *
Item 1DD - Page 7
Item 1DD - Page 8

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
1tt~lww-b ~VI (.£/4. :live

2. Address of E~ (Principle Place of Business)
J 3S?J ~ JI- h11/,'ar I!/ WJ £k It£ w J,.M ~ cA ~061£

3. Local or California Address (if different than #2) · /}-~/.> /J,,,/4~/2,,~ a. I Wh,-1-&v I {A 9/J!oo I

4. State where Entitf is Registered with Secretary of State t11) /tJVyl~
If other than California, is the Entity also registered in California?  Yes D No

5. Type of Entity
~ Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers , Directors, Members , Managers , Trustees , Other Fiduciaries (please specify) Note: If any response is not a natural person , please identify all officers , directors , members , managers and other fiduciaries for the member, manager , trust or other entity t,J;/~~tyJ ()M~  Officer  Director  Member  Manager  General Partner  Limited Partner
~ Other /J~~1~7r7'f-
AJ,UJl€ l/4!d~2. ~ Officer  Director  Member  Manager  General Partner  Limited Partner
~ Other
~f"//£,1_ ~bro  Officer  Director  Member  Manager
 General Partner  Limited Partner
g}'.Pther U t.i? ,,4,£,dt::~

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
2021 SEWER COLLECTIO N SYSTEM REPAIRS
CITY PROJECT NO. 21-18
JUNE 2021

Item 1DD - Page 9

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE :

Jane Doe 50%, ABC Company , Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

VI.Jift~M ~,l'fb }t91)\_J_
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2021 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO. 21-18
JUNE 2021
---------- - -- -
Item 1DD - Page 10

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application , and seek a City approval determined by a vote of City officials. Examples include corporat ions, limited liability companies , trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions .

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance , codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in t he community are transparent and make disclosure as to their ownership and management , and further that those compan ies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?
You must file this form with the Office of the City Clerk, or designee , at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals) What Must I Disclose?

1. The names of all natural persons who are officers, directors, members, managers , trustees , and other fiduciaries serving trusts or other types of organizations (attorneys , accountants , etc.).

Notes:
(1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity.

Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate fonn.

2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions .

USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

CITY OF PALM SPRIN GS - PUB LIC INTEGRITY DISCLOSURE
(IN STRUCTIONS FOR APPLICANTS)
2021 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO. 21-18
JUNE 2021

Attachment B
Item 1DD - Page 11

July 6, 2023
Andrew Crider, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Regarding: 2024 BARISTO RD SEWER COLLECTI0N SYSTEM REHABILITATION PROJECT Dear Mr. Crider,

The purpose of this letter is to provide a proposal to the City of Palm Springs for a needed Capital Project to complete the rehabilitation of the Baristo Rd RCP portion of the sewer main, The project involves rehabilitating seven sewer line segments of 24- inch diameter and the 21-inch sewer main, totaling 2,826 feet of UV CIPP repairs and 15 lateral top hat repairs. This pipe segment is deteriorated and likely to fail. Therefore, we would like to request a Needed Capital Project to install a CIPP UV liner to ensure efficient repairs. As you can see from the list below, Tunnelworks Services Inc. is the only bid and who we would hire to complete this job with the City's Approval. We are considering this a Capital Projects and reference Section 5.3 Capital Projects form our Wastewater Services Agreement dated November 4, 2015 with the City of Palm Springs.

Vendor Proposal Amount 15% Markup Veolia Total
Ayala Engineering No Bid 0 0
Pipeline Works Inc. No Bid 0 0
Lucas Company No Bid 0 0
Tunnelworks Inc. $824,630 $123,694.50 $948,324.50

Section 5.3 Capital Projects from Wastewater Services Agreement dated November 4, 2015 states, in part:

5.3 (a) Defined. Capital Projects shall include a permanent physical expansion, addition or improvement to the Managed Assets, including the replacement of existing equipment or facilities with new or additional equipment or facilities as a result of old age, obsolescence or breakdown of such equipment or facility, which are (i) mutually agreed upon by the City and Veolia ("Agreed Capital Projects''); (ii) which are either directly as a result of a Change of Law or in order for the Treatment Facility to produce Effluent meeting the Effluent Specifications and result from (A) a Change of Law, (B) an Uncontrollable Circumstance, (C) actual or anticipated changes in Influent volumes and demands on the Managed Assets, or (D) repeated occurrences of Influent in volumes or concentrations that exceeds the Influent Specifications or that contains Abnormal Substances or Regulated Substances ("Needed Capital Projects''); or (iii) improve the efficiency, performance or reliability of the Managed Assets ("Desirable Capital Projects''). A Capital Project shall not include any Maintenance Work, as defined in Section 5.4, or any capital project initiated and implemented by the City associated with the generation of electricity by solar photovoltaic or equivalent technology at the Treatment Facility Site, (a "Solar PV Project''); the City, in its sole discretion, may determine to construct the Solar PV Project which will require direct interconnection with the existing electrical system at the Treatment Facility, and Veolia shall reasonably accommodate, to the extent necessary, with the City, or its consultant or contractor, in the design and construction of a Solar PV Project. The area of the Treatment Facility Site reserved by City for its use for the Solar PV Project is identified on the map depicting the Treatment Facility Site identified on Schedule B.

Item 1DD - Page 12

(e) Notice. Veolia shall provide to City notice of any Needed Capital Project or Desirable Capital Project. Veolia 's notice shall state the category of Capital Project, as set forth at Section 5.3 (a) above and whether the basis for the Capital Project is as a result of a Change of Law, an Uncontrollable Circumstance, an actual or anticipated change in Influent volumes and demands on the Managed Assets (and identify the specific asset affected), repeated occurrences of Influent in volumes or concentrations that exceeds the Influent Specifications or to improve the efficiency, performance or reliability of the Managed Assets. Veolia shall further provide City with a budget itemizing the anticipated costs of performing the Capital Project.

If you require any further information, please contact me at the facility. Sincerely;

Jose Lozano
Collections Systems Manager
Veolia Water West Operating Services, Inc./ Palm Springs Enclosure:

Map, CCTV Report, and Proposals
Cc: Douglas Loar, Project Manager
Item 1DD - Page 13
7/6/2023
Andrew Crider
Senior Civil Engineer
City of Palm Springs
3200 E
Tahquitz Canyon Way
Palm
Springs, CA 92264
Regarding: 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT Dear Mr. Crider,
We have identified several sewer line segments that need immediate rehabilitation due to cracks and deterioration occurring in multiple areas along the pipes. The project involves rehabilitating seven sewer line segments of 24-inch diameter and the 21-inch sewer main, totaling 2,826 feet of UV CIPP repairs and 15 lateral top hat repairs. We will use the UV CIPP lining method to ensure efficient repairs.

Our team is committed to completing the UV CIPP lining of the RCP portion of the sewer on Baristo as soon as possible. We have already completed the most challenging section of the RCP sewer, which was essential in ensuring the proper flow of wastewater to the treatment plant and maintaining the health and safety of our customers as our top priority.

On June 2nd, 2023, Veolia issued a Request for Proposals for Construction from four firms:
● Ayala Engineering
● Pipeline Works Inc
● Lucas Company
● Tunnelwork Inc
Only one of the four preselected contractors we requested bids from responded to our request for a proposal. Veolia received the following bid on June 15th, 2023:

Tunnelworks Inc - $824,630
Veolia North America
4375 Mesquite Ave
Palm Springs, CA 92264
tel. +1 760 323 8166
www.veolianorthamerica.com
Item 1DD - Page 14
Attachments:

A. 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT Job Cost Sheet
B. 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT Proposal from Tunneleworks Inc
C. 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT Request for Proposal (RFP) – June 2, 2023
Thank you for your time and attention.

Sincerely,
Jose Lozano
Collections Systems Manager
Veolia North America
4375 Mesquite Ave
Palm Springs, CA 92264
tel. +1 760 323 8166
www.veolianorthamerica.com
Item 1DD - Page 15
Attachment A
Item 1DD - Page 16

Palm Springs Wastewater Treatment Plant, Collections
Project Name: 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION

PROPOSAL COST FOR THE 2024 BARISTO RD SEWER COLLECTION SYSTEM

REHABILITATION PROJECT
Vendor Proposal Amount 15% Markup Veolia Total
Ayala Engineering No Bid 0 0

Pipeline Works Inc No Bid 0 0

Lucas Company No Bid 0 0

Tunnelworks Inc $824,630 $123,694.50 $948,324.50

Contractual Agreement Language: See Section 7.5 Direct Cost Items (Wastewater Service Agreement) Item 1DD - Page 17
Attachment B
Item 1DD - Page 18
Item 1DD - Page 19

BID RETURNABLES

INVITATION TO BID
2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT

LOCATED IN PALM SPRINGS, CA
Contractor must include with their quotation, in a sealed envelope, a two hard copies of the following by 11:00 A.M., Local Time, on the proposal due date: Thursday, June 15, 2023 .

Addressed to:

Veolia North America
Attn: Jose Lozano
4375 E. Mesquite Ave
Palm Springs, CA 92264
Project: 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT Bidding Company Name
Date

1. Proposal Form

2. 3.

4. S.

Bid Form(Attachment B)
List of Subcontractors
Bid Bond
Non-Collusion Affidavit
_6~_Contractor Safety Plan - Table of Contents

7. Propose alternates with supporting documentation . Please note: Any and all changes in material and equipment must be equivalent to what is specified and shall be approved by Veolia in writing 10 days prior to bid due date .

8. Sample Insurance Certificate

9. EMR rating on insurance company's letterhead

10. Preliminary Project Schedule Bar Chart
Exclusion of any required information may be cause for bid rejection .

Item 1DD - Page 20

PROPOSAL FORM

INVITATION TO BID
2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION Project

LOCATED IN PALM SPRINGS, CA
To: Jose Lozano
Collections Systems
Manager
Veolia North
America
4375 E Mesquite
Ave,
Palm Springs, CA
92264
Submitted By:
}t,~M-lf:I ~vwk.s. ~ J lO"O ::[r- G
(Legal Name)
(City, State, and Zip Code)
(Phone) .
c~~,'2) ~-s;> ,.. ;): 1 '!>if
(Date of Quotation) 00(! 1/(;µ_>J-3

1. This Proposal Form along with the Bid Form (Attachment B) shall be completed and submitted as required in the Returnable section of this Invitation to Bid.

2. This proposal is submitted in accordance with this Invitation to Bid for the construction of the 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION Project in Palm Springs, Ca.

3. Having carefully examined the contract documents, comprised of the invitation to bid, sewer reports and photos, specifications, and all documents incorporated and/or included therein, together with any addenda thereto affecting the work, the undersigned agrees to perform all labor, supervision, furnish all material, supplies, permits and equipment and to do all else necessary to complete the work as specified for the following amount:

4. 5.
ti'[)
Base Bid (dollars)-total of Bid Items 1-17 on the BID FORM $_-=$?:c....-:J-_ L/.-'-+-l ---'&J'--3_0 ______ _ A complete list of any Bid Exceptions or Clarifications shall be provided with the Proposal Form. If no Exceptions or Clarifications are taken, a form stating No Exceptions or Clarifications shall be provided with the Proposal Form.

Alternate Bid (dollars)(not required)$_ -{} _________ _ (Note: If an Alternate Bid is offered a detailed description and breakdown similar to the Base Bid must be attached)

6. Shipping Cost and Sales tax - The equipment, chemicals, consumables and other supplies and services provided and used in the performance of the contract shall include all shipping costs and Item 1DD - Page 21
sales taxes imposed by any governmental body.

Item 1DD - Page 22

7. Prevailing wages required as a part of this project.

8. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification:

I am aware of the provisions of Section 3700 of the 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, before commencing the performance of the Work of this Contract.

9. Time of Completion
Contractor shall submit a proposed bar chart schedule for execution of the construction work with the bid proposal, which is a key consideration in contract award, as time is of the essence with this project.

Notice to Proceed will not be issued until Authorization is received from the City of Palm Springs City Council.

Final Completion of the work for the 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT are time sensitive and shall be completed as specified in Section 00100 ADDITIONAL INSTRUCTIONS TO BIDDERS.

Contractor shall commence performance of the work only upon the full execution of the construction contract with Veolia. Upon receipt of executed contract and a written Notice to Proceed (NTP), the Contractor shall promptly commence Work, shall prosecute the Work diligently and shall complete all Work within the proposed and agreed upon schedule duration.

10. For the purposes of the proposal, the contract documents and scope of work shall include all documents and information included as part of this Invitation to Bid, including any and all attachments or referenced documents.

11. Addenda
The bidder hereby acknowledges and initials receipt of the following issues of addenda, if any, distributed by the City of Palm Springs and Veolia North America Services, Inc.

Addendum No.: !Vv'r(_, Dated Initialed
Receipt
Addendum No.: Dated Initialed
Receipt
Addendum No.: Dated Initialed
Receipt
Addendum No.: Dated Initialed
Receipt
Addendum No.: Dated Initialed
Receipt
Addendum No.: Dated Initialed
Item 1DD - Page 23
If any additional addendum were issued, note on separate sheet.

12. Signatures of Proposal
{If an individual, partnership, or non-incorporated organization) Signature of Bidder:

Printed Name:

Title:

Address of Bidder:

Names and addresses of members of firm:
(Seal)
{If _____________________________ ...., Corporation)
Legal name..of Bid
~Ml,€-
Title of signer:

Printed name:
("€ ff /2~'1 l<.t: ;-:}
Business Address: /.!>5{)")--J/: Hh,11,~ 15/ VO Si--E' /&{ - Incorporated under
Laws of the State of: Names of Officers -
President
Address
I )-:i. °?,) "i; IMft. 'f·-w 1', l ~ ~t- Ck ctOwov
Secretary
Address
i"3-z,,, ~tlWlfK. , s+ wl1,{-h~,- tlr 'iObrv
Item 1DD - Page 24
Treasurer
Address
Item 1DD - Page 25
SCOPE OF WORK - 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION

PROJECT
Utilizing the individual sewer segment GraniteNet reports, maps and photos included as part of this bid package (Attachment C), the project scope includes, but is not limited to the following:

1. Mobilization/Demobilization

2. Locating existing underground and surface utilities.

3. Potholing existing utilities as needed.

4. Rehabilitation by sewer segment Point Repairs, as shown on the 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT Bid Form (Attachment B) and detailed in the GraniteNet reports and photos included in the bid package.

5. Reconnection of existing service laterals to new sewer main.

6. Bypass pumping as needed.

7. Dewatering incidental to the work.

8. Sheeting, shoring and bracing.

9. Handling and disposal of material left over from installation including dirt, asphalt, cut pipe, etc.

10. Restoration and repair of existing surface improvements affected by the Work, and incidentals for complete and usable system.

Except as Specifically Noted Otherwise, Provide and Pay For:

1. Insurance and bonds.

2. Labor, materials, and equipment.

3. Tools, equipment, and machinery required for construction.

4. Utilities required for construction.

5. Temporary facilities including: traffic control: dewatering; sheeting, shoring, and bracing; bypass pumping; and dust control measures.

Other facilities and services necessary for proper execution and completion of the Work.

Item 1DD - Page 26
( ( (
BARISTORD SUNRISE F10017-F10013 F10017 F10013 24 in VCP/RCP 340.6 Material change from VCP to RCP . CIPP PATCH BARISTO RD SUNRISE F10013-F10011 F10013 F10011 21 in RCP 351.5 CIPP whole pipe segement BARISTORD SATURMINO F10011-F10005 F10011 F10005 21 in RCP 282.6 CIPP whole pipe segement BARISTO RD SATURMINO F10005-F10003 F10005 F10003 21 in RCP 352.8 CIPP whole pipe segement BARISTO RD CERRITOS F10003-F10001 F10003 F10001 21 in RCP 340.2 CIPP whole pipe segement BARISTORD SUNRISE G10011-G10009 G10011 G10009 24in RCP 560.7 CIPP whole pipe segement BARISTO RD FARRELL G10009-G10007 G10009 G10007 24 in RCP 560.7 CIPP whole pipe segement Item 1DD - Page 27
2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT, CP 2024

BID SCHEDULE

ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL
NO. QUANTITY COST , ,('I COST . . ........ -

1. Mobilization ,s,ooo@ 1~0;1.Jt!J 1 LS $ ~- $ ~~
j ,(V

2. Traffic Control
$ cgWD t1i2 $"6WiJ ~ 1 LS
I l

3. Bypass Pumping
$1~ tJ2,
$ (2Q
1 LS I )1-{)D /1/;,1,W

4. Clean & CCTV Inspection
$
ri u_E
$ ~
J.179fe-: 2483 LF J
5 UV CIPP Liner 21-inch
1334 LF $1%h ao $2yi 12-I
6 UV CIPP Liner 24-inch I
$ tf) $ - 1,,-0
L10 - ?7~13/b~
1449 LF
7 Install Tophats
$l(1 Yoo t£ 15 EA
$1J1/)U) ~
TOTAL COST $ $
TOTAL BID PRICE IN WORDS AND IN FIGURES: t!h9
$?:J-1/; 0 3[) -
~wM- h~Y\-p'~1 ~1t fuy ./},LJl,1Y.JY'/J Six h ntvOr&-0
1'1/+y rP
DOLLARS AND 7.,@2.0 CENTS/($ ctJ-. ~ (p '3D --)

EXTENDED
. COST ~
IS- 1)()0 ;-
$ ~~ --
$ twvEZ .
$ t,CI
nll/2..-0D-
$
)-~79~~ D
---
~1-fKrJ-'/ ~ ,-
$ '
-:Jn7310 t
$ J)
1~/Jtj)-
$
Item 1DD - Page 28

LIST OF SUBCONTRACTORS
The Bidder shall list below the names and location of place of business of each subcontractor who will perform work or labor or who will render service to the prime CONTRACTOR in or about the construction of the Work or improvement, or a subcontractor duly licensed who, under subcontract to the prime CONTRACTOR, specially fabricates and installs 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 of the prime CONTRACTOR's total Bid or, in the case of Bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime CONTRACTOR's total Bid or $10,000, whichever is greater.

After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement may render the Bid as non-responsive and may cause its rejection.

Special Note: The Prime Contractor shall perform not less than 25% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 25% of the Work identified in this Bid, the Bid shall be considered non-responsive.

Bidders shall list the total % of Work to be performed by the Prime Contractor on the following page: (Shall not be less than 25%)
Item 1DD - Page 29
Percent of Subcontractor's Name,
Contractor Total Address, and
Work to be License Cont Contact
Performed Number ract Person
l. iftt If, l {drJ I 7t7~& </ J i.
1()/J~~ Al {.f. ((; u:;/:Jt-:-
0:L p 1t/1b )1,o2,,3/ '-/y~_t:tf ,LtJiStW1 ii-
-,-,,.,, Y"I 1-n / .-,,\ '1 -1 Al
- l - ' ,
'

2. 3.

Add additional sheets, if
(Signature)
(Date)
Item 1DD - Page 30

BID BOND
KNOW ALL MEN BY THESE PRESENTS, That Tunnelworks Services, Inc. as Principal, and Western National Mutual Insurance Company as Surety,
are held and firmly bound unto Veolia North America Services, Inc., hereinafter called "Veolia" in the sum of:
________ ...... (..;..10;:;..0'--'1/o .... ) ..:.1i..:;;.e;..;..n -'-P--=e;..;..rc.;;..;e:;..;n.;.;;t--=o;..;..f...;;th-'-'e=----=-To;:;..;t;.:;;ac...;I A--=-m=-=o..;:;u-'--'n-=--t ..:;;.of;_t:;.;h'""e--=B:;..;i=d _______ doll a rs (not less than 10 percent of the total amount of the bid) 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.

WHEREAS, said Principal has submitted a Bid to Veolia to perform the Work required under the Bid Schedule(s) of the Veolia's Contract Documents entitled:
2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION PROJECT NOW THEREFORE, if said Principal is awarded a Contract by Veolia, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by Veolia, and Veolia prevails, said Surety shall pay all costs incurred by Veolia in such suit, including a reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this day of , 2023.

PRINCIPAL:

Check one: individual, partnership, ~ corporation
(Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND 8. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer).

Item 1DD - Page 31
Signature (NOTARIZED) Print Name and Title:

By
Signatu N TA Print Name and Title:
(]~ULJ 14'/;;~ J/4~ fie1lFE>Ji
SURETY: SEE ATTACHMENT
Westem Nafl~nal Mutual lnrr Con • '
By=_ . af~ A•4'~
Signature (~R.IZED) Print Name and Title:

Pietro· Micciche, Attorney-in-Fact
Item 1DD - Page 32
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of __ L_os_A----'ng.,__e_le_s _ _____ _
On )\AY\e1 \5~,J-oZ3 before me, __ A_n-"-ge_l_N_u_n_e_z_, _N_o_ta_ry'---P_u_b_lic __________ _ Date Here Insert Name and Title of the Officer
personally appeared _P_ie_tr_o_M_i_cc_i_ch_e ____ ____ _______________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory eviden<;e to be the person()!C) whose name()() i~ subscribed to the within instrument and acknowledged to me that he/,1(~~ executed the same in his,))Jt~i( authorized capacity(}eM), and that by hisl)(~.i>(s ignature(,) on the instrument the person()(), or the entity upon behalf of which the person~) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws
WITNESS m and and fficial seal.
of the State of California that the fzregoin paragraph
is true and correc
V41 ~~~~
Place Notary Seal Above
---------------oPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _____ _ _ _ ___ _ Signer's Name: __________ _ _ C Corporate Officer - Title(s): _____ _ _ n Corporate Officer - ntle(s): ______ _ C Partner - C Lirni)KI r::_; General
C Individual ~ Attorney in Fact
C Partner - CJ Limited  General
CJ Individual C Attorney in Fact
U Trustee  Guardian or Conservator  Trustee [J Guardian or Conservator C Other: _________ ____ _ _ C Other: _____ ________ _
Signer Is Representing: _______ _ _ Signer Is Representing: ____ ____ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item 1DD - Page 33
,.,

WUTEIOIN NATIONAL
,,,, ..iariooullip """!'O"V

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Patricia Zenizo, Pietro Micciche, Manuel Reguerra, and Elisabete Salazar , Preferred Bonding Servir.es (#9760)
Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalfofthe Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows:

All written instruments in an amount not to exceed an aggregate of Seven Miltion Five Hundred Thousand and 00/100 ($7,500,000.00) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby. and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010:

RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds. undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.

RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons.

RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.

IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December, 2020.

Jon R. Hebeisen. Secretary

STATE OF MINNESOTA, COUNTY OF HENNEPIN
Larry A. Byers, Sr. Vice President
On this • 16th day of December. 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument. and they each acknowledged the execution of the same, and being by me duly sworn. did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.

CERTll"ICA TE
JENNIFER A. YOUNG

NOTARY PUBLIC

MINNESOTA
My Commission Exp.es 01/31,'2026
~
Jennifer A. Young, Notary Public
My commission expires January 31, 2026
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CER_T1FY· that-the·fon,goog and attached Power of Attorney remains in full force and has not been revoked; and furthennore that the Resolutions of the board cl ·dfrieetoi-s-set forth in the Power of Attorney, are now in force. • - • - ,- - _.,. ... ~·;;;;;,;'•··- -
-~·"-<;',;;j,o~~,,-·~ ~~.~~&:__ <\._i \_,.
t"'7~~'.:..---~:_~_ ~tiSEAL!~! /~ . .. i;."<..._ __ ,./J! •·,.'tf·-~".>;,.l .. . ..,-,;
Jennifer A. Young, Assistant Secretary ·······~·•·' Signed and sealed at the City of Edina, MN this l:l:'day of_~ -~ . .'.t.(li,'3 Item 1DD - Page 34
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public·or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of L--o5 B::re e I es )
On J'une 1, 1 4Do::'3 before me, ___.__.Ui~'~tf§.-'--1· '--'3~. (:Ju"4-'-'-'?,f'Y)CI~· --=--1'--()-+,.,.....M~oki~f'_idt--f--B-=<u...,,.,b_,_j /+-C- oate .--c:; () Here Insert Name an& Title of thV Otticer personally appeared --..Jet-f-r e y f( /)hi <)
Name(:;K)f Signe_,je}-
who proved to me on the basis of satisfactory evidence to be the perso® whose nameM is/are subscribed to the within instrument and acknowledged to me that he/~iirey executed the same in his/!).er/tl)efr authorized capacitwes), and that by his/pef/tAelr signature(sron the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature,~ ~. l~
Situ11 of NotaryPullc
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: -~(?._...J-_t_:::>~/3~on~~d _________________ _ Docum~nt Date: "S'lfan e 2 1 :)I) a-3 Number of Pages: _ _cl ___ _ Signer1) Other Than Named Above: -------------------
Capacity(ies) Claimed by Signer(s)
Signer's Name: ____ ________ _ Signer's Name: ____________ _ D Corporate Officer - Title(s}: ______ _ D Corporate Officer - Title(s): ______ _ 0 Partner - 0 Limited O General D Partner - 0 Limited  General D Individual D Attorney in Fact D Individual D Attorney in Fact -t 0 Trustee CJ Guardian or Conservator 0 Trustee O Guardian or Conservator D Other: _____________ _ 0 Other: ______________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~'C(,<t. :<;c<;UJ<,:OCOGO!,;,(X;,<;<,;<;<,;(;@;,~'C (;C(;C OC(,'C(;;C(,'C(.XX,~ ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item 1DD - Page 35

STATE OF CALIFORNIA

COUNTY OF

NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)
) ss.

In accordance with Public Contract Code section 7106, (Nam_e) :;-y./-r2..F'1 t<.1.dxv , being first duly sworn, deposes and says that he/she is (Title) Vi <..E Pt2...ES,O~ rJr' . of (Company){utvl"'elv-ivvk..s. S.€rZ..VI I/A Irv~ , the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, and that the bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of 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, or to secure any advantage against the City of Palm Springs, a municipal corporation, or anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that Bidder has not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Executed under penalty of perjury under the laws of the State of California:

Corporate Seal:

Sign
Dft7/,3/i~
Date
Date
A--!l C:{ c I-. ell (// .7 c rY(_ +·
Sign
NOTE: If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.

If Bidder [including any partner or venturer of a partnership or joint venture bidder] is a corporation, this affidavit must be signed by the Chairman, President or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer.

If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.

Item 1DD - Page 36
Subscribed and sworn to this day of of 2023.

NOTARY PUBLIC
Item 1DD - Page 37
CALIFORNIA JURAT GOVERNMENT CODE § 8202
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
i••oooooeoeoef
, , WILLIAM KEITH WASHBURN
: Notary Public • Californl:
i Los Aneetes County f
Commission f 2316201 -
My Comm. Expires Dec 17, 2023
Place Notary Seal and/or Stamp Above
Subscribed and sworn to (or affirmed) before me on
,...--;-,
this /j-f:j_ day of j [, l\e 20,;}_~ , by
Date Month Year
(1) I
proved to me on the basis of satisfactory evidence to
be the person!:,}-who appeared before me.

Signature t~ ,,d,~Jr" N:k/0~
Signature of Notary Public
r--- - -------------- OPTIONAL -------- - ----------,
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
,;/ f/ ...,
Title or Type of Document: .-. ,_1/ ..... - ✓._=: .... :---_,c ]'-'\._{-'-'-c_--6._'t_1.1.,._L_'l..-'{-=i,,e.>,\__.e...~..=- ''f-'. ,,__h __ 1 ..... 'L,--'-.£CC.O'C...."'---~-='----------
Document Date: /: 0 ·· ________ __) Number of Pages: ~,;)~+;1_,___/-_· ----~--- Signer(s) Other Than Named Above: .£../4_,'le::....<., ..£...,L..._ ___________ _.c:==---==------- •~•aalft000000800
t·,2019 National Notary Association
Item 1DD - Page 38

SHOP DRAWING TRANSMITTAL FORM
Date: 6/14/23 Project Name: 2024 Baristo Road
Sewer Collection Rehab - UV CIPP
(Contract No. ) 17-416
-From: To:

Jeff Rubio Jose Lozano
Tunnelworks Services Inc. 4375 E. Mesquite Ave
13502H Whittier Blvd. Ste.165 Palm Springs, CA 92264
Whittier, CA 90605
Drawings or Data are Submitted: For Approval Q For Information 
- lx--r r,f Op1\ in" , F Tpeciti· ul, ll
uppJiri-:n,d uhjC\.t or uhlni • Cuuid: Nt1rnbe1 I Sc:cl.ion{~j 1 Confined Space Plan
I
Complete either (a) or (b) Check One This is: Check one (a) We have verified that the material or equipment contained in  G this submittal meets all requirements specified or shown (no l81 submittal exceptions).
(b) We have verified that the material or equipment contained in 2nd submittal  
this submittal meets all the requirements specified or shown, D submittal except for the following deviations (list deviations or attach letter).

I -
Submittal No. 2
-Remarks: Contractor's Authorized Signature
Item 1DD - Page 39
Tunnelworks Services Inc
CCTV & Video Inspection Services/Trenchless Sectional Repairs license No: 963734

SITE SAFETY & CONFINED SPACE PLAN
LOCATION: 2024 Baristo Road
UV GIPP Liner Installation
This Plan must be reviewed, understood, and acknowledged by every employee on the project.

Management, project supervision, and the Safety Department will review this PLAN periodically and revise it as and if necessary. One copy must be on site and one in the main job file at a min.

1. Personal Protection Equipment (PPE)
a. All employees will have and use the following PPE:

1. Hard Hat

2. Safety Work Boots

3. Safety Road Vest

4. Ear Protection Gob specific)

5. Gloves Gob specific)

6. Other:
b. All employees who enter the manhole, in addition to the above, have and use the following PPE:

1. Full Body Safety Harness w/ Lanyard

2. Retrieval lines, tripod with winch, etc.

3. Confined Space Entry Permit
c. The following will be performed as noted:

1. Perform all procedures to isolate sources of energy, gas entry, and/or flooding that could become operative or occur during entry.

2. Post signs around the portal of the confined space stating - "DANGER-PERMIT REQUIRED CONFINED SPACE, Do NOT ENTER", or similar signs.

NOTE: THIS PLAN DOES NOT COVER PIPE ENTRY. IF PIPE ENTRY IS REQUIRED A PIPE ENTRY PLAN MUST BE GENERATED AND APPROVED.

Item 1DD - Page 40
Tunnelworks Services Inc
CCTV & Video Inspection Services/Trenchless Sectional Repairs License No: 963734

3. When entrance covers are removed, the opening shall be promptly guarded by a railing, temporary cover, or other temporary barrier that will prevent an accidental fall through the opening and/or prevent foreign objects from falling into the space.

4. Secure the area surrounding the portal by using hazard cones and/or caution/warning tape. This zone should be constructed if possible with a minimum 6-foot radius from the opening.

5. Some sites may require protection against entry of dangerous gases, hot or corrosive liquids, etc.

2. Prior to employees entering the manhole the following equipment and procedures must be completed:
a. ALL PERSONNEL WHO WILL BE ASSIGNED TO WORK IN OR AROUND THE

MANHOLES MUST BE PROPERLY TRAINED IN CONFINED SPACE ENTRY

PROCEDURES AND INFORMED AS TO THE KNOWN HAZARDS OF THE
MANHOLES BEFORE THE PROJECT COMMENCES.

Tunnelworks Services Confined Space Rules
THE BIG " 5"

1. Mechanical Ventilation operating 100% of the time anyone is in the space.

2. All Entrants hooked to a lifeline\ retrieval system, with a full time attendant

3. A Confined Space Entry Permit prepared and approved prior to entry.

4. Use of an approved and functioning gas meter for testing manholes and continuous monitoring of confined space.

5. All entrants wearing a Harness
100% COMPLIANCE REQUIRED
NOTE: THIS PLAN DOES NOT COVER PIPE ENTRY. IF PIPE ENTRY IS REQUIRED A PIPE ENTRY PLAN MUST BE GENERATED AND APPROVED.

Item 1DD - Page 41
Tunnelworks Services Inc
CCTV & Video Inspection Services/Trenchless Sectional Repairs License No: 963734
The following safety/rescue equipment\ procedures will be on site.

Rescue equipment (Confined Space Entry)
First Aid Kit
Emergency Response Plan
Address
Telephone#
Date Notified
Person Contacted
911 Suggested
or
..=B...!..Y!....!PA~S=S~Re=g=u=ire=d::..:...: ---"--'tfc""'-•~:;..._'-__ _Jffg""". ···.·• ..... •···. -=(P'"-"-Jr;....Qte..,;.;..J.c....il~fiij) NP:$vP,$SREQV1R~O (If required see below)

1. Pipeline will be plugged or isolated.

2. Bypass and plugs will be continuously monitored with communication between the bypass operation and the attendant.

3. In the situation that flows or water level rise the CS entrant(s) will be evacuated
OTHER NOTED JOB SPECIFIC REQUIREMENTS and \ or HAZARDS
• Standard TWS Safety Policies and procedures are understood and followed.
• Traffic Dangers
• Follow applicable OSHA state and federal guidelines
• POWERLINES

1. Pay attention to the presence of overhead electric lines. Keep the crane or other equipment at least 10 feet from any electric line of 50 kV or less. Higher voltages require greater distances
NOTE: THIS PLAN DOES NOT COVER PIPE ENTRY. IF PIPE ENTRY IS REQUIRED A PIPE ENTRY PLAN MUST BE GENERATED AND APPROVED.

Item 1DD - Page 42
Tunnelworks Services Inc
CCTV & Video Inspection Services/Trench/ess Sectional Repairs License No: 963734

ACKNOWLEDGEMENT
I have read, and understand this SITE SAFETY PLAN and agree to follow the procedures as described in the plan.

Any additions or deviations from the plan MUST have approval from one of the following:

Production Manager, Safety Manager or General Superintendent (Signature of Crew Leader) (Date)
(Signature of Project Manager or Field Engineer) (Date) Project Employees:

Name: Signature:

NOTE: THIS PLAN DOES NOT COVER PIPE ENTRY. IF PIPE ENTRY IS REQUIRED A PIPE ENTRY PLAN MUST BE GENERATED AND APPROVED.

Item 1DD - Page 43
--1 ...................... _

CONFINED SPACE ENTRY PERMIT
A CSE f>f£1tMITf$ RB[,}YfREDFQRALt INStt~ft.l~M:iNT:~.t~AN.O .

MVSt]~e· ACCVRAT~b'<:-QMPt.t'tio. ANt>AV.t\l~St.E FOlllNsP?t!fOtl. 1,.Perml.tSpilce·tcbeErileied · 1 rvtH•tf fs:et:,# 11001 1 ~--···.· --~·--· ~--~-......._.....__ ........ __ .....,.. ___ ~~ ........ -~---.------.-...---------------. 2, #~tµo~ ofEntry ~ ................ _________ ...._ _____________ . __ ,.,.._._ .. _ ....... ___ -_,..,__.,....,..._,,_ __ _ 3; Date PEftMtTSHAtlNOf~tgb MUJtA~YTtME'f>£RMITS'fAttTEb:
~ ofintrv 1, .. .,..,, ..... Rl$£RVlCt
4, Aµthorited Entrants. .,._ __ __,_......,.._-+f .... t,...N_· +-o,;.;;tJ"-'-'J-• .

1. ~igti\iP0'1¢Ufitlf\g f I · I . L
I
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s; to.xlt:'Ga$~.s O_ct>nfin~iiS?aee]diat'l.tifiiatton
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AFTER CANCEUATION THIS ENTRY PERNUT MUST Bt RETAtNEO
BY THE EMPLOYERlN TH£ JOI FILE.

Item 1DD - Page 44
coN:FlNED SJ'ACE ENTRY PERMIT
G.
·{b,,~~$t1J~an9~~raincy ~rivit~ ...

Te~
1 ·.

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8, 9
llfit~t1-.Et1try,ftesc.ttt Revi¢w~<t~nl.1 ~dy\ . . ... . . •.··· . > . . .. - . . _ 2) Ga!f911 or ifnotavaitabteJnremQt,e te1oatlon4heSu~rintendentn1ustJicQVf~ inf°'r1fuiJ~ontbe [email protected]'l:ta~, fih9oij Nu:robw: .
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·1· 1 Pt(i~eetlv~- w/.tifeUf'I~ .- t1.lf-arPrbttct:ton . pi:'oot~t~tlon d Q\~ps I ett·u·· rpmeri.J g.••·. •.:~._.M• · •.--··~ .~ .~ .. ·. ~'Qt · : .~ Prn~ct1on Q <;ldtolns O :$¢.aA .. ; I ~ . -~v Cl t$al~ Pak. : B-atners/ · · ·-Cbrrats · O rrafffdfuffer- ·  Other ~kfo -------......-,----c+---------+-"-'-'-~--'-----..-·----"""----.c..-~....c,..,,,.,.....--....~--~---'"-----...... --$afe-lflgfess/ Winch .0 SR\;, tl Ladd~r l .es~ .

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THlSCONFJNEOSPACE ENTRVPERMtTHAS8££N·CANCELU:O: .

Item 1DD - Page 45
I
I
TUNNSER-01 CGEREZ
ACORD" CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~ 3/30/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER License# OH18131 CONTACT NAME:

Momentous Insurance Brokerage, A Marsh & Mclennan Agency LLC fitJ8,NJo, Ext): (818) 933-2700 / rie~. No):(818) 933-2701 Company E-MAIL 5990 Sepulveda-Blvd., #550 ADDRESS:

Van Nuys, CA 91411 INSURER{Sl AFFORDING COVERAGE NAIC#
INSURER A: Clear Blue Soecialtv Insurance Comoanv 37745 INSURED INSURER B:

Tunnelworks Services Inc. INSURERC:
13502-H Whittier Blvd, Ste 165 INSURER D:

Whittier, CA 90605 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD fMM/DD/YYYYl IMM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
~
 CLAIMS-MADE  OCCUR
f---- ~~~,fil:J9E~~~Jir?ence\ $
f---- MED EXP /Anv one oerson\ $
PERSONAL & ADV INJURY $
~
GEN'L AGGREGATE LIMIT APPLIES PER· GENERAL AGGREGATE $
Fl POLICY  mg:  LOC PRODUCTS -COMP/OP AGG $
OTHER: $
A ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident\ $ 1,000,000 ANY AUTO X X BW03-STR-2200039-00 12/12/2022 12/12/2023 BODILY INJURY (Per person) $ - -OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY (Per accident) $ - - iPF;.?~tc~leht?AMAGE X HIRED X ~8ro~~Jr-~ $ AUTOS ONLY ~ $
UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $

WORKERS COMPENSATION I PER I I OTH-

AND EMPLOYERS' LIABILITY STATUTE ER

Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE

N/A E.L. EACH ACCIDENT $
(f,l'FICER/MEMBER EXCLUDED? andatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Auto Physical Damage BW03-STR-2200039-00 12/12/2022 12/12/2023 Comprehensive Ded 5,000 A Auto Physical Damage BW03-STR-2200039-00 12/12/2022 12/12/2023 Collision Deductible 5,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) .

The City of Palm Springs, its officials, employees and agents are named as an additional insured for any and all work perfomed for the city under the Auto Liability per form attached. Primary & Non-Contributory wording and Waiver of Subrogation apply where required by written contract per forms attached under the Auto Liability.

Notice of Cnacellation will be provided per policy provisions attached.

CERTIFICATE HOLDER
I
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Item 1DD - Page 46
I
I
ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~ 3/30/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER ~2:i~cT Phil Hakopian
Cornerstone Commercial & Personal Insurance Services, Inc r .. ~Wt.t ~." 909.941.9oao I FAX 9340 Baseline Road Suite 103 (AIC Nol: 909-941-9050 Rancho Cucamonga CA 91701 ~t1D~~ss: [email protected] INSURER($) AFFOROING COVERAGE NAIC#
License#: OE72638 INSURER A: State Compensation Ins Fund 35076 INSURED TUNNSER-01 INSURER B : Colony Speciality 36927
Tunnelworks
Colony Insurance Company Jeff Rubio INSURERC:
12213 Philadelphia Street INSURER D : Starstone National Insurance Whittier CA 90601 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· 152419241 REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP I LIMITS LTR '···~- ... ,_ POLICY NUMBER IMM/DD/YYYY) {MMIDD/YYYY) ! C X COMMERCIAL GENERAL LIABILITY 600GL0211650-00 10/24/2022 10/24/2023 I EACH OCCURRENCE $1 ,000,000 I------ 0 CLAIMS-MADE 0 OCCUR • DAMAGE TO RENTED
I------ ' PREMISES (Ea occurrence! $300,000
I------ I I MED EXP (Any one person) $ 5.000
I I $1,000,000 PERSONAL & ADV INJURY ~ __J
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl PR~ LOG PRODUCTS - COMP/OP AGG $2,000,000 POLICY JECT I
! $ OTHER: '
AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $
~ I I (Ea accident)

ANY AUTO
i
I
i BODIL y INJURY (Per person) $
~
OWNED p SCHEDULED BODILY INJURY (Per accident) $
~ AUTOS ONLY AUTOS I
HIRED NON-OWNED ! I PROPERTY DAMAGE $
-- AUTOS ONLY H AUTOS ONLY /Per accidenll
I $ I
D UMBRELLA LIAB H I 89224H224ALI 10/24/2022 10/24/2023 i EACH OCCURRENCE $4,000,000 OCCUR ~
CLAIMS-MADE I X EXCESS LIAB i AGGREGATE $4 ,000,000
DED I I RETENTION$ I I i $
A WORKERS COMPENSATION 9099073-22 5/9/2022 5/9/2023 X I ~~fTuTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 
E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? NIA I
(Mandatory in NH) I E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under
E.L. DISEASE· POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Pollution CSP307294 7/21/2022 7/21/2023 : Pollution 1,000,000 I
I
:

I
i
I
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Palm Springs, its officials , employees and agents are named as an additional insured (as respects a Sl)ecific contract or _for any and all work performed with the city may be included in this statement. This insurance is primary and non-contributory over any insurance or self insurance the City may have, as respects a specific contract or for any and all work performed with the City may be included in this statement. The issuing company will mail 30 days written notice to the Certificate Holder named. Both the Workers Compensation and Employers Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officers, employees, agents and volunteers.

CERTIFICATE HOLDER
I
City of Palm Springs
Attn: Vonda Teed, Engineering Division
3200 E. T ahquitz Canyon Way
Palm Springs CA 92262

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
ittOc1~
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Item 1DD - Page 47
POLICY NUMBER: 600 GL 0211650-00
600 GL 0211650-00

COMMERCIAL GENERAL LIABILITY
CG 20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
As required by written contract with the Named Insured All locations which are afforded coverage under this that is executed by the parties to the contract prior to policy. the commencement of work that is called for in the
contract.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Item 1DD - Page 48
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section 111- Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or
600 GL 0211650-00

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Item 1DD - Page 49
600 GL 0211650-00
POLICY NUMBER: 600 GL 0211650-00 COMMERCIAL GENERAL LIABILITY CG 24 041219

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following :

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization(s):

As required by written contract with the Named Insured that is executed by the parties to the contract prior to the commencement of work that is called for in the contract.

Information required to complete this Schedule, if not shown above , will be shown in the Declarations .

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

CG24041219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Item 1DD - Page 50
600 GL 0211650-00

COMMERCIAL GENERAL LIABILITY
CG 20 011219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20011219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Item 1DD - Page 51

STATE ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATION

BLANKET BASIS

BROKER COPY
C:OMPEl'.S.4..Tl:')N
IN .- U RA N r_ E
FUND 9099073-22

RENEWAL

HOME OFFICE
SAN FRANCISCO EFFECTIVE MAY 9, 2022 AT 12.01 A.H.

SP
5-69-73-43
PAGE 1 OF

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
AND EXPIRING MAY 9, 2023 AT 12.01 A.H.

TUNNELWORKS SERVICES INC.
12213 PHILADELPHIA ST
WHITTIER, CA 90601

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION

NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE

OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
2572 ~!.~
MAY 10, 2022
d-_. .di~,~~

PRESIDENT AND CEO
SCIF FORM 10217 (REV.7·2014) OLD DP 217
1 Item 1DD - Page 52
• CORNERSTONE
Bureau Report
Requesting Individual: phil
Requesting Company: Cornerstone Commercial & Personal Ins. Svcs.

Company Phone Number: 909-941-9080
Date Requested 01/11/2023
WCIRB NUMBER 5697343
Projected Effective Dates: April, May, June
WCIRB Address: 12213 PHILADELPHIA ST, WHITTIER, CA 90601

TUNNELWORKS SERVICES INC
TUNNELWORKS SERVICES INC.
• Denotes Company Name maybe inactive and maybe listed in this Risk's WCIRB addltional name file 'SEWER CLEANING CCTV/SEWER REHAB
Class Sub
Code Code Class Code Description
6307 SEWER CONSTRUCTION-LOW WAGE
6308 SEWER CONSTRUCTION-HIGH WAGE
9/22 Pure
Premium
Rate

6.63 2.98
8720 INSPECTION FOR INSURANCE/SAFETYNALUE 1.53
'3724 ·work 3.70
• Denotes Class Codes no longer listed in this Risk's WCIRB flle Ex Mod Ex Mod Ex
Year Calculation Date Mod Ex Mod Status
2022 01/10/2022 110 (N) New Entry
2021 01/21/2021 107
2020 05/07/2020 104 (R) Revised Entry
*2020 01/16/2020 105 (N) New Entry
2019 01/10/2019 078
2018 01/11/2018 080
2017 01/12/2017 084
2016 01/21/2016 083
2015 01/15/2015 083
Physically
Surveyed
By Bureau *Date
y
y
y
N 01 /2112021
2014 11/28/2013 N/A (I) Insufficient Premium
Copynght © 1996-2023 lntelliComp . .All rights reserved. (www.ex111od.com) Item 1DD - Page 53
• CORNERSTONE
Bureau Report
Requesting Individual: phil
Requesting Company: Cornerstone Commercial & Personal Ins. Svcs.

Company Phone Number: 909-941-9080
Date Requested: 01/11/2023
WCIRB NUMBER: 5697343
Ex Mod Ex Mod Ex
Year Calculation Date Mod Ex Mod Status
2013 07/08/2013 N/A (I) Insufficient Premium
• Denotes Ex Mod no longer recognized by WCIRB
Copyright© 1996-2023 lntelliCornp. All right s reserve d. (www.exrnod.co111) Item 1DD - Page 54

CORNERSTONE
Bureau Rate Analysis
Requesting Individual: phil
Requesting Company: Cornerstone Commercial & Personal Ins. Svcs.

Company Phone Number: 909-941-9080
Date Requested: 01/11/2023
WCIRB NUMBER: 5697343
Policies Incepting Between 9/1/2021 to 9/1/2022
Pure Premium Rates Sep-22
Class Sub Sep- Sep- %PPR Volatility
Code Code Class Code Description 21 22 Change Ranking
6307 SEWER CONSTRUCTION-LOW WAGE 6:18 ••• ..f,Ct'- 102
:;;,:v··&"Ys" v. .-·;, 1· .... ".f
6308 SEWER CONSTRUCTION-HIGH 2.84 2,98 4.93% 304 WAGE
·' "J(_,,_ (_( *~!J$j .: . .\if~Jt.:1_;:$._._( ·ii;_··
8720 INSPECTION FOR 1A2 1.53 7.75% 412 INSURANCE/SAFETYN ALUE fl ; .. J( :. )0
•3724 1 Millwright Work 3i7f i,70 -t;J3¾ 224
• Denotes Class Codes no longer Hated in this Risk's WCIRB file. " Denotes the Ex Mod for the appllcable year has not been calculated by the WCIRB at this time. '-"' ,->ure Premium Rates (PPR): Approved by the Insurance Commissioner. % PPR Change: Shows the percent increase or decrease of the PPR's from one period to the next.

Sep-22
Rate
Index
-5.41%

5.13%

12.25%

0.67%
Ex Mod x
%PPR
Change
-t$1% "·
1_~- .

I•• --
Rate Index: Studies changes in the market. The Rate Index analyzes changes in the approved Pure Premium Rates, Expected Loss Rates and D-Ratios. This complex calculation suggest the possible "before Ex Mod" percent increase/decrease for a specific classification.

Volatility Ranking: Ranks the Rate Index of each class code in an ascending order 1 through 494. 1 would be the lowest increase or the highest decrease (BEST). 494 would be the highest increase or the lowest decrease (WORST).

Ex Mod x % PPR Change: Your current Experience Modification times the % PPR Change. This suggests the possible percent increase/decrease for your classification.
"'·· • . ·-•• ;T:•;;'c'; Volatility Ranking
1 35 70 105 140 175 210 247 280 315 350 385 420 455 49' Bas:t----·---------·---->---·--·->-----.....,_.-.>.--------·->Worlt Copyright© 1996-2023 lntelliComp. All rights reserved. (www.exmod.com) Item 1DD - Page 55
• CORNERSTONE
Bureau Rate Analysis
Requesting Individual: phil
Requesting Company: Cornerstone Commercial & Personal Ins. Svcs.

Company Phone Number: 909-941-9080
Date Requested: 01/11/2023
WCIRB NUMBER: 5697343
600
300
200
100
WorkRrs' CompensWOffClassificdon Rate Index Mark« lndicaO:rChart --e- Number of Clas!"> Codi':!", lncre3!",ing
---•-- Numbet of Class Codes Decreasing
-------------------------------------
99 00 01 02 03 03 04 0-4 05 05 Ql5 06 07 07 00 09 10 10 11 12 12 13 13 14 15 15 16 16 17 17 18 18 19 20 21 21 22 Rate Index Market Indicator Chart graphically shows when the workers' compensation market trends to a hard or soft market.

The red line (squares) shows the number of class codes increasing.

The blue line (triangles) shows the number of class codes decreasing.

When these red (squares) and blue (triangles) lines cross the market is moving from a soft to hard or hard to soft market.

Copyright© 1996-2023 lntelliComp. All rights reserved. (www.exmod.com) Item 1DD - Page 56
• CORNERSTONE
Bureau Graph
Requesting Individual : phil
Requesting Company : Cornerstone Commercial & Personal Ins. Svcs.

Company Phone Number 909-941-9080
Date Requested : 01/11/2023
WCIRB NUMBER: 5697343
150
100
50 0
Historical Graph of Employer's Experience Modifications -
_v
I 
---
-
~
u
13 14 15 16 17 18 19 20 20 21 22
ExMod Year
Legend :

Blue - Effective Ex Mods
Gray - Ex Mods no longer recognized by WCIRB
Copyrig ht© 1996-2023 lnte lliCornp . All rights reserved . (www .exrnod.com) Item 1DD - Page 57
Baristo Road Sewer Collection System Rehab Project
ID !Task iTask Name jouration !Start !Finish ! ! Oct 2, '2~ . ! o.ct 9, ,'23 . j o,ct 16, '23 I Oct.23 '23 , 1 I Oct 30, •~3 . ; i 1 Nov, 6,,'23 ! Nov, 13, '13 .. ; I Nov 20, '23~ , '231 !O Mode I _l_ _ ____ 1~ ________ _j_ _______ -+Sl-MlrlwLriF islsIMlrlwti l Fls1 slM:TJtJilil s ls,M!T.&lr lflilil~ J i Js IM!TW.r i F !s lsiMITiwiT• Fis's Ml.r}M1!f I ill.Lfil .J----·---~- ---· 0 I .. Baristo Road CIPP Rehab Project 80 days Mon 9/4/23 Fri 12/22/23 ' ---,-i@ .. Material Procurement 20 days Mon 9/4/23 Fri 9/29/23 r- 21 ll!l NTP 60 days Mon 10/2/23 F rl 12/22/23
I
I
I
---:~~1~ .. Notice to Proceed 60 days Mon 10/2/23 Fri 12/22/23 ~ Install UV CIPP Liner 30 days Mon 10/9/23 Fri 11/17 /23 I
I
---
~
s ll!l Traffic Control 1 day Mon 10/9/23 Mon 10/9/23 •
--6- ~ ll!l Bypass Setup 5 days Mon 10/9/23 Fri 10/13/23 l --7~ ll!l Clean & CCTV Inspection 5 days Mon 10/16/23 Fri 10/20/23 ½.
8 ll!l Install #1- 24-inch x 340 LF 2 days Mon 10/23/23 Tue 10/24/23 - 9-~~ ll!l Install #2 - 21-inch x 351 LF 2 days Wed 10/25/23 Thu 10/26/23 -,a-~ 7
ll!l Install #3 - 21-inch x 2B2 LF 2 days Mon 10/30/23 Tue 10/31/23 _, 11 ~ ll!l Install #4 - 21-inch x 352 LF 2 days Wed 11/1/23 Thu 11/2/23 -7
12 ~ ll!l Install #5 - 21-inch x 340 LF 2 days Mon 11/6/23 Tue 11/7/23 -i
13 ll!l Install #6 - 24inch x 560 LF 3 days Wed 11/8/23 Fri 11/10/23 ~ --- ll!l Moo 11/13/23 Wed 11/15] 14 Install #7 - 24-inch x 560 LF 3 days

1. -··-
15 ll!l Post Video 1 day Thu 11/16/23 Thu 11/16/23
-------
16 ll!l Bypass removal 1 day Fri 11/17 /23 Fri 11/17/23 -- - -- -- ·--·
Task Inactive Task Manual Summary Rollup External Milestone  Split taot,nn,u1Uft111n, Inactive Milestone Manual Summary Deadline • Project: Baristo Road CIPP Reha
Milestone • Inactive Summary 1 Start-only [ Progress Date: Wed 6/14/23 Summary ' ' Manual Task Finish-only J Manual Progress
Project Summary r I Duration-only External Tasks
City of Palm Springs
Item 1DD - Page 58
Wednesday, January 18, 2023
TO: Tunnelworks Services Inc.

IMPREG, the world's leading manufacturer of fiberglass reinforced liners for trenchless pipe rehabilitation, CIPP solutions, began manufacturing for successful United States and Americas installs in 2006.

To better serve our customers, IMPREG opened the Americas manufacturing facility in Richmond, Virginia in 2019. Since then, to continue our globally recognized customer service focus, IMPREG has also opened distribution in Oceanside, California.

IMPREG Americas fiberglass UV liners continue to be proudly manufactured in Richmond, Virginia, USA.

Domestically, over the past 2 years, the UV liner production and installation equates to over 400,000+ linear feet of successful installation - internationally, the number quickly eclipses 7+ million linear feet.

This qualifies IMPREG's decorated history of successful commercial viability both in the US, and as the global leader in manufacturing of the highest quality UV-CIPP Wastewater Rehabilitation liners.

Leading the Way to a More Sustainable Infrastructure Future, Christoph Lindner
CBDO IMPREG Group
8000 Whitepine Road
Richmond, VA 23237 IMPREG Americas
804-303-4507
IMPREG.COM
Item 1DD - Page 59
January 18, 2023
To Whom It May Concern,
IMPREG Group, the global leader in manufactured fiberglass reinforced cured-in­ place pipe (CIPP) liners for the rehabilitation of wastewater Infrastructure, is proud to certify trained & qualified installation teams for the installation of the IMPREG Liner.

This letter certifies Tunnelworks Services Inc. as an official installer of IMPREG UV CIPP liners. The Tunnelworks Services Inc. team has completed the required training and level of installation expertise necessary with the IMPREG Liner to earn the recommendation as certified installers.

Tunnelworks Services Inc. currently follows the continued education for UV CIPP wastewater infrastructure rehabilitation, and IMPREG Liner Installation Best Practices.

This certification is valid until 1anuary of 2024, and upon completion of additional training, will be renewed as of February of 2024.

Sincerely,
Christoph Lindner

IMPREG VP & CBDO
8000 Whitepine Road
Richmond , VA 23237 IMPREG Americas
804-303-4507
IMPREG.COM
Item 1DD - Page 60
IMPREGliner Data, Proudly Manufactured in Richmond, VA USA:

Cou11_tr~_ _Meters Feet
USA
LAm
CAN
16,787.5
452.2
12,568.5
55,077.2
1,483.6
41,235.2
total 29,808.2 97,795.9
Country Meters Feet
USA
LAm
CAN
84,018.2
176.5
15,527.8
275,650.3
579.1
50,944.2
Total 99,722.5 327,173.6
Countr Meters Feet
USA
LAm
CAN
33,052.0
5,072.8
25,986.3
108,438.5
16,643.0
85,256.9
total 64,111.1 210,338.4

TOTAL MANUFACTURED

COUNTRY METERS FEET
USA
LAm
CAN
184,171.2
9,941.5
72,420.3
604,236.4
32,616.5
237,599.3
Total 266,533.0 874,452.2
@PREG
Countr Meters Feet
USA
LAm
CAN
50,313.5 165,070.5
4,240.0 13,910 .8
18,337.7 60,163.1
total 72,891.2 239,144.3
IMPREG Americas 18000 Whitepine Road, Richmond, VA 232371 USA 804-303-4507 I [email protected] I www.lMPREG.com
Item 1DD - Page 61
1 2
~ ebert + knipschildJ
lngenieurbi.iro fur Kunststofftechnik
Application technology
Materials testing
Test Report
Report no. 18-210-01894-PB-2
Determination of material properties
manufacturer: I iMPREG GmbH
material: UP - glass fiber
test specimen designation:
1875017 - iMPREG Liner GL 16 (T0330)
1875016 - Flat plate
client: iMPREG GmbH
EisenbahnstraBe 32
72119 Ammerbruch
Quality assurance
BergstOcken 25
22113 Oststeinbek
phone +49 (0)40-688 14 0
fax +49 (0)40 688 714 - 99
e-mail info@siebert-testing com
Internet v-JWW sIebert-testing com
managing directors
Kay Siebert
Andreas Haacker
company seat Oststeinhek
Lubeck Mllnicipal Court
Comm Register HR B 3262 RE
tax no 30 293 30162
VAT ID no DE216348565
Test of bending stress and determination of bending Young's modulus acc. to ASTM 0790 ............................................................................................ 2 Test of tensile strength and determination of Young's modulus acc. to ASTM 0638 ............................................................................................ 3 This report includes 3 pages (incl. cover page) and 6 annexes.

It may only be handed over to third parties in unabridged form and with the approval of SIEBERT +KNIPSCHILD GmbH.

The DAkkS accreditation is valid for all tests listed in the accreditation certificate page 1 of 3
Item 1DD - Page 62
Report no.: 18-210-01894-PB-2
iMPREG GmbH
Determination of material properties ~ebert
lngenieurbiiro fur Kunststofftechnik
SIEBERT+ KNIPSCHILD GmbH · lngenieurburo tor Kunststofftechnik Bergstucken 25 22113 Oststeinbek ,.., +49 (0)40 688 714 0 ~ +49 (0)40 688 714 91 1 Test of bending stress and determination of bending Young's modulus acc. to ASTM D790
The specimens were taken in longitudinal and transversal direction. 5 specimens were tested.

Table: Summary of test results (mean values):
test specimen designation test date
iMPREG Plate
(longitudinal
direction) 01-22-2018
Samplenr.1875016
iMPREG Plate
(transversal
direction) 01-22-2018
Samplenr.1875016
iMPREG Liner GL 16
(axial)
01-22-2018
Samplenr.1875017
The individual log is enclosed as annex.
page 2 of 3
Width
[mm]

16.78 (0.661 in)

17.18 (0.676 in)

17.56 (0.691 in)
bending stress bending Young's compound wall
a-Ill modulus thickness em[mm]
[Nimm2] E,
[N/mm']
167.7 10,195 6.29
(24323 psi) (1478659 psi) (0.248 in)
363.4 16,336 6.37
(52707 psi) (2369336 psi) (0.251 in)

59.7 9,925 7.18
(8659 psi) (1439500 psi) (0.283 in)
Item 1DD - Page 63
Report no.: 18-210-01894-PB-2
iMPREG GmbH
Determination of material properties ~ ebert knipschildl lngenieurburo fur Kunststafftechnik
SIEBERT+ KNIPSCHILO GmbH lngenieurburo fur Kunststofflechnik · Bergstucken 25 22113 Oststeinbek · ·• +49 (0)40 688 714 0 · - +49 (0)40 688 714 9! 2 Test of tensile strength and determination of Young's modulus acc. to ASTM D638
The test specimens (specimens type I) were taken in longitudinal and transversal direction. 5 test specimens were tested.

Table: Summary of test results (mean values):
test specimen designation test date elongation tensile strength Young's modulus compound wall Eb O'b E thickness em[mm]
[%) [N/mm2
] [N/mm']
iMPREG Plate
(longitudinal 161.4 12,398 6.38
direction) 01-22-2018 2.26
(23409 psi) (1798178 psi) (0,251 in)
Samplenr.1875016
iMPREG Plate
(transversal 382 .9 17,956 6.19
direction) 02-02-2018 2.50
(55535 psi) (2604298 psi) (0,244 in)
Samplenr.1875016
iMPREG Liner GL 16 133.3 12,208 7.95 (axial) 01 -22-2018 2.03 Samplenr.187 5017 (19334 psi) (1770621 psi) (0,313in)
The individual log is enclosed as annex.

Oststeinbek , 02-09-2018
:.J<tL
i -~:.r..~'1!'
r~
r
~
.
- /
Technical Director - '· Te~ i in charge
Dipl.-lng. A. Haacker .. . Meyer
Annexes : test logs . ,,
,,/
page 3 of 3
Item 1DD - Page 64
~ ebert k 111, 1 riltl ! test protocol
lngenieurbOro far Kunststofftechnik ----- Freitag, 2. Februar 2018 Bergstucken 25 - 22113 Oststeinbek - Tel. +49 (0)40-68 87 14-0 Fax+49(0)40-68 87 14-99 test data:
standard : ASTM 0638-10 manufacturer : iMPREG GmbH
date of order : 22.01 .2018 material : GF-UP
test direction : transversal direction pipe geometry: Plate client : iMPREG GmbH sample name : 1875016
GFK-PJete
test parameters:
test date : 02.02.2018 speed E-modulus
1est direction : transversal direction speed of testing name of 1est machine: ZWlck 6 mit Macro tester
pre-load : SN
test results:

T w G E Gina
Nr mm mm mm N/mm2 N/mm"
1 6,28 12,81 ~Q.3_ 1_9160 4016
2 617 1283 ~q,_q 16694 3762
- 3 612 .-1~1'4 501 18446 3687
4 621 -
: 5 mm/min
: 5 mm/min
: H.Goldenstein
e..... ~ 1 01
% o/o %
252 182 _ ~
2,i_47 181 005
250 173 005
,u_ 005
flQ
%
0~
OA_
O..L25
J)~ 12,79 + ®.,_Q 16981 I 378, 1 I 2,67
5 6,18 \ 12,80 : 50,1 18500 I 389,9 2,33 I 17,4 i 0,05 I 0,.25 diagram:
statistic:

Serie
n=5
X - s
V
min
max
R
400 ........... ············!················ ... :•-·•· ! !
' 300 L
i
. ·i,,· .... ·•··•· . :
~
100 ..... ··-t·
~
0 I
0 5
+-tl-+-1 l-+-1 +l-11--+-+'--+"-'+ t +-·+++
10 15 20 25
Oemung nonmell kl%
T I w G E Olitull Elna< 1£t,n,,,t.nom1ne11' 1tn
mm mm nvn N/mm2 N/mm2 % % %
6,19 12,81 50,1 17~~ -·- 382,9 ~~- 17,6 _0,05 -0 06_ Ot02 I _!)_J • 1064 12.1~ QJ~ 05 0,00 ~~ Q,.!§.1 . 0,26 5,93 _3..!38 ':4!_~ .- 263 000
6,12 f 2,79 fo,o 16694 368,7 2,33 11.~ 0,05
1~.~ 005 6,2812,84 50,3 t 1~160 401,6 , 2,6_7
0, 16 1 0,05 l 0,3 1 2467 32,9 i 0,34 1,0 1 0,00
187501°6_Asfiii638_quer.ZSE
ea
"' 0~
O,QO
0,00 _
0,25
0,25
, 0,00
Item 1DD - Page 65
~ ebert In, , 1 11 test protocol
lngenieurboro far Kunststofftechnik _______ Mittwoch, 31 . Januar 2018 ---BergstOcken 2s·- 22113 Oststeinbek-Tel ,-+49 (0)40-68 87 14-0 Fax+49(0)40-68 87 14-99 test data:
standard
date of order
test direction
client
manufacturer
: ASTM 0638-10 contractor company: iMPREG GmbH
: 22.01.2018 material : GF-UP
: longitudinal direction pipe geometry : Plate
: iMPREG GmbH sample name : 1875016
: iMPREG GmbH GFK-Plate
test parameters:
test date : 29.01.2018 speed E-modulus : 5 mm/min
: 5 mm/min test direction : longitudinal direction speed of testing name of test machine: ZWick 6 mit Macro tester : H.Goldenstein pre-toad : 5 N
test results:
diagram:
statistic:

T w G E 0tnllk eblaak ebnaalc.nomklon ; en I U2
Nr mm mm mm N/mm2 N/mm1 % % % , %
1 _6,4~ 13,09
2 6 ,40 1;!.02
3 6,47 12,94
· : -f ~! l ~i~~

1.9J.9 11259 155. 7 2...L2_6 12,6 _Q,_05 t' 0,25

59.i.~. 11513 154,0 2,15 . 11,2 0,05 0,25
50,2 12552 167,8 ~,31 r ·- 11,6 o.~ ' .9~-
50,1 11956 153,1 2,,43T 111 005 0,25
49,9 I 14710 176,2 , ·2:52 t 13,5 I 0,05 0,25 -
150 · - ......... - ..... ..

J 100
.5
I)
50 0 L
0 5 10
Dehnung nominel il %
!
' r-
1 i
'·····1··
l
15 Serie T ; W G E I CJlnalc I £- 1 Ebreak,nam1no11
n = 5 mm I mm mm N/mm2 N/mm2 % %
En
%
x 6,38 J?i.9-_8 50, 1 12398 161,4 _?.1.33 1i,o ___,._~_ ~~ _OLOQ
o_,o_o__ 0,00 _
0,05 · 5),25
o,o5 o.~s
0,00 , 0,00
s Q,Q9 + o.10~ 0,2 1382 10.~ .. 0,1_4_ 1.JL.

V 1,43 • 0,55 , 0,38 11,_15 , ~~ 6, 17 ... -~_,._?'3
min . -6,23 12,91 t'. ~~.!..9_ °t 1125!J _ 153 1 ..&1 ~ t' _!~.i.1 max 6,47 • 13,09 50~ t·14710_ ·1762 252 . 131.5 __
R 0,24 i 0,18 , 0,5 . 3451 23,1 \ 0,37 i 2,4
1a15iffs~ASm638:_langs.ZSE
Item 1DD - Page 66
~ ebert r1,r · ,ild I test protocol
lngenieurboro far Kunststofftechnik ---- Donnerstag, 1. Februar 2018 Bergstucken 25 - 22113 Oststeinbek - Tel. +49 (0)40-68 87 14-0 Fax+49(0)40-68 87 14-99 test data:
standard : ASTM 0038-10 manufacturer : iMPREG GmbH
date of order : 22.01.2018 material : GF-UP
test direction : axial pipe geometry: DN 300
client : iMPREG GmbH sample name : 1875017
Gl 16JT0330
test parameters:
test date : 01.02.2018 speed E-modulus
test direction : axial speed of testing
: 5 mm/min
: 5 mm/min
name of test machine: Zwick 6 mlt Macro tester : H.Goldenstein pnHOad : SN
test results:

T w G E Olnal, &lnak lllnak.nanillllll
Nr mm mm mm N/mm2 N/mm"' % %
1 759 1270 -.?0,.4 11420 1405 198 150
2 !J..,_2_0 _:12,~4 49L7 . 12142 122.2 2,07 1~9
·-~ 143,3 1,91 _ 1§_,_t _
£n ' &fl
% %
Q~ _ ~
0:05 . 0~ 005 Io 9~94 1;!,_99 t 50,2 13498
4 7:27-+ 12,87 _50,1 1 11861 1422 231 1a.o __ + o.os I 0,2s _ 5 7 ,74 , 12,79 50,1 I 12117 118,5 , 1,87 1 14, 1 0,05 , 0,25 diagram:
statistic:
150
i
' i
1: 100 ..
............................ 1······
. .
t
I I
.5
b 50
[
Serie
n=5
X
s
V ·--
min
max
R
0 ...
0 5 10 15 20
OelVUlg nomiAell i, %
T W ' G E Cfbt.t i &break &bruk.nom1no111 &n 6a
mm mm I mm N/mm2 N/mm2 % % 1 % %
Ls.§ 1~l!3 50,1 12200 133,3 2,03 J 5!Q o,o5 0,25
.<!65 QJ1 ~2 _ m ·- 12.0 0,18 __ _ 01.!. o:Cxi-o.oo·
8, 15 + 1,33 0,48 I 6,37 8,96 8,65 [ 4,53 0 00 0,00
-.~ 27_ t12, §4 1~7- i!14~ 1_18,5 {87+ --14,_1 0,05 0,25 B.~ t' !~~ 50,:4 t1¥98 1~~3 -+¥1+ J!>J> r 0,0~ i 0,25
1,67 0,45 l 0,7 2077 24,8 I 0,44 I 1,9 , 0,00 1 0,00
1875017 _ASTM638_1angs:zsE . --
Item 1DD - Page 67
~ ebert n ~ nilcH
lngenieurboro for Kunstst offte chnik test certificate 02. Februar201B ---- ---- Siebe rt + Knipsdlild GmbH BergsUlcken 25 D-22113 Os1sleibek Telefon: +49 (0)40 688 714 0 Telefax: +49 (0)40 688 714 99 test data:
construction project: material examinations acc. to
ASTM Standards
material: GF-UP
date of order : 22.01.2018
pipe geometry: Plate
sample name: 1875016
GFK-Plate
/fop ,,
client: iMPREG GmbH
manufacturer: iMPREG GmbH
contractor company: iMPREG GmbH
test parameters :
taatdale :
cfnc:tlon of testing :
pl9force :
1est results :

25.01.2018
transversal direction
rate of crosshead mallon : 2, 72 mmfmin
tester : H.Goldenstein
diagram:
5 N
d
Nr mm
1 6,35
2 6~
3 641
4 633 - 5 6,41
soo f
400 t -·
N + E 300 r ­E ~
z
-~ 200
b
100
b I Er
mm N/mm2
16,85 15462
1if48 16513
1695 15892
1!5.l8~ 17241
16,80 16570
(Jft, 61,
N/:mz l
t:N l 0tt \ oa l L
N/mm2 % % N/rnm2 N/mm2 i mm
388,4 2,51 442,7 3,10 50 100 I 102
276,3 1.l .~ 4895 3~35 50 100 I 102
427 7 2,81 ~ 3,01 _ 50
d~l~:
4497 .ll1__ 4789 299 50
275,0 1,68 432,7 , 2,99 50
-! ······--········-········ .i. .. ! ...... ---- -- ··i·-··· ~ -y---···
: i
•••• ••••n•• •• --i•• • • • J : . .. . .• .... ·······l;_·., ~
r-·········· . . t
•••••••••• ••••••••••• ••••• •••••••t• •• ••,.••• •• ••n••• •• ••• ••i-• ••••••••• : I
l I
: ?
0 -+----+--+--+ - -+ - + + +- I I I I -t- ·-
0 statistic :

Serie d
n=S mm
X !5_,_~?
min 6..!...~3 -max 6,41
R 0 ,08
symbols .--a1o AST1II Dl"90
d : deplh of beam
L : support span
I
C1N : Hl8I slress of modulus ldentlffcatlon
18750 16_ASTM 790_quer.ZSE
b
mm
17,18
16~~0
18,48
1,68
10 ein%
E, Oft, Ell, a..

N/mm2 N/mm2 % ~
16336 ~3!.4 2,29 4578
1~462 275,0 1,68 432J
17241 t 449.7 281 4895
1779 174,6 1,12 56,9
b : sample widlh
a. : flexural strain at first break
E:111 : flexural strain
<n2 : end Bires& of modulus Identification
30 40
t:tM an I ua L
% N/mm2 I N/mm2 mm
3,09 50 100 102 - -2,99 ! 50 100 102
3,35 50 10~ I 102
o,35 I 0 0
E, : flu\nl mocUus
°"' : tlelual stress at first break
CJIII :llexural strenglh
Item 1DD - Page 68
~ ebert I mp .r, 11,01
l~er:i_~~~a~_!Or Kunststo_!ftechnik test certificate 02. Februar 2018 --- Siebert+ Knipsd1ild GmbH BergsU)eken 25 IH2113 Oststelnbek Tetefon: +49 (0)40 688 714 0 Telefax: +-49 (0)40 688 714 99 test data :
construction project : material examinations acc. to
ASTM Standards
material: GF - UP
date of order: 22.01.2018
pipe geometry: Plate
sample name: 1875016
GFK-Plate
client: iMPREG GmbH
manufacturer: iMPREG GmbH
contractor company: iMPREG GmbH
test parameters :
testdale :
dliection of testing :
preforce :

25.01.2018
longitudinal direction
5 N
rate of crosshead motion : 2,65 mm/min
tester : H.Goldensteln
mst resuHs :
diagram:
d
Nr mm
1 _6,26
2 6,35
3 6,25
4 1- 6,28
5 6,29
250 -
200 -
e 1so
j
.!: 100
b
I b
mm
J~~
16,00
17,34
17,20
16,84
I E, Oll,
N/mmZ N/mmZ
9603 1~.~
10265 165,1
10282 193,2
10530 1¥l,5
10295 170,4
i -,
!
i \ ..
!
• •-•••·•f•• o•OHHo••••
i i i
8tb
%
~.!._68
164
2,02

1.!46
1,74
(]'ty Etu an (]'Q L
N/rnrn' % N/mmZ N/mmZ mm
2?4~ ~ Lff!_ ~ 50 100 100
248,5 2,85 50 100 100 -
220,1 2,54 50 100 100 -?_~,2 299 50 j00 t 100 _
239,1 2,75 , 50 100 . 100
.t. •• • • ••• • •• • • un, ••••+ •• .o - • •--••• ••••.o••• ••••--•• 1 I !
' ~ -;
I
i •••••. "'T""
! ! ll : :
• • • •••• ~ • • • • o •HO• ••ou o ,u,o •••~• •••• .... •• i
··+··
I
50 ················ ... ·••· ········· ·! ·-·-··--····--····-·········· ·····i· -··•·············· ....... . i .. --i- -··· ·-········
i i
0 -+-+ -+ + + +
0 slaUsllc;
Serie d
n=5 mm
X 6,2~ _
min ~.25 - --max 6.!~
R 0,10
....... parsua,t1D ASTM 0790
d : depCh or beam
L : a..-,rt1')1Bl
- : .._ snss at modulus idenllllcallon
b
mm
!6,7~_

16.!..00
1734
1,34
10 Er C1fl,
N/mm2 N/mm2
10195 ___167J ---9603 150,_~
20 e in%
f:11:, (]'1,1
% N/mm2
1,71 _ _?~.!..2
1,46 220,1
10530 1~~,_2 ~.!.Q_2 __ 158,~
928 42,7 . 0,56 38,1
b : sample width
Elb : flexural strain at first break
""' : flexural strain
""' : end stress of modulus identification
30 40
EtM Gn l an L
% N/mm2 I N/mm2 mm

2.!.82 50 l 100 100
2,54 50 I 100 100
i ~g . 50 t 100 __ 100
0,45 0 0 0
Ei : fleual modulus
01b ; tlexwal stress at first break
- :ftexinl slrength
Seile111
Item 1DD - Page 69
~ ebert t- n t 110 1
_ _ l':!ge__r,ieurbOro far Kunststofftechnik test certificate 01. Februar2018 Siebert+ Knipschild GmbH Bergstilcken 25 D-22113 Oslsteinbek Telefon: +49 (0)40 688 714 0 Telefax: +49 (0)40 688 714 99 test data:
construction project : material examinations acc. to
ASTM Standards
client: iMPREG GmbH
manufacturer: IMPREG GmbH
material: GF - UP
date of order: 22.01 .2018
pipe geometry : ON 300
sample name: 1875017
contractor company: iMPREG GmbH iMPREG Liner GL16
test parameters :
tesldate : 31).01.2018 ndeofcrontleadmotion : 3,07 mmhnln dlflK:tion of testing : axial tester : H. Goldenstein
1est results :
d 1 b • E, l an, &lb
l N:m2 I
&IM ' an I aa
Nr mm I mm I N/mm2 · N/mrrr' % % ! N/mm2 N/mm2
1 6 ,74 I 16,91 10881 675 066
1 225,9 284 15 40 -- 2 _?_,~1_ 18,49 9065 50,4 0,68 171,7 2-,_~ 15 40 ·- 3 726 9555 15 40
L
mm
115
115
115 17,51 -~ !.1_ 0,96 184,2 2,54 - 401 ·115 4 7,16 1852 9817 604 Q_\..87 196 ,7 ~ 15 diagram:
statistic :
5 7,23 16,38 10306 I 52,1 0,78 212,5 2,82 15 ~- 40 ---:- -115 - 250 t ·
200 1
e 150
.§
z
.!: 100
b
50 ! ... ··-··--·-i···••-
i
' '
• ••••••• ··••0 ••••••••• L. ___ _
0 ---+ +-+--+-f'--1--+- 
0 10
-t -
~
i
!
;
••• •• •••••• .. -n•••T"'•--••-
I .... - . ~
+--+- -t---+----l'---+--+--+
20 30
sin%
I
.. 4
i
l
..... .,i. ••••..•.•...
l i
t
+-----
40 Serie
n=5
d b G : ~ 1 ~
1 ~ ~ ' ~~ I L
mm mm N/mm2 N/mm2 % N/mm2 % i N/mm2 N/mm21
_ X 7,1~ _1.?!~ 9925 5~,7 0,79 198,? 2,7~ t 15 40
__ _ m_in----ir-6 .._7_4 -+ ~ ~ 50~ 4-+-~0 • ..._66 __ 1_7_1,,__7-+-2_,,_54_, 15 40 _ max 7,_51 18 52 1Cl881 681 0,96 ?2§L9 __ 2,84 I 15 t· _ 40 R 0,11 2,14 1a1s 11,1 . o,30 54,2 o,30 I o o
mm
115
115
115
0 symbalsper-iu,ASTM D790
d : deplh of beam
L : aqiport,spar1
b : sample width
u, : llexlnl lllrain at first break
E, : ftexuntl modulus
.,., : flexural stress at llrst break
0'111 :fleual strength CJlt : iAII stress of mocatm ldellllficafion E111 ; flexural strait <IT'l : end stress of mocillus identification
1875017 _axi al.ZSE -- Seite1/1
Attachment C
Item 1DD - Page 70

CITY OF PALM SPRINGS, CA
NO

TICE FOR REQUEST FOR PROPOSALS (RFP)
2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION
PROJECT, CP 2024
NOTICE IS HEREBY GIVEN that The City of Palm Springs is seeking proposals from qualified Respondents to perform sewer segment UV CIPP R CP rehabilitation on Baristo Rd. The Respondent will contract directly with the Ci ty’s Wastewater Treatment Plant and Collection System Operator, Veolia North America, on this project. Veolia's certified CCTV inspectors have identified mainline sewer collection pipes in need of r ehabilitation within the sewer segments. This notice is intended for i nterested parties.

PROJECT LOCATION: Baristo Rd, within Palm Springs, CA, See RFP Attachment C SCOPE OF SERVICES: our team has identified several sewer line segments that require immediate rehabilitation due to cracks and deterioration occurring in multiple areas along the pipes. The project at hand encompasses seven sewer l ine segments of 24-inch diameter and 21-inch sewer main, totaling 2,826 feet of UV CIPP repairs and 15 lateral top hat repairs. To ensure effective and efficient repairs, we will be utilizing the UV CIPP lining method as per the requirements laid out in the Request for Proposals (Attachment A) and the Bid Form (Attachment B).

OBTAINING RFP DOCUMENTS A ND ADDENDA: A digital copy of said Contract Documents are available at: https://drive.google.com/drive/folders/1P6DXupiqhOTLh3bpL2VJ3j64lhT8TwO4?usp=sharing After receiving permission to access the RFP online, please contact Jose Lozano, Collections Systems Manager, via email at [email protected] to register as a Respondent interested in this project.

Failure to register may result in not receiving Addenda to the RFP. Failure to acknowledge Addenda may render a submittal as being non-responsive. We strongly advise that interested Respondents officially register per the instructions.

All questions regarding this project and request for proposals shall be addressed in writing via email to Jose Lozano, Collections Systems Manager, [email protected], by 3:00 P.M., Local Time, June 9th, 2023. Addenda will be issued to provide clarifications or changes to the scope.

EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, Respondents should take note that multiple factors, as identified in the RFP, will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. COST WILL BE EVALUATED AS PART OF THE EVALUATION CRITERIA. The final contract award, if any, will be made by the Palm Springs City Council or the City Manager, as appropriate.

DEADLINE: All proposals
shall be sealed and addressed to VEOLIA NORTH AMERICA, 4375 Mesquite Ave., Palm Springs, CA 92262, Attn: Jose Lozano, Collections Systems Manager, by 11:00 A.M., Local Time, June 15th, 2023. The receiving time in the admin building will be the governing time for the acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened.

Item 1DD - Page 71
Item 1DD - Page 72
6/28/23 , 8:52 AM Veolia Mail - Notice for request for Proposal (RFP) G)veOLIA Lozano, Jose <jose.lozano@veolia .com>
Notice for request for Proposal (RFP)
1 message
Lozano, Jose <[email protected]> Fri, Jun 2, 2023 at 11 :41 AM To: Ricardo Ayala <Ricardo@ayalaengineering .com>
Good morning ,
We are pleased to inform you that you have been selected to participate in a Request for Proposal (RFP) for the City of Palm Springs, California. The scope of the project involves the rehabilitation of the city's sewer collection system , which will be overseen by Veolia North America. We wish you the best of luck with your bid and look forward to reviewing your proposal. Please find the instructions in the attached document.

Regards,
Jose Lozano
Collections Systems Manager
Municipal ft Commercial Business

VEOLIA NORTH AMERICA
tel +1 760 459 6396 /
4375 E Mesquite Ave / Palm Springs, CA 92264
jose.lozano@veol ia.com
www.veolianorthamerica .com
Res.ou.rcmgtheworld G) VEOLIA
Wfm C
~ 2024 Notice of RFP - Sewer Collection System Rehab Project.docx.pdf 261K
https://mail.google .com/mail/u/0/?ik=edd29b5a02&view=pt&search=all&permthid=thread-a :r6971752050337 425549&simpl=msg-a : r73166389794 7917 ... 1 /1 Item 1DD - Page 73
6/28/23 , 8:51 AM Veolia Mail - Notice for request for Proposal (RFP) G)veOLIA
Notice for request for Proposal (RFP)
1 message
Lozano, Jose <[email protected]>
To: Sam Silva <Sam@lucascompany .com>
Good morning ,
Lozano, Jose <jose.lozano@veolia .com>
Fri, Jun 2, 2023 at 11 :41 AM
We are pleased to inform you that you have been selected to participate in a Request for Proposal (RFP) for the City of Palm Springs, California. The scope of the project involves the rehabilitation of the city's sewer collection system , which will be overseen by Veolia North America. We wish you the best of luck with your bid and look forward to reviewing your proposal. Please find the instructions in the attached document.

Regards,
Jose Lozano
Collections Systems Manager
Municipal ft Commercial Business

VEOLIA NORTH AMERICA
tel +1 760 459 6396 /
4375 E Mesquite Ave / Palm Springs, CA 92264
jose.lozano@veol ia.com
www.veolianorthamerica .com
Res.ou.rcmgtheworld G) VEOLIA
Wfm C
~ 2024 Notice of RFP - Sewer Collection System Rehab Project.docx.pdf 261K
https://mail.google .com/mail/u/0/?ik=edd29b5a02&view=pt&search=all&permthid=thread-a :r6102121818103295526&simpl=msg-a : r-59465514078524 ... 1 /1 Item 1DD - Page 74
6/28/23 , 8:52 AM Veolia Mail - Notice for request for Proposal (RFP) G)veOLIA
Notice for request for Proposal (RFP)
1 message
Lozano, Jose <[email protected]>
To: [email protected]
Good morning ,
Lozano, Jose <jose.lozano@veolia .com>
Fri, Jun 2, 2023 at 11 :42 AM
We are pleased to inform you that you have been selected to participate in a Request for Proposal (RFP) for the City of Palm Springs, California. The scope of the project involves the rehabilitation of the city's sewer collection system , which will be overseen by Veolia North America. We wish you the best of luck with your bid and look forward to reviewing your proposal. Please find the instructions in the attached document.

Regards,
Jose Lozano
Collections Systems Manager
Municipal ft Commercial Business

VEOLIA NORTH AMERICA
tel +1 760 459 6396 /
4375 E Mesquite Ave / Palm Springs, CA 92264
jose.lozano@veol ia.com
www.veolianorthamerica .com
Res.ou.rcmgtheworld G) VEOLIA
Wfm C
~ 2024 Notice of RFP - Sewer Collection System Rehab Project.docx.pdf 261K
https://mail.google .com/mail/u/0/?ik=edd29b5a02&view=pt&search=all&permthid=thread-a :r-2722401876915831035&simpl=msg-a :r-6816040921792 ... 1 /1 Item 1DD - Page 75
6/28/23 , 8:54 AM Veolia Mail - Notice for request for Proposal (RFP) G)veOLIA Lozano, Jose <[email protected]>
Notice for request for Proposal (RFP)
3 messages
Lozano, Jose <[email protected]>
To: Jeff Rubio <[email protected]>
Good morning ,
Fri, Jun 2, 2023 at 11 :42 AM
We are pleased to inform you that you have been selected to participate in a Request for Proposal (RFP) for the City of Palm Springs, California. The scope of the project involves the rehabilitation of the city's sewer collection system , which will be overseen by Veolia North America. We wish you the best of luck with your bid and look forward to reviewing your proposal. Please find the instructions in the attached document.

Regards,
Jose Lozano
Collections Systems Manager
Munjcipal ft Commercial Busjness

VEOLIA NORTH AMERICA
tel +1 760 459 6396 /
4375 E Mesquite Ave / Palm Springs, CA 92264
jose.lozano@veol ia.com
www.veolianorthamerica .com
Res.ou.rcmgtheworld G) VEOLIA
!llm! C
~ 2024 Notice of RFP - Sewer Collection System Rehab Project.docx.pdf 261K
Jeff Rubio <[email protected]>
To: "Lozano , Jose" <jose.lozano@veolia .com>
Hi Jose ,
Looking at bid proposal was just thinking to clarify items to bid on would suggest a bid schedule .

Item No. Description Est Qty Unit Unit Prices
1 Mobilization 1 LS xx
2 Traffic Control 1 LS
3 Bypass Pumping 1 LS
4 Clean & CCTV Inspection 2483 LF
5 UV GIPP Liner 21-inch 1334 LF
6 UV GIPP Liner 24-inch 1449 LF
7 Install Tophats 15 EA
Fri, Jun 2, 2023 at 5:25 PM
Extended Amount
xx
https://mail.google .com/mail/u/0/?ik=edd29b5a02&view=pt&search=all&permthid=thread-a :r-5284779623006520788&simpl=msg-a :r78288680449550 ... 1/2 Item 1DD - Page 76
6/28/23 , 8:54 AM Veolia Mail - Notice for request for Proposal (RFP) Maybe write a description of what each bid item covers.

Thank you,
Jeff Rubio
13502H Whittier Blvd. Suite #165
Whittier, CA 90605
(562) 553-2734
[Quoted text hidden]
Lozano, Jose <[email protected]>
To: Jeff Rubio <[email protected]>
Good morning Jeff,
Mon, Jun 12, 2023 at 10:46 AM
The bid schedule has been added. Regarding the questions on Friday, please take a look at the city's comments in red.

1. Would the city be ok with trenching on Sunsrise to bypass the flow from Sunrise to Arenas? Yes, as long as the contractor provides traffic control plans approved by the City.

2. Will the contractors be responsible for repairing only the trench or a section of the street where the trench was made?
Yes, the contractor will responsible to repair the trench per City standards dwg no. 115.

3. Can they use the Bike Lane on Baristo as a route for the bypass? Yes, they can. They must provide traffic control plans displaying an alternative route for cyclists . [Quoted text hidden]
~ 115.pdf
25K
https://mail.google .com/mail/u/0/?ik=edd29b5a02&view=pt&search=all&permthid=thread-a:r-5284779623006520788&simpl=msg-a :r78288680449550 ... 2/2

Palm Springs Wastewater Treatment Plant, Collections
Project Name: 2024 BARISTO RD SEWER COLLECTION SYSTEM REHABILITATION Due Date: June 15, 2023
Due Time: 11:00 am

Bid Results
Vendors & Bid Amounts
Ayala Engineering Pipeline Works Inc Lucas Company Tunnelworks Inc Amount Amount Amount Amount
No Bid No Bid No Bid $ 824,630
Bid received 6/15/2023
at 10:35 am by Yuri
Contreras

Item 1DD - Page 77

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVE INTERGOVERNMENTAL/COOPERATIVE SERVICE AGREEMENT NO. 23G199 WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL

AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES FOR A

WILDLIFE BIOLOGIST TO MINIMIZE AND REDUCE THE THREATS OF WILDLIFE

TO HUMAN HEALTH AND SAFETY
RECOMMENDATION:

Approve Intergovernmental/Cooperative Service Agreement No. 23G199 with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) to provide a federally qualified Wildlife Service (WS) biologist to minimize and reduce the threats of wildlife to human health and safety in an amount not to exceed $434,017.71 for a five-year term beginning October 1, 2023, through July September 30, 2028.

1. Authorize the City Manager or designee to execute all necessary documents.2.

Attachments
Item 1EE

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVE INTERGOVERNMENTAL/COOPERATIVE SERVICE
AGREEMENT NO. 23G199 WITH THE UNITED STATES DEPARTMENT

OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION

SERVICE WILDLIFE SERVICES FOR A WILDLIFE BIOLOGIST TO

MINIMIZE AND REDUCE THE THREATS OF WILDLIFE TO HUMAN

HEALTH AND SAFETY

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve a five -year agreement with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) Wildlife Services (WS) in an amount not to exceed $434,017.71 for a federally qualified wildlife service biologist to minimize and reduce the threats of wildlife to human health and safety for the Palm Springs International Airport.

RECOMMENDATION:

1. Approve Intergovernmental/Cooperative Service Agreement No. 23G199 (Attachment A) with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) to provide a federally qualified Wildlife Service (WS) biologist to minimize and reduce the threats of wildlife to human health and safety in an amount not to exceed $434,017.71 for a five -year term beginning October 1, 2023 through July September 30, 2028; and

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) Wildlife Services (WS) is a department of the Federal Government of the United States of America.

Item 1EE - Page 1
BACKGROUND:

Most commercial air service airports in California have a Federal Aviation Administration (FAA) qualified wildlife biologist at their facility. The Palm Springs International Airport (Airport) does not have, nor has ever had, a dedicated wildlife biologist under contract to mitigate potential wildlife hazards on and around the property. There is currently a unique opportunity to share a biologist with the San Bernardino International Airport and receive, on average, 20 hours per week of services from the biologist.

Airport staff and tenants have noticed an increase in wildlife activity at the Airport in recent years. Internal efforts to address the problems have been attempted with little long- term success achieved. A qualified W ildlife Service biologist has the training, education, experience, and resources to provide permanent solutions. The biologist will be able to develop monthly wildlife reports for the A irport, lead wildlife management working group meetings, assist the Airport with and report annual numbers required by the United States Fish and Wildlife Service permitting office, conduct annual FAA Part 139 certified wildlife training, provide habitat and development recommendations, and conduct bi -weekly wildlife abundance surveys.

The number of aircraft operations at the Airport has significantly increased year-over-year and this trend is projected to continue. The risk of a wildlife strike increases as the Airport continues to grow.

STAFF ANALYSIS:

The Wildlife Services biologist is to assist the Airport with reducing human health and safety risks associated with potential wildlife and aircraft collisions. Assistance may be in the form of educational information, non- lethal techniques , or direct control. If direct control is necessary, the most effective and safe tools and techniques available will be utilized. The specific goal is to minimize wildlife strike hazards to aircraft by providing a wildlife hazard management plan at the airport. The biologist will coordinate with Airport staff with regard to all wildlife related hazards seen at the airport and recommend mitigation strategies.

This Intergovernmental/Cooperative Service Agreement with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) Wildlife Services (WS) is exempt from Title 7 Procurement and Contracting provisions under Section 7.01.030 due to this being an intergovernmental/cooperative agreement.

The contract is not to exceed five years and may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other at least 60 days prior to effecting such action. The unit pricing is fixed for the first year with increases to employee compensation of 5% for the second year and 3% for years three, four and five.

Item 1EE - Page 2
Staff recommends approval of Cooperative Service Agreement No. 23G199 with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) Wildlife Services (WS) for the full five -year term in the amount not to exceed $434,017.71 effective October 1, 2023 through September 30, 2028.

Start Date End Date Total Revenue
10/1/2023 9/30/2024 $77,712.21
10/1/2024 9/30/2025 $83,347.35
10/1/2025 9/30/2026 $87,366.63
10/1/2026 9/30/2027 $91,685.96
10/1/2027 9/30/2028 $93,905.56
Total Fees $434,017.71

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2A, Improve City Facilities, to streamline City deferred maintenance.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in Fiscal Year 2023- 24 in the Department of Aviation Airside Account 4157030.40105 in the amount of $77,712 .21. The remaining funds in the amount of $356,305.50 are budgeted in future fiscal years.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

Procurement and Contract Director: Kim Baker
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Intergovernmental/Cooperative Service Agreement No. 23G199 Item 1EE - Page 3

ATTACHMENT A

INTERGOVERNMENTAL/COOPERATIVE SERVICE
AGREEMENT NO. 23G199 WITH UNITED STATES

DEPARTMENT OF AGRICULTURE AND PLANT

HEALTH INSPECTION

SERVICE
Item 1EE - Page 4

COOPERATIVE SERVICE AGREEMENT
between
Palm Springs International Airport (COOPERATOR)
and

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

WILDLIFE SERVICES (WS)
ARTICLE 1 – PURPOSE
The purpose of this Cooperative Service Agreement (agreement) is to reduce and minimize threats posed by wildlife to aircraft and human health and safety at Palm Springs International Airport. This work is to be completed by the United States Department of Agriculture Animal and Plant Health Inspection Services Wildlife Services (APHIS-WS) under the agreement with Palm Springs International Airport.

ARTICLE 2 – AUTHORITY
APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety.

ARTICLE 3 - MUTUAL RESPONSIBILITIES
The cooperating parties mutually understand and agree to/that:

1. APHIS-WS
shal
l perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add, or delete services from the Work Plan.

2. The Co op
erator certifies that APHIS-WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS-WS.

3. There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS-WS.

Item 1EE - Page 5

4. The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project.

ARTICLE 4 - COOPERATOR RESPONSIBILITIES
Cooperator agrees:

1. To desi gn
ate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement; Cooperator Name, Address, Phone Number, Email
Scott C. Stiles
City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
(760) 322-8362
[email protected]

2. To authorize APHIS -WS to conduct direct control activities as defined in the Work Plan.

APHIS-WS will be considered an invitee on the lands controlled by the Cooperator.

Cooperator will be required to exercise reasonable care to warn APHIS-WS as to dangerous conditions or activities in the project areas.

3. To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996.

4. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996.

5. As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt.

6. To not ify APHIS-WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program.

7. The C ooper a
tor acknowledges that APHIS-WS shall be responsible for administration of APHIS-WS activities and supervision of APHIS-WS personnel.

8. To obtain the appropriate permits for removal activities for species listed in the Work Plan and list USDA, APHIS, Wildlife Services as subpermitees.

Item 1EE - Page 6

9. To provide
an indoor working space to complete necessary paperwork.

10. The Cooperator will not be connected to the USDA APHIS computer network(s).

ARTICLE 5 – APHIS-WS RESPONSIBILITIES
APHIS-WS Agrees:

1. To designa te the following as the APHIS-WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement.

Russel Odell
District Supervisor
USDA-APHIS-WS-California
3419A Arden Way
Sacramento, CA 95825
916-979-2675
[email protected]

2. To con
duct activities at sites designated by Cooperator as described in the Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement.

3. That the performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance.

4. To invoice Cooperator quarterly for actual costs incurred by APHIS-WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations.

ARTICLE 6 – CONTINGENCY STATEMENT
This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS-WS funds for a finite period under a Continuing Resolution.

Item 1EE - Page 7
ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE
Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement.

ARTICLE 8 – CONGRESSIONAL RESTRICTIONS
Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom.

ARTICLE 9 – LAWS AND REGULATIONS
This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies.

ARTICLE 10 – LIABILITY
APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680).

ARTICLE 11 – NON-DISCRIMINATION CLAUSE
The United States Department of Agriculture prohibits discrimination in all its programs and a
ctivities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs.

ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on 01 October 2023 and shall continue through 30 September 2028 , not to exceed five years. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. Also, this agreement may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS-WS is relieved of the obligation to provide services under this agreement.

Item 1EE - Page 8
In accor
dance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires a Taxpayer Identification Number for individuals or businesses conducting business with the agency.

Cooperator’s Tax ID No.: 95-6000757
APHIS-WS’s Tax ID: 41-0696271
Cooperator:
_______________________________________ _______________________ Scott C. Stiles, City Manager
Date
3200 E. Ta
hquitz Canyon Way
Palm Springs, California 92262
(760) 322-8362
[email protected]
_______________________________________ _______________________ City Attorney
Date
_______________________________________ _______________________ City C
lerk Date
_______________________________________ _______________________ Airpo
rt Executive Director Date
Item 1EE - Page 9

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

WILDLIFE SERVICES
_______________________________________ _______________________ State Director Date

USDA, APHIS, WS
3419A Arden Way
Sacramento, CA 95825
_______________________________________ _______________________ John Steuber, Acting Regional Director Date
2150 Centre Avenue
Bldg. B, Mail Stop 3W9
Fort Collins, CO 80526
Prepared by: C
oady W. Lundy – Assistant Airport District Supervisor
Item 1EE - Page 10

WORK PLAN
Cooperator: Palm Springs International Airport
Contact: Mr. Scott Stiles; (760) 322-8362
Cooperative Service Agreement Number:

WBS Element:

FMMI Shorthand Code:

Location: Palm Springs International Airport
Dates: 01 October 2023 – 30 September 2024
In accordance with the Cooperative Service Agreement between Palm Springs International Airport and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement.

Program Objective
The purpos
e of this agreement is to minimize and reduce the threats posed by wildlife to aircraft and human health and safety at Palm Springs International Airport. This work is to be completed by the United States Department of Agriculture Wildlife Services (WS) under the agreement with Palm Springs International Airport.

Plan of Action
Work under this
agreement will include:

1. To provide recommendations to Palm Springs International Airport on mitigating wildlife hazards to aircraft, including insect management strategies.

2. To conduct operational wildlife damage management at Palm Springs International Airport to reduce wildlife hazards to aircraft.

3. To provide tra ining to airport personnel in identifying and managing wildlife hazards to aircraft at Palm Springs International Airport. Length and frequency of trainings will be at the discretion of WS.

4. To review landscape plans and assist in wildlife monitoring during construction projects.

5. To provi de assistance in maintaining the Wildlife Hazard/Strike Database and provide operations personnel with training to identify and manage wildlife hazards at the airport.

6. To annually assist with re viewing the migratory bird depredation permits, and ensure all activities conducted at Palm Springs International Airport are in compliance with all provisions applicable permits, as well as federal, state, and local laws.

7. To provide a combined monthly report to Palm Springs International Airport.

8. To provide all equipment (except badges and airfield communication equipment) necessary for wildlife control at the airport, including vehicles, pyrotechnic supplies, ammunition, firearms, and trapping equipment.

9. To respond to wildlife s trike incidents during work hours while onsite and provide removal services and document the strike report in accordance with applicable regulatory requirements.

Item 1EE - Page 11

FINANCIAL PLAN
10/01/2023-09/30/2024
Cost Element Full Cost
Personnel Compensation $47,021.53
Travel $1,815.00
Vehicles $5,532.00
Other Services $1,750.00
Supplies and Materials $2,500.00
Equipment $2,500.00
Subtotal (Direct Charges) $61,118.53
Pooled Job Costs [for non-Over-the Counter
projects] 11.00% $6,723.04
Indirect Costs 16.15% $9,870.64
Aviation Flat Rate Collection 0.00
Agreement Total $77,712.21
The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $77,712.21 10/01/2024-
09/30/2025
Cost Element
Personnel Compensation
Travel
Vehicles
Other Services
Supplies and Materials
Equipment
Subtotal (Direct Charges)
Pooled Job Costs 11.00% 7,210.55$
Indirect Costs 16.15% 10,586.39$
Aviation Flat Rate Collection -$
Agreement Total
The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $83,347.35 Full Cost
51,453.41$
1,815.00$
5,532.00$
1,750.00$
2,500.00$
2,500.00$
65,550.41$
83,347.35$
l
Item 1EE - Page 12
10/01/2025-
09/30/2026
Cost Element
Personnel Compensation
Travel
V
ehicles
Other Services
Supplies and Materials
Equipment
Subtotal (Direct Charges)
Pooled Job Costs 11.00% 7,558.26$
Indirect Costs 16.15% 11,096.90$
Aviation Flat Rate Collection -$
Agreement Total
The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $87,366.63 Full Cost
54,614.47$
1,815.00$
5,532.00$
1,750.00$
2,500.00$
2,500.00$
68,711.47$
87,366.63$
10/01/2026-
09/30/2027
Cost Element
Personnel Compensation
Travel
Vehicles
Other Services
Supplies and Materials
Equipment
Subtotal (Direct Charges)
Pooled Job Costs 11.00% 7,931.93$
Indirect Costs 16.15% 11,645.52$
Aviation Flat Rate Collection -$
Agr
eement Total
The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $91,685.96 Full Cost
58,011.50$
1,815.00$
5,532.00$
1,750.00$
2,500.00$
2,500.00$
72,108.50$
91,685.96$
l
1 1
Item 1EE - Page 13
10/01/2027-09/30/
2028
Cost Element
Personnel Compensation
Travel
Vehicles
Other Services
Supplies and Materials
Equipment
Subtotal (Direct Charges)
Pooled Job Costs 11.00% 8,123.96$
Indirect Costs 16.15% 11,927.45$
Aviation Flat Rate Collection -$
Agreement Total
The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $93,905.56 Full Cost
59,757.16$
1,815.00$
5,532.00$
1,750.00$
2,500.00$
2,500.00$
73,854.16$
93,905.56$
Financial Point of Contact:

APHIS-WS
State Office Name, Address, Phone Number, Email
Russel Odell
District Supervisor
USDA-APHIS-WS-California
3419A Arden Way
Sacramento, CA 95825
916-979-2675
[email protected]
Cooperator Name, Address, Phone Num ber, Email
Scott C. Stiles
City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
(760) 322-8362
[email protected]
[email protected]
Item 1EE - Page 14
Signatures:

Cooperato
r Name/Signatory Official, Address, and Phone Number:
_____________________
__________________ _______________________
Scott C. Stiles, City Manager Date
3200 E. Tahq uitz Ca
nyon Way, Suite One
Palm Springs, California 92262
(760) 322-8362
[email protected]
________________________________ _______ _______________________ City Attorney Date
_____________________
__________________ _______________________
City Clerk Date
_______________________________________ _______________________ Airport Executive Director Date
APHIS-WS Signatory Name, Address:

USDA APHIS WS
2150 Centre Avenue
Building B, Mail Stop 3W9
APHIS-WS Signatory Name, Address, and Phone Number:

USDA APHIS
WS
3419A Arden Way
Sacramento, CA
95825
(916) 979-2675 Fort Collins, CO 80526
Acting California State Director John Steuber, Acting Western Regional Director Item 1EE - Page 15

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE ANNUAL

UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL CODES (CASE

5.1466 ZTA)
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Introduce by title only and waive further reading of an Ordinance entitled, “AN

ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM SPRINGS

MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).”

2. Attachments
Item 2A

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 PUBLIC HEARING

SUBJECT: REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE

ANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL
CODES (CASE 5.1466 ZTA)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for approval of an annual update to the Palm Springs Zoning Code (PSZC) and Municipal Code (PSMC). The proposed update will make minor corrections to the text of the zoning ordinance, clarify zoning regulations, add or correct definitions, make corrections and additions to the list of permitted uses, and correct discrepancies in regulations. No major policy changes are proposed as part of this annual update. It is intended that staff will conduct an annual update of the zoning code once each calendar year.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Introduce by title only and waive further reading of Ordinance No. ____ _, “ AN

ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM SPRINGS

MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91 -94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).”

STAFF ANALYSIS:

The Palm Springs Zoning Code (PSZC) is one of the City’s key tools for implementing development standards, and keeping the code current is critical in regulating development. The Development Services Department s has instituted an annual update process as a means to provide a regular basis for making corrections to the text of the zoning and municipal codes. The corrections that are proposed for this cycle have been Item 2A - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Case 5.1466 ZTA

identified by staff members in working with the code, modifications identified by the City Attorney relative to compliance with State or Federal law, or requested by City Council members.

The proposed corrections, additions and updates include the following:

• Remove references to Development Services Department and re- establish references to the Planning Department and Planning Director, based on recent organizational changes.
• Modify the tennis court ordinance to expressly include other sports courts in this section of zoning code, including pickleball, basketball, and volleyball. • Revise wall height standards for properties backing on to golf course fairways by allowing five feet in height (instead of 4.5 feet) to comply with typical barrier requirements for pools in backyards.
• Revise density bonus provisions for common interest development projects and allow projects offering moderate- income units for rent to qualify for density bonuses and other incentives.
• Allow a qualified non- profit developer to submit and process SB 9 urban lot split applications and two- unit developments in single- family residential zones and exempt said developer from owner occupancy requirements. • Update the Planned Development District (PDD) ordinance as follows:
o Update development standards to accommodate an increase in lot coverage and a reduction in minimum open space for affordable housing projects located in medium - and high- density residential zones, at the discretion of the City Council after recommendation from the Planning Commission.
o Allow minor increases in unit count to be processed as a Minor Modification if the change complies with the General Plan and there are only negligible increases to the building form and square footage.
• Establish the effective date for Major Development Permit (MDP) approval to be after the ARC approves a Major Architectural Review application, but no later than six months from the date of the MDP approval.
• Update criteria for mailbox placement in sidewalk areas. • Streamline approval authority for single-family homes needing a sewer connection exemption by allowing staff authorization instead City Council in certain cases. • Corrections have been made to various sections of the municipal and zoning codes to eliminate code citations that are out -of-date or have been modified, to correct references to terms or names, and to correct errors in the text.

A table showing all proposed changes in strikeout/underline format, including the justification for the changes, is included as Attachment A to this staff report.

Item 2A - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Case 5.1466 ZTA

PLANNING COMMISSION ACTION:

At their regular meeting of June 28, 2023, the Planning Commission reviewed the proposed amendments, including others proposed by staff . In addition to those summarized above, the Commission discussed modifications to the PDD ordinance related to the Final PDD approval body and additional allowances for height, but ultimately believed those matters were major policy changes and directed that those changes be studied during the comprehensive update to the Zoning Code. The Planning Commission did not offer any objections to the other proposed amendments and unanimously recommended approval of the remainder of the proposed changes. Meeting minutes for the Planning Commission’s meeting are included as an attachment to this report.

ENVIRONMENTAL ASSESSMENT:

The project is categorically exempt from further review per the State CEQA Guidelines (California Code Regulations § 15000 et seq.). The whole of the Ordinance is exempt because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment [§ 15060(c)(2)].

Furthermore, the whole of the Ordinance is exempt because the code amendment is not a “project” as defined by Section 15378 since it has no potential for resulting in a direct or indirect physical change to the environment [§ 15060(c)(3)].

ALIGNMENT WITH STRATEGIC PLANNING:

Adoption of the annual zoning code will provide updated zoning and municipal codes to improve customer service, which is intended to improve community infrastructure ( Goal 2C, Community Design) of the City Council’s Strategic Plan.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Assistant Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Table – Summary of Corrections/Additions
B. Draft Ordinance
C. Planning Commission Minutes Excerpt – 6/28/23 Meeting Item 2A - Page 3

ATTACHMENT A
Item 2A - Page 4
06/28/23

Attachment A: Summary of Proposed Code Corrections/Additions

# Section Amendment Notes

1. 91.00.09 Enforcement A. The police chief, the Development Services Director, the city clerk Police Chief, Planning Director, City Clerk and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this Zoning Code.

With changes to the organizational makeup of various
departments, remove references to Development Services
Department and re-establish references to the Planning
Department and Planning Director in the Municipal and Zoning Codes

2. 91.00.10
Definitions
…
“Department” means the Development Services Department department of planning services, unless otherwise specified herein.
…
“Director” or “Planning Director” means the Director of the Development Services Department department of planning services of the City of Palm Springs or the City Manager’s designee. …

3. “R-1” Single-family
residential zones

92.01.03 Property
Development
Standards
B. Yards and Building Standards.
…

6. Garages/Carports. Garages shall be located not less than twenty-five (25) feet from the property line abutting the street from which such garage has vehicular access and or twenty-five (25) feet from the opposite side of the alley from which such garage has vehicular access. In the R-1-E zone, garages shall be located not less than twenty (20) feet from the front and side front property lines. Garages may be detached from the main building in the R-1-A, R-1-AH and hillside areas only.
…

Clarify that garage/carport setbacks facing alleys do not require 25 feet from both the property line and opposite side of an alley

4. 93.01.01
Tennis Courts

93.01.01 Private tennis courts and sport courts.

This section is intended to provide for the regulation of tennis courts non-commercial sport courts, including but not limited to those used for tennis, pickleball, basketball, and volleyball within residential zones of the city.

A. Tennis courts Courts may be allowed, subject to the following conditions:

1. Single-family Zones.
a. No tennis courts shall be allowed within any yard or setback area. b. A six (6) foot high solid masonry wall shall be installed on the property line between the tennis court and adjacent property. Landscape, which screens the tennis court fence, shall be installed within the setback area.
c. The height of any tennis court fence shall not exceed ten (10) feet above the court surface.
d. Tennis courts shall establish the surface level of the court The surface level of the court shall be established at the lowest elevation or below of the natural terrain or lower.
e. Plans and minor architectural approval application, including plot plan, grading plan, landscape plan, shall be submitted to the planning division Department for approval pursuant to Section 94.04.00. Tennis courts Courts located in hillside areas, as defined in Section 93.13.00, shall be reviewed by the planning commission. For all

Modify tennis court ordinance to explicitly include other sport courts

Remove references to tennis

Update grammar

Item 2A - Page 5
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# Section Amendment Notes
other locations, the planning director Director may approve proposed tennis courts. f. Night lighting of tennis courts may be allowed under conditional use permit approval by the planning commission in accordance with Section 94.02.00; and provided, the above-listed conditions (subsections (A)(1)(a) through (A)(1)(e) of this section) have been met. In addition, the following development standards shall be complied with:
i. The height of the proposed light fixtures shall not exceed twelve (12) feet at the setback line. A maximum of five (5) light standards (fixtures) shall be permitted on each side of the court. The light fixture height shall be measured from natural grade.
ii. The light beam shall not extend off the subject property. Lighting levels, measured at the property line, shall not be increased more than one (1) footcandle above the ambient light level.
iii. Quartz light shall be prohibited.
iv. Lighting shall not be greater than four hundred (400) watts per fixture.

2. All Other Zones, Including Multi-Family Residential. a. No tennis courts shall be allowed within any yard or setback area. b. No more than thirty (30) percent of the requirement for usable landscaped open space and outdoor living and recreation shall be devoted to tennis court development.
c. A six (6) foot high solid masonry wall shall be installed on the property line between the tennis court and adjacent property. Landscape, which screens the tennis court fence, shall be installed within the setback area.
d. The height of any tennis court fence shall not exceed ten (10) feet above the court surface.
e. Tennis courts shall establish the surface level of the court The surface level of the court shall be established at the lowest elevation of the natural terrain or lower. f. Any proposed or existing development proposing tennis courts shall require architectural approval of the total site by the planning commission pursuant to Section 94.04.00. Plans, including plot plan, grading plan, landscape plan, lighting diagram, light specification, neighboring property diagram, and application, shall be submitted to the planning department Department. Where an existing development is proposing to add a tennis court(s), a minor architectural approval application shall be filed.
g. Night lighting fixtures of tennis courts must maintain a sixty (60) foot setback from property lines and provided the above-listed conditions (subsections (A)(2)(a) through (A)(2)(f) of this section) must be complied with. In addition, the following development standards shall be complied with:
i. The height of the proposed light fixtures shall not exceed eighteen (18) feet.

The light fixture height shall be measured from natural grade. ii. The light beam shall not extend off the subject property. Lighting levels, measured at the property line shall not be increased more than one (1)

Remove reference to dated technology

Update grammar

Delete repetitive phrase

Item 2A - Page 6
06/28/23

# Section Amendment Notes
footcandle above the ambient light level.
iii. Quartz light shall be prohibited.
iv. Lighting shall not be greater than one thousand (1000) watts per fixture.

B. In cases where one (1) or more of the above conditions (except subsection (A)(1)(f) of this section which will be applied in all cases) cannot be met, tennis courts may be allowed under conditional use permit approved by the planning commission in accordance with Section

94.02.00. Remove reference to dated technology

5. 93.02.00 Walls, Fences
and Landscaping
E. Height Standards.
…

2. Except as otherwise provided in this section, all walls and fences in any front yard and side front yard may not exceed four and one-half (4 ½) feet in height (Exhibit E D), except as otherwise permitted by the “C-M,” “M-1-P,” “M-1” and “M-2” zones, Sections

92.15.03(E), 92.16.03(E), 92.17.03(E) and 92.17.1.03(E). In the corner cutback area, the height of walls, fences and landscaping may not exceed three and one-half (3½) feet above the nearest street pavement surface (Exhibit A).

5. Where lots back up to or side on a fairway, as shown on Exhibit “E” (found at the end of this section), walls, fences or hedges not to exceed a height of five (5) four and one-half (4 ½) feet may be installed on the rear or side property line. When a lot sides on an entrance to a fairway in such a manner that the normal private yards are exposed to the street, a six (6) foot high wall, fence or hedge may be constructed; provided, it is reduced to a maximum of five (5) four and one-half (4 ½) feet in height within twenty (20) feet of the rear property line.

6. In order to protect private property, the director of planning and building Director may approve a fence over six (6) feet in height along a golf course fairway at the setback line ;, provided the following regulations are complied with fence complies with the following regulations:
a. In no case shall the fence be higher than fifteen (15) feet, or the height of the main building on the subject property. Whichever is less shall apply; b. The fence shall be composed of chain-link or other appropriate material completely open for light and air;
c. The fence shall be set back from all buildings on adjoining property a distance equal to its height;
d. The fence shall be painted a color that will cause it to become a part of the background. To further soften its appearance, the base of such fence shall be landscaped with screen-type shrubs for a height of at least three (3) feet.

(Delete Exhibit E)

Correct reference to Exhibit D

Allow five-foot-high walls/fences backing up to fairways to comply with typical barrier requirement for rear yard pools

Grammar clean-up

Delete obsolete exhibit

6. 93.23.17
Density Bonus
C. Development eligibility, bonus densities, and incentive counts.

1. Eligible developments, bonus densities, and incentive counts. The developments identified in this subsection are eligible for density bonuses and/or incentives as well as parking requirement alterations an waivers. For each development, this section provides

Item 2A - Page 7
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# Section Amendment Notes
levels of density bonus available and the number of incentives available. For applicable standards, see subsections E (Density Bonus Standards), F (Incentive Standards), G (Parking Requirement Alteration Standards), and H (Waivers Standards). …
d. Common interest development with moderate income restricted affordable units, for sale or for rent. A common interest development that includes at least ten (10) percent of its units for moderate income households, provided all of the development’s units are for sale either for sale units or for rent, shall be granted the following:
i. Density bonus. A development that includes ten (10) percent moderate income housing shall be granted a density bonus of five (5) percent. For each one percent increase above the required ten (10) percent moderate income units, the density bonus shall be increased by one percent, up to a maximum density bonus of thirty-five (35) percent…
…
g. Child care facility included with a housing development project. A housing development project, which conforms to the requirements of subsections C.1.a (Housing Development with Low Income Restricted Affordable Units, for Sale or for Rent), C.1.b (Housing Development with Very Low Income Restricted Affordable Units, for Sale or for Rent), C.1.c (Market Rate Senior Housing, for Sale or for Rent), C.1.d (Common Interest Development with Moderate Income Restricted Affordable Units, for Sale or for Rent), or C.1.e (Housing for Transitional Foster Youth, Disabled Veterans, or Homeless Persons) of this section, and includes a child care facility located on the premises of, as part of, or adjacent to, the project, shall be granted one of the following:
i. An additional density bonus that is, for purposes of calculating residential density, an increase in the floor area of the project equal to the floor area of the child care facility included in the project; or
ii. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility. …

2. Ineligible developments.
a. Vacated rental property, generally. A housing development project is ineligible for a density bonus, incentives, parking alterations, or any other concessions provided in this section if the development is located on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the date of the application described in subsection A (Application), have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income; subject to any other form of governmental rent or price control; or occupied by lower or very low income households, unless:

Allow rental housing development projects with moderate income units the ability to take advantage of density bonus and other incentives offered by density bonus ordinance

Update reference

Item 2A - Page 8
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# Section Amendment Notes
i. The proposed housing development replaces those units, as defined in subsection C.2.c (Replacement); and
ii. Either of the following applies:

A. The proposed development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages required in subsections C.1.a (Housing Development with Low Income Restricted Affordable Units, for Sale or for Rent), C.1.b (Housing Development Very Low Income Restricted Affordable Units, for Sale or for Rent), C.1.c (Market Rate Senior Housing, for Sale or for Rent), C.1.d (Common Interest Development with Moderate Income Restricted Affordable Units, for Sale or for Rent), or C.1.e (Housing for Transitional Foster Youth, Disabled Veterans, or Homeless Persons); or
…

Update reference

7. 93.23.21 Two-Unit
Projects
E. Requirements. A two-unit project must satisfy each of the following requirements:
…

9. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the lot. b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot split or the units are constructed by a qualified nonprofit corporation (as defined by Gov. Code § 214.15), the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

Allow nonprofit to build two-unit projects

8. 94.02.00
Conditional Use Permit
G. Revocation or Voiding of Conditional Use Permit.

1. The commission, may, after notice and public hearing, revoke any conditional use permit for noncompliance with any of the conditions set forth in granting the permit.

2. Notice.
a. Notice shall be mailed to the record owner and lessee of the subject property not less than twenty (20) days prior to holding a public hearing. Such notice shall state the complaint and shall request appearance of such owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked.
b. Notification of property owners shall be given as provided in Section 94.02.00(B)(4).

3. Within ten (10) days after the public hearing, the commission may by resolution, revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone in which it is located according to a time schedule determined

Item 2A - Page 9
06/28/23

# Section Amendment Notes
by the commission.

4. If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or was not commenced within twenty-four months of its approval, the conditional use permit shall be considered void subject to revocation by the Planning Commission, after holding a noticed public hearing.

No notice need be given nor hearing held. An extension of time may be approved pursuant to the requirements of Section 94.12.00.
…

Revise ordinance to be consistent with case law (Community Development Commission v. City of Fort Bragg (1988) 204 Cal.App.3d 1124)

9. 94.03.00 Planned
Development District
(PDD)
D. Minimum Development Standards.
…

2. Property Development Standards. The Planning Commission and the City Council shall establish a full range of development standards appropriate to the orderly development of the site, which shall include the following minimum standards:
…
e. Development Form. The form and type of development on the planned development district site boundary shall be compatible with the existing or potential development of the surrounding parcels.
f. Open Space Requirements. Open space for planned districts shall be equal to or greater than the minimum open space requirement for the comparable zone in which the planned development district is located, except medium- and high-density residential developments may be modified as described below. Recreational areas, drainage facilities and other man-made structures may be considered to meet a part of the open space requirements, where such facilities provide recreational opportunities for residents or are enhanced with landscape treatments that adequately screen the facilities.
i. Natural Features. Protection of natural landscape features such as watercourses, sensitive land area, existing native vegetation, wildlife, unique topographical features, and views shall be required. Open spaces shall be integrated into the overall design of the project.
ii. Open Space for Commercial/Industrial Uses. The percentage of open space for commercial, industrial and mixed uses shall be determined by the development plan approved by the City Council, and shall include features such as plazas, pocket parks, or other similar features where feasible. iii. Open Space for Residential Uses. At the discretion of City Council after recommendation from Planning Commission, the maximum lot coverage and minimum open space standards may be modified for projects providing affordable housing within medium- and high-density residential zones (R-2, R- 3, R-4). Of the total required open space area, a maximum of 50% may be designated as private open space. The remainder of the required open space area shall be designated as common open space.
…

Include allowances for accommodating higher density and multi-family housing. (Note, the city’s minimum open space and max. building coverage standards have been identified for modification under the proposed programs for the draft
Housing Element, and this is intended as an interim measure to provide flexibility for multifamily housing projects.)

Item 2A - Page 10
06/28/23

# Section Amendment Notes
…
G. Modification of a Planned Development District. A planned development district may be modified by submitting a request for such modification to the Department of Planning Services.

1. Minor Modifications. Minor modifications to the approved preliminary development plan or final development plan may be approved by the Director, or may be referred to the Planning Commission for approval at the discretion of the Director. Minor modifications may include any of the following:
a. Reduction in the number of units or overall building square footage by no more than 10%;
b. Increase in the number of units by no more than 10%, provided the unit count remains in compliance with the general plan and there are only negligible increases to the building form and square footage;
c. Minor adjustments to building footprints or building setbacks, provided conformance is maintained to perimeter setback requirements; d. Minor adjustments to the configuration of parking areas, provided conformance is maintained to parking requirements;
e. Minor adjustments to landscape buffer areas or open space areas, provided lot coverage and open space requirements are maintained;
f. Adjustments to the approved colors or materials specified for the development, provided such adjustments do not materially impact the visual appearance or aesthetic quality of the development;
g. Minor modifications to the list of permitted uses for the planned development district, provided such modifications do not materially change the intent of the planned development district.
…

Make allowance for minor increases in unit count for
processing as a Minor Modification to a PDD and re-
enumerate sections following

10. 94.04.00 Architectural
Review
C. Applicability and Authority.
…

3. Minor Architectural Review. Minor Architectural Review applications which are acted upon by the Director shall include the following:
a. Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than twenty-five percent (25%); b. Additions and remodels to hillside developments, as specified in PSZC Section

93.13.00(B)(2)(b);
c. Additions to quasi-public buildings which do not increase the existing floor area by more than twenty-five percent (25%);
d. Entrance features and gates above the allowable height; e. Exterior lighting plans;
f. Modifications to exterior colors of commercial, industrial, and quasi-public buildings; g. Revisions to approved landscaping plans for multifamily, commercial and industrial developments; and
h. Tennis courts and sports courts in all zones.

Include reference to hillside development review and re- enumerate sections following

Item 2A - Page 11
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# Section Amendment Notes
…
D. Application and Procedures.

1. Major Architectural Review.
…
e. Appeal. The decision of the ARC shall be final unless appealed to the Planning Commission within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the City Clerk Department. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the Planning Commission within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the Planning Commission shall be final unless further appeal is made to the City council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

2. Minor Architectural Review.
…
c. Appeal. The decision of the Director shall be final unless appealed to the ARC within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the City Clerk Department. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the ARC within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the ARC shall be final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

E. Effective Date. An Architectural Review approval shall become effective after an elapsed period of fifteen (15) days from the date of the decision of the approval authority.

EF. Criteria and Findings.…
[Re-enumerate subsequent paragraphs]

Change appeal filing from City Clerk to Planning Department

Change appeal filing from City Clerk to Planning Department

Define effective date of approval

11. 94.04.01 Development
Permit
C. Application and Procedures.

1. Major Development Permit Review.
a. Pre-submittal Conference Required. A pre-submittal conference with a designated representative from the Department is required prior to submitting a Major Development Permit application. The applicant shall provide a pre-submittal package in a form as determined by the Director, and shall include schematic site and floor plans, elevations, sections, landscape plans, and proposed material and color selections. The Director or designated representative shall review the pre-submittal package for general conformance to adopted development standards and to the criteria set forth in subsection (D) below, and shall provide comments and a submittal checklist to the applicant.
b. Formal Application Submittal. After completing the pre-submittal conference/review, an applicant shall submit a formal Major Development Permit application upon such

Item 2A - Page 12
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# Section Amendment Notes
forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following:
1) A site plan, as approved by the Planning Commission as part of the development permit process;
2) A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels;
3) Floor plans;
4) Building Conceptual building elevations and building sections; 5) A roof plan;
6) A Conceptual landscape plan;
7) Material Conceptual material and color selections; 8) A lighting plan if applicable;
9) Depictions of the location and size of any proposed signage, where appropriate for the development type; and
10) Any other plans or exhibits that may be required by the Director based on the development type or site characteristics.
…
E. Effective Date. A Development Permit approval shall become effective after an elapsed period of fifteen (15) days six (6) months from the date of the decision of the approval authority or after the approval of the associated Major Architectural Review application, whichever occurs first .

Clarify application submittal materials

Modify effective date of approval to account for processing of Major Architectural Review application with ARC

12. 94.08.10 Virgin Hotel
Development
Agreement
[Rescind this entire Section] Delete this development agreement ordinance as the agreement timeframe has lapsed and the agreement is no
longer valid

Municipal Code Revisions

13. 2.29 Planning
Commission.

2.29.010 Created.

Pursuant to Section 65100 et seq., of the California Planning and Zoning Law, there has been and hereby is established for the city a planning agency, consisting of a planning department known as the development services department, a planning commission, and the city council acting in combination.

The planning commission consists and shall consist of seven members, serving without compensation, and appointed in the manner and for the terms prescribed in Section 2.04.060 and 2.06.010 respectively, of this code. It shall have the powers, functions and duties prescribed in the Planning and Zoning Law and in the Palm Springs zoning ordinance and in this code and other local ordinances, provided that it shall not exercise any direct contracting authority as specified in Section 65007 of the planning and zoning law.

With changes to the organizational makeup of various
departments, remove references to Development Services
Department and re-establish references to the Planning
Department and Planning Director in the Municipal and Zoning Codes.

14. 2.60 Public Integrity 2.60.070 Planning Commission Action, City Processing.

Item 2A - Page 13
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# Section Amendment Notes
…
(B) The Development Services Planning Director and the city clerk City Clerk shall at all times use and apply their best efforts to affect and ensure the City’s prompt compliance with subdivision (A) of this section 2.60.070.
…

15. 5.34 Massage
Establishments

5.34.060 Application for massage establishment permit.

Every applicant for a permit to maintain, operate, or conduct a massage establishment shall file an application under oath with the City Manager upon a form provided by said collector and pay a non- refundable annual permit fee in such amount, as established by resolution of the City Council.

Permittees who have already paid the permit fee for the current period shall not be required to pay an additional fee hereunder. The application, once accepted, shall be referred to the chief of police for investigation. Copies of the application shall within five days also be referred to the building and safety department, the fire department, the health department, and the planning development services department. The departments shall within thirty days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the City Manager concerning compliance with the codes of the City that they administer. The application shall further be referred to the police department for investigation of the applicant’s character and qualifications. Each application shall contain the following information:

16. 5.38 Managed Parking 5.38.195 Valet parking permit standards. …
(2) Valets must post a sign during their business hours at each location where they take possession of vehicles. The sign must identify the names, address and telephone number of the operator and the hours of operation. The sign must be approved in advance by the Development Services Planning Director.
…

17. 5.55 Adult-Use
Cannabis Business
Related Activities

5.55.140 Requirements Before Permittee May Commence Operations. …
C. Prior to commencing operations, an Adult-Use Cannabis Business must obtain a certification from the Development Services Planning Director certifying that the business is located on a site that meets all of the requirements of the City’s Zoning Ordinance. …

18. 5.81 Art Murals on
Private Property

5.81.040 Procedure
(a) Prior to any action by the Public Arts Commission, the Development Services Planning Department shall send notice of such application to all property owners within 500 feet of the location of the mural at least 10 days prior to the Public Arts Commission consideration of the mural. No mural shall be permitted until the Development Services Planning Department has certified that notification has been completed.
(b) The Development Services Planning Department shall submit the application to the Public Arts Commission who shall review the proposal, solicit public comment, and make a recommendation to the City Council based on the artistic merit and execution of the proposed art.

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# Section Amendment Notes
(c) The Development Services Planning Department shall submit the application to the City Council for authorization.
…

19. 8.04 Uniform Codes 8.04.402 Existing development.
…
(b) The overhead service drop conductors shall be placed underground when existing buildings or structures are repaired, remodeled or expanded where the value (as determined for building permit fee purposes by the building code of the city) of such repairs or remodeling or expansion in any calendar year exceeds the assessed valuation of the building or structure, or the amount of twenty thousand dollars, whichever is less. The undergrounding of utilities may be waived or deferred by the Development Services Planning Director under the following circumstances: (i) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (ii) if there are alternative methods of accomplishing the undergrounding; or (iii) there is limited public benefit to the undergrounding. …

20. 8.05 Historic
Preservation

8.05.020 Definitions.
…
“Department” means the Development Services Department of Planning Services, unless otherwise specified herein.

“Director” means the Director of the Development Services Department of Planning Services, or their designee, unless otherwise specified herein.
…

21. 8.40 Transportation
Demand Management

8.40.030 Processing time limits.

It shall be the responsibility of the Development Service Planning Director or the director’s designee to inform a transportation demand management applicant as to the completeness of the application within thirty days of filing the application. Once the application is accepted as complete, the Development Services Planning Director shall either approve or deny the application within sixty days.

8.40.035 Filing procedure and evaluation.
(a) A request for TDM approval shall be made through application forms provided by the Development Services Planning Department. The application for such approval shall be filed with the Development Services Planning Department within thirty days of the issuance of a certificate of occupancy.
(b) A processing fee shall be paid at the time the completed application is filed with the Development Services Planning Department. The fee shall be as adopted by resolution of the city council.
(c) An application for TDM review shall be supplemented by plans and other pertinent information to adequately address all applicable aspects of a proposal. (d) The Development Services Planning Department shall review applications and approve, conditionally approve or deny the application and shall assure conformity with the chapter.

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# Section Amendment Notes

22. Subdivision of Land

9.60 General
Provisions

9.60.080 Lot line adjustments—Procedure.

Applications for lot line adjustments shall be administered in the following manner:
(1) One copy each of the forms described in Section 9.60.070 shall be forwarded to the Development Services Planning Department.
…

23. Subdivision of Land

9.61 Definitions

9.61.020 Specific Definitions.
…
“Director” means the Director of the Development Services Department of Planning Services, or their designee.
…

24. Subdivision of Land

9.62 Maps

9.62.055 Urban Lot Splits
…
E. Requirements. An urban lot split must satisfy each of the following requirements:
…

14. Regulation of Uses.
(a) Residential-only. No non-residential use is permitted on any lot created by urban lot split.
(b) No Short-Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved. This occupancy requirement does not apply to approvals obtained by a qualified nonprofit corporation (as defined by Gov. Code § 214.15).

Allow a nonprofit to complete an urban lot split application.

25. Subdivision of Land

9.63 Procedure

9.63.070 Tentative maps—Form and content.
…
(14) Each street shown by its existing actual and/or proposed street name. Street names or approval of proposed names shall be coordinated with the Development Services Planning Department before submittal;
…

9.63.200 Authority of Development Services Planning Director.

The Director is delegated the authority for the issuance of certificates of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act and this chapter.

With changes to the organizational makeup of various
departments, remove references to Development Services
Department and re-establish references to the Planning
Department and Planning Director in the Municipal and Zoning Codes.

26. 11.74 Noise Ordinance 11.74.044 Wind energy conversion systems (WECS). …
(1) All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Bruel and Kjaer Windscreen (Model No. UA 9237 or 0207) and calibrated to standards of National Bureau of Standards, or other instrumentation as Item 2A - Page 16
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# Section Amendment Notes
approved by the Development Services Planning Director. The specific instrumentation used shall be described in the noise report.
…
(10) If the Development Services Planning Director determines that any data provided in the noise report is inconsistent or inadequate, a supplemental noise report prepared by an independent acoustical consultant may be required.
…

27. 11.80 Abandoned
Vehicles

11.80.090 Ten-day notice required.
…
(d) A notice of intention to abate shall not be required if:
…
(2) All the following conditions are satisfied:
…
(C) The Development Services Planning Department has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;

28. 14.16 Encroachments 14.16.410 Mailboxes in rights-of-way.

No permit pursuant to this chapter need be obtained for the placing and maintaining of a mailbox within a public right-of-way so long as such mailbox and its placement comply with the rules and regulations of the United States Post Office Department, and also the following regulations:
(1) Mailboxes and containers for the collection and storage of mail shall be so placed or maintained as to not endanger the life or safety of the traveling public pedestrian traffic or inhibit the flow of vehicular traffic, irrespective of when such situation should first come into existence; (2) No box for delivery of mail shall be placed or maintained over or within any sidewalk. There will be a four-foot (4’) wide clearance for ADA purposes around the mailbox as may be deemed necessary by the City Engineer or designee.

Improve text and allow for mailboxes that comply with ADA clearance (request by Engineering Services)

29. 15.14 Required Use of
Sewers

15.14.010 Sewers required for new construction.
…
(b) Exemptions.
…
(2) An exemption may be granted by the city manager city engineer in any case where the development involves a single-family dwelling on a lot of record and the distance from the lot line to the public sewer is greater than five hundred feet.

Although such an exemption is granted, the maximum residential connection fee shall be paid prior to the issuance of a building permit. At the time of eventual connection of a dwelling given initial exemption under the terms of this subsection, any portion of the maximum residential connection fee that has been paid which is found to exceed the sewer connection fee schedule of charges currently applicable at the time to residences shall be refundable.
(3) An exemption may be granted by the city council city manager in any case (in the sole judgment of the council) where unusual topographical or other terrain

Revise exemptions to streamline process (request by
Engineering Services)
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# Section Amendment Notes
conditions exist which make the connection to the public sewer impractical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is required to connect such building to the public sewer system. It shall be the responsibility of the applicant for such exemption to provide to the city council city manager such as data or proof as the council manager deems necessary, including but not limited to engineering cost estimates and feasibility reports, to substantiate any such application.

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ATTACHMENT B
Item 2A - Page 19
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF PALM SPRINGS ,

CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES
2, 5, 8, 9 AND 11 OF THE PALM SPRINGS MUNICIPAL

CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS
ZONING CODE (CHAPTERS 91 -94), AS PART OF AN
ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE
AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).

City Attorney’s Summary
This Ordinance provides for a technical update to certain terms, standards and regulations of the Palm Springs
Municipal Code as part of an annual process to clarify certain provisions and to keep the City’s zoning, bui lding and development standards up to date. The proposed changes have been identified by staff and the City Attorney in working with and applying these regulations. No major policy changes are proposed as part of this annual update.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and

B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens ; and

C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Director of Planning Services is authorized to initiate proceedings and recommend amendments to the Zoning Code; and

D. On June 28, 2023, the Planning Commission conducted a duly noticed public hearing to consider Case 5.1466 ZTA, an ordinance proposing technical corrections and additions to the Municipal Code and, by a vote of 6 to 0, adopted a resolution recommending approval of the Zoning Text/Municipal Code Amendment to the City Council; and
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Ordinance No.

E. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Text /Municipal Code Amendment was given in accordance with applicable law; and

F. On September 14, 202 3, a duly noticed public hearing on the proposed Zoning Text Amendment was held by the City Council in accordance with applicable law where, by a __ to ___ vote, the City Council adopted the Zoning Text /Municipal Code Amendment; and

G. The proposed Zoning Text /Municipal Code Amendment Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Zoning Text/Municipal Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. As projects are submitted and reviewed for compliance with this Zoning Text/Municipal Code Amendment, the City will conduct CEQA review as required by law; and

H. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text/Municipal Code Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and

I. The City Council hereby finds that approval of the proposed Zoning Text/Municipal Code Amendment would:

1. Correct technical discrepancies in Zoning and other Municipal Codes land use and development regulations;

2. Align language in the Zoning and Municipal Code with other recent code amendments;

3. Bring certain Z oning and Municipal Code requirements into conformance with State law;

4. I mplement goals and policies of the General Plan as they relate to land use issues; and

5. Assist staff, elected and appointed officials, and the general public in interpreting and applying Zoning and Municipal Code land use and development regulations.

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Ordinance No.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Amend Section 2.29.010 of Chapter 2.29 of the Palm Springs Municipal Code to remove a reference to Development Services Department as follows:

2.29.010 Created.

Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, there has been and hereby is established for the city a planning agency, consisting of a planning department, a planning commission, and the city council acting in combination. The planning commission consists and shall consist of seven members, serving without compensation, and appointed in the manner and for the terms prescribed in Sections 2.04.060 and 2.06.010 respectively, of this code. It shall have the powers, functions and duties prescribed in the Planning and Zoning Law and in the Palm Springs zoning ordinance and in this code and other local ordinances, provided that it shall not exercise any direct contracting authority as specified in Section 65007 of the planning and zoning law.

SECTION 3
. Amend Section 2.60.070(B) of Chapter 2.60 of the Palm Springs Municipal Code to rescind and replace references to Development Services Director and City Clerk as follows:

(B) The Planning Director and the City Clerk shall at all times use and apply their best efforts to affect and ensure the City’s prompt compliance with subdivision (A) of this section 2.60.070.

SECTION 4
. Amend Section 5.34.060 of Chapter 5.34 of the Palm Springs Municipal Code to rescind and replace references for massage establishment permits as follows:

5.34.060 Application for massage establishment permit.

Every applicant for a permit to maintain, operate, or conduct a massage establishment shall file an application under oath with the City Manager upon a form provided by said collector and pay a non-refundable annual permit fee in such amount, as established by resolution of the City Council. Permittees who have already paid the permit fee for the current period shall not be required to pay an additional fee hereunder. The application, once accepted, shall be referred to the chief of police for investigation. Copies of the application shall within five days also Item 2A - Page 22
Ordinance No.

be referred to the building and safety department, fire department, the health department, and the planning department. The departments shall within thirty days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the City Manager concerning compliance with the codes of the City that they administer. The application shall further be referred to the police department for investigation of the applicant’s character and qualifications. Each application shall contain the following information:
. . . .

SECTION 5
. Amend Section 5.38.195(2) of Chapter 5.38 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:

(2) Valets must post a sign during their business hours at each location where they take possession of vehicles. The sign must identify the names, address and telephone number of the operator and the hours of operation. The sign must be approved in advance by the Planning Director.

SECTION 6
. Amend Section 5.55.140(C) of Chapter 5.55 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:

C. Prior to commencing operations, an Adult -Use Cannabis Business must obtain a certification from the Planning Director certifying that the business is located on a site that meets all of the requirements of the City’s Zoning Ordinance.

SECTION 7. Amend Section 5.81.040 of Chapter 5.81 of the Palm Springs Municipal Code to rescind references to Development Services Department and replace with Planning Department as follows:

5.81.040 Procedure.

(a) Prior to any action by the Public Arts Commission, the Planning Department shall send notice of such application to all property owners within 500 feet of the location of the mural at least 10 days prior to the Public Arts Commission consideration of the mural. No mural shall be permitted until the Planning Department has certified that notification has been completed.

(b) The Planning Department shall submit the application to the Public Arts Commission who shall review the proposal, solicit public comment, and make a recommendation to the City Council based on the artistic merit and execution of the proposed art.

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Ordinance No.

(c) The Planning Department shall submit the application to the City Council for authorization.

(d) For a proposed mural on any Class 1 historic site, the application shall be referred to the Historic Site Preservation Board for recommendation prior to authorization by the City Council.

SECTION 8. Amend Section 8.04.402(b) of Article IV of Chapter 8.04 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:

(b) The overhead service drop conductors shall be placed underground when existing buildings or structures are repaired, remodeled or expanded where the value (as determined for building permit fee purposes by the building code of the city) of such repairs or remodeling or expansion in any calendar year exceeds the assessed valuation of the building or structure, or the amount of twenty thousand dollars, whichever is less. The undergrounding of utilities may be waived or deferred by the Planning Director under the following circumstances: (i) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (ii) if there are alternative methods of accomplishing the undergrounding; or (iii) there is limited public benefit to the undergrounding.

SECTION 9 . A mend the definitions of “Department” and “Director” in Section

8.05.020 of Chapter 8.05 of the Palm Springs Municipal Code to revise as follows:
. . . .

“Department” means the Department of Planning Services , unless otherwise specified herein.

“Director” means the Director of the Department of Planning Services , or their designee, unless otherwise specified herein.
. . . .

SECTION 10
. Amend Section 8.40.030 of Chapter 8.40 of the Palm Springs Municipal Code to replace references to Development Services Director with Planning Director as follows:

8.40.030 Processing time limits.

It shall be the responsibility of the Planning Director or the director’s designee to inform a transportation demand management applicant as to the completeness of the application within thirty days of filing the application. Once the application is Item 2A - Page 24
Ordinance No.

accepted as complete, the Planning Director shall eit her approve or deny the application within sixty days.

SECTION 11. Amend Section 8.40.035 of Chapter 8.40 of the Palm Springs Municipal Code to replace references to Development Services Department with Planning Department as follows:

8.40.035 Filing procedure and evaluation.

(a) A request for TDM approval shall be made through application forms provided by the Planning Department. The application for such approval shall be filed with the Planning Department within thirty days of the issuance of a certificate of occupancy.

(b) A processing fee shall be paid at the time the completed application is filed with the Planning Department. The fee shall be as adopted by resolution of the city council.

(c) An application for TDM review shall be supplemented by plans and other pertinent information to adequately address all applicable aspects of a proposal.

(d) The Planning Department shall review applications and approve, conditionally approve or deny the application and shall assure conformity with the chapter.

SECTION 12
. Amend Section 9.60.080(1) of Chapter 9.60 of the Palm Springs Municipal Code to replace a reference to Development Services D epartment with Planning Department as follows:

(1) One copy each of the forms described in Section 9.60.070 shall be forwarded to the Planning Department.

SECTION 13
. Amend the definition of “Director” in Section 9.61.020 of Chapter

9.61 of the Palm Springs Municipal Code as follows:
. . . .

“Director” means the Director of the Planning Department, or their designee. . . . .

SECTION 14
. Amend Section 9.6 2.055(E)(14)(c) of C hapter 9.6 2 of the Palm Springs Municipal Code to rescind and replace owner occupancy criteria for urban lot splits completed by a non-profit corporation as follows:

(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit Item 2A - Page 25
Ordinance No.

stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved. This occupancy requirement does not apply to approvals obtained by a qualified nonprofit corporation (as defined by Gov. Code § 214.15).

SECTION 15
. Amend Section 9.63.070(14) of Chapter 9. 63 of the Palm Springs Municipal Code to rescind a reference to Development Services Department and replace with Planning Department as follows:

(14) Each street shown by its existing actual and/or proposed street name.

Street names or approval of proposed names shall be coordinated with the Planning Department before submittal;

SECTION 16
. Amend the title of Section 9.63.200 of Chapter 9. 63 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:

9.63.200 Authority of Planning Director.
. . . .

SECTION 17. Amend Section 11.74.044(1) of Chapter 11.74 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:
. . . .
(1) All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Bruel and Kjaer Windscreen (Model No. UA 9237 or 0207) and calibrated to standards of National Bureau of Standards, or other instrumentation as approved by the Planning Director. The specific instrumentation used shall be described in the noise report.
. . . .

SECTION 18
. Amend Section 11.74.044(10) of Chapter 11.74 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:

(10) If the Planning Director determines that any data provided in the noise report is inconsistent or inadequate, a supplemental noise report prepared by an independent acoustical consultant may be required.

SECTION 19
. Amend Section 11.80.090(d)(2)(C) of Chapter 11 .80 of the Palm Springs Municipal Code to rescind a reference to Development Services Department and replace with Planning Department as follows:

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Ordinance No.

(C) The Planning Department has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety;

SECTION 20. Amend Section 14.16.410 of Chapter 14. 16 of the Palm Springs Municipal Code to rescind and replace certain standards for mailboxes in rights -of-way as follows:

14.16.410 Mailboxes in rights-of-way.

No permit pursuant to this chapter need be obtained for the placing and maintaining of a mailbox within a public right -of-way so long as such mailbox and its placement comply with the rules and regulations of the United States Post Office Department, and also the following regulations:

(1) Mailboxes and containers for the collection and storage of mail shall be so placed or maintained as to not endanger the life or safety of pedestrian traffic or inhibit the flow of vehicular traffic, irrespective of when such situation should first come into existence;

(2) There will be a four-foot (4’) wide clearance for ADA purposes around the mailbox as may be deemed necessary by the City Engineer or designee.

SECTION 21
. Amend Section 15.14.010 (b)(2) of Chapter 15.14 of the Palm Springs Municipal Code to rescind and replace the approval authority of sewer exemptions as follows:

(2) An exemption may be granted by the city engineer in any case where the development involves a single- family dwelling on a lot of rec ord and the distance from the lot line to the public sewer is greater than five hundred feet. Although such an exemption is granted, the maximum residential connection fee shall be paid prior to the issuance of a building permit. At the time of eventual connection of a dwelling given initial exemption under the terms of this subsection, any portion of the maximum residential connection fee that has been paid which is found to exceed the sewer connection fee schedule of charges currently applicable at the time to residences shall be refundable.

SECTION 22
. Amend Section 15.14.010(b)(3) of Chapter 15.14 of the Palm Springs Municipal Code to rescind and replace the approval authority of sewer exemptions as follows:

(3) An exemption may be granted by the city manager in any case where unusual topographical or other terrain conditions exist which make the Item 2A - Page 27
Ordinance No.

connection to the public sewer impractical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is required to connect such building to the public sewer system. It shall be the responsibility of the applicant for such exemption to provide to the city manager such as data or proof as the manager deems necessary, including but not limited to engineering cost estimates and feasibility reports, to substantiate any such application.

SECTION 23
. Amend Section 91.00.09(A) (“Enforcement”) of Chapter 91 of the Palm Springs Zoning Code to correct references to department directors as follows:

A. The Police Chief, Planning Director, City Clerk and all officials charged with the issuance of licenses or permits, shall enforce the provisi ons of this Zoning Code.

SECTION 24. Amend Section 91.00.10 (“Definitions”) of Chapter 91.00 of the Palm Springs Zoning Code to rescind and replace the definitions of “Department” and “Director” as follows:
. . . .
“Department” means the department of planning services, unless otherwise specified herein.
. . . .
“Director” or “Planning Director” means the Director of the department of planning services of the City of Palm Springs or the City Manager’s designee. . . . .

SECTION 25. Amend Section 92.01.03(B)(6) (“Property Development Standards”) of Chapter 92 of the Palm Springs Zoning Code to rescind and replace garage/carport setback standards as follows:

6. Garages/Carports. Garages shall be located not less than twenty-five (25) feet from the property line abutting the street from which such garage has vehicular access or twenty-five (25) feet from the opposite side of the alley from which such garage has vehicular access. In the R -1-E zone, garages shall be located not less than twenty (20) feet from the front and side front property lines. Garages may be detached from the main building in the R - 1-A, R-1-AH and hillside areas only.

SECTION 26
. Amend Section 93.01.01 of Chapter 93 of the Palm Springs Zoning Code to rescind and replace standards for tennis courts to include other private sport courts as follows:

93.01.01 Private tennis courts and sport courts.

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Ordinance No.

This section is intended to provide for the regulation of non -commercial sport courts, including but not limited to those used for tennis, pickleball, basketball and volleyball within residential zones of the city.

A. Courts may be allowed, subject to the following conditions:

1. Single-family Zones.
a. No courts shall be allowed within any yard or setback area. b. A six (6) foot high solid masonry wall shall be installed on the property line between the court and adjacent property. Landscape, which screens the court fence, shall be installed within the setback area.
c. The height of any court fence shall not exceed ten (10) feet above the court surface.
d. The surface level of the court shall be established at the lowest elevation of the natural terrain or lower.
e. Plans and minor architectural approval application, including plot plan, grading plan, landscape plan, shall be submitted to the Department for approval pursuant to Section 94.04.00. Courts located in hillside areas, as defined in Section 93.13.00, shall be reviewed by the planning commission. For all other locations, the Director may approve proposed courts.
f. Night lighting of courts may be allowed under conditional use permit approval by the planning commission in accordance with Section 94.02.00; and provided, the above- listed conditions (subsections (A)(1)(a) through (A)(1)(e) of this section) have been met. In addition, the following development standards shall be complied with:
i. The height of the proposed light fixtures shall not exceed twelve (12) feet at the setback line. A maximum of five (5) light standards (fixtures) shall be permitted on each side of the court. The light fixture height shall be measured from natural grade.
ii. The light beam shall not extend off the subject property.

Lighting levels, measured at the property line, shall not be increased more than one (1) footcandle above the ambient light level.
iii. Lighting shall not be greater than four hundred (400) watts per fixture.

2. All Other Zones, Including Multi-Family Residential. a. No courts shall be allowed within any yard or setback area. b. No more than thirty (30) percent of the requirement for usable landscaped open space and outdoor living and recreation shall be devoted to tennis court development.
c. A six (6) foot high solid masonry wall shall be installed on the Item 2A - Page 29
Ordinance No.

property line between the tennis court and adjacent property.

Landscape, which screens the court fence, s hall be installed within the setback area.
d. The height of any court fence shall not exceed ten (10) feet above the court surface.
e. The surface level of the court shall be established at the lowest elevation of the natural terrain or lower.
f. Any proposed or existing development proposing courts shall require architectural approval of the total site by the planning commission pursuant to Section 94.04.00. Plans, including plot plan, grading plan, landscape plan, lighting diagram, light specification, neighboring property diagram, and application, shall be submitted to the Department. Where an existing development is proposing to add a court(s), a minor architectural approval application shall be filed. g. Night lighting fixtures of courts must maintain a sixty (60) foot setback from property lines. In addition, the following development standards shall be complied with:
i. The height of the proposed light fixtures shall not exceed eighteen (18) feet. The light fixture height shall be measured from natural grade.
ii. The light beam shall not extend off the subject property.

Lighting levels, measured at the property line shall not be increased more than one (1) footcandle above the ambient light level.
iii. Lighting shall not be greater than one thousand (1000) watts per fixture.

B. In cases where one (1) or more of the above conditions (except subsection (A)(1)(f) of this section which will be applied in all cases) cannot be met, courts may be allowed under conditional use permit approved by the planning commission in accordance with Section 94.02.00.

SECTION 2 7
. Amend Section 93.02 .00(E) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace references and standards for wall/fence heights in subparagraphs (2), (5) and (6) as follows:

E. Height Standards.
. . . .

2. Except as otherwise provided in this section, all walls and fences in any front yard and side front yard may not exceed four and one- half (4 ½) feet in height (Exhibit D), except as otherwise permitted by the “C-M,” “M-1- P,” “M- 1” and “M -2” zones, Sections 92.15.03(E),

92.16.03(E), 92.17.03(E) and 92.17.1.03(E). In the corner cutback area, the height of walls, fences and landscaping may not exceed Item 2A - Page 30
Ordinance No.

three and one- half (3½) feet above the nearest street pavement surface (Exhibit A).
. . . .

5. Where lots back up to or side on a fairway , walls, fences or hedges not to exceed a height of five (5) feet may be installed on the rear or side property line. When a lot sides on an entrance to a fairway in such a manner that the normal private yards are exposed to the street, a six (6) foot high wall, fence or hedge may be constructed; provided, it is reduced to a maximum of five (5) feet in height within twenty (20) feet of the rear property line.

6. In order to protect private property, the Director may approve a fence over six (6) feet in height along a golf course fairway at the setback line, provided the fence complies with the following regulations:
a. In no case shall the fence be higher than fifteen (15) feet, or the height of the main building on the subject property. Whichever is less shall apply;
b. The fence shall be composed of chain-link or other appropriate material completely open for light and air;
c. The fence shall be set back from all buildings on adjoining property a distance equal to its height;
d. The fence shall be painted a color that will cause it to become a part of the background. To further soften its appearance, the base of such fence shall be landscaped with screen- type shrubs for a height of at least three (3) feet.
. . . .

SECTION 28
. Amend Section 93.02.00 of Chapter 93 of the Palm Springs Zoning Code to delete “Exhibit E Golf Course Fairway Lots” and the associated graphic from the end of Section 93.02.00.

SECTION 29. Amend Section 93.23.17(C)(1)(d) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace criteria for common interest development for moderate income units, adding for rent units as a development eligible for density bonus and incentives, as follows:

d. Common interest development with moderate income restricted affordable units, for sale or for rent. A common interest development that includes at least ten (10) percent of its units for moderate income households either for sale units or for rent, shall be granted the following:
i. Density bonus….

SECTION 30
. Amend Section 93.23.17(C)(1)(g) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace references within the text to C.1.d, as follows:

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g. Child care facility included with a housing development project. A housing development project, which conforms to the requirements of subsections C.1.a (Housing Development with Low Income Restricted Affordable Units, for Sale or for Rent), C.1.b (Housing Development with Very Low Income Restricted Affordable Units, for Sale or for Rent), C.1.c (Market Rate Senior Housing, for Sale or for Rent), C.1.d (Common Interest Development with Moderate Income Restricted Affordable Units, for Sale or for Rent), or C.1.e (Housing for Transitional Foster Youth, Disabled Veterans, or Homeless Persons) of this section, and includes a child care facility located on the premises of, as part of, or adjacent to, the project, shall be granted one of the following:
i. An additional density bonus that is, for purposes of calculating residential density, an increase in the floor area of the project equal to the floor area of the child care facility included in the project; or ii. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

SECTION 31. Amend Section 93. 23.17(C)(2)(a)(ii)(A) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace references within the text to C.1.d, as follows:

A. The proposed development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages required in subsections C.1.a (Housing
Development with Lo w Income Restricted Affordable Units, for Sale or for Rent), C.1.b (Housing Development Very Low Income Restricted Affordable Units, for Sale or for Rent), C.1.c (Market Rate Senior Housing, for Sale or for Rent), C.1.d (Common Interest Development with Moderate Income Restricted Affordable Units, for Sale or for Rent ), or C.1.e (Housing for Transitional Foster Youth, Disabled Veterans, or Homeless Persons); or

SECTION 32. Amend Section 93.23.21(E)(9)(c) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace owner occupancy criteria for two- unit projects built by a non-profit corporation as follows:

c. Owner Occupancy. Unless the lot was formed by an urban lot split or the units are constructed by a qualified nonprofit corporation (as defined by Gov. Code § 214.15), the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

SECTION 33
. Amend Section 9 4.02.00(G)(4) of Chapter 94 of the Palm Springs Item 2A - Page 32
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Zoning Code to rescind and replace time limit requirements for Conditional Use Permits as follows:

4. If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or was not commenced within twenty -four months of its approval, the conditional use permit shall be subject to revocation by the Planning Commission, after holding a noticed public hearing. An extension of time may be approved pursuant to the requirements of Section 94.12.00.

SECTION 34
. Amend Section 94.03.00(D)(2)(f) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace open space development standards for Planned Development Districts as follows:

f. Open Space Requirements. Open space for planned districts shall be equal to or greater than the minimum open space requirement for the comparable zone in which the planned development district is located, except medium- and high-density residential developments may be modified as described below. Recreational areas, drainage facilities and other man -made structures may be considered to meet a part of the open space requirements, where such facilities provide recreational opportunities for residents or are enhanced with landscape treatments that adequately screen the facilities.
i. Natural Features. Protection of natural landscape features such as watercourses, sensitive land area, existing native vegetation, wildlife, unique topographical features, and views shall be required. Open spaces shall be integrated into the overall design of the project. ii. Open Space for Commercial/Industrial Uses. The percentage of open space for commercial, industrial and mixed uses shall be determined by the development plan approved by the City Council, and shall include features such as plazas, pocket parks, or other similar features where feasible.
iii. Open Space for Residential Uses. At the discretion of City Council after recommendation from Planning Commission, the maximum lot coverage and minimum open space standards may be modified for projects providing affordable housing within medium - and high - density residential zones (R-2, R-3, R-4). Of the total required open space area, a maximum of 50% may be designated as private open space. The remainder of the required open space area shall be designated as common open space.

SECTION 35
. Amend Section 9 4.03.00(G)(1) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace modification criteria for Planned Development Districts as follows:

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1. Minor Modifications. Minor modifications to the approved preliminary development plan or final development plan may be approved by the Director, or may be referred to the Planning Commission for approval at the discretion of the Director. Minor modifications may include any of the following:
a. Reduction in the number of units or overall building square footage by no more than 10%;
b. Increase in the number of units by no more than 10%, provided the unit count remains in compliance with the general plan and there are only negligible increases to the building form and square footage;
c. Minor adjustments to building footprints or building setbacks, provided conformance is maintained to perimeter setback requirements;
d. Minor adjustments to the configuration of parking areas, provided conformance is maintained to parking requirements; e. Minor adjustments to landscape buffer areas or open space areas, provided lot coverage and open space requirements are maintained;
f. Adjustments to the approved colors or materials specified for the development, provided such adjustments do not materially impact the visual appearance or aesthetic quality of the development;
g. Minor modifications to the list of permitted uses for the planned development district, provided such modifications do not materially change the intent of the planned development district.

SECTION 36
. Amend Section 94.04.00(C)(3) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace criteria for minor architectural review applications to include hillside additions and remodels as follows:

3. Minor Architectural Review. Minor Architectural Review applications which are acted upon by the Director shall include the following:
a. Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than twenty -five percent (25%);
b. Additions and remodels to hillside developments, as specified in PSZC Section 93.13.00(B)(2)(b);
c. Additions to quasi-public buildings which do not increase the existing floor area by more than twenty-five percent (25%);
d. Entrance features and gates above the allowable height; e. Exterior lighting plans;
f. Modifications to exterior colors of commercial, industrial, and quasi - public buildings;
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g. Revisions to approved landscaping plans for multifamily, commercial and industrial developments; and
h. Tennis courts and sports courts in all zones.

SECTION 37. Amend Section 94.04.00(D) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace appeal filing from City Clerk to Department in application procedures for architectural review in subparagraphs (1)(e) and (2)(c) as follows:

1. Major Architectural Review.
. . . .
e. Appeal. The decision of the ARC shall be final unless appealed to the Planning Commission within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the Department. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the Planning Commission within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the Planning Commission shall be final unless further appeal is made to the City council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
. . . .

2. Minor Architectural Review.
. . . .

c. Appeal. The decision of the Director shall be final unless appealed to the ARC within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the Department. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the ARC within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the ARC shall be final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

SECTION 38. Amend Section 94.04.00 of Chapter 94 of the Palm Springs Zoning Code to establish an “Effective Date” as paragraph “E” for Architectural Reviews and re- enumerate the subsequent paragraphs accordingly:

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E. Effective Date. An Architectural Review approval shall become effective after an elapsed period of fifteen (15) days from the date of the decision of the approval authority.

F. Criteria and Findings.…

SECTION 39
. Amend Section 94.04.01(C)(1)(b) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace the list of formal application submittal requirements for Major Development Permit Review applications as follows:

b. Formal Application Submittal. After completing the pre- submittal conference/review, an applicant shall submit a formal Major Development Permit application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following:
1) A site plan, as approved by the Planning Commission as p art of the development permit process;
2) A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels;
3) Floor plans;
4) Conceptual building elevations and building sections; 5) A roof plan;
6) A conceptual landscape plan;
7) Conceptual material and color selections;
8) A lighting plan if applicable;
9) Depictions of the location and size of any proposed signage, w here appropriate for the development type; and
10) Any other plans or exhibits that may be required by the Director based on the development type or site characteristics.

SECTION 40
. Amend Section 94.04.00 (E) of Chapter 94 of the Palm Springs Zoning Code to modify the Effective Date for Development Permits as follows:

E. Effective Date. A Development Permit approval shall become effective after an elapsed period of six (6) months from the date of the decision of the approval authority or after the approval of the associated Major Architectural Review application, whichever occurs first.

SECTION 41. Rescind Section 94.08.10 (“Virgin Hotel Development Agreement”) and remove this section in its entirety from the Palm Springs Zoning Code.

SECTION 42. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by Item 2A - Page 36
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