Agenda packet — Palm Springs City Council, December 14, 2023 (part 3 of 9)

Revised: May 2020
Item 1I - Page 68
Contractor's control, which result in additional site time, will be charged at the standard hourly rates herein.

7. This scope is made contingent upon the work addressed herein not being adversely affected, either directly or indirectly, by the COVID-19 pandemic and/or the Corona Virus, and is further conditioned upon the following: {i) scheduling issues (including, but not limited to, delays, access issues, or allowed work hours/off-hours work), {ii) overtime hours, or (iii) additional protocols, altered working conditions, or extra costs relating thereto, that arise as a result of the COVID-19 pandemic and/or Corona Virus will entitle contractor to an equitable adjustment for time for performance and costs.
'

8. Out-of-scope repair and reactive work will be provided at the following preferred rates:
• Straight time - $150/hour
• Overtime - $200/hour • Holidays - $300/hour
• Truck Charge - $99/visit

3.7 Attachment "B" Covered Equipment is hereby deleted in its entirety and replaced with "Attachment "B" Amended Covered Equipment attached hereto and incorporated herein by reference."

3.8 Attachment "81" is hereby deleted in its entirety and replaced with "Attachment "B1" Diagram Covered Equipment attached hereto and incorporated herein by reference."

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

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

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

3.12 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. 55575. 18165\32972087. I
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0 0
SIGNATURE PAGE FOR AMENDMENT NO. 1TO POST-CONSTRUCTION SERVICES

AGREEMENT BETWEEN THE CITY OF PALM SPRINGS
AND ENGIE U.S. SERVICES
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the POST CONSTRUCTION SERVICES AGREEMENT as of the day and year first above written.

CITY OF PALM SPRINGS
Approved By:

Justin Clifton
City Manager
Date
Approved as to Form:

JQ~!J.,«=
City Attorney
APPROVED BY CITY COUNCIL:

Date:qftt/h / Agreement No. Mt/?~
ENGIE U.S. SERVICES
Name
Vice President and General Manager
Title
<]J{{!frwL Signature
Sarah Pearce, P.E.

Name
VP Business Control and Finance
Title
Corporations require two notarized
signatures. One signature must be from
Chairman of Board, President, or any
Vice President. The second signature
must be from the Secretary, Assistant
Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDCMENT CML CODE§ 11811
~Z9l!SOD1fsliscle:ft:£ :Ctd:tA4te&teO: ::lrOO:mtM4«e Fslfr«s1' 1& £,£,/:: <, te b:Otp-r-:,t"'llaA?S10D A 11D1B1Y pM: « oCher officer ti1 cardica1a wrifllil ait, the idlr1ily at the indNaml who 11918d the doamll't llOwtiictlehiae.1fficcda ilallachld, and natlhe ~ . ~. otvaicllyoflNltdoclmenl ------------OPnONAL------------
Though thi3 section i:I optiom/. compltq thi:: infonn:ltlon can d8te< sJtal'llllon af the document o, fmuolletrt~altlr.J fwm ID an unim9ndeddoc&mll,Jt
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Item 1I - Page 72
QTY
2 1
2 1
2 1 1 1
1 1 1
1 3 3
1 3
1 2
1 1 1 1 1 1
1 1

ATTACHMENT B

COVERED EQUIPMENT

ITEM DECRIPTION
PHWP 1&2 HIGH TEMPERATURE HOT WATER PUMPS PHWP 1 & 2 CONTROLLER VFO / STARTER PUMP CONTROL PHWP3&4 LOWTEMPERTURE HOT WATER PUMP
PHWP 3 & 4 CONTROLLER VFD / STARTER PUMP CONTROL
HX1&2 HEAT EXCHANGERS PRIMARY HOT WATER SIDE ONLY

PRIMARY HOT WATER LOOP CHEMICAL CHEMICAL TREATMENT EQUIPMENT AND CHEMICALS FOR

TREATMENT PRIMARY HOT WATER LOOP ONLY - CITY COVERS SECONDARY SIDE
Engine oil ' DELIVERY, INSTALLATION, REMOVAL, DISPOSAL - CITY TO ' OBTAIN EPA WASTE GENERATOR NUMBER. CITY TO PAY FOR
DISPOSAL OF STOCKPILED WASTE OIL AS OF CONTRACT DATE.

EG-1 COGENERATION ENGINE

DIANE PANEL CONTROLLER FOR ENGINE OPERATION/ SOFTWARE
PLC (CP-1) & ALL ASSOCIATED ENGINE INTERFACE FOR DIANE CONTROLLER/ PLC SOFTWARE ONLY

RELATED SENSORS & ACTUATORS
CB (LOCATED IN GMS 480V PANEL) TRANSFER INTERLOCK CIRCUIT BREAKER FOR ENGINE

SCR CONTROLLER CONTROLLER FOR EMISSIONS SCR CATALYSTS SCR CATALYSTS/ LOCATED IN MEZZANINE

OXIDATION CATALYSTS OXIDATION CATALYSTS/ LOCATED IN MEZZANINE

EMISSIONS CONTINUOUS REPORTING DEVICE FOR ENGINE EMISSION MONITORING SYSTEM (CMS)

GAS CYCLINDERS CALIBRATION GAS FOR CMS CONTROLLER

UREA REACTANT UREA FOR EMISSION REDUCTION

UREA PUMPS TRANSFER DEVICE FOR UREA (REACTANT BOOSTER PUMPS) UREA PUMP CONTROLLER REACT ANT CONTROL CV-20 CONTROL VAL VE CV-14 CONTROL VAL VE CV-15 WAXVALVE CV-17 CONTROL VALVE

ENERGENIUS BATTERY CHARGER
MUNI PLANT CHILLER (Preventive THERMAX 400 TON ABSORPTION Maintenance onlv- see Section 3.4) SUNRISE PLANT CHILLER (Preventive MULTISTACK 150 TON
Maintenance only - see Section 3.4)
Item 1I - Page 73
....

J
-7
L_
ATTACHMENT B1

COVERED EQUIPMENT DIAGRAM
1@u
1w,.
1(Q",1;
' ;;lri : .. ___.,i,..-....,.....-~
..
-

ATTACHMENT D
Item 1I - Page 74
AMENDMENT NO. 2 TO POST-CONTRACT SERVICES AGREEMENT NO. A8470

BETWEEN THE CITY OF PALM SPRINGS AND
ENGIE U.S. SERVICES, INC.

This Amendment No. 2 to the Contract Services Agreement (A8470), (“Amendment No. 2”), is made and entered into this day of , 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and ENGIE Services U.S. Inc., a Delaware corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City owns and operates certain Facilities, including a Municipal Plant consisting of a co-generation engine and chiller system providing power and heating/cooling to various municipal buildings including the Airport, City Hall, County Building (CVEP), Corporate Yard, Fire Station No. 2, and the Police Department and Training Center, (the “Municipal Plant”).

B. On January 30, 2020, the City Council approved A8470, to operate as a PostConstruction Monitoring, Operation and Maintenance Agreement for the Municipal Plant, for a Maximum Contract Amount not to exceed $2,748,861.94.

C. On June 24, 2021, City Council approved Amendment No. 1 to amend A8470 to add $209,045 to provide maintenance and operation supervision, and monitoring services for the Building Automated System controls related to the City’s Municipal Plant and Sunrise Central Chiller, for a maximum contract amount not to exceed $2,957,906.94.

D. Cities desires to amend A8470 to add $287,345 for turnkey building automation control services to retrofit the existing Honeywell Spyder Control System with the Schneider Electric EcoStruxture Direct Digital Control System at the Palm Springs Animal Shelter, and to replace and upgrade the legacy Honeywell Carbon Monoxide monitoring and control system at the downtown parking garage, for a revised Maximum Contract Amount not to exceed $3,245,251.94.

E. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

Item 1I - Page 75

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 2.

SECTION 2. 2.01 Maximum Contract Amount. Is hereby replaced in its entirety as follows:
“2.01 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with Section 2.02,

2.10, and 2.11. Compensation for required services (inclusive of any optional services pursuant to Section 2.04 shall not exceed the maximum contract amount of $3,245,251.94 (the “Maximum Contract Amount”). The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the scope of services identified in ARTICLE 3 may be more costly and/or time-consuming than Contractor anticipates, and the Contractor shall not be entitled to additional compensation for required (and not optional) services set forth in ARTICLE 3. The maximum amount of the City’s payment obligation under this Section 2.01 is the amount specified in this Agreement. If the City’s maximum payment obligation is reached before the Contractor’s services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount, in addition to compensation for any optional services pursuant to Section 2.04.” SECTION 3. ARTICLE 3 Post-Construction Support Services. is hereby amended to incorporate Section 3.03 Palm Springs Animal Shelter Building Automation Retrofit. “Section 3.03 Palm Springs Animal Shelter Building Automation Retrofit.

Contractor to provide turnkey building automation control services to retrofit the existing Honeywell Spyder Control System with the Scheider Electric EcoStruxture Direct Digital Control System at the Palm Springs Animal Shelter, in accordance with Contractor’s proposal dated November 15, 2023, Attachment A.”
SECTION 4. ARTICLE 3 Post-Construction Support Services. is hereby amended to incorporate Section 3.04 Belardo Parking Garage Upgrade. “Section 3.04 Belardo Parking Garage Upgrade. Contractor to replace and upgrade the legacy Honeywell Carbon Monoxide monitoring and control system at the Belardo Parking Garage, in accordance with Contractor’s proposal date November 15, 2023, Attachment B.”
Item 1I - Page 76
SECTION 5. Full forces and Effect. All terms, conditions, and provisions of the Contract Services Agreement A8470, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provision of the Contract Services Agreement A8470, the provisions of this Amendment No. 2 shall in all respects govern and control.

SECTION 6. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. A8470 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
Item 1I - Page 77
SIGNATURE PAGE TO AMENDMENT NO. 2 (A8470) BY AND BETWEEN THE CITY OF PALM SPRINGS AND ENGIE SERVICES U.S. 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 Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _12/14/2023______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1I - Page 78

ATTACHMENT A
Item 1I - Page 79
Item 1I - Page 80
Engie Services U.S., Inc. 500 12" Street, Surte 300
Oakrand CA 94607
November 15, 2023
Lauri Aylaian
Rerired Amwiram
Crty ,of Palm Springs
425 N Civic Drive
Palm Springs, CA 92262
760-323-8170 office
760-322-5581 fax
City of Palm Springs Animal Center Building Automation Retrofit Dear Ms. Aylaian:
eNGie
Engie Services U.S. Inc would like to thank you for the opportunity to propose the installation of Schneider Electric Building Automaton controls. This proposal is for turnkey building automation control services to retrofit the existing Honeywell Spyder Control System with the Schneider Electric EcoStruxture Direct Digital Control System at the City of Palm Springs Animal Care Facaity.

Our services will include labor and materials to retrofit and replace the existing Honeywell Spyder system pou1t for point with a Schneider Electric EcoStruxure system and bring the system into the City of Palm Springs Enterprise Schneider Electric EcoStruxure Building Automation System.

Please review the below details, and other pertinent terms and conditions and let me know if you have any a dditional questions.

Thank you for the opportunity!
Pi;c 1 o.i9
Item 1I - Page 81
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BID DOCUMENTS:

1. City Of Palm Springs Animal Care Facility - AS-BUil TS dated 11 .05.10.

2. DWGS. 210-13001, 210-13003 - 210-13004. 210-13006 - 210-13017 PROJECT SCOPE OF WORK:

Network Infrastructure
Provide and install (1) One Schneider Electric AS-P complete with power supply and base inside the existing cabinet wit h the following:
• HTML5 Embedded Web Server Controller with 4GB of memory. • DC Power Supply.
• (2ea) Onboard BACnet MSTP Bus's (127 nodes X 2 bus's= 254 devices). • (1ea) Onboard LonWorl<s Bus (64 Nodes).
• (1ea) Modbus RTU Bus (124 nodes).
• 24vac power supply.
• 120VAC conduit and wiring is by others (We will Reuse the existing cabinets • power)
• All IT interfacing, start-up, and commissioning.
• Integration to the existing City of Palm Springs Enterprise Networl<.

Heating Hot Water System
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(1) One Schneider Electric MPC-24 IP SmartX Controller
i. 4 UIOc, 4 Forni A Relays, 16 UIOb
Point Tv~ Clas.s Device
Boiler 1 s,rvv11 Temo lnout Analm Existirv, lnvnersion Sensor Boiler 2 S•-• Temo lnout Analm Existi...,.. lrrvnersion Senser 121 HWS L= Temo lnout Analm Existirv, lnvnersion Sensor OSA Temo Sensor lnout Analm Existi...,.. OSA Temo Sensor OSA Humi<I· Sensor lnout Anal Existi OSA Hmd Sensor
Boiler B-1 Enable OU= • Diartal Existirv, Control Relav HWP-1 Enable ou~ • 0iartal Existi...,.. Control Relav
Boiler B-1 Serrviint lnout Analm Existirv, Orv Contact
HWP-1 s-Cootrol lnout Analm Existi...,.. Orv Contact
BOILER B-1 Alam, OU Oiattal Existi Dov Cootact
BOILER B-2 Status OU= • Diartal Existirv, Orv Contact
HWP-1 Status ou~ • 0iartal Existi...,.. Orv Contact
Boiler B-2 Enable OU= • Diartal Existirv, Control Relav HWP-2 Enable OU= • Diartal Existirv, Control Relav
Boiler B-2 5er ....... int ou~ • Analm Existi...,.. Orv Contact P~;c, l of 9
Item 1I - Page 82
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HWP-2 Speed Control Ootpot Analog Existing Dry Contlct
Boiler B-2 Alarm lnout Diattal Existi™' Orv Contact
Boiler B-2 Status tnout Diottal Exi~"..,.. Orv Contact
AC-1 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devic,es to retrofit the existing control panel point for point. Specifically :
(1) One Schneider Electric MPC-36 IP SmartX Controller
i. 8 UIOc, 8 Forni A Relays, 20 UIOb
Point Type Class Dev.ce
SAT Sensor lnout Analoo Existi Duct Sensor
RAT Sensor tnout Analoa Existi™' Duct Sensor
RAH Sensor tnout Analoo Existi~ Duct Sensor
s C02Sen lnout Analoo Existi Sensor
Suo. Fan En. rnnut Diaital New Cl~. Retav
Coal 1 Enable ••nut Diaital New ru. Retav
Coal 2 Enable rnnut Diaital New Cl~. Retav
Pwr. Ex. Enable ••nut Diaital New ru. Retav
EF-2 Enable ut Oiaital Existi ~ . Retav
HWVal !Clsd.l rnnut Diaital Exis. lmr. Tern. Sen.

HW Val ll 1n0n) ••nut Diaital Exis. lmr. Tern. Sen.

Ee. Dam. Pos. rnnut Analoa Existi™' Orv Cortact
Pwr. Ex S= ed rnnut Analoa Existi™' Orv Cortact
Como. 1 s,_,.,., ••nut Analoo Existi~ Orv Cortact
Suo. Fan Stab.ls tnout Diaital Existi™' Current rnv
Pwr. Ex. Slab.ls tnout Diaital Existi...,.. Current ..,,., EF-2 Stab.ls Input Digital Existing Current Rly
Bid. Pressure tnout Oiaital Existi™' DP Sensor
AC 2 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devic,es to retrofit the existing control panel point for point. Specifically :
(1) One Schneider Electric MPC-24 IP SmartX Controller
i. 4 UIOc, 4 Forni A Relays, 16 UIOb
Point T=e Class Device
Suo. Fan En. ••nut Diaital New ru. Retav
Coal 1 Enable ut Oiaital New ru. Retav
Coal 2 Enable rnnut Diaital New Cl~. Retav
EF-1 Enable ••nut Diaital Existi~ Ctr1. Relav
SUD. Fan Srv>F>n rnnut Analoa Existi™' Orv Cortact
Pwr. Ex. Speed Output Analog Existing Dry COrlacl
COmo. 1 S l ut Analoo Existi Dov COrlacl
Suo. Fan Stab.ls tnout Diaital Existi™' Current N
Pwr. Ex. Slab.ls tnout Diaital Existi...,.. Current .,
EF-1 Status tnout Diaital Existi™' Current N
SAT Sensor tnout Analoa Existi™' Duct Sensor
RAT Sensor tnout Analoo Existi...,.. Duct Sensor
Pi;c, 3 o59
Item 1I - Page 83
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RAH Sensor Input Analog Existing Duct Sensor
Duct Pressure lnout Anall'Vl Existirv, DP Sensor
Bid. Pressure lnout Anal,..,., Existi~ DP Sensor
AC 3 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(1) One Schneider Electric MPC-24 IP SmartX Controller
i. 4 UIOc, 4 Form A Relays, 16 UIOb
Point Type Closs Device
Cool 1 Enable • •nut Oiaital New Ct~. Relav
Cool 2 Enable n.•nut Oioital New ru. Relav
Ee. Dam. Pos. Outout Anall'Vl Existirv, Orv Cortact
Como. 1 Srv>F>n • •nut Anall'Vl Existirv, Orv Cortact
SAT Sensor lnout Anal,..,., Existi~ Duct Sensor
RAT Sensor lnout Anall'Vl Existirv, Duct Sensor
RAH Sensor lnout Anal,..,., Existi~ Duct Sensor
Suo. Fan En. Outout Diaital Existirv, Ctr1. Relav
Suo. Fan Srv>F>n • •nut Anall'Vl Existirv, Orv Cortact
Pwr. Ex. snAA.1'1. n.•nut Anal,..,., Existi~ Orv Cortact Suo. Fan Stab.ls lnout Diaital Existirv, Current rnv
Pwr. Ex. Stab.ls lnout Oioital Existi~ Current ..,,.,
Bid. Pressure lnout Anal Existi DP Sensor
Duct Pressure lnout Anall'Vl Existirv, DP Sensor
AC 4 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(1) One Schneider Electric MPC-36 IP SmartX Controller
i. 8 UIOc, 8 Form A Relays, 20 UIOb
Point T'~e Closs Device
Cool 1 Enable Outout Diaital New Ct~. Relav
Cool 2 Enable '"nut Oiaital New Ct~. Relav
Ee. Dam. Pos. ••nut Anal,..,., Existi~ Orv Cortact
Como. 1 Srv>F>n '"nut Anall'Vl Existirv, Orv Cortact
SAT Sensor lnout Anal,..,., Existi~ Duct Sensor
RAT Sensor lnout Anal Existi Duct Sensor
RAH Sensor lnout Anall'Vl Existirv, Duct Sensor
Suo. Fan En. n.•nut Oioital New ru. Relav
Pwr. Ex. Enable Outout Diaital New Ct~. Relav
EF-3 Enable Output Digital Existing~- Relay
EF-4 Enable ut Oioital Existi ~ . Relav
EF-5 Enable '"nut Diaital Existirv, Ctr1. Relav
Suo. Fan S,_,.,., ••nut Anal,..,., Existi~ Orv Cortact
Pwr. Ex. Sl'lF¥"0 '"nut Anall'Vl Existirv, Orv Cortact
Suo. Fan Stab.ls lnout Oiaital Existirv, Current rnv
Pwr. Ex. Stab.ls lnout Oioital Existi~ Current ..,,.,
Item 1I - Page 84
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EF-3 Status Input Digital Existing Current RJy
EF-4 Status lnout Oiaital Existi Current
Bid. Pressure lnout Analtv1 Existi™' DP Sensor
Duct Pressure lnout Anal"'"' Existi:...,.. DP Sensor
EF-5 Status lnout Diaital Existi™' Current rnv
AC s (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(1) One Schneider Electric MPC-24 IP SmartX Controller
i. 4 UIOc, 4 Forni A Relays, 16 UIOb
Point T=e Class Device
Suo. Fan En. Outout Diaital New Ct~. Retav
Cool 1 Enable ( • •nut Diaital New Ct~. Retav
Cool 2 Enable Output Digital New Ct~. Relay
EF-6 Enable ut Oiaital New Ct~. Retav
Suo. Fan Srv>F>n rnnut Analtv1 Existi™' Orv Contact
EF-6S- ••nut Anal"'"' Existi:~ Orv Contact
Como. 1 Srv>F>n rnnut Analtv1 Existi:™' Orv Contact
Sup. Fan Stab.ls Input Digital Existing Current RJy
EF-6 Status lnout Oiaital Existi Current
SAT Sensor lnout Anal Existi Duct Sensor
Bid. Pressure lnout Analtv1 Existi:™' DP Sensor
Duct Pressure lnout Anall'Vl Existi™' DP Sensor
AC 6 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(1) One Schneider Electric MPC-24 IP SmartX Controller
i. 4 UIOc, 4 Forni A Relays, 16 UIOb
Point T•~e Class Device
Suo. Fan En. rnnut Diaital New Ct~. Retav
Cool 1 Enable ••nut Diaital New Ct~. Retav
Cool 2 Enable ut Oiaital New Ct~. Retav
EF-9 Enable rnnut Diaital New Ct~. Retav
Suo. Fan S,_,.,., ••nut Anal"'"' Existi:~ Orv Contact
EF-9S~ rnnut Analtv1 Existi™' Orv Contact
Comp. 1 Speed Output Analog Existing Dry Corlact
Suo. Fan Status lnout Oiaital Existi Current
EF-9 Status lnout Diaital Existi™' Current rnv
SAT Sensor lnout Anal"'"' Existi:~ Duct Sensor
Bid. Pressure Input Analog Existing DP Sensor
Duct Pressure Input Analog Existing DP Sensor
Pi;c,S o59
Item 1I - Page 85
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AC 7 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(1) One Schneider Electric MPC-24 IP SmartX Controller
i. 4 UIOc, 4 Forni A Relays, 16 UIOb
Point T= e Class Device
SUD. Fan En. ..nut Diaital New Ct~.Relav
Cool 1 Enable rnnut Diaital New Ct~. Retav
Cool 2 Enable ••nut Diaital New Ct~. Retav
EF-7 Enable ut Oiaital New Ct~. Retav
Suo. Fan Srv>F>n rnnut Analoo Existirv, Orv Contact
EF-7S- ••nut Analoo Existi~ Orv Cortact
Como. 1 Srv>F>n rnnut Analoo Existirv, Orv Contact
SUD. Fan Stab.ls lnout Oiaital Existirv, Current rnu
EF-7 Status lnDut Diaital Existi~ Current ..,,.,
SAT Sensor lnout Analoo Existirv, Duct Sensor
Bid. Pressure lnDut Analoo Existi~ DP Sensor
Duct Pressure Input Analog Existing DP Sensor
VAV Box with Hot Water Reheat (Typical of 17)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(17) Seventeen Schneider Electric MPV-7 IP SmartX Controller i. 3UI, 3 00 Tliac, 1 AO
( 17) Seventeen Schneider Electric SmartX Temperature Sensor wrth Base Point T= e Class Device
OAT Sensor lnout Analnn Existing Duct Sensor
Space Sensor Input Analog New Smart)( Space Se<,
VAV Box with Hot Water Reheat (Typical of 31)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(31) Thirty--0ne Schneider Electric MPV-7 IP SmartX Controller i. 3UI, 3 00 Tliac, 1 AO
Point Type Class Device
OAT Sensor lnout Analnn Existing Duct Sensor
sn.•ce Sensor lnout Analnn Existing SS Space Sensor
VAV Box with Hot Water Reheat (Typical of 1)
Pa;c,6059
Item 1I - Page 86
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Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(1) One Schneider Electric MPV-7 IP SmartX Controller
i. 3UI, 3 0 0 Triac, 1 AO
( 1) One Schneider Electric SmartX Temperature Sensor with Base Point Type Class Device
OAT Sensor Input Analog Existing Duct Sensor
Freezer Temp Input Digital Existing Sensor
<:noce Sensor lnout Anal~ New SmortX Space Se<,
VAV Box with Hot Water Reheat (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
(1) One Schneider Electric MPV-7 IP SmartX Controller
i. 3UI, 3 0 0 Triac, 1 AO
Point T=e Class Device
OAT Sensor Input Analog Existing Duct Sensor
HWDPT Input Digital Existing Sensor
=•ce Sensor lnout Analnn Existing SS Space Sensor
Misc. Space Sensors (4) (IT Room I Phone Room / Maint. & Recycling Room) Room Temperature Sensors
Exhaust Fans
Exhaust fan #6 interlocked with AC #5
Exhaust fan #7 interlocked with AC #7
Exhaust fan #9 interlocked with AC #6
Professional Services:

Provision of the following professional services:
• Project Management
• Installation
• Programming
• Graphics
• Start-up/Checkout
P~;c, 7 of 9
Item 1I - Page 87
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Cost Estimate:
$ 186,622.00 (includes all applicable taxes)
Payment to ENGIE Services U.S., Inc. is not contingent on Customer's receipt of any insurance proceeds and will be invoiced by ENGIE Services U.S. Inc. to Customer in a lump sum upon the completion of the work under this Agreement. Payment due NET 30 upon receipt of invoice.

Exclusions
• Premium n me or Over Time, unless agreed upon
• Work on Nights or Weekends
Acceptance and Notice to Proceed
IN WITNESS WHEREOF, and intending to be
legally bound, the Parties hereto subscribe their
names to this Agreement by their duly authorized
officers as of the date first set forth above. City of Palm Springs:

ENGIE SERVICES U.S., Inc.:

By: ______ _ Date: --- By: __________ Date: __ _
Name: Edward Jakimzak Name: Lauri Aylaian
TIiie: Director, Reporting & Optimization Trtle: Retired Annuitant Pa;c, S o59

ATTACHMENT B
Item 1I - Page 88
Item 1I - Page 89
Engie Services U.S., Inc.
500 12" Street, Surte 300
Oakland CA 94607
November 15, 2023
Lauri Aylaian
Rerired Annuiranr
Crty of Palm Springs
425 N Civic Drive
Palm Springs, CA 92262
760-323-8170 office
760-322-5581 fax
RE: Parking Garage Upgrade
Dear Ms. Aylaian:
eNGie
Thank you for the opportunity to provide you with a quote to replace and upgrade the legacy Honeywell Carbon
Monoxide monitoring and control system at the above referenced location. we are pleased to propose our •scope of Work" and 'Clarif ications· as detailed here-in-after, based on the following mechanical plans and spec,ifications as follows:
> Based on the ' Bid Set" drawings of 3-21-14. Sheets M000, M00l. Ml00, M200, M201, M300, M400, M401, M600, M700, MD200.
, Mechanical spec,ifications on sheet Ml 00
, Current National Electrical Code requirements
, No other plans, specifications, or addenda are acknowledged or received.

Ple ase review the be low details, and othe r pertinent te rms and conditions and let me know if you have any other questions.

Thank you for the opportunity!
Item 1I - Page 90
Director, Reporting & Optimization
M. 714.482.5182
[email protected]
Scope of Work:

Garage CO Monitoring and Control: (1 Unit)
Provide and install the following:
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• PolyGard2 Multi-Point Digital Gas Detection panel, DC power supply, and expansion module with BACnet IP communications to replace the legacy main control panel and all CO sensors
• (16) Addressable Digital Gas Transmitter
• (14) Digital Gas Sensor and Control Module
• (2) Wall mounted combination strobe/horn
• (15) Exhaust Fan Command
• (7) Supply Fan Command
• Replacement of all non-compliant conduit and wiring with NEC approved materials and installation
• All IT interfacing, programming, factory approved startup, graphics, and commissioning • Integration to the existing City of Palm Springs Enterprise Server Network Connection, (1 Unit)
• HTML5 Embedded Web Server Controller with 4GB of m emory. • DC Power Supply.
• (2ea) Onboard BACnet MSTP Bus's (127 nodes X 2 bus's = 254 devices). • 24vac power supply.
• UL listed metal enc,losure with door.
• All low voltage conduit and w ire for complete installation. • All IT interfacing, startup, graphics, and commissioning • Integration to the existing City of Palm Springs Enterprise Server Item 1I - Page 91
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CLARIFICATIONS
A. Costs associated with Filing Fees. Permits, Performance Bond, or Liquidated damages are additional
charges
B. Sales Tax is included as it pertains to Gapital Improvement. unless a Tax-Exempt Certificate is issued
before billing begins
C. ENGIE will provide and install all necessary conduit and wiring. Existing conduits will be reused where possible.

Plenum cable will be used where allowed by NEC.

D. IP network connection and addressing is provided and installed by the owner.

E. Includes a two-year materials and labor warranty.

F. All work will be done during Normal Working Hours. Overtime will be billed at our standard OT rate.

Exclusions
A. Interface; service; replacement firmware or software upgrades; reprogramming, or graphics modification of any existing BMS / DDC system B. Providing or installing BACnet™ compliant interface cards, programming and required commissioning to upgrade specified, existing non-BACnet™ equipment to communicate with new BACnet™ BMS
C. Furnishing, mounting, or wiring the following:

1. DDCcontrols for systems not listed within this proposal

2. Controls for temporary Heating and Cooling

3. Rre Alarm and Smoke Control Systems. as follows:
a. FAS Panel; smoke detectors; installation, wiring and hard-wired fan inte~ocks b. Smoke Purge System and required power & operational wiring c. Stair Pressurization System and required power & operational wiring d. FSDs. SMK dampers. their actuators and required power & operational wiring e. Elevator Hostway & Stairwell shaft MDs or FSDs, their actuators & wiring

4. VFDs, Motor starters. disconnects and fuses

5. Refrigerant Monitoring panel, installation of their sniffers/sensors. and all hardwired interlocks to Chiller

6. Controls for HVAC, Plumbing or Electrical equipment furnished by others. but not identified on the mechanical plans or in the BMS specifications as being part of BMSscope
D. Furnishing or installing the following:

1. Conduit, back boxes, supports
Item 1I - Page 92

2. Line voltage wiring

3. Exhaust Fan

4. All peripheral sensors
E. Repair, service, or calibration of the following existing equipment:

1. Existing zone dampers
F. Labor for the following:

1. Demolttion; Excavation; Asbestos Abatement

2. Core-drilling; roof penetrations; cutting, patching, painting

3. Air and Water Balancing

4. Temporary and/ or stand-by labor
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5. Repair, service, calibration, upgrade, troubleshooting or start-up of the mechanical HVAC systems

6. Start-up of 3'' partY equipment {provided by respective supplier)

7. Assistance for a 3'" partY Commissioning Agent. If Commissioning Agent assistance is required, we will provide an Add price to the Quoted price, based upon the hours requested

8. Service and/or Preventative Maintenance Contract (will be Quoted as project nears completion).

Pricing:
$100,723.00 (includes all applicable taxes)
Payment to ENGIE Services U.S., Inc. is not contingent on Customer's receipt of any insurance proceeds and will be invoiced by ENGIE Services U.S. Inc. to Customer in a lump sum upon the completion of the work under this Agreement. Payment due NET 30 upon receipt of invoice.

Item 1I - Page 93
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A. Acceptance and Notice to Proceed
IN WITNESS WHEREOF, and intending to be
legally bound, the Parties hereto subscribe their
names to this Agreement by their duly authorized
officers as of the date first set forth above.

ENGIE SERVICES U.S., Inc.:

By: ______ _ Date: __ _
Name: Edward Jakimzak
Title: Director, Reporting & Optimization
City of Palm Springs:

By: __________ Date: __ _
Name: Lauri Aylaian
Title: Retired Annuitant

ATTACHMENT E
Item 1I - Page 94

Page 1 of 9 ends

Engie Services U.S., Inc.
500 12th Street, Suite 300
Oakland CA 94607
November 15, 2023
Lauri Aylaian
Retired Annuitant
City of Palm Springs
425 N Civic Drive
Palm Springs, CA 92262
760-323-8170 office
760-322-5581 fax
City of Palm Springs Animal Center Building Automation Retrofit.

Dear Ms. Aylaian:

Engie Services U.S. Inc would like to thank you for the opportunity to propose the installation of Schneider Electric Building Automaton controls. This proposal is for turnkey building automation control services to retrofit the existing Honeywell Spyder Control System with the Schneider Electric EcoStruxture Direct Digital Control System at the City of Palm Springs Animal Care Facility.

Our services will include labor and materials to retrofit and replace the existing Honeywell Spyder system point for point with a Schneider Electric EcoStruxure system and bring the system into the City of Palm Springs Enterprise Schneider Electric EcoStruxure Building Automation System.

Please review the below details, and other pertinent terms and conditions and let me know if you have any additional questions.

Thank you for the opportunity!
Edward Jakimzak
Item 1I - Page 95
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BID DOCUMENTS:

1. City Of Palm Springs Animal Care Facility – AS-BUILTS dated 11.05.10.

2. DWGS. 210-13001, 210-13003 – 210-13004. 210-13006 – 210-13017 PROJECT SCOPE OF WORK:

Network Infrastructure
Provide and install (1) One Schneider Electric AS-P complete with power supply and base inside the existing cabinet with the following:
• HTML5 Embedded Web Server Controller with 4GB of memory. • DC Power Supply.
• (2ea) Onboard BACnet MSTP Bus's (127 nodes X 2 bus's= 254 devices). • (1ea) Onboard LonWorks Bus (64 Nodes).
• (1ea) Modbus RTU Bus (124 nodes).
• 24vac power supply.
• 120VAC conduit and wiring is by others (We will Reuse the existing cabinets • power)
• All IT interfacing, start-up, and commissioning.
• Integration to the existing City of Palm Springs Enterprise Network.

Page 3 of 9 ends

HWP-2 Speed Control Output Analog Existing Dry Contact
Boiler B-2 Alarm Input Digital Existing Dry Contact
Boiler B-2 Status Input Digital Existing Dry Contact
AC-1 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPC-36 IP SmartX Controller i. 8 UIOc, 8 Form A Relays, 20 UIOb
Point Type Class Device
SAT Sensor Input Analog Existing Duct Sensor
RAT Sensor Input Analog Existing Duct Sensor
RAH Sensor Input Analog Existing Duct Sensor
Space CO2 Sen Input Analog Existing Sensor
Sup. Fan En. Output Digital New Ctrl. Relay
Cool 1 Enable Output Digital New Ctrl. Relay
Cool 2 Enable Output Digital New Ctrl. Relay
Pwr. Ex. Enable Output Digital New Ctrl. Relay
EF-2 Enable Output Digital Existing Ctrl. Relay
HW Val (Clsd.) Output Digital Exis. Imr. Tem. Sen.

HW Val (Open) Output Digital Exis. Imr. Tem. Sen.

Ec. Dam. Pos. Output Analog Existing Dry Contact
Pwr. Ex Speed Output Analog Existing Dry Contact
Comp. 1 Speed Output Analog Existing Dry Contact
Sup. Fan Status Input Digital Existing Current Rly
Pwr. Ex. Status Input Digital Existing Current Rly
EF-2 Status Input Digital Existing Current Rly
Bld. Pressure Input Digital Existing DP Sensor
AC 2 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPC-24 IP SmartX Controller i. 4 UIOc, 4 Form A Relays, 16 UIOb
Point Type Class Device
Sup. Fan En. Output Digital New Ctrl. Relay
Cool 1 Enable Output Digital New Ctrl. Relay
Cool 2 Enable Output Digital New Ctrl. Relay
EF-1 Enable Output Digital Existing Ctrl. Relay
Sup. Fan Speed Output Analog Existing Dry Contact
Pwr. Ex. Speed Output Analog Existing Dry Contact
Comp. 1 Speed Output Analog Existing Dry Contact
Sup. Fan Status Input Digital Existing Current Rly
Pwr. Ex. Status Input Digital Existing Current Rly
EF-1 Status Input Digital Existing Current Rly
SAT Sensor Input Analog Existing Duct Sensor
RAT Sensor Input Analog Existing Duct Sensor
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RAH Sensor Input Analog Existing Duct Sensor
Duct Pressure Input Analog Existing DP Sensor
Bld. Pressure Input Analog Existing DP Sensor
AC 3 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPC-24 IP SmartX Controller i. 4 UIOc, 4 Form A Relays, 16 UIOb
Point Type Class Device
Cool 1 Enable Output Digital New Ctrl. Relay
Cool 2 Enable Output Digital New Ctrl. Relay
Ec. Dam. Pos. Output Analog Existing Dry Contact
Comp. 1 Speed Output Analog Existing Dry Contact
SAT Sensor Input Analog Existing Duct Sensor
RAT Sensor Input Analog Existing Duct Sensor
RAH Sensor Input Analog Existing Duct Sensor
Sup. Fan En. Output Digital Existing Ctrl. Relay
Sup. Fan Speed Output Analog Existing Dry Contact
Pwr. Ex. Speed Output Analog Existing Dry Contact
Sup. Fan Status Input Digital Existing Current Rly
Pwr. Ex. Status Input Digital Existing Current Rly
Bld. Pressure Input Analog Existing DP Sensor
Duct Pressure Input Analog Existing DP Sensor
AC 4 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPC-36 IP SmartX Controller i. 8 UIOc, 8 Form A Relays, 20 UIOb
Point Type Class Device
Cool 1 Enable Output Digital New Ctrl. Relay
Cool 2 Enable Output Digital New Ctrl. Relay
Ec. Dam. Pos. Output Analog Existing Dry Contact
Comp. 1 Speed Output Analog Existing Dry Contact
SAT Sensor Input Analog Existing Duct Sensor
RAT Sensor Input Analog Existing Duct Sensor
RAH Sensor Input Analog Existing Duct Sensor
Sup. Fan En. Output Digital New Ctrl. Relay
Pwr. Ex. Enable Output Digital New Ctrl. Relay
EF-3 Enable Output Digital Existing Ctrl. Relay
EF-4 Enable Output Digital Existing Ctrl. Relay
EF-5 Enable Output Digital Existing Ctrl. Relay
Sup. Fan Speed Output Analog Existing Dry Contact
Pwr. Ex. Speed Output Analog Existing Dry Contact
Sup. Fan Status Input Digital Existing Current Rly
Pwr. Ex. Status Input Digital Existing Current Rly
Item 1I - Page 98
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EF-3 Status Input Digital Existing Current Rly
EF-4 Status Input Digital Existing Current Rly
Bld. Pressure Input Analog Existing DP Sensor
Duct Pressure Input Analog Existing DP Sensor
EF-5 Status Input Digital Existing Current Rly
AC 5 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPC-24 IP SmartX Controller i. 4 UIOc, 4 Form A Relays, 16 UIOb
Point Type Class Device
Sup. Fan En. Output Digital New Ctrl. Relay
Cool 1 Enable Output Digital New Ctrl. Relay
Cool 2 Enable Output Digital New Ctrl. Relay
EF-6 Enable Output Digital New Ctrl. Relay
Sup. Fan Speed Output Analog Existing Dry Contact
EF-6 Speed Output Analog Existing Dry Contact
Comp. 1 Speed Output Analog Existing Dry Contact
Sup. Fan Status Input Digital Existing Current Rly
EF-6 Status Input Digital Existing Current Rly
SAT Sensor Input Analog Existing Duct Sensor
Bld. Pressure Input Analog Existing DP Sensor
Duct Pressure Input Analog Existing DP Sensor
AC 6 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPC-24 IP SmartX Controller i. 4 UIOc, 4 Form A Relays, 16 UIOb
Point Type Class Device
Sup. Fan En. Output Digital New Ctrl. Relay
Cool 1 Enable Output Digital New Ctrl. Relay
Cool 2 Enable Output Digital New Ctrl. Relay
EF-9 Enable Output Digital New Ctrl. Relay
Sup. Fan Speed Output Analog Existing Dry Contact
EF-9 Speed Output Analog Existing Dry Contact
Comp. 1 Speed Output Analog Existing Dry Contact
Sup. Fan Status Input Digital Existing Current Rly
EF-9 Status Input Digital Existing Current Rly
SAT Sensor Input Analog Existing Duct Sensor
Bld. Pressure Input Analog Existing DP Sensor
Duct Pressure Input Analog Existing DP Sensor
Item 1I - Page 99
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Page 6 of 9 ends

AC 7 (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPC-24 IP SmartX Controller i. 4 UIOc, 4 Form A Relays, 16 UIOb
Point Type Class Device
Sup. Fan En. Output Digital New Ctrl. Relay
Cool 1 Enable Output Digital New Ctrl. Relay
Cool 2 Enable Output Digital New Ctrl. Relay
EF-7 Enable Output Digital New Ctrl. Relay
Sup. Fan Speed Output Analog Existing Dry Contact
EF-7 Speed Output Analog Existing Dry Contact
Comp. 1 Speed Output Analog Existing Dry Contact
Sup. Fan Status Input Digital Existing Current Rly
EF-7 Status Input Digital Existing Current Rly
SAT Sensor Input Analog Existing Duct Sensor
Bld. Pressure Input Analog Existing DP Sensor
Duct Pressure Input Analog Existing DP Sensor
VAV Box with Hot Water Reheat (Typical of 17)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (17) Seventeen Schneider Electric MPV-7 IP SmartX Controller i. 3UI, 3 DO Triac, 1 AO
• (17) Seventeen Schneider Electric SmartX Temperature Sensor with Base Point Type Class Device
DAT Sensor Input Analog Existing Duct Sensor
Space Sensor Input Analog New SmartX Space Sen
VAV Box with Hot Water Reheat (Typical of 31)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (31) Thirty-one Schneider Electric MPV-7 IP SmartX Controller i. 3UI, 3 DO Triac, 1 AO
Point Type Class Device
DAT Sensor Input Analog Existing Duct Sensor
Space Sensor Input Analog Existing SS Space Sensor
VAV Box with Hot Water Reheat (Typical of 1)
Item 1I - Page 100
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Page 7 of 9 ends

Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPV-7 IP SmartX Controller i. 3UI, 3 DO Triac, 1 AO
• (1) One Schneider Electric SmartX Temperature Sensor with Base Point Type Class Device
DAT Sensor Input Analog Existing Duct Sensor
Freezer Temp Input Digital Existing Sensor
Space Sensor Input Analog New SmartX Space Sen
VAV Box with Hot Water Reheat (Typical of 1)
Provide and install Schneider Electric EcoStruxure equipment and required control/sensing devices to retrofit the existing control panel point for point. Specifically:
• (1) One Schneider Electric MPV-7 IP SmartX Controller i. 3UI, 3 DO Triac, 1 AO
Point Type Class Device
DAT Sensor Input Analog Existing Duct Sensor
HW DPT Input Digital Existing Sensor
Space Sensor Input Analog Existing SS Space Sensor
Misc. Space Sensors (4) (IT Room / Phone Room / Maint. & Recycling Room) • Room Temperature Sensors
Exhaust Fans
• Exhaust fan #6 interlocked with AC #5
• Exhaust fan #7 interlocked with AC #7
• Exhaust fan #9 interlocked with AC #6
Professional Services:

Provision of the following professional services:
• Project Management
• Installation
• Programming
• Graphics
• Start-up/Checkout
Item 1I - Page 101
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Cost Estimate:
$186,622.00 (includes all applicable taxes)
Payment to ENGIE Services U.S., Inc. is not contingent on Customer’s receipt of any insurance proceeds and will be invoiced by ENGIE Services U.S, Inc. to Customer in a lump sum upon the completion of the work under this Agreement. Payment due NET 30 upon receipt of invoice.

Exclusions
• Premium Time or Over Time, unless agreed upon
• Work on Nights or Weekends
Acceptance and Notice to Proceed
IN WITNESS WHEREOF, and intending to be
legally bound, the Parties hereto subscribe their
names to this Agreement by their duly authorized
officers as of the date first set forth above.

ENGIE SERVICES U.S., Inc.:

City of Palm Springs:

By: _____________________ Date: _______ By: ________________________Date: _______ Name: Edward Jakimzak Name: Lauri Aylaian
Title: Director, Reporting & Optimization Title: Retired Annuitant Item 1I - Page 102
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Page 9 of 9 ends

Item 1I - Page 103
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Engie Services U.S., Inc.
500 12th Street, Suite 300
Oakland CA 94607
November 15, 2023
Lauri Aylaian
Retired Annuitant
City of Palm Springs
425 N Civic Drive
Palm Springs, CA 92262
760-323-8170 office
760-322-5581 fax
RE: Parking Garage Upgrade
Dear Ms. Aylaian:

Thank you for the opportunity to provide you with a quote to replace and upgrade the legacy Honeywell Carbon
Monoxide monitoring and control system at the above referenced location. we are pleased to propose our “Scope of Work” and “Clarifications” as detailed here-in-after, based on the following mechanical plans and specifications as follows:
 Based on the “Bid Set” drawings of 3-21-14. Sheets M000, M001, M100, M200, M201, M300, M400, M401, M600, M700, MD200.
 Mechanical specifications on sheet M100
 Current National Electrical Code requirements
 No other plans, specifications, or addenda are acknowledged or received.

Please review the below details, and other pertinent terms and conditions and let me know if you have any other questions.

Thank you for the opportunity!
Edward Jakimzak
Item 1I - Page 104
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Director, Reporting & Optimization
M. 714.482.5182
[email protected]
Scope of Work:

Garage CO Monitoring and Control: (1 Unit)
Provide and install the following:
• PolyGard2 Multi-Point Digital Gas Detection panel, DC power supply, and expansion module with BACnet IP communications to replace the legacy main control panel and all CO sensors
• (16) Addressable Digital Gas Transmitter
• (14) Digital Gas Sensor and Control Module
• (2) Wall mounted combination strobe/horn
• (15) Exhaust Fan Command
• (7) Supply Fan Command
• Replacement of all non-compliant conduit and wiring with NEC approved materials and installation
• All IT interfacing, programming, factory approved startup, graphics, and commissioning • Integration to the existing City of Palm Springs Enterprise Server Network Connection, (1 Unit)
• HTML5 Embedded Web Server Controller with 4GB of memory. • DC Power Supply.
• (2ea) Onboard BACnet MSTP Bus’s (127 nodes X 2 bus’s = 254 devices). • 24vac power supply.
• UL listed metal enclosure with door.
• All low voltage conduit and wire for complete installation. • All IT interfacing, startup, graphics, and commissioning • Integration to the existing City of Palm Springs Enterprise Server Item 1I - Page 105
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CLARIFICATIONS
A. Costs associated with Filing Fees, Permits, Performance Bond, or Liquidated damages are additional
charges
B. Sales Tax is included as it pertains to Capital Improvement, unless a Tax-Exempt Certificate is issued
before billing begins
C. ENGIE will provide and install all necessary conduit and wiring. Existing conduits will be reused where possible.

Plenum cable will be used where allowed by NEC.

D. IP network connection and addressing is provided and installed by the owner.

E. Includes a two-year materials and labor warranty.

F. All work will be done during Normal Working Hours. Overtime will be billed at our standard OT rate.

Exclusions
A. Interface; service; replacement; firmware or software upgrades; reprogramming, or graphics modification of any existing BMS / DDC system B. Providing or installing BACnetTM compliant interface cards, programming and required commissioning to upgrade specified, existing non-BACnetTM equipment to communicate with new BACnetTM BMS
C. Furnishing, mounting, or wiring the following:

1. DDC controls for systems not listed within this proposal

2. Controls for temporary Heating and Cooling

3. Fire Alarm and Smoke Control Systems, as follows:
a. FAS Panel; smoke detectors; installation, wiring and hard-wired fan interlocks b. Smoke Purge System and required power & operational wiring c. Stair Pressurization System and required power & operational wiring d. FSDs, SMK dampers, their actuators and required power & operational wiring e. Elevator Hostway & Stairwell shaft MDs or FSDs, their actuators & wiring

4. VFDs, Motor starters, disconnects and fuses

5. Refrigerant Monitoring panel, installation of their sniffers/sensors, and all hardwired interlocks to Chiller

6. Controls for HVAC, Plumbing or Electrical equipment furnished by others, but not identified on the mechanical plans or in the BMS specifications as being part of BMS scope
D. Furnishing or installing the following:

1. Conduit, back boxes, supports
Item 1I - Page 106
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2. Line voltage wiring

3. Exhaust Fan

4. All peripheral sensors
E. Repair, service, or calibration of the following existing equipment:

1. Existing zone dampers
F. Labor for the following:

1. Demolition; Excavation; Asbestos Abatement

2. Core-drilling; roof penetrations; cutting, patching, painting

3. Air and Water Balancing

4. Temporary and/or stand-by labor

5. Repair, service, calibration, upgrade, troubleshooting or start-up of the mechanical HVAC systems

6. Start-up of 3rd party equipment (provided by respective supplier)

7. Assistance for a 3rd party Commissioning Agent. If Commissioning Agent assistance is required, we will provide an Add price to the quoted price, based upon the hours requested

8. Service and/or Preventative Maintenance Contract (will be quoted as project nears completion).

Pricing:
$100,723.00 (includes all applicable taxes)
Payment to ENGIE Services U.S., Inc. is not contingent on Customer’s receipt of any insurance proceeds and will be invoiced by ENGIE Services U.S, Inc. to Customer in a lump sum upon the completion of the work under this Agreement. Payment due NET 30 upon receipt of invoice.

Item 1I - Page 107
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A. Acceptance and Notice to Proceed
IN WITNESS WHEREOF, and intending to be
legally bound, the Parties hereto subscribe their
names to this Agreement by their duly authorized
officers as of the date first set forth above.

ENGIE SERVICES U.S., Inc.: City of Palm Springs:

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

ACCEPTANCE OF INSTALLATION OF THE SKYLIGHT RAILINGS, CITY PROJECT 18-20
RECOMMENDATION:

Accept the public works improvement identified as installation the Skylight Railings, City Project No. 18-20, as completed in accordance with the plans and specifications; and

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of Skylight Railings, City Project No. 18-20.

2. Attachments
Item 1J

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF INSTALLATION OF THE SKYLIGHT RAILINGS, CITY PROJECT 18-20
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Formal City Council acceptance of the Skylight Railings, City Project No. 18-20 (the “Project”), is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as installation of the Skylight Railings, City Project No. 18-20, as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of Skylight Railings, City Project No. 18-20.

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable.

BACKGROUND:

On May 25, 2023, the City Council awarded a construction contract in the amount of $943,000 to CALTEC Corporation (CALTEC) for installation of Skylight Railings, City Project No. 18-20. After award of the contract, submittals were reviewed and approved, followed by ordering of long lead items. The project duration lasted approximately five (5) months to completion.

Item 1J - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Acceptance of Skylight Railings, CP 18-20
STAFF ANALYSIS:

Construction of the Project began June 26, 2023, and was determined to be substantially complete on October 30, 2023. Staff recommends that City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Therefore, Skylight Railings, City Project No. 18-20, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A, Improve City Facilities – Prioritize deferred maintenance.

FISCAL IMPACT:

The original contract amount was $943,000. During construction, the field allowance line item was not fully utilized and, as a result, the City obtained a $7,524.93 credit, for a new reduced contract amount of $935,475.07. The final balancing change order is included as Attachment B.

The City is holding retention in the amount of $46,773.75 for CALTEC, pending the acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The Project account will be closed out upon final payment to the Contractor.

REVIEWED BY:

City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1J - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Acceptance of Skylight Railings, CP 18-20
ATTACHMENTS:

A. Notice of Completion
B. Final Balancing Change Order
Item 1J - Page 3
Attachment A
Item 1J - Page 4
Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy, etc.)

2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

4. This notice is given for (check one):
⁭ Completion of the work of improvement as a whole.
⁭ Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).

5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

7. On the ____________ day of ___________, 20___, there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________

8. The real property herein referred to is situated in the City of __________________________, County of ________________________ State of California, and is described as follows:
___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:
___________________________________________________________________________________________________________ I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Page 1 of 2 ends

Recording Requested By:

When Recorded Mail To:

Item 1J - Page 5

Page 2 of 2 ends

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner”, “President”, “Authorized Agent”, “Partner”, etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date), at _____________________________________________________ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agen
Joel Montalvo/City Engineer
City of Palm Springs

PROOF OF SERVICE DECLARATION
a.
b.
c. ⁭
_____________________________________________________________ (Signature of Person Making Service)

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

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

Witness my hand and official seal.
_____________________________________________
Signature
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.

Item 1J - Page 6
Item 1J - Page 7
Attachment B
Item 1J - Page 8

Page 1 of 1 ends

CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER No. 1
SKYLIGHT RAILINGS, CITY PROJECT NO. 18‐20
Contractor: CALTEC Corporation Date: December 14, 2023

CONTRACT CHANGE ORDER SUMMARY
Final balancing change order assessing project credits.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 Credit for unused field allowance 1 LS ($7,524.93)

CHANGES TO CONTRACT TIME:
7 Calendar days will be added to the contract time due to weather delays.

Summary of Costs:

Original Contract Amount: $943,000.00 Construction Start Date: 06/26/2023 Previous Change Orders: $0.00 Previous Agreed Completion Date: 10/23/2023 This Change Order Amount: ($7,524.93) Calendar Days Added: 7 Revised Contract Amount: $935,475.07 Revised Completion: 10/30/2023 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.

CALTECH Corporation
Henry Abghari, President Date
City of Palm Springs

Approved By:

Joel Montalvo, City Engineer Date
Attest By:

Brenda Pree, City Clerk Date

Item 1J - Page 9

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

ACCEPTANCE OF INSTALLATION OF THE DESERT HIGHLAND TRAFFIC SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT NO. 20-19
RECOMMENDATION:

Accept the public works improvement identified as installation of the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19, as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19.

2. Attachments
Item 1K

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF INSTALLATION OF THE DESERT HIGHLAND

TRAFFIC SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT NO. 20-19
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Formal City Council acceptance of the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19 (“the Project”), is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as installation of the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19, as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19.

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable.

BACKGROUND:

On April 21, 2022, the City Council awarded a construction contract in the amount of $638,881 to Elecnor Belco Electric, Inc. for installation of the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19. After award of the contract, submittals were reviewed and approved, followed by ordering of long lead items. Due to the length of time to manufacture and deliver material, construction was Item 1K - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Acceptance of Desert Highland Traffic Signal, CP 20-19
scheduled to start in December 2022, but was postponed until after the holidays to minimize traffic impacts.

STAFF ANALYSIS:

Construction of the Project began January 3, 2023, and was determined to be substantially complete on November 16, 2023. Staff recommends that the City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County.

A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20- 19, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This Project aligns with City Council Priority 2B – Five (5) Year Capital Improvement Plan, five (5) year CIP with specific actions.

FISCAL IMPACT:

There is one (1) change order in the amount of $14,605.60 associated with this Project related to a revision in the project scope. The final construction cost is $653,486.60, which represents a 2.29% increase from the original contract price. Adequate funds are available in the project account to cover the approved change order cost.

The final balancing change order is included as Attachment B. The City is holding retention funds in the amount of $32,674.33 for Elecnor Belco Electric, Inc. pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The Project account will be closed upon final payment to the contractor.

Item 1K - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Acceptance of Desert Highland Traffic Signal, CP 20-19
REVIEWED BY:

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

A. Notice of Completion
B. Final Balancing Change Order
Item 1K - Page 3
Attachment A
Item 1K - Page 4
Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Page 1 of 2 ends

Recording Requested By:

When Recorded Mail To:

Item 1K - Page 5

Page 2 of 2 ends

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

PROOF OF SERVICE DECLARATION
a.
b.
c. ⁭
_____________________________________________________________ (Signature of Person Making Service)

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

Item 1K - Page 6
Attachment B
Item 1K - Page 7

Page 1 of 1 ends

CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER No. 1

DESERT HIGHLAND TRAFFIC SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD CITY PROJECT NO. 20‐19
Contractor: Elecnor Belco Electric, Inc. Date: December 14, 2023

CONTRACT CHANGE ORDER SUMMARY
This lump sum Contract Change Order No. 1 is to address additional work items set forth in the table below.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 Installation of safety bollards at the southwest corner traffic signal pole on the gas station side to mitigate potential traffic signal pole damage. 1 LS $ 5,229.00 02 Additional work conduit runs needed to complete SCE connections. 1 LS $ 9,376.60 Total Lump Sum Change Order Amount: $14,605.60
CHANGES TO CONTRACT TIME:
188 Calendar days will be added to the contract time due to delays by Southern California Edison and delays in receiving the traffic control cabinet.

Summary of Costs:

Original Contract Amount: $638,881.000 Construction Start Date: 01/03/2023 Previous Change Orders: $0.00 Previous Agreed Completion Date: 05/12/2023 This Change Order Amount: $14,605.60 Calendar Days Added: 188 Revised Contract Amount: $653,486.60 Revised Completion: 11/16/2023 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.

Elecnor Belco Electric, Inc.

Alberto Garcia, President/CEO Date
City of Palm Springs

Approved By:

Joel Montalvo, City Engineer Date
Attest By:

Brenda Pree, City Clerk Date
Item 1K - Page 8

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

ACCEPTANCE OF THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE AND AVENIDA CABALLEROS, CITY PROJECT NO. 20-33
RECOMMENDATION:

Accept the public works improvement identified as Installation of the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33, as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33.

2. Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE AND AVENIDA CABALLEROS, CITY PROJECT NO. 20-33
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Formal City Council acceptance of the Traffic Signal Installation at San Rafael Drive and Avenida Caballeros, City Project No. 20-33 (“the Project”), is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as installation of the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33, as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33.

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable.

BACKGROUND:

On April 21, 2022, the City Council awarded a construction contract in the amount of $511,706 to Elecnor Belco Electric, Inc. (Belco) for installation of the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33. After award of the contract, submittals were reviewed and approved, followed by ordering of long lead items. Due to the length of time to manufacture and deliver material, construction was Item 1L - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Acceptance of San Rafael Traffic Signal, CP 20-33
scheduled to start in December 2022, but was postponed until after the holidays to minimize traffic impacts.

STAFF ANALYSIS:

Construction of the Project began January 3, 2023 and was determined to be substantially complete on November 16, 2023. (Note: Belco was awarded this Project, as well as the Desert Highland Traffic Signal, City Project 20-19, at the same time.) Staff recommends that City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the Traffic Signal Installation San Rafael Drive and Avenida Caballeros, City Project No. 20-33, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2B – Five (5) Year Capital Improvement Plan, five (5) year CIP with specific actions.

FISCAL IMPACT:

The original contract amount was $511,706. During construction, the field allowance line item was not fully utilized and, as a result, the City obtained a $14,335.48 credit for a new reduced contract amount of $497,370.52. The final balancing change order is included as Attachment B.

The City is holding retention in the amount of $24,868.53 for Belco, pending the acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The Project account will be closed out upon final payment to the Contractor.

Item 1L - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Acceptance of San Rafael Traffic Signal, CP 20-33
REVIEWED BY:

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

A. Notice of Completion
B. Final Balancing Change Order
Item 1L - Page 3
Attachment A
Item 1L - Page 4
Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Page 1 of 2 ends

Recording Requested By:

When Recorded Mail To:

Item 1L - Page 5

Page 2 of 2 ends

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

PROOF OF SERVICE DECLARATION
a.
b.
c. ⁭
_____________________________________________________________ (Signature of Person Making Service)

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

Item 1L - Page 6
Attachment B
Item 1L - Page 7

Page 1 of 1 ends

CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER No. 1

TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE AND AVENIDA CABALLEROS CITY PROJECT NO. 20‐33
Contractor: Elecnor Belco Electric, Inc. Date: December 14, 2023

CONTRACT CHANGE ORDER SUMMARY
Final balancing change order assessing project credits.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 Credit for unused field allowance 1 LS ($14,335.48)

CHANGES TO CONTRACT TIME:
188 Calendar days will be added to the contract time due to delays by Southern California Edison and delays in receiving the traffic control cabinet.

Summary of Costs:

Original Contract Amount: $511,706.00 Construction Start Date: 01/03/2023 Previous Change Orders: $0.00 Previous Agreed Completion Date: 05/12/2023 This Change Order Amount: ($14,335.48) Calendar Days Added: 188 Revised Contract Amount: $497,370.52 Revised Completion: 11/16/2023 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.

Elecnor Belco Electric, Inc.

Alberto Garcia, President/CEO Date
City of Palm Springs

Approved By:

Joel Montalvo, City Engineer Date
Attest By:

Brenda Pree, City Clerk Date

Item 1L - Page 8

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

ACCEPTANCE OF THE BOYS AND GIRLS CLUB DRAINAGE REPAIR, CITY PROJECT 22-20B
RECOMMENDATION:

Accept the Boys and Girls Club Drainage Repair, City Project No. 22-20B, as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of Boys and Girls Club Drainage Repair, City Project No. 22-20B.

2. Attachments
Item 1M

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF THE BOYS AND GIRLS CLUB DRAINAGE REPAIR, CITY PROJECT 22-20B
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Formal City Council acceptance of the Boys and Girls Club Drainage Repair, City Project No. 22-20B (the “Project”), is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code. This is a project that was funded through the use of Measure J funds.

RECOMMENDATION:

1. Accept the Boys and Girls Club Drainage Repair, City Project No. 22-20B, as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of Boys and Girls Club Drainage Repair, City Project No. 22-20B.

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable.

BACKGROUND:

On December 2, 2021, Margaret Keung, Executive Director of the Boys & Girls Club, submitted a Measure J Community Initiated Projects Application Form to fund exterior drainage improvements at the facility. Improvements were needed, as during heavy rain events the existing drainage system would become overwhelmed, causing rain waters to flood the gym and offices. The Project was initially handled by the Facilities and Maintenance Department but was turned over to Engineering Services Department on December 1, 2022 for completion.

Item 1M - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Acceptance of Boys and Girls Club Drainage Repair, CP 22-20B On June 14, 2023, Engineering Services completed the construction documents (Plans, Specifications, and Estimate) needed for bidding. Since the Project was estimated to be less than $200,000 and, per City Ordinance No. 2049 which authorizes the City Manager to award Public Works projects for up to $200,000, the Project was put out to bid. Staff advertised the Project in the Desert Sun, plan rooms, and PlanetBids™.

On July 13, 2023, the Engineering Services Department received a total of three (3) bids with amounts shown in the following table (from lowest to highest bid):

Contractor From Amount of Bid
CMB Structures, Inc. Rancho Cucamonga, CA $134,296
Cora Constructors, Inc. Palm Desert, CA $184,800
MLC Constructors Corona, CA $211,330
The low bidder (CMB Structures) was protested by the second low bidder (Cora Constructors) in accordance with PSMC 7.08.020(2). Procurement Staff worked with Engineering Staff and the City Attorney to review the bid protest and determined that the low bidder was non-responsive for failure to comply with the bidding instructions. A copy of this determination was sent to CMB Structures. A rebuttal protest of this decision was not received from CMB Structures. Staff reviewed all bid documents submitted and determined that Cora Constructors, Inc. (Cora) complied with the instructions to bidders and submitted a responsive and responsible bid.

On August 22, 2023, the City Manager, under City Ordinance No. 2049, approved awarding a construction contract in the amount of $184,800 to Cora for installation of Boys and Girls Club Drainage Repair, City Project No. 22-20B.

STAFF ANALYSIS:

Construction of the Project began September 5, 2023, and was determined to be substantially complete on October 25, 2023. Staff recommends that City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Therefore, the Boys and Item 1M - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Acceptance of Boys and Girls Club Drainage Repair, CP 22-20B Girls Club Drainage Repair, City Project No. 22-20B, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A Improve City Facilities – Prioritize deferred maintenance.

FISCAL IMPACT:

The original contract amount was $184,800, of which the City is holding retention in the amount of $9,240 for Cora, pending the acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The Project account will be closed out upon final payment to the Contractor.

REVIEWED BY:

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

A. Notice of Completion
Item 1M - Page 3
Attachment A
Item 1M - Page 4
Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Page 1 of 2 ends

Recording Requested By:

When Recorded Mail To:

Item 1M - Page 5

Page 2 of 2 ends

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

PROOF OF SERVICE DECLARATION
a.
b.
c. ⁭
_____________________________________________________________ (Signature of Person Making Service)

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

Item 1M - Page 6

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

ACCEPTANCE OF DEMUTH DOG PARK INTERIM MEASURES SHADE
STRUCTURE, CITY PROJECT NO. 22-20C
RECOMMENDATION:

Accept the public works improvement identified as Demuth Park Interim Measures Shade Structure, City Project No. 22-20C (“Project”), as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Demuth Park Interim Measures Shade Structure, City Project No. 22-20C.

2. Attachments
Item 1N

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF DEMUTH DOG PARK INTERIM MEASURES SHADE STRUCTURE, CITY PROJECT NO. 22-20C
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Formal City Council acceptance of the Demuth Dog Park Interim Measures Shade Structure, City Project 22-20C, is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code. This is a project that was funded through the use of Measure J funds.

RECOMMENDATION:

1. Accept the public works improvement identified as Demuth Park Interim Measures Shade Structure, City Project No. 22-20C (“Project”), as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Demuth Park Interim Measures Shade Structure, City Project No. 22-20C.

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable.

BACKGROUND:

On June 12, 2023, the City awarded a construction contract in the amount of $82,066.76 to USA Shade & Fabric Structures for the Demuth Dog Park Interim Measures Shade Structure, City Project No. 22-20C.

Item 1N - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Accept CP 22-20 C Demuth Shade
STAFF ANALYSIS:

Construction of the Project began November 14, 2023, and was determined to be substantially complete on November 16, 2023. Throughout construction of the Project, there were no contract change orders.

As determined by City Staff, USA Shade & Fabric Structures completed the Project on November 16, 2023. Staff recommends that the City accept the Project as required by Section 7.04.080 of the Cit Municipal Code. Once accepted, Staff will file and record a Notice of Completion to the County. A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the Demuth Park Interim Measures Shade Structure, City Project No. 22-20C, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority #2A – Improve City Facilities – and will assist in implementing the following task: Master Plan for Parks and Recreation.

FISCAL IMPACT:

The final construction cost is $82,066.76. The City is holding retention funds in the amount of $4,103.34 for USA Shade & Fabric Structures pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The Project account will be closed upon final payment to the contractor.

REVIEWED BY:

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

A. Notice of Completion
Item 1N - Page 2
Attachment A
Item 1N - Page 3
Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Page 1 of 2 ends

Recording Requested By:

When Recorded Mail To:

Item 1N - Page 4

Page 2 of 2 ends

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

PROOF OF SERVICE DECLARATION
a.
b.
c. ⁭
_____________________________________________________________ (Signature of Person Making Service)

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

Item 1N - Page 5

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL MODIFICATIONS, FEDERAL AID PROJECT NO. HSIPLN-5282(049), CITY PROJECT NO. 18-05
RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Highway Safety Improvement Program (HSIP) Cycle 9 Traffic Signal Modifications Federal-Aid Project No. HSIPLN-5282(049), City Project No. 18-05.

Attachments
Item 1O

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL MODIFICATIONS,
FEDERAL AID PROJECT NO. HSIPLN-5282(049), CITY PROJECT NO. 18-05
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

The construction documents (Plans, Specifications and Estimate) are completed and in accordance with Section 7.04.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications and work details, and authorize the bid request for all public projects in excess of $200,000. Approval of this item will allow Staff to proceed with the Highway Safety Improvement Program (HSIP) Cycle 9 Traffic Signal Modifications Federal-Aid Project No. HSIPLN-5282(049), City Project No. 18-05.

RECOMMENDATION:

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable.

BACKGROUND:

On November 12, 2020, the City approved a Professional Services Agreement with Kimley-Horn and Associates, Inc., (“Kimley-Horn”), a North Carolina corporation, to proceed with professional environmental and engineering design services to commence with the Preliminary Engineering (PE) phase for the Project. The following intersections are included in the Project:

Item 1O - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Authorize RFP HSIP Cycle No. 9

1. Tahquitz Canyon Way / Calle Encilia

2. E. Palm Canyon Drive / Escoba Drive / S. Araby Drive

3. Ramon Road / Avenida Caballeros

4. Ramon Road / Compadre Road

5. Farrell Drive / Via Escuela

6. Sunrise Way / Tachevah Drive

7. Farrell Drive / Alejo Road

8. Indian Canyon Drive / 20th Avenue

9. Sunrise Way / Alejo Road
During the course of design and coordination with Caltrans, it was determined that cultural studies for the Historic Properties Survey Report (HPSR), Archaeological Survey Report (ASR) and Area of Potential Effects (APE) Map would be required. Since the studies were not included in the original purchase order, Kimley-Horn submitted a proposal for Amendment No.1 and on July 22, 2021, City Council approved Amendment No.1 in the amount of $18,091.

By May 2023, Staff received needed approvals from Caltrans, the State Historic Preservation Office, Tribal Agencies, and CEQA Exemption / NEPA Categorical Exclusion needed to move construction documents from 95% completion to 100% completion.

By August 2023, the construction documents needed for bidding were completed by Kimley-Horn; however, due to damages caused by Tropical Storm Hilary in August 2023, all HSIP projects not already in construction were paused until further notice.

STAFF ANALYSIS:

After discussions with Caltrans District 8, Division of Planning – Local Assistance representatives, funding is anticipated to be reinstated by the end of December 2023.

Since there is only one (1) City Council meeting in December, Staff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for this Project as soon as funding is released from Caltrans. The plan documents, specifications, and estimate are on file with the City Clerk.

With City Council approval, Staff will advertise the Project in The Desert Sun, plan rooms, and through PlanetBids™, to allow the submission of bids electronically. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be posted: January 3, 2024
Deadline for receipt of bids: February 1, 2024
Contract awarded by City Council: February 29, 2024
Item 1O - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Authorize RFP HSIP Cycle No. 9
ENVIRONMENTAL ASSESSMENT:

Construction of the Project is subject to environmental review pursuant to the California Environmental Quality Act (“CEQA”), and the National Environmental Policy Act (“NEPA”). Kimley-Horn has completed all technical and environmental analysis associated with the Project. It was determined that HSIP Cycle 9 Traffic Signal Modifications Federal-Aid Project No. HSIPLN-5282(049), City Project No. 18-05, does not individually or cumulatively have a significant impact on the environment as defined by NEPA. Caltrans has determined that the project falls under Categorical Exclusion under 23 CFR 771.117©: Activity (c)(4).

ALIGNMENT WITH STRATEGIC PLANNING:

This Project aligns with City Council Priority 2B – 5-Year Capital Improvement Plan, 5- year CIP with specific action.

FISCAL IMPACT:

The City received a HSIP Grant of $1,702,700 for the entire Project, including the PE Phase and Construction Phase as shown in the Table below.

HSIP Funding (City Project No. 18-05) Amount
PE Phase (Environmental / Design) $303,500
Construction Engineering (Contract Admin / Inspection) $182,500 Construction $1,216,700
Total HSIP Grant $1,702,700
The initial construction estimate at the time of the application in 2018 was $1,216,700, but as of May 2023, the estimate has increased to $1,600,000. Based on recent projects in construction or completed in 2023, the total cost of the Project is estimated as shown in the Table below:

HSIP Funding (City Project No. 18-05) Amount
PE Phase (Environmental / Design) ($303,500)
Construction Engineering (Contract Admin / Inspection) ($350,000) Construction ($1,600,000)
10% Contingency ($160,000)
Total HSIP Grant $1,702,700
Additional funds needed to complete project ($710,800)
Staff will be submitting a request for additional HSIP federal funds. Due to escalation of construction costs, it will be necessary for the City to supplement the HSIP federal funds Item 1O - Page 3
City Council Staff Report
December 14, 2023 -- Page 4
Authorize RFP HSIP Cycle No. 9
with local funds to complete this Project to the extent Caltrans is unable to grant the City additional funding. Staff will recommend utilizing Gas Tax Funds at the time of contract award if HSIP funds are not available.

REVIEWED BY:

City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1O - Page 4

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

APPEAL OF SKYCAN, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-098
RECOMMENDATION:

The City Council grant the appeal for the extension of the Permit (as defined below) and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, ON THE APPEAL OF SKYCAN, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-098 reflecting the granting of the extension without the payment of any penalty.

If any City Council member is inclined to deny the appeal, then this item must be placed on the agenda as an action item and the City Council must hold a public hearing.

Attachments
Item 1P

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPEAL OF SKYCAN, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-098
FROM: Scott C. Stiles, City Manager
BY: Zachary Scalzo, Deputy City Attorney and
Veronica Goedhart, Department of Special Program Compliance SUMMARY:

The City Council will consider an appeal by Skycan, LLC, a California Corporation (“Appellant”) seeking to extend the Cannabis Permit No. C-2019-098. This is an appeal of an expiration of the Conditional Cannabis Permit issued on August 5, 2020, and a request for a twelve-month extension of the Conditional Cannabis Permit. This request is made pursuant to Palm Springs Municipal Code (“PSMC”) § 5.55.080, the Permittee may appeal to City Council and request a second twelve-month extension, and by reference PSMC § 2.05, Skycan, LLC timely appealed the City’s determination.

RECOMMENDATION:

The City Council grant the appeal for the extension of the Permit (as defined below) and adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SKYCAN, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-098 reflecting the granting of the extension without the payment of any penalty.

If any City Council member is inclined to deny the appeal, then this item must be placed on the agenda as an action item and the City Council must hold a public hearing.

DEPARTMENT OF SPECIAL PROGRAM ACTION:

On August 7, 2023, Skycan, LLC (“Skycan”) emailed the Department of Special Program Compliance (“DSPC”) (Attachment B) requesting a meeting to discuss delays in receiving the necessary building permits to complete the construction of their business.

They communicated their concern as their Conditional Cannabis Permit (Attachment C) was set to expire on November 4, 2023. Upon review of the evidence submitted and consultation with the City Attorney, it was determined that despite the delays that were Item 1P - Page 1
City Council Staff Report
December 14, 2023 - Page 2
Skycan, LLC - Appeal
outside the control of the Skycan, they would need to request an extension of their Permit from City Council.

APPELLANT’S RESPONSE:

On November 1, 2023, Skycan filed an appeal of the expiration of their Conditional Cannabis Permit (Attachment D), in accordance with PSMC § 2.05. The appeal is based on delays in receiving the necessary City building permits to complete construction.

BACKGROUND:

On August 5, 2020, Skycan was issued a Conditional Cannabis Permit for a cannabis dispensary and transportation and distribution permit at the proposed site of 3573 N. Anza in Palm Springs. The permit was extended pursuant to Palm Springs Municipal Code

5.55.070 which states that Conditional Cannabis permits at newly constructed buildings shall expire twenty-four (24) months from the date of issuance, an additional three months were provided due to the COVID pandemic delays.

November 4, 2023, Permit Expiration:

Skycan proactively reached out the DSPC in August 2023 communicating the delay in receiving the necessary building permits to complete their project. The delay halted their project, and they were aware the November 2023 expiration date of their Conditional Cannabis Permit was quickly approaching. Even though the delays were no fault of Skycan, the only option to request an extension of the Permit would be to appeal the expiration to Council. It was communicated to permit holders that they could appeal to City Council pursuant to PSMC §5.55.080 Adult-Use Cannabis Permit Application Process and would require the Permittee to demonstrate substantial progress toward becoming operational. Additionally, if granted the Permittee could be required to pay a penalty determined by City Council and not to exceed ten thousand dollars ($10,000).

ANALYSIS:

The City’s Building Department experienced multiple factors that created a backlog of permits, at the height, the backlog exceeded 700 permit applications. The City’s implementation of a new software system, EnerGov, created many setbacks in addition to staffing shortages. PSMC § 5.55.080 requires that a Permittee must demonstrate measurable progress toward becoming operational and no unreasonable delay. Skycan has provided evidence to support substantial progress (Attachment E), including but not limited to, completion of the grading, finalization of plan submittal corrections, and working on their State cannabis license applications. The sole item needed to complete their construction is securing the building permit. On November 16, 2023, the Building Department communicated to the Department of Special Program Compliance that Skycan’s building permit is approved.

Item 1P - Page 2
City Council Staff Report
December 14, 2023 - Page 3
Skycan, LLC - Appeal
CONCLUSION:

As explained above, Building Department delays, beyond Skycan’s control resulted in the expiration of the Permit. City staff believes the above demonstrates that Skycan has made substantial progress in the completion of their proposed cannabis project for an additional permit extension pursuant to PSMC § 5.55.080. Pursuant to PSMC § 2.05.080, Skycan, LLC (the appellant) has met the burden to establish why the Conditional Cannabis Permit should be granted an extension.

The Palm Springs Municipal Code mandates that Council decide upon this appeal within fifteen (15) days after the hearing; however, may extend its time for a decision for a period of up to ninety (90) days. (See PSMC § 2.05.100).

REVIEWED BY:

Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Resolution
B. 08/07/2023 Email
C. Conditional Cannabis Permit C-2019-098
D. Appeal Form
E. 10/19/23 Letter Demonstrating Progress
Item 1P - Page 3

ATTACHMENT A
Item 1P - Page 4
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF

SKYCAN, LLC EXPIRATION OF CONDITIONAL
CANNABIS PERMIT NO. C-2019-098

WHEREAS, Skycan, LLC was issued Conditional Cannabis Permit No. C-2019- 098 pursuant to Palms Springs Municipal Code 5.55 on August 5, 202.; and WHEREAS, Skycan, LLC Conditional Cannabis Permit No. C-2019-098 expired on November 4, 2023, and an additional twelve-month extension was requested requiring the approval of City Council and subject to a penalty of up to $10,000, Palm Springs Municipal Code 5.5.080; and
WHEREAS, Skycan, LLC filed an appeal of the expiration of Conditional Cannabis Permit No. 2019-067 on November 1, 2023; and
WHEREAS, the City Council of the City of Palm Springs reviewed the staff report and supporting evidence on December 14, 2023; and
WHEREAS, the City Council of the City Palm Springs was presented evidence that Skycan, LLC has demonstrated substantial progress to becoming operational; and WHEREAS, the City Council of the City of Palm Springs has carefully reviewed and considered all the evidence presented in connection with said appeal on December 14, 2023; and

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND, after due consideration given to the relevancy, weight, and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with the City Council’s procedure, as follows:

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

Item 1P - Page 5
Resolution No. _____

Page 2 ends

SECTION 2.

Skycan, LLC has failed to provide substantial evidence of progress toward becoming operational and no unreasonable delay. Beatitude, LLC has failed to present evidence identifying unique factors that impeded them from becoming operational. The City Council upholds the expiration of Conditional Cannabis Permit No. C-2019-098 and the request by Skycan, LLC for a twelve-month extension is denied.

Skycan, LLC has presented substantial evidence of progress toward becoming operational and no unreasonable delay. The City Council grants a twelve-month extension pursuant to Palm Springs Municipal Code

5.55.080. Skycan, LLC shall pay a penalty in the amount of $__________.

ADOPTED THIS ___TH DAY OF ________________, _________.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 1P - Page 6
•
•
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 14, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE

CITY CLERK
Item 1P - Page 7
Item 1P - Page 8

ATTACHMENT B
Item 1P - Page 9
Veronica Goedhart
From:

Sent:

To:

Cc:

Subject:

Follow Up Flag:

Flag Status:

Lea Leu < [email protected]>
Monday, August 7, 2023 3:03 PM
Veronica Goedhart; Michael Milan
Licensing Group
Skycan
Follow up
Flagged
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Hello Veronica and Michael,
As you know Skycan has begun construction, but encountered some delay from the City with the issuance of its Building Permit and we would like to request an appointment with you to discuss, and hopefully, resolve, because this is the last major piece we need to work toward becoming operational.

For example, Skycan submitted revisions to the Building and Safety Department of Palm Springs (BSD PM) on July 14, 2022, but did not receive an answer to its many emails and calls to BSDPM. Finally, on November 7, 2022, Skycan was informed by Angela Lafrance that the planner, Alberto Gradilla, had been transferred to a different department, without notification or response to Skycan' s architect.

When Skycan determined the planner had been changed to Jackie Linares, its architect contacted her and finally got an update.

Skycan's architect kept contacting the City weekly for months to get follow up. Skycan received its Bureau Vista's final plans approval on May 15, 2023. Then, the BSDPM closed from May 11 - May 22, 2023, when Skycan's architect reinitiated consistent follow ups, but still was not receiving any answer.

In the absence of BSDPM's responses, Skycan's architect was forced to go to the BSD PM on July 13th to try to get information in person. She was informed that the City's new digital system only has records up to Skycan's fourth resubmittal that was submitted on August 2, 2022. Since that submittal, Skycan has two revised plan checks, submitted revisions on December 13, 2022, February 16, 2023 and April 25, 2023, following up consistently without receiving answers until they finally commuted to Palm Springs.

Can you please let us know a good time for a Zoom or Teams meeting so we can understand how best to move forward as we will need to submit another extension request? Thank you so much!
1 Item 1P - Page 10
Lea Leu
Licensing
Phone 213-314·0028 Mobile 213-314-0148
Web www.enso.law Email [email protected]
500 S. Grand Avenue, 18~ Floor Los Angeles, CA 90071
CONFIDENTIAL MESSAGE:

This message and any attachment/s contain information which is confidential or privileged by law. If you are not the intended recipient, the reading, use, copy, disclosure or distribution of this information is prohibited. If you have received this message in error, please notify the sender immediately and delete as well as destroy any physical copies in your possession.

This e-mail is not a formal communication. Unless expressly stated, this message does not authorize an agreement or create a binding signature.
2 Item 1P - Page 11
· ATTACHMENT C
Item 1P - Page 12
Application Case No.: C-2019-098

CITY OF PALM SPRINGS

CANNABIS RELATED BUSINESSES AND ACTIVITIES CONDITIONAL PERMIT 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CALIFORNIA 92262 (760) 322-8382 THIS PERMIT CERTIFIES THAT: SK\'CAN LLC
Project Address: 3573 N Anza Road, Palm Springs, California 92262 Owner Name·. S'K.yCan LLC ' Poor.e·. {2.13) 596--9000
A California Limited Liability Corporation ~
Has been granted a CONDITIONAL REGULATORY PERMIT to conduct the followin~ b . s!f/es under City Ordinance No. 2005, otherwise known as the CANNABIS RELATED AND SES AND ACTIVITIES ORDINANCE of the City of Palm Springs, subject to the provisions o ertinent laws, ordinances and related administrative regulations.

THIS PERMIT DOES NOT AUTHORIZE THE HOLDER TO COMMEN A TIONS. [gJ 5.55.095 Dispensary •
D 5.55.095 (6) Consumption Lounge
D 5.55.097 Manufacturing
D Volatile (Type 7)
D Non-Volatile (Type 6)
D Non-Volatile Infusions (Type N) Small Outdoor D Non-Volatile Packaging and Labeling (Type P) 0 5.55.098
Type 2A Small Indoor
[gJ 5.55.099 • Type 3 Outdoor
• Type 3A Indoor
• Type 38 Mixed Light
• Type4 Nursery
oes not reflect the issuance or guarantee the issuance of any building permit(s) or business ust obtain all necessary State and Local approvals prior to commencement of cannabis related r · ns. Failure to comply with these conditions will result in immediate revocation of re ulatory permit. ved for and by the authority of the City Manager of the City of Palm Springs, « ~ day of ~ 2022. By: ~6..lJ._a,vJ(IU
Teresa Gallavan,
Interim City Manager
DATE OF ISSUANCE: 03/03/2021
DATE OF EXPIRATION: 11/04/2023
Item 1P - Page 13

ATTACHMENT D
Item 1P - Page 14
Skycan, LLC

ADDRESS/ DIRECCI N
3573 N Anza Road

CITY/ CIUDAD
Palm Springs
Appeal Form
Formulario de Apelaci6n
City of Palm Springs
Reserved for Filing Stamp

RECEIVED
NOV· 1 2023
TEL (760) 323 -8204 I FAX (760) 322-8332

STATE/ ESTADO
CA
OFFI ~E OF THE CITY CLER ~
[email protected]

PHONE /TELEFONO
213-314-0214

ZIP / C OIGO FAX/ EL FAX
POSTAL
92262
The date the decision being appealed was rendered/ he application or project was entitled/ La apricacl6n o La fecha en que se emiti6 la decisi6n que se esta apelando: royecto tenfa derecho:
11 / 04/ 2023 03/ 03/ 2021

SPECIFY THE BASIS FOR THE APPEAL IN DETAIL (YOU MAY USE AS MANY ADDITIONAL SHEETS AS NECESSARY)/

ESPECIFIQUE LA BASE PARA LA MEDIDA EN DETALLE (PUEDE UTILIZAR TANTAS HOJAS ADICIONALES COMO SEA NE:CESARIO):

Please see the attached letter

FOR STAFF USE ONLY
• Appeal to City Council • Appeal to Administrative Appeal Board This completed form must be sent to:

City of Palm Springs Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
- J
Item 1P - Page 15
October 19, 2023
VIA US Mail and Email
Attn: Veronica Goedhan and Michael Milan
City of Palm Springs ('•City")
Department of Special Program Compliance
425 N. Civic Drive
Palm Springs, CA 92262
veronica.goedhart/@palrnsprinesca.gov
Re: Request for Extension, Skycan LLC ("Skycan"), Canna bis Related Businesses and Activities Conditional Permit ("CCUP") No. C-2019-098
Dear Ms. Goedhart and City Council,
Skycan respectfu lly requests an extension of its CCUP (C-20 19-098) pursuant to Palm Springs Municipal Code ("PSMC") section 5.55.080(A) because Skycan has already begun construction and has made substantial progress without unreasonable delay. Skycan·s permit expires on November 4, 2023 and is attached hereto as Exhibit A. Despite completing grading, having approved plans since May 15. 2023 and being advised the building pennit.s are ready to issue, Skycan is still waiting on its building permits to issue, finish construction, and become operational.

To provide you background, Skycan's Major Architectural Case 3.4073 ('·MAJ") and prior conditional use permit (''CUP'') were approved by the Planning Commission on October I 0, 2018.

Skycan's first application for a cultivation CCUP was suspended due to a moratorium on new cannabis applications in the City. When the moratorium was lifted, the zoning code was amended to no longer allow cultivation in an M- 1 zone. Due to the zoning amendments, the CUP became unnecessary because the project had to give up the cultivation application. At the time, Skycan was advised by the City to submit an application for other uses, as it had already expended so much time and money on the project and already had an approved MAJ to construct the building. Skycan submitted its CCUP application around December 23, 2019, as soon as the new owners took over.

The CCUP was issued on August 2, 2020.

The MAJ expired in October 2020 and was extended by the Planning Commission in December 2020. Since that time. Skycan has begun construction at the property and has continued to work diligently to finish construction and complete the other conditions of the CCUP.

Due to previous delays related to the COVID-19 pandemic and backlogs in Planning heavily delaying responses for plan checks, Skycan received its first 12 months extension to get operational on or around September 19, 2022. with the permit issued on January 30. 2023, and expiring on November 4, 2023.

To grant the requested extension, the City Council must find that Skycan has demonstrated a ·'showing of substantial progress toward becoming operational and no unreasonable delay" by showing "measurable progress to becoming operational" and --unique factors that impeded·· it from becoming operational." (PSMC 5.55.080(A).)
www .enso. law
Item 1P - Page 16
A. SKYCAN HAS BEGUN CONSTRUCTION.

Skycan is in the process of completing construction, making substantial progress for its commercial cannabis business. Skycan had its grading perm it issued on October 6, 2021 , and completed grading in around Dec 202 1 - Jan 2022. Despite Bureau Vcritas' approval of the fi nal plans on May 15, 2023, Skycan was unable to receive response from the City Planning Department ("Planning''), despite multjple attempts by its architect and counsel to reach someone for the final approvals as explained more fully below. We have come to understand that Planning underwent various challenges including a change in its document management system as well as staff turnover which added to lack of communication with Skycan and timely approvals.

While waiting on the building pennits for the plans approved months ago, Skycan has been working on its state cannabis license applications and the state retail storefront and distribution licenses have been approved by the Department of Cannabis Control ("DCC''). The only item needed to complete the project is Skycan's building permit. which, when approved, will allow construction lo be completed within the next year, obtain its Certificate of Occupancy and begin operations.

B. SKYCAN HAS NOT UNREASONABLY DELAYED THE PROJECT.

Skycan has encountered some significant delays in obtaining its final building permit. These delays were outside of its control. Prior to the approval issued on May 15, 2023, Sky can's architect worked diligently to provide all requested plan check revisions in a timely manner, but lhe Building and Safety Department of Palm Springs ("BSDPM'') has taken more than six months to process requested revisions. Luckily. as of October 16, 2023, we have confirmed with BSDPM and Special Program Compliance department that all approvals have been provided and once the building permits are issued Skycan can commence construction. Moreover, we request that the City of Palm Springs waive the fees requested under (Palm Springs Municipal Code 5.55.080(A)) as the delays detailed above wete outside of the control ofSkycan.

In light of the above and the considerable expense it has already expended on this project to date (and plans to have to expend to finish construction), Skycan is concerned Lhere will be further delays with the City's processing of the building pem,its, final inspections or the COO and is thus respectfully requesting this extension to allow it to get operational pursuant to PSMC 5.55.080(A).

A denial of this extension request would cause Sky can to suffer irreparable harm since it has purchased the prope1ty and plans to complete construction for the sole purpose of complying with the CCUP.

Thank you so much for your consideration and assistance. ( •'
Sincerely yours,
Isl David R. Welch
David R. Welch
www.enso.law
Item 1P - Page 17

APPEAL FORM

OFFICE OF THE CITY CLERK
Filing your Appeal
This Appeal form must be completed and filed with the Office of the City Clerk to appeal the decision of the Palm Springs Planning Commission. This form may also be used to file an appeal to the Administrative Appeals Board, pursuant to the City of Pa lm Springs Municipal Code. The required filling fee must accompany the appeal form. Please contact the City Clerk's Office for fee amounts.

You may appeal the decision of the Palm Springs Planning Commission to the City Council by filing with the City Clerk the Appeal Form and paying to the City Clerk the required filing fee. Please contact the City Clerk's Office for fee amounts.

The Appeal Form must be filed no later than ten (10) days following the date of mailing of the Notice of the Action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than fifteen (15) days following the date of the Action which is the subject of the appeal. You will be mailed a copy of the appeal within five (5) days after filing.

Mail your Appeal and filing fee to:

City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Once the Appeal is received, the Office of the City Clerk will schedule your appeal within 45 days of receiving your appeal. You will be mailed written notice to the address indicated on your Appeal, of the time and place for your Appeal Hearing. This notice will be mailed to you at least ten (10) ca lendar days prior to your hearing date.

At the Appeal Hearing, you will be required to take an oath and you may present testimony or evidence (written or verbal) concerning the specific grounds for appeal set forth in your notice of appeal and you shall have the burden of establishing cause as to why the action appealed from should be altered, reversed, or modified.

Questions?
Please contact the Office of the City Clerk at (760) 323- 8204.

Item 1P - Page 18

FORMULARIO DE APELACION

OFICINA DEL SECRETARIO MUNICIPAL
Como presentar su apelaci6n
Este formulario de apelacion debe completarse y presentarse en la Oficina del Secretario Municipal para apelar la decision de la Comision de Planificacion de Palm Springs. Este formulario tambien se puede utilizar para presentar una apelacion ante la Junta de Apelaciones Administrativas, de conformidad con el C6digo Municipal de la Ciudad de Palm Springs. La tarifa de presentacion requerida debera acompanar al formulario de apelacion. Comuniquese con la Oficina del Secretario Municipal para conocer los montos de las tarifas.

Podra apelar la decision de la Comision de Planificacion de Palm Springs ante el Consejo Municipal presentando el Formulario de Apelacion ante el secretario municipal y pagando al secretario municipal la tarifa de presentacion requerida. Comunfquese con la Oficina del Secretario Municipal para conocer los montos de las tarifas.

El Formulario de Apelacion debe presentarse a mas tardar diez (10) dfas despues de la fecha de envfo por correo del Aviso de Acci6n por el cual se presenta la apelacion o, si no hubo tal envio y/o nose requiere ninguno, en un plazo maximo de quince (15) dfas tras la fecha de la accion objeto de la apelacion. Se le enviara por correo una copia de la apelaci6n dentro de los cinco (5) dias posteriores a la presentacion.

Envle su apelaci6n y la tarifa de presentaci6n a:

City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Una vez que se reciba la apelaci6n, la Oficina del Secretario Municipal programara su apelaci6n dentro de los 45 dlas posteriores a la recepcion de su apelaci6n. Se le enviara una notificaci6n por escrito por correo postal a la direccion indicada en su apelacion, informando sobre la hora y el lugar de su audiencia de apelaci6n. Este aviso le sera enviado por correo al menos diez (10) dfas naturales antes de la fecha de su audiencia.

En la audiencia de apelaci6n, se le pedira que preste juramento y podra presentar su testimonio o evidencia (escrita o verbal) con respecto a los motivos especfficos de apelacion establecidos en su notificaci6n de apelaci6n y usted tendra la carga de establecer la causa de por que la acci6n sobre la que se apela debe ser alterada, revertida o modificada.

Hiene alguna pregunta?
Por favor comuniquese con la Oficina del Secretario Municipal al (760) 323- 8204.

Item 1P - Page 19
paper p1anes Realty LLC
10/31/2023
Preferred Bank
City of Palm Springs
Appeal fee - Skycan LLC- 3573 N. Anza Road

RECEIVED
NOV O 1 2023

OFFICE OF THE CITY CLERK
Appeal fee - Skycan LLC- 3573 N. Anza Road
1023
637.00
637.00
Item 1P - Page 20
-·
City of Palm Springs, CA

FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
11/06/2023 02 : 28PM Shahriar
001923- 0003

MISCELLANEOUS

OTHER CHARGE CURRENT

SVC (OTHCHG)
2024 Item: OTHCHG
1@ $637 . 0000
Balance unpaid : -$637 . 00

OTHER CHARGE CURRENT
SVC (OTHCHG) $637 . 00

RECEIVED
NOV 6 2023

OFFICE OF THE CITY CLERK
Subtotal
Total
CHECK
Check Number 1023
Change due
$637.00
$637.00
$637.00
$637 . 00
$0.00
Paid by : PAPER PLANES REALITY, LLC

CITY CLERK ' S OFFICE - CITY COUNCIL
APPEAL#C- 2019- 098 - SKYCAN
PAID
NOV O 6 2023
Thank you for your payment
City of Palm Springs, CA COPY

DUPLICATE RECEIPT
~~~ l0.t.J
CfTY Of= PALM SPR!N!3t
Item 1P - Page 21
Cit y of Palm Springs , CA

FINANCE DEPARTMENT
PO Box 2 743
Palm Spri ngs, CA 922 63- 2743
+1 (760) 323-8299
11/06/2023 02 : 31PM Shahriar
001923- 0004

MISCELLANEOUS

OTHER CHARGE CURRENT

SVC (OTHCHG)
2024 Item: OTHCHG
1 @ $40 . 0000
Balance unpaid : - $40 . 00

OTHER CHARGE CURRENT

SVC (OTHCHG)
Subtotal
Total

TP CREDIT CARD
************0486
$40 . 00
$ 40.00
$40. 00
$40 .00
$4 0 . 00
Ref=c8d829cd-cl40-464b-8c73-5a6f2cacf639
Auth=91347D
Ncr PAID
-------------- NOV O 6 2023
Change due $ 0 . 00 ~

RECEIVED
NOV 6 2023

OFFICE OF THE CITY CLERK
Paid by : CHRI STINE WELCH I CITY CLEf€ftY OF PALM SPR\NC::

OFFICE - CITY COUNCIL APPEAL#C- 2019- 098
- SKYCAN ( PAYMENT 20F2 FOR REMAINING
BALANCE OF $40 . 00)
Thank you for your payment
City of Palm Springs, CA COPY

DUPLICATE RECEIPT
Item 1P - Page 22

ATTACHMENT E
Item 1P - Page 23
October 19, 2023
VIA US Mail and Email
Attn: Veronica Goedhart and Michael Milan
City of Palm Springs ("City"')
Department of Special Program Compl iance
425 N. Civic Drive
Palm Springs, CA 92262
[email protected]
Re: Request for Extension, Skycan LLC ("Skycan"), Cannabis Related Businesses and Activities Conditional Permit ("CCUP") No. C-2019-098
Dear Ms. Goedhart and City Council,
Skycan respectfully requests an extension of its CCUP (C-2019-098) pursuant to Palm Springs Municipal Code ('"PSMC") section 5.55.080(A) because Skycan has already begun construction and has made substantial progress without unreasonable delay. Skycan's permit expires on November 4, 2023 and is attached hereto as Exhibit A. Despite completing grading, having approved plans since May 15, 2023 and being advised the building perm its are ready to issue, Skycan is still waiting on its building permits to issue, finish construction, and become operational.

To provide you background, Skycan's Major Architectural Case 3.4073 ("MAJ") and prior conditional use permit ("CUP"') were approved by the Planning Commission on October I 0, 2018.

Skycan's first application for a cultivation CCUP was suspended due to a moratorium on new cannabis applications in the City. When the moratorium was lifted, the zoning code was amended to no longer allow cultivation in an M-1 zone. Due to the zoning amendments, the CUP became unnecessary because the project had to give up the cultivation application. At the time, Skycan was advised by the City to submit an application for other uses. as it had already expended so much time and money on the project and already had an approved MAJ to construct the building. Skycan submitted its CCUP application around December 23.20 19. as soon as the new owners took over.

The CCUP was issued on August 2, 2020.

The MAJ expired in October 2020 and was extended by the Planning Commission in December 2020. Since that time, Skycan has begun construction at the property and has continued to work diligently to finish construction and complete the other conditions of the CCUP.

Due to previous delays related to the COVI D-19 pandemic and backlogs in Planning heavily delaying responses for plan checks, Skycan received its first 12 months extension to get operational on or around September 19, 2022, with the permit issued on January 30, 2023, and expiring on November 4, 2023.

To grant the requested extension, the City Council must find that Skycan has demonstrated a '"showing of substantial progress toward becoming operational and no unreasonable delay"' by showing ·'measurable progress to becoming operational'" and '·unique factors that impeded"' it from becoming operational."' (PSMC 5.55.080(A).)
www.enso.law
Item 1P - Page 24
A. SKYCAN HAS BEGUN CONSTRUCTION.

Skycan is in the process of completing construction, making substantial progress for its commercial cannabis business. Skycan had its grading permit issued on October 6, 2021. and completed grading in around Dec 2021 - Jan 2022. Despite Bureau Veritas· approval of the final plans on May 15, 2023, Skycan was unable to receive response from the City Planning Department ('·Planning"). despite multiple attempts by its architect and counsel to reach someone for the final approvals as explained more fully below. We have come to understand that Planning underwent various challenges including a change in its document management system as well as staff turnover which added to lack of communication with Skycan and timely approvals.

While waiting on the building permits for the plans approved months ago. Skycan has been working on its state cannabis license applications and the state retail storefront and distribution licenses have been approved by the Department of Cannabis Control ("DCC'). The only item needed to complete the project is Skycan's building permit which, when approved. wil l allow construction to be completed within the next year, obtain its Certificate of Occupancy and begin operations.

B. SKYCAN HAS NOT UNREASONABLY DELAYED THE PROJECT.

Skycan has encountered some significant delays in obtaining its final building permit. These delays were outside of its control. Prior to the approval issued on May 15, 2023. Skycan·s architect worked diligently to provide all requested plan check revisions in a timely manner. but the Building and Safety Department of Palm Springs ( .. BSDPM .. ) has taken more than six months to process requested revisions. Luckily. as of October 16, 2023. we have confirmed with BSDPM and Special Program Compliance depa11ment that all approvals have been provided and once the building permits are issued Skycan can commence construction. Moreover, we request that the City of Palm Springs waive the fees requested under (Palm Springs Municipal Code 5.55.080(A)) as the delays detailed above were outside of the control of Skycan.

In light of the above and the considerable expense it has already expended on this project to date (and plans to have to expend to finis h construction), Skycan is concerned there wi II be further delays with the City's processing of the buildi ng permits. final inspections or the COO and is thus respectfully requesting this extension to allow it to get operational pursuant to PSMC 5.55.080(A).

A denial of this extension request would cause Skycan to suffer irreparable harm since it has purchased the property and plans to corn plete construction for the sole purpose of complying with the CCUP.

Thank you so much for your consideration and assistance.

Sincerely yours.

Isl David R. Welch
David R. Welch
www.enso.law

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 2090 ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION

OF CATALYTIC CONVERTERS IN THE CITY
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2090, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM

SPRINGS MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.” Attachments
Item 1Q

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2090 ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS

MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE

UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY FROM: Scott C. Stiles, City Manager
BY: Office of the City Clerk
SUMMARY:

This is the second reading of an ordinance that would amend the Palm Springs Municipal Code to prohibit the possession of detached catalytic converters without proof of ownership.

RECOMMENDATION:

PALM SPRINGS MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.” STAFF ANALYSIS:

On November 9, 2023, Ordinance No. 2090 was introduced for first reading, as noted below:

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to introduce an ordinance for first reading, Ordinance No. 2090, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE

PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.” City Attorney’s Summary: This ordinance would amend the Palm Springs Municipal Code to prohibit the possession of detached catalytic converters without proof of ownership.

Item 1Q - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Second Reading & Adoption of Ordinance No. 2090
This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Brenda Pree
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Ordinance No. 2090
Item 1Q - Page 2

ATTACHMENT A
Ordinance No. 2090
Item 1Q - Page 3
46708.00100\40920509.1
ORDINANCE NO. 2090

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102
TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE

ESTABLISHING REGULATIONS PROHIBITING THE

UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS

IN THE CITY
City Attorney’s Summary
This ordinance would amend the Palm Springs Municipal
Code to prohibit the possession of detached catalytic
converters without proof of ownership.

WHEREAS, in 2021, approximately 1,600 catalytic converters were reportedly stolen in California each month, and California accounted for 37% of all catalytic converter theft claims nationwide; and
WHEREAS, the residents of Palm Springs have experienced rising catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City legislation applicable within the City of Palm Springs to define and punish catalytic converter thefts absent an identifiable victim who is willing to participate in the prosecution of the theft; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Palm Springs requiring individuals discovered to be in possession of detached catalytic converters to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, the Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires “core recyclers,” as defined, to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and
WHEREAS, the Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, has broad discretionary power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and Item 1Q - Page 4
Ordinance No. 2090

Page 2 ends

WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and WHEREAS, the residents of Palm Springs and the Palm Springs Police Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Palm Springs and the Palm Springs Police Department by reducing the time invested in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its residents, their property, and their community; and
WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and
WHEREAS, this Ordinance is necessary to provide the City of Palm Springs and the Palm Springs Police Department clear legal authority to better protect the public and deter this criminal activity.

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

SECTION 1. The above recitals are true and correct and are hereby incorporated herein by this reference.

Item 1Q - Page 5
Ordinance No. 2090

Page 3 ends

SECTION 2. Ordinance: Amending the Municipal Code.

Chapter 11.102 of Title 11 of the Palm Springs Municipal Code is hereby added to ready as follows:
“Chapter 11.102 Unlawful Possession of Catalytic Converter Section 11.102.010 Unlawful Possession of a Catalytic Converter Prohibited.

A. It shall be unlawful for any person to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.

B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

C. For purposes of this section, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
D. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.

2. Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.

E. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Palm Springs Municipal Code. Each and Item 1Q - Page 6
Ordinance No. 2090

Page 4 ends

every catalytic converter unlawfully possessed is a separate violation of this section.

F. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.01 of Title 1 of this Code, for any person to violate any provision of this section. The City Attorney may, in his or her discretion, prosecute misdemeanor violations of this section as infractions.

G. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.”
SECTION 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, or clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Palm Springs, pursuant to all legal requirements.

Item 1Q - Page 7
Ordinance No. 2090

Page 5 ends

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 14TH DAY OF DECEMBER 2023.
_______________________________

GRACE ELENA GARNER
MAYOR
ATTEST:
_______________________________

BRENDA PREE, MMC, CERA

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2090 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on November 9, 2023, and adopted at a regular meeting of the City Council held on December 14, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of December 2023. _______________________________

BRENDA PREE, MMC, CERA

CITY CLERK
Item 1Q - Page 8

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 2091 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM SPRINGS

MUNICIPAL CODE RELATING TO THE FORMATION AND ADMINISTRATION OF

COMMERCIAL DISTRICTS
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2091, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE

ESTABLISHING PROCESSES AND PROCEDURES FOR THE FORMATION OF COMMERCIAL DISTRICTS.”
Attachments
Item 1R

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2091 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO

THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE

FORMATION AND ADMINISTRATION OF COMMERCIAL DISTRICTS
FROM: Scott C. Stiles, City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:

This is the second reading of an ordinance to add Chapter 2.65 to the Palm Springs Municipal Code relating to the formation and administration of commercial districts. The City Council approved the proposed ordinance at first reading on November 9, 2023, with a minor revision.

RECOMMENDATION:

PROCESSES AND PROCEDURES FOR THE FORMATION OF COMMERCIAL DISTRICTS.”
STAFF ANALYSIS:

On November 9, 2023, Ordinance No. 2091 was introduced for first reading as noted below:

ACTION: Waive reading of the text in its entirety, read by title only and introduce for first reading Ordinance No. 2091, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO

THE PALM SPRING MUNICIPAL CODE ESTABLISHING PROCESSES AND PROCEDURES FOR THE FORMATION OF COMMERCIAL DISTRICTS.”
AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tem Bernstein, Mayor Garner
Item 1R - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Commercial District Ordinance
NOES: None
ABSENT: None
The City Council voted to introduce Ordinance No. 2091, subject to the following minor revision:
• Clarifying language has been added to the definition of a commercial district to clearly identify the minimum requirements for district boundaries and/or number of members to qualify.

The attached ordinance has been amended to include this revision as directed by the City Council. In addition to this revision, Staff will prepare administrative policies which will specify that commercial districts may exist independently of other organizations (such as Main Street, Chamber of Commerce, business improvement districts, or other similar organizations).

This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30 days from adoption, or as may be otherwise implemented by direction of the City Council.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Ordinance No. 2091
Item 1R - Page 2

ATTACHMENT A
Item 1R - Page 3
ORDINANCE NO. 2091

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM

SPRINGS MUNICIPAL CODE ESTABLISHING

PROCESSES AND PROCEDURES FOR THE FORMATION
OF COMMERCIAL DISTRICTS.

City Attorney’s Summary
The proposed ordinance establishes a process for the
formation of commercial district organizations, adopts
procedures for the administration of commercial districts, and provides for communication and coordination between district representatives and City staff.

WHEREAS, the City Council of the City of Palm Springs, California, recognizes the importance of participation in local government; and
WHEREAS, business owners and commercial property owners have demonstrated their interest in matters that affect the City’s commercial areas; and WHEREAS, participation by business owners and commercial property owners is more effective where a designated communication link and an organizational infrastructure exists to facilitate communication, encourage participation and seek to achieve consensus; and
WHEREAS, the City Council recognizes that there are a variety of projects undertaken by the City, or subject to the City’s approval, and that such projects include, but are not limited to, development projects; public works projects; temporary special events conducted either by the City or private entities subject to the City’s approval which may affect specific commercial areas; the abatement of nuisances; public safety issues; the adoption of ordinances and regulations which may affect business owners or the conduct of businesses; and similar matters; and
WHEREAS, in response to the requests from business owners and commercial property owners, to ensure the most efficient use of the time and resources of City Councilmembers, City Commissioners, City staff, citizens and other public and private entities, the City Council desires to add Chapter 2.65 to the Palm Springs Municipal Code to establish a process for the formation of commercial district associations, provide procedures for administration of such districts, and establish coordination pathways between City staff and commercial district members.

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

Item 1R - Page 4
Ordinance No. 2091

Page 2 ends

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. Chapter 2.65 is hereby added to the Palm Springs Municipal Code to read as follows:
“Chapter 2.65 COMMERCIAL DISTRICT FORMATION

2.65.010 Purpose.

This chapter is intended to create a framework to include the business owners of the city of Palm Springs in civic affairs to work to improve the livability and character of their commercial districts and the city. This chapter sets forth the basis for recognition of commercial districts and the responsibilities and benefits accruing thereto, as well as an additional manner in which the commercial districts can receive notification of city actions that may affect businesses. There are a variety of projects undertaken by the city, or subject to the city’s approval, or otherwise affecting the quality of life for Palm Springs businesses, which the commercial district organizations can receive notice of.

The purpose of this chapter is to foster partnerships of open communication by establishing a mechanism for two-way communication between the city and commercial district organizations, to allow for direct participation and education of the city’s businesses, and to encourage diverse perspectives, which is intended to lead to innovative solutions and consensus.

2.65.020 Limitations.

Nothing herein is intended in any way to limit or govern the rights of business owners or property owners to associate or to form groups or nonprofit entities as they desire. This chapter is merely intended to create a process so that commercial district organizations can be given notice of city actions that may affect the city’s businesses. This process is not a substitute for the notification required by law, but is in addition to such requirements and city officials shall continue to separately meet all requirements for notice provided by state and local laws.

2.65.030 Definitions.
“City actions” that are subject to this chapter are those events, actions of City Council, city boards, commissions, agencies or departments and other occurrences regarding public safety and general interest and welfare that affect the City’s businesses. The city manager, shall work with the various departments of the city to develop a detailed list of what shall be considered city actions under Item 1R - Page 5
Ordinance No. 2091

Page 3 ends

this chapter, pursuant to Section 2.65.050(4). Examples of city actions include, but are not limited to, development projects; public works projects of interest because they affect public access; special events conducted by either the city or private entities subject to the city’s approval that may affect specific commercial districts; the abatement of nuisances; public safety issues; and the adoption of ordinances and regulations that may affect businesses.

“Map of commercial district organization areas” means the map drawn by the city manager to establish the areas of representation for the commercial district organizations, pursuant to Section 2.65.050(2).
“Commercial district” means geographically contiguous businesses at least one block in length; or ten (10) or more businesses within a delineated geographic area with a commonality of interests, such as restaurants, retail businesses, or art galleries.
“Commercial district boundaries” means the boundaries of each commercial district as established in the map of commercial district organizations. “Commercial district organization” means an autonomous organization, whether incorporated or not, formed voluntarily by business owners for the purpose of considering and acting on issues affecting livability and quality of their commercial district.
“Commercial district representative” means the Chair of each commercial district organization.
“Special events” include events conducted by either the city or private entities subject to city approval that may affect surrounding property. When there is a series of linked events, one notice may be given listing all of the applicable dates.

2.65.040 Findings.

The City Council finds that there is a need to maintain strong channels of communication with the businesses of Palm Springs on matters affecting their commercial districts. It is the intent of the City Council to foster a partnership of open communication between the city and its commercial districts; to enhance the environment in which businesses are afforded an opportunity to participate in governmental decisions; to foster cooperation and consensus among diverse interests; to assist the city and businesses in developing solutions to mutual concerns; and to foster within the city government a service orientation towards its businesses and to develop in the businesses a sense of personal pride and responsibility for their commercial districts. The City Council has recommended that recognized commercial district organizations be included in the formation of policies and procedures relating to the governance of the city.

Item 1R - Page 6
Ordinance No. 2091

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The city shall provide notice hereunder to each commercial district representative who shall be responsible for communicating with their respective commercial district organization. The commercial district organizations shall not be subject to the Brown Act, as they were not created by the City Council, nor do they exercise any authority that may lawfully be delegated by the City Council to them.

2.65.050 City Manager duties and authority for commercial districts.

The city manager shall designate a liaison to communicate and coordinate with the commercial district representative. It shall be the duty of the city manager, and he or she shall have authority:
(1) To certify the commercial district organizations;
(2) To set the boundaries of each commercial district organization on the map of commercial district organization areas and any revisions thereto; (3) To establish procedures for the departments of the city to give notice to the commercial district representatives, with a reasonable opportunity for the commercial district organizations to respond prior to city actions being undertaken by any agency or department of the city, any board or commission of the city or the City Council as outlined in subdivision (4); (4) On an as-needed basis, to meet with the various departments of the city that communicate with citizens who will be affected by the department’s actions and, if necessary, to discuss with such departments strategies to improve such communications. The city manager shall develop a list of activities which shall be considered city actions hereunder and what notice is recommended for such city action;
(5) To meet with commercial district representatives at least semi-annually to evaluate from the perspective of commercial district representatives whether the city has provided timely notice to commercial district representatives of city actions and whether the city was responsive to the commercial districts;
(6) To work with commercial district representatives to establish the standards for reasonable notice, openness and participation in commercial district meetings, as further described in Section 2.65.060;
(7) To keep the City Council fully advised as to the needs of the commercial districts and to recommend to the City Council for adoption necessary measures and ordinances; and
Item 1R - Page 7
Ordinance No. 2091

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(9) To perform such other duties and exercise such other authority as may be delegated from time to time by ordinance or resolution of the City Council.

2.65.060 Commercial district organizations.
(1) To establish a commercial district organization, more than 50% of the businesses in the commercial district boundaries shall affirmatively vote to establish the commercial district organization. The formal petition with the names/signatures of business owners participating in the district shall be submitted to the City Manager for approval of the commercial district organization.
(2) The membership of commercial district organizations shall be open to all business owners and owners of property within the commercial district boundaries. The commercial district organization shall give reasonable notice of all its meetings to all business owners and property owners within its boundaries. The commercial district organization’s bylaws shall guarantee that all meetings will be open and public and will permit, to the extent feasible, every person eligible for membership to participate in the conduct of business, deliberation and decision-making at such meetings. (3) In accordance with the commercial district organization bylaws, the commercial district organization shall elect a chair who shall serve as the commercial district representative.
(4) All members of the commercial district organization may actively participate in commercial district events, activities and meetings, and may exercise voting rights pursuant to the bylaws, without regard to their actual or perceived race, color, religion, ancestry, national origin (as such term is defined in Section 2.45.010 of the Palm Springs Municipal Code), disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The commercial district organization will be responsible for maintaining records to show its efforts at outreach, the level of participation in the organization and the organization’s activities.

2.65.070 Funding.

If the bylaws of the commercial district organization establish membership dues, then dues shall be voluntary and shall not bar any business owner or property owner from participation in the commercial district organization. Voluntary dues, contributions, contracts, grants or subscriptions may be used by a commercial district organization as provided for in the commercial district organization’s bylaws.

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2.65.080 Commercial district organization reports.

Each recognized commercial district organization shall submit the minutes of its annual meeting and any special meetings, as well as the list of the members of its governing body and the expiration dates of their terms of office, to City Manager’s designee within thirty days following such meeting. Additionally, the commercial district organization shall file all changes to its bylaws with the City Manager’s designee within 30 days following their adoption or amendment.” SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Palm Springs hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 4. California Environmental Quality Act. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment [14 Cal. Code Regs. § 15378(a)]. Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment [14 Cal. Code Regs. § 15061(b)(3)].

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 14TH DAY OF DECEMBER, 2023.

GRACE ELENA GARNER
MAYOR
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1R - Page 9
Ordinance No. 2091

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2091 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 1R - Page 10

CITY COUNCIL STAFF REPORT
12/14/2023 CONSENT CALENDAR
SUBJECT:

APPROVAL OF AMENDMENT NUMBER ONE TO REIMBURSEMENT
AGREEMENT A9439 BY AND BETWEEN THE COACHELLA VALLEY

ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM SPRINGS FOR

DESIGN AND ENGINEERING SERVICES RELATED TO THE INDIAN CANYON

DRIVE FLOOD AND BLOWSAND IMPROVEMENTS
RECOMMENDATION:

Approve Amendment Number One to Reimbursement Agreement No. A9439, an agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments, for the design and engineering services of the Indian Canyon Drive flood and blowsand improvements.

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

Attachments
Item 1S

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NUMBER ONE TO REIMBURSEMENT AGREEMENT A9439 BY AND BETWEEN THE COACHELLA VALLEY

ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM SPRINGS

FOR DESIGN AND ENGINEERING SERVICES RELATED TO THE

INDIAN CANYON DRIVE FLOOD AND BLOWSAND IMPROVEMENTS
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

This action approves Amendment Number One to Reimbursement Agreement A9439 with the Coachella Valley Association of Governments (CVAG) for additional design services related to the Indian Canyon Drive flood and blowsand improvements (the “Project”). CVAG has prepared, and its Executive Committee has approved, the amendment to the reimbursement agreement for the Project.

RECOMMENDATION:

1. Approve Amendment Number One to Reimbursement Agreement No. A9439, an agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments, for the design and engineering services of the Indian Canyon Drive flood and blowsand improvements.

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

Indian Canyon Drive experiences flooding and blowsand in the roadways impacting residents, visitors, commuters, and emergency services. Plans to build an all-weather crossing on Indian Canyon Drive have been proposed for many years but the cost has been an insurmountable obstacle. CVAG has undertaken a regional approach to address flooding and blowsand closures of area roadways. In 2019, CVAG hired Michael Baker International to study and develop cost effective alternatives to address the flooding and blowsand closures in the region.

In December of 2020, the CVAG Executive Committee reviewed the findings presented by Michael Baker International. CVAG Staff coordinated with Staff from the City of Item 1S - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Amendment One – CVAG Reimbursement Agreement Blowsand and Flooding Cathedral City and the City of Palm Springs to develop a scope of work for design purposes. In April of 2021, the Executive Committee prioritized Indian Canyon Drive, Varner Road, and Date Palm Drive as the first phase of projects to be designed, funded, and constructed.

STAFF ANALYSIS:

On September 26, 2022, the Executive Committee approved a Professional Services Agreement with Michael Baker International for design, environmental, and engineering services for Phase One of the blowsand projects. At the same meeting, the Executive Committee approved reimbursement agreements between CVAG, the City of Cathedral City, and the City of Palm Springs.

In late 2022, CVAG routed the reimbursement agreement for City Council approval.

However, Staff did not bring the agreement forward as no funding had been set aside to reimburse CVAG. On June 29, 2023, the City Council approved the Fiscal Year 23-24 and 24-25 budget that included funding to reimburse CVAG. On July 24, 2023, the City Council approved Reimbursement Agreement A9439 (Attachment A).

On October 9, 2023, Staff received a letter from CVAG requesting approval of Amendment Number One (Attachment B). Staff has reviewed Amendment Number One to the reimbursement agreement (Attachment C) and recommends approval. The amendment will provide for additional study of blowsand mitigation measures.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines, the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2B – identify high-priority facilities.

FISCAL IMPACT:

Under CVAG's policy of funding eligible projects with member jurisdictions effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying twenty-five percent (25%) of project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for seventy-five percent (75%) of eligible project costs (the Regional Share). The additional design costs for the project are $679,786 for a new Project total of $3,375,276.73. The City’s share of the Project cost is not-to-exceed $693,872.68, which is 25% of the anticipated Project costs. An appropriation of $20,000 Item 1S - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Amendment One – CVAG Reimbursement Agreement Blowsand and Flooding will be required from Measure “A” Local Fund Balance to cover the additional design costs.

REVIEWED BY:

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

A. Reimbursement Agreement A9439
B. CVAG Letter
C. Amendment Number One
Item 1S - Page 3

ATTACHMENT A

Item 1S - Page 4
Item 1S - Page 5
CVAG-22-024

AGENCY REIMBURSEMENT AGREEMENT

BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS
THIS AGREEMENT is made and entered into this 26th day of September 2022, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:

RECITALS
The "Coachella Valley Area Transportation Study", a valley-wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is included in the 2016 Transportation Project Prioritization Study {TPPS) document; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and,
CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and,
CVAG Executive Committee, on July 31 , 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee "TUMF" Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and,
Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road. The estimated design and engineering cost of the Project is $2,695,490.73. City's share of the project cost is not-to-exceed $673,872.68 being 25% of the anticipated Regional Share of the Project costs.

NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows:

1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore Item 1S - Page 6
CVAG-22-024
been identified in CVAG's Transportation Project Prioritization Study or specifically authorized by CVAG's Executive Committee. The Project was specifically approved by CVAG's Executive Committee as consistent with the TPPS on 30 September 2019 and is therefore eligible.

2. At the December 7, 2020, meeting, the CVAG Executive Committee considered the findings from the "Flood and Blowsand Risk Assessment and Improvement Plan for the Western Coachella Valley." The Flood and Blowsand assessment prioritized projects that would best fit the needs of the Western Coachella Valley during a flooding or emergency event. CVAG Transportation and Executive Committees in April 2021 prioritized improvements on North Indian Canyon Road (from Sunrise Parkway to Palm Station Road).

2. The Project is generally described as and consists of the following:

Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road Project. These services will hereinafter be referred to as the "Project".

3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include amount CVAG shall pay to outside consultants in connection with the Project. The amount of the Jurisdiction One-Quarter and the CVAG Three-Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6.

4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $2,695,490.73, CVAG' Regional Share will equal $2,021,618.05 and City of Palm Springs Local Share shall be $673,872.68.

5. Agency agrees to Pay reimbursement for its proportional share of only those costs which are eligible for reimbursement to CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended.

6. CVAG shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, CVAG shall submit invoices to Agency requesting reimbursement of the proportionate share of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed consultants' invoices, or other demands for payment addressed to CVAG, and documents evidencing CVAG's payment of the invoices or demands for payment. CVAG shall also submit a Project Completion Report, in a form acceptable to Agency.

Item 1S - Page 7
CVAG-22-024

6.1 Upon receipt of an invoice from CVAG, Agency may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by Agency to CVAG within thirty (30) days.

6.2 If a post-payment audit or review indicates that Agency has Provided reimbursement to CVAG in an amount in excess of its proportionate share of eligible costs, or has provided reimbursement of ineligible Project costs, CVAG shall reimburse Agency for the excess or ineligible payments within thirty (30) days of notification by Agency.

7. Prior to any final payment to CVAG by Agency, a final report shall be submitted to Agency by CVAG containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over-runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility.

8. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit "A," an increase of any costs over those shown in Exhibit "B," or other changes in the Scope of Work are proposed, CVAG and Agency will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Nonsubstantive changes may be made to this agreement subject to CVAG's General Counsel's approval.

9. CVAG shall maintain an accounting of all funds received from Agency pursuant to this Agreement in accordance with generally accepted accounting principles.

CVAG agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the CVAG on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. CVAG shall permit Agency, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project.

Agency shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection.

10. The occurrence of any one or more of the following events shall, at CVAG's option, constitute an event of default and CVAG shall provide Agency with immediate notice thereof.
11 .1 Any warranty, representation, statement, report, or certificate made or delivered to Agency by CVAG or any of CVAG's officers, employees, or agents Item 1S - Page 8
CVAG-22-024
now or hereafter which is incorrect, false, untrue, or misleading in any material respect. 11 .2 CVAG shall fail to pay, perform, or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or,

11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors. 11 . No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated.

Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition . The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act.

12. This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement.

13. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure "A"/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure "A"/TUMF funds.

14. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute Agency as a party to the construction or in ownership or a partner or joint ventures with CVAG as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement.

Item 1S - Page 9
CVAG-22-024

15. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights or remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement.

16. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs.

Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement.

17. CVAG warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state, and federal rules, regulations, and laws.

18. This Agreement may not be assigned without the express written consent of Agency first being obtained.

19. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement.

20. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement.
21 . Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure "A" monies.

22. No officer or employee of CVAG shall have any personal interest. direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest Item 1S - Page 10
CVAG-22-024
of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law.

23. CVAG warrants that the funds received by Agency pursuant to this Agreement shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement.

24. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers:

If to City of Palm Springs:

If to CVAG:

Joel Montalvo, City Engineer
City of Palm Springs
3200 East Taquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 322-8339
CVAG
Jonathan Hoy
Director of Transportation
73-710 Fred Waring Drive
Palm Desert, CA 92260
Telephone: (760) 346-1127
Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.

25. This Agreement and the exhibits herein contain the entire agreement between the parties and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void.

26. If any term, provision, condition, or covenant of this Agreement, or the Item 1S - Page 11
CVAG-22-024
application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

27. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.

28. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element.

29. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California.

30. CVAG warrants that the execution, delivery, and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 31 . This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument.

Item 1S - Page 12
CVAG-22-024
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date:

ATTEST: CITY OF PALM SPRINGS
By ~~- ~
'scottstiles, City Manager
By:------------ Grace Elena Garner, Mayor
ATTEST: CVAG
By:

Tom Kirk, Executive Director Steven Hernandez, Chair

APPROVED AS TO FORM
A~
City Clerk
Item 1S - Page 13
CVAG-22-024
EXHIBIT "A"

AGENCY REIMBURSEMENT AGREEMENT

BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS

SCOPE OF SERVICES
The Scope of Services for this Project includes:

Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road.

See attached scope document from Michael Baker International Item 1S - Page 14
Item 1S - Page 15
CVAG • WESTERN COACHELLA VALLEY FLOOD ANO BLOWSANO ROAD IMPROVEMENT PROJECT

2.3 WORK PLAN

2.3.1 History, Understanding, and
Approach
Flooding and blowsand events expose the vulnerability
of the Western Coachella Valley transportation network.

These events create adverse social, economic, and safety impacts due to emergency roadway closures that paralyze traffic circulation withing the region. Road damage and accumulated blowsand can require significant and time
consuming traffic detours and can take hours to weeks
to repair. This project will provide final design for three specific locations selected to alleviate the risk and impact of road closure due to these events.

Coachella Valley of Associated Governments (CVAG)
selected Michael Baker in 2019 to perform a study of twelve locations throughout the Western Coachella Valley in the Cities of Palm Springs, Desert Hot Springs, and Cathedral City. These locations were selected due to a history of observed impacts from flooding or bulk sand transport
and deposition, also known as blowsand. Michael Baker
analyzed the 1 0-yea r or 1 OD-year storm event ( Q 10 or Q100) at each of the twelve existing locations. General Plan or ultimate conditions were not incorporated into
the preliminary design, as the intent of the project is to construct relief structures in the fastest timeline possible.

The analysis was then used for to identify preliminary
design alternatives. Once the preliminary designs were
identified, the twelve locations were ranked and prioritized based on Emergency Access/Evacuation Impacts, Traffic
Volumes and Storm Water Flows. Construction cost
estimates were also prepared for each location.

During the process, it became apparent that traditional construction methodologies (i.e. standard bridge designs, etc.) would be cost restrictive and would impede progress toward the goal of quickly reducing traffic impacts due to flood and blowsand. To alleviate the cost impact, Michael Baker teamed with Contech Engineered Solutions to identify a more palatable solution. With cost and speed as the
priorities, Michael Baker and Contech selected the Contech Con/Span 0-Series Bridge Systems as the recommended
design approach. On average, for the locations where
data was available, a 65'3/o reduction in proposed cost was realized when selecting the Contech solution. It should be noted that while these solutions realize a significant cost savings in the preliminary stage, until the site has been explored and design has been completed, the actual savings cannot be quantified. Design elements such as scour depth can have significant impacts on foundation design, and
cannot be determined until geotechnical explorations have been completed.

Michael Baker

INTERNATIONAL
The previous study prepared by Michael Baker International, Flood & Blowsand Risk Assessment and Improvement
Plan for Western Coachella Valley, identified, developed and evaluated alternative design concepts of various
flood crossings throughout the Western Coachella Valley including, Indian Canyon Road crossing White Water River and Chino Canyon Creek, Varner Road crossing Willow
Wash and Date Palm Drive crossing Long Canyon Wash.

Alternative crossing designs were evaluated based on
design criteria including cost, compatibility with future development plans, MSHCP compliance, and other
elements.

As a result of this study, Michael Baker International, in collaboration with CVAG and its stakeholders, delivered design alternative concepts for each of the 12 crossings that were well received and provide significant cost savings from the traditional bridge construction methods identified previously in the Transportation Project Prioritization Study (TPPS).

With this current proposal, Michael Baker outlines its
approach to expand upon the past study/concepts to
support the preparation of final engineering plans. Each flood crossing is unique with its own hydrologic and
hydraulic characteristics, design constraints and design objectives, as explained herein.

2.3.2 Technical Considerations
Level of Flood Protection
The base flood is defined in the National Flood Insurance Program (NFIP) as "the flood having a one percent chance of being equaled or exceeded in any given year." As stated in the RFP, the bridge/culvert structures will be designed to convey 1 DO-year flood events at each location.

The flow rates for the 1 OD-year storm for each of the
crossings, as identified in past study, are as follows:

INCN7 (A Sheet & B) _ N. VRNR2 DPLMS -
Description Indian - ~arnder Daie _Palm
Canyon Dr. oa rive
N Indian Chino INCN7A Canyon Canyon
4,800
Drive
N Indian VVhite
INCN78 Canyon Water 47,000
Drive River
VRNR2 Varner Willow 3,250 Road Wash
Date Palm Date Long
Drive Palm Canyon 3,250
Drive Wash
UI\G • rNV[LOPf I T~CI INICAL PROP'.lSA, • PAGE 13
Item 1S - Page 16
CVAG • WESTERN COACHELLA VALLEY FLOOD AND BLOWSAND ROAD IMPROVEMENT PROJECT Hydrology
The flow rates outlined above utilized hydrologic data from past studies, when information was available and deemed reliable/accepted. If hydrologic data was not available, technical studies were performed.

Hydraulics
Preliminary sizing of roadway undercrossings were
determined using the Bentley FlowMaster Program by
Haestad Methods Solution Center. The program allows the user to perform hydraulic calculations for various hydraulic element types, from pipes and open channels to inlets and weirs. Additional hydraulic studies will be required during final engineering to verify capacity of proposed conceptual designs.

Contech Con/Span 0-series arch structures are proposed at most crossings ilnd reinlo1ced concrete box c;ulverls where it was not feasible to propose the arch structures. The Alternative Concept Plans show the dimensions, number of barrels, and slopes at each crossing. FlowMaster software program is used to determine the water surface depth
(normal depth) at each crossing. Normal depth calculations were performed based on the design flow rates tributary to each crossing in the Cities of Desert Hot Springs,
Cathedral City and City of Palm Springs. Output results from FlowMaster are included in Appendix D. The results show that the conceptual culvert dimension shown on the alternative concept plans at each crossing are designed adequately for the safe conveyance of a 10-year and a 1 OD - year flood waters. More detailed hydraulic analysis are recommended for each crossing should the stakeholders
approve final design plans tor any flood crossing analyzed in this report.

Roadway
Indian Canyon Drive
Indian Canyon Drive is a four-lane divided Major
thoroughfare per the City of Palm Springs General Plan. The ultimate cross section is seen below:

Maior ThorCX.1ghfare
( ~ Lane OMded) r ,oo· R/W
1 1r ..._
-
_____
--6--1 _._ _ _,_ _____ ~.--
Palm Springs General Plan
In addition, Indian Canyon is identified as a Truck Route, and carries a Class II bike lane along it. Indian Canyon is considered a truck route per Palm Springs General Plan.

As it exists today, Indian Canyon varies from two to
four lanes through the two locations of the proposed
improvements. This project will ultimately widen the
existing road to a modified section with 150-foot right-alway with a 68-foot curb to curb cross section as identified in Michael Baker
the Flood & Blowsand Risk Assessment and Improvement
Plan for Western Coachella Valley. Raising of the road will involve adjacent grading and protection of existing utilities.

All design elements (vertically and horizontally) will be in accordance with Caltrans Highway Design Manual (HOM).

Clearances to the existing electric utility lines east of the roadway will be reviewed and verified in compliance with PUC requirements. Should these lines not meet minimum
clearance, coordination with Southern California Edison will be necessary to properly relocate the existing transmission lines.

Per CVAG's CV Link plan, a future extension of CV Link is proposed to cross through the south end of INCN7B with
a community connector to the Amtrak station to the north.

The proposed crossing will be at grade as identified in the Segment 1 Map; however, one consideration at this location would be to determine if an undercrossing in one of the cu lverts is feasible.

Construction of this project is consistent with the City of Palm Springs General Plan Goal CR2.5, construction of an all-weather bridge crossing along Indian Canyon, would be satisfied by this project.

Varner Road
Varner Road is ultimately a six-lane Arterial Highway in accordance with the Cathedral City General Plan. In it's ultimate condition, it is proposed to have a Class II bikeway (bike lane). The ultimate cross section is seen below:

I Z6'
IO' I:' l?' 1-4' I?' 12' 16'
(S" l.afkl dt"'idat)
This project will maintain the existing 64-foot right-of-way.

The roadway will be designed to maintain existing two way traffic lanes and will incorporate the necessary additional width to accommodate a Class II bikeway .. The roadway
will be designed to allow tor the future incorporation of the ultimate roadway section. This will include consideration of how future expansion of the Con/Span Bridge will be
incorporated as well as the profile and elevation of the roadway.

Date Palm Drive
Date Palm Drive is ultimately a six-lane Arterial Highway in accordance with the Cathedral City General Plan. In it's ultimate condition, it is proposed to have a Class II bikeway (bike lane). The ultimate cross section is seen below:
l?O' Ill\
16" 1r 1r i, I:!" 16
1S1, I..Jit1Nd1\ldt'JJ
This project will maintain the existing 126-foot right-ofway. The roadway will be designed to maintain existing turn pockets and through lanes as well as incorporate
• PAGE 14
Item 1S - Page 17
CVAG • WESTERN COACHELLA VALLEY FLOOD AND BLOWSAND ROAO IMPROVEMENT PROJECT the necessary additional width to accommodate a Class
II bikeway .. The roadway will be designed to allow for the future incorporation of the ultimate roadway section.

The proposed improvements at this location include the
installation of a double 1 O'W X 8'H box. As a part of the preliminary analysis of the project, Michael Baker and
Con tech will determine whether a Con/Spa n Bridge can be incorporated at this location.

Traffic Control
Traffic management is paramount during construction.

Each location will be reviewed to determine if a local
"temporary" by pass road can be constructed in order to facilitate construction. This approach will involve additional environmental coordination, generally due to the fact that the adjacent areas are considered conservation areas. This will be reviewed early in the project design, prior to and during the environmental phase to determine its feasibility.

Should providing a temporary bypass road be infeasible, road closures will need to be considered at each location for construction. Due to the proximity of the work, and the fact that there are limited bypass routes, consideration will need to be given to detouring traffic along the 1-10 freeway.

Structures
Michael Baker will has the experience to provide the
conventional and constructible solution of prefabricated arch structures as presented in the Flood & Blowsand Risk Assessment and Improvement plan for Western Coachella
Valley. The structures, hydraulic and geotechnical team envision the arch structures to be supported an spread
footing or pile supported foundations, and protected
from scour by scour co untermeasures such as concrete
lining or rip-rap protection. A concrete channel invert will provide continuity to the scour countermeasure, and allow foundations to remain shallow and cost-effective. However, Michael Baker will also initiate a Type Selection analysis at the beginning of the project to conduct value-engineering early on and confirm preliminary studies.

Structure Type Selec tion
Michael Baker proposes a bridge Type Selection Report
(TSR) as a critically imperative first step for value
engineering and potential cost savings for CVAG. The TSR process will have the following specific value-engineering goals for CVAG:

1. Michael Baker is teaming with Contech to seamlessly
provide a consistent delivery of solution following
preliminary designs identified in the Flood & Blawsand Risk Assessment and Improvement plan for Western Coachella
Valley. The subconsultant design fees from Contech can
also be applied to the construction contract if Contech is selected to provide delivery of prefabricated arches which is an immediate cost benefit to CVAG.

2. However, further refinement of arch material, such as precast concrete vs. long-spanning steel plate arch, can Michael Baker

INTERNA T IONAL
reduce the number of required foundations and therefore construction cost. Michael Baker, Contech, and EMI will work immediately to focus on refining the baseline designs to reduce foundation locations($) in the channels.

3. If scour magnitudes are significant, it may be costeffective to reconsider traditional and pre cast bridge solutions which can expedite delivery of material, further increase spans, and further reduce foundations locations and associated construction costs. Traditional longer
spa n bridges with Type II shafts may be cost-effective alternatives if significant scour is anticipated at arch piers or scour countermeasures are not implemented.

4. The crossing at Date palm is currently identified as a multi-cell reinforced concrete box (RCS). This type of
structure is typically cast in place or precast, both of which currently have long lead items for material fabrication and delivery. It may be advantageous to capitalize on
the Contractor's economy of scale, and investigate a
prefabricated arch solution at this location as well.

Coordinated Structure, Sediment
Transport (SCOUR), and
Geotechnical De s ign
Scour will be evaluated using the Federal Highway
Administration publication HEC-18, Evaluating Scour at
Bridges, Fifth Ed. The river hydraulics will be based on the US Army Corps of Engineers (USACE) HEC-RAS 20
modeling software. The scour analysis uses data collected during PS&E. The median grain size is obtained from the Geotechnical Engineer's Sieve/Hydrometer Analysis and
pebble count. The Caltrans Amendments to the AASHTO
LRFD Design Guidance define scour susceptibility for a
deep foundation when scour exposes the bottom of the pile cap. We evaluate the components of scour (pier, abutment, bend, dune/anti-dune) and summarize the scour in the
Final Hydraulic Report. HEC-18 recommends that the
design storm, scour design, and scour check flood events be graduated in increasing return frequencies. For the 100- yr design events reported in the preliminary findings, we anticipate the scour check flood being the 200-yr event.

The check flood event is estimated by scaling the adopted 100-yr peak flows using regional regression equations.

The absence of grade control structures in the vicinity of the proposed bridges will requ ire that we evaluate the long-term bed stability. In an unconfined shallow flooding situation, such as this, the USACE HEC-6T model is used to evaluate the long-term degradation/ aggradation
component of the scour analysis.

The most economical and constructable bridge type will
consider and balance several highly coupled variables
including channel hydraulics and scour design, proposed foundation pile capacity, and bridge loading demands.

There is little available data to estimate design scour at this point in the project development. Scour undermining foundations poses a design challenge to protect vertical • • I I• • PAGE 15
Item 1S - Page 18
Cl/1\G • WESTERN COACHELLA VALLEY FLOOD AND BLOWSAND ROAO IMPROVEMENT PROJ£CT load carrying capacity of the existing bridge/Culvert
To address this challenge, Michael Baker will apply our knowledge gained from the recent work along the Coachella Valley Stormwater Channel at Date Palm Bridge, Monroe
Street Bridge, Jackson Street Bridge and the future
Avenue SO Bridge over the Coachella Stormwater Channel.

Additionally we have recently completed 2-Dimensional
hydraulic analysis in support of the La Entrada development in the vicinity of the future Avenue 50/1-10 interchange.

Based on this experience, Michael Baker will confirm the design scour magnitude through sediment transport and
scour analysis, and work closely with the geotechnica l engineer to confirm the proposed foundations have
available capacity during the design event to meet the
l' ·1 t t
Limit State Degradati_on/ Contraction Local
Aggradat1on Scout Scour
min 0% 0% 0%
Strength
max 100% 100% 100%
min 0% 0% 0%
Strength
max , 100% 100% : 100%
Strength min 0% 0% 0%
max , 100% 100% 100%
Michael Baker will combine the components of scour,
including degradation / aggradation (general or abutment), contraction, and local (Pier) scour tor the Service, Strength, and Extreme events following Caltrans Amendments to
AASHTO LRFD Bridge Design Specifications (BOS) Section

3.7.5. Systems for Planning, Scheduling, Estimating,
Managing and Quality Control
We have structured our team to be directly responsive to the needs of this Project. Michael Baker will employ our proven project management approach as summarized below.

SCHEDULE: We understand the importance of meeting the
deliverable deadlines, and our reputable team is dedicated to meeting CVAG's timeline. Our available resources
ensure ability to accelerate deliverables. Our schedule and progress are carefully monitored through resource-loaded scheduling.

COMMUNICATION PLAN: Communication is the key to a
project's success. On many projects, scope creep can easily come into play and affect project budgets and schedules.

To prevent this, we push for clear, open, and ongoing
communication with CVAG.

SCOPE DEFINITION: A thorough understanding of the
purpose and need of the project is essential to ensure the project stays on target and focused on the goal. We work to establish and maintain a clear definition of the goals to keep all parties unified in making project decisions, protecting Michael Baker

INTERNA T IONAL
against scope creep, and helping projects remain on
schedule and on budget.

EXPERT DESIGN SERVICES: With vast local experience in
paving, grading, drainage, transportation, bridge design, and civil engineering), public information, survey and traffic engineering, we have the staff available to address all of CVAG's design needs anticipated for this contract.

QUALITY CONTROL: Michael Baker has an established QA/
QC program that is implemented and appropriately scaled for each project. Our program consists of building in quality at every step of the process, promoting prevention rather than detection. Senior engineering staff conduct a formal independent project review at milestone stages. We will analyze all project documents for constructability, cost control, code requirements, stakeholder coordination,
clarity, schedule control, errors and/or omissions and
compliance with CVAG requirements.

Michael Baker understands that project quality is our
responsibility. Our philosophy is simple: Quality is NonNegotiable. Our team is fully committed to Quality Management and QA/QC and has a strong history of
delivering quality products to our clients. We are committed to completing projects that meet your requirements with respect to scope, schedule, budget, and technical quality.

DISPUTE RESOLUTION: Michael Baker has the background
to properly analyze and resolve disputes that may occur.

Our project control techn iques with cost estimating and analysis, scheduling analysis, and document control
enhance our ability to respond to claims or disputes.

Michael Baker employs an independent group who responds to requestors' needs for support on major dispute or claim situations from public issues to contractor issues. Our full range of services include review and analysis, mitigation consultation, negotiations, and support to attorneys
throughout litigation. Our typical approach when a dispute is submitted is: 1) data collection and understanding of contract documents and claim issues; 2) review of dispute for merit; 3) if merit is confirmed, review the impact; 4) meetings with the client throughout the process to discuss results; 5) meetings with disputing parties to determine resolution; and 6) assist client with further actions per contract if resolution is not reached.

COST CONTAINMENT: Weighing any proposed
improvements against the project's purpose and need while considering cost and longevity is critically important. We will address the primary purpose of all project features while maintaining a firm perspective on the project
budget. Scope creep can be a problem on these types of
projects, through densely developed downtown areas with a multitude of stakeholders. We will maintain regular and as-needed communication with the CVAG Project Manager
and will keep the PM abreast of any potential scope
changes. Michael Baker will look for ways to maintain or • PAGE 16
Item 1S - Page 19
CVAG • WESTERN COACHELLA VALLEY FLOOD AND BLOWSAND ROAD IMPROVEMENT PROJECT improve safety conditions without significant increases to the construction costs. We strive for creative, yet cost effective and practical design solutions.

2.3.3 TASKS
Task 1.0 Project Management
and Administration
Task 1.1 • Project Kickoff and Regular Design Meetings
Michael Baker will work with CVAG to schedule a project kickoff meeting (pre-design meeting) as well as planned regular status meetings (assumed to be monthly} with
CVAG. Additional meetings with key stakeholders will be scheduled and attended as necessary. Michael Baker will provide meeting agendas with input from the CVAG for each meeting and will prepare and distribute meeting minutes.

Assumptions: 18 meetings (1 kickoff, 3 design submittal meetings, up to 36 Monthly PDT Meetings)
Deliverables: Meeting minutes, within 5 business days of the meeting
Task 1.2 - Monthyl Invoicing & Progress Reports
On a monthly basis, Michael Baker will issue invoices and progress reports to CVAG detailing major items worked on during the billing period as well as percentage complete for each task. This report will include all necessary back up and will serve to establish internal accounting methods and procedures acceptable to CVAG for documenting
and monitoring contract costs. A master schedule will be developed as part of this task and will be updated monthly as part of the progress reports.

Deliverables: Monthly invoice and progress report
Task 1.3 · OuaUty Control

QUALITY MANAGEMENT

DUALITY ASSURANCE

PROJECT CONTROLS

WORK STANDARDS

QUALITY ASSURANCE

PROJECT REVIEWS

QUALITY CONTROL

PROJECT SPECIFIC

QUALITY

MANAGEMENT PLAN

QUALITY AUDIT
The Michael Baker Team shall implement and maintain the following quality control procedures during the preparation of the plans and documents relating to the Project. The Michael Baker Team shall have a quality control plan in effect during the entire time services are being performed for this Project. The plan shall establish a process
whereby calculations are independently checked, plans
checked, corrected and back-checked, and all job related correspondence and memoranda routed and received
by affected persons and then saved in appropriate job
files. Where several drawings show different work in the same area, means shall be provided to avoid conflicts and Michael Baker
INTE~NATIONAL
misalignment in both new and existing improvements.

Evidence that the quality control plan is functional may be requested by CVAG. All plans, calculations documents and other items submitted to CVAG for review shall be marked clearly as being fully checked and that the preparation of the material followed the quality control plan established for the work.

The Michael Baker Team has full responsibility for the
accuracy and completeness of data, reports, plans,
specifications, and estimates prepared for the Project
and shall check all such material accordingly. CVAG will review all work product deliverables. The responsibility for accuracy and completeness of such items remains solely
that of the Michael Baker Team. Neither CVAG's review or approval shall give rise to any liability or responsibility on the part CVAG, or waive any of CVAG's rights, or relieve the Michael Baker Team of its professional responsibilities or obligations for this project.

The plans, designs, estimates, calculations, reports
and other documents furnished shall meet the criteria
for acceptance and be a product of neat appearance,
well organized, technically and grammatically correct,
checked and having the preparer and checker identified.

The minimum standard of appearance, organization and
contents shall be of similar types produced by CVAG and other Agencies involved in the Project. If any work product submitted is not complete and ready for use by CVAG, it shall be marked "Draft" or similar designation to indicate it is not ready for use.

Task 2 . 0 Survey
Task 2.1 Aerial Topographic Survey
Michael Baker will conduct an aerial topographic survey to locate existing control points and all existing above ground features at each curb return and traffic signal
location. Topographic survey will include visible utility appurtenances, pull boxes, manholes, cabinet, meters,
vaults, irrigation facilities and appurtenances, drainage inlets, including the inlet/outlet pipe elevations, gutter flow lines, and gutter lip.

Field topographic survey will be performed where
additional field information is necessary to improve the aerial survey information.

Assumptions: Survey limits assumed to be 100-feet either side of centerline with final limits to be determined during design.

Task 2.2 Right of Way Record Map, Records Research and Field Assessment
Michael Baker will complete the necessary research to
gather and review available information such as preliminary reports, record drawings, tract maps, assessor parcel maps, right-of-way maps, previous surveys and investigations, street centerline ties, and utility maps. To plot the record CVAG • FNVELOP[ 1 TECHNICA PROPOS/\, • PAGE 17
Item 1S - Page 20
CVAG • WESTERN COACHHLA VALLFY FLOOD ANO BLOWSANO ROAO IMPROVEMENT PROJECT position of the right of way lines in the approximate
orientation with a specific coordinate system, compiled aerial topographic base data or other overlay features, the Michael Baker survey team will perform the following tasks:
• Research of the available public records via on-line services to obtain maps and other items that affect the boundary location of the property; • Prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments;
• Field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping;
• Plot the record centerline;
• Plot the record boundary Lines on the aerial base map, with the understanding of the Client that said record boundary is not the result of a comprehensive boundary survey and analysis, and that it's orientation may disagree from the position determined by a full boundary survey and analysis.

Additionally, our team will complete a field review
investigating any issues identified in the scope of work as well as those identified in the kickoff meeting. During this walk, we will document pertinent field conditions, utility appurtenances and photo document all locations. The
result of this task will be a detailed base map, including record right of way lines, to be used as the basis of the 65% designs
Assumptions Adequate and accessible boundary
monumentation exists in the immediate project vicinity
to control this record data survey. If additional survey services need to be performed to adequately recover survey monumentation, additional funding will be necessary and negotiated with the client. Any cost associated with the preparation and processing of a Record of Survey Map, if one becomes necessary as a legal requirement, shall be
covered by Client.

Deliverables: Document Research and Data Collection with Field Verification, Base Map
Task 2.3 - Pothole Surveys
Consultant shall locate utilities exposed by potholing
operations. The survey location shall include the elevations of the top of the exposed utility, the location of the utility and a description, including size, insofar as size can be determined. Potholing shall be done by a subconsultant
Should the Client or potholing contractor determine that potholes must be backfilled prior to field survey, Michael Baker International shall locate marks made by the
contractor indicating the location, elevation and description of the utility.

Task 2.4 - Monument Rehabilitation
Consultant shall perform a field survey to verify, set or and/or measure sufficient reference tie accessory points and/or monuments to each location of centerline control that may be destroyed during the construction of the
Michael Baker
IHTEAIIATIONAl
project, as required under Section 8771 of the Professional Land Surveyor Act. Consultant shall use other physical
monuments or their accessories if practical to the location.

Upon completion of initial field work, Consultant shall prepare and submit Pre-Construction Corner Records to the County Surveyors Office.

After completion of construction, reconstruction or
maintenance, and within twenty (20) calendar days,
Consultant shall replace any disturbed or destroyed
monuments or their accessories as required under said
Section 8773.3 of the P.L.S. Act. Consultant shall submit a final Corner Record to the County Surveyors Office for filing as a public record, said final Corner Record document showing the monument(s) or its accessories destroyed, tied out and replaced.

Copies of all documents submitted to the County shall be provided to CVAG.

Task 3.0 - Right- of-Way (Monument)
The Western Coachella Valley Flood and Blowsand Road
Improvement Project, Phase I (Project) will require the acquisition of additional right-of-way and/or temporary construction easements to facilitate the construction of the proposed improvements. Based on information provided
in the RFP, the Project will impact private and publicly owned vacant properties along both sides of the following roadways:
• Indian Canyon Drive from Sunrise Parkway to Palm Station Road · This includes approximately eight (8) partial acquisitions and temporary construction easements.
• Varner Road from Mountain View Road to Date Palm Drive -This includes approximately thirty-nine (39) temporary construction easements.
• Date Palm Drive from 1-10 to Varner Road -This includes approximately fifteen (15) temporary construction easements
Monument will provide right-of-way (ROW) project delivery services, including project management, acquisition and negotiations, appraisal, utility relocation, title and escrow, right-of-way certification and other right-of-way services.

The ROW scope of work for this contract will consist of the following:

Task 3.1 Project Management
Monument's Project Manager and key staff will be
responsible for the technical and administrative functions required to provide ROW services on the Project. The
management team will plan, organize, supervise,
coordinate, and administer the various elements of the ROW scope of work.
• Monument will meet with relevant parties regarding proposed Project to identify acquisition issues, and/or to discuss project status, procedural issues, budget, and schedules.
• Prepare and implement an effective Acquisition Management Plan to ensure the Project is delivered in the most efficient and effective • PAGE 18
Item 1S - Page 21
CVAG • WESTERN COACHELLA VALLEY FLOOO ANO BLOWSANO ROAO IMPROVEMENT PROJECT manner and in compliance with all applicable laws, regulations and procedures.
• Meet with CVAG on a regular basis to communicate project updates, coordinate right-of-way issues and make recommendations to CVAG on policy development, risk mitigation and general project consultation. • Prepare and deliver written progress status reports for acquisition and relocation cases.
• Participate in project related meetings, make public presentations to individuals and organizations and represent CVAG in presentations and public hearing on all matters pertaining to the acquisition process. • Update each parcel file checklist (our QA/QC Manager will conduct weekly reviews of the project reporting to ensure compliance with CVAG and regulatory compliance).
• Finalize all work product, provided services and prepare and deliver presentations to CVAG staff and key stakeholders, as appropriate. • Assist CVAG with any file audits.

Task 3.2 Right-of-Way Cost Estimates and Data Sheets
The scope of work for preparing Right-of-Way Data Sheets for each alternative under consideration includes:
• Take an inventory of !he affected properties for each selected option. • Using public Assessor's Roll information, investigate the ownership and lot size of each affected property.
• Visually inspect each property (exterior street view) and evaluate effects of proposed acquisition.
• Sort each property into product types to determine !he universe of real estate data sets to research and create valuation data sets for each product type.
• Prepare an estimate of the probable cost of each partial acquisition (plus any damages) using lhe data sets created and utilizing our various real estate value data bases.
• Prepare an estimate of the total services and incidental costs associated with each real estate acquisition program (appraisals, acquisition and relocation agents, title/escrow, and legal services) If the acquisition program is to be phased or implemented at a future date, formulized spreadsheets will be created which apply the appropriate cost escalation factors to
reflect the projected schedule. The final cost information determined from the accumulation of data will then be
transferred into the appropriate formal for application to the Right of Way Data Sheets, or format required by the project Deliverables: Report containing a textual description of the project areas studied, a summary of total probable costs of the study area itemized by major component, and will include detailed spreadsheets showing how the summary
sheets were calculated. The spreadsheets contain a parcelby·parcel breakdown of all probable costs.

Task 3.3 Appraisal Reports
• The appraisal will be prepared by individuals licensed with the State of California, Office of Real Esta le Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to competently complete appraisals in a competent and professional manner, in accordance with applicable Michael Baker

INTE RN ATIONAL
laws and policies.
• Prepare the Notice of Decision to Appraiser letter for each property, advising the property owner of the proposed project, introducing the appraiser, enclosing an Acquisition Brochure describing CVAG's acquisition process, and contract information to answer questions and concerns.
• The appraisal report will comply with the Uniform Standards of Professional Appraisal Practice (USPAP).
• Perform an inspection of the subject property.
• In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project.
• Report the appraiser's analysis, opinions, and conclusions in the appraisal report.

Task 3.4 Appraisal Review
Review appraisals will be provided for each appraisal, and in accordance with State and Federal law and CVAG policy as required. The review appraiser will, as appropriate:
• Identify the reviewer's client and intended users, the intended use of the reviewer's opinions and conclusions, and the purpose of the assignment.
• Identify the following:
• Subject of the appraisal review assignment.
• Effective date of the review.
• Property and ownership interest appraised (if any) in the work under review.
• Date of the work under review and the effective date of the opinion or conclusion in the work under review.
• Develop an opinion as to the appropriateness of the appraisal methods and techniques used, given the scope of work applicable in the assignment, and develop the reasons for any disagreement. • Develop an opinion as to whether the analyses, opinions, and conclusions are appropriate and reasonable, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.
• Review appraisals will be forwarded to CVAG for establishment of just compensation prior to the preparation of offers to acquire the proposed land rights for the project.

Task 3.5 Right of Entry Permits
Monument will secure temporary access onto private
property(ies) for environmental, planning, or preliminary investigation or construction activity. Monument will:
• Prepare the temporary access document, such as Right of Entry permit (ROE) documents and secure approval as to form from CVAG. • Establish personal contact with property owners, wherever possible, present details of ROE.
• Negotiate with property owners and secure execution of required agreements.
•
• Facilitation of any payments from CVAG to private property owners via mail.
• Reasonable assistance lo project survey team with special owner Cvt,:, • ENVrl OPF ; ffC::kNICJ\L PR0"05AL • PAGE 19
Item 1S - Page 22
C1/;\., • WESTERN COACHELLA VALLEY FLOOO ANO BLOWSANO ROAD IMPROVEMENT PROJECT request and access concerns.

Task 3.6 Acquisition and Negotiation
Monument will provide ROW delivery services required for CVAG to purchase ROW required to construct the Project.

The tasks will be performed in accordance with applicable Federal, Sta te and local regulations, Caltrans Policies and Procedures and CVAG's ROW Policies and Procedures.

Monument will be provided with a copy of CVAG's ROW
Policies and Procedures Manual upon award and execution of a contract.

Monument will provide the following services under the
direction of CVAG staff:
• Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with Caltrans and the CVAG's PoLicies and Procedures and applicable Federal, State and local regulations.
• Coordinate and manage the acquisition process with the CVAG, legal counsel, design team, property owners, and tenants along with the title company, appraisers and other consultants to insure effective cross· discipline communications.
• Review ROW plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.
• Prepare acquisition offer packages consisting of CVAG's written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conve~ng instruments (Grant 0eed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information.
• Monument's acquisition agent will meet personally with each property owner to present CVAG's purchase offer, explain the project design requirement and inform him or her of the CVAG's ROW acquisition process.
• Negotiate personally in good faith with each property owner, his/ her agent or representative and discuss appraisal and valuation of the property interests, gather information from the property for consideration and address any questions or concerns that may arise during the acquisition process.
• Promptly transmit executed documents (acquisition agreements, executed deeds, and the like) to CVAG for acceptance and processing.

Prepared and submit a Letter of Recommendation to CVAG for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.
• Recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted in writing to CVAG.

Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with CVAG in recommending solutions to achieve acceptance of the offer.
• Provide biLingual acquisition agents, if necessary.
• Prepare all appLicable forms, secure property owner's approval and signature and submit the forms to CVAG for review and acceptance.

Michael Baker

I NTERNA TIO NA L
• Monument will provide CVAG with the original acquisition file as well as electronic copy of files for future audit purposes.

Task 3.7 Escrows Coordination
After an offer is accepted and the purchase agreement is approved by CVAG, Monument's Escrow Coordinator will
transmit the original documents to the escrow company and request that the title company send an updated Preliminary Title Report.
• The Escrow Coordinator will review the updated title report and prepare a memorandum of disapproved title exceptions.
• The escrow company will prepare escrow instructions, transmit a copy of the purchase contract to the title company and begin the process of satisf~ng all monetary liens, prorating taxes and clearing adverse title exceptions and encumbrances.
• Upon escrow's request for funds from CVAG, the estimated closing amount will be deposited in escrow, and upon close, the escrow holder will record a deed and issue a title insurance policy.
• The Escrow Coordinator will provide ongoing support to the escrow officer to ensure the timely execution of escrow instructions, coordination of title clearance documents and processing of wire transfers.
• Escrow closure generally will be accomplished in 30 to 60 days.

Task 3.8 Right-of-Way Certification
Monument will prepare and submit to Caltrans, and FHWA, if necessary, a right-of-way certification form and other required documents in accordance with the Caltrans Right of Way Manual and FHWA requirements.
• Compile property acquisition documents and supporting maps and/or plans to support right-of-way certification form.
• If necessary, coordinate with relevant parties to compile utility back·up documents to support the right·of·way certification form review. • Correspondence wijh Caltrans to faciLitate timely review and certification of acquired property rights for project construction. • Hold bi-weekly or monthly meetings with project team to ensure certification is in compliance with project schedule.

Task 3.9 Eminent Domain Support
If requested, coordinate with CVAG's condemnation counsel, as required, lo support the condemnation activities until the Resolution of Necessity is adopted and possession is granted by the courts. Litigation support after the hearing for the Resolution of Necessity, such as depositions,
mediation appearances and expert testimony, can be
provided on a time -and-materials basis.

Task 4 . 0 H&H /Ro ad way Dra i nage
Task 4.1 Scour Analysis
Michael Baker will prepare 2-Dimensional hydraulics for each of the four crossings using the USACE HEC-RAS 20
model. The model will use 1 m resolution Digital Elevation Model (OEM). This elevation model provides a single
point elevation in each square meter of the terrain. This is anticipated to provide adequate definition to determine flow • PAGE 20
Item 1S - Page 23
CVAG • WESTERN COACHELLA VALLEY FLOOD AND BLDWSAND ROAD IMPROVEMENT PROJECT direction and hydraulic parameters. The 1 m DEM will be obtained from commercially available data sources such as lntermap and is included in the other direct costs in our cost proposal.

Using the 2-Dimensional hydraulic results, the USACE
HEC-6T tool will be used to evaluate the long term
aggradation/degradation component of site scour. FHWA
Publication HEC-18 "Evaluating Scour at Bridges" will be used to determine the scour components of short term,
abutment, and pier scour. The design storm is the 100-
yr event and the scour check flood will be the 200-year event. Based on our experience with Coachella Valley Wa ter District, and their extensive data in the area, we anticipate that we will also include a general scour ca lculation using the Blench and Lacey regime equations. This is a standard practice in the Coachella Valley and in highly mobile,
small grained soil situations. If the geotechnical analysis determines that the soils are more cohesive and larger
grained, the use of the regime equations will be reevaluated.

The hydraulics and scour analysis will be summarized into the Preliminary and Final Hydraulics Reports (PFR and FHR respectively). The PHR will generally contain the record hydrology data obtained from the agencies, 2-0 hydraulics, preliminary scour results using estimated grain sizes, water surface elevations for the bridges and culverts. The FHR will contain similar data except that the scour results will be updated using the geotechnical investigation data. The PHR and FHR will be formatted to meet the Caltrans Memo To Designers 16-1 ( MTD 16-1) and are limited to the bridge locations.

The results of the offsite 20 hydraulics and scour analysis will be summarized into Hydraulics Basis of Design Reports.

This report will summarize the procedures and calculations used to determine the scour depths and will contain
recommendations for scour design at each culvert, crossing, and at locations where flows are directed along the roadway improvements to protect the roadway embankment from
scour. Additional locations will be included where scour critical elements are identified, such as electrical poles in the vicinity of the culverts/roadway improvements.

Assumptions: It is assumed that the existing road serves as a grade control structure. To maintain the geomorphology of the drainages, and prevent erosion, invert lining and toe downs will be included in the design recommendations. The grade control structure will protect the bridge foundations and limit the depth of scour. We anticipate this approach will meet the Caltrans Amendments to the AASHTO LRFD
guidelines. At the proposed box culverts, inlet and outlet scour protection will be designed to prevent undermining of the box culverts. This design will follow references such as, but not limited to, the: Caltrans Highway Design Manual, FHWA Publication HEC-14 "Hydraulic Design of
Energy Dissipators for Culverts and Channels", and FHWA Michael Baker

IN T ERNATIONAL
Publication HEC-23 "Bridge Scour and Stream Instability Countermeasures: Experience, Selection, and Design
Guidance (Vols 1 & 2).

It is assumed that the existing hydrology data is adequate to develop the 2-dimensional models. If additional hydrology analysis is necessary to support 20 modeling, it will be addressed as a separate addendum. Because this project
lies within the Colorado River Basin and is ultimately
tributary to an engineered, hardened, and maintained
channel (the Whitewater River), hydromodification studies and preparation of a Caltrans format Rapid Stability
Assessment or other hydromodification analysis/design is excluded from this project.

Deliverables:
• Hydraulics Basis of Design Report for each local jurisdiction (two reports total)
• Preliminary Hydraulics Report for each culvert/bridge crossing (four reports total}
• Final Hydraulics Report for each culvert/bridge crossing (four reports total)
Task 4.2 Roadway Drainage
Michael Baker intends to validate and expand upon the
past study/concepts, as necessary, and perform the
required technical hydrology studies to support Task 4.1, Scour Analysis and preparation of final engineering plans.

A Hydrology Report will be prepared to accompany the
engineering plans which will discuss the design approach and design flows at each flood crossing. Supporting
hydrology calculations to be provided. Note that this report is independent of the Preliminary and Final Hydraulics
Reports discussed in Task 4.1.

A separate Hydrology and Hydraulic Report will also be
prepared for the evaluation of stormwater runoff from the proposed street improvements and upstream tributaries
within the street right of ways. This analysis will evaluate the 1 •-year and 100-year storm to ensure flood protection is provided, per RCFC&WCD flood protection criteria. The 10-year flood shall be contained within the top of curbs, if applicable. The 1 OD-year flood shall be contained with the street R/W limits. Storm drain inlets and/or conveyances will be added at critical locations, as required. Mitigation measures will be provided, as necessary, to ensure
stormwater flows are discharged from the streets to the receiving channels at non-erodible velocities.

Task 4.3 NPOES Compliance
Priority Development Projects (PDPs) require compliance with Regional Board Order No. R7-2013 -001 l, also referred to as the Regional Municipal Separate Sewer System
(MS4) Permit (Permit}. This Order is an area -wide urban runoff management program for Riverside County Flood
County Flood Control and Water Conservation District,
the County of Riverside, Coachella Valley Water District Cl/A., • niVFLO"'F 1 TFC:YM ~/,I f'iWf'OSAL • PAGE 21
Item 1S - Page 24
LV1\ G • WESTERN COACHl:LLA VALLEY FLOOD MIO BLOWSAND ROAD IMPROVEMENT PROJECT and the Unincorporated cities of Riverside County with the Whitewater River Basin.

A Water Quality Management Plan may be required by the
local agency, as is allowed by the Permit. This project does not trigger any of the eight Priority Development Project categories, however due to the high profile nature and
location of the project, a WQMP may be requested. This has been included as an optional task, pending determination by the Cities.

Task 5 . 0 Env i ronmen t al Review,
Coor d ination, Design and Pe r mitting
The Western Coachella Valley Food and Blowsand
Roadway Improvement Project is subject to Federal and
State environmental review and permitting requirements
because the Coachella Valley Association of Governments requires an approval from FHWA. As such, the project is subject to the California Environmental Quality Act (CEQA} and the National Environmental Protection Act 1 (NEPA}
for environmental assessment and compliance. This
environmental review process considers other applicable Federal laws under the purview of other agencies (e.g., the Endangered Species Act, the Clean Water Act, the National Historic Preservation Act}, and the completion of any
environmental permit, approval, review, or study required under those other Federal laws.

CVAG is the project proponent and the CEQA lead
agency. FHWA's responsibility for environmental review, consultation, and any other actions required by applicable Federal environmental laws for this project are being
carried out by the California Department of Transportation (Caltrans} pursuant to 23 United States Code Section 327 (23 USC 327)' and the Memorandum of Understanding
dated May 27, 2022 and executed by the FHWA and Caltrans.

Michael Baker's environmental work plan identified below is derived from the FHWA's Annotated Dutline3 for the
preparation of a joint CEQA/NEPA document, referred
as the Environmental Impact Report and Environmental
Impact Assessment (EIR/EIS} document. Additionally, our work plan includes the preparation of technical studies, public scoping meetings, mandatory project noticing, and regulatory coordination, consultation, and permitting with various wildlife and regulatory agencies.

Task 5.1 Project lnitiaion and Project Description
Task 5.1.1 Project Initiation for Environment Work Plan Michael Baker will conduct an environmental project kickoff meeting with CVAG to obtain agreement on the basic project elements and define the project description and work plan.

Michael Baker will review related project documents and relevant available information and conduct a visit to each of the three (3) sites.

Deliverable: Meeting Agenda and Meeting Minutes in PDF
Format
Task 5.1.2 literature/Record Research and Project Description Michael Baker will obtain and review data for the analysis of project-relevant policies and documentation, as well as from local, state, and Federal agencies, which may be affected by the project. This information, along with data and information available from CVAG will become part of the foundation for the EIR/EIS.

Michael Baker will prepare a draft project description
for review and comment by CVAG staff. After receiving
comments and making the appropriate changes, we will
submit a revised version of the project description, which will become the basis for the project's environmental
analysis and technical studies.

Deliverables: Draft and Final Project Description in PDF Format
Task 5.2 - Technical Studies
Task 5.2.1 Air QuaUty Analysis
Michael Baker will summarize the existing Federal, state, and local air quality regulatory environment as it affects the proposed project and describe the location of sensitive receptors in the project vicinity. Using data provided by the California Air Resources Board (CARS} and the South Coast Air Quality Management District (SCAOMD}, characterize
existing air quality conditions in the project area and explain how those conditions are affected by local climate and
topography.

Regional Conformity. Michael Baker will evaluate
whether the project meets regional transportation
conformity requirements by determining whether it is
included, as currently defined, in the most recent Regional Transportation Plan/Sustainable Communities Strategy
(RTP/SCS} and Federal Transportation Improvement
Program (FTIP} prepared by the Southern California
'Since 2001, Cal trans has performed federal responsib11it1es for environmental decisions and approvals under NEPA for highway projects in California that are funded by FHWA /hese responsibilities have been assigned to Ca/trans by FHWA pursuant to two Memoranda of Understanding (/.IOU) signed by FHWA. The 23 USC 327 /.IOU allows Ca/trans to approve Environmental Assessments (EA) and Environmental Impact Statements (EIS), and Categor,cal Exclusions that cannot be approved as 326 CEs The f',IOU between the Federal Highway Administrarion and the California Department al Transportation concerning the state of California's participation in the surface transportation project delivery program pursuant to 13 USC 327, signed /.lay Z7, 2022 ' https !/1r' ca govlprograms/en,nronmencal·an:ily5,slnepa ass1gnmentlass1gnment·urd5r the·23·us..J21 ·mau 'htt~s /Ider ca gOl'lprog1ams/en;ironmental aralys1slsta1dard·~nwronmenta(·relereote·ser!lv1ms·templat/J/i Michael Baker
INTERNATION A L • PAGE 22
Item 1S - Page 25
CVAG • WESTERN COACHELLA VALLEY FLOOD AND BLOWSANO ROAD IMPROVEMENT PROJECT Association of Governments (SCAG).

Project-Level Conformity. Michael Baker will evaluate
whether the project meets project-level transportation
conformity requirements, wh ich will also be used to support the CEQA/NEPA analysis.
• Localized Carbon Monoxide Hot Spot Analysis. Analyze the degree to which project-related traffic volumes have a potential to effect local carbon monoxide (CD) concentrations using the California Department of Transportation CD Hotspot Protocol. It is anticipated that the CD screening procedure will be appropriate, and that CALINE-4 dispersion modeling will not be required.
• LocaUzed PM2.5/PM10 Hot Spot Analysis. The PM Hot Spot Analysis will assess the degree lo which project-related traffic volumes have a potential to affect local PM2.5 and PM 1 D concentrations. Michael Baker will prepare the required PM Conformity documentation and submit to Caltrans for review and approval. Caltrans will then forward the documentation to the SCAG Transportation Conformity Working Group (TCWG). Michael Baker will lead the TCWG interagency consultation on behalf of the project sponsor via conference call. Based on our review of the proposed project description, it is assumed that the project will not be considered a Project of Air Quality Concern (POAQC), and that a screening-level PM conformity analysis will be sufficient.

Evaluation of Construction-Period Emissions. A
quantitative construction analysis will be performed to evaluate regional and localized mass emissions. Based
on preliminary construction scheduling and phasing
information, construction emissions will be quantified using the Road Construction Emissions Model (RCEM).

Evaluation of Operations-Period Mass Emissions. Regional criteria pollutant emissions will be quantified using project· level vehicle miles traveled and EM FAC2017 emissions
factors (with CARB SAFE Rule adjustment factors).

Mobile Source Air Toxics. Evaluate proposed project-related mobile source air toxics (MSATs) emissions in accordance with FHWA updated interim guidance on how MSATs should
be addressed in NEPA documents. It is assumed that a
qualitative analysis will be prepared.

Deliverables:
• Draft Air Quality Assessment report (electronic format) • Final Air Quality Assessment report (electronic format) Task 5.2.2 Greenhouse Gas Emissions
A quantification of operational ·period greenhouse gas
(GHG) emissions associated with implementation of the
proposed project will be conducted. Operations-period
GHG emissions will be quantified using regional daily
vehicle miles traveled and EMFAC2017 emissions factors.

Michael Baker will present a comparison of GHG emissions under the Build Alternatives and the No-build Alternative to characterize effects of the proposed project on GHG
emissions. The analysis of climate change also will also incorporate the most recent guidance found on the Caltrans Michael Baker

INTERNAT ION A L
Standard Environmental Reference (SER) and Caltrans
annotated outline. Construction GHG emissions will be
quantified using the RCEM.

Deliverables:
• Draft GHG Emissions report (electronic format)
• Final GHG Emissions report (electronic format)
Task 5.2.J Energy Assessment
Michael Baker will analyze the energy implications of
the project pursuant to Public Resources Code Section
211 OO(b) (3) and Appendix G and Appendix F of the State CEQA Guidelines. These statutes and guidelines require
a project to describe, where relevant, the wasteful,
inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix G of the CEQA Guidelines requires a consistency analysis with state or local plans for renewable energy or energy efficiency. The analysis will analyze energy consumption associated with short·term
construction activities and long·term operations using
EMFAC2017. The analysis will also discuss the effects of the project on regional and local energy supply, demand, and resources, and the project's consistency with energy standards and requirements.

Deliverables:
• Draft Energy report (electronic format)
• Final Energy report (electronic format)
Task 5.2.4 Noise Study Report
Michael Baker will assess the noise impacts associated with implementation of the proposed project. The noise analysis will be presented in a Noise Study Report (NSR) consistent with the procedures and requirements specified by FHWA
in Title 23, Section 772 of the Code of Federal Regulations (CFR) (23 CFR 772) and the Caltrans Traffic Noise Analysis Protocol (Protocol). The NSR will satisfy the requirements of NEPA and CEQA.

Michael Baker noise staff will prepare a Noise Work Plan for Caltrans review and approval prior to initiating the noise work.

Michael Baker will conduct traffic noise modeling of the build alternative and the no-build alternative using the FHWA Traffic Noise Model (TNM) Version 2.5 and traffic
data to be provided by the project traffic engineer. This scope assumes that the project engineer will provide 3·D Computer Aided Design (CAD) topographical maps, with
elevation contours at no greater than 2·foot resolution, that extend at least 500 feet outside of the right·of·way in all directions. TNM will be used to model worst hour traffic noise cond itions at representative modeled receiver locations under existing conditions and design-year
conditions with and without the proposed project.

Michael Baker will prepare a NSR addressing the
requirements ol 23 CFR 772 in accordance with guidance
CVAG • f-NVFLO~F ; l'FCHNICA' PR::JDQS/IL • PAGE 23
Item 1S - Page 26
r vAG • WESTERN COACfl ELLA VALLEY FLOOD AND BLOWSAND ROAO IMPROVEMENT PllOJEC r in the Protocol and following the NSR format indicated in the Caltrans Annotated Noise Study Report Outline. Should impacts be identified, the NSR wilt include a preliminary noise abatement design to schematically identify the
location, height, and extent of noise barriers needed to abate noise impacts.

Deliverables:
• Draft Noise Study report in PDF Format
• Final Noise Study report in PDF Format
Task 5.2.5 Cultural Resources Assessment
Michael Baker will prepare the cultural resources studies necessary to address requirements of Section 106 of the National Historic Preservation Act (NHPA), NEPA, CEQA,
and the Caltrans 2014 First Amended Programmatic
Agreement Among The Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance
With Section 106 of the National Historic Preservation
Act, as it Pertains to the Administration of the Federal ·Aid Highway Program in California (Section 106 PA). Reports will be prepared in compliance with the Caltrans Standard Environmental Reference (SER). It is anticipated that two documents will be required: a Historic Property Survey
Report (HPSR) and Archaeological Survey Report (ASR)
per Ca ttrans standards. These reports wilt be submitted concurrently. The reports will satisfy requirements of CEQA and Section 106 of the NHPA.

The HPSR is the cover document for cultural resources
technical studies and the ASR documents the identification efforts for archaeological resources. To complete these studies, we wilt complete:
• The Area of Potential Effects (APE) deLineation pursuant to Caltrans standards.
• A records search at the Eastern Information Center with a 1 /2·mile search radius. The records search identifies previously recorded or otherwise known cultural resources and previous cultural resources studies wrthin or adjacent to the APE. A review of cultural resource inventories will be completed to identify cultural resources that may be Listed within or adjacent to the APE. If available, appropriate City/County Listings will be reviewed.
• Background research and literature review consisting of a review of archaeological, ethnographic, historical, and environmental pubLications and maps at historical archives. The background research will identify previously recorded or otherwise known cultural resources.
• As-built request to Caltrans and review to guide the buried site sensitivity analysis.
• Consultation with the Coachella Valley History Museum to identify any information or concerns they may have about the project within the APE. • A Native American Heritage Commission Sacred Lands File search Michael Baker

INTERNATIONAL
to assist Caltrans with meeting Native American consultation requirements pursuant to Section 106 of the NHPA. We will contact the Native American Heritage Commission in Sacramento for a review of the Sacred Lands File to determine ii the APE contains any known sacred lands, and a List of Native American contacts who may have concerns about the project within the APE. We wilt work with Caltrans to draft and send a consultation letter to tribes identified on the NAHC contact List. We will follow up on consultation requests with an email and/or phone call to the tribes No meetings with tribes have been scoped for this project
• An archaeological field survey of the 4.S·mite APE.
• Consultation with Caltrans Professionally QuaLified Staff throughout the document preparation process.

AB 52 Consultation: We will assist CVAG with Native
American consultation requirements pursuant to Assembly Bill (AB) 52.

Deliverables:
• Draft Historic Property Survey Report and Archaeological Survey Report in PDF Format
• Final Historic Property Survey Report and Archaeological Survey Report in PDF Format
• AB 52 consultation letter in Word Format
Task 5.2.6 Transportation
CEllA Vehicle Miles Traveled Assessment
Michael Baker wilt conduct a Vehicle Miles Traveled
(VMT) analysis consistent with the County ot Riverside
Transportation Analysis Guidelines for Level of Service, Vehicle Mites Traveled (December 2020) or other guidelines as directed by CVAG staff at the time of analysis. Based on a preliminary review of the transportation project screening criteria, it is anticipated that the Varner Road and Date Palm Drive projects can be determined to have a tess·thansignilicant transportation impact since these projects will not include adding motor vehicle throughput capacity to each of these roadways. However, since the Indian Canyon Drive project is anticipated to include an increase in motor vehicle capacity, the project is anticipated to require a full VMT assessment to calculate VMT using a regional
travel demand model. Michael Baker will lead the VMT
assessment effort with travel demand modeling support
from Translutions, Inc.

Screening Memorandums (Varner Road and Date Palm
Drive)
Michael Baker wilt conduct the detailed VMT screening
analysis consistent with the appropriate guidelines for the Varner Road and Date Palm Drive projects. The Michael
Baker Team anticipates that each of these projects will be exempt tram a full VMT assessment upon completion of the screening criteria review given the lack of increased motor vehicle capacity.

VMT Assessment Memorandum (Indian Canyon Drive)
• PAGE 24
Item 1S - Page 27
CVAG • WESTERN COACHELLA VALLEY FLOOD AND BLOWSAND ROAD IMPROVEMENT PROJECT Michael Baker will prepare a methodology memorandum
to serve as a scoping document which will outline
the recommended VMT analysis methodologies and
assumptions. The methodology memorandum, which
will include the detailed screening analysis and will be submitted to CVAG staff for their review prior to conducting any required VMT analysis. Michael Baker has the in-house qualifications to conduct this analysis with travel demand modeling support provided by Translutions, Inc.

Translutions will modify the Riv TAM to evaluate the
Indian Canyon Drive project including roadway widening.

Consistent with the VMT guidelines, this task will be
conducted using the base and future year models. It is not anticipated that significant network edits will be required as part of this task. Based on the requirements, VMT for the following scenarios will be calculated: (1 ) Base Year without project; (2) Base Year with project; (3) Future Year without project; and (4) Future Year with project.

Feasible mitigation measures will be recommended
and calculated either based on the County of Riverside
Checklist, the CAPCOA checklist, or using percentage VMT reductions from CalEEMod. Michael Baker will prepare
a VMT assessment memorandum to discuss the findings
of the analysis. This scope of work includes a total of two submittals to the CVAG (one draft report for CVAG review and one final report with CVAG comments addressed).

NEPA Support
Additional traffic operations analysis will be prepared to support the NEPA process. This task will include
development of segment traffic volumes for the each of the three projects. Further study will be prepared for the Indian Canyon Drive project to evaluate the capacity expansion.

This task will result in the following:

1. Varner Road - Traffic Volume Technical Memorandum to document the segment daily, AM Peak Hour, and PM Peak
Hour volumes along the corridor, by direction. Volumes will be developed for Existing, Opening Year, and Design Year conditions. Future No Build and Future Build traffic volumes are anticipated to be the same.

2. Date Palm Drive - Traffic Volume Technical Memorandum to document the segment daily, AM Peak Hour, and PM Peak Hour volumes along the corridor, by direction. Volumes will be developed for Existing, Opening Year, and Design Year conditions. Future No Build and Future Build traffic volumes are anticipated to be the same.

3. Indian Canyon Drive - Traffic Operations Analysis
Technical Memorandum to document the volume
development and traffic operations analysis. The operations analysis will be condu cted to support the NEPA process given the planned capacity expansion along the corridor.

Analysis methodologies, assumptions, and findings will be documented in three separate technical memorandums, one for each project. This scope of work includes a total of two Michael Baker

INTE R NATIONAL
submittals to the CVAG (one draft report for CVAG review and one final report with CVAG comments addressed).

Traffic Data for Air Quality and Noise Analysis
Additionally, traffic data not required for the previous analysis, but needed for the air quality and noise analysis will also be developed as needed including:

1. Segment traffic operations analysis for the Varner Road and Date Palm Drive projects to obtain operating speeds.

2. Regional VMT for the Opening Year No Build and Build conditions for the Varner Road and Date Palm Drive
projects.

Deliverables (in electronic format):
• CEOA Vehicle Miles Traveled Assessment in PDF Formal consisting ol:
• Varner Road VMT Screening Memorandum
• Date Palm Drive VMT Screening Memorandum
• Indian Canyon Drive VMT Screening and Methodology Memorandum • Indian Canyon Drive VMT Assessment Memorandum
• NEPA Support in PDF Format consisting or:
• Varner Road Traffic Volume Technical Memorandum
• Dale Palm Drive Trartic Volume Technical Memorandum
• Indian Canyon Drive Traffic Operations Analysis Memorandum • Dataset ror use in the air quality and noise technical studies Task 5.2.7 Location Hydraulic Study and Summary Floodplain Evaluation Report
The project locations lie within mapped FEMA Floodplains per FEMA Panel Nos. 06065C0895G and 06065Cl 577G
(both Effective 8/28/2008). Because this project lies within a mapped floodplain, Federal Regulations and Executive
Order 11 988 and Riverside County Ordinance 458 require that the flood hazard risk be evaluated. MBI has extensive experience preparing Location Hydraulic Studies (LHS) and Summary Floodplain Evaluation Reports (SFER) for review by Caltrans District 8 as part of their oversight process.

Michael Baker will complete the Location Hydraulic Study and Summary Floodplain Evaluation Report in accordance
with Chapter 17 of the Standard Environmental Reference and HOM Figures 804.7Aand 804.78. Existing Condition
hydrology and hydraulic models will be referenced from
existing studies. New off-site (Regional) hydrology is not included in this scope of work.

Deliverables:
• Drart Location Hydraulic Study and Summary Floodplain Evaluation Report in PDF Format
• Final Location HydrauLic Study and Summary Floodplain Evaluation Report in PDF Formal
Task 5.2.B Water Duality Assessment Report
A Water Quality Assessment Report (WQAR) will
qualitatively discuss the project's impacts on receiving water quality during construction and post-construction conditions based on the region's applicable stormwater
CV/,G • FNVFl OPE I -FLI--NIC/ll PROPOSAi • PAGE 25
Item 1S - Page 28
(:I/AG • WESTERN COACHELLA VALLEY FLOOD ANO BLOWSANO ROAD IMPROVEMENT PROJECT regulations and consistent with the NP DES permit
requirements. The report will discuss the following:
• The evaluation of the potential impacts related to implementing the proiect.
• Regional Hydrology, Local Hydrology, Floodplains, Precipitation and Climate, Groundwater Resources, Soils/Erosion Potential, Surrounding Land Uses, and Topography.
• The applicable requirements of the local NPDES permit (Order No.

R7·2013·0011, or subsequent permit in effect at time of preparation), Federal Clean Water Act (CWA), State Water Quality Regulations (Statewide General Construction Permit), State Requirements under Section 402 of the Federal CWA, Beneficial Uses, Groundwater and Surface Water Quality Dbiectives, and Impaired Waters. A risk analysis will be conducted consistent with the CaLifornia Statewide General Construction Permit (Order 2009-0009-DWQ).
• Potential stormwater quality mitigation measures (Best Management Practices) that may be needed per the water quality requirements applicable to the project.

Deliverables:
• Draft Water Quality Assessment Report (electronic format) • Final Water Quality Assessment Report (electronic format) Task 51.9 Biological Assessment
Michael Baker will conduct a database search of the
California Department of Fish and Wildlife's (CDFW)
California Natural Diversity Database, the California Native Plant Society (CNPS) Electronic Inventory of Rare and
Endangered Vascular Plants of California listings, and
the U.S. Fish and Wildlife Service (USFWS) Information
for Planning and Consultation online system and Critical Habitat mapper to preliminarily identify any special-status biological resources known to occur within the general
vicinity of the project sites. In addition, a detailed review of the Coachella Valley Multiple Species Habitat Conservation Plan (MS HCP) will be conducted for implications on the proposed project.

Michael Baker will systematically survey the project site to document baseline biological conditions and evaluate the site's potential to support special-status plant and wildlife species, including habitats and species covered under the MSHCP. The field survey will be conducted by a qualified biologist(s) to document the presence/absence of specialstatus biological resources, or to determine the potential tor occurrence of such resources that may not be detectable when the literature review is conducted. In addition, the location of any special-status plant and wildlife species and vegetation communities will be mapped, if present on-site.

Vegetation communities occurring within the project
site will be classified in accordance with the vegetation descriptions provided in the MSHCP and cross-referenced with A Manual of California Vegetation (Sawyer el al. 2009).

Data collected during the field survey will provide an
overall understanding of the project setting and biological resources potentially occurring in the area.

Michael Baker

I NTERNAT I ONAL
Michael Baker will then prepare a comprehensive report
to summarize the information and results obtained during the literature review and field survey, document all plant, wildlife, and vegetation communities observed, and
determine the potential for any special-status species
to occur on or within the vicinity of the project sites. In addition, the report will provide an analysis of anticipated project-related impacts to biological resources and identify any add itional biological surveys, mitigation measures, and/or permit requirements that may be required prior to implementation of the proposed project. Further, the report will include a consistency analysis to document compliance with the MSHCP and identify potential impacts to MSHCPcovered species and habitats. The final report will be sufficient for use by Caltrans as the federal lead agency to demonstrate compliance with CEQA and NEPA. Site
photographs taken during the field survey and Geographic Information Systems figures will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site.

Assumptions and Exclusions: This task anticipates the
field survey effort will be conducted in two (2 ) days and allows for two (2) rounds of review/revisions to the draft report before accepted as final. This task also assumes that the CVAG will provide full access to the project site, as well as keys to locked gates and advance notice of our right of entry. This task also assumes tha t the report will not be prepared following Caltrans guidelines for preparation of a Natural Environment Study/Natural Environment StudyMinimal Impacts (NES/NES-MI). If required, an additional scope and fee would be required and submitted to CVAG for review/approval.

Deliverables: Michael Baker will submit an electronic copy (PDF) of the final report to CVAG.

Task 5.2. 9.1 Focused Burrowing Owl Surveys
Based on a preliminary review of occurrence records in
the CNDDB (CDFW 2022), burrowing owls have been
documented within the vicinity and in similar habitat to that which occurs on the project site. Therefore, to ensure the analysis of potential impacts to biological resources is compliant with current standards under the CEQA,
requirements of the MS HCP, and guidance provided by
CDFW, Michael Baker biologists will conduct focused
surveys to map the extent of suitable habitat and confirm the presence/absence of burrowing owls on and within the immediate vicinity of the project site.

All suitable burrows/nest sites, including rock piles and non-natural substrates, will be mapped and thoroughly
examined for signs of presence and all burrows encountered will be examined for shape, scat, pellets, feathers, tracks, and prey remains. The locations of any remnant/occupied burrows/nests or burrowing owl sign will be recorded with a hand-held GPS unit.

C\/M, • f'I r~o?, I - rL,rlo'J,I ,
11-lOPtl,/\L • PAGE 26
Item 1S - Page 29
rvAG • W ESTERN COACHELLA VALLEY FLOOO AND BLOWSANO ROAD IMPROVEMENT PROJECT Following the completion of the final survey, Michael Baker will prepare a letter report summarizing the methods,
conditions, and results of the focused surveys. Site
photographs and GIS figures will be included in the final report to further enhance written text and visually depict the locations of any su itable habitat/burrows, occupied or remnant burrows, sign, and/or burrowing owls, if found.

Assumptions & Exclusions: This task assumes four (4)
field surveys will be conducted and allows for one (1)
round of response to comments on the draft report before accepted as final. This task excludes the preparation of a Burrowing Owl Exclusion Plan.

Deliverables: Michael Baker will submit an electronic copy (PDF) of the final report to CVAG.

Task 5.2.9.2 Coachella Valley Fringed-Toed Lizard Protocol Surveys
Based on a preliminary desktop review, a number of
records of the federally-listed-threatened and State-listed endangered Coachella Valley fringed-toed lizard (Uma
inornate) occur within close proximity of all three road segments. This species is also a Covered Species under
the CVMSHCP. As a result, Michael Baker proposes to
conduct protocol-level surveys for this species following USFWS {2007) protocols described in Coachella Valley
Fringe-toed Lizard (Uma inornate) Survey Protocol. Per
protocol, six surveys would be conducted between April
and October over the same area on separate days, using
transects spaced five (5) meters apart. Surveys would be conducted following the time of day, temperature, and other requirements outlined in the USFWS protocols. Following completion of the surveys, a letter report describing the survey methods and results would be prepared.

Assumptions and Exclusions: This task assumes the six (6) focused field survey prescribed under the protocol will be conducted by three (3) qualified biologists and allows for one (1) round of review/revisions of the survey report prior to accepted as final.

Deliverables: Michael Baker will submit an electronic copy (PDF) of the final survey report to CVAG.

Task 5.2.9.3 Rare Plant Surveys
Based on a preliminary desktop review, records of the
federally-listed endangered Coachella Valley milk-vetch (Astragalus lentiginosus var. coachellae) occur within
proximity of all three road segments. This species is
also a Covered Species under the CVMSHCP. As a result,
Michael Baker proposes to conduct rare plant surveys
during the blooming period (February through May) for
this species following CDFW (2018) protocols described in Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural
Communities. Following completion of the surveys, a letter report describing the survey methods and results would be Michael Baker
IN TEANATIONAl
prepared following the survey protocols.

Assumptions and Exclusions: This task assumes the two
(2) focused field surveys will be conducted by three (3). qua lilied botanists/biologists and allows for one ( 1) round of review/revisions of the survey report by CVAG before accepted as final. This task also includes time to track when the species is blooming in order to appropriately time/ schedule the rare plant surveys.

Deliverables: Michael Baker will submit an electronic copy (PDF) of the final survey report to CVAG.

Task 5.2. 9.4 Joint Project Review Application
If impacts would occur within MSHCP Conservation Areas, the proposed project would be subject to the Joint Project Review (JPR) by the CVCC. Michael Baker will provide
technical support to CVAG to review and respond to
comments received from the CVCC, USFWS, and/or COFW.

Assumptions: This task assumes one (1) round of review/ revisions with CVAG before accepted as final, and two (2) rounds of review/revisions with the CVCC, USFWS, and
COFW.

Deliverables: Michael Baker will submit an electronic copy (PDF) of the final JPR Application to the CVAG.

Task 5.2. 9 .5 Protocol Desert Tortoise Surveys
If required, Michael Baker biologists will conduct protocol surveys to determine the presence/absence of desert
tortoise (federally/State threatened and MSHCP Covered
Species).

Following completion of the survey, Michael Baker will
prepare a letter report documenting the methods and
results of the presence/absence survey, as well as identify any additional mitigation measures that may be required for the proposed project. The report will be supported by tables, figures, maps, and photographs as necessary to
present a complete analysis .

Assumptions and Exclusions: This task assumes the
three (3) field surveys prescribed under the protocol will be conducted by three (3) qualified biologists and allows for one {1) round of review/revisions of the survey report before accepted as final.

Deliverables: Michael Baker will submit an electronic copy (PDF) of the final survey report to CVAG.

Task 5.2.9.6 Biological Resources Technical Report (Optional Task)
If impacts would occur on lands managed by the U.S. Bureau of Land Management (BLM ), Michael Baker will prepare
a Biological Resources Technical Report (BRTR) for the
proposed project. A database search of the CDFW California Natural Diversity Database, the CNPS Inventory of Rare and Endangered Vascular Plants of California listings, and the USFWS Information for Planning and Consultation online
, • PAGE 27
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CVAG • WESTERN COACHFLI.AVALLEV FLOOD ANO BLOWSANO ROI\O IMPROVEMENT PROJECT system and Critical Habitat mapper will be conducted
to preliminarily identify any special-status biological resources known to occur within the general vicinity of the project site, particularly those protected by the BLM that may not have been previously considered.

Vegetation communities occurring within the project site will also be classified in accordance with the vegetation descriptions provided in the MSHCP and the Proposed
California Desert Conservation Area Plan Amendment for
the Coachella Valley (BLM 2002).

This report is a BLM requirement and will follow an agencyspecific format, as welt as evaluate potential impacts to federally listed species for the purposes of future
Section 7 consultation between the BLM and USFWS. New
contemporary site photographs taken during the field
survey and updated GIS figures will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site.

Assumptions and Exclusions: This task assumes one ( 1)
field survey will be conducted by two (2) qualified biologists and two (2) rounds of review/revisions of the BRTR by
the BLM to the draft BRTR before accepted as final. This task excludes additional/updated protocol surveys or preconstruction surveys for special-status plant and wildlife species; should any species-specific surveys be required or requested by BLM, an additional scope and fee would be required before the work could be conducted.

Deliverables: Michael Baker will submit an electronic copy (PDF) of the final BRTR to CVAG and the BLM.

Task 51.9.7 Biological Assessment (Optional Task)
If federally listed species and species protected by the BLM and/or USFWS are either known to be present on-site or
are assumed to be present, the BLM wilt need to undergo Section 7 consultation with the USFWS pursuant to the
Federal Endangered Species Act. Michael Baker wilt prepare a Biological Assessment ( BA) to initiate formal Section 7 consultation for authorization of take of federally listed species on SLM-administered lands. The completed BA
would be submitted to the BLM lo submit lo the USFWS to initiate Section 7 consultation.

Assumptions and Exclusions: This task assumes two (2)
rounds of review/revisions of the BA by CVWD and the
BLM before accepted as final. This task has been proposed conservatively lo assume that a full BA would be required for the project, with the understanding that it may be
possible to undertake a streamlined BA/Section 7 process between the BLM and USFWS based on compliance with
the MSHCP. The possibility of a streamlined BA would be ascertained after completion of the BRTR (Task 7 above) in consultation with the BLM and USFWS and this scope of work may adjust accordingly if the streamlined process is approved.

Michael Baker

INTERNA TIONAL
Deliverables: Michael Baker will submit an electronic copy (PDF) of the final BA to CVAG and the BLM.

Task 5.2.10 Aquatic Resources Delineation Report
Michael Baker wilt conduct a site reconnaissance and
perform a delineation of jurisdictional "waters of the United States" and "waters of the State" (including potential
wetlands), located within and/or immediately adjacent
to the boundaries of the project site. The jurisdictional delineation will result in:
• A determination of the U.S. Army Corps of Engineers (Corps) ordinary high-water mark (OHWM) and indicate the existence of any three (3) parameter wetlands on-site. The actual presence or absence of wetlands on-site will be verified through the determination of the presence of wetland hydrology, hydrophytic vegetation, and hydric soils pursuant to the Regional Supplement to the Corps of Engineers Wetland Delineation Manual Arid West Region (Version 2.0) (Corps 2008); • The California Department of Fish and Wildlife's (COFW) jurisdiction identified on-site as a stream bed or to the outer drip line of riparian vegetation (if present) pursuant to Section 1600 et seq. of the California Fish and Game Code (CFGC); and
• A determination of the Regional Water Quality Control Board's (Regional Board) jurisdiction based on the adopted State Wetland Definition and Procedures for Discharges of Dredged or RU Material to Waters of the State (State Water Resources Control Board, 2019). In cases where federal jurisdiction is not present, the deLineat1on will identify areas under the jurisdiction of the Regional Board pursuant to Section 13263 of the CaLifornia Porter-Cologne Water Quality Control Act.

Michael Baker will prepare a letter report discussing on-site jurisdictional areas. Pursuant to agency requirements,
the report will include the required exhibits to enhance the written text and identify jurisdictional areas. This task includes time for GIS analysis to support the preparation of the jurisdictional delineation figures. The delineation figures will be a scale of 1" = 300' or greater and will consist of an aerial photograph. Drainage and/or wetland features will be overlaid on the aerial photograph and the extent (acreage and linear feet) of each agency's jurisdiction will be identified.

Assumptions and Exclusions: This task assumes one (1)
field survey will be conducted by two (2) qualified wetland delineators and allows for one (1) round of review/revisions by the Client prior to submittal.

Deliverables: Michael Baker will submit an electronic copy (PDF) of the final Aquatic Resources Delineation Report to the Client.

Task 5.3 - Notice of Preparation/Notice of Intent & Public Scoping Meeting
Task 5.3.1- Notice of Preparation and Notice of Intent
Michael Baker will prepare the Notice of Preparation (NOP) and Notice of Intent (NOi) which will identify the potentially significant effects of the project that will require further analysis in the EIR/EIS. The distribution process will include • PAGE 28
Item 1S - Page 31
CVJ\G • WESTERN COACHELLA VALLEY FLOOD ANO BLOWSANO ROAD IMPROVEMENT PROJECT the following steps:
• Michael Baker will distribute the NOP/NOi to up to 10 agencies via FedEx and residents that have requested notices via first-class mail.

Michael Baker will provide a version of the NOP/NOi suitable for newspaper publishing by CVAG. CVAG will be responsible for publishing the notice with the newspaper. Michael Baker will submit the NOP/NOi to the State Clearinghouse with a Notice of Completion (NOC) form.

CVAG will coordinate with Caltrans/FHWA to publish the NOi in the Federal Register.

Deliverables:
• Draft Notice of Preparation/Notice of Intent in Word Format • Final Notice of Preparation/Notice of Intent (Up to 50 hard copies) and in PDF Format
Task 5.3.2 - Public Scoping Meeting
Michael Baker will assist CVAG in conducting a scoping
meeting during the 30-day NOP/NOi public review period.

Michael Ba ker will facilitate the public meeting, including intake of public comments on the project. We will provide a draft and final presentation, as well as comment sheets, sign-in sheets, and speaker cards ..

Michael Baker will consolidate the written comments
received during the scoping meeting and public review
period for agency consideration and documentation in the EIR/EIS.

Deliverables:
• Draft Presentation in Microsoft Power Point Format
• Final Presentation in Microsoft PowerPoint Format
• Meeting Materials (Sign-in Sheet and Comment Cards)
• Meeting Minutes in PDF Format
TASK 5.4 • Preparation of the EIA/EIS
The Draft EIR/EIS will be prepared in accordance with
the State CEQA Guidelines with consideration of CVAG's
guidance including local guidelines and thresholds, and the FWHA's NEPA Guidance documents including Council on
Environmental Quality (CEQ) Regulations for Implementing NEPA (40 CFR 1500-1508), FHWA's Environmental Impact
and Related Procedures (23 CFR 771 ).

Task 5.4.1 Administrative Draft EIR/EIS Preparation
Michael Baker will prepare a comprehensive Administrative Draft EIR/EIS for lead agency review. The proposed outline and approach for the Draft EIR/EIS is further described below and derived from the FWHA's Annotated Outline for an EIS and the State CEQA Guidelines but can be modified to best conform to the project needs.

Executive Summary
This section will contain a summary of the proposed
project and alternatives and associated environmental
consequences. This section will identify each potential environmental impact; the level of significance of each impact; mitigation measures required; and impacts after mitigation. The summary will also note areas of known
M ichael Baker

IN TE RNAT IO NAL
controversy and an assessment of the alternatives reviewed and their associated impacts.

Introduction
This section will introduce the project's purpose and
needs, summarize the EIR/EIS process, and use of the
EI R/EIS. The purpose and need statements will drive the development of the range of alternatives. The project's needs will likely include transportation demand, safety, legislative direction, urban transportation plan consistency, modal interrelationships, and the condition of the existing roadways and circulation system.

Proposed Project and Project Alternatives
• The project description will fully describe the Project Description and Project Alternatives, including a comparison of Project Alternatives. • Preferred Alternatives
• Alternatives Considered by Eliminated from Further Consideration The section will describe the process that was used to
develop, evaluate, and eliminate potential alternatives based on the purpose and need of the project. The
discussion will include alternatives were selected for
detailed study, the reasons why some alternatives were
eliminated from consideration and describe how the
alternatives meet the need for the project. T This section will also identify the project objectives, as well as, permits and approvals needed to develop the project.

Environmental Setting/ Affected Environment
The environmental setting will provide narrative and map descriptions of the existing environment. In addition, the geographic character of the area will be described and
illustrated here, including land use/zoning, vegetation, wetlands, floodplains and wildland fire hazard zones, as applicable.

Environmental Assessment and Consequences
This section will describe the impacts of project alternatives on the environment and documents the methodologies used in evaluating these impacts. Information in this section is used to compare project alternatives and their impacts.

This section will describe in detail both the impacts of the proposed action and the potential measures that could
be taken to mitigate these impacts. Mitigation must be
considered for all identified impacts, regardless of their significance. The prelude to the topic specific environmental analysis will include an explanation of how the impact
analysis will proceed and include an assessment of
irreversible and irretrievable impacts, construction impacts, and cumulative impacts.

Each environmental resource topic addressed in the EIR/EIS will have the following subsections:
• The existing conditions sections will be based on existing data sources, relevant technical reports and desktop research.
• The impact analysis will evaluate the potentially significant impacts of the project based on applicable thresholds, qualitative and quantitative CVAG • fNVf , OPf I TFCIINICA, PROPOSAL • PAGE 29
Item 1S - Page 32
Cl/AG • WESTERN COACHELLA I/ALLEY FLOOD ANO !JLOWSANO ROAD IMPROVEMENT PROJECT discussion, with consideration of the environmental context. Also see Technical Approach to Environmental Topics below for discussion of lhe environmental approach by CEOA topic.
• Avoidance, Minimization, and/or Mitigation Measures will be included if needed and feasible to reduce impacts to less than significant levels. • The cumulative analysis for each topic will consider the impacts of the project, in combination with other past, present, and reasonably foreseeable projects in the area. A list of cumulative projects (identified in lhe environmental setting section) or summary of cumulative build out conditions for the relevant geographic area for the topic will form the basis for the cumulative impact analysis. The geographic study area for each analysis will vary by topic.

Pursuant to CEQA and NEPA requirements the following
list of resource topics will be addressed in the EIR/EIS document:
• Land Use
• EnvironmentalJustice and
Social Impacts
• Economic Impacts
• Air OuaLily / Greenhouse Gas
Emissions
• Transportation & Circulation
• Noise
• Water Quality and Hydrology &
Floodplains
• Biological Resources/
Threatened or Endangered
Species
• Cultural Resources, Historic
and Archeolog ical Preservation
/ Tribal Resources
• Hazards & Hazardous Materials
• Aesthetic & Visual Impacts
• Energy
• Utilities and Public Services
• Irreversible and Irretrievable
Commitment of Resources
• Farmland and Forestry
Other Federal Requirements and CECA Considerations
This section will address growth inducing impacts of the project and a summary of significant and unavoidable
impacts of the project.

Deliverable: Administrative Draft EIR/EIS in Word and PDF Format
Task 5.4.2 Screencheck Draft EIR/EIS Preparation
Michael Baker will revise the Administrative Draft EIR by addressing one round of comments to be provided in an
editable, electronic format (Microsoft Word). Michael
Baker will identify any comments which need clarification, guidance, or further discussion with CVAG for comment
resolution.

Deliverable: Screencheck Draft EIR/EIS in Word and PDF
Format
Task 5.4.3 Circulation of Draft EfR/EIS and Public Notification This task involves the production, editorial work, and
communication processes anticipated to publish the Draft EIR/EIS for public review and comment. Upon approval of the Screencheck Draft, Michael Baker will prepare the Draft EIR/EIS for publication and distribution.

Public notification will include preparing the Notice of Availability (NOA) and Notice of Completion (NOC) for
the State Clearinghouse, and key transmittals. The NOA/ Michael Baker

I NTERNA T IONA L
NOC will indicate where the Draft EIR/EIS can be accessed for review, including an on-line webpage and hard copy
placement at CVAG's office.

Michael Baker will submit the Draft EIR/EIS to the State Clearinghouse for a 45 day public review via electronic submittal. Michael Baker will distribute the NOA parties on the CVAG's agency notification list via certified mail or other trackable means of delivery and submit the NOA/NOC to
the Riverside County Clerk for posting. The NOA/NOA will also be distributed to a radius distribution list as defined by CVAG.

CVAG will be responsible for publishing the Draft EIR/EIS and Notices on its website, and publication of the NOA/NOC in a local newspaper.

CVAG will coordinate with Caltrans/FHWA to publish the
notification in the Federal Register.

Deliverables:
• Draft EIR/EIS (four hard copies of the Draft EIR/EIS and Appendices on Oise)
• Draft EIR/EIS (electronic format)
• Draft EIR/EIS and NOA/NOC to the State Clearinghouse (electronic submittal)
• NOA/NOC to CVAG's agency distribution List; approximately 30 parties (certified mail or other trackable means)
• NOA/NOC to radius maiLing List; approximately 30 parties (via U.S. Mail) Task 5.4.4 Final EIR/EIS Preparation
Following the format comment period and receipt of written comments from the public and other agencies, the Final
EIR/EIS will be developed and issued. The Final EIR/EIS will address the written comments on the Draft EIR/EIS and identify, based on analysis and comments, the "preferred alternative." The Final EIR/EIS must identify and describe the preferred alternative and the basis for that decision.

Michael Baker will prepare draft Response to Comments
letters for CVAG review (CEQA requirement).

Any revisions to the Draft EIR/EIS will be in an errata format/section indicating what section is being modified, with content changes identified in a strikeout (for deletions) and underline format (for additions).

Mitigation Monitoring and Reporting Program (CECA
requirement)
Michael Baker will prepare a Mitigation Monitoring and
Reporting Program (MMRP) in a CVAG -approved format.

The MMRP typically uses a tabular format including the
following content: mitigation measure; entity responsible for implementing the measure; agency responsible for
verifying the measure; monitoring and reporting schedule; and compliance criteria.

Statement of Overriding Consideration and Findings of
Fact (CECA requirement)
If desired by CVAG, Michael Baker is available to prepare • PAGE 30
Item 1S - Page 33
CVAG • WESTERN COACHELLA VALLEY FLOOD ANO BLOWSANO ROAD IMPROVEMENT PROJECT findings in accordance with State CEQA Guidelines
Section 15091 for each effect identified in the EIR. Project alternatives will also be discussed. A Statement of
Overriding Considerations will be prepared, if necessary, describing the CVAG's rationale for approving the project in light of any unavoidable significant environmental impacts.

The Notice of Determination (NOD) is the final step in the EIR process and must be filed with the County Clerk within five (5) days of project approval. Michael Baker will prepare a draft NOD and coordinate with CVAG to finalize the NOD.

Michael Baker will file the NOD with the Riverside County Clerk and State Clearinghouse. CVAG will be responsible for payment of the applicable administrative and California Department of Fish and Wildlife filing fees.

The Record of Decision (ROD) is the final step in the EIS process and may not be issued sooner than 30 days after the approved final EIS is distributed for 90 days after the Draft EIS is circulated. The ROD will identify the selected alternative, present the basis for the decision, identify the alternatives considered, specify the "environmentally preferable alternative," and provide information on the adopted means to avoid, minimize and com pensate for
environmental impacts. CVAG will coordinate with Caltrans/ FHWA in order for the federal lead agency to prepare and publish the ROD .

Deliverables (in Word and PDF format):
• Draft and Final EIR/EIS including the Response to Comments and Errata • Draft and Final Comment Letters
• Draft and Final Statement of Overriding Considerations • Draft and Final Findings of Fact
• Draft and Final Mitigation Monitoring and Reporting Program • Draft and Final Notice of Determination
TASK 5 . 5 - REGULATORY

COORDINATION, CONSULTATION AND

PERMITTING
Task 5.5.1: USACE 404 Authorization
The USACE will allow use of the expedited Nationwide
Permit Program (NWP) for projects that involve single
crossings of a water feature with independent utility. Since each of the proposed roadway crossings can function
independently of each other, the first step in our process will be to determine it the proposed improvements meet the requirements for authorization under an NWP. We anticipate that NWP 14- linear Transportation Projects would apply, which limits the amount of permanent impacts or fill to 0.5- acre per crossing. We have the option of combining this permit with NWP 33 - Temporary Construction, Access, and Oewatering or reviewing other NWP types that may offer
more flexibility, depending on the activities proposed at each crossing.

In the event that one or more crossings exceed the
thresholds for 404 authorization under an NWP, Michael
Baker will prepare an Individual Permit application
Michael Baker

INT E RNATI ONAL
package for submittal to the USACE. Please note that we have scoped for the more work and schedule intensive
IP application to avoid the need for an augment. Because the NWP requires less effort, Michael Baker can obtain
NWPs for the crossings under the same scope and cost.

Our task assumes preparation of 1 (one) IP or 1 (one) NWP application package that incorporates identified proposed improvements at the five crossings.

The IP application will be prepared for review by the
applicant and then provided to the USACE via email FTP link and include the following components:

A standard Individual Permit {IP) will be prepared as
impacts exceed standard conditions of the Nationwide
Permit Program. Michael Baker will prepare a submittal
package to the Corps to satisfy the requirements of Section 404 of the Clean Water Act (CWA).

Due to significant Corps staffing limitations, and based on our experience in IP processing, Michael Baker will also prepare the following documents during the IP process. We have found that the processing time is greatly reduced when the following items are provided to the Corps:
• Public Notice: Michael Baker will assist Corps staff in preparing the draft PubLic Notice for the project pursuant to Section 404 (bl (I) of the Clean Water Act. Prior to preparing the Public Notice, Michael Baker will coordinate with the Corps to determine an appropriate notification radius. Following circulation of the Public Notice, Michael Baker will assist the Corps in responding to up to five (5) comments, as each comment letter may contain multiple comments. Additional responses can be provided under an approved task/budget augmentation. • Draft National Policy Act Compliance/NEPA Environmental Assessment (EA): Issuance of a Corps IP is a federal action and therefore triggers NEPA. Michael Baker will prepare the EA that summarizes information about the proposed activities and addresses comments received by the community during the required Public Notice. This proposal assumes one round of comments from the Client and one set from the Corps. This task excludes the preparation of new studies not defined in this scope of work.
404(b)(1) Alternatives Analysis
Section 404(b} (1) of the Clean Water Act requires
preparation of an Alternatives Analysis prior to issuance of an Individual Permit. The analysis focuses on the
projects need for "water dependency," where applicable.

The focus is on each alternative's impact or reduction of impacts to aquatic resources. An Alternatives Analysis
will be completed as required under Section 404(b) (1 l based on engineering/planning alternatives described in the engineering documents, as well as those set forth in the CEQA/NEPA document. Michael Baker assumes up to
three (3 ) alternatives will be evaluated in detail part of the Alternatives Analysis.

The goal of the 404(b)(l) Alternatives Analysis is to
identify possible alternatives that could avoid, minimize, cw::, • [NVELOPE I l tCIINIC.AI. ?ROPOS/\, • PAGE 31
Item 1S - Page 34
CVAG • WESTEnN COACHEl.l./\ VAi.LEY FLOOO ANO BLOWSANO ROAD IMPROVEMENT PROJECT or miti!jate for impacts to wa ters of the US (WoUS)
caused by the proposed action while still accomplishing the primary objectives of the project. The Alternatives Analysis can consider the relative costs of each alternative, logistical constraints, technological practicability, oftsite alternatives, and on-site alternatives. Michael Baker assumes the client will provide any economic data information to include within the alternatives analysis, where required. The components as requ ired by the 404(b) (1) Guidelines, will be included as part of the Alternatives Analysis.

Other Federal Agency Consultation
The proposed improvements are expected to be considered covered activities under the Coachella Valley MSCH P. We understand that any Section 7 and Section 106 consultation will be conducted by Caltrans/FHWA during the CEQA/
NEPA process. We anticipate that documentation of those consultation efforts would be provided to the USACE tor their review and have included up to 8 hours of coordination time to facilitate transfer of documents and answer
questions. Our scope at work does not include formal
Section 7 or Section 106 consultation through the USACE.

Assumptions: This task assumes two (2) rounds at
response to comments on the draft Section 404 application package from the applicant prior to acceptance as final Deliverables: Draft application package (PDF); Final PDF to the Corps and PDF to the Client tor file.

Task 5.5.2: 401 Water Duality Certification
Section 401 of the Clean Water Act (CWA) requires that
any discharge of dredge or fill material into Waters of the U.S., including wetlands, not violate state water quality standards. Water quality certification must be obtained as a condition of Section 404 of the CWA before USACE will issue the 404 NWP. As required by the RWQCB, Michael Baker will submit a request tor pre-application meeting 30 days prior to submittal of the 401 application materials. We will be prepared to discuss the project map, alternatives, proposed mitigation, and best management practices during the
meeting. A written request tor a Section 401 Water Quality Certification will then be submitted to the RWQCB, Colorado River Region. The 401 Water Quality Certificat ion request generally includes the following items:
• A completed application form;
• A detailed project description;
• A description of project impacts;
• A description at best management practices to avoid erosion and sedimentation or discharge of materials into stormwater, both during construction and long-term project operation;
• A discussion of the approvals being obtained from other federal, state, and local agencies
• The project CEQA document (a draft of the document must be submitted for the application to be deemed complete);
• The application fee assessed using the RWQCB Dredge and Fill Fee Michael Baker
INTE~NATIONAL
Calculator (to be assessed by Michael Baker and provided by the applicant).
• Alternatives Analysis as required by the Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State for projects with permanent impacts that exceed 0.1 acre and 100 linear feet of non-wetland waters
Pursuant to the State Permit Streamlining Act, the RWQCB has 30 days following receipt of the 401 application to deem an application complete or request additional information.

Following a determination that the application is complete, the RWQCB has an additional 60 days to issue the 401
Water Quality Certification. Please note that RWQCB is
not permitted to issue the 401 water quality certification until the CEQA document is adopted and the Notice of
Determination is submitted.

Assumptions: This task assumes two (2) rounds of
response to comments on the draft Section 401 application package from the applicant prior to acceptance as final Deliverables: Draft application package (PDF); Final PDF to the RWQCB and PDF to the Client for file
Task 5.5.3: CDFW 1602 Streambed Alteration Agreement
Michael Baker will prepare the SAA application for submittal to CDFW to request authorization to temporary and
permanent impacts to Waters of the State.

The application will be uploaded to the CDFW EPIMS online system. CDFW is a state agency; therefore, under the state Permit Streamlining Act, when the term of the requested agreement is 5 years or less, CDFW has 30 days following receipt of the 1602 application to deem an application
complete or request additional information. Following a determination that the application is complete, CDFW has an additional 60 days to issue the draft 1602 SAA for review/ signature by the applicant.

Assumptions: This task assumes two (2) rounds of
response to comments on the draft Section 1602 application package from the applicant prior to acceptance as final Deliverables: Dra ft application package: Application
uploaded to COFW through the online EPIMS and PDF to the Client for file.

Task 5.5.4: Resource Agency Coordination
Applications will be coordinated with the USACE, RWQCB, and CDFW throughout processing to ensure that any
potential issues are communicated to CVAG and resolved at the earliest possible opportunity. Coordination may include telephone, email, or written correspondence, or meetings with the agencies. This scope of work includes up to 45 hours of agency coordination time, including one site visit with regulatory agency staff and the applicant.

Deliverables: Copies of agency correspondence, including emails, phone log, and meeting minutes associated with the 404, 401 , and 1602 consultations.
• PAGE 32
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CV/\G • WESTERN COACHELLA VALL EV FLOOD AND BLOWSAND ROAO IMPROVEMENT PROJECT TASK 5 . 6 - EN VIR ON ME NTAL TASKS

MANA GEM ENT
Task 5.6.1 Coordination Meetings
Michael Baker's environmental project manager will
develop a regular meeting schedule with CVAG staff to
coordinate on project status and action items throughout the project. It is assumed that these check-in meetings will be conducted via conference call or MS Teams software, which allows us to share our computer screen with participants to collaboratively review documents. It is expected that these meetings will occur monthly, with more frequent
calls necessary during project ramp-up and critical review and comment cycles. As a preliminary estimate, 20 hours of meeting time is included. Additional coordination hours may be authorized by CVAG and will be charged on a time and materials basis. Where possible, these meetings will be held concurrently with the overall design team meetings to save time and budget.

Task 5.6.2 Public Hearings
Michael Baker anticipates attendance at three public
hearings. The environmental project manager, as well
as one technical staff member, will attend these project hearings. In the event that additional meeting time is
required, or that the CVAG would like Michael Baker to
attend additional meetings, Michael Baker can have the
environmental project manager or project director attend meetings on a time and materials basis.

Task 5.6.3 Environmental Tasks Management
This task includes management associated with the
administration of the project, including preparation of progress reports and invoices, update of schedules, and project setup/closeout. Michael Baker assumes project
management and meetings would be conducted on a time
and materials basis. As a preliminary estimate, 40 hours of meeting time is included.

Environmental Assumptions:
• Revisions to the Administrative Oraft EIR/EIS and Screencheck •raft EIR/EIS will be made based upon one (1) round ol consolidated comments from the lead agencies.
• CVAG will be responsible for providing and securing the meeting space lor the Scoping Meeting.

Biological Resources Assumptions:
• Provided within the Biological Tasks.

Transportation Assumptions:
• Additional tasks (traffic operations analysis, traffic counts, conceptual striping layouts, designs, cost estimates, traffic modeling, public meetings and outreach, Planning Commission and City Council Hearings, etc.) are not included in this scope of work but can be accommodated for an additional lee and only if approved by the Client.

Transportation services outlined within the proposal will be performed for a lump sum not-to-exceed lee to be billed monthly on a percent Michael Baker
I NT£RNA T IOIIAL
complete basis.

Cultural Assumptions:
• No archaeological sites or built environment resources are located with the APE that require recordation or evaluation to the National Register of Historic Places or California Register of Historical Resources • An HRER will not be required. Bridge 56C0073 or any road segments will not require evaluation to the National or California Registers. • The field survey will take two archaeologists one day to complete. • If archaeological resources or historic properties are identified within the APE additional studies may be required.
• No monitoring is required at this time.

AQ/GHG/Energy/Noise Assumptions:
• Engineering plans, including limits of construction, staging areas, and borrow/disposal sites, ii needed, will be provided by Michael Baker International at a level of detail sufficient for preparing the technical studies (roadway lanes, topographic information I including changes in topography resulting from the proposed project!, station numbers, and existing structures within 500 feet of the proposed project). • Aerial photograph at a scale suitable for preparation of project mapping, figures, and analyses (1 inch=200 feet scale minimum, with a minimum ol 500 feet shown around any areas of improvement).

Pixel size shall be no more than 2.5 square feet and image shall be orthorectilied.
• Traffic information shall contain 24-hour and hourly traffic counts separated by direction and vehicle classification (autos, medium trucks, heavy trucks) over at least three weekdays, along with AM/ PM peak hour and average daily traffic (AOT) forecast traffic volumes for the existing/baseline condition, as well as the opening year and horizon year build and no-build conditions for roadways affected by the proposed project. In addition, traffic information shall include posted speeds and average travel speeds for identified project alternatives.

Regional vehicle miles traveled (VMT) apportioned into 5-mph speed bins shall be provided for the baseline/existing condition, as well as the opening year build and no-build conditions. The "regional VMT evaluation area" must be large enough to capture the project's traffic redistribution effects.
• AQ/GHG/Energy/Noise technical staff will not be in attendance at public meetings/hearings.
• CAO• files shall be provided in a known coordinate system or projection and attributes shall be provided on discrete layers so that this information can be utilized in GIS.

Task 6 . 0 - Roadway
Preliminary Engineering
Task 6.1 - Roadway Geometrical Approval Drawings (300/o Plans) Michael Baker will develop a conceptual level (30%) street plan and profile showing the proposed roadway section and proposed profile at the new curb and gutter. This will also set the stage for the various structures, and how they will relate to the roadway design. Focus areas at the 30% design stage will be right-of-way impacts, striping proposal, and impacts to private improvements within the future rightof-way or impacted by the construction of the project. 30% plans will include aerial topography, right-of-way (existing Cl/AG • FNVE'I OPF I TFCIINIC.A PROPOSAL • PAGE 33
Item 1S - Page 36
CVAI., • WESTERN COACHELLA VALLF.Y FLOOD ANO Bl.OWSANO ROAD IMPROVEMENT PROJECT and proposed), utilities, bike lanes, typical cross sections and a plan and profile view.

Deliverables: 30Dfo Complete Plans, Preliminary Right-ofWay Requirements Map Final Plans, Specifications and Estimates
Task 6.2 - 60°lo Roadway Plans, Specifications and Estimates Upon review of the Preliminary Geometric Approval
Drawings, Michael Baker will incorporate any comments or changes that are requested as a part of the review process.

The plans will include title cover sheet, demolition plan, typical sections, details, improvement layout, profile, superelevation, cross sections, erosion control plans and Water Quality Management Plan.

MBI shall prepare signing and striping plans showing the affected construction area and all affected traffic stripes and signage in accordance with CA MUTCD and the Local
Agency's requ irements. The plans shall show the location of all proposed traffic stripes, markings, and the proper disposition of all affected existing signs and markings.

Plans will be prepared at l "=40' scale unless specific detail is needed, then an alternative scale may be used.

Specifications for the project shall be written using either "Greenbook" or Caltrans Standard Specifications, or a
combination thereof. Michael Baker will prepare special provisions for the proposed roadway work. Cost estimates will also be prepared and provided in a tabular format.

Anticipated sheets/sheet counts:

INCN7 - DPLMS
Plan /Document N. Indian VRNR2 - Date
Type Canyon Dr. - Varner Palm
A B Road Drive
Title Sheet 1
Key Map 1 1
Design Cross 1 3 1 1 Sections
Street
Improvements 2 5 1 1
Plan and Profile
Construction 1 2 1 1 Details
Grading 2 5 1 1
Erosion Control 2 5 1 1 Plans
Scour &
Grade Control 1 2 1
Structure
Signing & 1 3 1 Striping Plans
Deliverables: 60% Plans, Specifications and Estimates
Michael Baker
INTf~NATIOHAl
Task 6.3 - 95% Roadway Plans, Specifications and Estimates Comments from the 60% roadway design submittal shall be reviewed and resolved. A meeting after the 60% comments have been received and reviewed will be convened with
CVAG and Michael Baker to clarify any comments or design issues. The design team shall incorporate CVAG's comments into the 95% PS&E.

The specifications shall be detailed out to include method of measurement and payment for each item of work.

Quantity Calculations and construction cost estimates
shall be revised based on the revisions, with appropriate contingencies as directed by CVAG. At the 95% completion level, the PS&E shall be considered substantially complete and ready for bid.

Deliverables: 95% Plans, Specifications and Estimates
Task 6.4 - Final Contract Bid Documents
The design team shall incorporate CVAG's review comments of the 95% Roadway PS&E. Should a meeting be necessary
to discuss comments, Michael Baker will facilitate one.

The final plans shall be prepared and plotted on Mylar.

Specification documents, including technical specifications shall be provided electronically to CVAG in both MS Word format as well as in PDF. The Engineer's estimate shall be provided in both MS Excel and PDF formats.

Deliverables: 100% Plans, Specifications and Estimates
Task 7 . 0 Traffic Control
Task 7 .1 - Traffic Control Plans
MBI shall provide construction traffic handling, including traffic control plans tor the roadways affected by the
project construction. Base plans are prepared at l "=40' and are field-reviewed for accuracy. Each plan shall typically show the existing roadway configuration within the limits of work, plus sections beyond the limits where lanes will transition. Locations of advance warning signs are shown schematically. The design, legend, and location of all work area signs, barricades, and necessary additional traffic controls are designated and placed on the plan sheets.

General notes applying to construction traffic control, a plan legend, and plan border information are placed on each project sheet.

Should closure be the proposed methodology to construct the project, Traffic Control plans will include appropriate tables for signage, PCMS messaging and a narrative of the detour description in order to meet the requirements of Caltrans for work along the freeway.

Deliverables: 60% Traffic Control Plans; 95% Traffic
Control Plans; 100% Traffic Control Plans
Task B. 0 - Structural Calculations
and Structural Plans , Specifications
and Estimates {PS&E)
• PAGE 34
Item 1S - Page 37
CVAG • WESTERN COACHELLA VALLEY FLOOO ANO BLOWSANO ROAD IMPROVEMENT PROJECT Baseline structure locations and structure types: The
structures effort for calculations and PS&E development is based on the following baseline structures at each location:
• INCN7 ·A - N. Indian Canyon Or.: Three (3) cells, 5-ft high x 25-ft wide prefabricated arch structures supported on a spread footing or concrete pile cap on drilled piles. The foundation elevation is controlled and protected by scour countermeasures such as concrete lining, rip· rap, or other scour protection measures.
• INCN7·B - N. Indian Canyon Or.: Nine (9) cells, 8'-7"-ft high x 49-ft wide prefabricated arch structures supported on a spread footing or concrete pile cap on drilled piles. The foundation elevation is controlled and protected by scour countermeasures such as concrete lining, rip· rap, or other scour protection measures.
• VRNR2 - Varner Road: One (1) eel~ 5-ft high x 25-ft wide prefabricated arch structures supported on a spread footing or concrete pile cap on drilled piles. The foundation elevation is controlled and protected by scour countermeasures such as concrete lining, rip-rap, or other scour protection measures.
• OPLM5 - Date Palm Drive: Two (2) cells, CIP or Precast Caltrans Standard Plan 1 O' Wide x 8' High Box Culverts
The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. Design for separate bike trail and emergency access structures are not included in this scope of work.

Task 8.1 · Bridge Type Selection.

Michael Baker wilt prepare a Bridge Type Selection Report (TSR) for considering two (2) structure alternatives for each of the baseline structure locations. The Structure Alternatives will include the baseline structure type and an alternative structure type consisting of a cast-in-place (CIP) or precast bridge alternative which may provide a cost benefit with increased span and reduced foundation locations. A single Bridge Type Selection report will be prepared including all four locations, and will present a feasible structure type and cost considering the existing information, bridge constraints, and proposed project
improvements. Michael Baker will review the structure
type proposed from previous studies and evaluate and
confirm the preliminary structure length, width and type, structure depth, railing types, including temporary rails, types of footing supports, falsework, vertical and horizontal clearances and freeboard, location and slopes of cuts and fills, slope paving, approach slabs, and stage construction requirements. Baker will coordinate with the roadway
engineer on roadway issues and document the critical
assumptions controlling the design in the bridge TSR,
including recommendations from the preliminary hydraulics report and preliminary foundation report.

The bridge TSR will include an estimated cost summary
in accordance with guidelines set forth in Caltrans Memo to Designers 1-8 and Caltrans Office of Special Funded
Michael Baker

IN TE RNAT IO NAL
Projects (OSFP) Information and Procedures Guide 3-2.

The structure study wi ll include a bridge General Plan and Foundation plan for each of two alternatives (four total sheets). The General Plan will present plan, elevation and cross-sectional views of the selected bridge type. The
Bridge Type Selection Report will be submitted to the Client for review and authorization to begin final design of the bridge
Deliverables in PDF format:
• Type Selection Report
• General Plan
• Cost Estimate
Task 8.2 - 600/o PS&E
Upon receipt of the Client's written approval of the selected bridge type, Consultant will prepare the 65 percent plans (unchecked details). The level of effort for this sub-task is based on the Baseline structure locations and structure types described in this task. A set of draft plans (unchecked details) will be prepared in Autocad in accordance with the applicable provisions of the following Caltrans manuals:
• Caltrans Bridge Design Details;
• Caltrans Plans Preparation Manual; and
• Caltrans Plans, Specifications, and Estimates (PS&E) Guide Structure calculations will be by a California-registered civil engineer in accordance with the applicable provisions of the following manuals. A complete bound set of design calculations will be prepared and submitted to the Client for review.
• AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications (BOS) with Caltrans Amendments;
• Caltrans Seismic Design Criteria (SOC);
• Caltrans Structure Technical Policy
• Caltrans Bridge Memos to Designers; and
• Caltrans Bridge Design Aids;
The following bridge plan sheets are anticipated:

General Plan 2 1
Typical Section 2
Index to Plan 2 1 Sheet
Foundation Plan 4 1 & Notes
Structural Details 2 I 1 5 ... Headwall Details 4 I 2
Total Sheets: 27 t ...
--- CVAC, • ENvELOPE I Tl'C'-INICAI P10POSAL • PAGE 35
Item 1S - Page 38
CVAG • WESTERN COACHELLA VALLEY Fl 000 ANO DLOWSANO ROAD IMPROVEMENT PROJECT Our subconsultant Contech will prepare additional
structural detail sheets for the CON/SPAN •-series Precast arch and/or Structural Plate Structures at INCN7 and
VRNR2, or the structural arch sheets will be a deferred submittal item lo be prepared by the contractor after
award. Contech will also prepare structural details sheets for precast wingwalls and headwalls at INCN7 and VRNR2
precast arch locations.

Assumptions: This scope does not include effort for design or plans related to retaining walls, which are not anticipated based on the preliminary designs identified in the Flood & Blowsand Risk Assessment and Improvement Plan for
Western Coachella Valley.

Deliverables:
• Unchecked Structural Design Calculations
• Plans (Unchecked Details)
Task 8.3 - Structures Quality Control
A California-registered Michael Baker civil engineer
who is not directly involved in the initial design of the structure will provide a quality review ot the structure plans, specifications, estimate, and calculations tallowing the Michael Baker Quality Management Plan (QMP), or a
project-specific QMP.

The level of ettort for this sub-task is based on the Baseline structure locations and structure types described for this task .

Task 8.4 - 95 °lo PS&E
Michael Baker shall prepare 95% PS&E for review and
approval of the Client. The 95% PS&E shall include 60%
PS& E updated in response to comments from the Client and the bridge independent check.

The Special Provisions tor the roadway and bridge will be based upon Cal trans Standard Special Provisions (SSP's).

Consultant will prepare technical Special Provisions tor bidding to be included by the client in their bid documents.

It is understood the Client will incorporate the Caltrans Standard Specifications and project SSP's into their bid documents (i.e. Notice to Contractors, Instructions to
Bidders, Contractor Forms, etc.) and coordinate the
specifications with any other non-bridge bid items.

Michael Baker will prepare itemized quantity take-oft
calculations and a construction cost estimate for the bridge and roadway construction.

Deliverables:
• Plans
• Bridge Design Calculations
• Independent Check Design Calculations
• Draft Special Provisions
• Itemized Cosl Estimates
Michael Baker

INTERNATION A L
Task 8.5 - 1 OO"fo PS& E
Following the reviews by the Client, agreed-upon revisions shall be made to the 95% PS&E. The specifications, haltsize plans, and other bid documents will be submitted to the Client for final approval.

Deliverables in PDF Format:
• Half-size set of Plans
• Final Special Provisions
• Itemized Cost Estimate
Task 8.6 -Final PS&E
After receipt of final approval, an original set of stamped and signed plans and an engineer's estimate will be
submitted to the Client tor its use in developing bid
documents and soliciting construction bids. The Consultant shall provide the quantity calculations to the Client for use in administering the contract. Once the final plans have been submitted and approved by the Client, specific sheets will be sent to the Client for approval and inclusion in the permanent encroachment permit.

Deliverables in PDF Format:
• Structure Plans stamped and signed and stamped
• Technical Special Provisions
• Engineer's Estimate
Task 9 . 0 Utilities
Task 9 .1 Utility Coordination
Monument's Utility Coordinator will be responsible for
coordinating the identification, relocation, protection, and abandonment of all utilities required by the Project. Sixteen utility owners have been identified by DigAlert as possibly having facilities present in the project area and will have to be addressed:
• AES Wind Generation
• City of Cathedral City
• City of Palm Springs
• Coachella Valley Water District
• Desert Waler Agency
• Frontier
• Kinder Morgan
• Level 3
• MCI (Verizon Business)
• Southern CaUfornia Edison
- Distribution
• Southern California Edison
-Telecom
• Southern California Edison
· Transmission
• Southern California Gas
- Distribution
• Southern California Gas
- Transmission
• Spectrum
• Sprint
Monument's utility coordination activities include the
tallowing:
• Monument will act as the primary point of contact with the utility owners identified on the utility plans.
• Actively participate in POT/ utility focus meetings.
• Prepare the Introductory Request for as-builts notices and obtain all existing utility information, including identification of high-risk utilities (high pressure gas, high voltage, etc.) from the County., utility companies, and agencies that may be impacted by the Project. • Review and verify with the design team which facilities are considered • PAGE 36
Item 1S - Page 39
CVAG • WESTERN COACHELLA VALLEY FLOOD ANO BLOWSAND ROAD IMPROVEMENT PROJECT in conflict.
• Coordinate with the design team with the preparation of the conflict matrix and conflict exhibits needed for each utility company whose facitities are in conflict.
• Meeting with utility companies and other entities to determine their requirements for relocation, protection, and abandonment requirements of utilities required to accommodate the Project and to establish any potential ROW acquisition or easement requirements for utiLily relocations.
• Prepare and send the Relocation Claim Letter lo utility owners who have facilities in confLict.
• Determine Liability for the conflict facilities impacting the project. • Obtain detailed relocation plans from utility owners. • Prepare notices to owners, Utility Agreements, Reports of Investigation, Encroachment Permits and all other applicable documents. • Coordinating the relocation of utilities that CVAG directs to be done prior to Project's construction and during Project's construction.

Assisting in utility portion of the Caltrans ROW Certification Prior to construction, Monument's Utility Coordinator
will work with the design engineers to and coordinate
with utility companies to ensure the relocations are done to meet the Project's schedule. During construction, the Utility Coordinator monitor utility relocation work and meet regularly with design engineers, utility companies, Caltrans, CVAG and other parties to coordinate and ensure that
utility relocation work is being done to meet the Project's schedule.

Task 9.2 UtiUty Potholing
Monument will coordinate the potholing services to
determine horizontal and vertical locations of underground utility facilities in accordance with Caltrans' High Low Risk Policies and Procedures. Monument will work with
Project engineers, survey, positive utility location company and utility companies to perform potholing to verify
underground utilities. Monument and the positive utility location company anticipate that additional potholes could be required due to unforeseen concerns. Monument's utility coordinator will provide coordination and oversight of
positive location of the utility facilities. If the utility owner is conducting the required positive location, Monument will provide required notice to the utility owner and assist in getting any required permits.

Utility and Pothole Assumptions:
• Assumes lhe project will pay for as-built plans or special processing fees if required by the utility owner.
• Assumes 7 utility facilities will be in conflict. Preparation of Notices to Owners to coincide with 7 facilities in conflict.
• Assumes 1 utility agreement will be needed.
• Assumes and estimate of $1,500 per pothole. Includes permit fees, standard traffic management, mobilization costs and required equipment and crew for pothole subcontractor.
• Assumes one mobilization for potholing.
• Assumes no engineered stamped traffic plans are needed.

Michael Baker
I NTERNlT IONAl
• Assumes survey is not included in the price per pothole and will be provided by design.
• Assumes project engineer will identify pothole locations. • Assumes additional potholes will be authorized by project engineer. • Assumes no complex traffic control and traffic calming devices beyond the use of arrow boards, traffic cones and advanced warning signage. • Assumes no removal of location and/or USA markings
• Assumes no special backfill and/or asphalt restoration required. (examples -hot patch asphalt, half-sack slutty, aggregate base backfill.)
• Assumes no ground penetrating radar services required but this can be provided for an additional fee.
• Assumes project engineer will update utility base plan based on information provided from utility companies.
• Assumes project engineering firm will identify/highlight/cloud conflicts to show the utility companies and prepare conflict maps and matrix if needed.
• Assumes project engineer shall provide a Composite Utility Plan exhibiting all existing utilities within the proposed construction area and all utilities affected by the proposed project.
• Assumes project engineer will identify all utility poles and be depicted on the plans including all structure numbers.
• Assumes project engineer will provide utility companies with their required Cad files.
• Assumes that the design for new and relocated utilities will be performed by the respective utility owners.
• Assumes inspection of utility relocation construction, including as necessary as-built survey will be done by others.
• Assumes project engineering firm will review and approve all utility relocation plans.
• Assumes all utitity services meters are acquisition costs and not public utilities, and utility companies will replace the new service to their requirements.
• Assumes all costs and negation efforts associated with the need for utility replacement easements or any additional property rights for the utility owner are not included with in the utility coordination scope and fee.
• Assumes project engineer will provide application and processing services to obtain City meter addresses for any new utility services. • Assumes project engineer will ensure meter relocation work is identified and specified in the contract documents.
• Assumes any traffic signal, intersection and street lighting are a part of the engineer's electrical design plan and not a utility. • Assumes scope does not include any fees associated with the actual relocation of the utility facilities and/or construction management/ inspection.
• Assumes project will be completed after 1 B months from NTP. Should any delays occur to the completion date, Monument may require a change order for additional services.

CVJ\G • FNVFI OPF I TECHNICJ\L PROPOSAL • PAGE 37
Item 1S - Page 40
CVAG • WESTEl!N COACHELLA VALLEY FLOOO ANO BLOWSANO ROAO IMPROVEMENT PROJECT Task 10 . 0 Geotechn i ca l (Eart h
Mechanics)
Based on the RFP and our discussion with Michael Baker
International (Ml:.II), l:.arth Mechanics, Inc. (l:.MI) will provide the geotechnical engineering design services for the following design elements:

1. INCN7-A: Approximately 100 feet long 3-span con/span a-series bridge system (substructure width of each support is less than 100 feet) and approximately 1,440 feet long roadway improvements;

2. INCN7-B: Approximately 4 73 feet long 9-span con/span a-series bridge system (substructure width of each support is less than 100 feet) and approximately 2,440 feet long roadway improvements;

3. VRNR2: Approximately 25 feet long single-span bridge system (substructure width of each support is less than 100 feet) and approximately 595 feet long roadway
improvements; and

4. Date Palm Drive: Approximately 75 feet long 1 O'x8'
double box culvert.

Details of our proposed geotechnical services tor the
project are presented below.

Task 10.1 Preliminary Foundation Report
EMI will prepare a Preliminary Foundation Report (PFR) to provide preliminary geotechnical recommendations for all the structures described above, and this report will assist structural designers in the Type Selection process. This PFR will be prepared using the available subsurface data and the general format will be in accordance with the current Caltrans Guidelines.

Task 10.2 Geotechnical Investigation
Caltrans is enforcing the AASHTO recommendations
of a soil boring at each bridge support locations where substructure width is less than 100 feet; minimum of two borings are required per location where substructure width is greater than 100 feet. Based on this, EM l's geotechnical field investigations plan is presented in Table 1. The
proposed approximate boring depths will be raised it refusal is encountered. Data obtained from some boreholes will be used for multiple design elements.

The boreholes will be excavated using a truck-mounted or track-mounted drilling rig. Asphalt concrete cold-patch will be used to replace asphalt that is removed by excavations, and quick-set cement will be used to replace concrete that is removed by excavations.

Michael Baker

IN T ERN A TIONAL
Proposed Soil Boring Information
. Number of Approx. Design Element Borings Depth (feet) 4 70
INCN7-A
2 20
10 70 INCN7-B
4 30
VRNR2 2 t 70
Date Palm Drive 2 50
EMI will prepare a boring location plan, and this plan will be used to secure encroachment permits from Cities of Palm Springs and Cathedral City. Encroachment permits in the wash will be secured by the MBI environmental team.

EMI field personnel will collect soil samples !or laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface
soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the EM I laboratory.

We will obtain thirty-six (36) representative soil specimens tor scour study (nine samples at each bridge): three at 1,000' upstream of each bridge, three at each bridge
location, and three at 1,000' downstream of each bridge.

Specimen will be collected using a shovel at a depth of about 1 to 2 feet below the channel bottom.

Task 10.3 Laboratory Testing
Field logs of the boreholes will be reviewed to select
representative soil samples for laboratory testing. Various laboratory tests will be performed on soil samples to
determine or derive their physical and engineering
characteristics. Anticipated laboratory tests include: in-situ density and moisture content, grain size, direct shear, UU triaxial, consolidation, R-value, and soil corrosion tests.

Laboratory tests will be conducted in general accordance with American Society for Testing and Materials (ASTM)
standards or California Test methods.

Task 10.4 Geotechnical Engineering Analyses
Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purpose. The following analyses will be performed for the project:
• Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria, and recommendation of ARS curves for bridge structural design.
• PAGE 38
Item 1S - Page 41
CVAG • WESTERN COACHELLA VALLEY FLOOD AND BLOWSANO ROAD IMPROVEMENT PROJECT • Assessment of soil liquefaction potential, seismic settlement, and lateral spreading.
• Foundation analysis for bridges and 1 O'xB' double box culvert • Assessment of global slope stability.
• Evaluation of soil corrosivity conditions and recommendations for mitigation measures.
• Design of pavement structural section in accordance with the Cattrans method.

REPORT PREPARATION
EMI will prepare a Geotechnical Report to provide the
geotechnical design and construction recommendations
for bridges, l O'xB' double box culvert, embankments,
and pavement structural sections. EM I will address any comments resulting from the Coachella Valley Association of Governments (CVAG) review and prepare a final
Geotechnical Report.

Task 11 . 0 - Post Design Services
Task 11.1 Services during Bidding
The Client will complete the bid documents, advertise the project for bidding and distribute the plans to prospective bidders. The Client's project coordinator will be the
designated person to receive contractor inquiries. Michael Baker's project manager and project staff will assist the Client as requested during the bidding. The work may
include answering questions, providing consultation and interpretation of the construction documents, and assisting the Client in preparation of addenda to the PS&E during the

2.3.4 Schedule and Deadlines
advertisement period. Attending pre-construction meetings or bid opening and analysis of bids will also be provided.

Task 11.2 Construction Services
Michael Baker's project manager and project staff will be available to assist the Client during construction. A budget amount has been prepared to provide a minimal amount of construction services. This budget may require adjustment depending on the level of Consultant involvement requested during construction. Upon written request by the Client, the Consultant shall provide the following construction support services.
• Prepare a Resident Engineer's Pending Fite consisting of information including 40-scale drawing and special instructions critical to the proper construction of the project.
• Review shop drawings for general conformance to design intent as shown on the Project plans. Review of rebar shop drawings, material specifications and concrete mix designs will be the responsibility of Resident Engineer and is excluded from Michael Baker scope of work for construction support.
• Assist the Client during construction by responding to Request for Information (RFI), clarifying drawings, and generally assisting the Client to ensure that the project is constructed in accordance with the plans and specifications.
• Perform up lo 3 site visits during construction as requested by the Client.
• Provide advice and technical support for construction change orders.

Michael Baker

INTEINAT IO NAL

WESTERN COACHELLA VALLEY FLOOD AND

BLOWSAND ROAD IMPROVEMENT PROJECT,

PHASE ONE
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Michael Baker

INTERNATIONA L
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Item 1S - Page 42
CVAG-22-024
EXHIBIT "B"

AGENCY REIMBURSEMENT AGREEMENT

BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS

COST ESTIMATES
FOR
Design and Engineering of Indian Canyon Drive Road and Bridge Improvements Project from Sunrise Parkway to Palm Station Road.

The total estimated cost of the Project is $2,695,490.73. CVAG agrees to pay 75% of the qualified project costs estimated as not-to-exceed $2,021 ,618.05.

The City of Palm Springs agrees to pay no more than $673,872.68, which represents 25% of the qualified project costs beginning October 1, 2022. Payments may be billed retroactively for services rendered, properly invoiced, and paid by CVAG.

See attached cost document from Michael Baker International Item 1S - Page 43
ENVELOPE #2 • PR I CE ANO COS T PROPOSAL

WESTERN COACHELLA VALLEY

FLOOD AND BLOWSAND

ROAD IMPROVEMENT PROJECT

SUBMITTED TO
Coachella Valley Assoc1at1on ol Go~ernments
73 710 F1ed Waring 011ve, So,le 200
Palm Desert, CA 92236
AUGUST 16, 2022

SUBMITTED BY
@brr§ffiffl@:tfl§ I We Moke o Difference INTIIIHA1'10NA L Item 1S - Page 44
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local Assistance Procedures Manual
EXHIBIT lD-111 COST PROPOSAL IP•c• 1 or >I
AQVAl CQU-PlVHfltfl) UE Ofll ~ (FU•M FIX[O PftlQ) CONTRACTS (OCSIGN, ENGINEERING AND ENVIRONMENTAL STUOICS)
EXHIBIT 10-H1
Cost Proposal
0 Prime COl'~t•nt O Subconwh.at1t O lnd Tier Subconsu tant Consultwit
ProiKt No .

Mkh..wl Bllo•r lflh!ll\iohonal, Int.

C\/AG ContrM:t No. TBD
----- O.ufflcatlon/Tltle Name
Proittl Mana.Ht/ Conu-aa M~nu:er Latino. Steven· P£ TC
-ct Pnncloal A1Dl!n11 ChrlstnnnH' PU
CWQC Bfletltchn T1m1:1· Pf
cwac Mwttke lfad• PE
Enwtronmen~ M1n1•er TonK £ddf
TltChnlail ManaaH Ch~doo Mulahld PE
TIIChnklf Man.t.ur H,rdtn, Chad· PE SE
Awsunt Pro.I.a Manau, Peti(o ICevln· Pf ENV SP
T.-dvlkal Mana.au Hernandez Ocnvlo· P[
T~Mana&ft' &omYiw MMuret
EtMronment·11 Manaur Na~,, 0
Technfu.l Mana11tr Tr11n, Frar.k, PE
-~~ WHftf, Wo1dr, PlS
Technical Soecialilt Giffen Str.oen; PE
Prolec:tMananr 11/Hc, Shel,h
TedWcat Man~r Dlettkti caria; PE PTO(
Tatac. LHd-Envfranmental ff, EJIUibeth
Tedv,kal M;anaatt Salu. Tony; PE
«.....-.MilnNe, Chkk.Loran· RU
Tnk Wd-HvnrnllWV & Hvdr1ulk.1 PilMr Todd· PE QS/J/P
Su..__.PartvChlel Chi, Strven; PlS
-- IUwrl. Jaime
~·-- Gonialt:z. Oscar
CMtAuodat• MurQlo IOmfltt· UT
CMI AUO<late p~ Oan/elle·Err
~e:Le.ad 1 n~ Brad,PE
Proiect M~1:er ~rca Pe--Q
Surface Wat.r ,....,...ilbt 1,ns. Nora
Ovt!Assomt.e Prim, Diln
Ovll Ailodille Tun1. Dorothv
Senk>r Struauru Enalnfft ffl Jelika
StNctural E....,._, fu,nc:r kvle
Aubt~t Structutal En•lnHr Lo.a no Andres
Senior OM»nar UmRaAQ / GHG I £nerrv Nolff Chtn, Zhe
tnwonment-' Soedallst Shlnlah OuVl,n
[nWonmentaf .i, .. Yuan Yillnt.

Gr.ahtc: Art.In c...-o Junette
TKhnlc:al~a•er Mnvau Peter
n•HV GonialH.Allda
Senior EnYlronmMla! Spe:dlllst Glnson Renee
- Chr{stie David
Pbnner Perine Krill•
Traffic Plilnne.r Sw,mJacot,
Assistant Traffic PlanMr l1Di1 Alu
Cultfl Pro.lect Manaae, Beh«rc Marc
Wtural Kim Monte
Cultural vanReru.seln, Ma.
~dArch11oiollst Yoon,:. Male.el
GIT Peru Jon
Edtto, Cothaim Ml
a:-.1-i.-, lead Popp,Art
B<Nn,ust Millln,:io,, Tom
D•te 8/16/2022
-. .,. ........ ,,. Totol
1,222 s l6 s m s m s ,. s
"" s 500 s 727 s n s 160 s 15 s 520 s .. s 110 s 277 s 104 190 s ' ..
,. s 492
U2 ' $
...
... ' s ,., s 114 s m s 120 s 370 s 1140 $
&20 s ... s 357 s 110 s ... s 41 s 405 s 110 ' •o s 58
$8 ' s 300 s ... $
UI s 104
312 ' s 30
30 s ' 10 $
39 s )9 s 40 s 70 < 620 s
.... 101.16 s W61752
1ll,19 s •,100.04
ll9.J7 s V 532..44
Ill.JI s 13,122.74
106.96 s 144984

99.l.4 s 1517L40

92.40 s .. , 200.00

16.66 s 63001.82

16.20 s 6.292.60
ll.2S s ll,000.D0

10.00 s l.l00.00
76,54 s 39,800.IO

75.00 s l.050.00

74.Jl s 23 782.40

72.10 s 2D 165.60

71.71 s 14S1M

61.lO s ll 977.00

65.61 s 5.51U•

65.00 s l 56000
6l51 s 11211.36
S&.01 s 6497.12

46.00 . S 41 216.00

44.17, ~ 39 516.32

43.00 s 19,436.00
43,00 s 35 001.00

99.116 s Ll,07S..92

11.91 s 9 829.20

55.24 s 20411.80

46.25 s 52 725.00

49.21 $ lOSSl.60

77.43 s 53 349.27

69.SS s 24 129.35

47.03 s IA65,40

60.99 s 59.031.32
SJ 02 s 2 17l.12
so.so s 20452.50

32.84 s 3,612.40

47.12 s 1884.BO
110.SI s 6,413.~
SlAl $ 3,333.26

52.<JJ s 15 609.00
'1.59 s 18,965.04

34.00 s 7 752.00
SOM s 5145.76
40,ll IS 11579.M

57.70 s 1 731.00
Sl.66 s l ,7S9.80

36.00 I < 2 880.00 ,..,. s l 023.75
49,00 s 1911.00

35.05 'S 1 402.00

13.50 s S 14S.OO
'9.00 s 36 580.00

Page 1 of 20 ends

Palm Springs City CouncilDecember 14, 2023

Palm Springs City Council
December 14, 2023