Agenda packet — Palm Springs City Council, February 29, 2024 (part 4 of 5)

(Revised 05/16/19)
Item 1Q - Page 14

7. Owners/Investors with a 5% beneficial interest in the Annlicant Entitv or a related entitv

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
fu-1:1.~~ (lh_ou [name of ower/investor]
s-o ·t , @i,.o~IP!11etl -r:ect-ir1_<J[D~/1'J, l
[percentage of~cial interest in entty
and name of entitv]
B.

Gtirau (/4otA r;D 1. , &-to >?J?~~ I -r;, ,; ,, ""lo~ 1-r.r, [name of owner/investor] [percentage of blmeficial interest in entity and name of entitv)
C.
. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
, Printed Name, Title Date / / 1-3 6 ;?Al z,)

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

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CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE,
RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16-08, MAIN LIBRARY RENOVATIONS, AND 19-18, JC FREY BUILDING REHABILITATION
FROM: Scott C. Stiles, City Manager
BY: Library and Engineering Services Department
SUMMARY:

Approval of Amendment No. 1 to the Professional Services Agreement with Group 4 Architecture, Research + Planning, Inc. for Palm Springs Public Library Renovation Projects 16-08, Main Library Renovations, and 19-18, JC Frey Building Rehabilitation, will allow for remaining architectural and engineering work related to design development, construction documents, bidding, and construction administration. The total cost for additional services is not to exceed $1,197,200.

RECOMMENDATION:

1. Approve Amendment No. 1 to the Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide architectural design services for an amount not to exceed $1,197,200.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Conflict of Interest and Non-Discrimination Certification and Public Integrity Disclosure form (Attachment A) submitted on May 3, 2023, Group 4 Architecture, Research + Planning, Inc., is a corporation registered in the State of California.

Item 1R - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Amendment 1 to PSA with Group 4 – Library Renovation
BACKGROUND:

On September 14, 2023, City Council approved Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. for Phase 1 architectural and design services for an amount not to exceed $1,838,898. Based on the agreement, Group 4 Architecture, Research + Planning, Inc. was to provide architectural design services for the grant-funded portion of the Main Library and work on the JC Frey Building, and programming and estimating for all the non-grant funded work.

On January 11, 2024, the City Council approved the additional Scope of Work for the Library renovation project requiring an amendment to the Professional Services Agreement No. 23Q183.

STAFF ANALYSIS:

Group 4 Architecture continues to work on the approved scope of work for the project.

However, to start working on the additional Scope of Work approved by the City Council on January 11, 2024, an amendment to Professional Services Agreement No. 23Q183 is required. Group 4 Architecture has prepared an additional services request (Attachment B) with an additional cost of $1,197,200. Staff has reviewed the additional services request and is requesting approval of Amendment 1 to Professional Services Agreement No. 23Q183 (Attachment C).

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 consider a “Project.” However, future phases of this project may require CEQA actions.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A, Improve City Facilities.

FISCAL IMPACT:

Sufficient funds have been budgeted and are available to cover the additional costs of Amendment No. 1 in Fund 260, the Measure “J” Fund.

Item 1R - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Amendment 1 to PSA with Group 4 – Library Renovation
REVIEWED BY:

City Engineer: Joel Montalvo
Library Department Director: Jeannie Kays
Deputy City Manager: Flinn Fagg
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Additional Services Request
C. Amendment No. 1 to Professional Services Agreement 23Q183 Item 1R - Page 3

ATTACHMENT A
Item 1R - Page 4
53 GROUP 4 ARCHITECTURE E. FORMS
Item 1R - Page 5

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Group 4 Architecture, Research + Planning, Inc
Address of Entity (Principal Place of Business)
211 Linden Ave South San Francisco, CA 94080
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
12\j Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
A. 25.91%
Dawn Merkes Group 4 Architecture, Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B. 25.00%
David Schnee Group 4 Architecture, Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C. 21.36%
Jonathan Hartman Group 4 Architecture, Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D. 15.46%
Andrea Gifford Group 4 Architecture, Research + Planning, Inc - [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E. 5.46%
Jill Eyres Group 4 Architecture, Research + Planning, Inc [name of owner/investor) [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
- ~ D:;}? ~;,r;_ame, Title
Date
s-j~:2,£ Rosan?J;£n, Controller
_ :::,.

ATTACHMENT B
Item 1R - Page 7
Revised: 12.1.2021 1
55575.18165\32900157.2

PROFESSIONAL SERVICES AGREEMENT

PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES
SCOPE OF ADDITIONAL SERVICES ASR 01

1.1 Background:

A. On January 11, 2024, City Council approved moving forward with a Phase II expanded scope of the project and directed City staff to develop a funding plan to bring back to Council, and authorized City staff to negotiate Additional Services with the consultant team to provide the additional design services for the expanded scope.

B. At the time of executing the prime agreement between the City and the Consultant the projected Construction Cost for the Main Library Renovation and JC Frey renovation and limited site work combined was $11,520,000. As presented to Council, the revised projected Construction cost including non-grant funded renovation scope, site work, FFE, and technology is approximately $27,777,656.

C. This ASR adds the following services that will be provided by the Consultant in parallel to the Basic Services of Phase I that will remain in place.

1.2 SCOPE OF ASR 01 SERVICES: The general scope of work for the design services is as follows:

A. JC Frey Building rehabilitation and renovation (Phase II work)

1. Design replacement porch screening element.

B. Main Library (Phase II work)

1. Provide Phase 2 Design Development through Phase 6 Closeout services for the following additional scope:
a. Additional security gates for additional entrances
b. Archival storage space
c. Art space-gallery space with lighting
d. Art wall in exterior public patio space
e. Café (excluded from ASR 01)
f. Carpet
g. Children’s patio
h. Exterior Paint
i. Fixtures (Service desks, counters, cabinetry, kiosks, display furniture, mobile shelving)
j. Flexible Office space-community organization outreach or services, nonprofit support offices
Item 1R - Page 8
Revised: 12.1.2021 2
55575.18165\32900157.2
k. Friends of the Library Book Sale space
l. Infrastructure upgrades required for project but not allowed/included in grant m. Interior Paint
n. Koi Pond replacement
o. Landscaping
p. LED Sign upgrade
q. Library Furniture
r. More storage
s. New 350-seat event center- which would be an addition or annex adjacent to the existing building (excluded from ASR01 except the site design to the north of the library will be done to permit future construction of an event center here with limited removal of new work.)
t. Outdoor lighting on building
u. Outdoor use spaces-public patios with seating
v. Parking Lot Expansion
w. Perimeter sidewalk lighting upgrades
x. Private meeting/study rooms
y. Scalable Classroom/maker space/meeting rooms
z. Steel book shelving and end panels
aa. Low Voltage Infrastructure including: structured-cabling upgrades, computers, AV, PA system, screens, sound, exterior /Site security/CCTV, (excluding servers and library public and staff devices) bb. Window coverings for climate and light control

1. Modifications to courtyard walls/MEP & trash enclosures

2. New skylights or other exterior modifications that may be achieved within current project budget.

3. Comprehensive interior and exterior signage

4. Supplemental shade structures in courtyards

5. Supplemental Civil Engineering Scope:
a. Site Drainage and storm water design
b. Preliminary Water Quality Management Plan
Item 1R - Page 9
Revised: 12.1.2021 3
55575.18165\32900157.2
c. Hydrology and Hydraulics report
d. Limited coordination with other City consultant preparing a Sunrise Park master plan.

6. Supplemental landscape architecture services:
a. Children’s patio
b. Landscaping, irrigation, hardscape and paving, seat walls. c. Landscape architect participation in 2 City Council meetings, Park Master Plan coordination meetings, and 2 Project Steering Committee meetings.

7. Supplemental Structural Engineering Scope:
a. Structural design for freestanding study rooms
b. Structural design for courtyard/enclosure wall modifications c. Structural design for landscape features, lighting foundations d. Structural design for supplemental shade structures in courtyard(s).

8. Limited Historic Resource services:
a. Review of Main Library and site plans for historic considerations b. Up to 2 meetings with City Planning department.
c. Up to 2 meetings with City Historic Structure Preservation Board (HSPB) or other body.

9. Supplemental Stakeholder and Community Engagement in Design Development includes the following activities and reimbursable expenses:

Basic Services in DD ASR 01 additions Total during DD
PMT: Up to six (6) No change Up to six (6)
Online Survey: Add
One (1)
Online Survey
Evening Community
Meeting and Open
House Add One (1)
One (1)
Project Steering
Committee Meetings:

One (1)
Add One (1) Two (2)
Item 1R - Page 10
Revised: 12.1.2021 4
55575.18165\32900157.2
Basic Services in DD ASR 01 additions Total during DD
Council Meetings: Add
Two (2) City
Two (2)
Integrated Design
Workshop: one (1)
No change One (1)
Technical meetings: Up
to five (5) with Library
Staff, Building and
Planning, Fire, Police
and Public Works
department staff
No change Up to five (5)
Trips: The engagement
activities of this Phase
include a total of up to
Five (5) Person trips of
the architect.

Add Six (5) Ten (10)

1.3 Deliverables:

The work flow and work products of ASR 01 shall be done as an integrated effort single package with Basic Services. Early or separate design, bid and construction packages are not included in Basic Services or ASR 01 Services.

1.4 Grant Funding Coordination:

Costs for grant funded services and design work will be tracked separately to support City in fulfilling grant reporting requirements. All reasonable efforts consistent w

1.5 Schedule:

Design work for Phase II ASR 01 will be done concurrently with Basic Services Scope A:

JC Frey Building and Scope: B1. Main Library – All Grant Funded Infrastructure. Design Development will commence upon Notice to Proceed and shall have a duration of four months. Construction Document Phase shall begin upon completion of Design Development and City comments shall be prepared concurrently and due within two weeks from start of CDs. CD phase shall have a four month duration until permit submittal. Back check revisions shall target one month duration.

1.6 Compensation:

Compensation for ASR 01 shall be a stipulated sum of One Million, One Hundred NinetySeven Two Hundred Dollars ($1,197,200.00) This will be invoiced monthly on a percent complete basis according to the following breakdown:

Phase 2: DD $ 320,545.00
Phase 3: CD + Permit $ 438,352.00
Phase 4: Bidding $ 60,223.00
Phase 5: Construction Support $ 322,822.00
Phase 6: Closeout $ 55,258.00
Total Basic Services $ 1,197,200.00
END ASR 01
Item 1R - Page 11

ATTACHMENT C
Item 1R - Page 12

Page 1 of 3 ends

Revised: 10.31.23
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT 23Q183

BETWEEN THE CITY PALM SPRINGS AND
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.

1. Parties and Date.

This Amendment No. 1 to the Professional Services Agreement 23Q183 made and entered into as of this 29th day of February 2024, by and between the City of Palm Springs (“City”) and Group 4 Architecture, Research + Planning, Inc., a California corporation with its principal place of business at 211 Linden Avenue, South San Francisco, CA 94080 (“Consultant”}. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement 23Q183, Palm Springs Public Library Renovation Design Services” dated September 18, 2023 (“Agreement”) for the purpose of retaining the services of Consultant to provide Design Services for an amount of $1,838,898 and a term of September 18, 2023 to September 17, 2026.

2.2 Amendment. The City and Consultant desire to amend the Agreement to provide additional design services for the library renovation.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2.3 Changes in Scope of the Agreement.

3. Terms.

3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended as follows:

Exhibit “A” is hereby amended to include the additional scope of services “ASR 01” attached hereto and incorporated herein by reference.

3.2 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows:

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Phase I compensation shall not exceed $1,838,898, except as may be provided under Section 1.8. Phase II compensation shall not exceed $1,197,200, except as may be provided under Section 1.8. The total compensation for Phase I and Phase II is $3,036,098 (“Maximum Contract Amount”. The method of compensation shall be as set forth in Exhibit “B.” Item 1R - Page 13

Page 2 of 3 ends

Revised: 10.31.23
Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. If the City’s Maximum Contract Amount is reached before the Consultant’s Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

Exhibit “B” is hereby amended to include Section 1.6 Compensation noted in “ASR 01” attached hereto and incorporated herein by reference.

3.3 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.

3.3 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.

3.4 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.

3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1R - Page 14

Page 3 of 3 ends

Revised: 10.31.23

SIGNATURE PAGE TO AMENDMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.

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

CONSULTANT:

By: _______________________________________ By: _________________________________________ Signature Signature
David Schnee, Principal Jonathan Hartman, Principal
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ 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 1R - Page 15

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE TASK ORDER NO. 8 TO VEOLIA WATER WEST
OPERATING SERVICES, INC. AGREEMENT A6804, IN THE AMOUNT OF $16,135.59 FOR THE BARISTO ROAD SEWER PIPE SEGMENT,
CITY PROJECT 22-41
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Approve Task Order No. 8 in the amount of $16,135.59 for additional work to complete the Baristo Road Sewer Pipe Segment, City Project No. 22-41.

RECOMMENDATION:

1. Approve Task Order No. 8 in the amount of $16,135.59 to Agreement A6804 with Veolia Water West Operating Services, Inc. for the Baristo Road Sewer Pipe Segment, City Project No. 22-41 (“Project”).

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

3. Appropriate $16,135.59 from the Wastewater Fund balance.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form from Veolia Water West Operating Services, Inc. is included as Attachment A.

BACKGROUND:

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

As part of their routine inspection of the City’s sewer collection system, Veolia discovered the existing sewer mainline in Baristo Road had deteriorated beginning at the intersection of Cerritos Drive and going easterly for approximately 582 feet, just west of the Camelot Theater parking lot entrance.

Item 1S - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Approve Task Order 8 for Veolia CP 22-42
On November 28, 2022, City Council approved a Notice to Proceed to Veolia for the Baristo Road sewer mainline repairs. Rather than replace approximately 582 feet of pipe via conventional open trenching, Veolia recommended to use trenchless pipe coating methods to minimize construction time and impacts to traffic, providing a significant construction cost savings, and allowing the sewer to be functional immediately after lining. A contractor specializing in pipe coating technologies was hired and work immediately began to get ahead of future pipe deterioration.

STAFF ANALYSIS:

On April 12, 2023, the Baristo Road sewer mainline repairs were completed, however, Veolia noticed gaps between the newly lined pipe and some of the laterals. The surface of the pipe had deteriorated significantly around the connection to the sanitary sewer, leading to an unanticipated gap that caused drainage issues into the main line. To address this unforeseen problem, grouting was added to a total of five customer laterals to ensure the proper conveyance of sewage into the sanitary sewer, as per the original design. Staff is recommending approval of Task Order No. 8. A copy of the proposed work is included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Baristo Road Sewer Pipe Segment, City Project No. 22-41, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 2A, improve City Facilities.

FISCAL IMPACT:

There is sufficient funding in the Wastewater fund balance to cover the appropriation for the task order.

REVIEWED BY:

City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1S - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Approve Task Order 8 for Veolia CP 22-42
ATTACHMENTS:

A. Public Integrity Disclosure Form – Veolia Water West Operating Services B. Proposal from Veolia Water West Operating Services
Item 1S - Page 3
Attachment A
Item 1S - Page 4
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

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

Page 2 of 2 ends

(Revised 09 13.18)

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

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

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

ATTACHMENT B
Item 1S - Page 8
January 10, 2024
Andrew Crider, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Regarding: Capital Project for pipe segment F10001-G10011 on Baristo Road Sewer main Dear Mr. Crider,
The purpose of this letter is to request a change order for additional work needed to complete the CP 22-41, Baristo Road Sewer Pipe (PO 2300704) which was completed in 2023. Upon completion Veolia noticed gaps between the newly lined pipe after completion. The surface of the pipe had deteriorated significantly around the connection to the sanitary sewer, leading to an unanticipated gap that caused an unexpected issue. Consequently, the existing customer laterals were situated behind the newly lined pipe, making it difficult for the customers' wastewater to be conveyed into the sanitary sewer. To address this unforeseen problem, grouting was added to a total of five customer laterals to ensure the proper conveyance of sewage into the sanitary sewer, as per the original design.

Please see the attached invoice.

Reference Section 5.3 Capital Projects form our Wastewater Services Agreement dated November 4, 2015 with the City of Palm
Vendor Additional Amount 15% Markup Veolia Total
Tunnelworks Inc. $14, 030.95 $2,104.64 $16,135.59
Section 5.3 Capital Projects from Wastewater Services Agreement dated November 4, 2015 states, in part:

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

G)veouA
Item 1S - Page 9
(e) Notice. Veolia shall provide to City notice of any Needed Capital Project or Desirable Capital Project. Veolia's notice shall state the category of Capital Project, as set forth at Section 5.3(a) above and whether the basis for the Capital Project is as a result of a Change of Law, an Uncontrollable Circumstance, an actual or anticipated change in Influent volumes and demands on the Managed Assets (and identify the specific asset affected), repeated occurrences of Influent in volumes or concentrations that exceeds the Influent Specifications or to improve the efficiency, performance or reliability of the Managed Assets. Veolia shall further provide City with a budget itemizing the anticipated costs of performing the Capital Project.

Ifyou require any further information, please contact me at the facility. Sincerely; Jose Lozano
Collections Systems Manager
Veolia Water West Operating Services, Inc./ Palm Springs Enclosure:

Invoice
Cc: Douglas Loar, Project Manager
G)veouA
Item 1S - Page 10

Page 1 of 1 ends

Tunnelworks Services Inc.
13502 H Whittier Blvd. Suite 165
Whittier, CA 90605
(562)201-4036
[email protected]

INVOICE

BILL TO
Jose Lozano
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
INVOICE 1974
DATE 04/13/2023
TERMS Net 30
DUE DATE 05/13/2023

ACTIVITY QTY RATE AMOUNT
Project Name: Baristo Road Emergency Repair
City of Palm Springs
Extra Work - 4/10/2023
Sales
EW#1- Grout 5 lateral connections pipe entry
1 14,030.95 14,030.95
BALANCE DUE $14,030.95
CC1V l1spect111 / Trenc:•1ess Pl,11111 U•V Sllc:donal Repair Item 1S - Page 11
Project Name: Palm Springs File No.: 4526 Date: 4/13/2023 Contractor: Tunnelworks Services Inc. Foreman: Willie Duarte Weather: Clear Item# Description Unit
Equip # Description Hours Hourly Rate Ext. Amount Emp. # Employee Name Hours Hourly Rate Ext. Amount CCTV Inspection Van 8 $ 140.00 $1,120.00 Group 4 Labor Rates Vactor Truck 8 $ 150.00 $1,200.00 Art Bustillo 8 $77.64 $621.12 Steakbed Truck 8 $ 110.00 $880.00 Shawn Carter 8 $77.64 $621.12 Support Truck 8 $ 65.00 $520.00 Andrew Widmark 8 $77.64 $621.12 Derrick Ho 8 $77.64 $621.12
Lorenzo Lauria 8 $77.64 $621.12
Group 4 Labor Rates -OT
Art Bustillo 0
Shawn Carter 2.5 $116.44 $291.10
$3,720.00 Andrew Widmark 5.5 $116.44 $640.42
Derrick Ho 5.5 $116.44 $640.42
Unit Unit Cost Ext. Amount Lorenzo Lauria 5.5 $116.44 $640.42 Sika Grout - Material 2 $ 125.00 $ 250.00 $5,317.96
Traffic Control 1 $ 140.00 $ 140.00
Bypass Rental Daily 1 $ 2,291.40 $ 2,291.40 $125.00
$450.00
$5,892.96
$2,681.40 $1,178.59
$3,720.00
$558.00
4/13/2023 Sub Work $2,681.40
Date $14,030.95
DailyWorkReport.xks New(2/22/02)
Jeff Rubio TOTAL COST OF EQUIPMENT
+ 15% Markup on equipment
Contractor Foreman Date Reviewed By TOTAL COST
Subsistence @ $25.00 per day per person
Travel Expense - Hotel
Other:

TOTAL COST OF LABOR
SUBTOTAL COST OF MATERIALS AND WORK + 20% Markup on labor

EQUIPMENT LABOR

SUBTOTAL COST OF EQUIPMENT
MATERIAL and/or WORK done by specialists
Description

SUBTOTAL COST OF LABOR
Group 4 Labor
Laterals had a gap between eroded pipe & newly lined pipe Had to Man Enter 24-inch pipe to Hand apply Sika Grout inside each lateral connection.

Extra Day to perform this work included pump watch, rental & traffic control. 4/10/2023
Setup to Grout 5 Lateral Connections
EW#1

CONTRACT WORK PERFORMED DIARY AND REMARKS
Survey Station New and Unforeseen Work [ ] None [ x ] Yes, describe Backup
Item 1S - Page 12

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: AWARD OF CONTRACTS AND AGREEMENTS FOR THE 2024 PAVEMENT REHABILITATION PROJECT (CITY PROJECT NO. 24-01) INCLUDING

APPROVAL OF A CONSTRUCTION CONTRACT TO MATICH

CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $8,799,456; APPROVAL OF A TASK ORDER UNDER ON-CALL
AGREEMENT NO. A8566 WITH DUDEK INC., IN AN AMOUNT NOT TO EXCEED $215,000 FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES; AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $15,410 TO

PROVIDE COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Approval of this item will award a contract to Matich Corporation for the construction of the 2024 Pavement Rehabilitation, City Project 24-01, including approval of associated agreements for construction management services and community workforce agreement administration.

RECOMMENDATION:

1. Award a construction contract to Matich Corporation in the amount of $8,799,456 for the 2024 Pavement Rehabilitation, City Project 24-01(“Project”);

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $260,000 with all change orders reported to the City Council;

3. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Dudek Inc., in an amount not to exceed $215,000;

4. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $15,410; and

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

Item 1T - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Award 2024 Pavement Rehabilitation Project, CP 24-01
BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure forms for Matich Corporation, Dudek Inc., and The Solis Group are included as Attachment A.

BACKGROUND:

On June 29, 2023, the City Council reviewed and approved the Final Report for the City of Palm Springs Pavement Management Program 2023 Update. The 2023 Update reassessed the condition of all city streets and identified and characterized different types of failures of each street segment in order to determine an overall Pavement Condition Index (PCI). The PCI is rated from 100 (perfect condition/new) to 0 (worst condition). Specific ranges of PCI ratings are given a letter grade and an associated condition, as shown in Table 1.

Table 1
PCI Range Grade Condition Description
90-100 A Good Little or no distress.
70-89 B Satisfactory
Little or no distress, with the exception of utility
patches in good condition, or minor to moderate
hairline cracks; lightly weathered.
50-69 C Fair Light to moderate weathering, light load-related base failure, moderate linear cracking.
25-49 D Poor Moderate to severe weathering, moderate levels of base failure, moderate to heavy linear cracking.
0-24 E Very Poor
Extensive weathering, moderate to heavy base
failure, failed patches, extensive network of
moderate to heavy linear cracking.

All streets require regular maintenance to improve the condition and extend the life of the pavement, with the type of maintenance dictated by the PCI index. The following table lists the various typical maintenance treatment applied per Condition/PCI range. See Table 2 below.

Table 2
Condition Grade PCI Range Typical Maintenance Treatment Good A 90-100 • Do nothing
Satisfactory B 70-89 • Slurry Seal & Crack Seal
Fair C • Edge Grind and 2" Overlay 60-69
50-59
Poor D 25-49 • AC (Asphalt/Concrete) Surface Reconstruction Very Poor E 0-24 • Full Depth AC and Base Reconstruction • Reconstruction Structure (PCC)
Item 1T - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Award 2024 Pavement Rehabilitation Project, CP 24-01
STAFF ANALYSIS:

On December 14, 2023, City Council approved the plans, specifications, and estimates (PS&E) for the proposed street paving project. The previous pavement projects primarily focused on residential streets, whereas this Project will incorporate more arterials and collectors. The Project will include approximately 1.84 million square feet of pavement rehabilitation and associated utility/monument cover adjustments. As part of the street reconstruction, any curb ramps adjacent to the streets selected for complete AC surface reconstruction will be brought up to current Americans with Disabilities Act (ADA) standards.

Where there are gaps in arterial segments due to Desert Water Agency or upcoming City Capital Projects, these segments will be striped to enhance lane visibility and pedestrian crosswalks.

This Project was advertised for bidding in the Desert Sun, industry plan rooms and the PlanetBids electronic bid system on December 27, 2023. The estimated cost was $9,000,000. On Thursday, January 25, 2024, three bids were received:

Company Location Bid Amount
Matich Corporation Cabazon, CA $ 8,799,456.00
Granite Construction Co. Indio, CA $ 9,881,889.00
All American Asphalt Corona, CA $12,358,187.30
Note: The engineer’s estimate for the Project was $9,000,000 Project Labor Agreement (PLA)
This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost.

Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. Matich Corporation has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis
The bid documents submitted were reviewed and it was determined that Matich Corporation complied with the instructions to bidders and has submitted the lowest responsive and responsible bid at $8,799,456. It is recommended that the Project be awarded to Matich.

The proposed agreement is included as Attachment C.

Item 1T - Page 3
City Council Staff Report
February 29, 2024 -- Page 4
Award 2024 Pavement Rehabilitation Project, CP 24-01
Request for Proposals for Construction Management Services Staff issued a Request for Proposals (RFP) for Construction Management (CM) and Inspection services to their on-call CM firms. The requested RFP was written to ensure that the selected firm demonstrated successful experience and capacity to provide construction management with inspection services required by the City.

On January 25, 2024, the day of opening CM proposals, the City received two proposals from Dudek Inc. for $215,000 and from Southstar Engineering & Consulting for $248,270.

Staff recommends the City Council approve a task order under On-Call Agreement A8566 with Dudek Inc. not to exceed $215,000.

Request for Proposal for Community Workforce Agreement Administration Staff issued a Request for Proposals (RFP) from our on-call Community Workforce Administration Services firm, TSG Enterprises, Inc., dba The Solis Group (“TSG”). Staff recommends the City Council approve a task order under On-Call Agreement 23PO41 with TSG not to exceed $15,410.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the 2024 Pavement Rehabilitation, City Project No. 24-01, 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 estimated construction and administrative costs to complete the project are shown in Table 3 below.

Table 3
Table of Project Costs Amount
Measure J Funds – Pavement Projects $9,000,000
Special Gas Tax Funds – Signing & Striping $300,000
Project Administration ($10,000)
Construction Administration/Inspection ($215,000)
Community Workforce Agreement Administration ($15,410)
Construction Contract ($8,799,456)
Contingency (260,000)
Item 1T - Page 4
City Council Staff Report
February 29, 2024 -- Page 5
Award 2024 Pavement Rehabilitation Project, CP 24-01
Table of Project Costs Amount
Total $134
Sufficient funds have been budgeted to cover the cost of construction.

REVIEWED BY:

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

A. Public Integrity Disclosure Forms
B. Street List and Map
C. Construction Agreement
Item 1T - Page 5
Attachment A
Item 1T - Page 6
Item 1T - Page 7

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01
Name of Entity
Matich Corporation
Address of Entity (Principle Place of Business)
1596 Harry Sheppard Blvd, San Bernardino, CA 92408
Local or California Address (if different than #2)
13984 Apache Trail, Cabazon, CA 92408
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? • Yes No
Type of Entity
•
rs/' Corporation • Limited Liability Company • Partnership • Trust • _Other (please soecifv)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Continued

REQUIRED DOCUMENTS FOR BIDDING
PAGE 17
Item 1T - Page 8

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01
Name of Entity
Matich Corporation
Address of Entity (Principle Place of Business)
1596 Harry Sheppard Blvd, San Bernardino, CA 92408
Local or California Address (if different than #2)
13984 Apache Trail, Cabazon, CA 92408
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? • Yes No
Type of Entity
D
rs/ Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

REQUIRED DOCUMENTS FOR BIDDING
PAGE 17
Item 1T - Page 9
CH

PORATION
Corporate Resolution
At a meeting of the Board of Directors of MATICH CORPORATION, a California corporation duly called and held on the 15th day of October 2021, a quorum being present the following RESOLUTION was adopted:

Resolved, the Corporate Officers for Matich Corporation are:

PRESIDENT

VICE PRESIDENT & TREASURER

VICE PRESIDENT & CORPORATE SECRETEARY

VICE PRESIDENT- ESTIMATING

VICE PRESIDENT - CONSTRUCTION OPERATIONS
ROBERT M. MATICH
RANDALL S. VALADEZ
RANDALL S. VALADEZ
JASON G. JONES
JACOB 0 . READE
FURTHER RESOLVED, that the above listed Corporate Officers are duly authorized to sign document (bids, contracts, etc.) as may be necessary on behalf of MATICH CORPORATION.

I, Randall S. Valadez, Secretary of MATICH CORPORATION have compared the foregoing RESOLUTION with original thereof, as it appears in the records of the Board of Directors of said company, and do so certify that the same is true and correct transcript there from, and of the whole said original RESOLUTION.

I further certify that said RESOLUTION has not been amended or revoked and is still in full force and effect.
1596 HARRY SHEPPARD BLVD, SAN BERNARDINO 92408 • TELEPHONE (909) 382-7400 • FAX (909) 382-0191 www.matichcorp.com
Item 1T - Page 10

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM (CONTINUED) 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01

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

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

Robert M. Matich 100%, Matich Corporation
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

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

Signature of Disclosing Party, Printed Name, Date
Title ~ )
I
V
Jason G. Jones 01/24/2024 Vice President - Estimating ,All • • l UI ~ (

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 ends

REQUIRED DOCUMENTS FOR BIDDING
PAGE 18
Item 1T - Page 11
Who Must File?

CITY OF PALM SPRINGS

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

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

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

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

Notes:
(1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity;
(2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate form.

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

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

REQUIRED DOCUMENTS FOR BIDDING
PAGE 19

Page 22 of 50 ends

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

F Other _______________________________
_______________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner

F Other _________________________________
______________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
Dudek
605 Third Street, Encinitas, CA 92024
78-075 Main Street, Suite G-203, La Quinta, CA 92253
California
X
Frank Dudek
X
Mark Girard, Member
Joseph Monaco, Member
Peter Quinlan, Member
Robert Ohlund, Member
Gerry Salontai, Member
Tom Larkin, Member
X
X
Item 1T - Page 12

Page 23 of 50 ends

F Other _______________________________

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date

Frank Dudek 24%
ESOP 35%
George Litzinger
CM Division manager April 24, 2020
Item 1T - Page 13

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
TSG Enterprises, Inc. dba The Solis Group
3452 E Foothill Blvd, Ste 200, Pasadena, CA 91107
See above
California
X
Elvira Elizabeth Diez Solis X
Andrew Solis-Castillo X
Item 1T - Page 14

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
Item 1T - Page 15

ATTACHMENT B
Item 1T - Page 16

STREET FROM TO CLASS
ALLEY @ CABRILLO AVENUE 280 FT. S/O CABRILLO ROAD N/S RACQUET CLUB ROAD Residential ALLEY @ RACQUET CLUB RD S/S RACQUET CLUB ROAD 420 FT. S/O RACQUEST CLUB ROAD Residential ARNICO STREET (E&W) W/S NORLOTI STREET W/S JASON COURT Residential ARNICO STREET (N&S) W/S JASON COURT S/S VIA ESCUELA Residential BELARDO ROAD S/S TAHQUITZ CANYON WAY N/S ARENAS ROAD Collector BIRDIE WAY N/S WAVERLY DRIVE S/S EAGLE WAY Residential
BROADMOOR DRIVE S/S CHERRY HILLS DRIVE N/S WAVERLY DRIVE Residential CALLE ENCILIA ANDREAS ROAD TAHQUITZ CANYON WAY Collector CALLE ENCILIA S/S TAHQUITZ CANYON WAY N/S ARENAS ROAD Collector CALLE ENCILIA N/S ARENAS ROAD N/S RAMON ROAD Collector
CAMINO REAL ‐ CAM REAL S/S GRANVIA VALMONTE N/S ALEJO ROAD Residential CAMINO BUENA VISTA W/S MESA DRIVE W END Residential
EAST PALM CANYON DRIVE E/S SOUTH PALM CANYON DRIVE S INDIAN TRAIL Arterial EAST PALM CANYON DRIVE S INDIAN TRAIL W/S SUNRISE WAY Arterial EAST PALM CANYON DRIVE E/S SUNRISE WAY W/S SMOKETREE LN/CERRITOS RD Arterial EAST PALM CANYON DRIVE W/S SMOKETREE LN/CERRITOS DR W/S FARRELL DRIVE Arterial EAST PALM CANYON FRONTAGE BARONA ROAD E END (CAROB CIRCLE) Collector EXECUTIVE DRIVE S/S VIA ESCUELA N/S VISTA CHINO Collector GAYLE WAY (ALLEY) N/S VIA ENTRADA S/S AVENIDA OLANCHA Residential GRANVIA VALMONTE W/S VIA MIRALESTE E/S VIA CORTA Residential HILLVIEW COVE E/S BOGERT TRAIL W/S ANDREAS HILLS DRIVE Residential LILLIANA DRIVE W/S S PALM CANYON DRIVE S/S W LILLIANA DRIVE Residential MARISCAL ROAD W/S MIRA VISTA E/S VIA NORTE Residential
MURRAY CANYON DRIVE W/S TOLEDO AVENUE E/S CAMINO REAL Collector MURRAY CANYON DRIVE E/S CAMINO REAL E/S S PALM CANYON DRIVE Collector NORLOTI STREET S/S VIA ESCUELA N/S ARNICO STREET Residential OVERLOOK ROAD S/S CRESTVIEW DRIVE W/S MESA DRIVE Residential RADIO ROAD ‐ RADIO RD W/S INDIAN CANYON DRIVE 135 FT. W/O ANZA ROAD Residential RADIO ROAD 465 FT. W/O ANZA ROAD E/S MCCARTHY ROAD Residential SALVIA ROAD E/S GENE AUTRY TRAIL SE END Collector
SEVEN LAKES DRIVE W/S MIRAMONTE CIRCLE E/S CHEROKEE WAY Residential VALMONTE NORTE W/S VIA CORTA E/S VIA CHICA Residential
VALMONTE SUR E/S VIA CHICA W/S VIA CORTA Residential
VIA CORTA N/S VIA COLUSA S/S VIA ALTAMIRA Residential
VIA ESCUELA E/S GENE AUTRY TRAIL W/S EXECUTIVE DRIVE Collector VIA NORTE S/S VIA ESCUELA N/S MARISCAL ROAD Residential VISTA CHINO 1605 FT. E/O GENE AUTRY TRAIL CITY LIMITS (END) Collector 2024 PAVEMENT PROJECT ‐ STREET LIST
Item 1T - Page 17
2024 PAVEMENT REHABILITATION STREET LIST
CITY PROJECT 24-01 N
SHEET 1 SHEET 3 SHEET 2SHEET 4 SHEET 5 SHEET 6 SHEET 7
Item 1T - Page 18
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2024 PAVEMENT REHABILITATION STREET LIST
CITY PROJECT 24-01 N
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MARISCAL RD VISTA CHINO
Item 1T - Page 19
DL.

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2024 PAVEMENT REHABILITATION STREET LIST
CITY PROJECT 24-01 N
SHEET 3

SALVIA RD

VISTA CHINO

ARNICO ST
INTO

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VIA ESCUELA
INTO

EXECUTIVE DR

GENE AUTRY DRIVE
Item 1T - Page 20
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2024 PAVEMENT REHABILITATION STREET LIST
CITY PROJECT 24-01
N
SHEET 4 VALMONTE NORTE VALMONTE SURVIA CORTA

GRANVIA

VALMONTE CAMINO REAL

BELARDO CALLE ENCILIA

RAMON ANDREAS TAHQUITZ CANYON WAY ARENAS
Item 1T - Page 21
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CITY PROJECT 24-01 N
SHEET 5 EAST PALM CANYON FARRELL

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SOUTH PALM CANYON TOLEDO AVE
Item 1T - Page 22
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ATTACHMENT C
Item 1T - Page 25
Revised 4.13.23 Page 1 of 7
AGREEMENT ____
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 2024, by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Matich Corporation, a California corporation, hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:
2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01
The Work comprises reconstruction and overlay of approximately 1,900,000 square feet, in various locations throughout the City of Palm Springs including: recording, preservation and resetting of existing and new survey monuments; pulverization of existing asphalt concrete (AC) pavement; full depth milling of existing asphalt concrete pavement; 2-inch grind and overlays, full AC grind and overlay, unclassified excavation (export); preparation of subgrade; asphalt concrete paving; adjustment of utility manholes, vaults, and water valves to grade; removal and replacement or installation of concrete curb ramps and select gutters; construction of concrete cross gutters; traffic striping and markings; and all other appurtenant work. The work shall be diligently prosecuted to completion before the expiration of 90 Working days.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time.

Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor Item 1T - Page 26
Revised 4.13.23 Page 2 of 7
acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is EIGHT MILLION SEVEN HUNDRED NINTYNINE THOUSAND FOUR HUNDRED FIFTY-SIX DOLLARS ($8,799,456.00).

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, NonDiscrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda number 1, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contractor to provide the Item 1T - Page 27
Revised 4.13.23 Page 3 of 7
materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 5 -8 “Indemnification,” of the Special Provisions.

ARTICLE 9 -- PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any Item 1T - Page 28
Revised 4.13.23 Page 4 of 7
agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

ARTICLE 11--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

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

Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Item 1T - Page 29
Revised 4.13.23 Page 5 of 7
Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

ARTICLE 13 – PROJECT LABOR AGREEMENT

13.1 Generally – The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work. Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as Exhibit “B” and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.

13.2 Subcontractors – Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.

13.3 Condition of Payment – Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.

13.4 Reformation – Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.

13.5 Conflicts – In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.

13.6 Costs of Compliance – Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13.

13.7 Not a Limitation – The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 1T - Page 30
Revised 4.13.23 Page 6 of 7

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND MATICH CORPORATION
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: _______ 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 1T - Page 31
Revised 4.13.23 Page 7 of 7
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

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

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1T - Page 32

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND

AUTHORIZATION TO BID THE AIRPORT TAXIWAY REHABILIATION, CITY PROJECT NO. 21-27
FROM: Scott C. Stiles, City Manager
BY: Aviation Department and Engineering Services Department SUMMARY:

The construction documents (Plans, Specifications and Estimate) for the Airport Taxiway Rehabilitation Project (City Project 21-27) 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.

RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Airport Taxiway Rehabilitation, City Project 21-27 (“Project”).

BACKGROUND:

On May 2, 2018, the City Council approved a 5-year on-call agreement with WSP USA Inc., (Agreement No. A7149) for professional aviation consulting services. Pursuant to FAA regulations related to on-call service agreements, the on-call agreement with WSP USA, Inc., Inc., assigned it responsibility for performing various as-needed services within the Airport, including capital projects associated with the rehabilitation of airfield taxiways.

On September 18, 2019, the City Council approved a purchase order with WSP USA, Inc. (WSP) for the completion of an Airfield Pavement Condition Index (PCI) report inclusive of all airfield pavements. PCIs are generally conducted at set intervals to inform the FAA of when pavement has reached its useful life and to request new grant assistance for rehabilitation or full replacement. WSP conveyed their airfield pavement rehabilitation recommendations through a March 31, 2021, Pavement Condition Index Survey & Analysis to the City.

Item 1U - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Authorize RFB for Airport Taxiway Rehab CP 21-27
The FAA pavement condition rating (PCR) categorizes pavement as either “Good” to “Very Poor” per an associated PCI range. The PCI report by WSP found that various taxiways at the Airport ranked as either “fair” or “poor”, requiring rehabilitation. Typically, pavements with a PCR of “Fair” are candidates for rehabilitation, however, there are times when rehabilitation strategies are justified on pavements with a PCR in the “Poor” category. Rehabilitation is the replacement of a portion of the pavement structural layers, which is generally more cost effective than a full pavement reconstruction.

On January 27, 2022, the City Council approved a purchase order with RS&H California, Inc., (“RS&H) to provide rehabilitation methods based on the WSP Pavement report and to provide plans, specification, and estimate needed to go out to bid for construction.

STAFF ANALYSIS:

Based on the Pavement Condition Report and RS&H construction methods, Table 1 below shows which taxiways are candidates for rehabilitation and Figure 1 shows the locations of the taxiways scheduled for rehabilitation. Footnote No. 2 to Table 1 provides a breakdown of Pavement Condition Ratings and their associated PCI ranges.

Table 1
Name Branch Section PCI1 PCR2 % Load Area (sf)
Taxiway A TA 05 43 Poor 52 57,823
Taxiway A1 TA1 01 66 Fair 54 22,965
Taxiway A1 TA1 02 52 Poor 0 97,161
Taxiway W TW 01 65 Fair 30 91,125
Taxiway W TW 02 50 Poor 53 266,583
Taxiway W TW 03 55 Poor 41 303,640
Total N/A N/A N/A N/A N/A 839,297 1 2024 Estimated PCI
2 Good = 100 – 86; Satisfactory = 85 – 71; Fair = 70-56; Poor = 55 – 41; Very Poor = 40 - 26 Figure 1
Item 1U - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Authorize RFB for Airport Taxiway Rehab CP 21-27
RS&H has completed the preparation of the plans and specifications for the Project. The contract documents prepared by the consultant have been reviewed and approved by the City’s Engineering Services Department and the Aviation Department.

With City Council approval, Staff will advertise the Project in the Desert Sun and post the Project on the City’s on-line bid management system PlanetBidsTM. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be posted: March 4, 2024
Deadline for receipt of bids: April 3, 2024
Contract awarded by City Council: May 9, 2024
Staff recommends the City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project. The plan documents, specifications, and estimate are on file with the City Clerk.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Airport Taxiway Rehabilitation, City Project No. 21-27, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This Project aligns with City Council Priority 2A – Prioritize deferred maintenance.

FISCAL IMPACT:

The Airport is requesting funding from the Federal Aviation Administration (FAA) for this Project. The FAA has available funding from their discretionary funds. Once the bidding process is completed, the Airport will contact the FAA for the funding amount and the Airport will fund the remaining balance by local funds through the Airport Capital Fund.

If the FAA does not fund the project, Airport Staff will recommend that the City Council reject all bids until funding becomes available.

REVIEWED BY:

City Engineer: Joel Montalvo
Aviation Executive Director: Harry Barrett
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1U - Page 3

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF TRACT MAP 37935
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Van Surveying, Inc., representing DTPS B-3 LLC, a California Limited Liability Company, (the “Developer”), has requested approval of a final map for Tentative Tract Map 37935 to create 45 residential condominium units and ground floor commercial space in a proposed building to be located at northeast corner of Belardo Road and Museum Way.

Approval of a final map for Tentative Tract Map 37935 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City’s ministerial approval of the final map.

RECOMMENDATION:

Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37935 FOR PROPERTY

LOCATED AT NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from DTPS B-3 LLC, a California Limited Liability Company is included as Attachment A.

BACKGROUND:

At its meeting on January 14, 2021, the City Council approved Tentative Tract Map 37935 (TTM 37935) for the subdivision of 45 Residential Condominium Units located at the northeast corner of Belardo Road and Museum Way, subject to conditions of approval.

The expiration date of TTM 37935 was January of 2023; however, Planning Commission at its meeting of January 25, 2023 approved a 12-month time extension. However, Van Surveying, Inc., representing the Developer, timely filed a final map for TTM 37935 on Item 1V - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
TM 37935
September 24, 2022. Pursuant to state law (California Government Code Section 66452.6 [the “Subdivision Map Act”]), once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Tract Map.

STAFF ANALYSIS:

The developer has completed all required improvements and Community Facility District (CFD) requirements. A site map is provided below and a copy of the final map for TM 37935 is included as Attachment B.

The City Engineer has determined that required conditions of approval associated with TTM 37935 have been satisfied, that Tract Map 37935 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 37935 is ready for City Council approval.

ENVIRONMENTAL ASSESSMENT:

The proposed project is part of a larger project (“Museum Market Plaza Specific Plan/Downtown Palm Springs Specific Plan”) evaluated and analyzed under the California Environmental Quality Act (“CEQA”). The City certified an Environmental Impact Report (EIR) which analyzed impacts related to the Museum Market Plaza Specific Plan in 2009.

Subsequent addenda have been prepared to analyze changes within the Specific Plan area.

FISCAL IMPACT:

Approval of Tract Map 37935 will subdivide the currently vacant 0.84-acre parcel into a 45 Residential Condominium Units. Ultimately, upon completion of the Units, the City will receive yet to be determined additional property tax revenue. Additionally, incremental costs for public service will be incurred over time.

REVIEWED BY:

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

A. Business Principal Disclosure
B. Tract Map 37935
C. Resolution
Item 1V - Page 2
Attachment A
Item 1V - Page 3
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
DTPS B-3 LLC
201 N. Palm Canyon Dr. Ste 200, Palm Springs CA 92262
California
X

Michael Braun
Octavio Fernandez X
Item 1V - Page 4
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13.18)

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

Signature of Disclosing Party, Printed Name, Title Date Palm Springs Promenade, LLC PSP LLC owned 91% GRIT Development LLC and 8% Michael Braun. GRIT Development owned by
Wessman Family Trust, Trustees Sandra Wessman
and Michael Braun
100% ownership of Capital and all voting rights
80% Profits interest
Michael Braun - Economic Interest only, no voting rights, 10% Profits Interest
Octavio Fernandez Economic Interest only, no voting rights, 10% Profits Interest
Michael Braun Manager December 27, 2018
Item 1V - Page 5
Attachment B
Item 1V - Page 6
Item 1V - Page 7

OWNER'S STATEMENT

WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE

CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

DTPS 8-3, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
BY: ---------
PRINT NAME:

BENEFICIARY

MIDF/RST BANK, A FEDERALLY CHARTERED SAVINGS ASSOC/A TION AS BENEFICIARY UNDER THAT CERTAIN DEED OF TRUST RECORDED JUNE 02, 2017 AS INSTRUMENT NO. 2017-0221699, OF OFFICIAL RECORDS
BY:

PRINTED NAME: ________ _
TITLE: ------------

NOTARY ACKNOWLEDGEMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERT/FICA TE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

DOCUMENT TO WHICH THIS CERT/FICA TE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STA TE OF CALIFORNIA } SS
COUNTY OF RIVERSIDE }
ON _____ 2023, BEFORE ME,
_________ A NOTARY PUBLIC,
PERSONALLY APPEARED __________ AND
_________ WHO PROVED TO ME ON THE

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSmUMENT ANO

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY
HIS/HER/THEIR S/GNA TURE(S} ON THE INSmUMENT THE PERSON{S),

OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSmUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS mu£ AND CORRECT.

WITNESS MY HANO ANO OFFICIAL SEAL. MY PRINCIPAL PLACE OF BUSINESS IS IN:

S/GNA TUR£: ______ _ COMMISSION NO. __ _
NOTARY PUBLIC EXP/RATION DATE: ___ _

NOTARY ACKNOWLEDGEMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERT/FICA TE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

DOCUMENT TO WHICH THIS CERT/FICA TE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STA TE OF CALIFORNIA } SS

COUNTY OF RIVERSIDE )
ON _____ 2023, BEFORE ME,
_________ A NOTARY PUBLIC,
PERSONALLY APPEARED __________ ANO _________ WHO PROVED TO ME ON THE

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSmUMENT ANO

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(/ES), ANO THAT BY
HIS/HER/THEIR S/GNA TURE(S) ON THE !NSmUMENT THE PERSON(S),

OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSmUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS mu£ ANO CORRECT.

WITNESS MY HANO ANO OFFICIAL SEAL. MY PRINCIPAL PLACE OF BUSINESS IS IN:

S/GNA TUR£: ______ _ COMMISSION NO. ____ _
NOTARY PUBLIC EXP/RATION DA TE: ___ _

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP 37935
PARCEL 3 OF PARCEL MAP NO. 36446,
P.MB. 238/31-34, RIVERSIDE COUNTY RECORDS
NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M VAN SURVEYING, INC. AUGUST 2022

FOR CONDOMINIUM PURPOSES

TAX COLLECTOR'S CERT/FICA TE

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS

OFFICE, AS OF THIS DA TE, THERE ARE NO LIENS AGAINST THE

PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STA TE, COUNTY,

MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED

AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS

TAXES NOW A LIEN BY NOT YET PAYABLE, WHICH ARE EST/MA TED TO BE$ _____ ~
DA TE: -------- 2023

MATTHEW JENNINGS

COUNTY TAX COLLECTOR
BY _________ _, DEPUTY

TAX BOND CERT/FICA TE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ ____ _

HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF

THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE

PAYMENT OF ALL TAXES, STA TE, COUNTY, MUNICIPAL, OR LOCAL,

AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE

TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A

LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.

DATE: _______ _, 2023

CASH BOND

MA TTHEW JENNINGS

COUNTY TAX COLLECTOR
BY: _______ ~ DEPUTY

S/GNA TURE OMMISS/ONS
PURSUANT TO SECTION 66436 (A), AND (C), OF THE SUBDIVISION MAP ACT. THE S/GNA TURES OF THE FOLLOWING OWNERS OF
EASEMENTS AND/OR OTHER INTEREST HA VE BEEN OMITTED.

4. AS EASEMENT FOR DITCHES AND INCIDENTAL PURPOSES, RECORDED APRIL 22, 1885 AS BOOK 50, PAGE 91 OF DEEDS, RECORDS OF SAN DIEGO COUNTY.

5. IN FAVOR OF: PALM CITY LAND COMPANY
AFFECTS: AS DESCRIBED THEREIN

BLANKET/NOT PLOTABLE

AN EASEMENT FOR FLUMES, DITCHES AND INCIDENTAL PURPOSES, RECORDED AUGUST 10, 1887 AS BOOK 68 OF DEEDS, PAGE 471
IN FAVOR OF: PALM VALLEY LAND AND WATER COMPANY
AFFECTS: AS DESCRIBED THEREIN

BLANKET/NOT PLOTABLE
~ AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED OCTOBER 16, 1968 AS INSTRUMENT NO. 99594 OF OFFICIAL RECORDS.

IN FAVOR OF: GENERAL TELEPHONE COMPANY OF CALIFORNIA. A CORPORATION AFFECTS: AS DESCRIBED THEREIN

M AN EASEMENT SHOWN OR OED/CA TED ON THE MAP AS REFERRED TO

IN THE LEGAL DESCRIPTION
FOR: SIDEWALK, DRAINAGE, PUBLIC UTILITY AND INCIDENTAL PURPOSES

SOILS REPORT
PURSUANT TO SECTION 66490 OF THE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT, PROJECT NO. 544-13040, WAS PREPARED BY SLADDEN ENGINEERING ON APRIL 17, 2013, AND IS ON FILE WITH THE CITY OF PALM SPRINGS, ENGINEERING DEPARTMENT.

SHEET 1 OF 2 SHEETS

RECORDER'S STATEMENT
FILED THIS _ DAY OF ------- 2023, AT
_M. IN BOOK ___ OF PARCEL MAPS AT
PAGES ___ AT THE REQUEST OF THE CITY CLERK OF THE
CITY OF PALM SPRINGS, CALIFORNIA.

NO. ____ _
FEE:

PETER ALDANA

COUNTY RECORDER-ASSESSOR-CLERK
BY: __________ DEPUTY
SUBDIVISION GUARANTEE BY.· NORTH AMERICAN TITLE CO.

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A

FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DTPS 8-3, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY IN FEBRUARY OF 2020.

I HEREBY STA TE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE

POSITIONS IND/CA TED OR THAT THEY WILL BE SET WITHIN ONE YEAR OF THE FILING

OF THIS MAP WITH THE COUNTY RECORDER AND THAT THE MONUMENTS ARE, OR WILL

BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL

TRACT MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE TRACT MAP. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.

DATE: -------- 2023
STEVEN J. VAN P.L.S. 6500

CITY ENGINEER'S STATEMENT

I HEREBY STA TE THAT I HA VE EXAMINED THE WITHIN MAP OF TRACT MAP NO. 37935 CONSISTING OF 2 SHEETS; THAT THE SUBDIVISION SHOWN HEREON

IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED AL TERA TIONS THEREOF; THAT ALL PROVISIONS OF THE STA TE

SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HA VE BEEN COMPLIED WITH; DATED: ----- 2023
B~-------------

JOEL MONTALVO
R.C.E. NO. 62624

CITY SURVEYOR'S STATEMENT

I HEREBY STA TE THAT I HA VE EXAMINED THE MAP, AND THAT I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.

DATED: ----- 2023
B~-------------
ERIK T. HOWARD
P.L.S. 7648
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

CITY CLERK'S STATEMENT

I, MONIQUE LOMELI, INTERIM CITY CLERK AND EX-OFFICIO ASSESSOR OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, STA TE OF CALIFORNIA, HEREBY STA TE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE __ DAY OF ____ 2022, DULY APPROVED THE FINAL MAP NO. 37935.

THE TENTATIVE MAP FOR SAID TRACT MAP WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE 24TH DAY OF MARCH, 2022.

DATED:

BY.·

MONIQUE LOMELI, CMC

INTERIM CITY CLERK AND EX-OFFICIO ASSESSOR OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CAL/FOR/NA
w.o. 20-110
Item 1V - Page 8
SHEET 2 OF 2 SHEETS
(
-
' /' ·,, - ,,,1' ''-----~fr-- i

IN THE CITY OF PALM SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT MAP NO. 87986
PARCEL 3 OF PARCEL MAP NO, 36446,
P.MB. 238/31-34, RIVERSIDE COUNTY RECORDS I ~~-- - - - - - - - " I ~~,~o~ \ I
I
I
I
I
-~------- < ~00·00·00·~ 398~21', ____________ _ NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B,M I I ~-? ' .I . I
< Noo·o0·00·\fv 48!_261 ~& VAN SURVEYING, INC. AUGUST 2022 I ' I I I '7-?~; ~10,76') I C/L"'
I --~ ~ ..__TAGGED LS 4146 I ------t -- 1 c1Noo·o0·00·w 416.351J _____J . -..___ I / \ '----· -t-----
--DETAIL .. A .. SCALE: 1"=30'
1 I
~--------7 I
) I I :

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1 1 -. - . - . - . - . - . - . - . - -I 1~0 1.. o•"c¼,~~:~~,_;, r------------------------h :I : : ' 41 ' Pp':'~B z : i I {
: 7 p(R 4 I : ',
' I , ~, I , pP.Rc\~t1-i~513v3 j I , ',,,,/
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FOR CONDOMINIUM PURPOSES

SURVEYOR'S NOTES
THIS TRACT MAP CONTAINS 0.84 ACRES GROSS AND
1 PARCEL WITHIN THE DISTINCTIVE BORDER.
& SET COPPERWELD MONUMENT PER P.M.B. 238/31-34
STAMPED PLS 6500
.A MONUMENT DESTROYED DURING CONSTRUCTTON,
SET COPPERWELD FLUSH, PER P.M.B. 238/31-34
STAMPED PLS 6500
Q SFN - MONS. TO BE SET PER P.M.B. 238/31-34
STAMPED PLS 6500
e FOUND C.P.S. MONUMENT WELL FLUSH
( )
[]
WITH 1" I.P. DN. 0.5' PER P.M.B. 133/81-85 AND
C.P.S. MONUMENT TIES AS NOTED
IND/CA TES MEASURED AND RECORD PER P.M.B. 238/31-34
INDICATES MEASURED AND RECORD PER P.M.B. 133/81-85
BASIS OF BEARINGS·

CENTERLINE OF NORTH PALM CANYON DRIVE
BEING N 00°08'00" W PER PARCEL MAP NO. 20362,
P.M.B. 133 AT PAGES 81 THRU 85, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.

TAGGED LS 72_32 CPS T.B. 15/3 • - ---------------------- . ~/L:::,.,, ----- • - • BELARDO RD. 'Nmr1 •e,2s1 _c/L---. . I - ( ~ rAcJ-o LS 4146 rN00·00·oo·w 258.58', \ ,222.601 1 ·-··:::::;\ ~/L
(N00°08'00-W 201.58') I\ rr--~-==:-~-==-- l~-~·.-~ .... --i -~,-~o-~-i-9-·-oo--w-",j,------f-- ~ ,, · \ :I [ ~;ri•52•ooc , i : : 'i-- ~~ , ( \. pARc£L A 2P&fs-ooooaoo PARCEL I ~"! !I !I rR 71t1-1s :I §i-: , iNsT. NO- ; 2015 o.R- : 4,. - z P 1 s-01 o R-
(.!)(/) , I REC- 1 ;02 IE--+-~ o. 84 AC. ~ i IR i P p.RcE:~0. 201201 s · ~!:\ I ·1 i ·1 1N51· 4/25
,_, I -------- )... ixi ·b w . . R(C-
,.., ~------ --n, : ~• ~ IP _,_ p(R , b I I
oo ' ~ :, ·N J 3>< ~ j lLI j
~ d I ,---_/' !~ pP.Rc~~44~s/3v • . S . 1·,
- gi I / ~ 100 p t,Ji. Q 2 ~ I ~ I Q - r- I , E !.J..I .z p.\JiY" z. a, . ~ ~ ~ ~ I _j' !Ool' s 8' SIDEWALK, DRAINAGE a: - ! I~ I O ' i ~ ~ i tH ~ r~~ALJTY EASEMENT : : ~ I p 111 \ / A pER 0454206 ~ i_ , Noo·o0·oo·w 217.58', · j Cl) 1 .
- r \ pA~c£~o. 2012016 o.R- < I I t---l:"1111::........,_ _____________ --i• ~(j , ~- , 1- 1~~c- 1 o/21 ~· ~ : ;i!
p(R :I 1:, ~ i l:
..._. ~ i \ j ~ p ,Rc(3\..64136B/31 _,34 I ~ ~ - I . () I : ""· Q z I ·1 I II ::5 _. , I rp _t,/IY" ~ d ·1 I' ,,· I
~ \ -_-·-_ ·-:-=--=-~:-=: --- _) i I ! I ': L
C/L
TAGGED LS 4146
CPS T.B. 15/5
------·--===~~-~--~ ~-~-=-=-·-=.:_--==-~~=-=-J) ~--:..=.:.=-=-·~--. --~~-=----=-~~ , Noo·o0·oo·w 408.421 , Noo·o0·oo·w 258.581 C/L NORTH PALM CANYON DR.

TAGGED LS 4146
CPS T.B. 15/4
, Noo·o0·oo·w , ( 5.001
[( 658,34' )]
TAGGED LS ~46
CPS T.B. 15 3
GRAPHIC ~ SCALE
68 I .0 ~ ~o ,,s 1ro
SCALE 1 "=60'
20-110
Attachment C
Item 1V - Page 9
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37935 FOR

PROPERTY LOCATED AT NORTHEAST CORNER OF BELARDO
ROAD AND MUSEUM WAY, IN SECTION 15, TOWNSHIP 4
SOUTH, RANGE 4 EAST.

WHEREAS, the City Council of the City of Palm Springs, at its meeting of January 14, 2021, recommended approval of Tentative Tract Map 37935, subject to conditions; and
WHEREAS, the Planning Commission of the City of Palm Springs, (hereinafter the “City”), at its meeting of January 25, 2023, approved Tentative Tract Map 37935 and a 12-month time extension subject to conditions; and WHEREAS, DTPS B-3 LLC, a California Limited Liability Company, (hereinafter the “Subdivider”), has filed with the City a final map for Tentative Tract Map 37935, identified as Tract Map 37935, in accordance with Section 66458 of the California Government Code; and
WHEREAS, required Works of Improvements have not been completed by the Subdivider as of the filing of Tract Map 37935.

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

SECTION 1. Tract Map 37935 is in substantial conformance with the approved Tentative Tract Map 37935.

SECTION 2. Tract Map 37935 is in conformance with the General Plan SECTION 3. Tract Map 37935 conforms to all requirements of the Subdivision Map Act of the State of California.

SECTION 4. Tract Map 37935 is hereby approved for purposes therein defined.

ADOPTED THIS 29TH DAY OF FEBRUARY, 2024.

SCOTT C. STILES

CITY MANAGER, CITY OF PALM SPRINGS
ATTEST:

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1V - Page 10
Resolution No. _____

Page 2 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 February 29, 2024, 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, CITY OF PALM SPRINGS
Item 1V - Page 11

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROJECT (CYCLE 7), FEDERAL-AID PROJECT NO. HSIPL-5282 (046), CITY PROJECT NO. 15-32
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Formal City Council acceptance of the Highway Safety Improvement Project (Cycle 7), City Project No. 15-32 (“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 the Highway Safety Improvement Project (Cycle 7), City Project No. 15-32, 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 Highway Safety Improvement Project (Cycle 7), City Project No. 15-32.

BACKGROUND:

On July 23, 2020, the City Council awarded a construction contract in the amount of $2,847,759 to Elecnor Belco Electric, Inc. for the Highway Safety Improvement Project (Cycle 7), City Project No. 15-32. 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 started in November 2020.

STAFF ANALYSIS:

Construction of the Project began November 30, 2020, and was determined to be substantially complete on January 10, 2024. Throughout construction of the Project, there were two contract change orders described below:

Item 1W - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Acceptance of HSIP 7, CP 15-32
• On July 28, 2022, the City Council approved Contract Change Order No. 1 (CCO1) in the amount of $213,378.22 to address conflicts with existing utilities that wouldn’t allow for the foundations of traffic signal poles to be installed per the plans. These issues needed to be resolved with a redesign that included changes to the overall scope of work along with construction delays and material and labor cost increases.
• Contract Change Order No. 2 (CCO2) in the amount of $76,572.90 was added to address pavement issues at Tahquitz Canyon Way and Farrell Drive, update pedestrian push buttons at the project intersections, and address illuminated street name signs at various project intersections. A copy of CCO2 is included as Attachment A.

The final construction of the Project increased by $289,951.12 from the original awarded contract amount of $2,847,759. This represents a 10.2% net increase to the total contract price. 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 B.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects includes repairs, maintenance, and minor alteration of existing public structures. Therefore, this Project is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

City Council Priority 2B – Five (5) Year Capital Improvement Plan with specific actions.

FISCAL IMPACT:

The final construction cost is $3,137,710.12. The City is holding retention funds in the amount of $151,056.47 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.

REVIEWED BY:

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

A. Final Balancing Change Order No.2
B. Notice of Completion
Item 1W - Page 2
Attachment A
Item 1W - Page 3

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
To: Elecnor Belco Electric, Inc. Date: January 21, 2023 14320 Albers Way Project No: CP 15-32 / Fed. HSIPL-5282(046) Chino, CA 91710 Project: Cycle 7 Traffic Signal Project Change Order 2
Purchase Order 20(15-32)
CHANGES IN SCOPE OF WORK/COST:

CCO No. 8.00 – Time and Materials Work at Tahquitz and Farrell This item was caused due to the existing conduit shown on the plans to use was full to capacity as to not allow any added wire to be pulled.

The contractor had to open cut the street and add new conduit and to Repair the street. Price was negotiated down from $39,684.80. Total Cost $33,000.00 CCO No. 9.00 – Pedestrian Push Button Posts
This item was caused due to the existing plans requiring field changes that caused the addition of Push Button Ped Posts at various locations as well as existing push button posts being too short to accommodate the new larger APS Push Buttons. Item is an add to scope and contract. Total Cost $24,904.28 CCO No. 10 – IISNS Added to Contract Due to Plan Revisions This item was caused due to changes by the City and Plan Revisions to the street names at multiple locations after designed signs were all approved, ordered and installed. Price Included all labor, materials and allowable mark-ups per the standards and project specifications.

Total Cost $18,668.62

Total Change Order/Net Increase Amount: $76,572.90
This approved Change Order was caused by Design Issues that needed to be resolved and re-designed to include changes to the overall Scope of Work along with construction delays and material fabrication and delays.

All prices include approved allowable labor and equipment mark-ups per Caltrans and Green Book standards.

All costs are detailed on the attached cost sheets, revised bid proposals, vendor pricing and receipts, detailed labor and materials breakdown sheets, and all other attached related documents. These changes were approved and directed by the City Project Manager.

This Change Order added four (4) additional Days to the contract.

SUMMARY OF COSTS:

Original Contract Amount: $ 2,847,759.00
Change Order No. 1: $ 213,378.22
This Change Order: $ 76,572.90
Revised Contract Amount: $ 3,137,710.12

[SIGNATURES ON NEXT PAGE]
Item 1W - Page 4
CP 15-32, Federal Aid HSIPL-5282(046) Cycle 7 Traffic Signal and ADA Improvement Project Contract Change Order No. 2

Page 2 ends

I have received a copy of this Change Order and the above AGREED PRICES are acceptable to

Elecnor Belco Electric, Inc.

Signature Date

Printed Name and Title

City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer Date

Approved By:

Scott C. Stiles, City Manager Date

Attest By:

Brenda Pree, City Clerk (Acting) Date

Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Engineering Pay File (1)
City Clerk (1) Project City File (1)
Purchasing (1)
Finance (1)
Item 1W - Page 5
Attachment B
Item 1W - Page 6
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 1W - Page 7

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 1W - Page 8
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Item 1W - Page 9

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF TWO TASK ORDERS TO KIMLEY-HORN AND

ASSOCIATES FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR

THE SOUTH PALM CANYON DRIVE LANE RECONFIGURATION, CITY
PROJECT 22-21A, AND THE RACQUET CLUB ROAD
RECONFIGURATION, CITY PROJECT 22-21B
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Approval of this item will authorize Kimley-Horn and Associates (Kimley-Horn) to provide traffic engineering services for the South Palm Canyon Drive Reconfiguration, City Project 22-21A, and the Racquet Club Road Reconfiguration, City Project 22-21B (“Projects”).

RECOMMENDATION:

1. Approve a Task Order in an amount not to exceed $237,100 with Kimley-Horn pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services for the South Palm Canyon Drive Reconfiguration, City Project 22-21A;

2. Delegate authority to the City Manager or designee to approve contract amendments up to a total amount of $48,000 (20%) for the South Palm Canyon Drive Reconfiguration, City Project 22-21A;

3. Approve a Task Order in an amount not to exceed $317,600 with Kimley-Horn pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services for the Racquet Club Road Reconfiguration, City Project 22-21B;

4. Delegate authority to the City Manager or designee to approve contract amendments up to a total amount of $64,000 (20%) for Racquet Club Road Reconfiguration, City Project 22-21B; and

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

Item 1X - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Lane Reconfiguration, City Projects 22-21A & 22-21B
BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form for Kimley-Horn is included as Attachment A.

BACKGROUND:

In August 2017, the City applied to the Southern California Association of Governments (SCAG) Active Transportation Call for Proposals – Community Action Plan, which would provide grant funding to assess pedestrian and school routes citywide and develop a Citywide Pedestrian Master Plan.

In October 2017, the City was awarded up to $200,000 in grant funding, with the City providing up to $50,000 as a local match. As a part of the grant, SCAG would assign a project manager from their agency to work with the City to define the scope, select a consultant, and administer the contract. Due to various delays, a request for proposals (RFP) was not released until September 20, 2019.

In 2020, KOA Corporation (KOA) was selected as the consultant to develop a plan for the City of Palm Springs to improve pedestrian safety and improve conditions for walking while also promoting an active lifestyle. The project included pedestrian and bicyclist accident data collection, reviewing existing bike lanes, road widths, sidewalk gaps, pedestrian crossings, and extensive public outreach.

In December 2021, after compiling relevant data and community input, a final report was created titled, “The City of Palm Springs – Pedestrian Master Plan”. The report listed 37 locations, consisting of street segments and intersections, that the City should further evaluate for feasibility for pedestrian safety enhancements.

The report identified 37 distinct locations for safety mitigation measures. Within the 37 locations, 75 individual action items required attention. For example, an intersection can have up to 4 mitigation measures. To date, staff has completed or closed out 44 action items by incorporating them into other capital improvement projects with similar scope of work, traffic calming projects, work orders with the Streets Department, and Police Department coordination for enforcement. A few locations were already incorporated in the Coachella Valley Association of Governments (CVAG) Projects, CV-Link or CVSync (Phase I and II).

STAFF ANALYSIS:

Two of the projects needing further evaluation per the Pedestrian Master Plan, and in line with the upcoming changes in the General Master Plan, is the South Palm Canyon Drive and Racquet Club Road Lane reconfigurations, City Projects 22-21A and 22-21B respectively. In the Pedestrian Master Plan, South Palm Canyon is listed as D5-02, from East Palm Canyon to Acanto Drive, and Racquet Club is listed as D2-02/D2-05 from Vista Chino (Farrell Drive becomes Racquet Club Road) to the west end. The limits of Item 1X - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Lane Reconfiguration, City Projects 22-21A & 22-21B
the lane reconfigurations are shown in Figure 1 & 2 below.

The focus of both Projects will be pedestrian, bicyclist, and vehicle safety through lane reconfiguration, bike lanes, crossings, and sidewalk gap closures where feasible. The scope of work for both locations will consist of data collection, design, coordination with relevant stake holders, and extensive community outreach.

Figure 1 – South Palm Canyon Drive Lane Reconfiguration, City Project 22-21A Figure 2 – Racquet Club Road Lane Reconfiguration, City Project 22-21B On January 10, 2024, Engineering Services Staff solicited request for proposals (RFP) from our on-call traffic engineering consultants for professional design services regarding the subject Projects. At the time of opening proposals, Albert A. Webb Associates and Kimley-Horn provided the required documents listed in the RFP. After the review of proposals by Staff, Kimley-Horn was found to be the most qualified consulting firm to provide the design, coordination, and community outreach needed to Item 1X - Page 3
City Council Staff Report
February 29, 2024 -- Page 4
Lane Reconfiguration, City Projects 22-21A & 22-21B
successfully deliver the Projects. Copies of Kimley-Horn’s proposals are included as Attachment A for South Palm Canyon Drive Lane Reconfiguration and Attachment B for Racquet Club Road Lane Reconfiguration, City Projects 22-21A and 22-21B respectively.

ENVIRONMENTAL ASSESSMENT:

In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination; therefore, the subject Projects are considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

These Projects align with City Council Priority 2B – Five (5) Year Capital Improvement Plan with specific actions.

FISCAL IMPACT:

Staff has budgeted $1,500,000 every Fiscal Year to address projects listed in the Pedestrian Master Plan. Sufficient funding has been budgeted for the design of both Lane Reconfiguration Projects.

REVIEWED BY:

City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager Scott Stiles
A. Public Integrity Disclosure Form – Kimley-Horn
B. Proposal for City Project 22-21A, South Palm Canyon Drive Lane Reconfiguration C. Proposal for City Project 22-21B, Racquet Club Road Lane Reconfiguration Item 1X - Page 4
Attachment A
Item 1X - Page 5

PUBLIC INTEGRITY DISCLOSURE FORM

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600, Raleigh NC 27601
State of California
X
X
Steven E. Lefton X
X CEO, President
John C. Atz
X Chairman
Richard N. Cook
X Sr. Vice President
45-25 Manitou Drive, Suite 11, Indian Wells, CA 92210
Item 1X - Page 6
• •
• • • • •
• • • •
• •
•
• • • •
• •
•
• • • •
• •
•

PUBLIC INTEGRITY DISCLOSURE FORM

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A.
[name of owner/investor] [name of official with whom owner/investor has material financial relationship]
FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP:

B.
[name of owner/investor] [name of official with whom owner/investor has material financial relationship]
FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP:

C.
[name of owner/investor] [name of official with whom owner/investor has material financial relationship]
FOR RELATIONSHIP C, EXPLANATION OF THE RELATIONSHIP:

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

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

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

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

APHC, Inc. Has no owners/investors with
5% beneficial interest.

Jean B. Fares, P.E., Sr. Vice President 9.24.2020
Parent Company of Kimley-Horn
Parent Company of Kimley-Horn's parent company and other affiliated companies Item 1X - Page 7
1- I
Kimley-Horn and Associates, Inc. Principal Officers and Directors PRINCIPAL OFFICERS:

Names/Titles
John C. Atz, Chairman
Steven E. Lefton, CEO, President
Richard N. Cook,
Senior Vice President, Secretary
Tammy L. Flanagan,
CFO, Senior Vice President
David L. McEntee, Vice President,
Treasurer, Assistant Secretary
DIRECTORS:

Names
John C. Atz
Chairman
Barry L. Barber
Executive Vice President
Stephen W. Blakley
Senior Vice President
Paul B. Danielson
Senior Vice President
William E. Dvorak, Jr.

Senior Vice President
James R. Hall
Senior Vice President
Steven E. Lefton
CEO, President
Emmeline F. Montanye
Senior Vice President
Brent H. Mutti
Senior Vice President
Brooks H. Peed
Chairman Emeritus
Michael G. Schiller
Executive Vice President
G. Bradbury Tribble
Senior Vice President
Ownership: Kimley-Horn and Associates, Inc. is wholly owned by Associates Group Services, Inc., which is wholly owned by APHC, Inc., which is owned by over 500 Kimley-Horn employees, none of which own 5% or more of the outstanding shares.

Item 1X - Page 8
Attachment B
Item 1X - Page 9

PROPOSAL FOR

SOUTH PALM CANYON DRIVE

ROAD CONFIGURATION PROJECT
Item 1X - Page 10
City of Palm Springs 1
January 31, 2024
Francisco J. Jaime, P.E.

Principal Civil Engineer
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposal for Traffic Engineering Services – South Palm Canyon Drive Road Reconfiguration Project Dear Mr. Jaime:

The City of Palm Springs (City) is seeking a qualified outreach, planning, and engineering consulting team to expand its complete streets network through the South Palm Canyon Drive Road Reconfiguration Project. Kimley-Horn understands the City’s goals to enhance safety while balancing the varying needs of many travel modes. This 2-mile-roadway segment is an opportunity to enhance quality of life by connecting residents to major parts of the City through bicycle and pedestrian facilities. The Kimley-Horn Team offers the following benefits:

Local Office and Experience. Kimley-Horn’s Coachella Valley office is located just 11 miles east of Palm Springs City Hall. We are available and committed to serve Palm Springs from within the local community. The project team is led by Jean Fares, P.E, who has over 30 years of experience working with Kimley-Horn and over 20 years working in the City of Palm Springs. We recently completed the Palm Springs Highway Safety Improvements (HSIP) Cycle 9, Demuth Park, Palm Springs Engineering and Traffic Survey, all located within and near Palm Springs. Jean understands this project’s need for a responsive team with a thorough knowledge of the City’s planning and engineering design standards, and our team is ready to deliver.

Thoughtful Design and Technical Expertise. Jean Fares, P.E will be supported by Quality Control/Quality Assurance (QC/QA) manager, Naomi Germain, P.E., T.E., who specializes in active transportation planning, design projects, and recently completed Peer Review for Palm Springs of the Coachella Valley (CV) Link Project. Together, they will work closely with planner, Maya Bouchet, AICP, and civil engineering lead, Frank Hoffmann, P.E., to develop a cohesive design marrying data-driven planning, traffic engineering principles, and civil project elements. We take pride in our understanding of design standards and creative problem solving. When we make decisions, we think several steps ahead, considering impacts on the community, permitting process, construction, and long-term maintenance.

Collaboration and Consensus Building. We are proactive in our outreach approach and know that community feedback will be an integral part of every stage of this project. Community feedback will be integrated into the project’s planning and design to build a successful future for South Palm Canyon Drive.

As the project manager and your primary point of contact, I am personally committed to working closely with you to deliver a successful project. My team and I will be responsive, effective, and deliver high quality results. We appreciate the opportunity to submit this proposal, and we are excited about the opportunity to partner further with the City of Palm Springs. Should you have any questions regarding our proposal, please contact me at 213.354.9402 or via email at [email protected].

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Jean B. Fares, P.E. – Project Manager
Item 1X - Page 11
City of Palm Springs 2

PROJECT UNDERSTANDING
The City of Palm Springs is a vibrant community in the Coachella Valley, known as a relaxation destination with natural hot springs, golf courses, hotels, restaurants, renowned architecture, and ideal weather. There are many residents who call Palm Springs home, with a permanent resident population of nearly 45,000 people. The desirability to live in this area continues to grow, further emphasizing the need to invest in the transportation network.

Palm Springs is committed to creating safe, healthy, and sustainable complete streets. In 2021, the City released its Pedestrian Plan, which outlined priority areas for pedestrian improvements. Residents provided the following input on South Palm Canyon:
• Motorists speed along the roadway causing unsafe environment for pedestrians • There are few pedestrian crossings between E. Ramon Rd to Southern City Boundary; traffic signals are placed far apart, which creates challenges for pedestrians crossing S. Palm Canyon Dr. • Sidewalk infrastructure is absent between Cantina Wy and Avenida Granada • South of the intersection Avenida Granada, along S. Palm Canyon Dr, the lane geometry abruptly changes from 4 travel lanes to 2 lanes
These concerns present opportunities for improvement through South Palm Canyon Drive Road Reconfiguration Project. The Project will examine potential safety enhancements and bicycle lane configurations for the corridor. Bicycle facilities can help connect these residential communities to other parts of the City. Bicycle lane treatments will be examined using a quantitative and qualitative approach in the Traffic Corridor Study to determine the most suitable option.

The curb-to-curb width of South Palm Canyon Drive varies throughout the project limits but is mostly 64 feet. At the section between Acanto Drive and Bogart Trail, the road narrows to approximately 36 feet. This constrained section of the roadway borders residential areas and tribal lands. This requires a thoughtful and creative approach to bicycle facility design. Safety is paramount, while every inch of roadway needs a purpose. The City needs a well-rounded team of experts that can address this challenge with a cohesive design that establishes harmony among often competing transportation modes. This process will marry technical knowledge, visionary creativity, and community collaboration to create a project that the City will be proud to showcase for its transportation system users.

PROJECT APPROACH
Our approach to the South Palm Canyon Drive Road Reconfiguration Project is made of three focus areas: outreach, planning, and design.

Outreach will be important and iterative, taking place at every milestone of the project. Community feedback will be essential to the success of the project, especially as the corridor encapsulates residential, commercial, and educational land uses. Community feedback will be integrated into the technical project components and used to mold the design of the selected alternative. Engaging the public early and frequently will help build consensus around the most suitable alternative. Engagement strategies through inperson and virtual platforms addressing the community needs will be considered. Engagement methods will offer equitable and meaningful participation from all levels of stakeholders.

Planning will be the visionary and data-driven foundation for the project. Under the traffic corridor study, turning movement counts (TMCs) and parking counts will be collected and analyzed to understand the level of service (LOS) and parking utilization. Modeling will be conducted to show potential safety benefits for each alternative.

Item 1X - Page 12
City of Palm Springs 3
The following alternatives will be considered in the Traffic Corridor Study:

1. Class II Two-Way Cycle Track Bike Lanes with Parking

2. Class II Separated Bike Lanes with On-Street Parking

3. Class II Separated Bike Lanes without On-Street Parking Our traffic corridor study will show the different cross-sections of each of the proposed alternative and will summarize the results of our data analysis. Figure 1 on the following page illustrates example cross-sections that may be included in the traffic corridor study. The study will summarize outputs from our community outreach and will help establish the selected alternative for conceptual design.

Design will build on the planning and outreach efforts, using these earlystage efforts to understand the existing conditions, physical constraints, and community preferences. We will draw from our extensive experience working with the City to develop layout plans and to determine the conceptual design. We understand the City’s formatting preferences, design standards, and permitting processes, which will eliminate a learning curve and reduce unnecessary delays.

Our approach to design will be built on the following pillars:

1.) Develop a design that balances modes and is consistent with the community’s vision.

Outreach is an integral part of this project. Our design approach will consider community feedback and the results of our traffic corridor study. We will draw from our experience designing bike lanes to develop an inclusive design that does not sacrifice the mobility of one user for another. Lane reductions will be analyzed and selected carefully, understanding that these design decisions have impacts on the community and neighboring residents.

2.) Think creatively while thoughtfully applying design standards and using our technical knowledge.

Under this project, we will continue to think several steps ahead, including consideration of the coordination that may be required with City departments, outside agencies, and utility companies. We have completed several civil and traffic design projects in the City of Palm Springs, eliminating any learning curve. Additionally, we will draw from our robust experience in active transportation planning and design to carefully make design decisions.

3.) Be visionary, developing a showcase project for current and future generations.

Practicality and technical competence are critical to successful design but should not overshadow creativity. Proposed enhancements will incorporate community input to bring about a cohesive aesthetic for the corridor. Providing community-specific design solutions, that provide long-term results, is a skill our team is thrilled to bring to the table for the City of Palm Springs.

We have developed a context map (shown in Figure 1) showing existing conditions of South Palm Canyon Drive. Cross sections show the lane configurations of these different alternatives and their approximate curb-to-curb width.

Item 1X - Page 13
36’ 36’ 36’
Existing Conditions Option 1: Two-Way Cycle Track Option 2: Class II Bike Lanes

S PALM CANYON DRIVE

CODY CT
Section A-A: Acanto Drive to Bogert Trail
City of Palm Springs
FIGURE 1 - PROJECT LIMITS
A
A

SOUTH PALM CANYON DRIVE

ROAD RECONFIGURATION PROJECT
Item 1X - Page 14

E ORO PRADO

W CAMINO ENCANTO

S PALM CANYON DRIVE
Section B-B: Bogert Trail to West El Portal
City of Palm Springs
64’ 64’ 64’ 64’
FIGURE 1 - PROJECT LIMITS
Existing Conditions Option 2: Class II Bike
Lanes with Parking
Option 1: Two-Way Cycle
Track with Parking
Option 3: Class II Bike
Lanes without Parking
B
B

SOUTH PALM CANYON DRIVE

ROAD RECONFIGURATION PROJECT
Item 1X - Page 15
Existing Conditions Option 2: Class II Bike
Lanes with Parking
56’ 56’ 56’ 56’
Option 1: Two-Way Cycle
Track with Parking
Option 3: Class II Bike Lanes
without Parking

S PALM CANYON DRIVE

BALI DR

TIKI DR

CANYON ROCK RD
Section C-C: West El Portal to Highway 118
City of Palm Springs
FIGURE 1 - PROJECT LIMITS
C
C

SOUTH PALM CANYON DRIVE

ROAD RECONFIGURATION PROJECT
Item 1X - Page 16
City of Palm Springs 7

SCOPE OF SERVICES
Kimley-Horn will provide the services specifically set forth below:

Task 1: Project Management and Coordination
Kimley-Horn will schedule a project kick-off meeting with the City of Palm Springs to discuss the scope of work, project schedule, establish communication protocols, and request project standards such as title block and as-built plans for the project. The City will identify who from their staff should attend the meeting. Kimley-Horn will provide project management services for the project as follows:
• Attend up to six (6) progress meetings with the City. Half of the meetings will be in person and half will be virtual. • Preparing meeting agendas and minutes, including action items and data requests • Coordination and discussions with City departments
• Submitting monthly invoices
• Maintain project schedule
Task 1 Submittals:
• Project schedule
• Up to six (6) meeting agendas and minutes
• Up to six (6) monthly invoices and progress reports
Task 2: Existing Conditions and Preliminary Engineering Task 2.1: Field Work and Base Map Preparation
Kimley-Horn will perform a field review of observable conditions within the project limits identified in Table 1. We will collect field notes for the preparation of signing and striping plans consisting of street geometrics, lane configurations, lane widths, digital photographs, and inventory and location of existing facilities. We will obtain readily available as-builts plans from the City. KimleyHorn will compile the results of the field investigation and as-builts into a CAD base file.

Table 1 – Project Limits
Street From To
S Palm Canyon Drive Acanto Drive E Palm Canyon Drive
Task 2.1 Submittals:
• Field notes in PDF format
• Field photos in JPEG or PNG format
Task 2.2: Environmental Clearance
Based on the information provided, Kimley-Horn anticipates project would seek California Environmental Quality Act (CEQA) clearance under a Class 4 Categorical Exemption. Kimley-Horn will prepare a memorandum to support the Project’s CEQA clearance using the Class 4 Categorical Exemption. The memorandum will provide a brief project description, summary of the findings, and citations to the CEQA Guidelines.

Kimley-Horn will respond to one set of consolidated comments from the City on the Categorical Exemption. Kimley-Horn will revise and resubmit the Categorical Exemption. After the City has approved the Categorical Exemption, Kimley-Horn will prepare and provide the final Categorical Exemption.

Kimley-Horn will assist the City with preparing the Notice of Exemption (NOE) for the Project. Kimley-Horn will post the NOE with the Riverside County Clerk and the State Clearinghouse through CEQANet.

This task assumes up to three (3) rounds of submittals at First, Second, and Final. This task assumes up to one (1) round of Item 1X - Page 17
City of Palm Springs 8
consolidated comments following the First and Second Submittal.

Task 2.2 Submittals:
• First Submittal
o One (1) Draft NOE to the City in Word and PDF format
• Second Submittal
o One (1) Revised NOE to the City in Word and PDF format • Final Submittal
o One (1) Final NOE to the City, State Clearinghouse, and Riverside County Clerk’s Office in PDF format Task 2.3: Traffic Corridor Study
Kimley-Horn will perform a traffic corridor study of the existing roadway segments, lane configurations, and pedestrian and bikeway facilities. The study will analyze the feasibility of eliminating right-turn and left-turn lanes, the feasibility of implementing Class II Bike Lane or two-way cycle track by repurposing traffic lanes (i.e., road diet/lane reduction).

A Level of Service (LOS) analysis for signalized intersections and street segments for pre- and post-implementation of bicycle facilities will be conducted under the following scenarios:
• Existing (2024)
• Existing + Project (2024)
• Future (2040)
• Future + Project (2040)
Kimley-Horn will collect turning movement counts during the morning and evening peak hours and will create a Synchro model for the corridor to analyze the LOS for the corridor.

The study will also include a Safety Benefit Analysis including estimated reduction of collisions over a 20-year period and estimated benefit to cost ratio.

A parking utilization study will be conducted to understand the impact of implementing bicycle facilities on parking.

This task assumes up to three (3) rounds of submittals at First, Second, and Final. This task assumes up to one (1) round of consolidated comments following the First and Second Submittal.

Task 2.3 Submittals:
• First Submittal
o One (1) Draft Traffic Corridor Study in PDF format
• Second Submittal
o One (1) Revised Traffic Corridor Study in PDF format
• Final Submittal
o One (1) Final Traffic Corridor Study in PDF format
Item 1X - Page 18
City of Palm Springs 9
Task 3: Community Outreach
Task 3.1: Community Tools and Materials
The team will draft and design a series of informational materials and help with the following resources:
• Branding – In collaboration with the City, project branding will be developed. Once branding is established, it will be used on outreach resources to help create project identity and awareness. Branding will include one PowerPoint template, one fact sheet template, and one Word template. This task assumes one round of consolidated comments. • Overview Fact Sheet – A project information sheet (a “one-pager”) will be developed to offer project background details, map, illustrations, schedule, and contact information. This task assumes that up to two rounds of consolidated comments will be provided on the fact sheet.
• ADDED VALUE Interactive Project Map – Kimley-Horn can prepare an interactive map of the project corridor showing proposed design features. This map can be provided to the City in PDF format, which will allow for public comment. This task assumes that the City will be responsible for posting the interactive map on their website. This task assumes up to two (2) revisions will be provided on the Interactive Map during project development. • Meeting Notices / Door Hangers – Kimley-Horn will develop notices and door hangers. This task assumes that up to four (4) notices will be provided.
• Electronic notification – Eblasts and sign-in sheets, agendas, and presentation materials will be prepared. We assume up to four e-blasts, sign-in sheets, agendas, and presentations will be provided. • Stakeholder Database – The team will assist with providing to the City’s stakeholders database, including new contacts generated through public engagement activities and received comments.

Task 3.1 Submittals:
• Develop project branding, a fact sheet, and public notification • Document new stakeholder contacts for stakeholder database Task 3.2: In-Person Community Meetings
Kimley-Hom will work with City staff to host up to four (4) public meetings in the City of Palm Springs, with an online option, to introduce the project and collect feedback from the public on their design alternatives preferences. The team will prepare a presentation outlining the project goals and existing conditions findings.

Task 3.2 Submittals:
• Up to four (4) community meetings with an online option, including o Support staff, agendas, presentations, participant lists, and event photos • Up to four (4) meeting summaries to be shared after the community meeting with project team Task 3.3: In-Person City Council Meetings
Kimley-Horn will prepare and present at two (2) in-person City Council Meetings to provide project background, design alternatives, community outreach, and answer City Council questions. Kimley-Horn will provide digital project materials for the meeting.

Task 3.3 Submittals:
• Up to two (2) City Council Meeting Presentations
Task 3.4: Conceptual Project Illustrations
Kimley-Horn will prepare up to four submittals of a conceptual level illustration / rendering for a non-technical audience. The illustration will depict potential cross section designs from the traffic corridor study in Task 2.4 and feedback from Community Meetings in Task 2.4. The final exhibit will be used as the basis for design in Task 4.

Item 1X - Page 19
City of Palm Springs 10
Task 3.4 Submittals:
• First Submittal
o One (1) Conceptual Illustration / Rendering
• Second Submittal
o One (1) Conceptual Illustration / Rendering
• Third Submittal
o One (1) Conceptual Illustration / Rendering
• Final Submittal
o One (1) Conceptual Illustration / Rendering
Task 4: Plans, Specifications, and Opinion of Probable Construction Cost (OPCC) Kimley-Horn will prepare Signing and Striping Plans, Specifications, and Opinions of Probable Construction Costs (OPCC) within the project limits identified in Table 1.

The Signing and Striping Plans will show existing striping configurations to remain or be removed and proposed striping configurations. The plans will be prepared in accordance with Caltrans Standards Plans (amended by City), the Manual on Uniform Traffic Control Devices, Palm Springs Standard Plans and Specifications, and will be prepared at 40-scale (1” = 40’) on full-size, 24” x 36” sheets using AutoCAD 2024 version drafting software.

Kimley-Horn will prepare Technical Specifications, Bid Schedule, and an Opinion of Probable Construction Cost (OPCC) for bidding.

The Technical Specifications and Bid Schedule will be developed consistent with City format. Quantities for the Bid Schedule and the OPCC will be derived from the Signing and Striping Plans. The OPCC will be developed for the project using recent contractor bids, provided in a line-item format, and only use lump sum for items where appropriate (i.e. traffic control, mobilization).

Task 4.1: 60% PS&E Design
60% PS&E Design Plans will be provided for stakeholder review, and we anticipate the following documents to be prepared:
• Prepare the Signing and Striping Plans Title Sheet and General Notes • Prepare the OPCC
Task 4.2: 90% PS&E Design
After receiving one set of consolidated 60% plan check comments, Kimley-Horn will review and revise the plans. Upon City direction, Kimley-Horn will develop the 90% PS&E Design with the following subtasks:
• Incorporate 60% consolidated submittal comments
• Revise the Signing and Striping Plans and OPCC
• Prepare the Project Technical Specifications
• Coordinate and submit plans to third party agency if required for review prior Task 4.3: Final 100% PS&E Design
After receiving one set of consolidated 90% plan check comments, Kimley-Horn will review and revise the plans. Upon City approval and direction, Kimley-Horn will develop the Final 100% PS&E Design with the following subtasks:
• Incorporate 90% consolidated submittal comments
• Finalize the Signing and Striping Plans, Technical Specifications, and OPCC • Sign and Seal Plans by a California licensed Civil Engineer Item 1X - Page 20
City of Palm Springs 11
Task 4 Submittals:
• First Submittal
o One (1) 60% Signing and Striping Plans in PDF format
o One (1) 60% OPCC in Excel and PDF format
• Second Submittal
o One (1) 90% Signing and Striping Plans in PDF format
o One (1) 90% Technical Specifications in Word and PDF format o One (1) 90% OPCC in Excel and PDF format
• Final Submittal
o One (1) 100% Signing and Striping Plans in DWG and PDF format o One (1) 100% Technical Specifications in Word and PDF format o One (1) 100% OPCC in Excel and PDF format
Task 5: Bidding Phase Support
Kimley-Horn will support the City during the bidding and construction phase of the project. Kimley-Horn will attend the pre-bid meeting and assist City staff in answering pre-bid question, and interpretations of the plans and specifications. Kimley-Horn will respond to Request for Information (RFI) during the bidding process. This task assumes to up to 10 hours of total effort.

Task 6: Construction Phase Support
Kimley-Horn will review contractor bids and make recommendations to the City. Kimley-Horn will review construction material submittals and traffic control plans provided by the Contractor. Kimley-Horn will participate in field meetings, job walks, and site investigations. Kimley-Horn will respond to Request for Information (RFI) during construction. This task assumes up to 30 hours of total effort.

ASSUMPTIONS
• Utility company’s fees and Agencies’ permit fees are not included • Topographic survey is not included
• Traffic signal loops needing to be recut will be shown on Signing and Striping Plans • Utility potholing is not included

ADDITIONAL SERVICES
Any services not specifically described in the above scope, as well as any changes in the scope the City requests, will be considered Additional Services. Additional Services we can provide, if requested, include the following:
• Preparation of Traffic Control Plans
• Preparation of Traffic Signal Modification Plans
• Preparation of Before-and-After Simulation Video
Item 1X - Page 21
City of Palm Springs 12

SCHEDULE
We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed-to schedule. Table 2 shows a proposed project schedule per task:

Table 2 - Project Schedule

Item 1X - Page 22
City of Palm Springs 13

FEE AND BILLING
Kimley-Horn will perform the services described in Tasks 1-6 in the Scope of Services for a lump sum fee as described in Table 3.

Individual task amounts are informational only.

Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services completed or actual services performed and expenses incurred as of the invoice date.

Table 3 – Cost Breakdown by Task
Labor Tasks Fee
Task 1: Project Management and Coordination $19,700
Task 2: Existing Conditions and Preliminary Engineering $57,100 Task 3: Community Outreach $84,700
Task 4: Plans, Specifications, and Opinion of Probable Construction Cost (OPCC) $64,400 Task 5: Bidding Phase Support $2,900
Task 6: Construction Phase Support $8,300
TOTAL $237,100
Item 1X - Page 23
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc.,
protected under U.S. copyright law. Copyright © 2024
Kimley-Horn and Associates, Inc.

CONTACT:

JEAN FARES, P.E.

[email protected] 213.354.9402
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
www.kimley-horn.com
Item 1X - Page 24
Attachment C
Item 1X - Page 25

PROPOSAL FOR

RACQUET CLUB ROAD

RECONFIGURATION PROJECT
Item 1X - Page 26
City of Palm Springs 1
January 31, 2024
Francisco J. Jaime, P.E.

Principal Civil Engineer
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposal for Traffic and Civil Engineering Services - Racquet Club Road Reconfiguration Project Dear Mr. Jaime:

The City of Palm Springs (City) is seeking a qualified outreach, planning, and engineering consulting team to expand its complete streets network through the Racquet Club Road Reconfiguration Project. Kimley-Horn understands the City’s goals to enhance safety while balancing the varying needs of many travel modes. This 3-mile-roadway segment is an opportunity to enhance quality of life by connecting residents to major parts of the City through bicycle and pedestrian facilities. The Kimley-Horn Team offers the following benefits:

Thoughtful Design and Technical Expertise. Jean Fares, P.E will be supported by Quality Control/Quality Assurance (QC/QA) manager, Naomi Germain, P.E., T.E., who specializes in active transportation planning, design projects, and recently completed Peer Review for Palm Springs of the Coachella Valley (CV) Link Project. Together, they will work closely with planner, Maya Bouchet, AICP and civil engineering lead, Frank Hoffmann, P.E. to develop a cohesive design marrying data-driven planning, traffic engineering principles, and civil project elements. We take pride in our understanding of design standards and creative problem solving. When we make decisions, we think several steps ahead, considering impacts on the community, permitting process, construction, and long-term maintenance.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Jean B. Fares, P.E. – Project Manager
Item 1X - Page 27
City of Palm Springs 2

Palm Springs is committed to creating safe, healthy, and sustainable complete streets. In 2021, the City released its Pedestrian Plan, which outlined priority areas for pedestrian improvements. Racquet Club Road is a high priority area for pedestrian improvements, specifically calling out a lane reduction from a 4-lane road to a 3-lane road. During outreach for the Pedestrian Plan, community members communicated the following:
• ‘People use Racquet Club Road to get to the trailhead at the [western] terminus, however, the roadway does not have any sidewalk infrastructure, as a result pedestrians have to share the road with motorists.’ • “At night, the neighborhood adjacent to the roadway is dark; this presents visibility concerns for pedestrians walking at night. However, residents in the neighborhood like the darkness.” The Racquet Club Road Reconfiguration Project is an opportunity to close this pedestrian gap, while introducing potential bicycle facilities, visibility enhancements, and remaining sensitive the local context. These facilities can help connect residential communities, schools, and commercial areas like the Sunrise Square Shopping Center. The City has already jumpstarted these efforts with introducing a chicane design near the western terminus of Racquet Club Road.

This project presents the opportunity to build on these efforts through the evaluation of reducing travel lanes and adding a Class II Bike Lane while maintaining parking. There is currently a speed feedback sign at Racquet Club Road and Ave Caballeros (westbound) where we have observed drivers slowing down to meet speed limits. Traffic calming strategies may be considered along the corridor to better manage speeding.

Racquet Club Road, between N Palm Canyon Drive to N Farrell Drive continuing to E Vista Chino has a curb-to-curb width of 64 feet.

Between Leonard Road and the western terminus, Racquet Club Road has a curb-to-curb width of 28 feet. This requires a thoughtful and creative approach to bicycle facility design. Safety is paramount, while every inch of roadway needs a purpose. Our role is to help the City develop a design that balances pedestrian access, vehicular traffic, bicycle mobility, and parking facilities within this roadway. The City needs a well-rounded team of experts that can address this challenge with a cohesive design that establishes harmony among often competing transportation modes. This process will marry technical knowledge, visionary creativity, and community collaboration to create a project that the City will be proud to showcase for its transportation system users.

PROJECT APPROACH
Our approach to the Racquet Club Road Rehabilitation Project is made of three focus areas: outreach, planning, and design.

Item 1X - Page 28
City of Palm Springs 3
The following alternatives will be considered in the Traffic Corridor Study:

1. Class II Two-Way Cycle Track Bike Lanes

2. Class II Separated Bike Lanes with On-Street Parking

Design will build on the planning and outreach efforts, using these early-stage efforts to understand the existing conditions, physical constraints, and community preferences. We will draw from our extensive experience working with the City to develop layout plans and to determine the conceptual design. We understand the City’s formatting preferences, design standards, and permitting processes, which will eliminate a learning curve and reduce unnecessary delays.

Our approach to design will be built on the following pillars:

1.) Develop a design that balances modes and is consistent with the community’s vision.

2.) Think creatively while thoughtfully applying design standards and using our technical knowledge.

3.) Be visionary, developing a showcase project for current and future generations.

We have developed a context map (shown in Figure 1) showing existing conditions of Racquet Club Road. Cross sections show the lane configurations of these different alternatives and their approximate curb-to-curb width.

Item 1X - Page 29

RACQUET CLUB ROAD

N ZANJERO RD
Section A-A: N Palm Canyon Dr to Indian Canyon Dr
City of Palm Springs
64’ 64’ 64’ 64’
FIGURE 1 - PROJECT LIMITS
Option 2: Class II Bike
Lanes with Parking
Existing Conditions Option 3: Class II Bike Lanes
without Parking
Option 1: Two-Way Cycle Track
A
A

RACQUET CLUB ROAD

ECONFIGURATION PROJECT
Item 1X - Page 30

RACQUET CLUB ROAD

N HERMOSA DRN PASEO DE ANZA
Section B-B: Indian Canyon Dr to E Vista Chino
City of Palm Springs
64’ 64’ 64’ 64’
FIGURE 1 - PROJECT LIMITS
Existing Conditions
B
B
Option 2: Class II Bike
Lanes with Parking
Option 3: Class II Bike Lanes
without Parking
Option 1: Two-Way Cycle Track

RACQUET CLUB ROAD

ECONFIGURATION PROJECT
Item 1X - Page 31
28’ 28’ 28’
Existing Conditions Option 1: Two-Way Cycle Track Option 2: Class II Bike Lane

RACQUET CLUB ROAD N LEONARD RD

N PALERMO DR
Section 1-1: Tuscany Heights Dr to N Cardillo Ave
City of Palm Springs
FIGURE 1 - PROJECT LIMITS
1 1

RACQUET CLUB ROAD

ECONFIGURATION PROJECT
Item 1X - Page 32
40’ 40’ 40’
Existing Conditions Option 1: Two-Way Cycle Track Option 2: Class II Bike Lanes

RACQUET CLUB ROAD

N CARDILLO AVE

N JUNIPERO AVE

N VIA MONTE VISTA
Section 2-2: N Cardillo Ave to N Junipero Ave
City of Palm Springs
FIGURE 1 - PROJECT LIMITS
2 2

RACQUET CLUB ROAD

ECONFIGURATION PROJECT
Item 1X - Page 33
City of Palm Springs 8

SCOPE OF SERVICES
Kimley-Horn will provide the services specifically set forth below:

Table 1 – Project Limits
Street From To
W Racquet Club Road N Palm Canyon Drive Indian Canyon Drive E Racquet Club Road Indian Canyon Drive N Farrell Drive N Farrell Drive E Racquet Club Road E Vista Chino
Task 2.1 Submittals:
• Field notes in PDF format
• Field photos in JPEG or PNG format
Task 2.2: Environmental Clearance
Based on the information provided, Kimley-Horn anticipates project would seek California Environmental Quality Act (CEQA) clearance under a Class 4 Categorical Exemption. Kimley-Horn will prepare a memorandum to support the Project’s CEQA clearance using the Class 4 Categorical Exemption. The memorandum will provide a brief project description, summary of the findings, and citations to the CEQA Guidelines.

Item 1X - Page 34
City of Palm Springs 9
This task assumes up to three (3) rounds of submittals at First, Second, and Final. This task assumes up to one (1) round of consolidated comments following the First and Second Submittal.

Task 2.2 Submittals:
• First Submittal
o One (1) Draft NOE to the City in Word and PDF format
• Second Submittal
o One (1) Revised NOE to the City in Word and PDF format • Final Submittal
o One (1) Final NOE to the City, State Clearinghouse, and Riverside County Clerk’s Office in PDF format Task 2.3: Traffic Corridor Study
Kimley-Horn will perform a traffic corridor study of the existing roadway segments, lane configurations, and pedestrian and bikeway facilities. The study will analyze the feasibility of eliminating right-turn and left-turn lanes, the feasibility of implementing Class II Bike Lanes or two-way cycle track by repurposing traffic lanes (i.e., road diet/lane reduction).

The study will also include a Safety Benefit Analysis including estimated reduction of collisions over a 20-year period and estimated benefit to cost ratio.

A parking utilization study will be conducted to understand the impact of implementing bicycle facilities on parking.

This task assumes up to three (3) rounds of submittals at First, Second, and Final. This task assumes up to one (1) round of consolidated comments following the First and Second Submittal.

Task 2.3 Submittals:
• First Submittal
o One (1) Draft Traffic Corridor Study in PDF format
• Second Submittal
o One (1) Revised Traffic Corridor Study in PDF format
• Final Submittal
o One (1) Final Traffic Corridor Study in PDF format
Item 1X - Page 35
City of Palm Springs 10
Task 3: Community Outreach
Task 3.1: Community Tools and Materials Database
The team will draft and design a series of informational materials and help with the following resources:
• Branding – In collaboration with the City, project branding will be developed. Once branding is established, it will be used on outreach resources to help create project identity and awareness. Branding will include one PowerPoint template, one fact sheet template, and one Word template. This task assumes one round of consolidated comments. • Overview Fact Sheet – A project information sheet (a “one-pager”) will be developed to offer project background details, map, illustrations, schedule, and contact information. This task assumes that up to two rounds of consolidated comments will be provided on the fact sheet.
• ADDED VALUE Interactive Project Map – Kimley-Horn can prepare an interactive map of the project corridor showing proposed design features. This map can be provided to the City in PDF format, which will allow for public comment. This task assumes that the City will be responsible for posting the interactive map on their website. This task assumes up to two (2) revisions will be provided on the Interactive Map during project development. • Meeting Notices / Door Hangers – Kimley-Horn will develop notices and door hangers. This task assumes that up to four (4) notices will be provided.
• Electronic notification – Eblasts and sign-in sheets, agendas, and presentation materials will be prepared. We assume up to four e-blasts, sign-in sheets, agendas, and presentations will be provided. • Stakeholder Database – The team will assist with providing to the City’s stakeholders database, including new contacts generated through public engagement activities and received comments.

Task 3.1 Submittals:
• Develop project branding, a fact sheet, and public notification • Document new stakeholder contacts for stakeholder database Task 3.2: In-Person Community-Based Meeting
Kimley-Hom will work with City staff to host up to four (4) public meetings in the City of Palm Springs, with an online option, to introduce the project and collect feedback from the public on their design alternatives preferences. The team will prepare a presentation outlining the project goals and existing conditions findings.

Task 3.3 Submittals:
• Up to two (2) City Council Meeting Presentations
Task 3.6: Conceptual Project Illustrations
Kimley-Horn will prepare up to four submittals of a conceptual level illustration / rendering for a non-technical audience. The illustration will depict potential cross section designs from the traffic corridor study in Task 2.4 and feedback from Community Meetings in Task 2.4. The final exhibit will be used as the basis for design in Task 4.

Item 1X - Page 36
City of Palm Springs 11
Task 3.6 Submittals:
• First Submittal
o One (1) Conceptual Illustration / Rendering
• Second Submittal
o One (1) Conceptual Illustration / Rendering
• Third Submittal
o One (1) Conceptual Illustration / Rendering
• Final Submittal
o One (1) Conceptual Illustration / Rendering
Task 4: Plans, Specifications, and Opinion of Probable Construction Cost (OPCC) Kimley-Horn will prepare Signing and Striping Plans, Specifications, and Opinions of Probable Construction Costs (OPCC) within the project limits identified in Table 1.

Kimley-Horn will prepare Technical Specifications, Bid Schedule, and an Opinion of Probable Construction Cost (OPCC) for bidding.

Task 4.1: 60% PS&E Design
60% PS&E Design Plans will be provided for stakeholder review, and we anticipate the following documents to be prepared:
• Prepare the Signing and Striping Plans Title Sheet and General Notes • Prepare the OPCC
Task 4.2: 90% PS&E Design
After receiving one set of consolidated 60% plan check comments, Kimley-Horn will review and revise the plans. Upon City direction, Kimley-Horn will develop the 90% PS&E Design with the following subtasks:
• Incorporate 60% consolidated submittal comments
• Revise the Signing and Striping Plans, Technical Specifications, and OPCC • Coordinate and submit plans to third party agency if required for review prior Task 4.3: Final 100% PS&E Design
After receiving one set of consolidated 90% plan check comments, Kimley-Horn will review and revise the plans. Upon City direction, Kimley-Horn will develop the final 100% PS&E Design with the following subtasks:
• Incorporate 90% consolidated submittal comments
• Finalize the Signing and Striping Plans, Technical Specifications, and OPCC • Sign and Seal Plans by a California licensed Civil Engineer Task 4 Submittals:
• First Submittal
o One (1) 60% Signing and Striping Plans in PDF format
o One (1) 60% OPCC in Excel and PDF format
Item 1X - Page 37
City of Palm Springs 12
• Second Submittal
o One (1) 90% Signing and Striping Plans in PDF format
o One (1) 90% Technical Specifications in Word and PDF format o One (1) 90% OPCC in Excel and PDF format
• Final Submittal
o One (1) 100% Signing and Striping Plans in DWG and PDF format o One (1) 100% Technical Specifications in Word and PDF format o One (1) 100% OPCC in Excel and PDF format
Task 5: Bidding Phase Support
Kimley-Horn will support the City during the bidding and construction phase of the project. Kimley-Horn will attend the pre-bid meeting and assist City staff in answering pre-bid question, and interpretations of the plans and specifications. Kimley-Horn will respond to Request for Information (RFI) during the bidding process. This task assumes to up to 10 hours of total effort.

Optional Tasks Requested by the City
If requested by the City, Kimley-Horn will provide the following optional services along the additional project segment below:

1. W Racquet Club Road from Tuscany Height Drive to N Palm Canyon Drive Optional Task 7: Little Tuscany Complete Streets Design Optional Task 7.1: In-Person Community-Based Meeting
Kimley-Hom will work with City staff to host up to three (3) public meetings in the City of Palm Springs, with an online option, to introduce the project and collect feedback from the public on their design alternatives preferences. The team will prepare a presentation outlining the project goals and existing conditions findings.

Optional Task 7.1 Submittals:
• Up to three (3) community meetings with an online option, including o Support staff, agendas, presentations, participant lists, and event photos • Up to three (3) meeting summaries to be shared after the community meeting with project team Optional Task 7.2: Supplemental Site Topographic Survey Kimley-Horn will complete aerial drone mapping of the project area from along E Racquet Club Road from Tuscany Heights Drive (+/- 2000 linear feet) to N Leonard Road. Kimley-Horn’s in-house aerial mapping system utilizes drone images in combination with ground control points. The ground control points will be set based at 200 feet intervals. An aerial drone will be used to take approximately 1800 aerial images from 150 feet above ground with an overlap and sidelap of 90 percent. Using ESRI’S SITESCAN software, the field data will be processed into Orthomosaics with 1-foot contour mapping at 20-scale (1” = 20’). The drone mapping will be supplemented by terrestrial survey of the edge of pavement at 50 feet intervals.

Optional Task 7.2 Submittals:
• Aerial Topographic Survey with 1-foot contours in DWG and PDF format Item 1X - Page 38
City of Palm Springs 13
Optional Task 7.3: Utility Coordination
Kimley-Horn will notify utility owners provided by City staff within the limits of the Project. We will coordinate with utility agencies to obtain available right-of-way information, existing and proposed underground utilities, which may interfere with sidewalk improvements. Utility information received from utility companies will be included in the project base plans. Kimley-Horn will compile the utility information in a matrix format to include dates of notification, person/utility notified, and responses received from each utility company. Copies of this information will be updated upon completion and provided to the City during progress meetings.

Optional Task 7.3 Submittals:
• Utility Coordination Letters in PDF format
• Utility Coordination Matrix in Excel format
Optional Task 7.4: Signing and Striping Plans
The Signing and Striping Plans will show existing striping configurations to remain or be removed and proposed striping configurations. The plans will be prepared in accordance with Caltrans Standards Plans (as amended by City), the Manual on Uniform Traffic Control Devices, Palm Springs Standard Plans and Specifications, and will be prepared at 40-scale (1” = 40’) on full-size, 24” x 36” sheets using AutoCAD 2024 version drafting software.

Optional Task 7.4 Submittals:
• First Submittal
o One (1) 60% Signing and Striping Plans in PDF format
• Second Submittal
o One (1) 90% Signing and Striping Plans in PDF format
• Final Submittal
o One (1) 100% Signing and Striping Plans in PDF format Optional Task 7.5: Roadway/Civil Plans
Kimley-Horn will prepare Roadway/Civil Plans based on the Supplemental Site Topographic Survey in Task 7.2 for up to 2000 linear feet of sidewalk, curb, and gutter improvements along the project corridor from Tuscany Heights Drive to N Leonard Road. Design will be based on the City selected final lane configuration and design from The Roadway/Civil Plans will be prepared in accordance with Standard Plans for Public Works Construction (SPPWC) and Palm Springs Standard Plans and Specifications and will be prepared at 20-scale (1” = 20’) on full-size, 24” x 36” sheets using AutoCAD 2024 version drafting software.

We anticipate the following plan sheet count for the project:
• Title Sheet (One Sheet)
• Street Improvement Plan and Profile (Four Sheets)
• Typical Sections and Construction Details (Two Sheets) Optional Task 7.5 Submittals:
• First Submittal
o One (1) 60% Roadway/Civil Plans in PDF format
• Second Submittal
o One (1) 90% Roadway/Civil Plans in PDF format
• Final Submittal
o One (1) 100% Roadway/Civil Plans in PDF format
Item 1X - Page 39
City of Palm Springs 14
Optional Task 7.6: Specifications and Estimates
Kimley-Horn will prepare Technical Specifications, Bid Schedule, and an Opinion of Probable Construction Cost (OPCC) for bidding.

The Technical Specifications and Bid Schedule will be developed consistent with City format. Quantities for the Bid Schedule and the OPCC will be developed from the Design Plans. The OPCC will be developed for the project using recent contractor bids and will be provided in a line-item format and will only use lump sum for items where appropriate (i.e. traffic control, mobilization).

This task assumes up to three (3) rounds of submittals at First, Second, and Final submitted with each Design Plans Submittal. This task assumes up to one (1) round of consolidated comments following the First and Second Submittals.

Optional Task 7.6 Submittals:
• First Submittal
o One (1) 60% OPCC in Excel and PDF format
• Second Submittal
o One (1) 90% Technical Specifications in Word and PDF format o One (1) 90% OPCC in Excel and PDF format
• Final Submittal
o One (1) 100% Technical Specifications in Word and PDF format o One (1) 100% OPCC in Excel and PDF format

ASSUMPTIONS
• Utility company’s fees and Agencies’ permit fees are not included • Topographic survey is included for Optional Task 7 only • Traffic signal loops needing to be recut will be shown on Signing and Striping Plans • Utility potholing is not included

ADDITIONAL SERVICES/ASSUMPTIONS
Any services not specifically described in the above scope, as well as any changes in the scope the City requests, will be considered Additional Services. Additional Services we can provide, if requested, include the following:
• Preparation of Traffic Control Plans
• Preparation of Traffic Signal Modification Plans
• Preparation of Before-and-After Simulation Video
Item 1X - Page 40
City of Palm Springs 15

SCHEDULE
We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed-to schedule. Table 2 shows a proposed project schedule per task:

Table 2 - Project Schedule

Item 1X - Page 41
City of Palm Springs 16

FEE AND BILLING
Kimley-Horn will perform the services described in Tasks 1-6 and Optional Task 7 in the Scope of Services for a lump sum fee as described in Table 3 and Table 4. Individual task amounts are informational only.

Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services completed or actual services performed and expenses incurred as of the invoice date.

Table 4 – Cost Breakdown by Optional Task
Labor Tasks Fee
Optional Task 7: Little Tuscany Complete Streets Design $69,100 TOTAL $69,100
Item 1X - Page 42
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc.,
protected under U.S. copyright law. Copyright © 2024
Kimley-Horn and Associates, Inc.

CONTACT:

JEAN FARES, P.E.

[email protected] 213.354.9402
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
www.kimley-horn.com
Item 1X - Page 43

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF RIGHT-OF-WAY ACQUISITION AGREEMENT WITH P&A

INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,

ASSOCIATED WITH THE PALM CANYON DRIVE/INDIAN CANYON

DRIVE/CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT
NO. 20-03, APN 508-121-018
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

The City has successfully completed the right-of-way acquisition process with P&A Investments, LLC, a California limited liability company, owner of 590 South Indian Canyon Drive located on the northeast corner of Palm Canyon and Camino Parocela.

This acquisition is associated with the Palm Canyon Drive/Indian Canyon Drive/Camino Parocela Traffic Roundabout, City Project No. 20-03 (“Project”). This action will approve and authorize the City Manager to enter into the agreement allowing for acquisition of the right-of-way for the Project across this property.

RECOMMENDATION:

1. Approve Agreement for Purchase and Sale and Joint Escrow Instructions in the amount of $15,000 with P&A Investments, LLC, a California limited liability company; and,

2. Authorize the City Manager to execute all necessary documents, open escrow, and pay for escrow and title costs associated with the right-of-way acquisition; and

3. Authorize the City Manager to execute a Quitclaim Deed or such other documents as necessary to transfer the real property interests to the City of Palm Springs upon completion of the Project.

BACKGROUND:

On January 30, 2020, City Council authorized a purchase order in the amount of $236,174 for on-call civil engineering design services to Albert A. Webb Associates (Webb) to Item 1Y - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
CP20-03, Approval AOS Agreement APN 508-121-018
evaluate safety improvements and provide conceptual plans at the subject intersection as an extension of the Indian Canyon two-way Conversion Project. Webb reviewed both a signalized intersection and a roundabout approach, with the roundabout ultimately being preferred from a traffic safety perspective.

On April 22, 2021, City Council approved the conceptual roundabout drawings and directed Staff to move forward with construction drawings. Staff worked with Webb and the Planning Department to finalize design elements and landscaping details.

Based on the current design, there are a total of four (4) properties affected by the construction of the Project as shown in Figure 1 below. While none of the right-of-way (R/W) acquisitions and easements will impact the existing buildings on these properties, there are minor landscape and hardscape modifications needed.

Figure 1
STAFF ANALYSIS:

All right-of-way acquisitions were assessed by Webb’s subconsultant, Epic Land Solutions, Inc. Currently, one (1) R/W acquisition has been successfully negotiated for APN 508-121-018. The total purchase price for the partial fee acquisition is Fifteen Item 1Y - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
CP20-03, Approval AOS Agreement APN 508-121-018
Thousand Dollars ($15,000). The acquisition pertains to 411 square feet out of the total parcel square footage of 19,602. As shown in Figure 2, the affected area is highlighted in red, with no impacts to the existing building.

Figure 2
Staff recommends that City Council approve this right-of-way acquisition of Parcel APN 508-121-018 in the amount of $15,000. A copy of the Agreement for Purchase and Sale and Joint Escrow Instructions 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 public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (c), Staff has Item 1Y - Page 3
City Council Staff Report
February 29, 2024 -- Page 4
CP20-03, Approval AOS Agreement APN 508-121-018
determined that the Palm Canyon Drive/Indian Canyon Drive/Camino Parocela Traffic Roundabout, City Project No. 20-03, is considered categorically exempt from CEQA and a Notice of Exemption was filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2B “Community Infrastructure”, and the 5-Year Capital Improvement Plan.

FISCAL IMPACT:

Funding was budgeted and is available to approve the payment of $15,000 from the Capital Fund account.

REVIEWED BY:

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

A. Agreement for Purchase and Sale and Joint Escrow Instructions Item 1Y - Page 4

ATTACHMENT A
Item 1Y - Page 5
Item 1Y - Page 6

AGREEMENT FOR PURCHASE AND SALE AND

JOINT ESCROW INSTRUCTIONS

P & A INVESTMENTS, LLC
590 SOUTH INDIAN CANYON DR.

APN 508-121-018
This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into by and between City of PALM SPRINGS ("Buyer"), and P & A INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Seller"), with reference and respect to the "Recitals" set forth in paragraphs A through E below. Buyer and Seller are sometimes individually referred to herein as 11Party" and collectively as "Parties". The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement is effective when it is fully executed by the Parties (11Effective Date"). Buyer may, but need not, confirm the Effective Date to Seller as the later of the date indicated on the signature page below that (i) this Agreement has been approved as to form, executed and dated by Buyer and (ii) Seller has executed and dated this Agreement. Seller hereby agrees that if Seller has not dated this Agreement at the time Seller delivers the same to Buyer or Escrow Agent, then Buyer or Escrow Agent may date the same as of the date of delivery, and/or receipt.

RECITALS
A. Seller is the owner in fee simple of certain real property located at 590 South Indian Canyon Dr. within the City of Palm Springs, Riverside County, California, designated as Assessor Parcel Number(s) APN 508-121-018 and more particularly described in EXHIBIT 1 attached hereto and incorporated herein by this reference (11Property").

B. Buyer desires to acquire certain property interests from the Property for the construction of the Palm Springs Roundabout Project in the City of Palm Springs (11Project"). This Agreement is executed with the understanding that Buyer possesses the power of eminent domain. The real property interests Buyer seeks to acquire from the Property are described below:
(i) Right of Way Dedication. A simple fee acquisition interest on the Property for public use in connection with the Project, including right of way, roadway purposes, and related appurtenances and uses described more particularly in the Grant Deed attached as EXHIBIT 2 hereto (
11Right of Way Dedication"). The Right of Way Dedication is on that certain portion of the Property consisting of approximately 411 square feet (hereinafter referred to as the "Partial Fee Acquisition") and more fully described and depicted in EXHIBIT A and EXHIBIT B to the Right of Way Dedication , including, without limitation, any and all improvements located thereon, for the purpose of developing, constructing, operating and maintaining the Project.

C. Buyer extended to Seller a written offer dated August 3, 2023 pursuant to Government Code Section 7267.2 to purchase the Partial Fee Acquisition for the Project.

D. The Parties negotiated Buyer's purchase of the Partial Fee Acquisition and have reached an agreement regarding the terms of Buyer's purchase of the Partial Fee Acquisition. 1 Item 1Y - Page 7
E. Seller is willing to grant to Buyer the Partial Fee Acquisition, subject to the terms set forth in this Agreement. Seller and Buyer hereby acknowledge and agree that Buyer is acquiring the Partial Fee Acquisition for public use in connection with the Project, and that the Partial Fee Acquisition is necessary for the construction, operation, and/or maintenance of the Project. The Parties further agree and acknowledge that if the Parties had not reached an agreement for Buyer's purchase of the Partial Fee Acquisition. Buyers staff would have recommended that Buyer's governing body consider the adoption of a resolution of necessity authorizing the initiation of an eminent domain proceeding to acquire the Partial Fee Acquisition in accordance with the Eminent Domain Law. Buyer's governing body has the sole and exclusive discretion to make the findings required by Code of Civil Procedure section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure section 1245.220). This Agreement is not a commitment or an announcement of intent to acquire any otherreal property interests that Buyer may seek to acquire for the Project. Seller is solely responsible for consulting its tax advisors or seeking a letter ruling from the Internal Revenue Service regarding the applicability of 26 U.S.C. Section 1033 to Seller's sale of the Partial Fee Acquisition to Buyer in connection with the Project. Buyer makes no express or implied representation regarding the applicability of 26 U.S.C.

Section 1033 to this transaction.

NOW, THEREFORE, in consideration of the foregoing facts and circumstances, the covenants, agreements, representations and/or warranties contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the Parties, the Parties hereby agree as follows:

TERMS/AGREEMENT

1. PURCHASE AND SALE.

1.1 Right of Way Dedication. Seller agrees to sell to Buyer the Partial Fee Acquisition, subject to the terms and conditions set forth herein.

1.2 Purchase Price. The total purchase price for the Partial Fee Acquisition is FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) ("Purchase Price"). It is understood and agreed between the Parties that payment of the Purchase Price includes, without limitation, payment for all improvements, if any, in or on the Partial Fee Acquisition and any improvements demolished as expressly permitted by this Agreement, which improvements the Parties acknowledge and agree are considered to be part of the realty or real property and are being acquired by Buyer in this transaction and, therefore, may be removed and disposed of, without the obligation to replace or pay any consideration in addition to that set forth in this Section 1.2. Said improvements include none.

1.3 Payment of Purchase Price. At the Closing (defined in Section 2.3 below), Buyer shall pay to Seller through Escrow (defined in Section 2 below) the Purchase Price, payable in cash, by cashier's or certified check, or by wire transfer.

2. ESCROW.

2.1 Opening of Escrow. Within ten (10) business days following the Effective Date, Seller and Buyer shall open an escrow ("Escrow") for the grant of the Partial Fee Acquisition with Commonwealth ("Escrow Holder"). For purposes of this Agreement, the Escrow shall be deemed open on the first date after the Effective Date that Escrow Holder shall have received a fully-executed copy of 2 Item 1Y - Page 8
this Agreement from Buyer ("Opening of Escrow"). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened ("Opening Date").

2.2 Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of Buyer and Seller for grant of the Partial Fee Acquisition. Buyer and Seller shall execute, deliver and be bound by any reasonable and customary supplemental or additional escrow instructions (
11Additional Instructions") of Escrow Holder or other instruments as may be reasonably required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. However, any such Additional Instructions shall not conflict with, amend or supersede any portions of this Agreement unless expressly consented or agreed to in writing by both Seller and Buyer. In the event of any conflict or any inconsistency between this Agreement and such Additional Instructions, this Agreement shall govern unless otherwise specifically agreed to in writing by the Parties.

2.3 Close of Escrow. For purposes of this Agreement, 11Closing11 means the closing or close of Escrow by the recordation in the Official Records of San Bernardino County, California, of (i) a Right of Way Dedication in the form attached as EXHIBIT 2 hereto, including, without limitation, EXHIBIT

8. and EXHIBIT B thereto, which describe and depict the Permanent Partial Fee Acquisition thereto, as well as the disbursement of funds and distribution of any other documents by Escrow Holder, all as described in this Agreement. Subject to the satisfaction of the conditions precedent below, Closing is ·to occur sixty (60) days following the Opening Date (11Closing Date"); provided, however, that Closing and, therefore, the Closing Date shall be extended as provided in Section 8.6 below; and provided, further, that Closing may occur upon such earlier or later date as the Seller and Buyer mutually agree to in writing or as otherwise provided in this Agreement. Buyer and Seller may mutually agree to change the Closing Date by joint written notice to Escrow Holder. The Closing shall be conditioned upon satisfaction, or written waiver by the Party for whose benefit the condition exists, of all conditions precedent thereto. In the event the Escrow is not in a condition for the Closing to occur by the Closing Date for any reason other than the uncured breach of either Buyer or Seller, then any Party who is not then in default of the terms of this Agreement may terminate this Agreement as provided in Article 6. If no (and until a) notice of termination as provided in Article 6 is received by Escrow Holder, Escrow Holder is instructed to proceed with Closing as soon as possible.

2.4 Costs of Escrow. Because of Buyer's status as a public entity, pursuant to California Revenue and Taxation Code Section 11922, no documentary transfer tax will be payable with respect to the conveyance(s) contemplated by this Agreement. Similarly, pursuant to California Government Code Section 27383, no recording fees will be payable with respect to the recording of the Right of Way Dedication. Buyer shall pay the reasonable and customary costs of any Title Policy (defined below). Buyer shall pay the Escrow fees and any notary fees attributable to the Right of Way Dedication.

Buyer shall also pay the additional costs, if applicable, associated with any title endorsements requested by Buyer. Escrow Holder shall endeavor to provide an estimated Closing costs statement to Buyer and Seller at least three (3) days prior to the Closing Date.

2.5 Buyer's Conditions Precedent to Close of Escrow. The Closing and Buyer's obligation to acquire the Partial Fee Acquisition and pay the Purchase Price is subject to the satisfaction of the following conditions for Buyer's benefit (or Buyer's waiver thereof, it being agreed that Buyer may waive any or all of such conditions; provided, however, that the occurrence of the Closing shall not waive or release any breach of or failure to perform under this Agreement by Seller not actually known to Buyer on or prior to the Closing Date):
3 Item 1Y - Page 9

2.5.1 Seller shall have tendered into Escrow all payments, if any, and documents required of Seller pursuant to this Agreement, including the Right of Way Dedication, and any necessary Consents and Disclaimers from any persons or entities that have a right to use or possession of the Permanent Partial Fee Acquisition.

2.5.2 Seller shall have completed in a timely fashion all of Seller's obligations which are to be completed prior to the Closing as provided in this Agreement.

2.5.3 Escrow Holder shall have received an irrevocable commitment from the Title Company to issue any Title Policy required pursuant to this Agreement, subject only to the Permitted Exceptions, as set forth in more detail in Article 3 below.

2.5.4 All representations and warranties of Seller hereunder shall be true and correct as of the Effective Date and as of the Closing.

2.5.5 All property taxes and assessments attributable to the Partial Fee Acquisition to the date of Closing shall have been paid by Seller before delinquency and shall be current as of the Closing; provided, however, that, to the extent the same are available, the Purchase Price proceeds may be used to make such payments.

2.5.6 Buyer shall have approved Escrow Holder's estimated Closing costs statement; such approval shall not be unreasonably withheld, conditioned, or delayed.

2.5.7 Buyer shall have determined that the Partial Fee Acquisition are suitable for Buyer's intended use and development, as set forth in more detail in Article 4 below.

2.6 Seller's Conditions Precedent to Close of Escrow. The Closing and Seller's obligation to grant the Partial Fee Acquisition is subject to the satisfaction of the following conditions for Seller's benefit (or Seller's waiver thereof, it being agreed that Seller may waive any or all of such conditions) on or prior to the Closing Date:

2.6.1 Buyer shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement.

2.6.2 Buyer shall have completed in a timely fashion all of its obligations, which are to be completed prior to the Closing as provided in this Agreement.

2.6.3 Seller shall have approved Escrow Holder's estimated Closing costs statement.

2.7 Buyer's Payments and Documents. Not less than one (1) day prior to Closing, Buyer shall pay or tender (as applicable) to Escrow Holder the following-described funds and documents (in recordable form, as necessary or appropriate):

2.7.1 The Purchase Price.

2.7.2 Funds required to pay the Escrow fees, recording fees and notary fees attributable to the Right of Way Dedication , as well as the costs of any Title Policy, and the additional costs, if applicable, associated with any title endorsements requested by Buyer payable by Buyer pursuant to Section 2.4 of this Agreement.
4 Item 1Y - Page 10

2.7.3 Funds required to pay any additional reasonable charges customarily charged to buyers in accordance with common escrow practices in Riverside County.

2.7.4 Certificate accepting the Right of Way Dedication.

2.7.5 Such other documents and funds required of Buyer under this Agreement and, to the extent reasonable, customary or usual, by Escrow Holder in the performance of its contractual or statutory obligations.

2.8 Seller's Payments and Documents. No less than one (1) day prior to Closing, Seller shall pay or tender (as applicable) to Escrow Holder the following-described funds and documents (in recordable form, as necessary or appropriate):

2.8.1 The fully-executed and acknowledged Right of Way Dedication.

2.8.2 A FIRPTA (Foreign Investment in Real Property Tax Act) Certificate/NonForeign Status Affidavit complying with Federal laws, rules and requirements and an appropriate California Form 593 (for example, Form 593-C}; Buyer's failure to provide either instrument shall result in tax withholding, payment and the like in accordance with applicable laws, rules and regulations .

2.8.3 Such other documents and funds required of Seller under this Agreement and, to the extent reasonable, customary or usual, by Escrow Holder in the performance of its contractual or statutory obligations, including, without limitation, such instruments as are required in connection with the issuance of any Title Policy, such as a seller's statement, owner's affidavit, gap indemnity and the like.

2.9 and instructed to:

Escrow Holder Responsibilities. Upon the Closing, Escrow Holder is authorized

2.9.1 Obtain consents and subordination agreements from the holders of any liens or encumbrances sufficient to assure that the Partial Fee Acquisition is permitted and not junior or subordinate to any lien or encumbrance that, through foreclosure, could cause a loss of the easement rights represented by the Right of Way Dedication. If Seller elects to satisfy and remove any such exceptions from funds otherwise payable to Seller through Escrow, before such payments or charges are made, Escrow Holder shall notify Seller of the terms necessary to satisfy and remove such monetary liens or encumbrances, and Seller shall approve the disbursement of necessary funds.

2.9.2 Pay, and charge Buyer and/or Seller, as appropriate, for any fees, charges and costs payable under this Agreement, including, but not limited to, Sections 2.7 and 2.8 above. Before such payments or charges are made, Escrow Holder shall notify Buyer and Seller of the fees, charges and costs necessary to clear title and proceed with Closing.

2.9.3 Record the Right of Way Dedication, as well as any other instruments, as appropriate, delivered through Escrow.

2.9.4 Subject to Subsection 2.8.3 above, withhold from funds otherwise payable to Seller at Closing such amount as Buyer is required to withhold therefrom pursuant to the following: (i) California Revenue and Taxation Code Section 18662 (i.e., 3 1/3% of the total sales price) and timely submit such sums to the California Franchise Tax Board, unless Buyer is relieved of such withholding requirements under the provisions of said Section 18662; and (ii) Federal laws, rules and/or 5 Item 1Y - Page 11
regulations, including, without limitation, those identified in Subsection 2.8.2 and timely pay over such funds to the appropriate Federal agency or authority, unless Buyer is relieved of such withholding requirements under the provisions of such laws, rules and regulations by Seller's provision of (and Seller actually provides) an appropriate affidavit(s) and/or statement(s). Further, deliver to each Party copies of all such withholding forms, affidavits and/or certificates.

2.9.5 Disburse such other funds and deliver such other documents to the Party or Parties entitled thereto.

2.9.6 Cause any Title Policy to be issued.

2.10 Notices. All communications from Escrow Holder to either Buyer or Seller shall be directed to the addresses and in the manner established in Section 8.1 below for notices, demands, and communications between Buyer and Seller.

3.1 Condition ofTitle; Title Policy. It is a condition to the Closing for Buyer's benefit that the Permanent Partial Fee Acquisition be subject only to the Permitted Exceptions and that the Right of Way Dedication be superior to any lien or encumbrance that, through foreclosure or other enforcement, could cause the easements to be wiped out as a junior encumbrances. At, and as a condition of, Closing for Buyer's benefit, Commonwealth ("Title Company") shall be prepared to issue to Buyer, upon Closing, a policy of title insurance (whether a CLTA, ALTA or ALTA extended coverage policy, as determined by Buyer, the "Title Policy") in an amount equal to the Purchase Price, showing the Permanent Partial Fee · Acquisition subject only to the Permitted Exceptions, and the Right of Way Dedication, including the easements granted thereunder, as senior to any monetary lien or encumbrance that, through foreclosure or other enforcement, could cause the Right of Way Dedication , including the easement rights granted thereunder, to be wiped out. Escrow Holder shall cause Title Company to issue the Title Policy to Buyer upon the occurrence of the Closing.

3.2 Permitted Exceptions. The term "Permitted Exceptions" as used herein shall mean the following conditions and exceptions to title or possession:

3.2.1 A lien to secure payment of general and special real property taxes and assessments, not delinquent.

3.2.2 A lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code accruing on or after the Closing; provided, however, that, notwithstanding anything contained in this Agreement to the contrary, Seller shall be responsible and liable for all taxes that relate to any period priorto the Closing, including, without limitation, supplemental taxes which are not assessed or charged and/or which do not become due or owing until after the Closing.

3.2.3 Matters affecting the condition of title created by or with the consent of Buyer.

3.2.4 Other exceptions to title disclosed by the Title Report (as defined in Section 3.3 below) which have been approved in writing by Buyer prior to the Closing. 6 Item 1Y - Page 12

3.2.5 Any other exceptions to title which are or will become subordinate to the Right of Way Dedication as reflected in the Title Policy pursuant to subordination agreements acceptable to Buyer and the Title Company.

3.3 Title Report. Buyer shall endeavor to obtain and provide to Seller, within fifteen (15) calendar days following the Opening of Escrow or as soon as reasonably possible thereafter, a standard preliminary report from the Title Company, together with copies of the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the "Title Report").

4. SUITABILITY AND CONDITION OF PARTIAL FEE ACQUISITION.

4.1 Determination of Suitability and Approval of Environmental and Other · Conditions. It is a condition precedent to the Closing for Buyer's benefit that Buyer has determined that the Partial Fee Acquisition is suitable for Buyer's intended use, as determined by Buyer in its sole discretion. Prior to the Closing Date, Buyer shall determine whether the Permanent Partial Fee Acquisition is suitable and shall provide to Seller and Escrow Holder its written notice of such determination; provided, · however, that any failure of Buyer to provide notice shall be deemed approval; and, in connection with any disapproval, Buyer may, but need not, include its election to extend the Closing Date as provided in Section 8.6 below. In the event Buyer determines that the Permanent Partial Fee Acquisition is suitable, such determination by Buyer shall not alter or diminish Seller's covenants, agreements, representations and/or warranties made herein or under law, unless a representation or warranty is expressly and specifically waived in writing in whole or in part by Buyer. In the event Buyer determines that the Permanent Partial Fee Acquisition is not suitable, then Buyer may terminate this Agreement as provided in Section 6.1 below.

4.2 Inspections, Testing and Right of Entry. Prior to Closing, Buyer may conduct, at Buyer's sole expense, such inspections and testing of the Permanent Partial Fee Acquisition including, without limitation, any improvements thereon, as Buyer may desire or deem appropriate, in Buyer's sole discretion, to determine the suitability of the Permanent Partial Fee Acquisition for Buyer's intended use.

In conducting such inspections and testing; Buyer shall endeavor to minimize damage to the Permanent Partial Fee Acquisition, as well as any improvements thereon, and shall, in the event the Closing fails to occur as the result of a condition outside of Buyer's control, return the Permanent Partial Fee Acquisition including any improvements thereon, to their condition prior to the inspections and testing, except that Buyer shall have no responsibility or liability for returning the Permanent Partial Fee Acquisition to their prior condition to the extent that any change or modification resulted from (i) reasonable wear and tear, (ii) force majeure or (iii) any other cause not within the reasonable control of Buyer, including, without limitation, the acts or omissions of any person or entity other than Buyer and/or its Representatives.

Seller hereby grants to Buyer and its Representatives permission and a license to enter upon the Permanent Partial Fee Acquisition at all reasonable times prior to the Closing Date for the purpose of conducting such inspections and testing. In the event the Permanent Partial Fee Acquisition is occupied by any person(s) other than Seller, Seller shall make arrangements with such person(s) to ensure access by Buyer, including, without limitation, Buyer's Representatives, in order to conduct the inspections and testing pursuant to this Section 4.2.

5. SELLER'S ACKNOWLEDGMENT AND GENERAL RELEASE.

5.1 Full Satisfaction. Seller acknowledges that, absent the applicable waivers and releases such as those in this Agreement and in accordance with applicable provisions of California law, Seller may be entitled to the payment of relocation expenses, payments for loss of goodwill, inverse 7 Item 1Y - Page 13
condemnation, unlawful pre-condemnation conduct, severance damages, temporary losses, permanent damages and other benefits and reimbursements other than and/or in addition to those expressly provided for in this Agreement (collectively, "Benefits") in connection with Buyer's acquisition of the Permanent Partial Fee Acquisition as well as the other matters covered herein. Seller acknowledges and agrees that payment and receipt of the Purchase Price includes, without limitation, full payment of, for and with respect to the Benefits, including, without limitation, just compensation, lease bonus value, business goodwill, lost profits, furniture, fixtures and equipment, relocation expenses, precondemnation damages, severance damages, damages from claims of inverse condemnation, attorney fees, appraisal and other expert fees and costs, loss of rents, lost profits, interest, and any and all other damages that can or could be brought against the Buyer in connection with the Project or Buyer's acquisition of the Partial Fee Acquisition . The Parties expressly agree that the Purchase Price is for a complete settlement of all claims (known and unknown), causes of action and demands of Seller against Buyer because of Buyer's purchase of the Partial Fee Acquisition and for any and all claims (known and unknown) arising from or relating to .the purchase and sale which is the subject of this Agreement. Consistent with the foregoing as well as Section 9.2 below, Seller, on behalf of itself and its heirs, executors, administrators, successors and assigns, acknowledges that Buyer's performance under this Agreement constitutes full and complete satisfaction of Buyer's obligations to provide the Benefits to Seller and to compensate Seller not only for the purchase of the Partial Fee Acquisition in connection with the Project, but also for construction and/or operation of the Project.

5.2 Waivers and Releases. Seller hereby waives, to the maximum legal extent, any and all claims, demands, remedies and causes of action for damages, liabilities, losses, injuries, costs and/or expenses, including attorney fees, arising out of, resulting from or related to Buyer's acquisition of the Partial Fee Acquisition in connection with the Project, whether known or unknown, foreseeable or . unforeseeable, including, without limitation, construction and/or operation of the Project. The Parties hereto agree that this Agreement is a settlement of claims in order to avoid litigation and shall not, in any manner, be construed as an. admission of the fair market value of the Partial Fee Acquisition , or of any liability by any Party. Seller on behalf of Seller as well as Seller's heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, assigns and Representatives, and all other persons and entities, known and unknown, from any and all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of (i) Buyer's purchase of the Partial Fee Acquisition or any preliminary steps thereto or (ii) the construction and/or operation of the Project, including, without limitation, its construction, reconstruction, development, redevelopment, operation, maintenance, repair, existence and use.

5.3 California Civil Code Section 1542. Seller hereby acknowledges that it has consulted or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with, California Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Seller acknowledges that, with respect to the sale of the Partial Fee Acquisition under the Right of Way Dedication to Buyer or the construction and/or operation of the Project, Seller may have sustained damages, losses, costs and/or expenses which are presently unknown and unsuspected, and such damages, losses, costs and/or expenses which may have been sustained may give rise to additional 8 Item 1Y - Page 14
damages, losses, costs and/or expenses in the future. Nevertheless, Seller hereby represents, warrants, acknowledges and agrees that this Agreement has been negotiated and agreed upon in light of that situation, and hereby waives, to the maximum legal extent, any rights accruing to it under said Section 1542 or any other statute or judicial decision of similar effect. -rt1 ---
Seller's Initials
The foregoing acknowledgment and release shall survive the Closing as well as the recording of the Right of Way Dedication.

5.4 Notice to Others. If Seller sells, transfers, assigns or otherwise conveys the Property or any interest in the Property, Seller shall notify the purchaser, successor, assignee or other transferee of the existence and terms of this Agreement, including, without limitation, the Right of Way Dedication and the obligations, liabilities and duties as well as the rights and remedies of the Parties.

Neither Buyer nor any other person or entity shall have any obligation, liability or duty to compensate any purchaser, successor, assignee or other transferee for the interests, rights and remedies granted to or obtained by Buyer under or pursuant to this Agreement or justifying the Partial Fee Acquisition .

5.5 Waiver of Any Rights Pursuant to Code of Civil Procedure Section 1245.245. Seller has reviewed Code of Civil Procedure Section 1245.245, a copy of which is attached as EXHIBIT 3 hereto and incorporated herein by this reference. Seller expressly waives any rights that it may have pursuant to Code of Civil Procedure Section 1245.245 to re-purchase the Partial Fee Acquisition from Buyer if Buyer has not used the Partial Fee Acquisition in connection with the Project within ten (10) years ofthe sale of the Partial Fee Acquisition to Buyer.
~./_
Seller's Initials
This Section 5.5 will survive the Close of Escrow.

6. TERMINATION, DEFAULTS AND REMEDIES.

6.1 Exercise of Rights to Terminate. In the event Buyer elects to exercise its right to terminate this Agreement and the Escrow as provided in Section 2.3, 6.3 or 8.5, then Buyer may so terminate by giving notice, in writing, of such termination to Seller and Escrow Holder. In the event Seller elects to exercise its rights to terminate this Agreement and the Escrow as provided in Section 2.3 or 6.2, then Seller may so terminate by giving notice, in writing, of such termination to Buyer and Escrow Holder.

In either such event, the Party so terminating shall, except as otherwise expressly provided in Section 6.2 or 6.3 below, pay all Escrow Holder and Title Company termination fees and charges (collectively, "Termination Costs"). Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting the obligation of the Party so terminating or breaching, as appropriate, to pay Termination Costs as provided herein and any other obligations which expressly survive termination, shall cease and terminate.

6.2 Buyer's Breach. In the event Buyer breaches any obligation under this Agreement which Buyer is to perform prior to the Closing, and fails to cure such breach within five (5) business days of receipt of written notice of such breach from Seller, then Seller, as its sole and exclusive remedy, may 9 Item 1Y - Page 15
terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Buyer and Escrow Holder. In such event, Buyer shall pay all Termination Costs. Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Buyer's obligation to pay Termination Costs as provided in this Agreement and any other obligations which expressly survive termination, shall cease and terminate.

6.3 Seller's Breach. In the event Seller breaches any obligation under this Agreement which Seller is to perform prior to the Closing, and fails to cure such breach within five (5) business days of receipt of written notice of such breach from Buyer, then, (a) in addition to pursuing any other rights or remedies which Buyer may have at law or in equity, including, without limitation, any and all damages resulting from such breach, (b) Buyer may, at Buyer's option, (i) terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Seller and Escrow Holder, or (ii) initiate and prosecute an action for specific performance of this Agreement. Should Buyer elect to terminate this Agreement and the Escrow as provided herein, then Seller shall pay all Termination Costs and, upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting (1) Seller's obligations and liabilities resulting or accruing as a result of or pursuant clause (a) above in this Section 6.3, (2) Seller's obligation to pay Termination Costs as provided in this Agreement and (3) any other obligations that expressly survive termination, shall cease and terminate.

6.4 Return of Funds and Documents; Release of Liability as to Escrow Holder. In the event Escrow Holder terminates this Escrow as a result of having received notice, in writing, from Buyer or Seller of its election to terminate the Escrow as provided herein, then Escrow Holder shall terminate the Escrow and return all funds, less Termination Costs, as appropriate, and documents to the Party depositing the same. Further, the Parties hereby release Escrow Holder, and shall hold Escrow Holder free and harmless, from all liabilities associated with such termination excepting for Escrow Holder's obligations to return funds and documents as provided herein.

7. REPRESENTATIONS AND WARRANTIES.

7.1 Seller's Representations and Warranties. Seller hereby represents, warrants, covenants and agrees to and for the benefit of Buyer that the following statements are true and correct as of the Effective Date, and shall be true and correct as of Closing, and Seller acknowledges and agrees that the truth and accuracy of such statements shall constitute a condition precedent to all of Buyer's obligations under this Agreement:

7.1.1 Authority. Seller owns the Property in fee simple, including the Permanent Partial Fee Acquisition, and has full power and authority to sell, transfer and/or otherwise convey to Buyer the Partial Fee Acquisition and to perform its obligations pursuant to this Agreement.

This Agreement and all other documents delivered by Seller to Buyer under or pursuant to this Agreement, at or prior to the Closing, have been, or will be, duly executed and delivered by Seller and are, or will be, legal, valid and binding obligations of Seller, sufficient to convey the Right of Way Dedication to Buyer and are enforceable in accordance with their respective terms.

7.1.2 No Unrecorded Possessory Interests; No Agreements or Undertakings.

Other than as is disclosed or covered by Subsections 7.1.4 and 7.1.5 below, there are no agreements for occupancy in effect for the Property, including the portions comprising the Permanent Partial Fee Acquisition, and no unrecorded possessory interests or unrecorded agreements that would adversely affect Buyer's use of the Permanent Partial Fee Acquisition. Seller will not enter into any agreements or undertake any obligations prior to Closing that will in any way burden, encumber or otherwise affect the 10 Item 1Y - Page 16
Permanent Partial Fee Acquisition without the prior written consent of Buyer, including, without limitation, any agreements for occupancy or use of the Permanent Partial Fee Acquisition.

7.1.3 No Liens or Encumbrances. Other than as is disclosed or covered by Subsections 7.1.4 and 7.1.5 below, the Property, including the portions comprising the Permanent Partial Fee Acquisition, is free and clear of and from liens or encumbrances that could interfere with the intended use by Buyer; and, therefore, Buyer shall quietly enjoy its rights in and to the Permanent Partial Fee Acquisition granted pursuant to the Right of Way Dedication without disturbance or inference by Seller or anyone claiming by, through or under Seller.

7.1.4 No Leases and/or Disclaimers of Interest and Consents. Seller warrants that (i) the Permanent Partial Fee Acquisition is not subject to a written or oral lease or any other contract or agreement pursuant to which a tenant or any other person has any rights of possession or use that conflict with this Agreement, the Right of Way Dedication , or that (ii) if the Permanent Partial Fee Acquisition is subject to a written or oral lease or any other contract or agreement pursuant to which a tenant or any other person or entity has any rights of possession or use that conflict with this Agreement or the Right of Way Dedication, Seller has provided to Buyer the names of said parties that claim any such rights and that Seller has deposited with Escrow a Disclaimer of Interest and Consent for any person or entity that claims any such rights to possession or use of the Partial Fee Acquisition disclaiming said party's rights to the Permanent Partial Fee Acquisition, and to any right or interest to the compensation paid by Buyer to Seller for the Partial Fee Acquisition .

7.1.5 Mortgage or Deed of Trust. If the Property is encumbered by a mortgage(s), deed(s) of trust and/or other security instrument(s), Seller shall be responsible and liable for payment of any demand under any authority of such security instrument(s) out of Seller's proceeds or otherwise. Such amounts may include, but are not be limited to, payments of unpaid principal and interest. If the Property is encumbered by a mortgage(s), deed(s) of trust or other security instrument(s), Seller understands that Buyer shall seek and may require the partial release by the holder(s) of the security instrument(s) to the Right of Way Dedication, including the subordination of the encumbrance(s) to the Partial Fee Acquisition to preserve the permanence and/or survival of the Partial Fee Acquisition . Seller agrees and consents to the subordination of the security instrument(s) and will cooperate with Buyer in seeking the subordination(s); and Seller acknowledges and agrees that, notwithstanding anything contained in this Agreement to the contrary, Buyer's payment of the consideration set forth herein is subject to Buyer receiving or waiving in writing the requirement of receiving said subordination(s).

7.1.6 Hazardous Materials. Seller is aware of and shall comply with its obligation under California Health and Safety Code Section 25359.7 to disclose information to Buyer regarding the environmental status of the Property. To Seller's knowledge, the Property and the areas comprising the Partial Fee Acquisition and any contiguous real property owned by Seller is not in violation of any federal, state or local statute, regulation or ordinance relating to industrial hygiene or to environmental conditions on, under or about the Property including, without limitation, soil and groundwater conditions underlying the Property that could affect the Property or its use. Neither Seller, nor, to Seller's knowledge, any other person or predecessor in interest, has used, generated, manufactured, stored or disposed of on, under or about the Property, or transported to or from the Property, any "Hazardous Materials" as defined in any state, federal or local statute, ordinance, rule or regulation applicable to the Property, including, without limitation, any flammable materials, explosives, radioactive materials, hazardous or contaminated materials or substances, toxic or noxious materials, substances or related materials or substances, as well as any substance whose nature and/or quantity of 11 Item 1Y - Page 17
existence, use, manufacture, disposal or effect render it subject to Federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare.

7.1.7 Litigation. There are no claims, actions, suits or proceedings continuing, pending or, to Seller's knowledge, threatened (i) against or affecting Seller or the Partial Fee Acquisition, or (ii) involving the validity or enforceability of this Agreement or of any other documents or instruments to be delivered by Seller at Closing, in either case, whether at law or in equity, or before or by any federal, state, municipal or other governmental department, board, commission, bureau, Buyer or instrumentality. Seller is not subject to, or in default under, any notice, order, writ, injunction, decree or demand of any court or any governmental department, board, commission, bureau, Buyer or instrumentality.

7.1 .8 No Breach. The execution and delivery of this Agreement and the consummation of the transaction(s) contemplated by this Agreement will not violate or result in any breach of or constitute a default under or conflict with, or cause any acceleration of any obligation with respect to any provision or restriction of any lien, lease, agreement, contract, instrument, or, to Seller's knowledge, any order, judgment, award, decree, statute, regulation or ordinance, or any other restriction of any kind or character to which Seller is a party or by which Seller or the Partial Fee Acquisition are bound.

7.1.9 No Condemnation or Other Proceedings. Exclusive of any action proposed or contemplated by Buyer, Seller is not aware of any contemplated condemnation of the Permanent Partial Fee Acquisition, or any portion thereof by any public agency, authority or entity. Buyer has negotiated in good faith to acquire the Partial Fee Acquisition and to pay just compensation for its acquisition. Seller understands that, if the transaction(s), including, without limitation, the acquisition(s), set forth in and/or contemplated by this Agreement had not been (or are not) successful, then staff for Buyer may have recommended (or may recommend) initiation of eminent domain proceedings to acquire the Partial Fee Acquisition and/or interests therein and/or portions thereof. 7 .2 Survival of Representations and Warranties. Seller acknowledges and agrees that the covenants, agreements, representations and warranties of Seller set forth in this Agreement shall be true and correct on and as of the Effective Date as well as the Closing, and Seller's liability for any breach, default or failure of the same, including, without limitation, any misrepresentation, shall survive not only the recordation of the Right of Way Dedication , but also the Closing. Seller shall protect, indemnify, defend, and hold Buyer free and harmless of, from and against any and all claims, demands, losses, liabilities, obligations, damages, costs and expenses, including, without limitation, reasonable attorneys' fees, court costs and litigation expenses, which Buyer may incur, suffer or sustain by reason of or in connection with any misrepresentation made by Seller pursuant to this Article 7.

8. OTHER.

8.1 Notices and Demands. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the address(es) provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States 12 Item 1Y - Page 18
mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.

To Buyer: To Seller:

City of Palm Springs
Attn:
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: 760-323-8299
P & A Investments, LLC
4634 Valle Del Sol
Bonsall, CA 92003
Telephone:

8.2 Indemnity by Seller. Seller hereby agrees, after the Closing, at Seller's sole cost and expense, to indemnify, protect, defend (with counsel of Buyer's choice), and hold Buyer, its successors and assigns, officers and/or directors, harmless from and against any and all claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments, suits, proceedings, costs, disbursements and expenses (including, without limitation, attorneys' and experts' reasonable fees and costs) of any kind or nature whatsoever which may at any time be imposed upon, incurred or suffered by, or asserted or awarded against, Buyer, or Buyer's successors and assigns, officers an.d/or directors relating to or arising from (i) the Partial Fee Acquisition or Seller's ownership or operation thereof on or before the Closing, (ii) the use on or before the Closing of the Partial Fee Acquisition by Seller or any third party, including, without limitation, any tenant, invitee or licensee of Seller, (iii) any breach of any covenant, agreement, representation or warranty of Seller contained in this Agreement, (iv) the presence, use, handling, storage, disposal or release on or before the Closing of Hazardous Materials on, under or about the Partial Fee Acquisition caused by Seller, and (v) Seller's violation of any federal, state, or local law, ordinance or regulation, occurring or allegedly occurring with respect to the Partial Fee Acquisition prior to the Closing. This indemnity by Seller herein contained shall survive the Closing and the recordation of the Right of Way Dedication.

8.3 Entry, Possession, Use, Construction and Operation.

8.3.1 Upon execution of this Agreement by Buyer and Seller, and deposit of funds in the amount of the Purchase Price into Escrow, Buyer shall have the right of possession and use of the Permanent Partial Fee Acquisition, including, without limitation, the right to remove and dispose of improvements thereon, thereat and/or thereto and construct the Project. The foregoing agreement of Seller shall survive the Closing, including, without limitation, the recording of the Right of Way Dedication at Buyer's election, the termination of this Agreement by either Party (whether Seller or Buyer) for any reason, including, without limitation, a breach by the other Party and/or the return of the Purchase Price deposit by Escrow Holder to Buyer on termination of this Agreement; and, if Buyer elects that the same 13 Item 1Y - Page 19
shall survive, Buyer's rights shall be as set forth in the right of entry, possession and use provisions attached hereto as EXHIBIT 4.

8.3.2 Upon execution of this Agreement by Buyer and Seller, and deposit of funds in the amount of the Purchase Price into Escrow, Buyer shall also have the right to enter the Property to connect any utilities or complete any utility reconnections that may be required in connection with the Project. Except for any entry required for emergency purposes in connection with utility connections or reconnections on the Property, Buyer will provide Seller with a minimum of forty-eight {48) hours written notice prior to entering the Property to complete any necessary utility connections or utility reconnections.

8.3.3 Buyer makes no representation, warranty, covenant or agreement that the Project shall be constructed or operated; and Seller acknowledges and agrees that no obligation, liability or duty whatsoever shall exist or be incurred by Buyer or any other person or entity to Seller or any other person or entity as a result of any failure to construct or operate the Project for any reason.

The foregoing agreement of Seller shall survive the Closing, including, without limitation, the recording of the Right of Way Dedication or the termination of this Agreement by either party {whether Seller or Buyer) for any reason, including a breach by the other party.

8.4 Brokers and Sales Commissions. Buyer will not be responsible or liable for, and will not be required to pay, any sales or brokerage commissions and/or finder's fees for which Seller has incurred any obligation with respect to the transaction which is the subject of this Agreement. Seller shall indemnify, protect, defend and hold harmless Buyer and its successors and assigns hereunder from and against any and all claims, demands, liabilities, obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorneys' fees, court costs and litigation expenses, arising as of, resulting from or in connection with or related to any sales or brokerage commissions, finder's fees or other commissions which are (or are claimed to be) payable in connection with the transaction which is the subject of this Agreement by reason of the actions (or alleged actions) of Buyer. Seller's obligations, liabilities and duties under this Section 8.4 shall survive the Closing or the termination of this Agreement.

8.5 Damage or Destruction. Should the Partial Fee Acquisition be materially damaged or destroyed by fire, earthquake or other event without the fault of either Party, this Agreement may be rescinded and terminated by Buyer; and, in such event, Buyer may reappra ise the Partial Fee Acquisition or any part of it Buyer desires to acquire and make an offer thereon.

8.6 Extension of Closing and Closing Date. Buyer may, upon written notice to Seller, extend the Closing Date and, therefore, the Closing for a reasonable period in order to satisfy or to provide time for others to satisfy the conditions to Closing in favor of Buyer set forth in this Agreement, including, without limitation, the following: (i) that, in accordance with Subsection 2.5.3 and Article 3 above, the Partial Fee Acquisition is subject only to the Permitted Exceptions and that title to the same is otherwise acceptable to Buyer; (ii) that, in accordance with Subsection 2.5.7 and Article 4 above, Buyer has determined that the Partial Fee Acquisition is suitable for Buyer's intended use; . and (iii) that, in accordance with Subsection 2.5.4 and Article 7 above, Seller's representations and warranties are true and accurate and Buyer has received any consent(s), release(s) and/or subordination(s) required or contemplated by Subsections 7.1.4 and 7.1.5 above.

9. INCORPORATION OF RECITALS; WHOLE AGREEMENT.
14 Item 1Y - Page 20

9.1 Recitals. The preamble at the beginning of this Agreement as well as the Recitals set forth in paragraphs A, B and C immediately after the preamble are hereby incorporated into this Agreement as if set forth in full in this Section 9.1.

9.2 Whole Agreement. Consistent with Section 10.17 below, the Parties hereto acknowledge and agree that they have set forth the whole of their agreement in this instrument.

Consistent with Sections 5.1, 5.2 and 5.3 above, the performance of this Agreement by Buyer constitutes the entire consideration for the Partial Fee Acquisition , including, without limitation, the Right of Way Dedication, and shall release and relieve Buyer of and from any and all other and further claims, demands, obligations, liabilities and duties on this account or on account of the location, grade, construction, and operation of the Project.

10. MISCELLANEOUS.

10.1 Survival of Covenants. The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the Closing as well as the recordation of the Right of Way Dedication.

10.2 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use commercially reasonable efforts to accomplish the Closing in accordance with the provisions of this Agreement.

10.3 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision of this Agreement.

10.4 Counterparts; Copies. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Except as required for recordation, the parties as well as Escrow Holder and Title Company shall accept copies of signatures, including, without limitation, electronically transmitted (for example, by e-mail, facsimile, PDF or otherwise) signatures.

10.5 Captions. Any captions to, or headings of, the articles, sections, subsections, paragraphs, or subparagraphs or other provisions of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision of this Agreement.

10.6 No Obligations to Third Parties. Except as otherwise expressly provided in this Agreement, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties.

10.7 Exhibits. The Exhibits attached to this Agreement are hereby incorporated into this Agreement by this reference.

10.8 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision of this . Agreement.

10.9 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California . Any and all legal actions brought to enforce or interpret the terms and 15 Item 1Y - Page 21
provisions of this Agreement shall be commenced exclusively in a court of competent jurisdiction in the County of San Bernardino.

10.10 Buyer's Assignment. Buyer shall have the right, in its sole discretion, to assign this Agreement, as well as its rights and remedies in, to and under the Partial Fee Acquisition /Right of Way Dedication , and any right or obligation herein and therein, to any party of its choice without the prior consent or approval of Seller.

10.11 Successors and Assigns. This Agreement, the Right of Way Dedication, and any right or obligation herein and therein, shall inure to the benefit of the successors and assigns of the Parties.

10.12 Ratification. This Agreement is subject to the approval and ratification by the Buyer's governing body or its delegated representative.

10.13 Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

10.14 Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction(s) described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved i!gainst either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.

10.15 Legal Fees. Each Party shall be responsible for payment of its own attorneys' fees with respect to negotiation and preparation of this Agreement and processing of the Escrow. However, in the event of the bringing of any action or proceeding to enforce, interpret or construe any of the provisions of this Agreement, including, without limitation, seeking damages as a result of breach of this Agreement, the prevailing Party in such action or proceeding, whether by final judgment or out of court settlement, shall be entitled to have and recover of and from the other Party all costs and expenses of suit, including actual attorneys' fees.

10.16 Entire Agreement; Amendment. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and (together with the Right of Way Dedication) contains the entire agreement between Buyer and Seller as to the subject matter hereof. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.

10.17 Special Provisions. The "Special Provisions" attached hereto as EXHIBIT 5, if any, are hereby incorporated into and made a part of this Agreement by this reference as if set forth in full in this Section 10.17. In the event of any conflict or inconsistency between this Agreement and the Special Provisions, the terms of the Special Provisions shall prevail and control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date(s) set forth below next to their respective signatures.
[Signatures on the following pages]
16 Item 1Y - Page 22

SIGNATURE PAGE TO

AGREEMENT OF PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Date: _________ _ BUYER: CITY OF PALM SRPINGS "CITY"
ATTEST:

By: ____________ _
Brenda Pree, City Clerk
APPROVED AS TO FORM:

LEGAL FIRM NAME
By: _____________ _
Jeffrey Ballinger, City Attorney
Date: _________ _ SELLER:
17 By: ____________ _
Scott C. Stiles, City Manager

P & A INVESTMENTS, LLC, A CALIFORNIA

LIMITED LIABILITY COMPANY
By:

Na me:
_jy__,___,(J'YY\ c,.....____,.0....c.... ,,, -~ ..:.._Oi._V\__,_______ Title: ~so
Item 1Y - Page 23

EXHIBIT LIST
Exhibit 1- Legal Description of Property [APN(s): APN 508-121-018 Exhibit 2 - Grant Deed - Right of Way Dedication
Exhibit 3 - Copy of Code of Civil Procedure Section 1245.245 Exhibit 4 - Entry, Possession and Use Provisions
18 Item 1Y - Page 24
EXHIBIT 1 TO

PURCHASE AND SALE AGREEMENT
· AND JOINT ESCROW INSTRUCTIONS
Legal Description of Property
[APN(s): 508-121-018
[attached behind this page]
Item 1Y - Page 25
Order No: 92018137-920-CMM-CMB
EXHIBIT "A"

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF LOTS 1 THROUGH 4, INCLUSIVE OF VISTA SANTA ROSA, BEING IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 87 OF MAPS, THEREOF, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1, SAID CORNER BEING 30 FEET AS

MEASURED AT RIGHT ANGLES NORTHERLY OF AND PARALLEL TO THE CENTERLINE OF CAMINO PAROCELA, SAID LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY OF SAID CAMINO PAROCELA; THENCE SOUTH 69° 38' 30" WEST, ALONG THE SOUTHERLY LINE OF LOT 1 (THE SAID NORTHERLY RIGHT-OF-WAY OF SAID CAMINO PAROCELA), A DISTANCE OF 56.35 FEET TO THE BEGINNING OF A 25 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE NORTHWESTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 47' 30", AN ARC LENGTH OF 39.62 FEET TO A POINT IN A LINE 50.00 FEET, AS MEASURED AT RIGHT ANGLES,

EASTERLY OF AND PARALLEL TO THE SECTION LINE CENTERLINE OF INDIAN AVENUE (FORMERLY

RECORDED AS EAST STREET), SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY OF SAID INDIAN AVENUE;
THENCE NORTH 00° 26' 00" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY OF SAID INDIAN AVENUE, A DISTANCE OF 215.22 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 4; THENCE NORTH 89° 36' 00" EAST, ALONG SAID NORTHERLY LINE OF SAID LOT 4, A DISTANCE OF 81 .70 FEET TO THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00° 26' 00" WEST, ALONG THE EASTERLY LINE OF SAID LOT 4 AND CONTINUING ALONG THE EASTERLY LINES OF SAID LOTS 1 THROUGH 3, INCLUSIVE, A DISTANCE OF 240.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN.

APN 508-121-018
Item 1Y - Page 26
EXHIBIT 2 TO

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
Grant Deed
Right of Way Dedication for Roadway Purposes
[Portions of APN(s): 508-121-018
[attached behind this page]
Item 1Y - Page 27

RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:

CITY OF PALM SPRINGS
3200 EAST TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
Exempt from Recording Fees pe Govt. Code §27383
Exempt from Documentary Transfer Tax Per Rev. &
Tax Code §11922
PORTION OF APN - 508-121-018 Space above this line for Recorder's use

GRANT DEED
Right of Way Dedication for Roadway Purposes
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, P & A Investments LLC, a California limited liability company ("Grantor"), hereby grants to CITY OF PALM SPRINGS ("Grantee"), and its successor and assigns, the following described real property (the "Property") situated in the City of Palm Springs, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" and depicted or illustrated on the map attached hereto as Exhibit "B". Exhibit "A" and Exhibit "B" are attached hereto and incorporated herein by this reference.

IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and this instrument to be executed by its duly authorized officer.

DATED: _______ _, 2023
SELLER
P & A Investments LLC, a California limited liability
company --;?_ A-- By: ______________ _
It's: c_,, e,Q
------------------
Name: ________________ ! ef\'V\ lt\ 'Y\ _
Item 1Y - Page 28
Notary Acknowledgment
A notary public or other officer completing this ce1tificate verifies only the identity of the individual who signed the document to which this ce11ificate is attached, and not the truthfulness, accuracy, or validity of that document.

STA TE OF CALIFORNIA
COUNTY OF (,&y/4~

ACKNOWLEDGEMENT
)
)
On {!)~ 2-v, ,:;) ... ()")_ before me, 'th'rLe iJa£-G . ' Notary Public, personally appeared ~,r O ftRvn , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ~ Jtk1 7 (Seal)
Item 1Y - Page 29
EXHIBIT "A" TO GRANT DEED

LEGAL DESCRIPTION
Item 1Y - Page 30
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY

RIGHT-OF-WAY DEDICATION
THAT PORTION OF LOT 1 OF VISTA SANTA ROSA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 87 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID LOT ALSO SHOWN ON RECORD OF SURVEY FILED IN BOOK 100, PAGE 51 , OF

RECORDS OF SURVEYS, RECORDS OF RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1, SAID CORNER BEING ON THE NORTHRLY RIGHT-OF-WAY LINE OF CAMINO PAROCELA (30.00 FEET IN NORTHERLY HALF WIDTH PER SAID VISTA SANTA ROSA MAP; THENCE SOUTH 89°44' 34" WEST 27.48 FEET ALONG SAID NORTHERLY RIGHT-OFWA Y LINE TO THE TRUE POINT OF BEGINNING;

THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89°44' 34" WEST 28.74 FEET, TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25 .00 FEET;

THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 90°47'22", AN ARC DISTANCE OF

39.61 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INDIAN A VENUE (50.00 FEET IN EASTERLY HALF WIDTH), AS SHOWN ON SAID RECORD OF SURVEY; .

THENCE NORTH 00°31 ' 56" EAST 14.82 FEET ALONG SAID EASTERLY RIGHT-OFWAY LINE, TO A POINT OF CUSP AND BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 80.00 FEET, A RADIAL LINE TO .SAID CURVE BEARS SOUTH 72°40'26" WEST;

THENCE LEAVING SAID RIGHT-OF-WAY SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 14°21 ' 38", AN ARC DISTANCE OF

20.05 FEET, TO A POINT OF COMPOUND CURVE CONCAVE NORTHEASTERLY, HA YING A RADIUS OF 32.85 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 58°18'48" WEST;

THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 14°13'16", AN ARC DISTANCE OF 8.15 FEET, TO THE

BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 60.69 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 41 °43 '23" WEST;

Page 1 of 2 ends

H \2020\20-0027\Dra11'ings\Alapping\Legals & Plats\20-0027 RW ACQUISITION I LEGAL DESCRJPTIONdoc Albert A. Webb Associates Item 1Y - Page 31
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY

RIGHT-OF-WAY DEDICATION

THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, THOUGH A CENTRAL ANGLE OF 41°39'45", AN ARC DISTANCE OF 44.13 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 411 SQUARE FEET MORE OR LESS.

SEE PLAT ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF.

PREPARED UNDER MY SUPERVISION
Michael~7673
Prepared By: CS
Checked By: "'4 ,
11/03/22
Date

Page 2 of 2 ends

H:\2020\20-0027\Drawings\ivfapping\Legals & Plats\20-0027 RW ACQUISITION I LEGAL DESCRIPTIONdoc Albert A. Webb Associates Item 1Y - Page 32
EXHIBIT "B" TO GRANT DEED

DEPICTION OF PORTION ACQUIRED
Item 1Y - Page 33
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LOT "G" CAMINO PAROCELA MB 15/87
N89' 44'34"E 263.15' ----+ TO
C.L. OF

CALLE AJO
SEE SHEET 2 FOR

EAEMENT NOTES AND
LINE & CURVE DATA. RIGHT-OF-WAY TO BEW/21 ACQUIRED SHOWN THUS: ~ CITY OF PALM SPRINGS

DEVELOPMENT SERVICES

ENGINEERING DIVISION
1" = 40'
40 0 40
SEC. 23, T4S, R4£, SBM
CITY OF PALM SPRINGS ENGINEERING SERVICES DATE 7673
t--------------------~ MICHAEL E. JOHNSON, Albert A. WEBB Associates P.L.S. l£G.II.. !Eall'TIQt
SEE EXHIBIT "A" CGS
0£a<EDBY: MJ DATE: 1 O /29 /22 mr NO. 1 OF 2
Item 1Y - Page 34
EXHIBIT "B"

RIGHT-OF-WAY DEDICATION

CURVE TABLE
CURVE# RADIUS LENGTH DELTA
C1 25.00 39.61 90-47'22"
C2 80.00 20.05 14'21 '38"
C3 32.85 8.15 14'13'16"
C4 60.69 44.13 41·39'45"

LINE TABLE
LINE # DIRECTION LENGTH
L1 S89' 44' 34"W 27.48
L2 S89' 44' 34"W 28.74
L3 NOO' 31' 56"E 14.82
CERTIFICATE OF ACCEPTANCE RECORDED JUNE 22, 1966,
AS INST. NO. 64544, O.R., RIV. CO. CA.

GRANT OF RIGHT-OF-WAY RECORDED MARCH 31, 1988,
AS INST. NO. 84026, O.R., RIV. CO. CA.

GRANT OF RIGHT-OF-WAY RECORDED AUGUST 4, 1995, AS
INST. NO. 253999, O.R., RIV. CO. CA.

SEC. 23, T4S, R4E, SBM
CITY OF PALM SPRINGS ENGINEERING SERVICES DATE 7673
t-1£CM._llSall'_TIOt __________________ ____, MICHAEL E. JOHNSON, Albert A. WEBB Associates P.L.S.

SEE EXHIBIT "A" alAlll BY: CGS ~ N/A a>sfl£NO.R XX-XX
(l(Q(E) BY: MJ DA1£;1Q/29/22 fflTNO. 2 OF 2
Item 1Y - Page 35

CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the simple fee acquisition more particularly described in Exhibit "A" and Exhibit "B" to the attached Grant Deed of Right of Way Dedication to the undersigned City of Palm Springs, the provisions of which instrument are incorporated by this reference as though fully set forth in this certificate, is hereby accepted by the undersigned officer/agent on behalf of the City of Palm Springs, and the Grantee consents to recordation thereof by its duly authorized officer.

APN: 508-121-018
By:

Scott C. Stiles, City Manager
Dated:
-------------
Item 1Y - Page 36
EXHIBIT 3 TO

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
Copy of Code of Civil Procedure section 1245.245
(a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to this article shall only be used for the public use stated in the resolution unless the governing body of the public entity adopts a resolution authorizing a different use of the property by a vote of at least two-thirds of all members of the governing body of the public entity, or a greater vote as required by statute, charter, or ordinance. The resolution shall contain all of the following:
(1) A general statement of the new public use that is proposed for the property and a reference to the statute that would have authorized the public entity to acquire the property by eminent domain for that use.
(2) A description of the general location and extent of the property proposed to be used for the new use, with sufficient detail for reasonable identification. (3) A declaration that the governing body has found and determined each of the following:
(A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (C) The property described in the resolution is necessary for the proposed use. (b) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity pursuant to this article, and is not used for the public use stated in the resolution of necessity within 10 years of the adoption of the resolution of necessity, shall be sold in accordance with the terms of subdivisions (f) and (g), unless the governing body adopts a resolution according to the terms of subdivision (a) or a resolution according to the terms of this subdivision reauthorizing the existing stated public use of the property by a vote of at least two-thirds of all members of the governing body of the public entity or a greater vote as required by statute, charter, or ordinance. A reauthorization resolution under this subdivision shall contain all of the following:
(1) A general statement of the public use that is proposed to be reauthorized for the property and a reference to the statute that authorized the public entity to acquire the property by eminent domain for that use.
(2) A description of the general location and extent of the property proposed to be used for the public use, but not yet in use for the public use, with sufficient detail for reasonable identification. (3) A declaration that the governing body has found and determined each of the following:
(A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (C) The property described in the resolution is necessary for the proposed use. (c) In addition to any notice required by law, the notice required for a new or reauthorization resolution Item 1Y - Page 37
sought pursuant to subdivision (a) or (b) shali comply with Section 1245.235 and shall be sent to each person who was given notice required by Section 1245.235 in connection with the original acquisition of the property by the public entity.
(d) Judicial review of an action pursuant to subdivision (a) or (b) may be obtained by a person who had an interest in the property described in the resolution at the time that the property was acquired by the public entity, and shall be governed by Section 1085.
(e) The following property acquisitions are subject to the requirements of this section:
(1) Any acquisition by a public entity pursuant to eminent domain. (2) Any acquisition by a public entity following adoption of a resolution of necessity pursuant to this article for the property.
(3) Any acquisition by a public entity prior to the adoption of a resolution of necessity pursuant to this article for the property, but subsequent to a written notice that the public entity may take the property by eminent domain.
(f) If the public entity fails to adopt either a new resolution pursuant to subdivision (a) or a reauthorization resolution pursuant to subdivision (b), as required by this section, and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of the public entity's failure to adopt a resolution pursuant to subdivision (a) or (b), the public entity shall offer the person or persons from whom the property was acquired the right of first refusal to purchase the property pursuant to this section, as follows:
(1) At the present market value, as determined by independent licensed appraisers. (2) For property that was a single-family residence at the time of acquisition, at an affordable price, which price shall not be greater than the price paid by the agency for the original acquisition, adjusted for inflation, and shall not be greater than fair market value, if the following requirements are met:
(A) The person or persons from whom the property was acquired certify their income to the public entity as persons or families of low or moderate income. (B) If the single-family residence is offered at a price that is less than fair market value, the public entity may verify the certifications of income in accordance with procedures used for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency.
(C) If the single-family residence is offered at a price that is less than fair market value, the public entity shall impose terms, conditions, and restrictions to ensure that the residence will either:
(i) Remain owner-occupied by the person or persons from whom the property was acquired for at least five years.
(ii) Remain available to persons or families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income for the longest feasible time, but for not less than 55 years for rental units and 45 years for home ownership units.
(D) The Department of Housing and Community Development shall provide to the public entity recommendations of standards and criteria for those prices, terms, conditions, and restrictions.

Item 1Y - Page 38
(g) If after a diligent effort the public entity is unable to locate the person from whom the property was acquired, if the person from whom the property was acquired does not choose to purchase the property as provided in subdivision (f), or if the public entity fails to adopt a resolution as required pursuant to subdivision (a) or {b) but is not required to offer a right of first refusal pursuant to subdivision (f), the public entity shall sell the property as surplus property pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. {h) If residential property acquired by a public entity by any means set forth in subdivision (e) is sold as surplus property pursuant to subdivision (g), and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of its sale as surplus property, the public entity shall pay to the person or persons from whom the public entity acquired the property the sum of any financial gain between the original acquisition price, adjusted for inflation, and the final sale price. (i) Upon completion of any acquisition described in subdivision (e) or upon the adoption of a resolution of necessity pursuant to this section, whichever is later, the public entity shall give written notice to the person or persons from whom the property was acquired as described in subdivision (e) stating that the notice, right of first refusal, and return of financial gain rights discussed in this section may accrue. (j) At least 60 days before selling the property pursuant to subdivision (g), the public entity shall make a diligent effort to locate the person from whom the property was acquired. At any time before the proposed sale, the person from whom the property was acquired may exercise the rights provided by this section. As used in this section, "diligent effort" means that the public entity has done all of the following:
(1) Mailed the notice of the proposed sale by certified mail, return receipt requested, to the last known address of the person from whom the property was acquired. (2) Mailed the notice of the proposed sale by certified mail, return receipt requested, to each person with the same name as the person from whom the property was acquired at any other address on the last equalized assessment roll.
{3) Published the notice of the proposed sale pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the city or county in which the property is located. (4) Posted the notice of the proposed sale in at least three public places within the city or county in which the property is located.
(5) Posted the notice of the proposed sale on the property proposed to be sold. (k) For purposes of this section, "adjusted for inflation" means the original acquisition price increased to reflect the proportional increase in the Consumer Price Index for all items for the State of California, as determined by the United States Bureau of Labor Statistics, for the period from the date of acquisition to the date the property is offered for sale.
(Amended by Stats. 2007, Ch. 130, Sec. 36. Effective January 1, 2008.) Item 1Y - Page 39
EXHIBIT 4 TO

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
Entry, Possession and Use Provisions
[APN(s): 508-121-018
A. Grant of Use. Seller hereby irrevocably grants to Buyer and/or its assignee for no additional monetary consideration beyond the compensation that Seller will receive upon Buyer's acquisition of the Partial Fee Acquisition either through a contract cwrently being or to be negotiated or, in the event the ·parties do not negotiate or are unable to agree to the terms of that contract, through a condemnation action, a right of entry, possession and use of the Partial Fee Acquisition , on the terms described in item B below.

B. Use of the Acquisition Area. Buyer shall have the right to enter upon and use the Partial Fee Acquisition for the following purposes (the "Permitted Activities"): With respect to the Partial Fee Acquisition, for the Partial Fee Acquisition purposes set forth in Recital B.(i) appearing after the preamble at the beginning of this Agreement, including, but not limited to, the purposes set forth in the Right of Way Dedication.

C. Buyer's Right to Terminate Work. Buyer shall have no obligation to commence or complete any of the Permitted Activities.

D. No Cost to Seller. Buyer shall bear all costs and expenses in connection with Buyer's use of the Partial Fee Acquisition.

E. Eminent Domain. By granting the irrevocable right of entry, possession and use of the Permanent Partial Fee Acquisition as set forth in this EXHIBIT 4 to Buyer, Seller agrees to the following:
(1) Seller shall not object to the filing of an eminent domain proceeding to acquire the Partial Fee Acquisition; (2) in any eminent domain proceeding filed by Buyer to acquire the Partial Fee Acquisition, Seller shall not challenge Buyer's right to take the Partial Fee Acquisition, and the only issue shall be the amount of just compensation for the Partial Fee Acquisition ; (3) in the event proceedings in eminent domain are begun, the date of valuation for determining the amount of just compensation for the Partial Fee Acquisition shall be the date on which Buyer files the complaint in said proceeding; and (4) this Agreement, including, without limitation, the entry, possession and use provisions set forth in this EXHIBIT 4, shall control and, therefore, Buyer need not obtain a court order for possession in connection with any eminent domain action or proceeding.

F. Parties' Intent to Be Bound. The Parties intend that this Agreement, including, without limitation, the right of entry, possession and use provisions set forth above in this EXHIBIT 4, constitute a binding contract. In particular in this regard, Seller acknowledges and agrees that it is important for Buyer to have assurances that the Project may be constructed in a timely manner, and that the rights granted to Buyer in the right of entry, possession and use provisions set forth above in this EXHIBIT 4 to the Agreement are crucial to the Project's success. In the event of any dispute concerning the right of entry, possession and use provisions set forth above in this EXHIBIT 4, the Parties agree that monetary damages will not be adequate to make them whole, and intend for the terms of such right of entry, Item 1Y - Page 40
possession and use provisions to be specifically enforceable.

Date: __________ _ SELLER:

By:

P & A INVESTMENTS, LLC, A

CALIFORNIA LIMITED LIABILITY

COMPANY
Item 1Y - Page 41

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT A8912 BETWEEN THE CITY OF PALM SPRINGS AND RIVERSIDE

COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT

FOR THE CONSTRUCTION OF PALM SPRINGS MASTER DRAINAGE
PLAN (MDP) LINE 20, STAGE 3, CITY PROJECT NO. 19-15
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

This action would approve the First Amendment to the cooperative funding agreement between the City of Palm Springs (City) and Riverside County Flood Control (RCFC) for Palm Springs MDP Line 20, Stage 3, which will construct the storm drain along Ramon Road from El Cielo Rd to Farrell Dr and along Farrell Dr from Ramon Rd to Tahquitz Canyon Way (Project). At the time of the construction contract award, Staff noted that RCFC agreed to provide an additional financial contribution in the amount of $4,035,555 required to construct the Project. If approved, Amendment One to the cooperative agreement sets the timeline for RCFC to reimburse the City for the cost of construction, which is a total of $11,555,555.

RECOMMENDATION:

1. Approve First Amendment to Cooperative Funding Agreement A8912 between the Riverside County Flood Control and Water Conservation District and the City of Palm Springs, associated with the construction, operation, and maintenance of flood control improvements identified as Storm Drain Line 20, Stage 3, City Project No. 19-15; and

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

BACKGROUND:

The Project will construct 4,800 linear feet of underground storm drain in Ramon Road and Farrell Drive, with catch basins, manholes, and transition structures to its terminus at Tahquitz Canyon Way. This Project will provide the necessary flood control and drainage Item 1Z - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
First Amendment to Co-Op Agreement with RCFC Line 20 Project improvements to alleviate flooding that occurs on Ramon Road near Palm Springs High School.

On July 22, 2021, the City Council approved Cooperative Funding Agreement A8912 between the City and RCFC. Under the terms of the agreement, the City took the lead role for the Project by providing the design, environmental, bidding, construction management and regulatory permits. RCFC provided a construction contribution cost of $7,500,000 and $20,000 towards the cost of preparing California Environmental Quality Act (“CEQA”) documents and miscellaneous regulatory permits, for a not to exceed total of $7,520,000. Any costs above that would be the obligation of the City of Palm Springs.

Upon completion of the Project, RCFC will accept ownership and responsibility for the operation and maintenance of the infrastructure built with this Project.

On November 9, 2023, the City Council awarded the construction contract for the Project to Mamco, Inc. in the amount of $11,555,555. Staff had anticipated higher construction costs and appropriately budgeted the required funds in anticipation of RCFC agreeing to reimburse the City for the additional costs of construction. At the time of construction contract award, RCFC had agreed to provide an additional financial contribution to cover the entire cost of construction.

STAFF ANALYSIS:

First Amendment to Cooperative Funding Agreement A8912 was prepared by RCFC Staff and submitted for review. In the Amendment, RCFC agrees to cover the total construction costs in the amount of $11,555,555 over three (3) payment periods as follows:

First Construction Contribution $5,000,000 Immediately
Second Construction Contribution $4,555,555 FY 24/25 (at Project completion) Third Construction Contribution $2,000,000 FY 26/27 (earlier if FEMA provides funds) Construction Total $11,555,555
The fiscal impacts of the Project have been reviewed by the Finance Department and it has been determined that the Capital Fund could support the three-payment option requested by RCFC. Consequently, staff supports approval of the First Amendment to Cooperative Agreement A8912.

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”.

Item 1Z - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
First Amendment to Co-Op Agreement with RCFC Line 20 Project FISCAL IMPACT:

Approval of First Amendment to Cooperative Agreement A8912 provides an additional financial contribution of $4,035,555 from RCFC for the Project, for a total not to exceed amount of $11,555,555. Sufficient funds were budgeted to cover the costs of the Project and the reimbursement from RCFC will be received in three payments.

REVIEWED BY:

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

A. First Amendment to Cooperative Agreement A8912.

Item 1Z - Page 3
Attachment A
Item 1Z - Page 4
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FIRST AMENDMENT TO COOPERATIVE FUNDING AGREEMENT
Palm Springs MDP Line 20, Stage 3
Project No. 6-0-00320
Miscellaneous No. 199
This First Amendment to Cooperative Funding Agreement ("First Amendment"), dated , 2024 is entered into by and between the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), the City of Palm Springs, a municipal corporation ("CITY"). DISTRICT and CITY will be referenced herein individually as a "Party" and collectively as "Parties". The Parties hereby agree as follows:

RECITALS
A. DISTRICT and CITY have entered into that certain Funding Agreement dated September 28, 2021 [DISTRICT's Board Agenda Item No. 11.2], hereinafter called ("Original Agreement") to support the construction of the of Palm Springs Master Drainage Plan ("MDP") Line 20, Stage 3 ("Project") which will provide necessary flood control and drainage improvements to alleviate flooding on Ramon Road near Palm Springs High School in the city of Palm Springs. Project runs along Ramon Road from the upstream terminus of the existing Palm Springs Master Drainage Plan Line 20, Stage 2 just west of EI Cielo Road to the intersection of Farrell Drive and then north along Farrell Drive to East Tahquitz Canyon Way.

B. Pursuant to Original Agreement, DISTRICT desired to contribute a total amount not to exceed Seven Million Five Hundred Twenty Thousand Dollars ($7,520,000) to CITY for the implementation and construction of Project infrastructure.

C. Subsequent to the execution of Original Agreement, CITY advertised Project for public works construction bids and the lowest responsible/responsive bid came in substantially higher than the originally estimated construction cost. Based on CITY's bid results, Project construction costs increased from an estimated Seven Million Five Hundred Thousand Dollars Item 1Z - Page 5
254579
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($7,500,000) to Eleven Million Five Hundred Fifty-Five Thousand Five Hundred Fifty-Five Dollars ($11,555,555).

D. The original estimates of costs will exceed DISTRICT's contribution described in Original Agreement. Therefore, due to mutual interests, DISTRICT and CITY wish to increase the amount of DISTRICT's financial contribution for Project.

E. Original Agreement together with First Amendment are collectively referred to herein as "AGREEMENT".

F. Section III.21 of Original Agreement specifies that any alternation or variation of terms are subject to the written consent of the Parties thereto.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree to amend AGREEMENT as follows:

1. RECITALS H.i. of AGREEMENT is hereby amended to read:
"i. Financial contribution toward the lowest responsible bid contract price for construction of PROJECT which consists of three payments: an initial sum amount of Five Million Dollars ($5,000,000) ("FIRST CONSTRUCTION CONTRIBUTION COSTS"); (ii) a second sum amount of Four Million Five Hundred Fifty-Five Thousand Five Hundred Fifty-Five Dollars ($4,555,555) ("SECOND CONSTRUCTION CONTRIBUTION COSTS"); and (iii) a final sum amount of Two Million Dollars ($2,000,000) ("THIRD CONSTRUCTION CONTRIBUTION COSTS"). FIRST CONSTRUCTION CONTRIBUTION
COSTS, SECOND CONSTRUCTION CONTRIBUTION COSTS, and THIRD CONSTRUCTION CONTRIBUTION COSTS are hereinafter called
("CONSTRUCTION CONTRIBUTION COSTS"). CONSTRUCTION
Item 1Z - Page 6
254579
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CONTRIBUTION COSTS shall not exceed a total sum of Eleven Million Five Hundred Fifty-Five Thousand Five Hundred Fifty-Five Dollars ($11,555,555); and"

2. RECITALS I of AGREEMENT is amended to read:
"Together, CONSTRUCTION CONTRIBUTION COSTS and REGULATORY PERMIT COSTS are hereinafter called "TOTAL DISTRICT CONTRIBUTION".

TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Eleven Million Five Hundred Seventy-Five Thousand Five Hundred Fifty-Five Dollars ($11,575,555); and"

3. Paragraph K in RECITALS of AGREEMENT is added to read:
"DISTRICT is seeking reimbursement for the emergency response to Tropical Storm Hillary (California Disaster Declaration DR-4750) through the Federal Emergency Management Agency, hereinafter called "FEMA
REIMBURSEMENT", and is awaiting the outcome of their disbursement; and"

4. Paragraph L in the RECITALS of AGREEMENT is added to read:
"In the event FEMA REIMBURSEMENT is realized in the future, DISTRICT will utilize these funds for THIRD CONSTRUCTION CONTRIBUTION COSTS. If FEMA REIMBURSEMENT is not disbursed, DISTRICT is willing to allocate and appropriate funds in its Fiscal Year 26/27 budget to ensure payment of THIRD CONSTRUCTION CONTRIBUTION COSTS."

5. Section I.16 of the AGREEMENT is hereby amended to read:
"At the time of providing written notice of the award of a construction contract as set forth in Section I.15, issue a second invoice to DISTRICT (Attention: Special Projects Section) for the payment of FIRST CONSTRUCTION CONTRIBUTION Item 1Z - Page 7
254579
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COSTS, subject to and provided invoice for CONSTRUCTION CONTRIBUTION COSTS shall not exceed Eleven Million Five Hundred FiftyFive Thousand Five Hundred Fifty-Five Dollars ($11,555,555)."

6. Section I.32 of the AGREEMENT is hereby amended to read:
"At the time of providing a Notice of Completion as set forth in Section I.31, issue a third invoice to DISTRICT (Attention: Special Projects Section) for the payment of SECOND CONSTRUCTION CONTRIBUTION COSTS, subject to and provided that the invoice for CONSTRUCTION CONTRIBUTION COSTS shall not exceed Eleven Million Five Hundred Fifty-Five Thousand Five Hundred FiftyFive Dollars ($11,555,555)."

7. Section I.36 of the AGREEMENT is hereby added to read:
"Upon receiving DISTRICT's written notice of the status of THIRD CONSTRUCTION CONTRIBUTION COSTS, issue a fourth invoice to DISTRICT (Attention: Special Projects Section) for the payment of THIRD CONSTRUCTION CONTRIBUTION COSTS, subject to and provided that the invoice for CONSTRUCTION CONTRIBUTION COSTS shall not exceed Eleven Million Five Hundred Fifty-Five Thousand Five Hundred Fifty-Five Dollars ($11,555,555). CITY shall refund to DISTRICT any unexpended portions of TOTAL DISTRICT CONTRIBUTION."

8. Section II.7 of the AGREEMENT is hereby amended to read:
"Pay CITY, within thirty (30) days after receipt of CITY's second invoice for FIRST CONSTRUCTION CONTRIBUTION COSTS as set forth in Section I.16, subject to and provided that CONSTRUCTION CONTRIBUTION COSTS shall Item 1Z - Page 8
254579
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not exceed Eleven Million Five Hundred Fifty-Five Thousand Five Hundred FiftyFive Dollars ($11,555,555)."

9. Section II.12 of AGREEMENT is hereby added to read:
"Pay CITY, within thirty (30) days after receipt of CITY's third invoice for SECOND CONSTRUCTION CONTRIBUTION COSTS as set forth in Section I.32, subject to and provided that CONSTRUCTION CONTRIBUTION COSTS shall not exceed Eleven Million Five Hundred Fifty-Five Thousand Five Hundred Fifty-Five Dollars ($11,555,555)."

10. Section II.13 of AGREEMENT is hereby added to read:
"Upon receipt of the Notice of Completion, provide CITY with written notification of the status of THIRD CONSTRUCTION CONTRIBUTION COSTS."

11. Section II.14 of AGREEMENT is hereby added to read:
"If FEMA REIMBURSEMENT is received, pay CITY, within thirty (30) days after receipt of CITY's fourth invoice for THIRD CONSTRUCTION CONTRIBUTION COSTS as set forth in Section I.36, subject to and provided that CONSTRUCTION CONTRIBUTION COSTS shall not exceed Eleven Million Five Hundred Fifty-Five Thousand Five Hundred Fifty-Five Dollars ($11,555,555)."

12. Section II.15 of AGREEMENT is hereby added to read:
"If FEMA REIMBURSEMENT is not disbursed, allocate and appropriate in its Fiscal Year 26/27 budget the THIRD CONSTRUCTION CONTRIBUTION COSTS and notify CITY when the funds are available for payment."

13. Section II.16 of AGREEMENT is hereby added to read:

Item 1Z - Page 9
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"Upon allocation of THIRD CONSTRUCTION CONTRIBUTION COSTS, pay CITY, within thirty (30) days after receipt of CITY's fourth invoice for THIRD CONSTRUCTION CONTRIBUTION COSTS as set forth in Section I.36, subject to and provided that CONSTRUCTION CONTRIBUTION COSTS shall not exceed Eleven Million Five Hundred Fifty-Five Thousand Five Hundred FiftyFive Dollars ($11,555,555)."

14. Section III.1 of AGREEMENT is hereby amended to read:
"Notwithstanding any other provision herein this AGREEMENT, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Eleven Million Five Hundred Seventy-Five Thousand Five Hundred Fifty-Five Dollars ($11,575,555) for PROJECT and shall be used by CITY solely for the purpose of obtaining the applicable regulatory permits and construction of said PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs. CITY shall be responsible to pay any amounts in excess of TOTAL DISTRICT CONTRIBUTION."

15. Except to the extent specifically deleted, added to, or amended herein, all of the terms, covenants and conditions of said Original Agreement executed on September 28, 2021, shall remain in full force and effect between the parties hereto.

16. This First Amendment shall not be binding or consummated until its approval by DISTRICT's Board of Supervisors and fully executed by the Parties.

17. This First Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this First Amendment agrees to the use of electronic signatures, such as digital signatures that Item 1Z - Page 10
254579
- 7 -
meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal.

Civ. Code §§ 1633.1 to 1633.17), for executing this First Amendment. The Parties further agree that the electronic signatures of the Parties included in this First Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//
Item 1Z - Page 11
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IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

MINH C. TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board
By

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
First Amendment to Cooperative Funding Agreement
Palm Springs MDP Line 20, Stage 3
Project No. 6-0-00320
Miscellaneous No. 199
01/25/24
AMR:blm
Item 1Z - Page 12
254579
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RECOMMENDED FOR APPROVAL: CITY OF PALM SPRINGS
By

SCOTT STILES
City Manager
APPROVED AS TO FORM: ATTEST:

JEFFREY BALLINGER
City Attorney
By

BRENDA PREE, MMC, CERA
City Clerk
(SEAL)
First Amendment to Cooperative Funding Agreement
Palm Springs MDP Line 20, Stage 3
Project No. 6-0-00320
Miscellaneous No. 199
01/25/24
AMR:blm
Item 1Z - Page 13

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 5 WITH STEVE P.

RADOS, INC., IN THE AMOUNT OF $248,288.76 FOR THE
WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS
FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Approval of Contract Change Order No. 5 in the amount of $248,288.76 for additional cable and conduits for the gas holder, additional keyways for the digester tank foundation, and unforeseen utilities conflict.

RECOMMENDATION:

1. Approve Contract Change Order No. 5 in the amount of $248,288.76 to Agreement A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Projects No. 20-25 and 21-07.

2. Appropriate $248,288.76 from the Wastewater Fund balance.

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

BUSINESS PRINCIPAL DISCLOSURE:

A Public Integrity Disclosure from Steve P. Rados, Inc. is included as Attachment A.

BACKGROUND:

On May 12, 2022, the City Council awarded a construction contract to Steve P. Rados, Inc. in the amount of $15,905,500 for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station project. The initial scope of work included replacing Digester No. 2, construction of new gas holder, replacement of digester gas flare, and replacement of Filtrate Pump Station and Filtrate Pump Station forcemain.

Item 1AA - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Approve CCO No. 5 CP 20-25 and 21-07
Since construction started on July 21, 2022, there have been four contract change orders approved for the following reasons:
• Contract Change Order No.1 ($19,325) – The Contractor submitted to Southern California Air Quality Management District (AQMD) an application for a permit to install the new waste gas flare, digester and gas holding tank. AQMD requested the permit to be submitted under the City’s General AQMD permit which resulted in increased permit fees.
• Contract Change Order No. 2 ($9,654) – There are two palm trees in conflict with the proposed filtrate pump station of the project. The Contractor relocated the two palm trees to address the conflict.
• Contract Change Order No. 3 ($34,282) – During the asbestos survey of Digester No. 2, it was discovered that the tank was coated with Belzona. It was determined that asbestos abatement is required for removal of Belzona. • Contract Change Order No. 4 ($67,144) – It was discovered that several utility conflicts above and below ground conflicted with the duct bank and underground conduit plan.

STAFF ANALYSIS:

During construction, the contractor discovered several conflicts with the prosed conduit and cable layout. In addition, the contractor informed the City that additional cable and conduit was needed for the gas storage tank, additional keyways were needed for the Digester No. 2 foundation to prevent leakages, and additional potholing and relocation of unforeseen utility conflicts.

Staff reviewed the prosed change order and coordinated with the design team to ensure the changes were required. Staff is recommending approval of Contract Change Order No. 5, a copy of the change order is included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the City of Palm Springs Wastewater Treatment Plant Digester No. 2, Gas Flare and Filtrate Pump Station Improvement Project, City Projects No. 20-25 and 21-07, are considered categorically exempt from CEQA.

Item 1AA - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Approve CCO No. 5 CP 20-25 and 21-07
ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 2A, Improve City Facilities.

FISCAL IMPACT:

There is sufficient funding in the Wastewater Fund balance to cover the appropriation for this change order.

REVIEWED BY:

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

A. Public Integrity Disclosure Form – Steve P. Rados, Inc.

B. Contract Change Order No. 5
Item 1AA - Page 3
Attachment A
Item 1AA - Page 4
Item 1AA - Page 5
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PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Steve P. Rados, Inc.

2. Address of Entity (Principle Place of Business)
2002 E. McFadden Ave #200, Santa Ana , CA 92705

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

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

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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Palm Springs City CouncilFebruary 29, 2024

Palm Springs City Council
February 29, 2024