Palm Springs City Council
September 10, 2025

FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60- 1.4. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause.

Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.

Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring equipment.

Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60- 1. Examples include demolition of structures or installation of boundary fencing.

REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1G - Page 58

FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recogni zed hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
Item 1G - Page 59

FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.

REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA -designated items is available at www.epa.gov/smm/comprehensive- procurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
Item 1G - Page 60

FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non- profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401

Item 1G - Page 61

FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.

Professional Services – any contract involved in the construction of new buildings or structural addition to existing buildings.

Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.

Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.

Land – This provision will not typically apply to a property/land project.

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

A23.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Reference: 49 CFR Part 41
Item 1G - Page 62

FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.

Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117- 103), and similar provisions in subsequent appropriations acts.

DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non- Procurement Regarding Tax Delinquency and Felony Convictions

Item 1G - Page 63

FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1G - Page 64

FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must requir e subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

Item 1G - Page 65

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30

Item 1G - Page 66

FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub- tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 1G - Page 67

FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)

Item 1G - Page 68

ATTACHMENT B

Item 1G - Page 69
ATTA

CHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 25-03)
(8) PLU

G-IN ELECTRIC TRUCKS FOR THE PALM SPRINGS INTERNATIONAL AIPORT

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include 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 an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done bu siness together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year pr
ior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

Item 1G - Page 70

What Must I Disclose?
A. 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.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, tr ustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

What if I Have Questions?

PENALTIES

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

*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item 1G - Page 71

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? F Yes F No

5. Type of Entity
F Corporation F Limited Liability Company F Partnership F Trust F 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
________________________ F Officer F Director F Member F Manager
[name] F General Partner F Limited Partner
FOther
___________________________
_______________________________ F Officer F Director F Member F Manager [ n a m e ] F General Partner F Limited Partner
F Other
__________________________
________________________________ F Officer F Director F Member F Manager CA SoS #202464418524
PFVT Motors, LLC dba Peoria Ford
9130 W Bell Rd Peoria, AZ 85382
William McDowell
Item 1G - Page 72
[name] F General Partner F Limited Partner
F Other
__________________________

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

EXAMPLE

BERKSHIRE HATHAWAY AUTOMOTIVE
[name of owner/investor]
100% OWNERSHIP
[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 re offffffff DDDDDDDDDDDDDDisclclclclclclclclclclclclclclososososososososososososososososininininininininininininining Party, Pririririintnn ee

ORNIA THAT THE FOREG
Wesley Boswell, Government Account Manager
06/17/2025
Item 1G - Page 73

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF AN INCREASE OF UP TO $9,000,000 TO FEDERAL

AVIATION ADMINISTRATION (FAA) AIRPORT TERMINAL PROGRAM
(ATP) GRANT NO. 03- 06-0181-070-2025 FOR THE FUNDING OF THE

BAGGAGE HANDLING SYSTEM IN-LINE SCREENING PROJECT FOR

THE PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

Acceptance of an increase of up to $9,000,000 to Federal Aviation Administration (FAA) Airport Terminal Program (ATP) Grant No. 03-06-0181-070-2025 for the funding of the Baggage Handling System In-Line Screening Project (BHS Project) for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Accept an increase of up to $9,000,000 to Federal Aviation Administration Airport Terminal Program (ATP) Grant No. 3- 06-0181-070-2025 for the funding of the Baggage Handling System In-Line Screening Project for the Palm Springs International Airport, for a revised grant amount not to exceed $15,000,000.

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

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

BACKGROUND:

The Airport is experiencing record passenger volumes and sustained increases in checked baggage demand. To support this growth and improve the efficiency of outbound baggage processing, the Airport is moving forward with the installation of a new Baggage Handling System (BHS). The upgraded system has been modeled to accommodate projected passenger levels over the next 15 years in alignment with the Airport’s recently Item 1H - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
Acceptance of FAA ATP Grant Funding Increase

approved Master Plan and is designed to manage increased volumes and oversized luggage while complying with Transportation Security Administration (TSA) screening requirements.

The BHS Project will enhance the Airport’s capacity to process checked baggage more efficiently, reducing reliance on manual handling during peak periods and supporting improved operational performance for all commercial carriers serving Palm Springs.

On Ju ly 9 , 2025, the City Council a pproved the award of construction contract to Swinerton Builders in the amount of $77,208,000 for the construction of the BHS and the acceptance of the following grants:

BIL ATP Grant No. 3-06-0181-070 – Approximately $6,000,000

The Bipartisan Infrastructure Law Airport Terminal Program (BIL ATP) was created as part of President Biden's Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act). The program was designed to address aging infrastructure at U.S. airports while simultaneously focusing on safety, sustainability, and accessibility improvements. The purpose of BIL ATP Grant No. 3- 06-0181-070-2025 is to provide construction phase funding for the demolition and construction of new foundations for the BHS Project.

BIL AIG Grant No. 3-06-0181-071-2025 – Approximately $21,552,776

The Bipartisan Infrastructure Law Airport Infrastructure Grant (BIL AIG) was created as part of President Biden's Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act). The program provides $14.5 billion in total funding over five years, starting in FY 2022. The program is part of a larger $25 billion investment in the National Airspace System, with approximately $20 billion specifically designated for airport infrastructure improvements administered by FAA's Office of Airports.

The sortation system of the new Airport BHS is designed for common use. We propose allocating grant funds to finance the implementation of this common use sortation system at the Airport. This advanced system will streamline baggage handling processes, enhance operational efficiency, and improve passenger experience. The funds would enable the work on utility rerouting and temporary screening conditions. The funds would also cover the portion of conveyors downstream of CL3- 09 that are necessary for the interim condition. This includes the installation, commissioning, and testing of the BHS components, as well as the construction of the canopies.

FAA – AIP Grant No. 3-06-0181-072-2025 – Approximately $7,963,213

The Federal Aviation Administration’s Airport Improvement Program (AIP) is a federal grant program that provides funding for public-use airports. The program originated from the Airport and Airway Improvement Act of 1982.

Item 1H - Page 2
City Council Staff Report
September 10, 2025 -- Page 3
Acceptance of FAA ATP Grant Funding Increase

The new BHS system is designed for common use, and the grant funds will be allocated to cover the bulk of the utility costs associated with the new BHS. These costs include the relocation of existing utilities and electrical service. The project also encompasses the installation of new transformers and switchgear to power the new equipment.

TSA – Other Transaction Agreement – Approximately $24,184,932.24 This BHS Project will be funded by a n Other Transaction Agreement grant from the Transportation Security Administration (TSA) on a reimbursement basis for allocable costs. The TSA will pay 95% of allocable costs and the remaining 5% will be covered by the Airport.

Summary of Grants

STAFF ANALYSIS:

On August 15, 2025, the FAA notified Airport staff that the Airport would be receiving an approximate increase of $6,133, 373 of grant funding to BIL ATP Grant No. 3 -06-0181- 070, for a revised grant amount of approximately $12,133,373.

On August 27, 2025, the FAA notified Airport staff that there were several projects that had been submitted that have been disqualified from receiving BIL ATP grant funding and that there could potentially be several more projects that could also be disqualified from receiving BIL ATP grant funding within the next year . The grant funding from the disqualified projects is placed back into the BIL ATP grant funding pool and could potentially be redistributed to the qualifying projects, such as the Airport ’s new Baggage Handling System over the next year.

While the amount of the additional redistributed grant funding is not certain, and it is not guaranteed that the Airport will receive any additional funding above the approximate increase of $6,133,373, it is crucial for the City Manager to have the authority to promptly accept any additional BIL ATP grant funding for the new Baggage Handling System.

Staff is recommending City Council approve the acceptance of an increase of up to $9,000,000 to Federal Aviation Administration Airport Terminal Program (ATP) Grant No. 3-06-0181-070-2025, for a revised grant amount not to exceed $15,000,000.

Item 1H - Page 3
FY25 ATP FY25 AIG FY25 AIP FY25 OTA
~181-070-2025 ~181-071 -2025 3-06-0181-072-2025 TSA Airport Funds TOTAL Federa l Share Percentage 95.00% 90.66% 90.66% 95.00%
!Appro xi mate Grant Amount $6,000,000 .00 $21,552,776.00 $7,963,213.00 $24,184,932.24 $59,700,921.24 Local Match $315,789.00 $2,220,416 .00 $820,388.00 $1,272,891.17 $29,238,953.59 $33,868,437.l{l.

City Council Staff Report
September 10, 2025 -- Page 4
Acceptance of FAA ATP Grant Funding Increase

Revised Summary of Grants

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. The BHS Project will continue to utilize existing utilities such as water, sewer, electricity and does not result in an increase of more than 10,000 square feet of building expansion. The BHS Project area has been heavily disturbed by previous airport-related activities and consists of the existing baggage handling system area and three existing baggage carousels. All areas within the BHS Project area have been paved over or built upon. Therefore, Staff has determined that the Baggage Handling System In-Line Scree ning Project, Airport Project PSP -04, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council’s Strategic Plan Broad Goal of Infrastructure and Facilities, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Operational Excellence.

FISCAL IMPACT:

The Project represents a total investment of approximately $93,569,359, with funding sourced through multiple federal grant programs.

The Airport has secured substantial federal support of $68,700,921.24 through four funding streams:

1. TSA Other Transaction Agreement – $24,184,932.24 at 95% federal share

2. BIL Airport Infrastructure Grant – $21,552,776 at 90.66% federal share

3. FAA Airport Improvement Program – $7,963,213 at 90.66% federal share

4. BIL Airport Terminal Program – $15,000,000 at 95% federal share

An additional $5.3 million is anticipated from the BIL Airport Infrastructure Grant program in the final year of the funding cycle.

Item 1H - Page 4
FY25 ATP FY25 AIG FY25 AIP FY25 OTA
3-06-0181-070-2025 3-06-0181-071-2025 3-06-0181-072-2025 1SA Airport Funds TOTAi.

Federal Share Percentage 95.00% 90.66% 90.66% 95.00%
Appro ximate Grant Amount $15,000,000.00 $21,552 ,776.00 $7,963,213.00 $24,184,932.24 $68,700,921.24 Local Match $750,000.00 $2,220,416.00 $820,388.00 $1,272,891.17 $19,804,742 .59 $24,868,437 .7~ City Council Staff Report
September 10, 2025 -- Page 5
Acceptance of FAA ATP Grant Funding Increase

The Airport's financial commitment includes $5,063,695.17 in required grant matching funds and $19,804,742.59 from accumulated Airport capital reserves. To offset local costs, the Airport will utilize Passenger Facility Charges—federally authorized fees collected from departing passengers specifically designated for airport capital improvements. Grant expenses ($6 8,700,921.24) are allocated to Airport account 4167070- 50126, with the Airport's capital contribution ($24,868,437.76) budgeted under Airport Capital Improvement Project account 4167065- 80000. Funding is phased across Fiscal Years 2025- 26 and 2026-27 to align with construction milestones and ensure effective cash flow management.

All federal grants operate on a reimbursement basis.

REVIEWED BY:

Assistant Airport Director: Jeremy Keating
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

None.

Item 1H - Page 5

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVAL OF LOAN OF MEASURE J FUNDS IN THE AMOUNT OF $250,000 FOR PUBLIC ART INSTALLATIONS IN CITY PARKS

FROM: Scott C. Stiles, City Manager

BY: Housing & Community Development Department

SUMMARY:

The Measure J Oversight Commission (MJOC) has approved a request from the Public Arts Commission (PAC) for a loan of $250,000 from Measure J funds for the installation of public art pieces in several City parks. These funds are for the immediate installation of public art pieces which are part of the "Artscape in the Parks" and “Beautiful Shade” programs. The art pieces for these programs are completed and awaiting installation. The PAC anticipates these funds will be repaid to Measure J funds from future Public Art Funds as they become available during the current fiscal year.

RECOMMENDATION:

1) Approve loan of Measure J funds in the amount of $250,000 for various public art installations in City Parks.

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

BACKGROUND:

Artscape in Parks

From July 11 to August 29, 2024, a Call for Artists was released across various platforms and sent to over 100 artists in the City's database. The call, which received 39 proposals, sought proposals for new, permanent, and freestanding sculptures suitable for long-term outdoor display in a desert environment. The artwork was to be welcoming, reflect themes of community and healthy living, and be safe, durable, and resistant to vandalism, especially given their placement in high-traffic pedestrian areas.

On November 21, 2024, City Council approved four “Artscape in Parks” projects with one each at Desert Highland Park (Shapes and Sizes by Ben Sinor) , Baristo Park (Spegody Item 1I - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
Measure J Funds for City Park Art Installations

by Jack Howard- Potter), Victoria Park ( Rover by Jeff Zischke) , and Gateway Park (Dancer 6 by Lyle London).

Beautiful Shade

A call for artists for the Beautiful Shade Project was released on August 1, 2024. A total of fifty-one proposals were submitted by the deadline of November 15, 2024.

On March 12, 2025, City Council approved two “Beautiful Shade” art projects with one at Ruth Hardy Park (Parkside Gossip by Artist Roger Reutimann) and the other at Sunrise Park (Dragonfly Bench, by Artists Addie Boswell and Matt Cartwright).

The Artscape in Parks and Beautiful Shade projects were presented to the respective neighborhood groups and the Parks and Recreation Commission.

Following discussions with the City Manager’s Office, staff sought approval from the Measure J Oversight Committee on July 17, 2025, which voted to approve the loan of Measure J funds in the amount of $250,000 for Public Art Installation.

STAFF ANALYSIS:

When the call for artists for these projects was originally issued, it was anticipated that City staff would be able to install the bases for the artwork. Unfortunately, due to other commitments and the complexities of designing the sculpture bases, City staff is no longer able to install the bases for the new artwork. This therefore requires that an outside firm design and install the sculptures, which adds significantly to the installation cost.

Furthermore, outstanding encumbrances and commitments of Public Art Funds substantially reduces the available resources of $488,500 f or fiscal year 2026. This includes a $192,000 reimbursement to the Thompson Hotel , $120,000 for the AIDS Memorial, $100,000 for Public Art Cleaning, and $70,000 for the Pride Monument . It should be noted the typical annual funding levels for the Public Arts Fund is approximately $400,000, which would allow for repayment of the loan over the course of the next year as funds become available.

As a result, while the art pieces are complete there are not enough funds to have them installed. A description of each artwork to be installed and their locations are described in the following sections of this report.

Rover by Jeff Zischke at Victoria Park

Rover is designed as an iconic landmark and gathering place for Victoria Park in Palm Springs. The sculpture is designed as a large geometric based dog that is built on a grand scale, is colorful and interactive working as a magnet for people to meet and enjoy the park environment. The sculpture is made of steel with an internal framework that is Item 1I - Page 2
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September 10, 2025 -- Page 3
Measure J Funds for City Park Art Installations

painted with a yellow ochre highly durable exterior rated UV finish. Rover is 15 feet tall, 12 feet long, and 5 feet wide.

Rover by Jeff Zischke

Rover by Jeff Zischke
Location at Victoria Park

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Measure J Funds for City Park Art Installations

Shapes and Sizes by Ben Sinor at Desert Highlands Park

Shapes and Sizes is a representation of the beauty of people from all walks of life while also paying homage to the natural world around us and its everlasting beauty. Through the utilization of various types of cacti in blossom, community and the diversity within it are represented. With the pieces in blossom, it demonstrates that the community is comfortable with itself and in collaboration via the willingness to demonstrate their true selves. Shapes and Sizes will be constructed of painted carbon steel. Shapes and Sizes is approximately 12 feet tall and has an estimated weight of 3,000 pounds collectively.

Shapes and Sizes by Ben Sinor

Shapes and Sizes by Ben Sinor
Location at Desert Highland Park

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Measure J Funds for City Park Art Installations

Spegody by Jack Howard-Potter at Baristo Park

The sculpture is a large colorful body part collage. Placing body parts in odd places and using a mix of limbs and components created interesting, intriguing forms. Viewers are at once comfortable with the sculptures and also inquisitive and confused. T he addition of the bright colors further draws viewers in and celebrates the different shapes as figurative but put together in a new and exciting way. The sculpture’s figurative elements and the colors will reference the viewers’ own experiences; they may recall their favorite sports team’s colors, the colors of their flag, school or landscape, and recognize the human forms. This makes the sculpture widely appealing because there are many ways viewers can identify with it. Spegody is 10 feet high, 24 feet long, and 18 feet deep.

Spegody by Jack Howard-Potter

Spegody by Jack Howard-Potter
Location at Baristo Park

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Measure J Funds for City Park Art Installations

Dancer 6 by Lyle London at Gateway Park

Dancer 6 is made of aluminum plates which are formed, welded, and ground smooth. The color shifting automotive paint shows a jade and magenta coloration which changes from different angles of view and consists of 4 layers – an etching primer, a black undercoat, a color shifting coat, and a final clear coat of catalyzed urethane. Dancer 6 is 11 feet tall and 7 feet wide.

Dancer 6 by Lyle London

Dancer 6 by Lyle London
Location at Gateway Park

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Measure J Funds for City Park Art Installations

Parkside Gossip by Roger Reutimann

The sculpture features a trio of steel sun umbrellas arranged to resemble a Sacred Datura flower in various stages of bloom, with custom finials enhancing the floral illusion. Its design uses perforated steel to allow breezes to pass through, reducing wind resistance.

Positioned beneath the umbrellas is an oval concrete bench, strategically placed to maximize shade from 10 a.m. to 3 p.m. The entire structure is finished in a durable automotive paint, ensuring longevity and minimal maintenance in the desert climate. The piece is designed to be inviting and whimsical, making it an appealing and functional addition to a public park.

Parkside Gossip by Roger Reutimann at Ruth Hardy Park

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Measure J Funds for City Park Art Installations

Parkside Gossip Location

Dragonfly Bench by Matt Cartwright and Addie Boswell at Sunrise Park

Dragonfly Bench is a 13 -foot-tall, 7-foot-wide sculpture designed to provide shade. Its structure consists of a tripod base with three ergonomic steel seats that support a main rolled-steel stem weighing 300 pounds. The upper portion features a 30-pound aluminum leaf and a 70- pound aluminum dragonfly. The dragonfly's wings are crafted from two layers of laser-cut aluminum, with UV-resistant transparent acrylic pieces adhered within the lacy veins to create a unique shade pattern. The entire structure is designed to be vertically balanced and securely anchored, with each component's weight and materials carefully specified for stability and durability.

Dragonfly Bench by Addie Boswell and Matt Cartwright

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Measure J Funds for City Park Art Installations

Dragonfly Bench Location

Approval of the Measure J loan will allow several art pieces to be installed as early as September, making them immediately accessible to the public. Doing so will address the Council's desire for substantial public art in City parks, demonstrating tangible progress on this initiative. It ensures that Measure J funds are actively deployed for community benefit. The Public Arts Commission is ready to proceed with installation as soon as use of these funds are approved by the City Council.

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 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

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Measure J Funds for City Park Art Installations

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action addresses Strategic Plan Framework Overarching Principle of Social Equity, Broad Goals of Economic Development, Infrastructure, and Community Services.

FISCAL IMPACT:

Sufficient funds are budgeted and available through Measure J Funds. The requested allocation of $250,000 from Measure J funds would function as a bridge loan, enabling the immediate installation of these completed artworks. As noted previously , the typical annual funding levels for the Public Arts Fund is $400,000. It is anticipated that development projects will provide additional Public Art Funds over the course of the coming year that can be used to repay the Measure J fund.

REVIEWED BY:

Department Director: Jay Virata
Finance Director: Kristopher J. Mooney
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles

ATTACHMENTS:

None.

Item 1I - Page 10

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVE PUBLIC ART RELOCATION OF IMPOSSIBLE LAWN CHAIR

TO DOWNTOWN PARK, AND INTERSECTING CUBES TO SUNRISE
PARK

FROM: Scott C. Stiles, City Manager

BY: Housing & Community Development Department

SUMMARY:

The Public Arts Commission is proposing to relocate two public artworks, Impossible Lawn Chair by artist Blue McRight and Intersecting Cubes by artist Brian Biedul. It is proposed Impossible Lawn Chair be relocated to an open area of the Downtown Park and Intersecting Cubes be located to open space within Sunrise Park, north of the walking path near the Boys and Girls Club. This initiative is the culmination of a deliberate process by the Public Arts Commission and the Park s and Recreation Commission, aiming to refresh the City's public art landscape and distribute cultural assets more equitably across the community.

RECOMMENDATION:

1. A pprove placement of Impossible Lawn Chair in the Downtown Park to an open area west of Belardo Road.

2. Approve placement of Intersecting Cubes in Sunrise Park in the grassy area north and east of the paved walkway in the vicinity of the Boys and Girls Club.

3. Authorize the City Manager to execute all necessary documents to facilitate the relocation.

BACKGROUND:

On February 15, 2025, the Public Arts Commission approved locating Impossible Lawn Chair to the mid-block of North Palm Canyon Drive to Sunrise Park.

On May 1, 2025, the Public Arts Commission approved relocating Intersecting Cubes from its current location on North Palm Canyon Drive to Sunrise Park.

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Impossible Lawn Chair and Intersecting Cubes - Relocation

On August 1, 2025, the proposed locations for Impossible Lawn Chair and Intersecting Cubes were presented to the Parks and Recreation Commission to ensure that the proposed relocation sites are appropriate from both an artistic and a recreational standpoint, further validating the recommendations presented in this report.

STAFF ANALYSIS:

The two artworks under consideration, Impossible Lawn Chair and Intersecting Cubes, have been integral parts of Palm Springs' public art collection for over a decade.

Impossible Lawn Chair

Impossible Lawn Chair (depicted below) was created by artist Blue McRight. It was initially displayed at the Pepper Tree Inn before being relocated in 2013 to the Skylark Hotel, located at 1466 North Palm Canyon Drive. It is currently in storage.

Impossible Lawn Chair
Blue McRight

The proposed location for Impossible Lawn Chair is an open area west of Belardo Road within Downtown Park (shown below). Downtown Park is a central hub for residents and tourists alike, making it an ideal location to maximize public engagement with the artwork.

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Impossible Lawn Chair and Intersecting Cubes - Relocation

By placing the sculpture in this prominent community space, the C ity ensures the piece can be experienced by residents and visitors.

Impossible Lawn Chair
Proposed Location

Intersecting Cubes

The second artwork, Intersecting Cubes (shown on the following page), was created by artist Brian Biedul. The sculpture includes two, four -foot intersecting cubes that are suspended within four steel columns that rise eighteen feet into the air.

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histing Parking Structure
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Impossible Lawn Chair and Intersecting Cubes - Relocation

Intersecting Cubes
Brian Biedul

The commission considered various locations for the Intersecting Cubes sculpture. It was decided to move the piece from its current location at 803 North Palm Canyon Drive to Sunrise Park in the grassy area to the north and east of the Boys and Girls Club (shown on the following page) . The open environment of Sunrise Park accentuates the large sculpture. Placing it along a public walking path and in proximity to a community center increases its visibility.

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Impossible Lawn Chair and Intersecting Cubes - Relocation

Intersecting Cubes
Proposed Location

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 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

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September 10, 2025 -- Page 6
Impossible Lawn Chair and Intersecting Cubes - Relocation

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action addresses Strategic Plan Framework Overarching Principle of Social Equity, Broad Goals of Economic Development, Infrastructure, and Community Services.

FISCAL IMPACT:

The cost of relocation of the sculptures will be covered by the Public Arts Fund, with no additional financial burden on the City's General Fund.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles

ATTACHMENTS:

None.

Item 1J - Page 6

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT 23P041, THE COMMUNITY WORKFORCE

ADMINISTRATION SERVICES AGREEMENT WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

This action requests City Council approval of Amendment No. 2 to the Contract Services Agreement with TSG Enterprises Inc ., dba The Solis Group, to increase the maximum four-year contract amount by $700,000 for a maximum amount not to exceed $1,200,000 for the administration of the City’s Community Workforce Agreement.

RECOMMENDATION:

1) A pprove Amendment No. 2 to Contract Services Agreement 23P041, a four-year service agreement with TSG Enterprises, Inc. dba The Solis Group, increasing the contract amount by $700,000 to a maximum amount not to exceed $1,200,000 for the administration of the City’s Community Workforce Agreement.

2) Authorize the City Manager or designee to execute the agreement.

BUSINESS PRINCIPAL DISCLOSURE:

The Solis Group is a California corporation (see Attachment A).

BACKGROUND:

On February 27, 2020, the City Council directed Staff to forge a partnership between the City of Palm Springs and the San Bernardino/Riverside Building and Construction Trades Council ("Building Trades Council") as well as other independent labor groups ( e.g., Southwest Regional Council of Carpenters) with a goal to create construction jobs for local residents, veterans and minorities on City public works projects valued at $1 million or more. This relationship is envisioned to expand the City's ongoing job creation efforts Item 1K - Page 1
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September 10, 2025 -- Page 2
Amendment 2 - Service Agreement for CWA

for the City's public works projects. The partnership is intended to develop skilled workers in the construction industry by capitalizing on opportunities available on larger City-funded public works projects.

As outlined in the February 27, 2020 Staff Report, a key component of the program would be a Community Workforce Agreement (CWA). The CWA is applied to eligible City of Palm Springs public works projects to set a goal of hiring local residents working in skilled crafts and trades who otherwise travel to w orksites outside the City for employment, as well as at -risk youth, low -income and under/unemployed residents, women, minorities, LGTBQ+ members of the community, and veterans. The CWA is a result of discussions with the Building Trades Council representative and well as representatives from the Southwest Regional Council of Carpenters. The CWA identifies which types of City public works construction projects would be subject to the agreement. The CWA's term is for a period of five years from the effective date.

The Community Workforce Agreement went into effect August 31, 2021, and the City required the assistance of an Administrator to provide administrative and labor compliance services.

The Procurement and Contracting Department, in coordination with the Engineering Services Department, issued a Request for Proposals (RFP) for Community Workforce Administration Services on January 9, 2023. The Solis Group proposal is included for reference as Attachment C.

On March 23, 2023, the City Council approved a four-year contract with The Solis Group to provide Community Workforce Administration Services. The initial $200,000 contract amount recommended for award at the time was an estimate of the cost of the services needed over the term of the agreement. Since this was the City’s first Community Workforce Agreement, the actual costs of the contract were not known as it would be dependent on the number of projects over $1 million that the City would undertake during the contract term.

On March 28, 2024, the City Council approved Amendment No. 1 to The Solis Group in the amount of $300,000. The original contract amount was exhausted within one year with only seven public works projects, requiring additional funds.

STAFF ANALYSIS:

The first year, seven (7) public works projects were undertaken that exceeded the $1 million threshold required for a CWA as follows:

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September 10, 2025 -- Page 3
Amendment 2 - Service Agreement for CWA

Project # Project Name Amount
City Project 22-05 Navigation Center $43,550
City Project 19-28 Rec. Field Lighting $14,196
Airport Project 21-28 Airport Common Use Podiums $8,040 City Project 18-04 Plaza Theatre $70,434
City Project 19-15 Storm Drain Line 20 $24,656
WWTP Project 18-18 Bogert Lift Sewage Lift Station $15,678 City Project 24-01 2024 Pavement Rehabilitation $15,410 Total: $191,964

After Amendment No. 1 was approved, 15 task orders were approved for projects , including seven (7) amendments ( Attachment D ), including airport and wastewater treatment plant projects, as follows:

Project # Project Name Amount
Airport Project 21-28 Common Use Podiums added costs $1,608 City Project 22-05 Navigation Center added costs $7,500 City Project 24-01 2024 Pavement Rehab added costs $5,000 City Project 19-15 Storm Drain Line 20 added costs $11,200 Airport Project 21-27 Taxiway Rehabilitation $18,879
City Project 24-02 City-Wide Slurry $13,936
City Project 12-02 S. Palm Canyon Bridge $67,826
WWTP 18-18 Bogert Lift Station added costs $3,484
City Project 22-05 Navigation Center added costs $5,000 City Project 18-14 Gene Autry Windwall $13,920
WWTP 01-11B Indian Canyon Drive Sewer $27,000
City Project 25-01 City-Wide Paving Project $12,900
City Project 18-04 Plaza Theatre added costs $23,478
City Project 16-08 Library Renovation $74,000
City Project 22-24 Pickleball Court Expansion $17,200
Total: $302,931

For the remaining t wo years of the contract, S taff anticipates having 15 to 25 more projects, including major bridge projects that exceed the $1 million threshold. At the rate of about $300,000 to $350,000 a year, we anticipate that an additional $7 00,000 for the remaining two years would cover the anticipated costs. However, it is understood that the number of projects may vary and the total cost to be paid to the Solis Group may vary depending on the actual projects constructed.

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Amendment 2 - Service Agreement for CWA

ENVIRONMENTAL ASSESSMENT:

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

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

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan Broad Goals of Infrastructure and Facilities and Public Safety and Community Services , as well as the Overarching Principle of Social Equity – as its purpose is to increase the number of construction staff available to perform capital projects for the City and to ensure that those workers are paid a fair wage for their work.

FISCAL IMPACT:

Funding for the agreement is provided by the individual projects requiring CWA assistance.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Amendment 2 to Service Agreement
C. Solis Group Proposal
D. Solis Group Amendment Requests

Item 1K - Page 4

Attachment A
Item 1L - Page 5
Item 1K - Page 5

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 t
han 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, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please iden tify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General P artner  Limited Partner
Other ____________________ _______
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other ___ _______________________
________________________________  O
fficer  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 1L - Page 6
Item 1K - Page 6

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, AB C COMP
ANY, 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/in vestor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inves tor] [p ercentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [p ercentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of benef icial interest i n entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
Item 1L - Page 7
Item 1K - Page 7
City of Palm
Springs, CA.

Business Disclosure Supplementary Instructions
In an eff o rt
to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary i nstructions to clearly identif y th e required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business e ntities as i ts members or having a financial interest, all other such bu siness entities must also be disclosed, including those e ntities other business entities, if any.

Ultimately, th e City’s disclosure document (at tached) requires a listing identif ying a ll n atural persons having any financial interest over 5% of the business entities (and any other bus iness entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which i s ow ned 50% by Acme Brot hers, LLC, a Cal ifornia limited liabilit y comp any, and John Doe (25% inte rest) and Jill Doe (25% i nterest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc ., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Ac me Brothers 2, LLC, a California limited liability comp any, w hich is ma naged by George Doe, with G eorge Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers,
LLC, a California limited liability company
ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1L - Page 8
Item 1K - Page 8

Attachment B

Item 1K - Page 9
55575.18100\42913029.1

(BB&K 2024)

AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT 23P041

BETWEEN THE CITY PALM SPRINGS AND
TSG ENTERPRISES, INC. DBA THE SOLIS GROUP

1. Parties and Date.

This Amendment No. 2 to Contract Services Agreement 23P041 is made and entered into as of this 10 th day of September, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and TSG Enterprises, Inc. dba The Solis Group, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. City and Consultant entered into an agreement titled “Contract Services Agreement 23P041, Community Workforce Administration Services” dated April 1, 2023 (“Agreement”) for the purpose of retaining the services of Consultant to provide Community Workforce Administration services in an amount not to exceed $200,000 and a term of April 1, 2023 to April 1, 2027.

2.2 Amendment 1. City and Consultant entered into Amendment No. 1 dated March 28, 2024, for the purpose of increasing the compensation of the Agreement to an amount not to exceed $500,000.

2.3 Amendment Purpose. City and Consultant now desire to amend the Agreement to increase the compensation of the Agreement.

2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 Changes of the Agreement.

3. Terms.

3.1 Compensation of Contractor Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:

Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $1,200,000.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

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. 2.

Item 1K - Page 10
55575.18100\42913029.1

(BB&K 2024)

3.4 Severability. If any portion of this Amendment No. 2 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. 2 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 1K - Page 11
55575.18100\42913029.1

(BB&K 2024)

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT 23P041

BETWEEN THE CITY PALM SPRINGS AND
TSG ENTERPRISES, INC. DBA THE SOLIS GROUP

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

THE SOLIS GROUP:

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 $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1K - Page 12

Attachment C
Item 1K - Page 13

PROPOSAL
No. 20-23
February 8, 2023
Electronic File #1: Technical Proposal
City of Palm Springs

COMMUNITY WORKFORCE

ADMINISTRATION SERVICES
Item 1K - Page 14
The
Solis
Group
1 City of Palm Springs
20-23 Community Workforce Administration Services
Cover Letter
Kim Baker
City of Palm Springs
Procurement and Contracting Dpt.
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposal to Provide Community Workforce
Administra tion Services
Dear Kim Baker:

The Solís Group (TSG) is pleased to submit our proposal for Community Workforce Administration (CWA)
Services to the City of Palm Springs (City).

Headquartered in Pasadena since 1992, TSG is a
recognized leader in the management of CWAs. We have
served municipalities like Palm Springs, including cities like Anaheim, Buena Park, Garden Grove, Hesperia, and
Moreno Valley. We have direct project experience in the region providing CWA Administration services at
Coachella Valley Unified School District.

We provide expert advice, accurate and timely reporting, and a staff that is courteous and responsive. TSG is
respected in the industry as a firm that provides
innovative and flexible solutions to solving compliance issues before they escalate.

We acknowledge receipt of Addendum 1 dated
January 9, 2023 and Addendum 2 dated January 26, 2023.

I am authorized to represent TSG and look forward to
working with the City.

Sincerely,
Elizabeth Solis
CEO
Firm Information
TSG Enterprises, Inc. dba
The Solís Group
3452 E Foothill Blvd, Suite 200
Pasadena, California 91107
Phone: (626) 685-6989
Fax: (626) 685-6985
Est. 1992 California Corporation
Principal Contact:

Elizabeth Solis, CEO
Phone: (626) 685-6989
Email: [email protected]
Proposal Contact:

Gary A. Hamm, Executive Director,
Business Development
Phone: (626) 685-6989
Email: [email protected]
TSG is a certified SBE and DBE.

Our services include:
• CWA/PLA Administration
• Labor Compliance
• Jobs Coordination
• Contractor Outreach
Item 1K - Page 15
2 City of Palm Springs
20-23 Community Workforce Administration Services
Table of Contents
Cover Letter 1
T able of Contents 2
Section A: Firm Qualifications and Experience
A1. Compan y Overview 3
A2. Subc onsultants 5
A3. R eferences 6
Section B: Staff, Team’s Qualifications and Experience
B1. St affing 10
B2. Qualific ations of Key Staff 11
B3. P artners 20
Section C: Demonstrated Understanding of the Project
C1. P roposed Approach 21
C2. Additional Insigh t 24
C3. P otential Key Issues 27
Section D: Local Preference
D1. Loc al Preference 28
Section E: Forms 28
A ttachment A
A ttachment B
A ttachment C
A ttachment D
A ttachment E
Section F: Cost Proposal 28
Item 1K - Page 16
3 City of Palm Springs
20-23 Community Workforce Administration Services
Section A: Firm Qualifications
and Experience
A1. Company Overview
TSG is a program/project management firm providing
professional CWA administration services for public agency construction programs. Our experts work directly with
owners and contractors alike - solving problems by providing tailored solutions for each project. Since 1992, our clients have relied on us because of our flexibility, quality of service, and stakeholder support.

We specialize in the implementation and administration of CWAs, workforce development and small business utilization, labor compliance programs (LCPs), and community and contractor outreach. Our approach to labor management has been developed through years of experience in service to municipalities like the City. We come prepared on day one with our research, relationships, and lessons learned to layout the initial groundwork necessary to ensure the City’s program is successful.

Our firm is one of the early pioneers in helping owners with the management and enforcement of CWAs, LCPs, and related
programs. We have an effective, balanced, and practical approach to the administration and enforcement of CWAs and LCPs. Acting as a DIR-certified Third-Party Labor Compliance Program has given us the knowledge, skills, and internal protocols to implement labor management efficiently. Over many years our team has developed positive working relationships with DIR staff and the City will benefit in time and cost savings from our experience.

Our success has been driven by our people - through their knowledge and experience - and by our continuing commitment to ongoing training and professional enhancement. The quality of our personnel represents the culmination of our decades-long commitment to being the best-in-class labor management and labor compliance provider in Southern California.

TSG’s Municipal
Clients
Anaheim
Alhambra
Buena Park
Carson
Corona
Costa Mesa
El Monte
Fresno
Garden Grove
Hesperia
Lawndale
Long Beach
Montebello
Monterey Park
Moreno Valley
Ontario
Palmdale
Pasadena
Perris
San Mateo
Santa Ana
Santa Barbara
Santa Paula
Victorville
Yuba City
Item 1K - Page 17
4 City of Palm Springs
20-23 Community Workforce Administration Services
Firm Experience
We are optimally suited to provide the full suite of
services to successfully implement the City’s CWA:

1. CWA Implementation

2. Labor Management

3. Workforce Development/Jobs Coordination
Our depth of experience in CWAs enables us to offer a
unique perspective on tackling core issues, minimizing
project disruptions, and ‘hitting the numbers.’ To the
right is a partial list of clients for which we perform identical services to those listed in the City’s scope of work.

Every assignment has provided us with insight on how to best operate under varying circumstances - between the individual communities, the ever-changing construction
workforce, and the contractors active in different markets.

Our qualifications to support the City include key skill sets in:
• Managing, interpreting, and balancing
community-facing programs.
• Educating contractors and facilitating
communication.
• Monitoring contractor performance via a
highly visible onsite presence.
• Mediating contractor dispute/delinquencies
and managing their resolution.
• Reporting to the City, Project Manager, and Board.
• Managing staff member assignments to provide
cost-efficiencies to the City.

On the next page, we discuss our experience assisting
agencies in their initial adoption of a CWA, as well as how CWAs have changed in the past decade. Following that,
we have included three client references, as required by the RFP .

Item 1K - Page 18
TSG Experience with
CWA Administration
(Trailing Six Year Period)

1. City of Anaheim Current

2. Anaheim ESD Current

3. Anaheim UHSD Current

4. Azusa USD Current

5. Bassett USD 2018

6. Cerritos CCD Current

7. Chula Vista ESD Current

8. Coachella Valley
USD Current

9. Coast CCD Current

10. CRA-LA 2015

11. El Monte UHSD Current

12. Exposition Line 2018 Phase 2

13. Fremont USD Current

14. Honolulu Area 2021 Rapid Transit

15. Long Beach CCD Current

16. Long Beach USD Current

17. Montebello USD 2019

18. City of Moreno Current Valley

19. Mountain View SD Current

20. Port of Long Beach 2015 Middle Harbor

21. Port of Long Beach Current Port-Wide PLA

22. Rancho Santiago Current CCD

23. Rio Hondo CCD Current

24. San Bernardino Current CCD

25. City of Santa Ana Current

26. Santa Ana USD Current

27. West Basin MWD Current

28. Whittier City SD Current
N/A ✓ ✓ ✓
$77M ✓ ✓
$83M ✓ ✓
$92M ✓ ✓ ✓
$3.3M ✓ ✓ ✓
$350M ✓ ✓ ✓
$136.SM ✓ ✓ ✓
$33.6M ✓ ✓ ✓
$698M ✓ ✓ ✓
$1.9B ✓ ✓ ✓
$148M ✓ ✓ ✓
$1.SB ✓ ✓ ✓
$650M ✓ ✓
$10B ✓
$1.47B ✓ ✓ ✓
$1.SB ✓ ✓ ✓
$300M ✓ ✓ ✓
N/A ✓ ✓ ✓
$12M ✓ ✓ ✓
$800M ✓ ✓ ✓
$731M ✓ ✓ ✓
$198M ✓ ✓ ✓
$245M ✓ ✓ ✓
$470M ✓ ✓ ✓
N/A ✓ ✓ ✓
$16M ✓ ✓ ✓
$SOM ✓ ✓ ✓
$58M ✓ ✓ ✓
@} I
5 City of Palm Springs
20-23 Community Workforce Administration Services
How Have CWAs Changed?
CWAs and the way in which agencies implement them has
become more sophisticated, quantitative, and rigorous. We are well-versed in current industry and regional trends. We have guided 21 agencies through the process of implementing a CWA for the first-time. These assignments provide us with experience across each stage – from negotiation to implementation to administration and reporting – along with staff training and best practices programs to enable owners to be proficient in managing CWAs with inhouse staff. We are confident in our Administration: A decade ago, CWA terms, conditions, and program objectives were generally new to public sector owners. Today’s owners are better informed of the principal elements and issues addressed in CWAs, and often have a Board directive to achieve specific goals. The consequence is the need for a structured program rollout, sophisticated data gathering and tracking, strong stakeholder engagement, and effective reporting.

Hiring Goals: In the past, CWAs often had nominal language regarding workforce development programs, sometimes lacking enforcement mechanisms. Now, these programs often include multiple distinct focus communities, and quantitative goals with significantly higher requirements. There has been an increase in the use of tier-structured goals making tracking and accurate reporting more complex. One challenge of such changes is maintaining clarity for the contractors that face differing definitions and goals between CWA projects.

Provisions: Non-union contractors who utilize their own employees must register their company and core workers with unions and refer them in an alternating 1:1 ratio. This requirement would oftentimes discourage local small businesses, as they could not meet it. Currently, we are seeing a number of CWAs give certified small businesses the courtesy of being able to utilize three core workers without alternating at the start.

Planning and Education: Historically, Pre-Job Conferences were too often ad-hoc events without the necessary pre-planning. Meetings were initiated with limited or contested information, limiting the ability to finalize decisions while in the room, and ultimately leaving participants with the experience of a contentious meeting and a tense start to projects. Our structured approach obtains the required information before the meeting; our planning fosters a more collaborative, positive start to contractor-trades relationships. TSG has adapted to these everchanging circumstances by using a lessons-learned approach; we have enhanced our internal processes to ensure constant process improvement to better serve our clients. We prioritize:
• Building relationships with awarding bodies, contractors, and unions. • Understanding where common mistakes occur and finding solutions ahead of time. • Planning and foresight to ensure meetings are successful. ability to successfully implement the City’s new program in the same seamless and effective manner . Following are some key areas where CWA work has evolved, requiring a structured response to ensure the program’s success.

A2. Subconsultants
TSG will not be utilizing any subconsultants on this assignment.

Item 1K - Page 19
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6 City of Palm Springs
20-23 Community Workforce Administration Services
TSG is providing PLA Coordination services for the
bond-funded modernizations occurring at multiple schools throughout the District. We are responsible for all
coordination tasks enumerated in the PLA, including Pre-Job meetings to resolve jurisdictional issues, ensuring proper craft request procedures, and hosting Joint Administrative Committee (JAC) meetings. Currently, we have provided
these services for projects at nine different school sites.

At the outset of this Program, we identified three challenges related to the use of multi-prime procurements:
• Each bid package required an individual Pre-Bid
Conference;
• Bid packages 10% over the engineer’s dollar estimate
were required to be rebid without the PLA; and,
• The overarching challenge of resolving confusion
with union site visits, as they would need to confirm
whether or not a particular set of workers were
covered by the PLA.

In response to these challenges, we opted to track the PLA status of workers, in addition to our regular data. We tracked workforce numbers of non-PLA bid packages to create a
well-rounded idea of project total numbers but also be able to report and communicate to the District the PLA-specific numbers.

Additionally, to address and mitigate overbidding, we made a conscious enhanced effort to inform the Building Trades when potential projects would be bidding so union contractors were pre-qualified and more active in these bids. Our response created a clearer, more defined process that resolved
confusion and improved communication between all parties.

Periods of Performance:
2016 - Current
Total Project Cost:
$103 Million
Total TSG Fee:
$514,720
Services Provided:

PLA Coordination,
Labor Compliance, Local Hire
Reference Information:

Jovanim Martinez
Director of Maintenance
and Operations
[email protected]
Chula Vista Elementary School District
Bond Measure Modernization Program, Chula Vista, CA
A3. References
Item 1K - Page 20
7 City of Palm Springs
20-23 Community Workforce Administration Services
Project Name Project Cost TSG Fee
AVC, LCC, C, M, R Roof & HVAC $4,000,000 $14,514
CP , H, K, LA, M, R Roof & HVAC $2,000,000 $11,028
Feaster Charter Elementary $16,098,150 $48,276
Fire Alarm Replacement $500,000 $9,944
Halecrest & Loma Verde HVAC $1,649,068 $2,023
JL, PV, VV Roof & HVAC $4,500,000 $35,924
L, M, P Roof & HVAC $3,500,000 $28,956
Lighting Retrofit $4,079,322 $13,055
Multi-Site HVAC Reno $1,655,186 $2,023
Muraoka $6,500,000 $43,872
New Otay Ranch V3 ES $35,000,000 $75,718
Prop E Bond Mod $30,000,000 $42,526
School #46 Otay $28,300,000 $69,639
Solar Energy $32,000,000 $70,830
Sunnyside ES $10,000,000 $46,392
A unique aspect on this assignment has been the inclusion of bi-monthly Labor Management Meetings with the District, unions, Construction Manager, and San Diego Building Trades. These sessions aim to present an opportunity to ask questions about upcoming projects, raise potential concerns to the team, and provide a chance for a general check-in with involved parties.

Throughout the Covid-19 Pandemic, these meetings became crucial to not only building and maintaining relationships, but more importantly, establishing a sense of comraderie between all parties. This has since strengthened existing relationships, built trust, and overall had a positive impact on current projects.

The District’s PLA Program has always prioritized strong workforce development goals. To the right, we have included our performance on the District’s Village 3 project, where the goal is 50% and we are currently exceeding it at 83.24%.

Item 1K - Page 21
Chula Vista ESD
Village 3
Workforce Development
8 City of Palm Springs
20-23 Community Workforce Administration Services
TSG is providing CWA administration, workforce development, and labor compliance monitoring services for the City of Anaheim Public Works Capital Improvement Program. TSG
works closely with City staff on a portfolio of projects, coordinating the CWA’s innovative workforce development and employment programs in addition to handling all labor compliance matters from pre-construction through close-out.

As the designated coordinator, we are responsible for:
• Recording the hours spent administering the CWA.
• Submitting weekly activity reports to the City’s
CWA Administrator.
• Assisting in the preparation of status reports of the CWA directly given to the City Council.
• Implementing best practices related to the CWA.
• Maintaining files and databases of the CWA.

We assist with compliance education at Pre-Bid and
Pre-Construction meetings, assist with reviewing areas of concern in the administration of the CWA, and make
recommendations of enforcement actions.

Early in our assignment with the City, we worked with a contractor that was relatively new to public works and CWAs.

We worked closely with this contractor to ensure they were properly set up and in contact with the unions. We also assisted in answering a number of questions regarding DAS forms and requirements, preventing them from having any serious
apprentice violations.

Since most of the City’s projects fall within the $1 million to $2 million range, we are particularly diligent to ensure they are as cost-conscious and time-efficient as possible.

To date, projects are meeting their workforce development goals and no grievances have been filed.

Periods of Performance:
2020 - Current
Total Project Cost:
$20 Million
Total TSG Fee:
$115,076
Services Provided:

CWA Administration, Labor
Compliance, Local Hire
Reference Information:

Brenda Medina
Contract Administrator
[email protected]
(714) 765-5157
City of Anaheim
City-Wide Community Workforce Agreement Administration, Anaheim, CA
Item 1K - Page 22
9 City of Palm Springs
20-23 Community Workforce Administration Services
TSG is providing Project Labor Agreement (PLA)
administration and labor compliance as the City implements its first-time PLA. TSG works alongside City staff on a portfolio of projects to ensure contractors remain compliant with the PLA and handle all labor compliance matters from pre-construction through close-out.

Since this is the first time the City has adopted a PLA, there was a heightened attentiveness when we began the
assignment. The City expressed concern in wanting to confirm everything was being done correctly, on-time, and on-budget.

As an experienced PLA Administrator with over 20 first-time PLA assignments under our belt, we were able to reassure the City that the program was being implemented smoothly.

One aspect of this PLA is requiring regular community outreach events that are sponsored by the City and the Building Trades.

We have successfully assisted in planning and attending two outreach events.

On two of the first projects, a contractor ended up declaring bankruptcy partway through construction. This caused an upheaval of issues to occur. We guided the City, Unions, and workers through the process of replacing the contractor and reestablishing compliance with the PLA. Because of our action, we were able to correct any outstanding underpayments and continue construction with little difficulty.

To date, we have worked on 11 projects for the City, Below, we have included a small sample of them.

Periods of Performance:
2020 - Current
Total Project Cost:
$102 Million
Total TSG Fee:
$127,823
Services Provided:

PLA Administration,
Labor Compliance
Reference Information:

Melissa Walker
Acting Public Works Director/
City Engineer
[email protected]
(951) 413-3116
City of Moreno Valley
Project Labor Agreement Administration, Moreno Valley, CA Project Name Project Cost TSG Fee
Pavement Rehab Local Streets $2,240,965 $10,030
Citywide Pavement Rehab $4,150,000 $26,316
Rehab for Various Streets $1,900,000 $17,100
SR-60 Moreno Beach IC Ph2 $21,000,000 $41,408
Item 1K - Page 23
10 City of Palm Springs
20-23 Community Workforce Administration Services
Section B: Staff, Team’s Qualifications and Experience
B1. Staffing
Led by our CWA Administrator Katie Rich, our team of labor management specialists collectively has 30 years of industry experience in PLA implementation and are immediately available for assignment to the City’s task orders.

With over 12 years of industry experience and her positive, flexible management style, Katie is the exact CWA Administrator the City needs. Katie excels at building and maintaining positive relationships with all stakeholders, as well as providing an experienced outlook on any program. Katie can always be heard saying “Communicate, educate, and facilitate” and brings that same thoughtful perspective to this assignment. Currently, she works as CWA Administrator for both Coast Community College District and Chula Vista Elementary School District.

Between her experience and dedication to educating others, she will set the City’s program up for success.

Supporting her is Jeremy Turner, Vice President of Field Operations, who has over a decade of relevant experience and provides high-level support and will be a knowledgeable resource to the City throughout this assignment. He is
well-versed in the intricacies of CWAs and provides the City with a tenured staff member ready to answer any questions and resolve critical concerns. He is initimately familiar with municipal assignments, as many of his clients are cities, such as: Anaheim, Buena Park, and Moreno Valley.

Our proposed Labor Compliance Administrator is Andrew
Solis-Castillo, a seasoned TSG employee of six years. Over his tenure he has developed an understanding of CWAs
and LCPs, and this will prove beneficial to the City as its program evolves. He will assist Katie in educating
contractors and explaining the intent of the CWA,
local hire, and prevailing wage requirements to
ensure they fulfill their contractual obligations.

Site interviews will be conducted by our Senior Site
Interviewer, Olga Schriefer . She specializes in the
performance of on-site interviews to identify work
classifications, corroborate payment of prevailing wages and aggregate verifiable data relative to the tracking of local/targeted worker and apprentice utilization.

Both Katie and Andrew are designated as key personnel and will be available for the duration of the contract and shall not be removed or replaced without the prior written concurrence of the City. TSG will not be utilizing any subconsultants on this assignment.

Item 1K - Page 24
Field Operations
Olga Schriefer
Senior Site Interv iewer
Andrew Solis-Castillo
Labor Compliance Administ rator
11 City of Palm Springs
20-23 Community Workforce Administration Services
Katie Rich
CWA Administrator
“I love my job because everyone shares the same vision and is dedicated to our company mission. There is a genuine spirit of cooperation and shared goals all revolving around meeting our clients needs. There is something very satisfying about being a part of a project from start to finish and having a hand in the process.” With over 12 years of labor compliance experience, Katie oversees similar programs for public agencies across California. She submits necessary documents to the DIR, and reviews, tracks, and implements all new laws and regulations as set forth through State and Federal initiatives. She is expert in LCP Tracker utilization and project documentation subject to Federal Davis-Bacon and related acts. She is also experienced with a wide variety of public agency project funding sources and assisting agencies in meeting their funding windows.

Currently, Katie serves as the CWA Administrator for Chula Vista ESD and is responsible for monitoring all major projects funded by combined $240 million bond programs. This program involves Prop E and Measure VV bond funding and TSG is assisting the District in meeting all funding requirements. She oversees the TSG team across all aspects of CWA Administration, including workforce development tracking and labor compliance monitoring and enforcement. Katie excels in her efforts to mediate and facilitate in an unbiased manner towards all stakeholders on this assignment. Through her management, there have been zero formal arbitration hearings to date on our work at the District.

Katie has an extensive and varied portfolio of clients, including municipality, education, and water projects.

She is intimately familiar with administering CWA/PLA programs and LCPs. Most recently, she was selected to administer San Diego County Water Authority’s PLA. To be fully responsive to the City’s RFP , we have included a detailed narrative of Katie’s current work at Coast CCD to provide an in-depth look at one of her clients, as well as a reference. Following that is a one-page resume of additional projects she has worked on.

As your CWA Administrator, Katie:

1. Oversees the team.

2. Serves as the primary point of contact for the City.

3. Ensures technical accuracy on all projects.

Education
Bachelor of Arts, Graphic Design, Art Institute of San Diego B2. Qualifications of Key Staff
Item 1K - Page 25
12 City of Palm Springs
20-23 Community Workforce Administration Services
Katie’s CWA Experience at Coast CCD
Katie has provided similar services to those listed in the City’s RFP across a number of clients, like Coast CCD on their $698 million Bond-Funded Modernization Program. An overview of her specific role as Project Manager at the District includes the following responsibilities:
• Point of contact for the PLA and prevailing wage requirements for Local Unions, contractors, and the District.
• Oversees and enforces PLA requirements.
• Educates contractors on expectations and requirements. • Facilitates any issues or grievances that may arise.
• Works with the Building Trades and other Community-based organizations to find eligible contractors to bid.
• Provides reports to the District that include workforce development goals.

Between Katie’s experience and personability, she brings a positive and transparent communication style to any program she manages. Her work is successful due to her being able to effectively establish and build relationships, efficiently educate contractors on their responsibilities, and her understanding of program requirements.

For example, on one Coast CCD project, there was disorganization regarding bid packages and the scheduling of Pre-Job meetings due to the work scopes for the project requiring separate Pre-Job meetings. This led to frustration between parties and contentious meetings. Katie was able to swiftly resolve the situation by utilizing her communication and leadership to schedule separate meetings and ensure all stakeholders were aware and understood the new schedule.

To the right, we have included workforce development data on the Student Services project. Evidence of Katie’s proficiency in managing the District’s program includes her strong performance in this arena, where this project is exceeded the District’s goal of 30% at 66.7%, over double the original goal.

Why Does Katie Enjoy Working with the District?
• Having the opportunity to educate contractors and stakeholders alike to support their confidence and comfort regarding PLAs. • Establishing positive and long-term relationships with District staff, contractors, and involved stakeholders.
• Assisting people venturing into a new career in construction.

Contact Name:

Jerry Marchbank, Sr . Director
Phone: (714) 438-4731
Item 1K - Page 26
• -
Coast CCD
Student Services
Workforce Development
13 City of Palm Springs
20-23 Community Workforce Administration Services
Additional Project Experience
Chula Vista Elementary School District
Prop E and Measure VV Bond Construction Program, Fremont, CA Responsible for monitoring all major projects funded by these combined $240 million bond programs. Providing PLA administration, workforce development tracking, and labor compliance monitoring and enforcement. Katie oversees the team performing CPRs review and site worker interviews. She also performs audits to ensure compliance with DIR prevailing wage rates, Fringe Benefits Statements, and site interview documents for compliance with State requirements. This program involves Prop E and Measure VV bond funding and TSG is ssisting the District in meeting all funding requirements.

City of Yuba City
Various Facilities Capital Improvement Projects, Yuba City, CA As TSG Project Manager, Katie is currently providing full labor compliance monitoring services for two public works projects including the Franklin Avenue Improvement project and the Cellular Water Meter Replacement project.

Oversees labor compliance program implemention, including document monitoring and review, audits, investigations, site visits and worker interviews, and monthly reporting and has implemented modified site interview protocols in response to the COVID-19 crisis.

Orange County Sanitation District (OCSD)
P1-101 Sludge Dewatering Project, Orange County, CA
TSG provided LCP services including assisting OCSD in developing and implementing its LCP in accordance with California Labor Code Section 1771.5, Federal Davis-Bacon, and related acts. Assisted with program implemention, including document monitoring and review, audits, investigations, site visits and worker interviews, and monthly reporting. TSG also prepared and obtained DIR approval of the LCP Policies and Procedures Manual; provided ongoing contractor education; conducted full labor compliance monitoring and enforcement; and managed and prepared monthly and close-out reporting. This program involved both CWSRF and Prop-84 funding and TSG is assisting OCSD in meeting all funding requirements.

South Orange County Community College District
LCP Officer, Mission Viejo, CA
Implements and enforces the LCP on 60+ District projects including the $25 million Performing Arts Center and $16 million Business and Technology Innovation Center at Irvine Valley College, and the $12.3 million Learning Resource Center at Saddleback College. Submitted a Request for Forfeiture and Notice of Withholding to the DIR and recovered over $750,000 in wage and hour violations and $100,000 in fines and penalties.

Item 1K - Page 27
lTo1
14 City of Palm Springs
20-23 Community Workforce Administration Services
Jeremy Turner
Vice President of Field Operations
“Because I’ve walked in everybody’s shoes at TSG, I understand what it takes to do the work. That not only enables me to manage budgets and schedules, it also allows me to better explain the job and any issues to contractors, unions, trades, and our all-important clients.” With a decade of industry-specific experience, Jeremy is proficient in all aspects of CWA administration and ready to provide program management oversight and guidance to Katie and the team. His expertise lies in the development and implementation of public agency compliance programs including CWA administration, workforce development programs, LCPs, and DBE/SBE programs. Jeremy embraces his role as the bridge between the agency and contractors. His unique skillset brings a new perspective to compliance program management that will benefit the City. His experience working as a member of the contractor’s project team, as well as working as an owner’s representative in a program management oversight role, has given him insight into how to manage a compliance program that will be successful and exceed program goals.

Jeremy provides expert knowledge in labor relations, dispute resolution, contract interpretation, and labor compliance. He is proactive and collaborative in his approach and able to anticipate and effectively address emerging challenges and opportunities on assignments. Jeremy’s proficiency in communicating with involved stakeholders and his cooperative approach to enforcement has proven successful in resolving disputes and maintaining compliance throughout his tenure.

Jeremy has an extensive and varied portfolio of clients, including municipality, transit, education, and water districts. His experience working for cities like Anaheim, Buena Park, and Moreno Valley has given him an in-depth understanding of how City programs operate. Additionally, through his experiences with agencies like the Los Angeles County Department of Public Works, Anaheim Elementary School District, and the Port of Long Beach, Jeremy has a structured approach to servicing on-call programs, which will prove beneficial to the City.

As the Vice President of Field Operations, Jeremy:

1. Oversees CWA Administrator.

2. Manages high-level issues.

3. Represents TSG in contract discussions.

Education
Bachelor of Arts, Sociology, San Diego State University Project Organization and Leadership, Cal Tech Center for Management Education Item 1K - Page 28
15 City of Palm Springs
20-23 Community Workforce Administration Services
Project Experience
City of Anaheim
City-wide Community Workforce Agreement Administration, Anaheim, CA Jeremy works closely with City staff, the City’s CWA Administrator, and contractors to support the City’s CWA objectives on covered Project Work under the Capital Improvement Program. Regarding compliance monitoring, Jeremy assists with compliance education at Pre-Bid and Pre-Construction meetings, assists with reviewing any areas of concern in the administration of the CWA, and makes recommendations of enforcement actions. Jeremy is responsible for submitting weekly activity reports to the City’s CWA Administrator, assisting in the preparation of CWA status reports presented to the City Council, implementing best practices related to the CWA, and maintaining compliance files and worker databases under the CWA.

Port of Long Beach
Middle Harbor Redevelopment Program, Port-wide PLA, Long Beach, CA TSG is the administrator for projects under the Port-Wide PLA, providing PLA administration, jobs coordination and labor compliance services. TSG previously served as the Port’s PLA administrator for the Middle Harbor Redevelopment Program Phase 1, a $1.3 billion modernization program, their first program constructed under a PLA. Jeremy initially served as an analyst providing technical expertise to staff in the performance of all compliance monitoring and enforcement responsibilities for nine concurrent projects. Jeremy assisted with the development of the policies and procedures manual, contract interpretations, grievance processing and dispute resolutions, and training of Port staff on PLA administration. As PLA Administrator of the Port-wide PLA, his team performs all PLA and labor compliance functions in addition to targeted/disadvantaged worker outreach, and veterans’ outreach through the Helmets to Hardhats program and the Veterans Initiative.

Anaheim Elementary School District
Measure G General Obligation Bond Construction and Modernization Program, Anaheim, CA Jeremy is the Project Labor Administrator/Coordinator responsible for Community Benefits Agreement (CBA) administration, labor compliance, workforce development program management, and skilled and trained workforce compliance for the District’s $77 million bond program. Jeremy works closely with the District, contractors, and local unions to ensure all projects comply with applicable labor regulations and CBA requirements.

Cerritos Community College District
Facilities Bond Construction & Modernization Program, Cerritos, CA Jeremy is the PLA Administrator and Labor Compliance Program Manager for Cerritos Community College District.

His responsibilities include addressing collective bargaining agreements, administering stabilization agreements with Los Angeles/Orange County Building and Construction Trade Council, scheduling and facilitating meetings, facilitating grievance/dispute resolution, and sustaining compliance under the workforce development program.

Item 1K - Page 29
lTo1
16 City of Palm Springs
20-23 Community Workforce Administration Services
Education
Coursework in Political Science,
Pasadena Community College
Andrew Solis-Castillo
Labor Compliance Administrator
As the Labor Compliance Administrator, Andrew supports
contractors through his deep knowledge of the programmatic requirements of each assignment. He is effective at explaining the intent of labor compliance requirements, helping contractors with the insight and resources they need to fulfill their contractual obligations.

With over six years of experience, he has supported large-scale CWA assignments and understands the day-to-day work that goes into making these programs successful. He is adept in keeping up-to-date on industry trends, assisting in community and stakeholder outreach, and providing the team with detailed and thorough research documents that support the City’s overall objectives.

PROJECT EXPERIENCE
City of Santa Ana
City-wide Community Workforce Agreement Administration, Santa Ana, CA Currently, Andrew directly supports the City of Santa Ana and manages a portfolio of assignments. He supports the designated coordinator responsible for recording the hours spent administering the CWA, submitting monthly activity reports, assisting in the preparation of status reports, implementing best practices related to the CWA, and maintaining files and databases. Regarding compliance monitoring, Andrew assists with compliance education at Pre-Bid and Pre-Construction meetings, assists with reviewing any areas of concern in the administration of the CWA, and makes recommendations of enforcement actions.

Los Angeles County Department of Public Works
Master On-Call Labor Compliance Contract, Los Angeles, CA TSG supports the County as a labor compliance expert, specifically on projects including federal funding. TSG participated in developing the County’s policies and procedures for implementing labor compliance in various funding contexts. The team oversees all aspects of labor compliance including audits of worker data and management of in-house digital and physical record keeping. For this on-call project, TSG provided labor compliance services for 15+ separate projects for the County including the High Desert Multi-Ambulatory Care Center, Hall of Justice, Florence Avenue Streetscape Improvement (Phase II), and Sepulveda Feeder .

Item 1K - Page 30
17 City of Palm Springs
20-23 Community Workforce Administration Services
Project Experience
Rancho Santiago Community College District
Measure Q Facilities Bond Construction & Modernization Program, Santa Ana, CA TSG is responsible for PLA administration and labor compliance program management for the District’s $198 million bond construction program. He provides technical assistance to the District, prime contractors, subcontractors, and workers on all issues. The TSG staff performs the day-to-day tasks of site and worker interviews, document audits, and monthly reporting. We are responsible for grievance processing and facilitating labor-management cooperation, as well as managing workforce development and small business outreach programs.

Long Beach Community College District
Facilities Bond Construction & Modernization Program, Long Beach, CA TSG serves as the Workforce Project Agreement Coordinator for Long Beach Community College District’s $616 million program. Andrew assists in overseeing the recent addition of a PLA to the District’s existing labor compliance and bond management program. For each project under this program, TSG provides PLA administration, contractor prequalification, labor compliance, contractor education and outreach, and M/W/SBE tracking.

Anaheim Elementary School District
Measure G General Obligation Bond Construction & Modernization Program, Anaheim, CA Responsible for performing daily tasks associated with PLA, workforce development, and LCP administration.

TSG serves as the lead PLA and Labor Compliance Program Administrator for this $318 million construction bond program, including assisting the District in meeting all bond funding requirements. TSG is providing PLA and LCP services for multiple simultaneous school projects.

Rio Hondo Community College District
Measure A Facilities Bond Construction & Modernization Program, Whittier, CA TSG is the Labor Compliance Program Manager and PLA Administrator for the District’s bond construction and modernization program. TSG has worked for the District since 2005 developing a task-specific outreach program and establishing connections within the community to meet workforce development goals. TSG is responsible for tracking and monitoring the number of local workers hired, facilitating their introduction to the trades, and for managing the full labor compliance program.

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18 City of Palm Springs
20-23 Community Workforce Administration Services
Olga Schriefer
Senior Site Interviewer
Olga has many years of direct experience in contract compliance investigations including prevailing wage, workforce development and disadvantaged-worker programs. She specializes in the performance of on-site interviews to identify work classifications, corroborate payment of prevailing wages and aggregate verifiable data relative to the tracking of local/targeted worker and apprentice utilization.

Olga is bi-lingual and conducts site visits and field worker interviews in Spanish and English. She is skilled at identifying potential compliance issues or underpayment issues and works closely with interviewees to complete the necessary steps in the investigation of disputes in a timely and efficient manner . Her responsiveness and concern for issues pertaining to labor compliance enhance her effectiveness as a site interviewer and facilitates the early identification of potential issues .

PROJECT EXPERIENCE
West Basin Municipal Water District
Program-Wide Labor Compliance – various projects, Carson, CA Labor Compliance Program Administration
Port of Long Beach
Port-Wide Project Labor Agreement, Long Beach, CA
Project Labor Agreement Administration
Coast Community College District
Measure M Facilities Bond Construction & Modernization Program, Orange County, CA Project Labor Agreement, Workforce Development, and Labor Compliance Program Administration City of Anaheim
City-wide Community Workforce Agreement Administration, Anaheim, CA Community Workforce Agreement, Workforce Development, Labor Compliance Program Administration City of Hesperia Public Works Department
Recycled Water Line Replacement Project, Hesperia, CA
Labor Compliance Program Administration
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19 City of Palm Springs
20-23 Community Workforce Administration Services
Anaheim Union High School District
Measure H General Obligation Bond Construction and Major Rehab Program, Anaheim, CA Project Labor Agreement, Workforce Development, and Labor Compliance Program Administration Anaheim Elementary School District
Measure J General Obligation Bond Construction and Major Rehab, Anaheim, CA Project Labor Agreement, Workforce Development, and Labor Compliance Program Administration Santa Ana Unified School District
Measure I Local School Improvement Bond Measure, Santa Ana, CA Project Labor Agreement, Workforce Development, and Labor Compliance Program Administration Cerritos Community College District
Facilities Bond Construction & Modernization Program, Cerritos, CA Project Labor Agreement, Workforce Development, and Labor Compliance Program Administration Rio Hondo Community College District
Measure A Facilities Bond Construction & Modernization Program, Whittier, CA Project Labor Agreement, Workforce Development, and Labor Compliance Program Administration Long Beach Community College District
Measure E Facilities Bond Construction & Modernization Program, Long Beach, CA Project Labor Agreement, Workforce Development, and Labor Compliance Program Administration Watershed Conservation Authority
Duck Farm River Park, La Puente, CA
Labor Compliance Program Administration
Los Angeles County Metropolitan Transportation Authority Purple Line Extension, Section 2, Los Angeles, CA
Labor Compliance Program Administration
Los Angeles County Metropolitan Transportation Authority Crenshaw/LAX Transit Corridor, Los Angeles, CA
Labor Compliance Program Administration
County of Los Angeles Department of Public Works
Master Labor Compliance Contract – Multiple Projects, Los Angeles, CA Labor Compliance Program Administration
Inland Empire Utilities Agency
Program-wide Labor Compliance – portfolio of projects, Chino, CA Labor Compliance Program Administration
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20 City of Palm Springs
20-23 Community Workforce Administration Services
B3. Partners
Below we describe our relationships with organizations that we have partnered with on similar assignments.

Working with Building Trades, Signatory Craft Councils, and Unions For the past 30 years, TSG has built strong professional connections with all levels of Southern California union organizations from the Business and Dispatch Agents to Apprenticeship Coordinators and Trust Fund Administrators. We work with the Building Trades Council on resolving jurisdictional disputes, and have relationships at the national, state, and local levels of key Trades Councils. We leverage our understanding of how unions work to facilitate their role as the source of referred labor for jobs and gatekeepers to apprenticeship programs.

Community Outreach
Since 1992, TSG has partnered with Southern California public agencies and contractors to provide effective outreach in order to meet challenging targeted worker, disadvantaged worker, and veteran goals.

For projects with a duration of 18 months or less, TSG staff attend orientations, job fairs, and community meetings that provide project information to local workers. These include a range of events planned for the community by local groups such as WorkSource Centers, Community-based Organizations (CBOs), Faith-based Organizations (FBOs), and other non-profit organizations, including America’s Job Center of California (AJCCs). Events are identified with project schedules that allow timely distribution of information throughout the local community to maximize attendance.

For projects with a duration of eighteen 18 months or more, TSG focuses on conducting targeted meetings such as orientations, job fairs, and community meetings to disseminate project information. Meetings are planned with project schedules that allow timely distribution of information about upcoming events through local WorkSource Centers, CBOs, FBOs, AJCC, and other non-profit organizations. We also maintain close contact with local communities and present information at planned local job fairs and outreach events by other organizations.

Working with AJCCs, FBOs, and CBOs
TSG partners with community service providers, AJCCs, FBOs, and CBOs that regularly update and provide listings of available pools of eligible targeted workers. We meet regularly with these organizations to keep project-related groups and workers informed of upcoming events and opportunities, as well as to receive updates on all available worker pools and listings. In addition, TSG has successfully teamed with a wide variety of employment source centers. These centers provide local hire resources based on zip codes throughout Southern California. As a result, we already have a strong Targeted Worker database to assist contractors with placing the right people on the right projects.

Specific Organizations on this Contract
Some of the specific organizations we will work alongside on this contract include Helmets to Hardhats, Riverside County Workforce Development, Economic Development Agency, the San Bernardino County Workforce Development Board, AJCC, Riverside/San Bernardino Building Trades, and BuildOUT California.

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21 City of Palm Springs
20-23 Community Workforce Administration Services
Section C: Demonstrated Understanding of the Project
C1. Proposed Approach
The City presents a well-developed general scope of work in the RFP; we concur with the City’s scope of work and incorporate it in its entirety by reference. TSG proposes a methodology that has proven to be successful on similar projects but is specifically tailored for the City.

This program is about more than the new CWA requirements for projects. We understand the City is working on improving its construction program and the overall landscape for the community of contractors and workers alike.

TSG has supported agencies, contractors, and construction managers to successfully guide them through this transition. Compliance is taking on a new meaning from the current norm - contractors will need to learn to navigate union registration and referral systems, participate in developing the local workforce, and pay fringe benefits differently. Communicating to the City and the contractor community that a trust fund delinquency is not just a labor compliance issue anymore—it can be a grievance costing the contractor damages. Payroll reports are not just a sign of wage compliance—they are how you track jobs flowing back into the community.

Based on previous successes, we will complete a policies and procedures manual for CWA implementation and integrate it with labor compliance procedures before projects are advertised for bids. We will also complete a compliance manual for contractors, with forms,
instructions, and a short summary of key CWA
provisions.

TSG will establish regular meetings to set up a
healthy, collaborative relationship between labor
and management. This ensures unions can access
TSG staff for any issues and contractors are held
accountable for CWA obligations, such as the
development and dispatch of local residents and
disadvantaged workers.

TSG will communicate with the Building Trades
on interpretation issues and field questions
concerning jobsite issues. Proactively aiming to
minimize disputes, TSG will keep unions informed
on work performed and contractors informed of
their rights and obligations.

We make it clear to all unions that a simple phone
call can lead to satisfactory action, eliminating the
need for a formal grievance. As a firm-wide policy,
TSG attempts to resolve all issues at the
lowest possible level.

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22 City of Palm Springs
20-23 Community Workforce Administration Services
TSG is an unbiased advisor to both unions and contractors. If unions perceive us to be pro-contractor or vice versa, our ability to collaboratively solve problems is impeded. Instead, we act as a true independent source of information and support for both. Since our efforts to mediate and facilitate are always unbiased, the result is very few disputes going the full course of the grievance procedure.

TSG speaks with International Union representatives about jurisdictional assignments, prepares background data for CWA arbitrators, negotiates letters of understanding on interpretation of CWA provisions, and communicates CWA interpretations to contractors and unions at Joint Administrative Committee meetings, all with the intention of maintaining a collaborative CWA.

Training, Compliance, and Liaison
To be effective at creating career opportunities for local residents and disadvantaged workers, all stakeholders need to do their part. The Building Trades will be the source of referred labor through the CWA and the contractors are the gatekeepers to indenture new workers into apprenticeship programs.

To build and maintain effective relationships, the Building Trades Council, Business Agents, Dispatch Agents, Apprenticeship Coordinators, Trust Fund Administrators, contractors, and contractor organizations like the Associated General Contractors of California, will need to work together to bring career opportunities to the community.

Implementing a program that introduces contractors to the expectations of a CWA is a critical step in creating a symbiotic relationship between the contractors and the building trades. Without a firmly enforced, clearly communicated training policy prior to award, a prime contractor may show up ill-informed—unable to answer questions from union agents as pre-construction activities begin. To prevent this, TSG uses a proactive approach to inform contractors beginning with a community bootcamp with potential bidders after a CWA is introduced, so stakeholders are exposed to the benefits, requirements, and challenges of working under a CWA. TSG also uses Job-walks, pre-award meetings, post award meetings, and pre-job conferences to ensure contractors understand requirements and expectations.

We will complete a training schedule and policies and procedures manual for CWA administration and integrate it with labor compliance procedures before projects are advertised for bid. We will also complete a compliance manual for contractors to use as a guide, with necessary forms and instructions, and a short summary of key CWA provisions.

Although unions generally
understand their
obligations not to strike
or picket, TSG ensures the
idea of zero project delays
is well communicated and
incorporated as a key
CWA provision.

For example, when a
non-signatory union set
up a picket line near a
Port of Long Beach (POLB)
Longshoremen Project,
TSG immediately
contacted on site unions
to remind them that their
members were obligated
to continue work
regardless of the picket.

As a result, they
understood their
obligations and work
continued uninterrupted.

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23 City of Palm Springs
20-23 Community Workforce Administration Services
TSG believes strongly in educating contractors up front and involving interested stakeholders. We will ensure that all builders in the field—regardless of their position in the program—have a full understanding of the City’s CWA and compliance program requirements, including:
• Tracking ongoing and upcoming projects and establishing access to project data. • Adopting and continuing systems, preparing templates of project forms, and distributing to contractors. • Setting up submittal schedules such as certified payroll reports and local hiring utilization reports. • Regular checks for project progress and expected completion dates in case of project schedule changes. • Providing the construction managers with monthly status reports and invoice payment recommendations, integrating PLA compliance into overall contractor compliance oversight. • Preparing monthly activity reports for City review, with logs of issues addressed.

Records Retention
TSG follows a strict protocol to ensure all required documents are uploaded securely, and any paper files are organized and locked when not in use. There are several document retention options in addition to paper files, including LCPTracker, Elations, and eMars. All three may be used to collect, verify, and manage certified payrolls and related labor compliance documents. TSG also utilizes Dropbox, which provides a secure folder for contractors to upload the required items. These are all proven options that keep data secure and confidential.

Quality Assurance
TSG maintains internal quality control procedures to ensure a high level of professional service in our advice and work products. Our quality control system consists of two key elements, as discussed below:

1. Periodic team meetings to review budget and schedule. Our team jointly tackles unresolved issues and note lessons learned on the project. Lessons learned are disseminated to the entire firm and our team members and clients benefit from this collaborative effort.

2. Peer-to-peer review at the Project Manager level. Performed for all written work products before they are published, peer reviews are an important part of our quality control.

Our Project Manager reviews all data entry and other work products from TSG staff including:
• Project tracking logs
• Workforce tracking entries
• Any flagged project issues
• Site interviews performed
• Expended vs. remaining project budgets
When projects involve specific funding windows with their own unique requirements, TSG tracks those goals and deadlines using a separate but parallel path that allows our Project Manager to quickly determine whether requirements are being met or need further communication with the contractor or vendor . A complete copy of TSG’s QA/QC Manual is available upon request.

Item 1K - Page 37
TSG QA/QC Process
24 City of Palm Springs
20-23 Community Workforce Administration Services
On-Site Presence
TSG understands the steps necessary to effectively establish lines of communication on and off-site. The administration of the City’s CWA requires certain tasks to be performed on-site. Apart from collaborative meetings with the City’s management and local organizations, TSG will need to be onsite to attend Union Assignment Meetings, pre-construction meetings, and participate in labor management meetings as needed. Early construction meetings with contractors and union representatives will help us build the positive relationships that make a project successful. On a monthly basis, TSG will interview workers on-site to confirm wage and union registration compliance as a supplemental task to reviewing submitted certified payroll and union registration documentation. Visits to the site will confirm contractors have fulfilled their obligations to post signage related to prevailing wage and safety programs. TSG confirms activities with on-site personnel for the contractor and City to keep information current and lines of communication open.

Technology plays a big role in our communication on assignments. The introduction of virtual meetings over the past two years has given us an option other than face-to-face meetings. It has simplified coordinating meetings by removing barriers that existed for small contractors and firms with limited capacity to attend in-person meetings. Virtual meetings have also introduced a level of accountability and information management, as meetings can be recorded and reviewed when needed. TSG has successfully implemented a standard virtual meeting practice to run pre-job conferences, pre-construction meetings, and status meetings. This has resulted in praise from union locals, contractors, and owners for increasing efficiency and reducing the cost and time it takes to travel across cities or counties to hold in-person meetings.

C2. Additional Insight
To address this section of the RFP , we have included an exploration of our approach that illustrates the intricacies, steps, and challenges often associated with CWA programs. On the next page, we have outlined necessary elements in managing an effective CWA program and our approach to each one. To demonstrate the sequence of events in a CWA assignment, we have created a schematic that summarizes the timeline, tasks, and milestone events that should occur during a project covered by a CWA from before project advertisement through project closeout.

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25 City of Palm Springs
20-23 Community Workforce Administration Services
Item 1K - Page 39
, ~ , ~

TYPICAL CWA ADMINISTRATION ELEMENTS
Education
Administrator communicates with contractors pre-bid , post award , pre-construction, and throughout the life of a project to convey requirements and expectations of the City's CWA.

Community Bootcamp
Administrator conducts a community bootcamp with potential bidders , so stakeholders are exposed to the benefits , requirements , and challenges of working under a CWA, recurr ing throughout the life of the project .

Pre-Construction Meeting
Administrator conducts a pre-construction meeting with all contractors to establish requirements per project, and distributes informational packets communicating the same. This education process continues as needed throughout the life of the project .

Post-Award Training
Administrator conducts post-award training so the contractor has a clear understanding of CWA requirements and navigating union assignments and worker referrals. Training includes the approach to indenturing workers into apprenticeship programs and interfacing with union hiring halls and community-based organizations that counsel construction worker candidates .

Pre-Job Conferences
Administrator conducts pre-job conferences to establish craft assignments and contractor compliance with union referral and payment provisions . In addition , Administrator reaches out to unions and establishes awareness of CWA requirements and gathers updates on workforce availability.

Data Collection/Workforce Tracking
Creating a submittal schedule that coincides with the City's manuals developed for the CWA provides a structure for collecting data, tracking goals, evaluating progress , and forecasting attainment.

Reporting
Reporting is used to assess workforce capacity, keep the City informed on CWA administration activities , and as a measurement for compliance . Administrator will typically submit the following reports :
• Project-specif ic monthly report summarizing CWA activities ; noting potential irregularit ies, grievances, or other union issues; detailing issues under investigation and compliance violations ; and recommended actions.
• Quarterly report detailing all of the above-mentioned data in addition to utilizing City residents , disadvantaged workers, and apprentices . It will also cover all efforts to achieve City CWA workforce goals.

Enforcement Mechanisms
Compliance is measured by document submittals, trus t fund payments , and performance under CWA policies for local and disadvantaged hiring and quantifiable util ization goals. Routine audits of CWA documents like the Core Employees List and craft request forms are included in compliance submittals, along with requirements under State and Federal prevailing wage regulations. Recommendations for retention releases and contractor payments are made monthly , reinforced by compliance reporting to ensure contractors have the proper time and understanding to apply corrective action to ensure compliance by project end.

Escalation for non-compliance consist of communication with the contractor for voluntary compliance , formal request for a cor rective action plan, formal notice of non-compliance, recommendation for withholding, and recommendation for substitution, if necessary .
26 City of Palm Springs
20-23 Community Workforce Administration Services
Item 1K - Page 40
CWA Implementation Flowchart
Task Order for project issued to
Administrator and work plan for project
is implemented
Administrator Introduces CWA through
Outreach Informational Events
Administrator covers requirements for
CWA through Pre-bid Job-walk meeting
Administrator Introduces CWA through
Pre-bid meeting
Administrator covers requirements with
Contractor for during post award
CWA meeting
City approves award and completes
contract with contractor
Administrator schedules: Union
Assignment Meeting, Pre-con Compliance
meeting, and sends document templates
for compliance
Administrator begins collecting CWA
Union assignments based on scopes from
subcontractor
Contractor confirms commitments to
listed subs agree to CWA and complete
contracts
Contractor and subcont ractors submit
CWA documents to Administrator
Administrator hos ts union assignment
meeting with contracto rs and building
trades
Administrator facilitates relationsh ips with
and unions to ensure proper set-up and ;---------------, start
J
Administrato r monito rs performances
and submittal of compliance materials
mont hly providing City with Monthly
Status Reports
Administrator confirms all contractors are
compliant with CWA and recommends
contractor(s) for work start
Administrator to Set up additional union
assignments meetings as need for
additional or substituted contracto rs
Administrator reviews submittals and
confirms all contractors are compliant
then recommends final payment
27 City of Palm Springs
20-23 Community Workforce Administration Services
C3. Potential Key Issues
To best serve City needs, Katie and the team created an action plan that has identified several key “problem statements” that commonly occur in CWA programs and their suggested preventative solutions. They are committed to providing the City with the highest level of proactive management, and this action plan reflects that they are ready to hit the ground running.

1. Post Award Training
Problem Statement: When it comes to CWAs, contractors are sometimes unfamiliar with how they operate. It may stem from the contractors having little to no experience working with one before, having a bad experience in the past, or even not being able to differentiate the subtle nuances or unique aspects that CWAs may include.

Because of this, they may not understand the goals of the CWA, how the process works, or what resources are necessary for the project.

Solution: Our solution is to provide education, education, education. Our support gives contractors resources on the process of requesting and/or sponsoring workers through programs in an easy to understand manner .

2. Workforce Evaluations
Problem Statement: Sometimes, it’s difficult to identify disadvantaged and veteran workers.

Solution: TSG works alongside local organizations to identify known disadvantaged and targeted workers that can be brought onto projects. We conduct outreach efforts through organizations like the Building Trades to give workers the best chances of being placed on assignments.

3. Post Award Survey Process
Problem Statement: When it comes to CWA and labor compliance requirements, it is inevitable that subcontractor non-compliance can occur, be it inadvertent or intentional. When subcontractors are non-compliant, it can lead to potential issues that become harder to correct the further they escalate.

Solution: TSG holds a Post Award meeting in which we cover all CWA, labor compliance, and jobs coordination requirements to ensure contractors are aware of all the requirements before beginning work. In doing so, we can identify quickly if contractors are struggling to understand a particular requirement and take the extra time to break it down and explain so they know what is expected going into a project, instead of having to explain after a non-compliance issue occurs.

4. Community Outreach Boot Camp
Problem Statement: As larger projects begin, there may be difficulty meeting goals and finding subcontractors.

CWA and targeted worker goals are nuanced with detailed specifications, so sometimes it becomes more challenging to locate the workers needed to attain them.

Solution: TSG partners with community service providers, the Building Trades, Faith-based organizations, and Community-based organizations, that regularly update listings of available pools of eligible Targeted Workers.

We meet regularly with these organizations to keep project-related groups and workers informed of upcoming events and opportunities, as well as to receive updates on all available worker pools and listings.

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28 City of Palm Springs
20-23 Community Workforce Administration Services

5. New CWA In-Place
Problem Statement: Sometimes, stakeholders are unaware of a new CWA being in-place and what that means.

Solution: We will set up a CWA implementation process for the City. We will create weekly/monthly meetings to set milestones for implementation. We will explain our timelines and integrate into the City’s bidding process, train City staff on the CWA and LCP , recommend documents necessary to include in bid packages, and offer education to all stakeholders.

6. Bidder Base Changes
Problem Statement: Oftentimes, when a new CWA is adopted, the typical bidder landscape shifts.

Solution: TSG will establish a process from day one to help guide the City through this adjustment period and work with the Building Trades to find contractors who do want to bid. We will conduct additional outreach to ease the transition of non-union contractors into the new CWA. Depending on the City’s preference, we will conduct training either online or in-person to ensure the new requirements are understood.

Section D: Local Preference
D1. Local Expertise
Not applicable to TSG.

Section E: Forms
On the following pages, we have included Attachments A through E as required by the RFP .

Section F: Cost Proposal
As required by the RFP , our Cost Proposal has been included in Electronic File #2. TSG’s rates cover all direct labor, overhead, fringe benefits and profit, and expenses such as travel (mileage, parking, etc.) and communication (postage, reports, telephone, etc.).

Item 1K - Page 42
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ATTACHMENT “A”
SIGN

ATURE AUTHORIZATION
REQUESTS FOR PROPOSALS (RFP 20-23)

COMMUNITY WORKFORCE ADMINISTRATION SERVICES
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)*
NAME OF COMPANY(PROPOSER):
________________________________________________________________________

BUSINESS
ADDRESS:___________________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________ A. I hereby certify that I have the authorit y to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authorit y to bind myself/this company in a contract should I be successful in my proposal.

SIGNATURE AND DAT
E
B. The following infor mation relates to the legal con tractor listed ab ove, w hether an individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnershi p, Partners’ names:
____ A company;
____ A corpo
ration If a corporation, organized in the state of: __________

2. M y tax ident
ification number is: ___________________________________ TSG Enterprises, Inc. dba The Solis Group
3452 E Foothill Blvd, Ste 200, Pasadena, CA 91107
(626) 685-6989 (626) 710-8682 (626) 685-6985
Gary Hamm [email protected]
_____________Elvira Elizabeth Diez Solis_______________________________________, CEO

PRINTED NAME AND TITLE
____________________________________February 3, 2023
X CA
95-4728049
Please check below IF your firm qualifies as a Local Business as defined in the RFP:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).

Copy of current business license is required to be attached to this document.

ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any A ddenda issued by t he City f or this RF P is r equired by including the ackn owledgment w ith you r pr oposal. Fai lure to ackn owledge the Addenda issued may result in your proposal being deemed non-responsive.

In the space provided below, please acknowledge receipt of ea ch Addenda:

Addendum(s) # 1____________ is/are hereby acknowledged. , 2 Item 1K - Page 43

ATTACHMEN
T “B”

NON-COLLUSION AFFIDAVIT
REQUESTS FOR PROPOSALS (RFP 20-23)

COMMUNITY WORKFORCE ADMINISTRATION SERVICES
*THIS FORM MUST BE COMPLE TED EXECUTED BY PROPOSER AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)* The undersigned, deposes and says that he or she is
of
, the party making the foregoing Proposal. That t he Proposal is not made in t he inter ests of, or on the behal f of, any undisclo sed p erson, partner ship, company, as sociation, organization, or corpor ation; that the Proposal is ge nuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a fals e or sham Proposal, and has not direc tly or indirect ly colluded, conspired, connived, or agreed with any Prop oser or anyone else to put in a sham Proposal, or that anyone shall refrain from Propos ing; that the Proposer has not in any manner, directly or in directly, sought by agreement, communication , or con ference with anyone to fix the Proposal price of the Proposer or a ny other Proposer, or to fix a ny overhead, profit, or cost element of the Proposal price, or of that of an y other Proposer, or to secure a ny advantage against the public body awarding the contract of anyone interested in the pro posed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectl y, submi tted his or her Proposal price or any breakdown thereof, or t he contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporati on, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal.

Signature:
______________________________________________
Title: _____________________________________________
Elvira Elizabeth Diez Solis TSG Enterprises, Inc. dba
The Solis Group
CEO
Item 1K - Page 44
ATTACHMENT “C”
C

ITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUEST FOR PROPOSAL (RFP 20-23)

COMMUNITY WORKFORCE ADMINISTRATION SERVICES

THIS FORM M

UST BE COMPLETED AND SUBMI TTED WITH YOUR TECHNI CAL/WORK PROPOSAL (Electronic File #1)
Conflict of Interest. Consultant acknowledges that no officer or employee o f the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of an y kin d with any such officer o r employee during the term of thi s Agreement and for one year thereafter. Consultant warrants that Consultant 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.

Covenant Against Discrimi nation. In co nnection with its performance under this Agreement, Consultant shall not discr iminate agai nst any employee or applicant for employment because of actual or per ceived race, r eligion, color, sex, a ge, marital stat us, ancestry, na tional origin ( i.e., place o f origin, immigra tion status, cultural or ling uistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physi cal or mental disability, or medical condit ion (each a “prohibited basis”) . Consultant shall ensure that applicant s are employed, and that employ ees are tre ated during their employ ment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement , and in executing this Agreement, Co nsultant certifies that its a ctions and omissions hereunder shall no t incor porate any di scrimination arising from or relate d to any prohibited basis in any C onsultant act ivity, in cluding but not limited to the followin g:
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 Consultant is in full complia nce 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.

NAME OF CONS
ULTANT/VENDOR: ________________________________________ NAME and T ITLE of
Authorized Representative:
(Print) ______________________________________________________________ Signat ure and Dat
e of Authorized Representative:

TSG Enterprises, Inc. dba The Solis Group
Elvira Elizabeth Diez Solis, CEO
(Sign) ____________________________________________ (Date) __________February 3, 2023______ Item 1K - Page 45

ATTACHM
ENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR PROPOSAL (RFP 20-23)

COMMUNITY WORKFORCE ADMINISTRATION SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL /WORK PROPOSAL (Electronic File #1)
Who Must File?
Applicants that are NOT a natural per son or group of natural people that will be identif ied on the appl ication and se ek a City approval determined by a vote of City o fficials. E xamples 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 C ity of P alm Springs Public Integrity Or dinance advanc es t ransparency in municipal government and assists p ublic officials in avoiding conflic ts of interest. Th e City’s Public Integrity Ordinance, codified in Chapter 2.60 of the munic ipal code, reflects the City’s interest in ensuring that companies (and ot her le gal entit ies t hat are not natural people) doi ng business in the commun ity are transparent and make di sclosure as to their ow nership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a m aterial financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material fina ncial relatio nship is a relationship between someone who is an owner/investor in the applicant entity and a vo ting official (or the C ity Manager or C ity Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have d one business together during the year prior to the application;
(2) the official has earned income f rom the owner/investor during t he year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the ow ner/investor’s i nterest in the applicant entity, in relation to the appl ication’s outcome.

When Must I File?
You must file t his form with the Of fice of the City Clerk at th e same time when you file your application for a City approval determined by a vote of C ity offi cials, w hether elected or appointed.

Item 1K - Page 46
What Mus
t I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving tr usts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts o r other organizations that are not the fiduciaries, (2) if a second entity that is not a nat ural per son serves t he app licant e ntity (e.g., a s a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

What if I Have Questions?

PENALTIES
Fals
ification of information or failure to report information required to be reported may subject you to administrative action by the City.
*Ther e ar e
some additional supplementary instructi ons with an example following the form should you need further clarification.

Item 1K - Page 47

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, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please iden tify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other _____________ ______________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Othe r __________________________
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 1K - Page 48

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

EXAMPLE

JANE DOE
[name of owner/investor]
50% , A BC COM
PANY, 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 owne r/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inve stor] [p ercentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [p ercentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of benef icial interest i n entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
Item 1K - Page 49
City of
Palm Springs, CA.

Busine ss
Disclosure Supplementary Instructions
In an effor
t to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary i nstructions to clearly identif y th e required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business e ntities as i ts members or having a financial interest, all other such bu siness entities must also be disclosed, including those e ntities other business entities, if any.

Ult imat el
y, th e City’s disclosure document (at tached) requires a listing identif ying a ll n atural persons having any financial interest over 5% of the business entities (and any other bus iness entities comprising your business entity).

As an exam
ple, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which i s ow ned 50% by Acme Brot hers, LLC, a Cal ifornia limited liabilit y comp any, and John Doe (25% inte rest) and Jill Doe (25% i nterest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc ., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Ac me Brothers 2, LLC, a California limited liability comp any, w hich is ma naged by George Doe, with G eorge Doe and Jane Doe having 50% interest each.

The ful
l business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brot
hers, LLC, a California limited liability company
ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1K - Page 50
ATTACHMENT “E”

REFERENCES
REQUESTS FOR PROPOSALS (RFP 20-23)

COMMUNITY WORKFORCE ADMINISTRATION SERVICES
Reference 1
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 2
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 3
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Chula Vista Elementary School District
City of Anaheim
City of Moreno Valley
Jovanim Martinez, Director of
Maintenance and Operations
(619) 425-9600 ext. 181425
[email protected]
PLA Coordination, Labor Compliance, Local Hire
$583,114February 2016 - Current
84 E J St, Chula Vista, CA 91910
200 S Anaheim Boulevard, Anaheim, CA 92805
Brenda Medina,Construction
Contract Administrator
(714) 231-5625
[email protected]
March 2020 - Current
CWA Administration, Labor Compliance, Local Hire
$196,391
December 2020 - Current
PLA Administration, Labor Compliance
$127,823
14177 Frederick St, Moreno Valley, CA 92553
Melissa Walker, Acting Public
Works Director/City Engineer
(951) 413-3116
[email protected]
Item 1K - Page 51
Attachment D
Item 1K - Page 52
Item 1K - Page 53
The1, 30,·· S01s
Group -•
April 18, 2024
Francisco J. Jaime, P.E.

Principal Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Headquarters
3452 E Foothill Blvd/ Suite 200
Pasadena, CA 91107 USA
RE: Amendment Request
P 626 685 6989
F 626 685 6985
PO24000333 -Airport Common Use Podiums
Dear Francisco:
thesolisgroup,com
Please accept this written request to amend our Purchase Order for the above-referenced project.

Due to an extension of the construction schedule, our services are required for an additional two months beyond the originally anticipated duration. Based on our monthly fee of $804, this equates to a proposed budget increase of $1,608.

We appreciate the continued opportunity to serve the City. If you have any questions regarding this request, please contact Sabrina Cristi, Accounting Assistant at scristi@thesol isgroup. com.

Sincerely,
1Mff/
Mike Komsky
Chief Operating Officer
O Pasadena / Dallas / Las Vegas / Oakland / San Diego
Item 1K - Page 54
®
The
Solis
Group
July 9, 2024
S11rvinf our communlt••.s sln,.f' ,Hl!J2
~~~-
Joel Montalvo, MPA, PE
City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Headquarters
3452 E Foothill Blvd/ Suite 200
Pasadena, CA 91107 USA
RE: Amendment Request
PO23001310-Navigation Center
Dear Joel:

P 626 685 6989
F 626 685 6985
Please accept this written request to amend our Purchase Order for the above-referenced project.

Due to an extension of the construction schedule, our services are now required through November 2024. This assumes punchlist completion in October plus some additional time to collect the certified payrolls and related documents that typically come in after work is performed.

Our current budget covers us through August, so we are requesting funds for September through November. With work slowing down, we are able to offer a reduced monthly fee of $2,500, equating to a proposed budget increase of $7,500.

We appreciate the continued opportunity to serve the City. If you have any questions regarding this request, please contact Sabrina Cristi, Accounting Assistant at [email protected].

Sincerely,
~¥
Mike Komsky
Chief Operating Officer
O Pasadena / Dallas / Las Vegas / Oakland / San Diego thesolisgroup.com Item 1K - Page 55
®
The
Solfs
Group
S•rvinl ourcommunitif's ,;nef' J·f92
-~c-i-
August 7, 2024
Francisco J. Jaime, P.E.

Principal Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Headquarters
3452 E Foothill Blvd/ Suite 200
Pasadena, CA 91107 USA
RE: Amendment Request -REVISED
PO24001350 -2024 Pavement Rehab
Dear Francisco:

P 626 685 6989
F 626 685 6985
Please accept this written request to amend our Purchase Order for the above-referenced project.

Due to an extension of the construction schedule, our services are now required through September 2024. This assumes punchlist completion in August plus additional time to collect the certified payrolls and related documents that typically come in after work is performed.

Our current budget covers us through July, so we are requesting funds for August and September. With work slowing down, we are able to offer a reduced monthly fee of $2,500, equating to a proposed budget increase of $5,000.

We appreciate the continued opportunity to serve the City. If you have any questions regarding this request, please contact Sabrina Cristi, Accounting Assistant at [email protected].

Sincerely,
1Ul1/
Mike Komsky
Chief Operating Officer
O Pasadena / Dallas / Las Vegas / Oakland / San Diego thesolisgroup.com Item 1K - Page 56
lCtftM .ll
®
The
Solis
Group
Suvlnl our commu11/tl1s s/11(!.t J992
-:..,.a--
August22,2024
Francisco J. Jaime, PE
Principal Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Amendment Request
Headquarters
3452 E Foothill Blvd/ Suite 200
Pasadena, CA 91107 USA
PO24001154-Storm Drain Line 20
Dear Francisco:

P 626 685 6989
F 626 685 6985
Please accept this written request to amend our Purchase Order for the above-referenced project.

Due to an extension of the construction schedule. our services are now required through January 2025. This includes punchlist completion plus some additional time to collect final documents.

Our current budget covers us through September, so we are requesting funds for October through January. With work slowing down, we are able to offer a reduced monthly fee of $2,800, equating to a proposed budget increase of $11,200.

We appreciate the continued opportunity to serve the City. If you have any questions regarding this request, please contact Sabrina Cristi, Accounting Assistant at [email protected].

Sincerely,
1W1/
Mike Komsky
Chief Operating Officer
O Pasadena / Dallas / las Vegas / Oakland / San Diego thesolisgroup.com

Pasadena / Dallas / Las Vegas / Oakland / San Diego Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA

P 626 685 6989
F 626 685 6985

thesolisgroup.com
September 26, 2024

Andrew Crider
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

RE: Amendment Request
PO 24001158 – Bogert Trail Sewage Lift Station

Dear Andrew:

Please accept this written request to amend our Purchase Order for the above-referenced project.

Due to an extension of the construction schedule, our services are required for an additional two (2) months beyond the originally anticipated duration. Based on our monthly fee of $1,742, this equates to a proposed budget increase of $3,484.

We appreciate the continued opportunity to serve the City. If you have any questions regarding this request, please contact Sabrina Cristi, Accounting Assistant at [email protected].

Sincerely,

Mike Komsky
Chief Operating Officer

Docusign Envelope ID: 95413A82-DF87-4F68-AA57-704CA3A8F51E Item 1K - Page 57
0 The
Solis
Group
Serving our communities since 1992

Pasadena / Dallas / Las Vegas / Oakland / San Diego Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA

P 626 685 6989
F 626 685 6985

thesolisgroup.com
December 3, 2024

Joel Montalvo, MPA, PE
City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

RE: Amendment Request
PO23001310 – Navigation Center

Dear Joel:

Please accept this written request to amend our Purchase Order for the above-referenced project.

Due to an extension of the construction schedule, our services are now required through January 2025. This assumes punchlist completion in December plus some additional time to collect the certified payrolls and related documents that typically come in after work is performed.

Our current budget covers us through November, so we are requesting funds for December and January. We are able to continue offering a reduced monthly fee of $2,500, equating to a proposed budget increase of $5,000.

We appreciate the continued opportunity to serve the City. If you have any questions regarding this request, please contact Sabrina Cristi, Accounting Assistant at [email protected].

Sincerely,

Mike Komsky
Chief Operating Officer

Docusign Envelope ID: 075665FA-880C-44F1-AB6C-5BFB4BFD0DCC Item 1K - Page 58
0 The
Solis
Group
Serving our communities since 1992

Pasadena / Dallas / Las Vegas / Oakland / San Diego Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA

P 626 685 6989
F 626 685 6985

thesolisgroup.com
May 28, 2025

Alberto Gradilla
Project Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

RE: Amendment Request
CP 18-04 Plaza Theatre Renovations

Dear Alberto Gradilla:

Please accept this written request to amend our Purchase Order for the above-referenced project.

Due to an extension of the construction schedule, our services are now required through December 2025. This assumes punchlist completion in October plus additional time to collect the certified payrolls and related documents that come in after work is performed.

Our current budget covers us through June, so we are requesting funds sufficient to cover six (6) additional months. Our monthly fee is $3,913, equating to a proposed budget increase of $23,478.

We appreciate the continued opportunity to serve the City. If you have any questions regarding this request, please contact Sabrina Cristi, Accounting Assistant at [email protected].

Sincerely,

Mike Komsky
Chief Operating Officer

Docusign Envelope ID: 4F80BD47-F470-469B-BDC9-87E1860EF8A4 Item 1K - Page 59
0 The
Solis
Group
Serving our communities since 1992

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVE AN AGREEMENT WITH THE RIVERSIDE COUNTY

TRANSPORTATION COMMISSION (RCTC) FOR FUNDING UNDER THE
SENATE BILL (SB) 821 BICYCLE AND PEDESTRIAN FACILITIES

PROGRAM FOR THE SOUTH PALM CANYON DRIVE ROAD
RECONFIGURATION, CITY PROJECT 22-21A

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

This action requests the City Council to approve an agreement with the Riverside County Transportation Commission (RCTC) for funding under the SB 821 Bicycle and Pedestrian Facilities Program for the South Palm Canyon Drive Road Reconfiguration, City Project 22-21A (the “Project”).

RECOMMENDATION:

1) Approve Agreement No. ______ (RCTC Agreement No. 2 5-62-136-00), a Riverside County Transportation Commission Agreement for Funding under SB 821 Bicycle and Pedestrian Facilities Program for an amount not to exceed $ 727,986 for the South Palm Canyon Drive Road Reconfiguration, City Project 22-21A; and

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

BACKGROUND:

TDA Article 3, or SB 821, Bicycle and Pedestrian Facilities Program, is provided through the Transportation Development Act (TDA), funded through a ¼ cent of the general sales tax collected statewide. Each year , 2% of the State Local Transportation Fund (LTF) revenue is made available for use on bicycle and pedestrian facility projects through the SB 821 program. All cities in Riverside County and the County of Riverside are eligible to submit project proposals.

In December 2021, the City developed the Palm Springs Pedestrian Master Plan, which identified 37 locations , consisting of street segments and intersections , for further evaluation of potential pedestrian safety enhancements. One such project was the South Item 1L - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
RCTC Agreement for South Palm Canyon Road Reconfiguration

Palm Canyon Drive Road Reconfiguration. The focus of this project is to improve pedestrian, bicyclist, and vehicle safety through lane reconfiguration, bike lanes, enhanced crossings, and sidewalk gap closures where feasible. The limits of the proposed lane reconfiguration are shown in Figure 1 below.

Figure 1 – South Palm Canyon Drive Road Reconfiguration, City Project 22-21A

On January 10, 2024, staff solicited proposals from the City’s on- call traffic engineering consultants to prepare a traffic study, conduct extensive community outreach, and develop Plans, Specifications, and Estimates (PS&E) for the Project.

On February 29, 2024, the City Council approved a Task Order with Kimley-Horn for traffic engineering services.

Between September 2024 and February 2025, three in-person community meetings were held to gather feedback and keep residents engaged as the project progressed through the conceptual design stage. An online interactive map tool and a dedicated project email address were also used to collect additional input. Affected communities and businesses were notified via email and mailed notices. Throughout the process, more than 120 comments were received, and all feedback was considered in the design. Throughout the design process , the design team and Staff coordinated with the Fire Department and Police Department to confirm no issues with the proposed road reconfiguration along South Palm Canyon. There were no conflicts with the selected bike lane and turn lane design.

As of September 10, 2025, traffic studies have been completed and the PS&E are being finalized.

Item 1L - Page 2
City Council Staff Report
September 10, 2025 -- Page 3
RCTC Agreement for South Palm Canyon Road Reconfiguration

STAFF ANALYSIS:

On February 3, 2025, a call for projects was published by RCTC seeking applications for the SB 821 Bicycle and Pedestrian Facilities Program. This year, the program’s maximum funding request was $727,986 per application and $1,455,973 per jurisdiction. The City submitted two applications, with one being the South Palm Canyon Road Reconfiguration, and the other being Racquet Club Road , which is still pending final design and coordination with Emergency Services.

On June 11 , 2025, RCTC approved 13 projects for funding out of the 33 applications received. The South Palm Canyon Road Reconfiguration was selected as one of six in the Coachella Valley.

Staff recommends approval of this agreement for reimbursement of Project costs not to exceed $727,986, representing a 50% match of the project costs. The agreement, which includes a copy of the grant application, is included as Attachment A.

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 Project is considered categorically exempt from CEQA and Notice of Exemption will be filed with the Riverside County Clerk.

FISCAL IMPACT:

The Project budget, estimated expenditures, and budget required to complete this project are identified in Table 1 below.

Table of Project Costs Amount
SB 821 Grant Funding 50% match (Max) $727,986
Fund 134 - Measure A $1,230,769
Fund 260 - Measure J $1,230,769
Fund 261 - Capital Improvement $1,234,465
Design Services ($303,600)
Project Administration (Estimated) ($80,000)
Construction Administration/Inspection (Estimated) ($350,000) Construction Contract Estimate ($3,354,900)
Construction Contingency (10%) ($335,490)
Budget Remaining: $0

Item 1L - Page 3
City Council Staff Report
September 10, 2025 -- Page 4
RCTC Agreement for South Palm Canyon Road Reconfiguration

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Director of Finance: Kristopher J. Mooney
City Manager: Teresa Gallavan for Scott Stiles

ATTACHMENTS:

A. RCTC agreement No. 25-62-136-00
Item 1L - Page 4
Attachment A
Item 1L - Page 5

1 AGREEMENT No. 25-62-136-00

RIVERSID

E COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND

PEDESTRIAN FACILITIES PROGRAM
(Tra
nsportation Development Act Article 3; Senate Bill 821) This Funding Agreement (“ AGREEMENT”) is entered into as of _______, 2025 (“Effective Date”), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and City of Palm Springs (“RECIPIENT”). RCTC and RECIPIENT may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
A. R
CTC
is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.

B. U nder
RCTC’s SB 821 Bicycle and Pedestrian Facilities Program (“PROGRAM”), cities and counties in the County of Riverside are notified of the availability of PROGRAM funding and a call for projects (“CALL FOR PROJECTS”) is anticipated to be issued biennially by RCTC.

C. O
n Feb
ruary 3 rd, 2025, a CALL FOR PROJECTS was published by RCTC seeking applications for FY 20 25/26 PROGRAM funding, which applications were reviewed in accordance with the applicable evaluation criteria included in the CALL FOR PROJECTS.

D. B ased o
n the application attached as Attachment 1 and incorporated herein by this reference, RECIPIENT has been selected to receive PROGRAM funding for its proposed South Palm Canyon Road Reconfiguration Project (“PROJECT”).

E. F
unding for
the PROJECT shall be provided pursuant to the terms contained in this AGREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC, which are attached hereto and incorporated herein as Attachment 2.

NOW, T
HEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties mutually agree as follows:

1. I ncor
poration of Recitals. The Parties acknowledge and agree that the above recitals are true and correct, and hereby incorporate those recitals by this reference into the AGREEMENT.

2. R CTC
Funding Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms and conditions set forth herein, a sum not to exceed Seven Hundred Twenty-Seven Thousand Nine Hundred Eighty- Six Dollars ($727,986) , to be used exclusively for reimbursing the RECIPIENT for eligible expenses as described herein (“ FUNDING AMOUNT ”).

RECIPIENT acknowledges and agrees that the FUNDING AMOUNT may be less than the actual and final cost of the PROJECT, which final costs are the sole responsibility of 17336.00005\43913606
Item 1L - Page 6

2 RECIPIENT, and RCTC will not contribute PROGRAM funds in excess of the maximum authorized in this Section 2 unless otherwise mutually agreed to in writing by the PARTIES.

2.1 Eligible Project Costs. Reimbursement for PROJECT costs (“REIMBURSEMENT”) may only include those items expressly allowed for under Article 3 of the Transportation Development Act (California Public Utilities Code section 99200 et seq .), which provides that funding shall be allocated for the construction, including related engineering expenses, of facilities based on the PROGRAM policies adopted by RCTC, provided that such items are included in the s cope of work included in the application, attached as Attachment 1 (“SCOPE OF WORK”). All PROJECT costs not included in the SCOPE OF WORK and not expressly permitted under Article 3 of the Transportation Development Act and the PROGRAM policies shall be considered ineligible for REIMBURSEMENT. In the event the SCOPE OF WORK needs to be amended, RECIPIENT shall submit a scope change request electronically via RCTC’s online tracking and reporting system known as the Rivtrack system and accessible at https://rivtrack.rctc.org/ (“Rivtrack system”). The electronically submitted scope change request must include the reasons for the requested change and confirmation that costs associated with the proposed amendment are eligible for PROGRAM reimbursement. Such request is subject to written approval by RCTC, in RCTC’s sole discretion.

In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable law, the following order of precedence will govern: (1) a pplicable law; (2) PROGRAM policies; (3) this AGREEMENT. In the case of any conflict between this Agreement and any of its attachments, the body of this Agreement shall govern. Notwithstanding the foregoing, in the case of a conflict, the most stringent requirement shall govern, unless prohibited by applicable law or otherwise agreed upon by RCTC.

2.2 Timing for Project Completion . In accordance with the PROGRAM policies attached hereto as Attachment 2, RECIPIENT has thirty-six (36) months to complete the PROJECT from the date of this AGREEMENT, unless otherwise agreed to in writing by the PARTIES. If the PROJECT is not completed within 36 months, RCTC shall have the sole discretion to delete the PROJECT from the PROGRAM and reprogram the funding for future approved PROGRAM projects. RECIPIENT will not be reimbursed until the PROJECT is accepted as complete by RCTC following the submission of the PROGRAM funding claim form completed electronically via the Rivtrack system . In the event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a time extension request electronically via the Rivtrack system . Before and after PROJECT photographs must be uploaded with the CLAIM FORM upon PROJECT completion, as well as copies of paid invoices and any other backup requested for repayment and audit purposes.

2.3 Changes in Project Funding. RECIPIENT will not be reimbursed for PROJECT cost overruns. In the event the FUNDING AMOUNT is not fully utilized by RECIPIENT for the PROJECT, the unused FUNDING AMOUNT must be returned to RCTC within ninety (90) ninety days of a written request by RCTC unless RECIPIENT can demonstrate in writing, subject to written approval of RCTC’s Executive Director, in his or her sole discretion, the following: (i) valid reason for why PROJECT costs were significantly lower than the estimate included in RECIPIENT’s attached application for funding, and (ii) written proposal for how RECIPIENT can apply any unused FUNDING AMOUNT to a project previously submitted under an Article 3 call for projects and approved by the Commission or to fund an approved scope expansion to the approved PROJECT . Notwithstanding the foregoing, unused funds may not be reallocated to work already completed. RECIPIENT match funds 17336.00005\43913606
Item 1L - Page 7

3 proportionate to the amounts included in Section 3 of this Agreement will be required should unused funds be redirected to another approved project or approved scope expansion.

2.4 Cost Savings. In the event that bids or proposals for the PROJECT are lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT shall be reduced through an amendment to the AGREEMENT . RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be returned to RCTC or may be reprogrammed with written approval by RCTC as further detailed in Section 2.3 above. No PROGRAM funding may be used for projects not approved by RCTC. If RECIPIENT provides a local match commitment and there are cost savings on the PROJECT, RCTC will still be reimbursed at the matching ratio as presented in the Project application despite such cost savings in accordance with PROGRAM policies.

2.5 No Funding for Temporary Improvements. Only segments or components of improvements that are intended to form part of or be integrated into the PROJECT may be funded by PROGRAM funds. No improvement(s) which is/are temporary in nature, including but not limited to temporary lanes, curbs, or drainage facilities, shall be funded with PROGRAM funds except as needed for staged construction of the PROJECT.

2.6 Review and Reimbursement by RCTC. Upon submission into Rivtrack of the final detailed invoice from the RECIPIENT clearly documenting work completed and corresponding costs, RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the RECIPIENT within thirty (30) days. In the event that RCTC disputes the eligibility for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Additional details concerning the procedure for the RECIPIENT’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Attachment 2.

2.7 Recipient’s Funding Obligation to Complete the Work; Limitation of RCTC Obligations. In the event that the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may be required to complete the PROJECT. RCTC has no obligation with respect to the safety of any work performed under the SCOPE OF WORK, for the PROJECT, or at a PROJECT site. Further , RCTC shall not be liable for any action of RECIPIENT or its contractors relating to the condemnation of property undertaken by RECIPIENT or construction related to the PROJECT.

2.8 Recipient’s Obligation to Repay Program Funds to RCTC. In the event it is determined, whether through a post -completion audit or otherwise, the PROJECT was not completed in accordance with the PROGRAM requirements or this AGREEMENT, RECIPIENT agrees that any PROGRAM funds distributed to RECIPIENT for the PROJECT shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues, if applicable. RECIPIENT acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due to RECIPIENT, in an amount not to exceed the total of the PROGRAM funds distributed to RECIPIENT, and/or initiate legal action to compel repayment, if the RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one hundred eighty (180) days, including any good faith negotiations, from receipt of written 17336.00005\43913606
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4 notification from RCTC that repayment is required due to failure to comply with the PROGRAM policies or this AGREEMENT.

2.9 Records Retention and Audit s. RECIPIENT shall retain all PROJECT records in an organized manner for a minimum of three (3) years following completion of the PROJECT. PROJECT records shall be made available for inspection by RCTC upon request. If a post PROJECT audit or review indicates that RCTC has provided reimbursement to the RECIPIENT in an amount in excess of the FUNDING AMOUNT set forth in Section 2 , or has provided reimbursement of ineligible PROJECT costs, the RECIPIENT shall reimburse RCTC for the excess or ineligible payments within thirty (30) days of notification by RCTC. This Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.8 or applicable law.

3. Recipient’s Local Match Contribution. RECIPI ENT shall provide at least Seven Hundred Forty-Seven Thousand Three Hundred Fourteen Dollars ($747,314) of funding toward the SCOPE OF WORK, as indicated in RECIPIENT’S application attached as Attachment 1 and submitted to RCTC in response to its CALL FOR PROJECTS . RECIPIENT costs related to (i) preparation and administration costs related to invoices, billings and payments; (ii ) any RECIPIENT fees attributed to the processing of the SCOPE OF WORK; and (iii ) expenses for items not included within the attached SCOPE OF WORK sh all be borne solely by the RECIPIENT and shall not qualify towards RECIPIENT’s local match requirement in this Section 3.

4. Term: The term of this AGREEMENT shall be from the date first herein above written until:
(i) the date RCTC formally accepts the PROJECT as complete, pursuant to Section 2.2; (ii) termination of this AGREEMENT pursuant to Section 14; or (iii) RECIPIENT has fully satisfied its obligations under this AGREEMENT . All applicable indemnification and insurance provisions of this AGREEMENT shall remain in effect following the termination of this AGREEMENT.

5. Recipient Responsibilities . RECIPIENT shall be responsible for all aspects of the PROJECT, in compliance with all applicable state and federal law s, including: (i) development and approval of plans, specifications and engineer’s estimate in accordance with all applicable laws, regulations and building codes; obtaining any necessary environmental clearances; right of way acquisition; and, obtaining all permits required by impacted agencies prior to commencement of the PROJECT; (ii) all aspects of procurement, contracting, and administration of the contracts and claims for the PROJECT ; (iii) all construction management of any construction activities undertaken in connection with the PROJECT, including surveying and materials testing; and, (iv) development of a budget for the PROJECT and SCOPE OF WORK prior to award of any contract for the PROJECT , taking into consideration available funding, including PROGRAM funds.

6. Indemnification. RECIPIENT shall defend, indemnify and hold RCTC , its officials, governing board members, officers, employees, agents, and consultants free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property, persons or government funding agency, including wrongful death ,arising out of or incident to any intentional or negligent acts, errors or omissions of the RECIPIENT , its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of this AGREEMENT, the PROJECT or the SCOPE OF WORK. RECIPIENT’S obligation to indemnify includes 17336.00005\43913606
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5 without limitation the payment of all consequential damages and reasonable attorneys’ fees, expert witness fees and other related costs and expenses of defense. RECIPIENT shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against RCTC , its officials, officers, employees, agents, and consultants in connection with this AGREEMENT .

RECIPIENT shall pay and satisfy any judgment, award or decree that may be rendered against RCTC, its officials, officers, employees, agents, and consultants in any such suits, actions or other legal proceedings, including any settlement . RECIPIENT’s obligation to indemnify shall not be r estricted to insurance proceeds. The indemnity obligation shall not apply to the extent of the sole negligence or willful misconduct of RCTC, its officials, officers, employees, agents, and consultants. This section shall survive the expiration or termination of this Agreement.

7. Expenditure of Funds by Recipient Prior to Execution of Agreement . RECIPIENT may commence the Project starting July 1, 2025, and costs incurred following such date will be eligible for reimbursement under this AGREEMENT , provided they otherwise meet the requirements herein, and provided that this AGREEMENT is executed no later than October 1, 2025.

8. Compliance with Applicable Laws and Insurance. RECIPIENT agrees to comply with all applicable laws and regulations, including public contracting laws, requirements for any local state or federal funding used, and records retention and performance reporting requirements concerning the SCOPE OF WORK and PROJECT , which applicable laws and regulations shall be passed on to contractors by RECIPIENT as applicable . RECIPIENT shall have the responsibility of making sure the appropriate amounts of insurance are included in all applicable agreements for the construction of the PROJECT and RCTC shall be named as an Additional Insured on all insurance certificates obtained for the completion of the PROJECT.

PROJECT insurance funds shall be looked to first for the repayment of any claims determined to have merit.

9. Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this AGREEMENT. RECIPIENT’s representative shall be the individual identified in the Project application as RECIPIENT’S representative to RCTC.

RECIPIENT’S representative, or designee, shall have the authority to act on behalf of RECIPIENT for all purposes under this AGREEMENT and shall coordinate all activities with RCTC concerning the SCOPE OF WORK under the RECIPIENT’s responsibility.

RECIPIENT shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the PROJECT.

10. Monitoring of Progress by RCTC . RECIPIENT shall allow RCTC’s designated representative, or designee, to inspect or review the progress of the work at any reasonable time with prior written notice by RCTC. RCTC may request that the RECIPIENT provide RCTC with progress reports concerning the status of the SCOPE OF WORK and PROJECT completion.

11. Binding on Successors in Interest . Each and every provision of this AGREEMENT shall be binding and inure to the benefit of the successors in interest of the Parties. Due to the specific obligations contemplated herein, t his AGREEMENT may not be assigned by any Party hereto except with the prior written consent of the other Party. 17336.00005\43913606
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6 12. Independent Contractors. Any person or entities retained by RECIPIENT or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC.

Any personnel performing services on the PROJECT shall at all times be under the exclusive direction and control of the RECIPIENT or contractor, whichever is applicable. The RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the SCOPE OF WORK and as required by law. The RECIPIENT or contractor shall be responsible for all reports and obligations concerning such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of RECIPIENT or RCTC, during the term of his or her service with RECIPIENT or RCTC, as the case may be, shall have any direct interest in this AGREEMENT, or obtain any present or anticipated material benefit arising therefrom.

14. Termination. This AGREEMENT may be terminated for cause or convenience as further specified below.

14.1 Termination for Convenience. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT , in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.

14.2 Effect of Termination for Convenience. In the event that RECIPIENT terminates this AGREEMENT for convenience, RECIPIENT shall, within 180 days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. In the event that RCTC terminates this AGREEMENT for convenience, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT. This AGREEMENT shall terminate upon receipt by the non- terminating party of the amounts due it under this Section 14.

14.3 Termination for Cause. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT , in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other Party of such termination and specifying the effective date thereof. The written notice shall provide a thirty (30) day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

14.4 Effect of Termination for Cause. In the event that RECIPIENT terminates this AGREEMENT in response to RCTC's uncured material breach hereof, RCTC shall, within ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination. In the event that RCTC terminates this AGREEMENT in response to the RECIPIENT's uncured material breach hereof, the RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in full all 17336.00005\43913606
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7 PROGRAM funds provided to RECIPIENT under this AGREEMENT. Notwithstanding termination of this AGREEMENT by RCTC pursuant to this Section 14.4, RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information. This AGREEMENT shall terminate upon receipt by the terminating Party of the amounts due it under this Section 14.4.

14.5 No Program Funding. In the event that RCTC determines there are inadequate PROGRAM funds for whatever reason, RCTC shall have the right to immediately terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC terminates this AGREEMENT under this Section 14.5, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT.

14.6 Cumulative Remedies. The rights and remedies of the Parties provided in this Section 14 are in addition to any other rights and remedies provided by law or under this AGREEMENT.

15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the other Party. All notices and communications between the Parties to this AGREEMENT shall be addressed as set forth below and provided by any of the following methods (i) personally delivered; (ii) sent by electronic mail, with a subject line clearly id entifying this AGREEMENT, read receipt requested, and a cc: provided to the identified staff ; (iii) sent by first-class mail, return receipt requested ; or (iv) sent by overnight express delivery service with postage or other charges fully prepaid. No twithstanding the foregoing, notices of dispute or termination sent by electronic mail must be followed by hard copy mailed notice to be effective. Notwithstanding the foregoing, invoices and requests for changes to the SCOPE OF WORK, shall be submitted through the Rivtrack system as specified in this AGREEMENT.

TO RCTC: TO RECIPIENT:

Aaron Hake
Executive Director
RCTC
4080 Lemon Street, 3rd Floor
Riverside, California 92501
Phone: (951) 787-7141
e-mail: [email protected]

cc: [email protected]

Francisco Jaime
Principal Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 898-0390
[email protected]

cc: [email protected]
Any party may update its address and contact information by providing written notice of the new information to the other Parties in accordance with this Section 15.

16. Prevailing Wages . RECIPIENT is alerted to the requirements of California Labor Code Sections 1770 et seq., which require the payment of prevailing wages where the SCOPE OF 17336.00005\43913606
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8 WORK or any portion thereof is determined to be a “public work,” as defined therein.

RECIPIENT shall ensure compliance with applicable prevailing wage requirements by any person or entity hired to perform the SCOPE OF WORK or any portion thereof falling within the definition of “public work.” RECIPIENT shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation reasonable attorneys’ fees, arising from any failure or alleged failure to comply with California Labor Code Sections 1770 et seq. on the PROJECT.

17. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applica nt for employment because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no Party, agent or representative of the other Party has made any promise, representation or warranty, express or implied, not expressly contained in this AGREEMENT, that induced the other Party to sign this document. Modifications to this AGREEMENT shall be in the form of a written amendment executed by aut horized representatives of the Parties to be bound.

19. Governing Law; Venue and Severability. This AGREEMENT shall be governed by, and be construed in accordance with, the laws of the State of California. Venue shall be in Riverside County. If any portion of this AGREEMENT is found to be unenforceable by a court of law with appropriate jurisdiction, the remainder of the AGREEMENT shall be severable and survive as binding on the Parties.

20. Attorneys’ and Other Fees. If any legal action is initiated for the enforcement/interpretation of this AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this AGREEMENT, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled as determined by a court of law or appointed decider under alternative legal proceedings.

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

22. Section Headings and Interpretation. The section headings contained herein are for convenience only and shall not affect in any way the interpretation of any of the provisions contained herein. The AGREEMENT shall not be interpreted as being drafted by any P arty or its counsel.

23. No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions in this AGREEMENT shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or 17336.00005\43913606
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9 powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power provided under applicable law.

24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT.

25. Counterparts. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, but all which together will constitute but one agreement.

26. Form of Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.

27. Survival. All rights and obligations under this AGREEMENT that by their nature are to continue after any expiration or termination of this AGREEMENT shall survive any such expiration or termination.

[SIGNATURES ON NEXT PAGE]
17336.00005\43913606
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1010

SIGNATURE PAGE
TOTO
AGREEMENT NO. 25-62-136-00

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN

FACILITIES PROGRAM
IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their duly authorized representatives as of the Effective Date.

RCTC
By:____________________________
Aaron Hake, Executive Director

RECIPIENT

CITY OF PALM SPRINGS
By:____________________________
Name: _________________________
Title: __________________________

APPROVED AS TO FORM
Best, Best & Krieger LLP
By: _________________________
General Counsel to RCTC

APPROVED AS TO FORM
By: _____________________________
Name: ___________________________
Title: ____________________________
17336.00005\43913606
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Attachment 1

ATTACHMENT 1

(RECIPIENT APPLICATION FOR FUNDING)

17336.00005\43913606
Item 1L - Page 16
Questionnaire Tab
Email address:
[email protected]
Project Name:

South Palm Canyon Road Reconfiguration Project
Has this Project been previously awarded in a past SB 821 Cycle? No
Yes, in 19-20 FY Cycle
Yes, in 21-22 FY Cycle
Yes, in 23-24 FY Cycle
Lead Agency:

Palm Springs
Memorandum of Understanding
By October 1, 2025, awardees will execute the Project MOU with the Commission. To streamline the process, please provide the name and contact information or the individual who will be the signatory on the MOU.

This is typically the City Manager, City Engineer, or Public Works Director.

MOU Signatory *
Francisco Jaime
Title: *
Principal Civil Engineer (On behalf of City Eng)
Email address: *
[email protected]
Project Contact Person
Provide contact information for Project's contact person. This could be the Public Works Director, the Project Manager, or other City/County Staff.

Project Contact is the same as current user
Project Contact Person: *
Anthony Acosta
Title: *
Senior Civil Engineer
Email address: *
[email protected]
Phone Number: *
(760) 898-0390
Project Overview
Project Type (check all that apply) *
Bicycle Project
Pedestrian Project
Multi-use Trail Project
Non-Infrastructure/Plan
Project Locate in a Disadvantage Community, per SB-535? * Yes
No
Partial
Does the proposed project include any of the following (check all that apply)? * Curb
Gutter
Driveway Ramp
Project does not include any of the above
Is the benefit provided for the exclusive use of bicyclist/pedestrian? * Yes
No
Item 1L - Page 17
0 0
0 Project Application Tab
Project Number: 000225 Agency: Palm
Springs
Project Type: Bicycle Project, Pedestrian Project
Project Name: South Palm Canyon Road
Reconfiguration Project
Status: Submitted To RCTC
A. Scope of Work (500 Characters)
The South Palm Canyon Road Reconfiguration Project will introduce Class II bicycle facilities and a sidewalk gap closure along South Palm Canyo n Drive from Acanto Drive to East Palm Canyon Drive. The proposed reconfiguration reallocates existing right-of-way from travel lanes to install a bike lane on both sides of the road beside a two-foot buffer. Additionally, it would add a twelve-foot center turn lane and convert one travel lane i n each direction into a dedicated curb-side parking lane.

B. Funding
Enter the project costs for PA/ED, PS&E, ROW, Construction and Local Match in the fields provided below. The gray fields contain formulas that will calculate the Total Project Cost, SB 821 Request, and the Percentage Splits. 10% Programming Cap: $727,986.30

PA & ED:
84,700.00
PS & E:
177,400.00
ROW:

Construction:
1,213,200.00
Administration:

0.00 Total Project
Cost:
1,475,300.00
20% Programming Cap: $1,455,972.60
Agency Split %
Local Match:
747,314.00
51%
SB 821
Request:
727,986.00
49%

100%

RCTC Split %
Local Match:
747,314.00
51%
SB 821
Request:
727,986.00
49%

100%
Item 1L - Page 18
C. Schedule
For completed phases, provide supporting documentation such as copies of environmental clearance, title sheet of 100% plans with engineer’s stamp, or right of way clearance and attach in section J.

Start End
PA & ED:
09/02/2024
02/25/2025
PS & E:
02/26/2025
09/01/2025
ROW:
/ /
/ /
Construction:
09/02/2025
01/05/2026
Close out:
01/06/2026
02/02/2026
Item 1L - Page 19
D. Project Background & Project Description
Describe the project background and the existing conditions of the larger project area and or project vicinity.

Discussion can include background information on current roadway configuration, missing bike and pedestrian facilities, and importance of project to local active transportation users. If possible, upload photographs of existing conditions.

Describe the project in its entirety. Include the purpose and need, benefit, and location of the project. Provide a map showing existing and proposed project improvements. If available, upload typical cross-sections showing vehicular lane widths, active transportation facilities width, and any landscaping or lighting features in section J.

The City of Palm Springs is actively investing in active transportation and the betterment of the community. The City's integration with the region al CV Link trail network allows for the opportunity to create a robust local network that connects cyclists and pedestrians to the larger regional s ystem, providing a wider range of commute options and recreational opportunities. The project corridor spans approximately 2.1 miles from Aca nto Drive to E Palm Canyon Road along South Palm Canyon Drive. Currently, South Palm Canyon Drive has a posted speed limit of 40 miles per ho ur.

As shown in Figure 1 (refer to Attachment), land use along the corridor primarily consists of low to medium density residential, parks and recreati onal spaces, and hotels/resorts. South Palm Canyon Drive includes several activity generators including restaurants, cafes, hotels, churches, an d commercial plazas. Additionally, South Palm Canyon Drive provides access to multiple trails, including Lykken Trail, Palm Canyon Wash Trail, an d Cahuilla Hills Trail. Currently, South Palm Canyon Drive consists of four undivided travel lanes with some segments that allow for street parking.

Also shown in Figure 1 (see Project Background and Description Map), there are Class II bike facilities connecting to South Palm Canyon Drive via Murray Canyon Drive, La Verne Way, and Belardo Road. There are several sidewalk gaps along the project corridor, creating accessibility challen ges for pedestrians to navigate. A high-level summary of the project is shown in Table 1 (see Project Background and Description Map).

Palm Springs also has a large population of seniors, many of whom are retirees. 33.8% of the City’s population is 65 years of age or older, which is roughly double the national average according to American Community Survey’s 2023 5-Year Estimates. Seniors are more likely to rely on altern ative modes of transportation such as walking, biking, or transit than other ages. The resort-like nature of Palm Springs also encourages walking and biking as a recreational activity, and incomplete bicycle and pedestrian infrastructure along corridors creates hazards for vulnerable road users, particularly seniors. The reconfiguration will enhance safety, manage speeds, and create connectivity for active transportation modes. Im provements along South Palm Canyon Drive will also focus on closing the sidewalk gaps to expand pedestrian facilities and enhance pedestrian safety.

The South Palm Canyon Drive Road Reconfiguration Project aligns with the city’s broader vision for a safer, more connected, and multimodal tran sportation network. Community outreach was a fundamental part of the development of this Project, including three in-person and virtual com munity meetings (in September 2024, November 2024, and February 2025), a project website, an interactive map, and a project e-mail. Several c onceptual cross section options for various segments of the corridor were presented for public feedback at a community meeting on September 17th, 2024, as shown in Figure 8 (see Community Outreach Materials). This feedback was used to develop the recommended conceptual cross s ections shown in Figures 9, 10, and 11 based on the community feedback (see Community Outreach Materials). Throughout this community outre ach process, approximately 80 comments were provided on the interactive map, and over 120 community comments in total were received. The se comments were carefully considered, along with project data and engineering judgement, to develop a feasible and preferred project design for the corridor. The project website can be found here: https://engagepalmsprings.com/road-reconfiguration-projects The interactive map can be viewed here: https://app.publiccoordinate.com/#/projects/PalmSpringsSouthPalmCanyonDrive/map Item 1L - Page 20
E. Destinations Served (2 points for each destination served, max 14 points) Briefly summarize and list all the types of destinations served by the proposed project. Provide a project vicinity map identifying all the destination types served by the proposed project within a 1/2 mile or a 1-mile radius. Destination types are schools or higher education facilities, commercial centers, municipal or any other civic centers, medical facilities, restaurants and recreational centers.

For pedestrian projects, each type of destination needs to be within 1/2 mile radius to be eligible. For bicycle or multi- use trail projects, each type of destination needs to be within a 1-mile radius. Each destination type served will receive 2 points.

On the map, provide a 1/2 mile buffer or a 1-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points.

Figure 2 (see Destinations Served Project Map) provides an overview of the destinations served by South Palm Canyon Drive and that will be withi n one mile of the proposed bike lanes and sidewalk gap closures. There are 11 destinations served within a 1-mile radius of the proposed bike facil ities. The bike facilities will provide access to a mix of destinations, including schools, resorts, and attractions such as the Moorten Botanical Gard en, restaurants, shopping centers, and recreational trails. Because the proposed improvements provide access to a mix of destinations and lan d uses, they will improve accessibility for active transportation trips along the corridor, and promote biking and walking for short range trips. This provides opportunity for Vehicle Miles Traveled (VMT) reduction, lower transportation costs for residents and visitors, and a reduction in collision s, especially by severity, for all modes along the corridor.

F. Safety (max 15 points)
Describe the extent to which the proposed project will increase safety for the non‐motorized public or how the project will reduce the number of non‐motorized fatalities and serious injuries.

Points (5) will be given on the severity of the existing safety hazard at the project location to demonstrate project need.

Include information about project characteristics such as: no existing shoulder within project limits, no existing/planned sidewalk or bikeway adjacent to the project, etc. Applicants may wish to consider including documented pedestrian/bicycle collision or injury history, most current and valid 85th percentile speed of motorized traffic in project limits, photos of existing safety hazards the project will address, existing pedestrian/bicycle traffic counts, student attendance figures for school served by project. Additionally generate a collision heat map for the project site using collision data from the last ten years. Heat map can be generated using the ATP Maps & Summary interface from TIMS (https://tims.berkeley.edu/) or Crossroads. Upload map in section J.

Points (5) will be given for safety countermeasures or safety enhancement features included in the project scope. Provide an explanation of how each countermeasure will improve safety for bicyclists and pedestrians.

Examples of acceptable safety countermeasures and enhancements include rectangular rapid flashing beacons, bicycle boxes, and curb extensions. (see https://safety.fhwa.dot.gov/provencountermeasures/). The use of countermeasures not appearing on the FHWA list of proven countermeasures must include a detailed description of why the countermeasure is needed and how it will improve safety for non‐motorized travel.

Points (5) will be given based on the potential of the proposed project to provide safety benefits to the non-motorized public. Applicant should draw from responses in the prior safety sections. Discuss the considerations made when evaluating and determining the type of bicycle or pedestrian facility for the project corridor. Why was Class I selected over Class IV, why was Class II considered over Class III?

Item 1L - Page 21
Safety Hazards​
According to the Transportation Injury Mapping System (TIMS), there were 11 crashes resulting in injuries along the corridor in the 10-year period fr om 2014 to 2023. One of these crashes resulted in a serious injury, seven resulted in other visible injuries, and three resulted in complaints of pain.

One visible injury crash involved a bicyclist. There were likely more incidents along the corridor, as this crash data does not account for non-injury collisions, unreported collisions, and near misses. A map of the crashes occurring along this corridor is shown in Figure 3 (see Safety Project Map ).
​
Sidewalk gaps exist on both sides of the roadway, as seen in Figure 4. Figure 5 and Figure 6 (see Safety Project Map) show examples of existing si dewalk gaps along South Palm Canyon Drive. This limits accessibility along South Palm Canyon Drive for residents and visitors to access nearby destinations. Currently, cyclists using the roadway must either take up a full lane, ride along the right side of the lane, or ride along the sidewalk, which features sidewalk gaps and obstacles. Currently, there are no markings for cyclists on the roadway, including Class III facilities or “sharro ws”. This prioritizes vehicular traffic along this corridor and can cause drivers to not expect to share the road with cyclists. During community outr each meetings, many residents reported feeling unsafe walking and biking along the corridor due to speeding concerns, lack of dedicated bicyc le facilities, sidewalk gaps, and limited pedestrian crossings, often avoiding the corridor if not traveling by vehicle. ​
According to the latest data from the California Office of Traffic Safety (OTS), Palm Springs ranks fourth among 90 peer cities in the state for ped estrian fatalities and serious injuries, and second for pedestrians 65 and older killed or seriously injured in crashes. This can partially be attribute d to incomplete streets that result in sidewalk gaps and incomplete bicycle infrastructure. ​
The addition of bike lanes and the closure of sidewalk gaps along South Palm Canyon Drive will increase safety for active transportation users thr ough the creation of dedicated and separate spaces for bikes, pedestrians, and vehicles to traverse the roadway safely and with greater aware ness of one another’s presence. The reduction of travel lanes in each direction from two to one will dedicate less road space to vehicles and enco urage lower speeds, and provide a greater sense of comfort for cyclists. The reconfiguration will also reduce the number of lanes that cyclists ne ed to cross when turning left from four to two. Class II bike lanes were selected over Class III bike lanes due to the characteristics of this corridor.

Class II bike lanes have greater safety impacts through increased visibility of cyclists, and because they offer improved traffic flow compared to Class III facilities by providing a separate lane for cyclists. Other types of bike facilities such as a two-way cycle track and parking protected Cla ss IV bike lanes were considered but received constructive feedback from the community and demonstrated design challenges. The community emphasized the importance of maintaining curbside accessibility, as there are many seniors in this neighborhood, and maintaining consistency and connectivity with other bike facilities in the City which feature primarily Class II bike lanes, such as along the connecting roads of Murray Can yon Drive and La Verne Way.
​
Safety Countermeasures:​
The South Palm Canyon Drive Road Reconfiguration Project, spanning from Acanto Drive to E Palm Canyon Drive in Palm Springs, will include safet y countermeasures recommended by the Federal Highway Administration (FHWA) to help enhance bicyclists and pedestrian safety. Safety cou ntermeasures under this project include road reconfiguration (bicycle improvements) and pedestrian improvements. ​
Currently, the project corridor does not include any dedicated bicycle facilities, despite its proximity to recreational trails such as the Lykken Trail, Palm Canyon Wash Trail, and Cahuilla Hills Trail. Additionally, South Palm Canyon Drive connects to adjacent existing Class II bike lanes at Murra y Canyon Drive, La Verne Way, and Belardo Road. To improve bicycle network connectivity and roadway safety, the project will require reallocatin g existing right-of-way from travel lanes to incorporate the following improvements:
​
• A bike lane (5 to 6 ft) on both sides of the road, separated from traffic by a two-foot striped buffer ​ • A twelve-foot center turn lane ​
• Conversion of one travel lane in each direction into a dedicated eight-foot curb-side parking lane ​ • The segment from Acanto Drive to Bogert Trail will include a five-foot bike lane on both sides of the road along with one travel lane in each dir ection​
Through reallocating lanes from existing right-of-way space and adding Class II bicycle lanes, the Project will promote safer cycling conditions, encourage multimodal transportation, and reduce conflicts between cyclists and motor vehicles. South Palm Canyon Drive is well positioned for i ncreased bike trips due to the mix of land uses along the corridor, lower vehicle volumes than other parts of the city, access to nearby trails, and scenery along the corridor.
​
Additionally, the Project will include crosswalk visibility enhancements and sidewalk continuity improvements. Currently, the South Palm Canyon Drive and East Avenida Granada intersections have no existing crosswalks, and the nearest crosswalk is half a mile away at Murray Canyon Driv e. There are sight distance challenges south of the intersection, increasing the risk of pedestrian-vehicle conflicts for vehicles turning from East A venida Granada. The project will install a high-visibility white ladder crosswalk and an all-way stop control, enhancing pedestrian visibility and p otentially reducing vehicle speeds to create a safer crossing environment. The intersection of South Palm Canyon Drive and East La Verne Way c urrently has white ladder crosswalks on the south and east legs. The crosswalk on the east leg is faded, making it challenging for vehicles to see the marked crosswalk. The Project will refurbish the white ladder crosswalk markings, improving pedestrian visibility and safety. There are sever al existing sidewalk gaps along South Palm Canyon Drive, disrupting pedestrian accessibility. The Project will close existing sidewalk gaps to cre ate a continuous sidewalk along one side of the corridor, enhancing walkability and pedestrian safety. This will greatly benefit those with mobility issues, particularly senior citizens and visitors.
​
By implementing these FHWA-recommended safety countermeasures, the South Palm Canyon Drive Road Reconfiguration Project will create a more accessible and multimodal corridor for cyclists and pedestrians. These improvements will help reduce conflicts, enhance visibility, and enc ourage active transportation for a more connected community. ​
Safety Benefits:​
Item 1L - Page 22
The South Palm Canyon Drive Road Reconfiguration Project will increase pedestrian and cyclist safety and visibility along the project corridor. Th e project will introduce Class II bike lanes with a striped buffer along a 40 mile per hour corridor to separate cyclists and pedestrians from vehicle s, reducing conflicts between drivers and vulnerable road users. Adding a striped buffer will also allow vehicles to access the parking lane and d elivery trucks to access mailboxes facing South Palm Canyon Drive. The addition of bicycle facilities along South Palm Canyon Drive will help enh ance the bicycle network by connecting to adjacent Class II bike lanes and trailheads in the area. Additionally, the Project will add walkways alo ng the corridor, closing any sidewalk gaps to create a continuous and accessible walkway for pedestrians along one side of the corridor. These i mprovements will help prevent pedestrians from walking along the roadway due to obstructions. In addition to this, the city plans to reassess sp eed limits along the corridor through the latest speed limit legislation which provides additional flexibility to reduce speed limits by five miles per hour on safety corridors.
​
G. Multimodal Access (1 point each, max 6 points)
In a project vicinity map, identify all the bus routes, Metrolink stations, park-and-ride facilities, bicycle lanes, sidewalks or crosswalks improved by the proposed project within a 1/2 mile or a 1-mile radius.

For pedestrian projects, these amenities need to be within 1/2 mile radius to be eligible. For bicycle or multi-use trail projects, amenities need to be within a 1-mile radius. Each amenity will receive 1 point.

On the map, provide a 1/2 mile buffer or a 1-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. Upload map in section J.

Below, discuss how the project along with its nearby amenities encourage multi-modalism. Briefly summarize and list all the bus stops, Metrolink Stations, park-and-ride facilities, missing bicycle or sidewalks, or crosswalks enhanced by the proposed project and indicate if the items are existing or planned.

Sunline Bus Routes 1, 2, and Tripper 200 provide service near the project area. There are 18 bus stops within a 1-mile radius of the proposed bike fa cilities. A summary of transit service in the project area is shown in Table 2 and Figure 7 (see Multimodal Access Project Map). Service is provided to destinations within Palm Springs, such as downtown, as well as neighboring communities such as Rancho Mirage, Cathedral City and Desert Hot Springs. The Tripper 200 is part of Sunline’s School Tripper Service, which provides connections to schools within the Coachella Valley. Tripper 200 provides connections to Palm Springs High School. The project provides the opportunity to create first-last mile connections to those using tr ansit service to access schools in the area.
​
Item 1L - Page 23
H. Matching Funds (max 10 points)
10% Programming Cap: $727,986.30
Agency
Local Match:
747,314.00
SB 821 Request:
727,986.00
20% Programming Cap:
$1,455,972.60
Split % Match Points
51%

10.00 49%
100%
Match % Points
50% 10
45% 9
40% 8
35% 7
30% 6
25% 5
20% 4
15% 3
10% 2
5% 1
0% 0
I. Population Equity (max 5 points)
Agency: Palm Springs Population Equity Points

0.00 Item 1L - Page 24
J. Attachments
Upload attachments indicated from previous sections.

Title Document Type
Local Match Commitment - South Palm Cyn.pdf Commitment to Local Match South Palm Canyon Drive Env Clearance.pdf Environmental Document Community Outreach Materials -- South Palm Canyon Dr.pdf Project Background & Project Description Map Project Background and Project Description Map -- S Palm Canyon Dr.pdf Project Background & Project Description Map Safety Project Map -- S Palm Canyon Dr.pdf Safety Project Map Multimodal Access Project Map -- S Palm Canyon Dr.pdf Multimodal Access Project Map Destinations Served Project Map -- S Palm Canyon Dr.pdf Destinations Served Project Map Engineers Estimate -- S Palm Canyon Dr.pdf Project's Engineers Estimate 2025.04.23 - South Palm Canyon Dr_Conceptual Plans_v3-Reduced.pdf Title Sheet K. Certification
I certify that the information presented herein is complete and accurate.

Name: Anthony Acosta
Date: 04/24/2025
Title: Senior Management Analyst
Item 1L - Page 25
Map Tab
Project Number: 000225 Agency: Palm Springs
Project Type: Bicycle Project, Pedestrian Project
Project Name: South Palm Canyon Road
Reconfiguration Project
Status: Submitted To RCTC
Item 1L - Page 26
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Map data ©2025
City of Palm Springs
Engineering Services Department
3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov

April 23 ,2025

TDA Article 3 Grant Selection Committee
Riverside County Transportation Commission
4080 Lemon Street
Riverside, California 92501

Subject: Transportation Development Act (TDA) Article 3 Grant – Local Match for South Palm Canyon Road Reconfiguration Project

Dear Members of the Selection Committee,

This letter is intended to memorialize the City of Palm Springs’ commitment to delivering the South Palm Canyon Road Reconfiguration Project if TDA Article 3 Program grant funds are awarded.

This important project was developed as part of a robust community outreach process, which engaged community members through a series of three in-person and virtual meetings along with online engagement tools. In 2011, the sales tax Measure J was placed on the ballot and became voter approved. Measure J is a 1% supplemental local sales tax measure which helps fund critical plans and projects in Palm Springs. Measure J is a significant funding source for the City, making up approximately 10% of the general fund revenue annually. This project has received s upport from residents and the City Council and has received Measure J dollars for PA&ED, PS&E, and construction within the fiscal years of 24-25 and 25-26. The City is confident it has substantial funding to meet its local leverage requirements and is committed to funding the improvements if awarded the grant application.

The Local Match commitment will be fulfilled as follows:

Phase Local Match
Amount
Total
Project
Cost
Grant Funding
Request
Year Source
PA&ED $84,700 $84,700 $0 FY 24-25 Measure J
PS&E $177,400 $177,400 $0 FY 24-25 / 25-26 Measure J
R/W N/A N/A N/A N/A Measure J
CON $483,214 $1,213,200 $727,986 FY 25-26 Measure J
Total $747,314 (51%) $1,475,300 $727,986 FY 24-25 / 25-26 Measure J

Thank you for consideration of our application.

Sincerely,

Francisco J. Jaime, PE
Principal Civil Engineer (on behalf of Joel Montalvo, City Engineer) City of Palm Springs
Item 1L - Page 27
The South Palm Canyon Road Reconfiguration Project will introduce Class II bicycle facilities and a sidewalk gap closure along South Palm Canyon Drive from Acanto Drive to East Palm Canyon Drive. The proposed reconfiguration reallocates existing right-of-way from travel lanes to install a bike lane on both sides of the road beside a two-foot buffer.

Additionally, it would add a twelve-foot center turn lane and convert one travel lane in each direction into a dedicated curb-side parking lane.

As the Project would be conducted within the existing right-of-way and consists of bicycle facilities and sidewalk improvements, the Project would meet the criteria consistent with a Class 1 Categorical Exemption as set forth in CEQA Guidelines Section 15301(c).

Item 1L - Page 28
Figure 8: Example Conceptual Cross Section Options Presented on September 17th, 2024 Item 1L - Page 29
'' I

CONCEPTUAL CROSS SECTIONS
Existing Conditions
SB NB
■■
,__ _____ 6-4''----------1
Section 8-B: Bogert Trail to V1.•est El Pcrtal
OpUon I: Two-W..1 C,cle Traci<
wtth Paf/{/nlJ (line Side}
Option 2: Class Ir Bike Lanes
witlJ Center 1!J¥n Lane
ana Parking /BCrll s1aes1
Optioo 3: Class II Bike lane•
with Center T"rn Lane
anti Clll1J$tae Part111g (Bom S/4e$J
Oplioo 4: Class II Of eta .. IV Bike Lanes
wi,,, Parking (One Slt1e!
Oplioo 5: Clas, II a, Clas!i /I'
BlkJ/ !BIies

NB SB NB SB NB SB NB SB NB
~ t "--- ~ ~--- ~ - ,..,.!.,.. •--•- ....,,_ t _,.,. -I"" _l..,. ,_,_ , .... > <I lO' •D > i-+c'- -F------+---+---++'-- ----1 •· • » • ~ ;, ■ 11■1 . ·1•1
Figure 9: Proposed Alternative Presented on February 25th, 2025 (Cross Section A)
Item 1L - Page 30
N.T.S
Considerations: ~isttng Conditions
·dth does not allow • Road w1 but narrowing of
for buffer, manage travel lanes can
speeds
Figure 10: Proposed Alternative Presented on February 25th, 2025 (Cross Section B)
Item 1L - Page 31
Considerations :
• Proposed Alternative
reduces to one travel lane
in each direction and a
center turn lane which can
promote continuity
throughout the corridor.

Conceptual Cross Section B Bogert Trail to West El Portal S8 NB
Proposed Allemative: Class II Bike Lanes with Center
Tum Lane and Curbside Parking (Both Sides)
SB NB
Figure 11: Proposed Alternative Presented on February 25th, 2025 (Cross Section C)
Item 1L - Page 32
Considerations:
• Proposed Alternative
reduces to one travel lane
in each direction and a
center turn lane which can
promote continuity
throughout the corridor.

Conceptual Cross Section C W El Portal to E Palm Canyon Dr ' I
I I
I " t I I I I
I I
ProposBd Alternative: Class II or
Class IV Bike Lanes with Center Tum
Lane and Curbside Parking (One Side)
Table 1: Key Project Information
Item Quantity or Description
Project Cost $1,475,300
Destinations Served 11
Number of Crashes (2014-2023) 11
Fatal or Severe Injury Crashes (2014
– 2023)
1 Bicycle Crashes (2014 – 2023) 1
Pedestrian Crashes (2014 – 2023) 0
Bus Routes Served 3 (1WV, 2, 200Tripper)
Bus Stops Served 18
Safety Countermeasures • Road Reconfiguration (Bike Improvements):
• Bike lane (5 to 6 ft) on both sides of the
road, separated from traffic by a two-foot
striped buffer
• Twelve-foot center turn lane
• convert one travel lane in each direction
into a dedicated eight-foot curb-side
parking lane
• The segment from Acanto Drive to Bogert
Trail will include a five-foot bike lane on
both sides of the road along with one
travel lane in each direction
• Pedestrian Improvements:
• Sidewalk gap closures
• Install high-visibility white ladder
crosswalk (Avenida Granada)
• All-way stop control (Avenida Granada)
• Refurbish the white ladder crosswalk
markings (East La Verne Way)
Item 1L - Page 33
Figure 1: Project Overview and Limits
Item 1L - Page 34

PROJECT OVERVIEW AND LIMITS
LEGEND
Project Corridor for Proposed Bike Facility
•• Hiking Trail
)>
fi1 ::::, ,...
0 C ..,
Class II Bike Route
General Plan Land Use
Estate Resklentlal
Very Low/I.ow Density ResklentJaJ
Medium/High Density Restdentlal
• small Hotel
Tourist Resort/Neighlloftoocl/
community commercial
Open Space - Mountain
Open Space - Parks/Recreation
South Lykken Trail
Class II Bike Lane
Class II Bike Lane
The project corridor spans 2.1 miles from Acanto Drive to East Palm canyon Drive along South Palm canyon Drive. The purpose of the project is to connect residential communities, !railheads, and commercial areas within Palm Springs. The road reconfiguration project focuses on:

O introducing bicycle facilities O addressing traffic operations O creating pedestrian improvements O enhancing existing public~ of way Figure 3: Crashes along South Palm Canyon Drive (2014-2023) Item 1L - Page 35
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Legend:

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,;
~ ,. Dense Crash Activity t.. <;
~,;~ □ Bicycle Crash
~ Project Limits ~
>,
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Figure 4: Sidewalk Gaps Along South Palm Canyon Drive
Item 1L - Page 36
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Resort a nd Spa
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Project Limits
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, C
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Figure 5: Sidewalk Gap Located by Royal Hawaiian Estate on South Palm Canyon Drive
Figure 6: Sidewalk Gap Located on the Southeast Coner of South Palm Canyon Drive and Canyon Rock Road
Item 1L - Page 37
Figure 7: Transit Stops within 1 Mile of Project
Item 1L - Page 38
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Project Limits
, 1-Mile Radius from
-' Project
I
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-0
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Table 2: Transit Service through Study Area
Route Streets Served in Project
Area
Destinations
1WV S Palm Canyon Drive
E Palm Canyon Drive
Indian Canyon Drive
Palm Canyon at Stephens in Palm
Springs to Town Center at Hahn in
Rancho Mirage
2 Ramon Road
S Palm Canyon Drive
Indian Canyon Drive
West at Pierson in Desert Hot Springs
to B St at Buddy Rogers in Cathedral
City
Tripper 200 Ramon Road
S Palm Canyon Drive
West at First in Desert Hot Springs to
Farrell and E Baristo in Palm Springs
Item 1L - Page 39
Figure 2: Key Destinations near Project Area
Item 1L - Page 40
" 0
~ C
1~mmm
1 2
3 4
5 6
7 8
nto 9
10 11
0 Destination
Cahuilla Elementary School
Plaza Del Sol Shopping Center
Indian Canyons Golf Resort
Fl0 Catering and Events
Best Western Inn at Palm Srpings
Moorten Botantical Garden
Royal Sun Hotel Palm Springs
High Noon Restaurant
Wander Palm Springs Mesa Hotel
Hilton Vacation Club Palm Canyon
South Lykken Trail
\
\

0.5 --------<11
0 ~ . < ANDREAS
HILLS
CANYON
IDOR
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Golf R.sort­
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.0 Legend: C
~ Project Limits . u Key Destinations E
• a. 1-Mile Radius from
w Project
l.,,.I UD t'atm ~pring s
"
High School
City of Palm Springs 4/23/2025

TOTAL COST
$1,011,000
$1,011,000
CO
NTING
ENCY (20%) $202,200
$1,213,200
S Palm Canyon Drive Road Reconfiguration
Opinion of Probable Construction Cost
Bid Item Totals

BASE BID TOTAL PER LOCATION
S Palm Canyon Drive Road Reconfiguration

BASE BID SUB TOTAL
TOTAL
Figure 12: Engineer's Estimate
Item 1L - Page 41

COST QUANTITY

FACTOR (EACH) TOTAL
SY $80.00 100 $8,000
LF $90.00 500 $45,000
SF $25.00 2000 $50,000
EA $10,000.00 10 $100,000
Civil Total $203,000

COST QUANTITY

FACTOR ( EACH) TO
TAL
EA $500.00 71 $35,500
LF $5.00 250 $1,250
LF $5.00 1390 $6,950
LF $5.00 16530 $82,650
LF $5.00 2170 $10,850
LF $5.00 5890 $29,450
LF $5.00 780 $3,900
LF $5.00 25800 $129,000
LF $5.00 10400 $52,000
LF $5.00 90 $450
LF $5.00 7620 $38,100
LF $5.00 60 $300
SF $17.00 4240 $72,080
SF $17.00 5100 $86,700
LS $1,000.00 1 $1,000
LF $5.00 1290 $6,450
SF $8.00 710 $5,680
SF $8.00 5650 $45,200
LF $10.00 160 $1,600
EA $250.00 14 $3,500
EA $250.00 4 $1,000
EA $250.00 2 $500
EA $250.00 13 $3,250
EA $250.00 2 $500
EA $250.00 34 $8,500
EA $250.00 34 $8,500
EA $250.00 34 $8,500
LS $5,
000.00 1 $5,000
LS $5,000.00 1 $5,000
$653,360

SUMMARY
203,000
653,360
856,000
26,000
43,000
86,000
Total 1 ,011,
000
1,011,000TOTAL CONSTRUCTION COST ESTIMATE
Install Pavement Marking BIKE per Caltrans Standard Plans A24D Install Pavement MarkingLANE per Caltrans Standard Plans A24D Remove Pavement Markings
Remove Pavement Striping
Signing and Striping Total
Civil Total
Signing and Striping Total
Project Subtotal
Clearing and Grubbing (3%)
Traffic Control (5%)
Mobilization (10%)
Install Pavement Marking Bike Lane Arrow per Caltrans Standard Plans A24A Install Green-Colored Bike Lane Pavement Marking
Remove Existing Red Curb
Install Red Curb
Install 2'x10'' White Ladder Style Crosswalk
Install 2'x11' White Ladder Style Crosswalk
Install 12" White Stop Bar Bar Per City Standard 625
Install Pavement Marking Type IV (L) Arrow Per Caltrans Standard Plans A24A Install Pavement Marking Type IV (R) Arrow Per Caltrans Standard Plans A24A Install Pavement Marking XXX Arrow Per Caltrans Standard Plans A24A Install Pavement Marking STOP Per Caltrans Standard Plans A24D Install Pavement Marking AHEAD Per Caltrans Standard Plans A24D Install 4' Green-Colored Pavement Marking
Install Traffic Stripe Detail 9 Per Caltrans Standard Plans Install Traffic Stripe Detail 22 Per Caltrans Standard Plans Install Traffic Stripe Detail 27B Per Caltrans Standard Plans Install Traffic Stripe Detail 29 Per Caltrans Standard Plans Install Traffic Stripe Detail 32 Per Caltrans Standard Plans Install Traffic Stripe Detail 38 Per Caltrans Standard Plans Install Traffic Stripe Detail 39 Per Caltrans Standard Plans Install Traffic Stripe Detail 39A Per Caltrans Standard Plans Install Traffic Stripe Detail 41 Per Caltrans Standard Plans Install 12" White Diagonals. Location per Plan
Install 12" White Chevrons. Location per Plan
UNIT
Remove Existing Sidewalk
Furnish and Install Sign and Post

DESCRIPTION
Construct New Curb & Gutter
Construct Concrete Sidewalk (Width Per Plan)
Furnish and Install Complete Curb Ramp

DESCRIPTION UNIT
Figure 12: Engineer's Estimate Detailed
Item 1L - Page 42

I I I I I I
1 PROJECT LOCATION

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

BICYCLE AND PEDESTRIAN

IMPROVEMENT PLANS
FOR

SOUTH PALM CANYON DRIVE
(PROJECT #22-21A)
LEGEND:

SHEET INDEX
Item 1L - Page 43
SHT. 1
SHT. 2-7
L_

TITLE SHEET

SIGNING AND STRIPING
GUTTER

EXISTING EDGE OF PAVEMENT
CURB

EXISTING RED CURB

PROPOSED RED CURB

EXISTING RED CURB TO BE REMOVED

EXISTING STRIPING TO BE REMOVED

EXISTING STRIPING TO REMAIN

PROPOSED STRIPING

SIGNALIZED INTERSECTION
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NOT TO SCALE
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SPRINGS
MURRAY CANYON DR '.J!· _ -, °7 i /"
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ACANTO DR
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CITY OF PALM SPRINGS, CALIFORNIA

SOUTH PALM CANYON DRIVE

RECONFIGURATION PROJECT
I 'I :I I IMl~J/\1: f
60% CONCEPTUAL
DESIGN

FOR REVIEW ONLY

NOT FOR

CONSTRUCTION
SHEET
OFI
SIGNING AND STRIPING GENERAL NOTES:

Item 1L - Page 44

1. REMOVAL OF EXISTING TRAFFIC STRIPES, PAVEMENT MARKINGS,

PAVEMENT MARKERS AND ROADSIDE SIGNS SHALL CONFORM TO
THE PROVISIONS IN SECTION 15, "EXISTING HIGHWAY FACILITIES"

OF THE STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION'S STANDARD SPECIFICATIONS DATED 2024, AND

THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION'S STANDARD PLANS DATED 2024 (HEREINAFTER REFERRED TO AS

THE STATE STANDARD SPECIFICATIONS AND PLANS,
RESPECTIVELY), WHERE APPLICABLE.

2. EXISTING CONFLICTING RAISED PAVEMENT MARKERS, TRAFFIC STRIPES, AND PAVEMENT MARKINGS SHALL BE REMOVED. THE

REMOVAL OF TRAFFIC STRIPES AND MARKINGS SHALL BE
ACCOMPLISHED BY EITHER OF THE FOLLOWING METHODS.

3. WET SANDBLASTING: WHERE BLAST CLEANING IS USED FOR THE

REMOVAL OF PAINTED TRAFFIC STRIPES AND PAVEMENT

MARKINGS OR FOR REMOVAL OF OBJECTIONABLE MATERIAL, AND

SUCH REMOVAL OPERATION IS BEING PERFORMED WITHIN TEN
( 10) FEET OF A LANE OCCUPIED BY PUBLIC TRAFFIC, THE

RESIDUE INCLUDING DUST SHALL BE REMOVED IMMEDIATELY

AFTER CONTACT BETWEEN THE SAND AND THE SURFACE BEING
TREATED. SUCH REMOVAL SHALL BE BY A VACUUM

ATTACHMENT OPERATING CONCURRENTLY WITH THE BLAST
CLEANING OPERATION.

4. GRINDING: A MINIMUM OF 3 PASSES WITH THE GRINDER IS
REQUIRED. REMOVAL SHALL BE TO A MAXIMUM DEPTH OF
1/1 o". REMOVAL DEPTH MAY EXCEED 1/1 o" ONLY WHEN

NECESSARY TO EFFECTIVELY REMOVE PAINT, AND ONLY ON
APPROVAL BY THE DIRECTOR OF PUBLIC WORKS. ASPHALT

EMULSION SLURRY SHALL BE APPLIED TO THE AREAS WHERE
STRIPES OR PAVEMENT MARKING HAVE BEEN REMOVED.

TEMPORARY REMOVAL OF STRIPES AND PAVEMENT MARKINGS

MAY BE ACCOMPLISHED BY EITHER OF THE ABOVE METHODS

OR, AT THE CONTRACTORS OPTION, BY THE APPLICATION OF
REMOVABLE BLACK LINE MASK, 3M SERIES 145, OR APPROVED
EQUAL. OBLITERATION OF STRIPES OR PAVEMENT MARKINGS

BY APPLYING BLACK PAINT OR ASPHALT EMULSION SHALL NOT
BE ALLOWED. IT SHALL BE THE RESPONSIBILITY OF THE

CONTRACTOR TO PROPERLY DISPOSE OF THE RESIDUE FROM
REMOVAL OF STRIPING AND PAVEMENT MARKINGS.

5. EXISTING ROADSIDE SIGNS, SHALL BE REMOVED AND RELOCATED AS SHOWN ON THE PLANS. EXISTING ROADSIDE SIGNS AT

LOCATIONS SHOWN ON THE PLANS TO BE REMOVED SHALL NOT

BE REMOVED UNTIL REPLACEMENT SIGNS HAVE BEEN INSTALLED

OR UNTIL THE EXISTING SIGNS ARE NO LONGER REQUIRED FOR

DIRECTION OF PUBLIC TRAFFIC, UNLESS OTHERWISE DIRECTED
BY DIRECTOR OF PUBLIC WORKS. ALL EXISTING SIGNS NOT

SHOWN FOR REMOVAL, RELOCATION, OR RESETTING SHALL BE
PROTECTED IN PLACE.

6. TRAFFIC STRIPING, PAVEMENT MARKINGS, SIGNING,

DELINEATORS AND PAVEMENT MARKERS SHALL CONFORM TO
THE PROVISION IN SECTION 82, "SIGNS AND MARKERS",
SECTION 82-3, "ROADSIDE SIGNS" SECTION 84-2, "TRAFFIC
STRIPES AND PAVEMENT MARKINGS" OF THE STATE STANDARD
SPECIFICATIONS.

7. MARKERS AND DELINEATORS SHALL CONFORM TO THE
PROVISION IN SECTION 81-2, "DELINEATORS", AND SECTION
81-3 "PAVEMENT MARKERS," OF THE STATE STANDARD
SPECIFICATIONS. FLEXIBLE POSTS SHALL CONFORM TO THE
DETAILS SHOWN ON THE PLANS. FLEXIBLE POSTS SHALL BE

MADE FROM A FLEXIBLE WHITE PLASTIC WHICH SHALL BE

RESISTANT TO IMPACT, ULTRAVIOLET LIGHT, OZONE AND
HYDROCARBONS. FLEXIBLE POSTS SHALL RESIST STIFFENING

WITH AGE AND SHALL BE FREE OF BURNS, DISCOLORATION,

CONTAMINATION, AND OTHER OBJECTIONABLE MARKS OR
DEFECTS WHICH AFFECT APPEARANCE OR SERVICEABILITY.

8. THE CONTRACTOR SHALL FURNISH AND INSTALL ROADSIDE

SIGNS AT THE LOCATIONS SHOWN ON THE PLANS OR AS

DIRECTED BY THE DIRECTOR OF PUBLIC WORKS, IN
CONFORMANCE TO THE PROVISIONS IN SECTION 82-3
"ROADSIDE SIGNS," OF THE STATE STANDARD SPECIFICATIONS.

9. PAINTING TRAFFIC STRIPES (TRAFFIC LANES) AND PAVEMENT

MARKINGS SHALL CONFORM TO THE PROVISION IN SECTION
84-1, "GENERAL," AND 84-2, ''TRAFFIC STRIPES AND
PAVEMENT MARKINGS," OF THE STATE STANDARD SPECIFICATION.

THE CONTRACTOR SHALL FURNISH THE NECESSARY CONTROL

POINTS FOR ALL STRIPING AND MARKINGS AND SHALL BE

RESPONSIBLE FOR THE COMPLETENESS AND ACCURACY

THEREOF TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC
WORKS. THE CONTRACTOR SHALL PERFORM ALL LAYOUT,

ALIGNMENT, AND SPOTTING FOR TRAFFIC STRIPES AND
MARKINGS. TRAFFIC STRIPING SHALL NOT VARY BY MORE THAN
1 INCH IN 50 FEET FROM THE ALIGNMENT SHOWN ON THE
PLANS. SPOTTING WITH CAT TRACKS SHALL BE PERFORMED
PRIOR TO THE REMOVAL OF EXISTING STRIPES. CAT TRACKS
SHALL CONSIST OF SPOTS OF PAINT NOT MORE THAN 3
INCHES IN WIDTH AND NOT MORE THAN 5 FEET APART ALONG
THE ALIGNMENT OF THE STRIPE. PAINT FOR THE CAT TRACKS
SHALL BE THE SAME AS THAT FOR THE INTENDED STRIPE.

SPOTTING - SPOTTING SHALL BE COMPLETED PRIOR TO THE
REMOVAL OF ANY EXISTING STRIPES OR MARKINGS. EXISTING

STRIPES AND MARKINGS SHALL BE REMOVED PRIOR TO

PAINTING NEW ONES, BUT IN NO CASE SHALL ANY SECTION OF

STREET BE LEFT WITHOUT THE PROPER STRIPING FOR MORE
THAN 24 HOURS, OR OVER THE WEEKENDS OR HOLIDAYS.

MATERIALS - MATERIALS SHALL CONFORM TO THE PROVISIONS
IN SECTION 84 -"MATERIALS," OF THE STATE STANDARD
SPECIFICATIONS AND THESE SPECIAL PROVISIONS. ALL TRAFFIC

STRIPING AND PAVEMENT MARKINGS SHALL BE TWO COATS OF

PAINT WITH GLASS BEADS UNLESS OTHERWISE APPROVED BY
THE DIRECTOR OF PUBLIC WORKS. A MINIMUM OF 7 DAYS AND
A MAXIMUM OF 14 DAYS SHALL ELAPSE BETWEEN APPLICATION
OF THE FIRST AND SECOND COATS OF PAINT. THE PAINT FOR

CURB PAINTING AND TRAFFIC STRIPING AND MARKINGS SHALL
BE ENNIS PAINT INC."WATERBORNE HIGH BUILD TRAFFIC PAINT" OR APPROVED EQUAL. GLASS BEADS SHALL CONFORM TO
STATE SPECIFICATION 8010-210-22 (TYPE II). ALL PAVEMENT MARKINGS SHALL BE METRIC AND SHALL MATCH CITY STENCILS.

10. PAVEMENT MARKERS SHALL CONFORM, TO THE PROVISION IN SECTION 81-3, "PAVEMENT MARKERS," OF THE STATE
STANDARD SPECIFICATIONS AND THESE SPECIAL PROVISIONS.

REFLECTIVE PAVEMENT MARKERS SHALL BE 3M BRAND, SERIES
290 OR APPROVED EQUAL. ADHESIVE FOR PAVEMENT MARKERS
SHALL BE THE RAPID SET EPOXY TYPE PER STATE STANDARD.

11. BLUE RAISED REFLECTIVE PAVEMENT MARKERS INDICATING

LOCATION OF FIRE HYDRANTS SHALL BE PLACED ON STREETS
AND HIGHWAYS MAINTAINED BY THE CITY OF PALM SPRINGS.

THE BLUE REFLECTIVE PAVEMENT MARKERS SHOULD BE PLACED
PER FIGURE FIGURE 3B-102(CA). "EXAMPLES OF FIRE
HYDRANT LOCATION PAVEMENT MARKERS", AS SHOWN IN THE

CALIFORNIA MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES,
MOST RECENT EDITION.

12. FEDERAL MUTCD SIGN CODES ARE SHOWN UNLESS DESIGNATED BY (CA), WHICH INDICATES A CA MUTCD SIGN CODE.

13. EXACT LOCATIONS OF ALL NEW SIGNS SHALL BE APPROVED BY THE ENGINEER PRIOR TO INSTALLATION.

14. CONTRACTOR SHALL REMOVE ALL CONFLICTING TRAFFIC STRIPES AND PAVEMENT MARKINGS.

15. UTILITIES AND FACILITIES ABOVE AND BELOW THE GROUND ARE LOCATED FROM THE BEST AVAILABLE RECORD INFORMATION.

THE CONTRACTOR SHALL TAKE DUE PRECAUTIONARY MEASURES

TO PROTECT THE UTILITIES OR FACILITIES SHOWN ON THE
PLANS FROM HARM. ATTENTION IS DIRECTED TO POSSIBLE

EXISTENCE OF UNDERGROUND UTILITIES OR FACILITIES NOT

KNOWN TO THE CITY OR IN A LOCATION DIFFERENT FROM THAT

WHICH IS SHOWN ON UNDERGROUND UTILITIES ND FACILITIES

PRIOR TO DOING WORK IN ORDER TO AVOID DAMAGE OF SUCH
UTILITY OR FACILITY OR INTERFERE WITH THEIR SERVICE.

16. EQUIPMENT IN THE FIELD SHALL OPERATE ACCORDING TO THE

DESIGN SPECIFIED IN THE PLAN AND SPECIFICATIONS AND TO
THE SATISFACTION OF THE ENGINEER-IN-THE-FIELD.

17. OBTAIN APPROVAL FOR EXACT EQUIPMENT LOCATION PRIOR TO FINAL PLACEMENT.

18. ALL MATERIALS AND EQUIPMENT SHALL BE NEW, FURNISHED

AND INSTALLED BY THE CONTRACTOR UNLESS OTHERWISE
NOTED ON THE PLANS.

NOTICE TO CONTRACTOR:

CONTRACTOR AGREES THAT HE SHALL ASSUME COMPLETE AND SOLE

RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY;

THAT THIS REQUIREMENT SHALL CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND,

INDEMNIFY AND HOLD THE OWNER AND ENGINEER HARMLESS FROM ANY

AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE

PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FROM LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR ENGINEER.

IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY ALL UTILITY

COMPANIES OF ANY PROPOSED MODIFICATIONS FOR RELOCATIONS BEING MADE TO THEIR FACILITIES. METHODS FOR MODIFICATIONS AND

RELOCATIONS SHOULD BE DISCUSSED WITH THE UTILITY INSPECTOR PRIOR TO CONSTRUCTION.

CITY OF PALM SPRINGS, CALIFORNIA

SOUTH PALM CANYON DRIVE

RECONFIGURA T/ON PROJECT
I 'I :I I IMl~J/\1 :'✓
60% CONCEPTUAL
DESIGN

FOR REVIEW ONLY

NOT FOR

CONSTRUCTION
SHEET
2 OFI
3 SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH

SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH
ACANTO
DRIVE
CORTE

ENTRADA
EAST
BOGERT
TRAIL
SIGN LEGEND:

LEGEND:

SP
SP
SP SP
SP
SP
SP
CONSTRUCTION NOTES:

SP
SP
Item 1L - Page 45
I~ l>
0 0
1-+ I ..­c..., .----
0:::: <(
I
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•50- -- -- -- -- -- -- - -
~z
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■ ►
■ WI
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EX. W2-2
•. ---
■
I

GRAPHIC SCALE IN FEET
0 2040 80
1 1~~1 1
I" 40' '/iHEl'I "LOTED
FU __ SZE A- 24''/2;13"
28'
EX. R1-1, R1-3P
I
'\----;:,-:::: RB1 (CA),
\J M6-1(R)
EX. NO DUMPING SIGN
EX. R/W

EDGE OF PAVEMENT
R81(CA),
R81B(CA)
EX. NO DUMPING SIGN
EX. R/W\
....., __
EX. NO DUMPING SIGN 1

EXISTING EDGE OF

PAVEMENT
25'x5'
EX. R2-1 (40)
WHITE 24'
R81(CA ,___......,_\--_-l- __ -1--
80' SHIFT TAPER {W=6')
0 FURNISH AND INSTALL SIGN AND POST AS SHOWN.
~
@]
INSTALL TRAFFIC STRIPE DETAIL PER CALTRANS STD PLANS.

XX=DESIGNATED TRAFFIC STRIPE DETAIL NUMBER.

INSTALL GREEN BIKE LANE CONFLICT PAINT IN BETWEEN DETAIL 39A STRIPING.

INSTALL GREEN BIKE LANE CONFLICT PAINT AS SHOWN.

INSTALL PAVEMENT MARKING AS SHOWN PER CAL TRANS STD PLANS.

IPMI INSTALL PAVEMENT MARKING AS SHOWN PER CAL TRANS STD PLANS.

EX. W1-7, TYPE
N-1 (CA) MARKER
5+00 -_,._..,
PM
90 BAY TAPER
EX. 03-1...._ _ _ _ EX. R26 {CA)
RB1(CA),
M6-1(R)
EX. NO DUMPING SIGN
1::,
-f=--cs- ---
0 -
cfu [BEGIN]' BIKE LANE
R81(CA) R81A(CA)
+00
-- -- ----+
[END] ~
R81B(CA) M6-1(R)
;,.
"'
--- ----
------------ - - - - - - - -
I
■
GUTTER
I
I
■

EXISTING EDGE OF PAVEMENT
CURB

EXISTING RED CURB

PROPOSED RED CURB

EXISTING RED CURB TO BE REMOVED

EXISTING STRIPING TO BE REMOVED

EXISTING STRIPING TO REMAIN

PROPOSED STRIPING

SIGNALIZED INTERSECTION

CITY OF PALM SPRINGS, CALIFORNIA

SOUTH PALM CANYON DRIVE

RECONFIGURATION PROJECT
I I I I 1r.J11rJ /\I:)
60% CONCEPTUAL
DESIGN

FOR REVIEW ONLY

NOT FOR

CONSTRUCTION
SHEET
OF7

CITY OF PALM SPRINGS, CALIFORNIA
OF 7
SHEET

SOUTH PALM CANYON DRIVE

RECONFIGURATION PROJECT

FOR REVIEW ONLY

NOT FOR

CONSTRUCTION
60% CONCEPTUAL
DESIGN
4 SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH

SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH
RIDGE

MOUNTAIN
DRIVE

EASTMURRAYCANYONDRIVE

WESTCANYONHEIGHTSDRIVE
SIGN LEGEND: LEGEND:

SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
CONSTRUCTION NOTES:

AVENIDAAMOR

WEST LACONDESADRIVE
SP
SP
SP
Item 1L - Page 46

CITY OF PALM SPRINGS, CALIFORNIA
OF 7
SHEET

SOUTH PALM CANYON DRIVE

RECONFIGURATION PROJECT

FOR REVIEW ONLY

NOT FOR

CONSTRUCTION
60% CONCEPTUAL
DESIGN
5 SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH

SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH
EAST

CANYONVISTADRIVE

EASTAVENIDAGRANADA

WEST LACONDESADRIVE

CANYONGRANADAAPARTMENTS

AVENIDACONTENTO

CAHUILLA HILLS
DRIVE
SIGN LEGEND: LEGEND:

SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
WEST

CANTINA
WAY
CONSTRUCTION NOTES:

SP
Item 1L - Page 47

CITY OF PALM SPRINGS, CALIFORNIA
OF 7
SHEET

SOUTH PALM CANYON DRIVE

RECONFIGURATION PROJECT

FOR REVIEW ONLY

NOT FOR

CONSTRUCTION
60% CONCEPTUAL
DESIGN
6 SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH

SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH
WEST
CAMINO

CARMELITA

EAST LA
VERNE
WAY
WEST

LILIANADRIVE
WEST
CAMINO

DESCANSO

EAST VIA

CARISMA
WEST
CAMINO

ENCANTO

EAST OROPRADO
SIGN LEGEND:

LEGEND:

SP
SP
SP
SP
SP
SP
SP
SP
SPSP
SP
SP
SP
SP
SP
SP
SP
CONSTRUCTION NOTES:

SP
Item 1L - Page 48

CITY OF PALM SPRINGS, CALIFORNIA
OF 7
SHEET

SOUTH PALM CANYON DRIVE

RECONFIGURATION PROJECT

FOR REVIEW ONLY

NOT FOR

CONSTRUCTION
60% CONCEPTUAL
DESIGN
7 SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH

SOUTH PALM CANYON DRIVE
EXISTING SPEED LIMIT: 40 MPH
WEST

BELARDO
ROAD

WESTPALM
CANYON
DRIVE

EASTTWINPALMSDRIVE
WEST

CRESTVIEW
DRIVE

WEST EL
CAMINO
WAY

CANYONROCK ROAD

WEST EL
PORTAL
BALI
DRIVE
SOUTH
PALM
CANYON
DRIVE

EAST PALM
CANYON
DRIVE
SIGN LEGEND:

LEGEND:

SP
SP
SP
SP
SP
SP
SP
SP SP
SP SP
SP
SP
SP SP
SP
SP
CONSTRUCTION NOTES:

SP
SP
Item 1L - Page 49

Attachment 2
ATTACHMENT 2

(PROGRAM POLICIES)

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE

AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES

Transportation Development Act Policies

1. Up to 5% of Article 3 apportionment can be used to supplement other funding sources used for bicycle and safety education programs; the allocation cannot be used to fully fund the salary of a person working on these programs.

2. Article 3 money shall be allocated for the construction, including related engineering expenses, of the facilities, or for bicycle safety education programs.

3. Money may be allocated for the maintenance of bicycling trails, which are closed to motorized traffic.

4. Facilities provided for the use of bicycles may include projects that serve the needs of commuting bicyclists, including, but not limited to, new trails serving major transportation corridors, secure bicycle parking at employment centers, park and ride lots, and transit terminals where other funds are available.

5. Within 30 days after receiving a request for a review from any city or county, the transportation-planning agency shall review its allocations.

6. Up to 20 percent of the amount available each year to a city or county may be allocated to restripe Class II bicycle lanes.

7. A portion of each city’s allocation may also be used to develop comprehensive bicycle and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support utilitarian bike/pedestrian travel rather than solely recreational activities; a maximum of one entire allocation per five years may be used for plan development.

8. Allowable maintenance activities for the local funds are limited to maintenance and repairs of Class I off-street bicycle facilities only.

RCTC Policies

1. The SB 821 Call for Projects will occur on a biennial basis, with a release date of the first Monday of every other February and a close date of the last Thursday of every other April, beginning in 2015.

2. If a project cannot be fully funded, RCTC may recommend partial funding for award. To handle tiebreakers, RCTC will use, in terms of priority, the safety question first then construction readiness.

3. Agencies awarded funds will not be reimbursed for any project cost overruns.

4. Agencies being awarded an allocation will be reimbursed in arrears only upon submitting adequate proof of satisfactory project completion. Claims need to 17336.00005\43913606
Item 1L - Page 50

Attachment 2
include: the claim form, copies of paid invoices, a copy of the Notice of Completion (NOC), and photographs of the completed project.

5. The allocated amount represents the maximum amount eligible for reimbursement.

For projects completed under the allocated amount, the agency will be reimbursed at the matching ratio as presented in the application.

6. An agency will have thirty-six (36) months from the time of the allocation to complete the project. There will be no time extensions granted unless the reason for the delay can be demonstrated. Where substantial progress or a compelling reason for delay can be shown, the agency may be granted administrative extensions in twelve-month increments at the discretion of the Executive Director.

7. Any programmed and unused Article 3 Program funds will be forfeited unless that agency can a) utilize the unused funds to complete projects that are the same or similar in scope and/or are contiguous to the approved project or b) apply the funds to a project previously submitted under an Article 3 call for projects and approved by the Commission, subject to Executive Director approval.

8. Design and construction of facilities must conform to the general design criteria for non-motorized facilities as outlined in the Caltrans Highway Design Manual.

9. Temporary facilities, projects in the bid process, or projects that are under construction will not be funded.

10. The SB 821 evaluation committee will be comprised of a minimum of five evaluators representing a wide range of interests; such as: accessibility, bicycling, Coachella Valley, public transit, and the region. Staff, consultants, and other representatives from agencies submitting project proposals will not be eligible to participate on the evaluation committee that year.

11. Following each call, staff will monitor the equity of allocations to Coachella Valley versus Western Riverside County; the allocation should be relative to what the Coachella Valley’s share would have been if distributed on a per capita basis (the percentage of funds applied for should also be taken into consideration). If the allocation is often found to be inequitable to the Coachella Valley, staff will recommend adoption of a new policy to correct the imbalance.

12. Certain costs at times associated with bicycle/pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists/pedestrians, such as: curb and gutter as part of roadway drainage system, driveway ramps installed across sidewalks, and where roadway design standards require a roadway shoulder width that is at least as wide as a standard bike lane.

13. For each Call for Projects, a city is eligible to submit up to three (3) applications, and the County of Riverside is eligible to submit up to two (2) applications per Supervisorial District.

14. Each application is limited to a maximum request of 10% of the current Call for Projects programming capacity.

15. Total award to one jurisdiction is limited to 20% of current Call for Project’s programming capacity.

16. Awarded agencies can commence reimbursable project activities on July 1 of the Call 17336.00005\43913606
Item 1L - Page 51

Attachment 2
for Project fiscal year cycle. E.g.: for FY 25/26 Call for Projects, reimbursable work starts on July 1, 2025.

17. Awarded agencies have until October 1 of the Call for Project fiscal year cycle to execute the Memorandum of Understanding (MOU) with RCTC. E.g.: for FY 25/26 Call for Projects, MOUs must be executed by October 1, 2025

17336.00005\43913606
Item 1L - Page 52

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVAL OF TRACT MAP 3 8722 AND A SUBDIVISION

IMPROVEMENT AGREEMENT WITH RLS (ESCENA) LLC, A DELAWARE

LIMITED LIABILITY COMPANY

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

MSA Consulting, Inc., representing RLS (ESCENA) LLC, a Delaware l imited liability company, (the “Developer”), has requested approval of a final map for Phase 2 of Tentative Tract Map 38722. The final map for Phase 1 was Tract Map 38722-1 that was approved by City Council on July 9, 2025, as Item 1I. Final Tract Map 38722 is to create 42 residential units on the remaining portions of Lot 46 of the Escena Development .

Approval of final Tract Map 38722 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 3 8722 AND AN

ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH RLS (ESCENA)

LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ON LOT 46 OF THE ESCENA DEVELOPMENT , IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from the Developer is included as Attachment A.

BACKGROUND:

At its meeting on November 8, 2023, the Planning Commission recommended conditional approval of Tentative Tract Map
38722 (TTM 38722) for the construction of a residential development consisting of eighty-three single-family residential lots on a 13.28-acre site Item 1M - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
TM 38722

within the Escena development. Phase 2 of the development under final Tract Map 38722 is for forty-two single-family residential lots on a 6.77-acre site located within the Escena development at 864-978 North Gene Autry Trail, on Lot 46 of TM 32233- 1; Assessor’s Parcel Number 677- 260-043, located northwest of Grandview Street and east of North Gene Autry Trail.

The expiration date of TTM 38722 was to be November 8, 2025. H owever, MSA Consulting, Inc., representing the Developer, timely filed a final map for P hase 2 of TTM 38722 as Map 38722 on February 1, 2024. 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 some of the required studies & improvement plans, is already annexed into the Community Facility District (CFD) and thus meets all associated requirements, has met all of the bonding requirements, and has been issued an applicable rough grading permit at this time . The project has been identified as “ Aria”. A site map is provided below, a vicinity map is included as Attachment B , and a copy of the final map for TM 38722 is included as Attachment C.

Construction of required public improvements associated with Tract Map 38 722 has not been completed; the total cost of the public improvements to be completed is $1,080,000.

In accordance with Section 66462 of the California Government Code, the Developer has requested that the City enter into a Subdivision Improvement Agreement securing the Subject Site
TM 38722 –
Phase 2 of
TTM 38722
TM 38722-1 –
Phase 1 of TTM
38722
Item 1M - Page 2
El
_ __ __::::'.'.:_ TT,rara,nsit ~i~
City Council Staff Report
September 10, 2025 -- Page 3
TM 38722

cost of those improvements to be completed to the City’s satisfaction. A copy of the Subdivision Improvement Agreement with associated securities is included as Attachment D.

The City Engineer has determined that required conditions of approval associated with TTM 38722 have been satisfied, that Tract Map 38722 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 3 8722 is ready for City Council approval.

ENVIRONMENTAL ASSESSMENT:

The Planning Department had reviewed this project under the provisions of the California Environmental Quality Act (CEQA). In 1994, the City Council certified the Palm Springs Classic Planned Development District Final Environmental Impact Report (State Clearing House #9404274), adopted a Statement of Facts and Findings and a Statement of Overriding Considerations. Also, a Mitigated Negative Declaration (MND) was previously adopted by the City Council on July 16, 2003 for the Escena project and analyzed all significant environmental impacts and outlined mitigation measures of the project to bring them below a level of significance. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA), the preparation of further documentation is not necessary because the circumstances of the project have not changed. The proposed tentative tract map will not, therefore, result in any new environmental impacts beyond those already assessed in the adopted mitigated negative declaration.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the City Council’s Broad Goal of Economic Development.

FISCAL IMPACT:

Approval of Tract Map 38 722 for the currently vacant 6.77-acre parcel will allow for the development of forty-two single-family residential units. Ultimately, upon completion of the units, the City will receive yet to be determined additional property tax revenue.

Additional, incremental costs for public service will be incurred over time.

Item 1M - Page 3
City Council Staff Report
September 10, 2025 -- Page 4
TM 38722

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles

ATTACHMENTS:

A. Business Principal Disclosure
B. Vicinity Map
C. Tract Map 38722
D. Subdivision Improvement Agreement
E. Resolution
Item 1M - Page 4

Attachment A
Item 1M - Page 5
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCL OSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

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? c Yes c No

5. Type of Entity
c Corporation c Limited Li ability Company c Partnership c Trust c 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 _________________________________________________ c Officer c Director c Member c Manager [name]
c General P
artner c Limited Partner
_________________________________________________ c Officer c Director c Member c Manager [name]
c General P
artner c Limited Partner
c Other ____________________________________
_________________________________________________ c Officer c Director c Member c Manager [name]
c General
Partner c Limited Partner
c Other ____________________________________
RLS (Escena) LLC
250 Vessey Street, 15th Floor, New York, New York 10281 Delaware
Adrian Foley
Carl Perrone
Authorized Signatory
Matthew Caldwell
Authorized Signatory
c Other ______Authorized____________Signatory__________________ Item 1M - Page 6
X
X
X
X
X
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE
FORM
Page Ϯ of 2
(Revised 05/16/19)

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]
[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 FOREG
OING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date

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

B.

RLS Borrower, L
RLS Borrower, LLC
100% RLS (Escena) LLC
May 5, 2025
100% RLS Borrower, LLC
Brookfield Wealth Solutions LTD.

Item 1M - Page 7
I ~~ I

Attachment B
Item 1M - Page 8

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS

Case TTM 38722
864-978 North Gene Autry Trail – Planning Area 5
(APNs: 677-260-042 & 677-260-043)

Item 1M - Page 9
M1P
Legend
~ Project Site
~ 500-Foot Radius
•
. .

W E . .
.
s

Attachment C
Item 1M - Page 10
Item 1M - Page 11
SHEET 1 OF 5 SHEETS

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 38722

RECORDER'S STATEMENT
BEING A SUBDIVISION OF LOT 45 AND A PORTION OF LOT 46 OF TRACT MAP NO. 32233-1, ON FILE IN BOOK 381, AT PAGES 59 THROUGH 67 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.

FILED THIS ___ DAY OF _____ , 20 __ _
AT IN BOOK _____ OF
MAPS AT PAGES _____ AT THE REQUEST OF
~9 MSA CONSULTING, INC. JANUARY - 2024

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 HEREBY CONSENT TO THE

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

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

EASEMENTS FOR PUBLIC UTILITY AND SANITARY PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL, OVER LOTS "A" THROUGH "F", INCLUSIVE, SHOWN AS "PRIVATE STREET"(S), AS SHOWN WITHIN THIS MAP.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

ABUTTERS RIGHTS OF ACCESS ALONG GRANDVIEW STREET. THE OWNERS OF LOTS LOTS 31, 32, 33, 34, 35, 37, 38 AND 42, ABUTTING THIS ROAD AND DURING SUCH TIME WILL HAVE NO RIGHTS

OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL, ALSO EXCEPTING THREE ACCESS OPENINGS FOR LOTS E, F AND G AS SHOWN HEREON.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

THOSE EASEMENTS SHOWN AS "1 O' PUE", FOR PUBLIC UTILITY AND SANITARY PURPOSES ALONG AND ADJACENT TO LOTS "A" THROUGH "F", INCLUSIVE, SHOWN AS "PRIVATE STREET"(S) WITHIN THIS MAP.

WE HEREBY RETAIN LOTS "A" THROUGH "F", INCLUSIVE, SHOWN AS "PRIVATE STREETS",

FOR PRIVATE USE FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.

WE HEREBY RETAIN FOR DRAINAGE PURPOSES, AN EASEMENT OVER THOSE EASEMENTS SHOWN AS "1 O' PUE", AS SHOWN WITHIN THIS MAP, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.

WE HEREBY RETAIN FOR OPEN SPACE, LANDSCAPE AND STORM DRAIN PURPOSES, LOTS "G" THROUGH "I", INCLUSIVE, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.

RLS, (ESCENA) LLC,

A DELAWARE LIMITED LIABILITY COMPANY
BY:
~~.~TORY

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS BASED UPON

A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT

AND LOCAL ORDINANCE AT THE REQUEST OF RLS (ESCENA) LLC, A DELAWARE LIMITED LIABILITY COMPANY IN FEBRUARY OF 2025.

I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS

INDICATED, OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS

MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.

DATED: 3/ zo/ lt:? Z.5
~,~ LU ~~I:.Y~===r:cs. 8223

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT MAP NO. 38722, CONSISTING OF 5 SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF;

THAT ALL PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; DATED: _______ _

JOEL MONTALVO

CITY ENGINEER
R.C.E. 62624

CITY SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THE MAP, AND THAT I AM SATISFIED THAT IT IS TECHNICALLY CORRECT.

DATED: 4- 'Z,.4,-'Z,.~
~c.o~
ROBERT C. OLLERTON P.L.S. 7731
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. No. 7731

CITY CLERK'S STATEMENT

I, BRENDA PREE, CITY CLERK AND EX-OFFICIO ASSESSOR OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, STATE OF CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE ____ DAY OF _______ , 20 , DULY APPROVED THE WITHIN MAP OF TRACT MAP NO. 38722, AND DID ACCEPT ON BEHALF OF THE PUBLIC, THE OFFER OF EASEMENTS OVER LOTS "A" THROUGH "F", INCLUSIVE, SHOWN AS "PRIVATE STREET"(S), OFFERED FOR PUBLIC UTILITY AND SANITARY PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL; ALSO THE ABUTTERS RIGHTS OF ACCESS ALONG GRANDVIEW STREET; THE EASEMENTS SHOWN AS "1 O' PUE", ALONG AND ADJACENT TO LOTS "A" THROUGH "F", INCLUSIVE, SHOWN AS "PRIVATE STREET"(S), OFFERED FOR PUBLIC UTILITY AND SANITARY PURPOSES;

THE TENTATIVE MAP FOR SAID TRACT MAP WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE 8TH DAY OF NOVEMBER, 2023.

DATED: ________ _ BY: ________________ _

BRENDA PREE, MMC

CITY CLERK AND EX-OFFICIO ASSESSOR OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS.

THE CITY CLERK OF THE CITY OF PALM SPRINGS.

NO. ____________ _
FEE ____________ _

PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER
BY: _____________ DEPUTY
SUBDIVISION GUARANTEE BY: FIRST AMERICAN TITLE COMPANY

TAX COLLECTOR'S CERTIFICATE

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE,

THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID

STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS

TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $ 2 3 0 0 . oo DATED: -~h:>~ri_( _l</~---•20 7$'

MATTHEW JENNINGS

COUNTY TAX COLLECTOR
BY: ---U-e-"'~=c__1~-=---=.~· =-----------• DEPUTY

TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ ~.300· !71> HAS BEEN EXECUTED

AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA,

CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, 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 SUPERVJSORS.

DATED: __ ff~_il_l _1_'-f ____ ,20_'2_C:-
@1l) TAX BOND

MATTHEW JENNINGS

COUNTY TAX COLLECTOR
BY: -----l-e ... .AJl"""'a~fNMi=.,,~1-=-::_._ ___ , DEPUTY

SOILS REPORT
PURSUANT TO SECTION 66490 OF THE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT, FILE NO. 300296-005, DOC. NO. 22-10-710 WAS PREPARED BY EARTH SYSTEMS, DATED NOVEMBER 1 0, 2022 AND IS ON FILE WITH THE CITY OF PALM SPRINGS, ENGINEERING DEPARTMENT.

SIGNATURE OMISSIONS
SEE SHEET 2

NOTARY'S ACKNOWLEDGMENT
SEE SHEET 2
J.N. 1 609
Item 1M - Page 12
SHEET 2 OF 5 SHEETS

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 38722
BEING A SUBDIVISION OF LOT 45 AND A PORTION OF LOT 46 OF TRACT MAP NO. 32233-1, ON FILE IN BOOK 381, AT PAGES 59 THROUGH 67 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. <OB MSA CONSULTING, INC. JANUARY - 2024

NOTARY'S ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF G~,UFQ~MIA- AP.IZOH}l )
COUNTY OF M>J{JCD~A:
ss
)
ON AP&Jl- )62) UAA ' BEFORE ME __.a ... or...__.b.,.a,..,.t'--"l),~A!----a,,_'L-+:/-1_,.,·t7</----------'A NOTARY PUBLIC, PERSONALLY APPEARED M"'+-.J.bew Wdwt.11 .

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.

IIJl.>%DNA
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE or -€J!<Ufe,~r41A THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

SIGNATURE OF NOTRYPUBLIC
(PRINT NAME)

NOTARY'S ACKNOWLEDGMENT

MY PRINCIPAL PLACE OF BUSINESS
1s Mvic-",«A- couNTY.
l,a.fo:?JJ1
NOTARY COMMISSION NO.
~:/~,a.ow, M COMMISSION EXPIRES
OFF.CW.SEAL

BARBARA MARTIN
NOTARY PUSUC • ARIZONA

MARICOPA COUNTY
COMM:#626317
My Comm. Expires April 5, 2026

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA )
ss
COUNTY OF -------~

ON BEFORE ME A NOTARY PUBLIC, -----------

PERSONALLY APPEARED -------------------------WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

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

WITNESS MY HAND.

MY PRINCIPAL PLACE OF BUSINESS
IS ________ COUNTY.

SIGNATURE OF NOTARY PUBLIC NOTARY COMMISSION NO.
(PRINT NAME) MY COMMISSION EXPIRES

NOTARY'S ACKNOWLEDGMENT

SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURE(S)

OF THE FOLLOWING OWNER(S) OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED, AS THEIR INTERESTS CANNOT RIPEN INTO FEE.

CITY OF PALM SPRINGS, HOLDERS ON BEHALF OF THE PUBLIC OF AN EASEMENT

FOR PUBLIC UTILITY AND SEWER PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS

AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL AND INCIDENTAL PURPOSES, AS SHOWN AND DEDICATED ON TRACT MAP NO. 32233-1, ON FILE IN BOOK 381, PAGES 59-67, INCLUSIVE, OF MAPS, O.R.

CITY OF PALM SPRINGS, HOLDERS OF AN EASEMENT FOR AIRCRAFT OPERATIONS, SOUND AIRSPACE, AVIGATION AND INCIDENTAL PURPOSES, PER INST. NO. 2005-0365654, REC. 5/9/05, O.R. (NOT PLOTTABLE, BLANKET IN NATURE)
FRONTIER COMMUNICATION, SUCCESSOR TO VERIZON CALIFORNIA INC., HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES, PER INST. NO. 2005-0650218, REC. 08/11/2005, O.R.

DESERT WATER AGENCY, HOLDER OF AN EASEMENT FOR WATER PIPELINES, ELECTRICAL AND COMMUNICATION CONDUITS, PER INST. NO. 2006-0098194, REC. 02/08/2006, O.R.

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, HOLDER OF AN

EASEMENT FOR CONSTRUCTION, USE REPAIR, RECONSTRUCTION, INSPECTION, OPERATION AND MAINTENANCE OF STORM DRAIN FACILITIES, PER INST. NO. 2008-0296721, REC. 06/02/2008, O.R.

EASEMENT NOTES
SEE SHEET 3
I
-'

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. ~ g:
>-g:
::,

STATE OF CALIFORNIA )
ss
COUNTY OF -------~
BEFORE ME ___________ A NOTARY PUBLIC,

PERSONALLY APPEARED -------------------------WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

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

WITNESS MY HAND.

MY PRINCIPAL PLACE OF BUSINESS
IS ________ COUNTY.

SIGNATURE OF NOTARY PUBLIC NOTARY COMMISSION NO.
(PRINT NAME) MY COMMISSION EXPIRES
CITY OF <(

PALM SPRINGS LU
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J.N. 1609
Item 1M - Page 13
SHEET 3 OF 5 SHEETS

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 38722
BEING A SUBDIVISION OF LOT 45 AND A PORTION OF LOT 46 OF TRACT MAP NO. 32233-1, ON FILE IN BOOK 381, AT PAGES 59 THROUGH 67 INCLUSIVE OF MAPS: RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. ~B MSA CONSULTING, INC. JANUARY - 2024
e®•
-
PARCEL 1
P.M.B. 183/35-37
o· 100' 200' 300' 400'
SFN
SCALE 1 "= 100' \
\

EASEMENT NOTES

1. AN EASEMENT FOR AIRCRAFT OPERATIONS, SOUND AIRSPACE, AVIGATION AND INCIDENTAL PURPOSES, PER INST. NO. 2005-0365654, RECORDED MAY 9, 2005, OFFICIAL RECORDS (NOT PLOTTABLE, BLANKET IN NATURE)
& 3' AND 5' EASEMENT IN FAVOR OF VERIZON CALIFORNIA, INC. FOR PUBLIC UTILITIES RECORDED AUGUST 11, 2005, AS INST. NO. 2005-0650218, OF OFFICIAL RECORDS. &_ 5' EASEMENT IN FAVOR OF DESERT WATER AGENCY FOR WATER AND SEWER PIPELINES, ALSO ELECTRICAL AND COMMUNICATION CONDUITS, RECORDED FEBRUARY 8, 2006, AS INST.

NO. 2006-0098194, OF OFFICIAL RECORDS.
& 20' LANDSCAPE, SIDEWALK AND PEDESTRIAN EASEMENT PER TRACT MAP NO. 32233-1, RECORDED MAY 23, 2005, IN BOOK 381, OF MAPS AT PAGES 59-67. ffi 20' STORM DRAIN EASEMENT IN FAVOR OF RIVERSIDE COUNTY FLOOD CONTROL AND

WATER CONSERVATION DISTRICT FOR CONSTRUCTION, USE REPAIR, RECONSTRUCTION,

INSPECTION, OPERATION AND MAINTENANCE OF STORM DRAIN FACILITIES RECORDED JUNE 2, 2008, AS INST. NO. 2008-0296721, OF OFFICIAL RECORDS.

MONUMENT NOTES
[Ij INDICATES FOUND 1" I.P. DOWN 0.8', OPEN, NO ID, IN LIEU OF 1 1/4" I.P.

W/TAG R.C.E. 25658, PER P.M.B. 183/35-37, AFFIXED TAG LS 8223. [I) INDICATES FOUND 1" I.P. W/TAG R.C.E. 25658, FLUSH, PER P.M.B. 183/35-37. \
LOT ,____-,
14 15 16
\
17 TRACT MAP 38722-1
M.B. 502/ J1.-li,
N 16"03'43" W
(R)
N 20•21 •20• W
(R)
18 19 20
N 89"38 22 W 433.24
PARCEL 2
P.M.B. 183/35-37
/
LOT
41 _!,.OT __"G•
N 89"38 22

SURVEYOR'S NOTES

THE BASIS OF BEARING FOR THIS MAP IS THE CENTERLINE OF GRANDVIEW STREET, AS SHOWN ON TRACT MAP NO. 32233-1, PER P.M.B. 381/59-67, TAKEN AS N 4T08'41" W

INDICATES FOUND MONUMENT AS NOTED
•
0 INDICATES SET 1" I.P. "PLS 8223", FLUSH UNLESS NOTED OTHERWISE INDICATES FOUND 1-1/4" BRASS DISK STAMPED R.C.E. 26401, FLUSH, PER M.B. 381 /59-67, UNLESS NOTED OTHERWISE.

INDICATES SET 1-1/4" BRASS DISK STAMPED "PLS 8223", FLUSH IN A.C. ■
(-)
SFN
. PAVEMENT.

INDICATES FOUND 1" I.P. PLS 8223, PER TRACT MAP 38722-1, PER M.B. ..5{12._J_L~JJ;,__.

INDICATES RECORD DATA PER TRACT MAP NO. 32233-1, PER M.B. 381/59-67, AND MEASURED.

INDICATES RESTRICTED ACCESS

INDICATES SEARCHED FOUND NOTHING

SET NAIL AND TAG IN TOP OF CURB ON THE PROLONGATION OF ALL SIDE LOT LINES, STAMPED "P.L.S. 8223", IN LIEU OF THE FRONT LOT CORNERS.

SET 1" I.P. WITH PLASTIC PLUG STAMPED "P.L.S. 8223", SET NAIL AND TAG IN CONC. FOOTING STAMPED "P.L.S. 8223" OR NAIL AND TAG IN FENCING MATERIAL, TAGGED "P.L.S. 8223", AS APPROPRIATE, AT REAR LOT CORNERS AND ANGLE POINTS, UNLESS OTHERWISE NOTED.

TOTAL GROSS AREA = 6. 767 ACRES
NUMBERED LOTS = 42 LOTS
LETTERED PRIVATE STREET LOTS = 6 LOTS
LETTERED OPEN SPACE LOTS = 3 LOTS

LINE DATA
NO. BEARING LENGTH
L1 N 28"01'36" W 79.14'
L2 N 16"03'43" W 52.21'
L3 N 16"11'23" W 101.58'
L4 N 37°49'35" E 39.80'
L5 N 38"02'15" W 17.11'
L6 N 89°38'22• W 13.05'
L7 N 00"21'38" E 45.00'
L8 N 89"38'22" W 111.90'
L9 N 45"46'02" E 1.13'

CURVE DATA
NO. DELTA RADIUS LENGTH
C1 04"17'37" 125.00' 9.37'
C2 00•07•40• 619.00' 1.38'
C3 02•54'43" 260.00' 13.21'
(J) INDICATES SHEET NUMBER
J.N. 1609
Item 1M - Page 14
SFN \

NOT TO SCALE
SFN
\
\
\
\
\
\
\
20·
4 EASEMENT DETAIL

NOT TO SCALE
\

SEE SHEET S FOR EASEMENT NOTES
\

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 38722
BEING A SUBDIVISION OF LOT 45 AND A PORTION OF LOT 46 OF TRACT MAP NO. 32233-1, ON FILE IN BOOK 381, AT PAGES 59 THROUGH 67 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. ~B MSA CONSULTING, INC. JANUARY - 2024

CURVE DATA
\
\
\
\
\
p
-~
<.r
<f> p •AS
-~ 4 •
<.r
<f>
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57.08'
N 90"00'00" E
26 7,327 S.F.
28 N 1s•o3•43• w
R
N 16"03'43" W
(R)
N 20•21 •20• W
R
29 31
32 8 110.88' •
,,,-----:cN,...a"'s=·3~a::i'·2:;;2"'·"wc::----1~,------- 25 6,126 S.F.
0 w 0
,ri IX)
.... "'
33 110.02' N
.,,------,Nc:--:8:-:::9:':.3,":::8:i::'2"'2,,." -:-Wc-----fg------~ 11 ~ 24 oz
BS ,o ~ 34
i.Cl 5,311 S.F. ,...
u.:
ui
14 v
"' 0
<D
z

91.37' L4
17 w
u.: 'ro ui 0 "' N "' -. -"
0 N
0 m b ..,= 0
z
35 C2
- N 89"38'22" W 111.90'
TRACT
M.B .

N 75"05'36" E
(R)
21 DETAIL "A"

NOT TO SCALE
MAP 38722-1

5.0l./.11-~
-34.46'- -45.00'- - --45.00'- - 45.00'- -45.00' - --45.00'- - - - - -95.05'- - - SFN
N 89"38 22 W 433.24
PARCEL 2
P.M.B. 183/35-37
NO. DELTA RADIUS LENGTH
C1 04"17'37" 125.00' 9.37'
C2 00·07'40• 619.00' 1.38'
C3 11"57'53" 162.00' 33.83'
C4 11•57'53" 162.00' 33.83'
C5 11·57'53• 143.50' 29.97'
C6 11·57'53• 125.00' 26.1 o·
C7 07"40'16" 125.00' 16.74'
CB 15"51'38" 147.00' 40.69'
C9 11•05•35• 147.00' 28.46'
C10 90•00·00· 24.50' 38.48'
C11 90•00·00· 24.50' 38.48'
C12 13"20'59" 110.00· 25.63'
C13 14"06'38" 110.00' 27.09'
C14 90"55'37" 24.50' 38.88'
C15 81"57'59" 24.50' 35.05'
C16 06"36'01" 463.00' 53.34'
C17 107"29'57" 24.50' 45.97'
C18 02·21'35• 619.00' 25.49'
C19 02·13•55• 619.00' 24.11'
C20 05·02•04• 582.00' 51.14'
C21 05·15•49• 582.00' 53.47'
C22 05•15'50• 582.00' 53.47'
C23 04•32•13• 611.00' 48.38'
C24 08"20'34" 611.00' 88.97'
C25 53·54'31 • 24.50' 27.33'
C26 05·15'49• 490.00' 45.01'
C27 05"15'49" 490.00' 45.01'
C28 05"15'50" 490.00' 45.02'
C29 06"42'32" 490.00' 57.38'
C31 07"16'14" 596.50' 75.69"
C32 08"05'20" 600.50' 84.78'
C33 07"15'08" 481.50' 60.95'
C34 03"36'56" 518.50' 32.72'
C35 03"39'54" 514.50' 32.91'
C36 07"15'08" 500.00' 63.29'
C37 03"15'07" 500.00' 28.38'
C38 04•00'01" 500.00' 34.91'
C39 01"55'57" 500.00' 16.86'
C40 05"09'51" 500.00' 45.07'
C41 00·09'20· 500.00' 1.36'
C42 07"15'08" 500.00' 63.29'
C43 26"57'14" 147.00' 69.15'
C44 27"27'37" 110.00' 52.72'
\
C45 03"48'21" 611.00' 40.59'
C46 28"23'14• 128.50' 63.67'
C47 15•33'43• 582.00' 158.07'
\ C48 00"27'26" 490.00' 3.91'
a®a
-
a· 50' 100'
SCALE 1 "=50'
SHEET 4 OF 5 SHEETS

LINE DATA
NO. BEARING LENGTH
L1 N 16"03' 43" W 52.21'
L2 N 37"49'35" E 39.80'
L3 N 3a•o2· 15• w 17.11'
L4 N 89"38'22" W 13.05'
L5 N 16"03' 43" W 15.21'
L6 N 38·02•15• w 30.99'
L7 N 61"58'24" E 39.23'
LB N 61"58'24" E 18.59'
L9 N 61"58'24" E 13.60'
L10 N 28"01'36" W 0.60'
L11 N 89"38'22" W 4.35'
L12 N 89"38'22" W 10.12'
L13 N 00"21 '38" E 38.67'
L14 N 00"21 '38" E 4.01'
L15 N 89"38'22" W 10.12'
L16 N 00"21 '38" E 29.00'
L17 N 89"38'22" W 55.05'
L18 N 89"38'22" W 44.92'
L19 N 28"01'36" W 29.00'
L20 N 61"58'24" E 64.50'
L21 N 28"01 '36" W 4.00'
L22 N 61"58'24" E 21.50'
L23 N 74"10'25" E 37.85'
l24 N 87"25'21" E 37.02'
L25 N 48"54'58" W 56.71'
L26 N 61"58'24" E 24.46'
L27 N 28"01 '36" W 36.90'
L28 N 61"58'24" E 2.16'
L29 N 28"01 '36" W 20.11'
L30 N 61"58'24" E 2.07'
L31 N 28·01 '35" w 50.78'
L32 N 61"58'24" E 2.05'
L33 N 28"01 '36" W 11.71'
L34 N 28"01 '36" W 8.13'
L35 N 28"01 '36" W 19.84'
L36 N 61"58'24" E 2.06'
L37 N 28"01 '36" W 51.87'
L38 N 61"58'24" E 2.02'
L39 N 28·01 '3s" w 18.47'
L40 N 28"01 '36" W 3.00'
L41 N 28"01 '36" W 15.46'
L42 N 61"58'24" E 2.08'
L43 N 28"01 '36" W 29.54'
L44 N 28"01'36" W 22.20'
L45 N 28"01'36" W 51.74'
L46 N 61"58'24" E 2.08'
L47 N 28"01 '36" W 19.94'
L48 N 61"58'24" E 2.01'
L49 N 28"01'36" W 2.86"
L50 N 28"01 '36" W 45.00'
L51 N 28"01'36" W 3.14'
L52 N 61"58'24" E 2.08'
L53 N 28"01 '36" W 19.90'
L54 N 61"58'24" E 2.16'
L55 N 2s·o1 '3s" w 21.96'
L56 N 28"01 '36" W 29.27'
L57 N 61"58'24" E 2.06'
L58 N 28"01 '36" W 51.23'
L59 N 28'01'36" W 19.97'
L60 N 28'01 '36" W 10.47'
L61 N 28"01 '36" W 9.50'
L62 N 61"58'24" E 2.05'
L63 N 28"01'36" W 51.91'
L64 N 61"58'24" E 1.99'
L65 N 28"01 '36" W 19.96'
L66 N 61"58'24" E 1.91'
L67 N 28"01'36" W 31.66'
L68 N 89"38'22" W 27.71'
L69 N 61"58'24" E 8.66'
L70 N Od"21 '38" E 34.66'
150'
J.N. 1 609
Item 1M - Page 15
35 1/
o· 50'
DETAIL •A•

NOT TO SCALE
-®-
-
100·

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 38722
BEING A SUBDIVISION OF LOT 45 AND A PORTION OF LOT 46 OF TRACT MAP NO. 32233-1, ON FILE IN BOOK 381, AT PAGES 59 THROUGH 67 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, LOCATED IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.

N 53"43'26" W
R)
150' 200'
~B MSA CONSULTING, INC. JANUARY - 2024
34 35
8,928 S.F.
. '<
\
36 8,701 S.F.
37 5,400 S.F.
4,940 S.F.
40 9,320 S.F.
41 9,288 S.F.
193.12'
t,;
N 89"38'22" W 273.09'
_!-OT _"_G' __ i_OPEt-J__ SPACE]_ _ _Q. 0~ AC. __
20·
5 N 89"38 22 W 296.42
3'
2 NO.

C1
C2
C3
C4
C5
C6
C7
CB

CURVE DATA

DELTA RADIUS
10·10•05• 490.00'
02•54•43• 260.00'
20"15'22" 35.00'
oro2·00· 24.50'
07"02'01 • 24.50'
06"34'45" 24.50'
06"34'45" 24.50'
33"07'31" 490.00'
"
/
c( N 45"46'0i" E
'<° (R)
L16
SCALE 1 "=50'
SEE SHEET 3 FOR EASEMENT NOTES
SHEET 5 OF 5 SHEETS

LINE DATA
LENGTH NO. BEARING LENGTH

86.96' L1 N 42'51 '19" E 57.19'

13.21' L2 N 47"08'41" W 37.00'

12.37' L3 N 42"51'19" E 57.19'

3.01' L4 N 42"51 '19" E 100.00'

3.01' L5 N 42"51 '19" E 145.00'

2.81' L6 N 47"08'41" W 37.00'

2.81' L7 N 42"51'19" E 102.00'
283.29' LB N 42"51'19" E 102.00'
L9 N 42"51'19" E 50.00'
L10 N 42"51'19" E 52.00'
L11 N 89"38'22" W 13.04'
L12 N 42"51'19" E 80.46'
L13 N 42"51'19" E 130.46'
L14 N 42"51'19" E 52.00'
L15 N 28"01 '36" W 22.73'
L16 N 45"46'02" E 1.13'
L17 N 47"08'41" W 18.06'
L18 N 47"08'41" W 37.37'
L19 N 47"08'41" W 37.32'
\
J.N. 1 609

Attachment D
Item 1M - Page 16
Item 1M - Page 17
RECORDING REQUESTED BY:

CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:

City of Palm Springs
P. 0. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk

SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 61.03

SUBDIVISION IMPROVEMENT AGREEMENT

TOLL WEST COAST LLC,
A Delaware Limited Liability Company
and
The City of Palm Springs, California

THIS AREA FOR

RECORDER'S

USE ONLY
Item 1M - Page 18

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
Item 1M - Page 19

TABLE OF CONTENTS

1. Construction Obligations .......................................................................... , ............ 1

1.1 Works of fmprovement ............................................................................... 1

1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval ............. •·•·•·•·•--··· .................................................. 2

1.3 Intent of Plans ............................................................................................ 2

1.4 Survey Monuments .................................................................................... 2

1.5 Performance of Work ................................................................................. 2

1.6 Changes in the Work ................................................................................. 2 1 . 7 Defective Work .......................................................................................... 3

1.8 No Warranty by City ................................................................................... 3

1.9 Authority of the City Engineer .................................................................... 3

1.10 Documents Available at the Site ................................................................ 3 1 .11 fnspection ........................................... ,. ... , .................................................... 3 1 .12 Compliance with Law ................................................................................. 4

1.13 Suspension of Work ................................................................................... 4

1.14 Final Acceptance of Works of Improvement······•·····•·•·•••·•·•·•·•·•·•·• .. ·•···•·•·•· 4

2.1 Commencement and Completion Dates .................................................... 4

2.2 Phasing Requirements ............................................................................... 5

2.3 Force Majeure ............................................................................................ 5

2.4 Continuous Work ... •·•·•·•·• .... •·•·•·•·• .............................................................. 5

2.5 Reversion to Acreage ................................................................................ 5

2.6 Time of the Essence .................................................................................. 6

3. Labor .................................................................................................................... 6

3. 1 Labor Standards ........................................................................................ 6

3.2 Nondiscrimination ...................................................................................... 6

3.3 Licensed Contractors ................................................................................. 6

3.4 Workers
4 Compensation ............................................................................. 6

4. Security ................................................................................................................ 6

4.1 Required Security ...................................................................................... 6

4.2 Form of Security Instruments .................................................................... , 7

4.3 Subdivider
1 s Liability .................................................................................. 8

4.4 Letters of Credit ......................................................................................... 8 4 .5 Release of Security Instruments ................................................................ 9 Item 1M - Page 20

5. Cost of Construction and Provision of Inspection
Sewice -+,+-+-....... -•-•-•· ••••••• ~ ••••••••••• ~· ......... ~-...................................................... _ ...................... _. 9

5.1 Subdivider Responsible for AJI Related Costs of
Construction ............................................................................................... 9

5.2 Payment to City for Cost of Related Inspection
and Engineering Se,vices ........................................................................ 10

6. Acceptance of Offers of Dedication .................................................................... 10

7. Warranty of Work ................. ,. .............................................................................. 1 0

8.1 Rem,edies Not Exclusive .......................................................................... 10

8.2 City Right to Perform Work ...................................................................... 10

8.3 Attorney's Fees and Costs ........................................... n .. ••········· ............. 11

9. lndemn,ty ............................................................................................................ 11 10 General Provisions ............................................................................................. 11

10.1 Successors and Assigns .......................................................................... 11

10.2 No Third Party Beneficiaries .................................................................... 11

10.3 Entire Agreement; Waivers aJld Amendments ......................................... 11

11. Corporate Authority ............................................................................................ 11 2 Item 1M - Page 21

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this _____ day of ________ , 20_, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and TOLL WEST COAST LLC, a Delaware Limited Liability Company (Subdivider").

RECITALS
A. RLS (ESCENA) LLC, a Delaware Limited Liability Company ("Owner"), is the owner of, and has obtained approval of a subdivision map for Tract Map No. 38722 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".

B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs: Easements for public utility and sanitary purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over lots "A" through "F", inclusive, shown as "Private Street"(s), and; Abutters rights of access along Grandview Street, and; The easements shown as "10' PUE", for public utility and sanitary purposes along and adjacent to lots "A" through "F", inclusive, shown as "Private Street"(s).

C. The California Subdivision Map Act permits parties other than the Owner of the Property to enter into a subdivision improvement agreement with the City for the purposes set forth herein, provided the other party is acting on the Owner's behalf in developing the lots on the Property.

D. By separate written agreement, Owner has delegated the development of the lots on the Property to TOLL WEST COAST LLC, which is identified as the "Subdivider" in this Agreement, and consents to Subdivider's entry into this Agreement.

E. On behalf of the Owner, Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

F. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and Owner's offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed.

Item 1M - Page 22

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"). as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $1,080,000.00.

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto.

1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the 2 Item 1M - Page 23
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s).

1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.

1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer.

1. 7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.

1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.

1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every 3 Item 1M - Page 24
reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations.

1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary.

1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered.
4 Item 1M - Page 25
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

2. Time for Performance.

2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty {30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two {2) years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon demonstration of good cause, subject to review and approval by the City Council.

2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both.

Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction.

2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final.

2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 5 Item 1M - Page 26

2.5 Reversion to Acreage. ln addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.

2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement,

3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor.

3.2 Nondiscrimination. In connection with its performance under this Agreement, Subdivider 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"). Subdivider 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, Subdivider certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Subdivider 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 Subdivider 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. This provision shall also apply to any contractors or subcontractors engaged in construction of the Works of Improvement.
6 Item 1M - Page 27

3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed.

3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $1,080,000.00 equal to 100% of the estimated construction cost referenced in Section

1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $540,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $12,600.00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $162,000.00 equal to 15% of the estimated 7 Item 1M - Page 28
construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1 (b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 8 Item 1M - Page 29

4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.

Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
9 Item 1M - Page 30
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work.

5. Cost of Construction and Provision of Inspection Service.

5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works.

5.2 Payment to City for Cost of Related Inspection and Engineering Services.

Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if 10 Item 1M - Page 31
any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City.

8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
11 Item 1M - Page 32

9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, in.eluding without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct.

10. General Provisions.

10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof.

10.2 No Additional Beneficiaries. This Agreement is intended to benefit only the parties hereto, the Owner and their respective successors and assigns. Besides the Owner, neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound.
(Signatures on Next Page)
12 Item 1M - Page 33
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written.

ATTEST:

CALIFORNIA
By ____________ _
Brenda Pree, City Clerk
City of Palm Springs
APPROVED AS TO FORM:

Jeff Ballinger, City Attorney
City of Palm Springs
SUBDIVIDER:

CITY OF PALM SPRINGS,
Scott C. Stiles, City Manager
City of Palm Springs
TOLL WEST COAST LLC, a Delaware Limited Liability ComQan~ Check one: _Individual _Partnership ~Corporation*_Company *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. <'
By: 4f""!
Signature (notarized) Signature (notarized)
Name:/4✓ $~4,f(...L Name:_~~-c.,._..,,_tr __ ., __ Ar_lff_~•-- Title: //t/4' /,fcU,(l&y/' /AMl~itle: 0,.;,J, ,~ ~,r.,,...,,,:r (For Corporations, this document must
be signed in the above space by one of
the following: Chairman of the Board,
President or any Vice President)
For Corporations, this document must be
signed in the above space by one of the
following: Secretary, Chief Financial
Officer or any Assistant Treasurer)
13 Item 1M - Page 34

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange )
On April 22, 2025 before me, Heidi Ferguson, Notary Public (insert name and title of the officer)
personally appeared Kris Campbell ------------------------- who proved to me on the basis of satisfactory evidence to be the person..'9rwhose name(s.ris/ar-& subscribed to the within instrument and acknowledged to me that he/sh'iUh~y executed the same in his/~ir authorized capacitytie&), and that by his/~ir signatur~n the instrument the perso~ or the entity upon behalf of which the perso~cted, executed the instrument.

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

WITNESS my hand and official seal.

Signal (Seal)
Item 1M - Page 35

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange
On April 22, 2025 before me. Heidi Ferguson, Notary Public (insert name and title of the officer)
personally appeared Bradley Hare------------------------- who proved to me on the basis of satisfactory evidence to be the perso~whose nam~is~ subscribed to the within instrument and acknowledged to me that he.lihe.41:ley executed the same in his/herltl ,en c1uthorized capacity~nd that by his/l:t0FAheir signatur~on the instrument the persorWior the entity upon behalf of which the person"91'acted, executed the instrument.

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

WITNESS y hand and official seal.
(Seal)
~············1 • HEIDI FERGUSON
: -~ Notary Public• Californl: a
f " Ora111e County !:
., Commission II 2473502
• My Comm. Expires Dec 20, 2027
Item 1M - Page 36
Mailing Address:
(_)_-_
(_) _-_ (fax)
14 Item 1M - Page 37
AL~PURPOSEACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of SIGNER
On before me, .

Date Name, Title of Officer G INDIVIDUAL(S)
personally appeared I GCORPORATE

NAME(S) OF SIGNER(S) OFFICER(S)
G personally known to me -OR -TITLE(S)
G proved to me on the basis of satisfactory evidence to be the GPARTNER(S) persons(s) whose name(s) is/are subscribed to the within GATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed G TRUSTEE(S) the same in his/her/their authorized capacity(ies), and that by GSUBSCRIBING WITNESS his/her/their signature(s) on the instrument the person(s) or the GGUAROJAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the GOTHER instrument.

Witness my hand and official seal.

SIGNER IS REPRESENTING:

Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above
15 Item 1M - Page 38
EXHIBIT"A"
TRACT MAP 38722 LEGAL DESCRIPTION
Tract Map No. 38722, as recorded in Map Book __ , Pages __ through __ inclusive, records of Riverside County, California.
16 Item 1M - Page 39
EXHIBIT "B"
TENTATIVE TRACT MAP 38722 CONDITIONS OF APPROVAL
17 Item 1M - Page 40
RESOLUTION NO. __ _

EXHIBIT A
TENTATIVE TRACT MAP 38722 FOR A 83~LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION PLANNING AREA 7A WITHIN THE ESCENA DEVELOPMENT.

November 8, 2023

CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.

Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.

ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case TTM 38722; except as modified with the approved Mitigation Monitoring Program and the conditions below;
ADM 2. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes. ordinances, resolutions and laws that may apply.

ADM 3. Tentative Map. This approval is for Tentative Tract Map 38722 located within the Escena development date stamped 09/14/23. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions.

ADM 4. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Parcel Map 38722. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs.

Notwithstanding the foregoing, the City retains the right to settle or abandon Item 1M - Page 41
Tentative Tract Map 38722
Final Conditions of Approval