CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
OCTOBER 22, 2025
3:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Ron deHarte, Mayor
Naomi Soto, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
David Ready, Councilmember
Scott Stiles, City Manager
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
3:00 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
October 22, 2025 City Council Regular Meeting Agenda 2
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. VILLAGEFEST BOARD UPDATE
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of September 25, 2025.
October 22, 2025 City Council Regular Meeting Agenda 3
B. ACCEPTANCE OF RESIGNATIONS FROM VARIOUS BOARDS AND
COMMISSIONS
RECOMMENDATION:
Accept the resignation of Stasik Winderbaum, from the Administrative Appeals Board, effective immediately.
1. Accept the resignation of Janice Shon, from the Measure “J” Commission, effective immediately.
2. C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2025
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2025.
D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 09-13-25 and 09-27-25 TOTALING $5,835,444.93 AND ACCOUNTS PAYABLE WARRANTS DATED 09-11-25 and 09-25-25 TOTALING $23,080,721.06 IN THE AGGREGATE AMOUNT OF $28,916,165.99 DRAWN ON BANK OF AMERICA.”
E. APPROVE AN AGREEMENT WITH THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) FOR FUNDING UNDER SENATE BILL (SB) 821, BICYCLE
AND PEDESTRIAN FACILITIES PROGRAM, FOR THE RACQUET CLUB ROAD RECONFIGURATION, CITY PROJECT 22-21B
RECOMMENDATION:
Approve Agreement (RCTC Agreement No. 25-62-135-00), 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 Racquet Club Road Reconfiguration, City Project 22-21B; and
1. 2. Authorize the City Manager to execute all necessary documents.
October 22, 2025 City Council Regular Meeting Agenda 4
F. APPROVAL OF RESOLUTION TO ACCEPT PETITION CERTIFICATION OF OLD LAS PALMAS UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 1, INITIATE
FORMATION OF THE DISTRICT AND PROCEED WITH ASSESSMENT
ENGINEER’S REPORT AND BALLOTING
RECOMMENDATION:
Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding); and
1. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING PETITION OF OLD LAS PALMAS ASSESSMENT DISTRICT NO. 1"; and
2. Authorize staff to collect deposits from the Old Las Palmas Neighborhood in an amount sufficient to order the necessary Assessment Engineering Services from our on-call Assessment Engineer to prepare the Engineer’s Report in compliance with Proposition 218.
3. 4. Authorize the City Manager to execute all necessary documents.
G. AWARD OF A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN THE AMOUNT OF $954,970; APPROVAL OF A PROFESSIONAL
SERVICES AGREEMENT WITH Z&K CONSULTANTS FOR CONSTRUCTION
MANAGEMENT SERVICES, INSPECTION AND MATERIALS TESTING SERVICES IN THE AMOUNT OF $324,989.10; AND APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. A8620, WITH KIMLEY-HORN AND ASSOCIATES, INC., A NORTH CAROLINA CORPORATION, FOR ADDITIONAL SERVICES IN THE AMOUNT OF $76,789.31 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL MODIFICATIONS, FEDERAL-AID PROJECT NO. HSIPLN-5282(049), CITY PROJECT NO. 18-05 RECOMMENDATION:
Award a construction contract to Elecnor Belco Electric, Inc., a California corporation, in the amount of $954,970 for the Highway Safety Improvement Program (Cycle 9), Federal Aid Project No. HSIPLN-5282(049), City Project No. 18-05;
1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $143,245 with all change orders reported to the City Council;
2. Approve a Professional Services Agreement with Z&K Consultants, a California corporation, in the amount of $324,989.10 for construction management, inspection and materials testing services;
3. Approve Amendment No. 2, in the amount of $76,789.31, to the Professional Services Agreement No. A8620, for a new not to exceed amount of $343,210.31 with Kimley Horn and Associates, Inc.; and,
4. 5. Authorize the City Manager or his designee to execute all necessary documents.
H. INITIATE FORMATION PROCEEDINGS FOR COMMUNITY FACILITIES DISTRICT October 22, 2025 City Council Regular Meeting Agenda 5
H. INITIATE FORMATION PROCEEDINGS FOR COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)
RECOMMENDATION:
Adopt Resolutions:
Approving the proposed boundaries of proposed Community Facilities District No. 2025-1 (Serena Park), declaring the intention of the City Council to authorize the formation of the proposed CFD No. 2025-1, levy a special tax, and set a time and place for the public hearing; and
A.
B. Declaring necessity to incur bonded indebtedness
I. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICE AGREEMENT NO. 25B056 WITH R&R B INC., DBA SERVPRO OF PALM SPRINGS, AND AMENDMENT NO. 1 TO AGREEMENT NO. 25B057 WITH DESERT VALLEY RESTORATION, INC. FOR ON-CALL GENERAL EMERGENCY RESTORATION
AND REMEDIATION SERVICES
RECOMMENDATION:
Approve Amendment No. 1 to Agreement No. 25B056 with R&R B, Inc., dba Servpro of Palm Springs, to provide on-call general emergency restoration and remediation services for the Public Works department for an additional amount of $375,000 and for a total revised contract amount not to exceed $975,000 through March 16, 2028, with two one-year extension options at the City’s sole discretion; and
1. Approve Amendment No. 1 to Agreement No. 25B057 with Desert Valley Restoration, Inc., to provide on-call general emergency restoration and remediation services for the Public Works department for an additional amount of $250,000 and for a revised contract amount not to exceed $650,000 through March 16, 2028, with two one-year extension options at the City’s sole discretion; and
2. 3. Authorize the City Manager or designee to execute all necessary documents.
J. APPROVE AMENDMENT NO. 5 TO CONTRACT SERVICE AGREEMENT NO.
A9232 WITH VERDE JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES RECOMMENDATION:
Approve Amendment No. 5 to Agreement No. A9232 with Verde Facilities Services LLC for an additional amount of $970,483, for a revised contract amount not to exceed $3,491,536 for janitorial services for various City facilities.
1. 2. Authorize the City Manager or Designee to execute all necessary documents.
October 22, 2025 City Council Regular Meeting Agenda 6
K. A REQUEST BY THE OWNERS OF TWO HISTORIC PROPERTIES FOR
APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENTS, INCLUDING ONE UNIT WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HSPB #154 / HD-11) AT 1111 EAST PALM CANYON DRIVE, AND ONE UNIT WITHIN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (HSPB #73 / HD-2) AT 267 TWIN PALMS DRIVE
RECOMMENDATION:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:
A. 1111 E. Palm Canyon, Unit 309 (Ocotillo Lodge), APN: 511-035-054 B. 267 Twin Palms Drive (Royal Hawaiian Estates), APN: 511-070-018.
2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
L. A REQUEST BY HTOI, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR
NECESSITY (PCN) TO SELL BEER AND WINE FOR OFF-SITE CONSUMPTION (TYPE 20 – OFF-SALE BEER & WINE) AT A NEW GROCERY STORE, PALM ASIA, WHICH WILL BE LOCATED AT 127 EAST AMADO ROAD (APN: 513-091-017), ZONE CBD, SECTION 15 (CASE PCN-2025-0002)
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER & WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AT A NEW GROCERY STORE, PALM ASIA, WHICH WILL BE LOCATED AT 127 EAST AMADO ROAD WITHIN CENSUS TRACT NO. 446.06.”
M. APPROVAL OF A FIRST AMENDMENT TO AGREEMENT NO. A9272 WITH GREATER PALM SPRINGS PRIDE, INC. AND SPONSORSHIP RELATED TO THE
ANNUAL PALM SPRINGS PRIDE FESTIVAL, PARADE AND BLOCK PARTY RECOMMENDATION:
Approve First Amendment to Agreement No. A9272 with Greater Palm Springs Pride, Inc., subject to final City Manager and City Attorney approval, increasing the City’s sponsorship funding to $350,000 annually for the remainder of the contract term, and reaffirming the City’s status as Presenting Sponsor.
1. 2. Authorize the City Manager to execute all necessary documents.
October 22, 2025 City Council Regular Meeting Agenda 7
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. PUBLIC HEARINGS:
A. AN APPLICATION BY SUNRISE LANAI COMMUNITY ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF THE “DESERT LANAI I” LOCATED AT 1701-1749 EAST TACHEVAH DRIVE, HSPB #164 / HD-12
RECOMMENDATION:
1. Open the Public Hearing and receive public testimony.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE “DESERT LANAI I” LOCATED AT 1701-1749 EAST TACHEVAH DRIVE, AS A HISTORIC DISTRICT (HSPB #164 / HD-12), SUBJECT TO CONDITIONS (APN 507-310-001 to 007, 507-310-0031 to 0038, 507-310-0040 to 0047).”
2. B. AN APPLICATION BY Z-LIST REVOCABLE TRUST 5/28/2015 FOR HISTORIC SITE DESIGNATION OF “THE ROBINSON RESIDENCE” LOCATED AT 999 NORTH PATENCIO ROAD (APN 505-251-005), CASE HSPB #169 (SY) RECOMMENDATION:
1. Open the public hearing and receive public testimony.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE ROBINSON RESIDENCE LOCATED AT 999 NORTH PATENCIO ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE, HSPB #169, SUBJECT TO CONDITIONS (APN 505-251-005)."
2. October 22, 2025 City Council Regular Meeting Agenda 8 C. RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS FOR THE ACQUISITION BY EMINENT DOMAIN OF A TEMPORARY
CONSTRUCTION EASEMENT INTEREST IN A PORTION OF CERTAIN REAL
PROPERTY LOCATED IN CATHEDRAL CITY, RIVERSIDE COUNTY, CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO.
678-210-041 FOR THE RAMON ROAD BRIDGE WIDENING PROJECT, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (40) RECOMMENDATION:
Conduct a public hearing to consider the adoption of a resolution of necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity;
1. Make the following findings as hereinafter described in this report:
a. The public interest and necessity require the proposed Project; The Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; b.
c. The real property to be acquired is necessary for the Project; and d. The offer of just compensation has been made to the property owner.
2. Adopt a Resolution entitled, “A RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS FOR THE ACQUISITION BY
EMINENT DOMAIN OF A TEMPORARY CONSTRUCTION EASEMENT
INTEREST IN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN
CATHEDRAL CITY, RIVERSIDE COUNTY, CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 678-210-041 FOR THE RAMON ROAD BRIDGE WIDENING PROJECT”.
3. 3. BUSINESS & LEGISLATIVE:
A. INTRODUCTION OF AN ORDINANCE REGARDING THE ANNUAL CAP ON THE
NUMBER OF VACATION RENTALS THAT CAN OCCUR ON RESIDENTIAL
PROPERTY WITHIN THE CITY OF PALM SPRINGS, DISCUSSION AND POSSIBLE DIRECTION REGARDING OTHER ASPECTS OF THE CITY’S VACATION RENTAL
ORDINANCE
RECOMMENDATION:
Waive the reading of text in its entirety, read by title only, and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.25.070(b) AND 5.25.030 OF THE CITY’S VACATION RENTAL ORDINANCE, REGARDING THE
ANNUAL CAP ON THE NUMBER OF VACATION RENTALS THAT CAN
OCCUR ON RESIDENTIAL PROPERTY WITHIN THE CITY OF PALM
SPRINGS”; and
1. Consider the recommendations of the AAB and VRON, and provide direction to City staff accordingly.
2. B. AWARD EXCLUSIVE NEGOTIATION AGREEMENT WITH WEST HOLLYWOOD October 22, 2025 City Council Regular Meeting Agenda 9
B. AWARD EXCLUSIVE NEGOTIATION AGREEMENT WITH WEST HOLLYWOOD
COMMUNITY HOUSING CORPORATION FOR DISPOSITION OF REAL
PROPERTY AND DEVELOPMENT OF AFFORDABLE AND SPECIAL NEEDS
HOUSING
RECOMMENDATION:
Award Exclusive Negotiation Agreement to West Hollywood Community Housing Corporation, a California corporation, to provide for the sale of real property for development of 203 affordable housing units.
1. 2. Authorize the City Manager or designee to execute all necessary documents.
C. APPROVE COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE
DEPARTMENT OF HOUSING AND WORKFORCE SOLUTIONS (HWS) FOR
IMPLEMENTATION OF THE PALM SPRINGS FIRST TIME HOMEBUYER DOWN
PAYMENT ASSISTANCE PROGRAM
RECOMMENDATION:
Approve a Cooperative Agreement with the County of Riverside Department of Housing and Workforce Solutions for implementation of the Palm Springs First Time Homebuyer Down Payment Assistance Program.
1. Authorize the City Manager or their designee to execute all necessary documents.
2. D. REGULATION OF VEHICLES PARKED FOR SALE ON CITY STREETS RECOMMENDATION:
That the City Council receive and file this report and provide direction to staff and City Attorney regarding potential regulation of vehicles parked for sale on City rights-of-way.
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
October 22, 2025 City Council Regular Meeting Agenda 10
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on October 16, 2025, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree, MMC, CERA
City Clerk
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
October 22, 2025 City Council Regular Meeting Agenda 11 City of Palm Springs DRAFT MINUTES Page 1
Thursday, September 25, 2025
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Thursday, September 25, 2025, at 5:34 p.m.
PLEDGE OF ALLEGIANCE:
Mayor deHarte led the City Council in the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Jeffrey Bernstein, Grace Elena Garner, and David Ready; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.
Absent: None.
City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Melissa Cain, Police Captain; and Brenda Pree, City Clerk, were present at Roll Call.
Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS:
A. HUNGER ACTION MONTH PRESENTATION FROM FIND FOOD BANK Debbie Espinoza provided a presentation on Hunger Action Month.
B. FIRE STATION 1 UPDATE (PALM SPRINGS FIRE DEPARTMENT) A presentation was not provided.
PROCLAMATIONS: None.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar Item Nos. 1J, 1M, 1O, and 1Z for separate discussion; with Mayor deHarte abstaining from Consent Calendar Item Nos. 1C and 1D; Item 1A - Page 1
City Council Minutes September 25, 2025
City of Palm Springs DRAFT MINUTES Page 2
Councilmember Bernstein abstaining from Consent Calendar Item No. 1E; Councilmember Garner recusing from Consent Calendar Item No. 1D; and, tabling Consent Calendar Item No. 1P.
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of September 25, 2025, was called to order by Mayor deHarte at 3:30 p.m.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there were two (2) matters.
CONFERENCE WITH LEGAL COUNSEL—PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8:
Property:
City Negotiators:
Negotiating parties:
Under negotiation:
125 E. Tahquitz Canyon Way, Palm Springs
Scott Stiles, City Manager; and Jeff Ballinger, City Attorney Michael Braun, Grit Development
Price and Terms
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Under existing facts and circumstances, there was one (1) matter.
Mayor Pro Tem Soto and Councilmember Bernstein recused from the Palm Springs Promenade closed session item.
PUBLIC TESTIMONY:
Collen Pace, Gary Forsyth, Dave Anderson, and Michael Joseph Pitkin provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to approve the Consent Calendar with the removal of Item Nos. 1J, 1M, 1O, and 1Z for separate discussion; with Mayor deHarte abstaining from Consent Calendar Item Nos. 1C and 1D; Councilmember Bernstein abstaining from Consent Calendar Item No. 1E; Councilmember Garner recusing from Consent Calendar Item No. 1D; and, tabling Consent Calendar Item No. 1P.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Approve the City Council Meeting Minutes of September 10, 2025.
Item 1A - Page 2
City Council Minutes September 25, 2025
City of Palm Springs DRAFT MINUTES Page 3
B. APPOINTMENTS TO THE BUILDING CODE BOARD OF APPEALS
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Appoint Scott Schwartz, Jorge Romoero-Lozano, and Thomas Laurita to the Building Code Board of Appeals, to three (3) year terms expiring on June 30, 2028.
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JULY 1 THROUGH AUGUST 31, 2025
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 4-0-1 (WITH MAYOR DEHARTE ABSTAINING), to: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through August 31, 2025.
D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
(This item was approved as part of the complete Consent Calendar; Councilmember Garner noted her recusal during the acceptance of the agenda.)
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 3-0-1 (WITH COUNCILMEMBER GARNER RECUSING AND MAYOR DEHARTE ABSTAINING), to: Adopt Resolution No. 25341 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 08-02-25, 08-16-25, and 08-30-25 TOTALING $8,410,669.00 AND ACCOUNTS PAYABLE WARRANTS DATED 07-31-25, 08-14-25, 08-20-25, 08-28-25 TOTALING $22,946,246.14 IN THE AGGREGATE AMOUNT OF $31,356,915.14 DRAWN ON BANK OF AMERICA."
E. APPROVE AMENDMENT NO. 1 TO CONCESSION LEASE AGREEMENT NO. A9330
WITH THE MARSHALL RETAIL GROUP, LLC TO AMEND CONCESSION AREAS REFERRED TO AS “THE PINK DOOR” AND “COACHELLA DUTY FREE”, AND
RENT CALCULATIONS FOR EACH AREA AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
(This item was approved as part of the complete Consent Calendar; Councilmember Bernstein noted his abstention during the acceptance of the agenda.)
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 4-0-1 (WITH COUNCILMEMBER BERNSTEIN ABSTAINING), to:
1. Approve Amendment No. 1 to Concession Lease Agreement No. A9330 with The Marshall Retail Group, LLC to amend the concession retail areas referred to as “The Pink Door” and “Coachella Duty Free” and rent calculations with Minimum Annual Guarantee (MAG) at the Palm Springs International Airport.
2. Authorize the City Manager or designee to execute all necessary documents.
Item 1A - Page 3
City Council Minutes September 25, 2025
City of Palm Springs DRAFT MINUTES Page 4
F. APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L204
WITH UNIFI AVIATION, LLC FOR TERMINAL USE SPACE AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve Airport Non-Exclusive Operating and Lease Agreement No. 25L204 with Unifi Aviation, LLC (Attachment A) for the lease of 930 square feet of office space at $133.04 per square foot per year and 170 square feet of exterior building storage space at $28.49 per square foot per year, effective July 1, 2025 through June 30, 2026, with two (2) one-year options to extend.
2. Authorize the City Manager or designee to execute all necessary documents.
G. APPROVE AMENDMENT NO. 1 TO AGREEMENT 24B203 WITH VETERANS COMMUNICATION SERVICES, INC. AND AMENDMENT NO. 1 TO AGREEMENT 24B204 WITH DATASTREAM TECHNOLOGY CONSULTING FOR ON-CALL LOW
VOLTAGE CABLING SERVICES
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement 24B203 (Attachment A) with Veterans Communication Services, Inc. for on-call low voltage cabling services for an additional amount of $260,000 for a total revised contract amount not to exceed$960,000 through September 15, 2027, with two one-year extension options at the City’s sole discretion; and
2. Approve Amendment No. 1 to Agreement 24B204 (Attachment B) with Datastream Technology Consulting for on-call low voltage cabling services for an additional amount of $340,000 for a total revised contract amount not to exceed$640,000 through September 15, 2027, with two one-year extension options at the City’s sole discretion; and
3. Authorize the City Manager or designee to execute all necessary documents.
H. APPROVE AGREEMENT NO. 25C350 WITH DELL INC. FOR THE PURCHASE OF
COMPUTER SERVICES AND EQUIPMENT
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve Agreement No. 25C350 with Dell Marketing L.P. for equipment purchases and computer services in an amount not to exceed $2,609,063, for an initial thirty-three month term beginning on September 25, 2025, through June 30, 2028;
2. Authorize the City Manager or designee to execute all necessary documents.
I. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2024-25
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2024-25.
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J. NAMING RIGHTS FOR THE PALM SPRINGS PUBLIC LIBRARY
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
K. ACCEPTANCE OF DONATION FROM THE ESTATE OF FREDERICK C. VANHOOF IN THE AMOUNT OF $33,126.78 FOR PALM SPRINGS PUBLIC LIBRARY TRUST FUND
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve the acceptance of a donation award from the estate of Frederick C. Vanhoof in the amount of $33,126.78.
2. Authorize the City Manager to execute all necessary documents.
L. A REQUEST BY THE OWNERS OF TWO HISTORIC PROPERTIES FOR APPROVAL
OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENTS,
INCLUDING ONE UNIT WITHIN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (HD-2) AT 211 TWIN PALMS DRIVE, AND A PRIVATE RESIDENCE AT 2311 NORTH INDIAN CANYON DRIVE (HSPB 45)
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:
A. 211 Twin Palms Drive (Royal Hawaiian Estates), APN: 511-070-013.
B. 2311 N. Indian Canyon Drive, APN: 504-260-021
2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
M. APPROVAL OF HISTORIC TAX CREDITS FUNDING FOR THE PLAZA THEATRE This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
N. SECOND READING AND ADOPTION OF ORDINANCE NO. 2117 AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 2.05 AND 2.06 TO CLARIFY
COUNCILMEMBER REVIEW OF DECISIONS OF VARIOUS BOARDS AND
COMMISSIONS AND ASSOCIATED TIMEFRAMES
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Conduct a second reading by title only and adopt Ordinance No. 2117 entitled, “AN ORDINANCE AMENDING SECTIONS 2.06.030(a) AND (D) AND 2.05.040 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING CITY COUNCIL’S AUTHORITY TO REVIEW DECISIONS BY CITY BOARDS AND
COMMISSIONS WHOSE MEMBERS ARE NOT APPOINTED BY THE CITY COUNCIL,
ALLOWING NOTICE OF DECISIONS TO BE SERVED BY ELECTRONIC MAIL, AND ESTABLISHING A CONSISTENT 15 DAY DEADLINE BY WHICH TO APPEAL A DECISION BY A BOARD OR COMMISSION TO THE CITY COUNCIL”
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O. APPROVE CONTRACT SERVICES AGREEMENT NO. 25P268 WITH GOSEETELL NETWORK, INC. DBA SPARKLOFT MEDIA FOR ADVERTISING SERVICES FOR
PALM SPRINGS INTERNATIONAL AIRPORT
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
P. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 25P269 WITH PASLAY
MANAGEMENT GROUP, LLC FOR AIRPORT PROGRAM MANAGEMENT AND
ADVISORY CONSULTING SERVICES FOR PALM SPRINGS INTERNATIONAL
AIRPORT
The item was tabled.
Q. AWARD OF A CONSTRUCTION CONTRACT TO RESOURCE ENVIRONMENTAL, INC. IN THE AMOUNT OF $2,243,559; APPROVAL OF A TASK ORDER UNDER ONCALL AGREEMENT NO. 25Q187 TO BERG & ASSOCIATES, INC. IN THE AMOUNT OF $295,683 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23P041 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $10,890 TO PROVIDE COMMUNITY WORKFORCE AGREEMENT
ADMINISTRATION FOR WASTEWATER TREATMENT PLANT VARIOUS
DEMOLITIONS, CITY PROJECT 21-06
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Award a construction contract to Resource Environmental, Inc, in the amount of $2,243,559 for Wastewater Treatment Plant Various Demolitions, City Project 21-06;
2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $336,536 with all change orders reported to the City Council;
3. Authorize the City Manager or designee to approve a task order for project management services from an on-call construction management services firm, Berg & Associates, Inc., in an amount not to exceed $295,683;
4. Authorize the City Manager or designee to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, The Solis Group, in an amount not to exceed $10,890; and
5. Authorize the City Manager or designee to execute all necessary documents.
R. AWARD OF A CONSTRUCTION CONTRACT TO CALIFORNIA PROFESSIONAL ENGINEERING, INC. IN THE AMOUNT OF $765,943.62 FOR THE INDIAN CANYON DRIVE & VIA ESCUELA TRAFFIC SIGNAL INSTALLATION, CITY PROJECT 24-05
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Award a construction contract to California Professional Engineering, Inc., in the amount of $765,943.62 for the Indian Canyon Drive & Via Escuela Traffic Signal Installation, City Project 24-05;
2. Delegate authority to the City Manager or designee to approve and execute construction Item 1A - Page 6
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contract change orders up to a total amount of $76,600 with all change orders reported to the City Council; and
3. Authorize the City Manager or designee to execute all necessary documents.
S. AWARD OF A CONSTRUCTION CONTRACT TO AMERICAN ASPHALT SOUTH, INC. IN THE AMOUNT OF $1,855,006.45; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 25Q158 WITH DUDEK IN THE AMOUNT OF $175,000 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN THE AMOUNT OF $8,500 TO PROVIDE COMMUNITY WORKFORCE AGREEMENT
ADMINISTRATION FOR THE 2025 SLURRY SEAL, CITY PROJECT NO. 25-02
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Award a construction contract to American Asphalt South Inc., in the amount of $1,855,006.45 for the Project;
2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $186,000 with all change orders reported and filed to the City Council.
3. Authorize the City Manager or designee to approve a task order for project management and inspection services from an on-call engineering service firm, Dudek, Inc., in an amount not to exceed $175,000;
4. Authorize the City Manager or designee to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $8,500; and
5. Authorize the City Manager or designee to execute all necessary documents.
T. APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT FOR TERMINAL SPACE NO. 25L353 AND NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT FOR HANGAR SPACE NO. 25L352 WITH ALLIANCE GROUND INTERNATIONAL, INC. (AGI) AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve the Airport Non-Exclusive Operating and Lease Agreement No. 25L353 with AGI Ground, Inc. for the lease of 905 square feet of terminal office space at $133.04 per square foot per year, effective October 1, 2025 through September 30, 2026, with two (2) one-year options to extend.
2. Approve the Airport Non-Exclusive Operating and Lease Agreement No. 25L352 with AGI Ground, Inc. for the lease of 2,290 square feet of hangar floor space at $17.00 per square foot per year and 168 square feet of office space at $50.00 per square foot per year, effective September 1, 2025 through August 31, 2026, with two (2) one-year options to extend.
3. Authorize the City Manager or designee to execute all necessary documents.
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U. APPROVE CONTRACT SERVICE AGREEMENT NO. 25B285 WITH TROVAO & ASSOCIATES, INC. DBA THE CHRISTMAS LIGHT GUY COMPANY FOR HOLIDAY
DECORATION INSTALLATION SERVICES
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Service Agreement No. 25B285 with Trovao & Associates, Inc. dba The Christmas Light Guy Company, to provide holiday decoration installation services in an amount not to exceed $240,000 for the initial three-year term beginning on September 26, 2025, through September 25, 2028, with two one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
V. APPROVE AMENDMENT 3 TO CONTRACT SERVICES AGREEMENT NO. A9152
WITH UPBEAT PARADE PRODUCTIONS, LLC, FOR PARADE PRODUCTION
SERVICES FOR THE PALM SPRINGS VETERANS DAY PARADE AND THE PALM
SPRINGS FESTIVAL OF LIGHTS PARADE
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 3 to Agreement A9152 with Upbeat Parade Productions, LLC for parade production services for an additional amount of $458,000, for a total revised contract amount not to exceed $1,015,000 and extend the term two years through October 18, 2027.
2. Authorize the City Manager to execute all necessary documents.
W. A REQUEST BY OVATIONS FANFARE, LP FOR A RESOLUTION OF PUBLIC
CONVENIENCE OR NECESSITY (PCN) TO SELL BEER, WINE, AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION (TYPE 90 – ON-SALE GENERAL – MUSIC
VENUE) AT THE PLAZA THEATRE AND WELWOOD MURRAY MEMORIAL LIBRARY LOCATED AT 100 & 128 SOUTH PALM CANYON DRIVE (APNS: 513-144- 010; 513-144-012; 513-144-002; 513-144-006; 513-144-007; 513-144-009), ZONES C-U & CBD, SECTION 15 (CASE PCN-2025-0004)
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Adopt Resolution No. 25342 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING
THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 90 (ON-SALE GENERAL – MUSIC VENUE) ALCOHOLIC
BEVERAGE CONTROL LICENSE AT THE PLAZA THEATRE AND WELWOOD MURRAY MEMORIAL LIBRARY LOCATED AT 100 & 128 SOUTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06.”
X. AUTHORIZE THE PURCHASE OF 22 NEW VEHICLES
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 9 new Ford F-150 XL Super Cab trucks, 1 new Ford Mustang Mach E, 1 new Ford Explorer Active, and 11 new Ford Explorer Police Interceptors in an amount not to exceed $1,295,775.16, Item 1A - Page 8
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inclusive of a 10% contingency.
2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus and waive the equipment requirements of 7.08.02 (5) of the Palm Springs Municipal Code and approve the surplus equipment to go straight to auction.
3. Authorize the City Manager or designee to execute all necessary documents.
Y. USE OF ENERGY PERFORMANCE INCENTIVE FROM OPTERRA (FORMERLY
ENGIE) FOR CITY HALL BUILDING AUTOMATION SYSTEM PROJECT
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Appropriate $160,764 from Miscellaneous Revenue account 520-37045 to Facilities Maintenance Expense account 5206570-50115.
2. Authorize the City Manager or designee to execute all necessary documents.
Z. APPROVE AMENDMENT NO.1 TO MASTER SERVICES AGREEMENT 24S228 WITH FLOCK GROUP, INC., DBA FLOCK SAFETY FOR THE PURCHASE OF FLOCK SAFETY’S FLOCK NOVA CRIME ANALYSIS SOFTWARE
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
AA.APPROVE CONTRACT SERVICES AGREEMENT NO. 25B282 WITH AL MILLER & SONS ROOFING CO., INC. AND 25B283 WITH KRGS ROOFING INC. FOR ON-CALL
ROOFING INSPECTION, REPAIR AND INSTALLATION SERVICES
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 25B282 (Attachment A) with Al Miller & Sons Roofing Co., Inc. to provide on-call roofing inspection, repair and installation services for a three-year term in an amount not to exceed $910,000 beginning October 1, 2025, through September 30, 2028, with two one-year extension options at the City’s sole discretion; and
2. Approve Contract Services Agreement No. 25B283 (Attachment B) with KRGS Roofing Inc. to provide on-call roofing inspection, repair and installation services for a three-year term in an amount not to exceed $390,000 beginning October 1, 2025, through September 30, 2028, with two one-year extension options at the City’s sole discretion; and
3. Authorize the City Manager or designee to execute all necessary documents.
BB. APPROVE A TEN YEAR LEASE WITH ZOLL MEDICAL CORPORATION FOR
REPLACEMENT OF CARDIAC MONITORS AND MECHANICAL CPR DEVICES
FOR THE PALM SPRINGS FIRE DEPARTMENT
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve ten (10) Year Master Lease Agreement No. 24L284 with ZOLL Medical Corporation to provide replacement cardiac monitors and mechanical cardiopulmonary resuscitation devices, service, repair and maintenance for an annual payment of $142,290.91, inclusive of sales tax and for a total lease amount of $1,422,909.13;
2. Waive the requirements of Palm Springs Municipal Code Section 7.03.02 (d) requiring a Item 1A - Page 9
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formal solicitation for supplies and services exceeding $75,000; and
3. Authorize the City Manager or their designee to execute all necessary documents.
EXCLUDED CONSENT CALENDAR:
J. NAMING RIGHTS FOR THE PALM SPRINGS PUBLIC LIBRARY
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to:
1. Approve the naming rights for areas proposed.
2. Authorize the City Manager or designee to execute all necessary documents.
M. APPROVAL OF HISTORIC TAX CREDITS FUNDING FOR THE PLAZA THEATRE
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: Adopt Resolution No. 25343 entitled, “RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING PROCEEDINGS
MOTION BY AND AGREEMENTS RELATING TO THE LEASE AND REHABILITATION OF THE PLAZA THEATRE AND AUTHORIZING OFFICIAL ACTIONS.” Approve the accompanying Resolution authorizing proceedings and agreements relating to the Lease and Rehabilitation of the Plaza Theatre (the "Resolution").
O. APPROVE CONTRACT SERVICES AGREEMENT NO. 25P268 WITH GOSEETELL NETWORK, INC. DBA SPARKLOFT MEDIA FOR ADVERTISING SERVICES FOR
PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 25P268 (Attachment A) with GoSeeTell Network, Inc. DBA Sparkloft Media to provide advertising services for the Palm Springs International Airport in an amount not to exceed $3,674,500 for an initial three-year term beginning October 1, 2025, through September 30, 2028, with two one-year extension options at the City’s sole discretion.
2. Authorize the City Manager or designee to execute all necessary documents.
Z. APPROVE AMENDMENT NO.1 TO MASTER SERVICES AGREEMENT 24S228 WITH FLOCK GROUP, INC., DBA FLOCK SAFETY FOR THE PURCHASE OF FLOCK SAFETY’S FLOCK NOVA CRIME ANALYSIS SOFTWARE
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, as amended, to:
1. Approve Amendment No. 1 to Agreement 24S228 (Attachment A) with Flock Group, Inc., dba Flock Safety for the purchase of Flock Nova crime analysis software for an additional amount of $280,000 and a revised contract amount not to exceed $301,000, and extending the term for one year ending on October 1, 2028.
2. Authorize the City Manager or designee to execute all necessary documents.
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2. PUBLIC HEARINGS:
A. CONSIDER ADOPTION OF INCREASES TO AND ESTABLISHING USER AND
REGULATORY FEES FOR VARIOUS CITY REGULATORY ACTIVITIES, PROGRAMS, AND SERVICES; AND FINDING OF EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, as amended, to:
1. Open the public hearing, receive public testimony, close the public hearing and ADOPT Resolution No. 25344, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA UPDATING AND ESTABLISHING USER
AND REGULATORY FEES FOR VARIOUS CITY REGULATORY ACTIVITIES,
PROGRAMS,AND SERVICES SET FORTH IN A COMPREHENSIVE USER FEE SCHEDULE,” which establishes a schedule of proposed user fees to take effect sixty (60) days following the date of the public hearing.
2. Find and determine that this action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA). The City has determined that this resolution is not subject to CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
3. BUSINESS & LEGISLATIVE:
A. APPROVE EXHIBIT E (INCENTIVES) AND EXHIBIT G (COMMUNITY NONPROFIT USE) TO THE PALM SPRINGS CONVENTION CENTER OPERATION AND MANAGEMENT AGREEMENT NO. 25P206
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR DEHARTE, CARRIED 5-0, as amended, to:
1. Approve Exhibit E to the PSCC Management Services Agreement – Incentives.
2. Approve Exhibit G to the PSCC Management Services Agreement – Community Non-Profit Use Policy.
RECESS/RECONVENE: The City Council recessed at 8:47 p.m. and reconvened at 8:54 p.m.
PUBLIC COMMENT:
Michael Joseph Pitkin and Felix Barajas (with Chief Economic Development Officer Olson speaking on Mr. Barajas’ behalf) provided non-agenda oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.
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ADJOURNMENT:
The City Council adjourned the regular meeting of Thursday, September 25, 2025, at 9:46 p.m.
Respectfully submitted,
_________________________
Brenda Pree, MMC, CERA
City Clerk
DRAFT MINUTES PRESENTED TO CITY COUNCIL: 10/22/2025
Item 1A - Page 12
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 22, 2025 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF RESIGNATIONS FROM VARIOUS BOARDS AND
COMMISSIONS
FROM: Scott C. Stiles, City Manager
BY: Office of the City Clerk
RECOMMENDATION:
1. Accept the resignation of Stasik Winderbaum, from the Administrative Appeals Board, effective immediately.
2. Accept the resignation of Janice Shon, from the Measure “J” Commission, effective immediately.
BACKGROUND:
The City Council appointed Mayor deHarte and Mayor Pro Tem Soto to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. With this action, the following vacancies have been identified:
two (2) vacancies within the Administrative Appeals Board, consisting of a vacancy with a term ending June 30, 2028, and an alternate vacancy with a term ending June 30, 2026; one (1) vacancy within the Human Rights Commission, with a term ending June 30, 2026; two (2) vacancies within the Measure “J” Oversight Commission, with terms ending June 30, 2026, and June 30, 2027; one (1) vacancy within the Parks and Recreation Commission, with a term ending June 30, 2027; and three (3) vacancies within the Sustainability Commission with terms ending June 30, 2026. The next open recruitment is scheduled between March 2026 and April 2026.
Government Code Section 54974 (a) states, "whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet web site or at the library designated pursuant to Section 54973.” FISCAL IMPACT:
None.
Item 1B - Page 1
City Council Staff Report
October 22, 2025 -- Page 2
Resignations from Various Boards and Commissions
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:
A. Boards and Commissions Roster: Administrative Appeals Board & Measure “J” Oversight Commission
B. Resignation from Stasik Winderbaum
C. Resignation from Janice Shon
Item 1B - Page 2
ATTACHMENT A
Item 1B - Page 3
Administrative Appeals Board
Member - District Original Appointment Expires
Patrick Basile* – 3 April 8, 2021 June 30, 2027
David Parker – 2 June 29, 2023 June 30, 2026
Lauren Hein – 3 June 13, 2024 June 30, 2027
Edwin Koren – 2 June 13, 2024 June 30, 2027
Stasik Winderbaum – 5 June 13, 2024 June 30, 2028
Richard Llewellyn (alt.) – 5 June 11, 2025 June 30, 2027 VACANT (alt.) June 30, 2026
Measure “J” Oversight Commission
Member – District Original Appointment Expires
Andrea Davis – 4 June 27, 2023 June 30, 2026
Peter Sipkins – 4 June 27, 2023 June 30, 2026
La Toya Thigpen – 1 June 27, 2023 June 30, 2026
Shara Cabreros – 2 June 27, 2023 June 30, 2026
Clifford Hopkins – 5 June 27, 2023 June 30, 2027
Larry Isaak – 5 June 06, 2024 June 30, 2027
Janice Shon – 2 June 06, 2024 June 30, 2027
Jason Kravetz – 5 June 06, 2024 June 30, 2028
Jack Newby (alt) – 4 June 27, 2023 June 30, 2026
Paul Travis (alt) – 5 May 21, 2025 June 30, 2026
VACANT June 30, 2026
Item 1B - Page 4
ATTACHMENT B
Item 1B - Page 5
Item 1B - Page 6
Friday, September 19, 2025
Dear Cassandra,
I am writing to fonnally resign from the Administrative Appeals Board, effective inunediately, as I will be relocating to the east coast in the near future. I have appreciated the opporttuiity to se1ve the co1runmiity and wish the Board continued success.
All the best,
Stasik
ATTACHMENT C
Item 1B - Page 7
Item 1B - Page 8
Palm Springs, CA 92262
October 8, 2025
Subject: Resignation from Measure J Oversight Commission Dear City Council Members of Palm Springs,
I am w rit ing to formally resign from my posit ion as a Commissioner on the Measure J Oversight Commission, effective October 8, 2025. I w ill be transit ioning to part-t ime residency in Palm Springs so I must resign from this role.
Serving on this commission has been an honor, and I am grateful for the opportunity to contribute to the City of Palm Springs and work alongside such dedicated colleagues and staff.
I have learned a great deal and deeply appreciate t he trust placed in me during my tenure.
Please let me know if t here are any steps I can take to ensure a smooth transition or to assist in identifying or onboarding my replacement.
Thank you again for the opportunity to serve. I remain committed to supporting t he city's continued success.
Sincerely,
Janice Shon
Commissioner, Measure J Oversight Commission
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 22, 2025 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2025
FROM: Scott C. Stiles, City Manager
BY: Procurement and Contracting Department
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of September 1 through September 30, 2025.
STAFF ANALYSIS:
The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are approved by the City Manager, or such other delegated authority, pursuant to the signature authority. Palm Springs Municipal Code §7.01.04(8) requires a monthly report to be submitted to the City Manager.
The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement and Contracting Department.
REVIEWED BY:
Procurement and Contracting Manager: Tabitha Richards
City Manager: Scott Stiles
ATTACHMENTS:
A. City Manager or designee authorized agreements for September 2025 B. Purchase orders for September 2025
Item 1C - Page 1
==========__J ====f====--- __
ATTACHMENT A
Item 1C - Page 2
STAFF AUTHORIZED AGREEMENTS
SEPTEMBER 1, 2025 - SEPTEMBER 30, 2025
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
CITY MANAGER 25F290 FUNDING AGREEMENT 2025-2026 ANIMAL SAMARITANS $ 4,000.00 CITY MANAGER 25F291 FUNDING AGREEMENT 2025-2026 ASSISTANCE LEAGUE COACHELLA VALLEY $ 3,500.00 CITY MANAGER 25F292 FUNDING AGREEMENT 2025-2026 BARISTO NEIGHBORHOOD ORGANIZATION $ 3,000.00
CITY MANAGER 25F293 FUNDING AGREEMENT 2025-2026 BIGHORN INSTITUTE $ 2,500.00 CITY MANAGER 25F294 FUNDING AGREEMENT 2025-2026 BOO2BULLYING, INC. $ 5,000.00 CITY MANAGER 25F295 FUNDING AGREEMENT 2025-2026 BOYS & GIRLS CLUB OF PALM SPRINGS $ 95,000.00 CITY MANAGER 25F296 FUNDING AGREEMENT 2025-2026 BROTHERS OF THE DESERT $ 3,000.00 CITY MANAGER 25F297 FUNDING AGREEMENT 2025-2026
CV COMMUNITY RESEARCH INITIATIVE - HARP $ 2,500.00
CITY MANAGER 25F298 FUNDING AGREEMENT 2025-2026
COACHELLA VALLEY HOUSING COALITION $ 5,000.00
CITY MANAGER 25F299 FUNDING AGREEMENT 2025-2026
COACHELLA VALLEY JOURNALISM FOUNDATION $ 2,000.00
CITY MANAGER 25F300 FUNDING AGREEMENT 2025-2026 DESERT AIDS PROJECT (DAP HEALTH) - SUPPORT $ 20,000.00
CITY MANAGER 25F301 FUNDING AGREEMENT 2025-2026 DESERT ENSEMBLE THEATRE $ 3,000.00 CITY MANAGER 25F302 FUNDING AGREEMENT 2025-2026 DESERT THEATREWORKS $ 1,000.00 CITY MANAGER 25F303 FUNDING AGREEMENT 2025-2026 DESERT WINDS FREEDOM BAND $ 5,000.00 CITY MANAGER 25F304 FUNDING AGREEMENT 2025-2026 DEZART PERFORMS $ 2,500.00 CITY MANAGER 25F305 FUNDING AGREEMENT 2025-2026 DO THE RIGHT THING $ 25,000.00 CITY MANAGER 25F306 FUNDING AGREEMENT 2025-2026 FIND FOOD BANK, INC. $ 65,200.00 CITY MANAGER 25F307 FUNDING AGREEMENT 2025-2026 FIRST TEE OF THE COACHELLA VALLEY $ 7,500.00 CITY MANAGER 25F308 FUNDING AGREEMENT 2025-2026 FRIENDS OF THE DESERT MOUNTAINS $ 5,000.00 CITY MANAGER 25F309 FUNDING AGREEMENT 2025-2026 FRIENDS OF THE PALM SPRINGS ANIMAL SHELTER $ 20,000.00
CITY MANAGER 25F310 FUNDING AGREEMENT 2025-2026 GRASSROOTS JUNIOR TENNIS, INC. $ 5,000.00 CITY MANAGER 25F311 FUNDING AGREEMENT 2025-2026 GREATER PALM SPRINGS PRIDE $ 46,000.00
Item 1C - Page
3 STAFF AUTHORIZED AGREEMENTS
SEPTEMBER 1, 2025 - SEPTEMBER 30, 2025
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
CITY MANAGER 25F312 FUNDING AGREEMENT 2025-2026
GREATER PALM SPRINGS PRIDE (FISCAL AGENT FOR ART IN THE PARK IN THE DARK) $ 15,000.00
CITY MANAGER 25F313 FUNDING AGREEMENT 2025-2026
GREATER PALM SPRINGS PRIDE (FISCAL AGENT FOR LGBTQ+ HISTORY & ARCHIVES) $ 2,500.00
CITY MANAGER 25F314 FUNDING AGREEMENT 2025-2026
HABITAT FOR HUMANITY OF THE COACHELLA VALLEY $ 25,000.00 CITY MANAGER 25F315 FUNDING AGREEMENT 2025-2026 HOCKER PRODUCTIONS $ 30,000.00 CITY MANAGER 25F316 FUNDING AGREEMENT 2025-2026 JEWISH FAMILY SERVICE OF THE DESERT $ 15,000.00 CITY MANAGER 25F317 FUNDING AGREEMENT 2025-2026 JOHN F. KENNEDY MEMORIAL FOUNDATION $ 5,000.00
CITY MANAGER 25F318 FUNDING AGREEMENT 2025-2026 MIZELL CENTER $ 95,000.00 CITY MANAGER 25F319 FUNDING AGREEMENT 2025-2026 MODERN MEN COACHELLA VALLEY MEN'S CHORUS $ 3,000.00
CITY MANAGER 25F320 FUNDING AGREEMENT 2025-2026 MODERNISM WEEK $ 70,000.00 CITY MANAGER 25F321 FUNDING AGREEMENT 2025-2026 PALM SPRINGS AIR MUSEUM $ 17,250.00 CITY MANAGER 25F322 FUNDING AGREEMENT 2025-2026
PALM SPRINGS BLACK HISTORY COMMITTEE $ 35,000.00
CITY MANAGER 25F323 FUNDING AGREEMENT 2025-2026 PALM SPRINGS CHAMBER OF COMMERCE $ 20,000.00 CITY MANAGER 25F324 FUNDING AGREEMENT 2025-2026 PALM SPRINGS COMMUNITY CONCERT ASSOCIATION $ 5,000.00
CITY MANAGER 25F325 FUNDING AGREEMENT 2025-2026 PALM SPRINGS CULTURAL CENTER $ 31,000.00 CITY MANAGER 25F326 FUNDING AGREEMENT 2025-2026 PALM SPRINGS GAY MEN'S CHORUS $ 9,000.00 CITY MANAGER 25F327 FUNDING AGREEMENT 2025-2026 PALM SPRINGS MODERN COMMITTEE $ 2,500.00 CITY MANAGER 25F328 FUNDING AGREEMENT 2025-2026 PALM SPRINGS OPERA GUILD $ 8,500.00 CITY MANAGER 25F329 FUNDING AGREEMENT 2025-2026
PALM SPRINGS PUBLIC LIBRARY FOUNDATION $ 10,000.00
CITY MANAGER 25F330 FUNDING AGREEMENT 2025-2026 PALM SPRINGS SISTER CITIES $ 8,300.00
Item 1C - Page
4 STAFF AUTHORIZED AGREEMENTS
SEPTEMBER 1, 2025 - SEPTEMBER 30, 2025
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
CITY MANAGER 25F331 FUNDING AGREEMENT 2025-2026
PALM SPRINGS UNIFIED SCHOOL DISTRICT FOUNDATION $ 15,000.00 CITY MANAGER 25F332 FUNDING AGREEMENT 2025-2026 PALM SPRINGS WOMAN'S CLUB $ 4,000.00 CITY MANAGER 25F333 FUNDING AGREEMENT 2025-2026
PALM SPRINGS YOUNG PLAYWRIGHTS FESTIVAL $ 3,000.00
CITY MANAGER 25F334 FUNDING AGREEMENT 2025-2026 PS TEST, INC. $ 5,000.00 CITY MANAGER 25F335 FUNDING AGREEMENT 2025-2026 ROTARY CLUB OF PALM SPRINGS SUNUP $ 1,000.00 CITY MANAGER 25F336 FUNDING AGREEMENT 2025-2026 SOROPTIMIST HOUSE OF HOPE, INC. $ 2,500.00 CITY MANAGER 25F337 FUNDING AGREEMENT 2025-2026 THE LGBTQ COMMUNITY CENTER OF THE DESERT $ 27,500.00
CITY MANAGER 25F338 FUNDING AGREEMENT 2025-2026 TOOLS FOR TOMORROW $ 4,000.00 CITY MANAGER 25F339 FUNDING AGREEMENT 2025-2026 TRANSGENDER HEALTH & WELLNESS CENTER $ 35,000.00
CITY MANAGER 25F340 FUNDING AGREEMENT 2025-2026
VARIETY CHILDREN'S CHARITIES OF THE DESERT $ 5,000.00
CITY MANAGER 25F341 FUNDING AGREEMENT 2025-2026 VOICES FOR CHILDREN $ 2,000.00 CITY MANAGER 25F342 FUNDING AGREEMENT 2025-2026 GREEN ROOM THEATRE COMPANY CV $ 3,000.00 CITY MANAGER 25F343 FUNDING AGREEMENT 2025-2026 GUIDE DOGS OF THE DESERT $ 4,000.00 CITY MANAGER 25F344 FUNDING AGREEMENT 2025-2026
PALM SPRINGS INTERNATIONAL JAZZ FESTIVAL $ 3,000.00
CITY MANAGER 25F345 FUNDING AGREEMENT 2025-2026 PARKINSON'S RESOURCE ORGANIZATION $ 2,000.00 CITY MANAGER 25F346 FUNDING AGREEMENT 2025-2026 PERSPECTIVE SHIFT COLORADO $ 2,000.00 CITY MANAGER 25F347 FUNDING AGREEMENT 2025-2026 THE CHURCH OF ST. PAUL IN THE DESERT $ 6,000.00
ECONOMIC
DEVELOPMENT
25F277 FAÇADE IMPROVEMENT GRANT - ALCAZAR HOTEL,
PALM SPRINGS ALCAZAR PALM SPRINGS $ 6,850.00
ECONOMIC
DEVELOPMENT
25F349
WORKFORCE DEVELOPMENT LEADERSHIP TRAINING GRANT
PALM SPRINGS HOSPITALITY ASSOCIATION $ 20,000.00
ECONOMIC
DEVELOPMENT 25F377 FAÇADE IMPROVEMENT GRANT AGREEMENT
THE ME TRUST DBA DESERT LEGAL DOCUMENTS $ 296.07
Item 1C - Page
5 STAFF AUTHORIZED AGREEMENTS
SEPTEMBER 1, 2025 - SEPTEMBER 30, 2025
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
FIRE DEPARTMENT 25I286 SCOTT LEVEL 1 - TECHNICAL CLASS ALL STAR FIRE EQUIPMENT INC $ 1,450.00 FIRE DEPARTMENT 25P354 FIRE RECOVERY BILLING SERVICES; RFP 09-25 ETECH-360, INC. DBA 360S2G $ 90,000.00 FIRE DEPARTMENT 25I364 LPG TANK RENTAL FOR ARFF FIRE TRAINING FERRELGAS L.P $ 10,000.00 INFO TECHNOLOGY 25S271 AI-MEDIA MASTER SUPPLY AGREEMENT AL-MEDIA TECHNOLOGIES, LLC $ 19,800.00 INFO TECHNOLOGY 25S273 VECTOR SOLUTION SOFTWARE SUITE FOR PSFD TARGET SOLUTIONS DBA VECTOR SOLUTIONS $ 49,523.54
INFO TECHNOLOGY 25S275
ANNAUL LAW ENFORCEMENT POLICY MANUAL SUBSCRIPTION LEXIPOL, LLC $ 57,179.08 INFO TECHNOLOGY 25C351 911 VESTA SUPPORT AGREEMENT AT&T ENTERPRISES, LLC $ 72,318.85 INFO TECHNOLOGY 25C359 PSP EVERBRIDGE COMMUNICATION SYSTEM EVERBRIDGE, INC. $ 79,862.37 INFO TECHNOLOGY 25C365 MITEL PHONE SYSTEM SUPPORT ICS INTELESYS, INC $ 14,924.00 LIBRARY 25I280
LIBRARY GROUNDBREAKING SET-UP AND RENTAL EQUIPMENT
SIGNATURE PARTY RENALS $ 5,363.40
POLICE DEPARTMENT 25I376
HAZARDOUS WASTE REMOVAL AND LAB CHEMICAL DISPOSAL
HAYWARD ENVIRONMENTAL CONSULTING $ 5,000.00
PUBLIC WORKS -
FACILITIES
MAINTENANCE
25I274 WATER FILTRATION DISPENSER SERVICES QUENCH USA DBA CULLIGAN QUENCH $ 27,027.40
PUBLIC WORKS -
FACILITIES
MAINTENANCE
25C283 MRO MATERIALS FOR PUBLIC WORKS DEPARTMENT W.W. GRAINGER, INC DBA GRAINGER $ 150,000.00
PUBLIC WORKS -
FACILITIES
MAINTENANCE
25I355 VEHICLE UPLIFTING SERVICES INNOVATIVE EMERGENCY EQUIPMENT $ 75,000.00
PUBLIC WORKS -
FACILITIES
MAINTENANCE
25B361 FUEL STATION INSPECTION, REPAIR AND
CERTIFICATION SERVICES; IFB 25-12 FUEL PROS, INC. $ 150,000.00
PUBLIC WORKS -
FACILITIES
MAINTENANCE
25I370 SOFTWATER SERVICES FOR COGEN EQUIPMENTS
AND HVAC
PALM SPRINGS WATER SYSTEM AND SERVICES, INC. $ 14,882.40
RECREATION
DEPARTMENT
25C272
FACILITY MANAGEMENT SOFTWARE FOR RECREATION DEPARTMENT BRIGHTLY SOFTWARE, INC $ 60,914.86
Item 1C - Page
6 STAFF AUTHORIZED AGREEMENTS
SEPTEMBER 1, 2025 - SEPTEMBER 30, 2025
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
RECREATION
DEPARTMENT
25N278
INSTRUCTOR AGREEMENT 70-30 FOR EXERCISE CLASS
ENDEAVOR PALM SPRINGS
RECREATION
DEPARTMENT
25I363
LASER LEVELING SERVICES FOR PALM SPRINGS STADIUM BARKSHIRE LASER LEVELING, INC. $ 9,600.00
RECREATION
DEPARTMENT 25I369 MUSICAL PERFORMERS FOR HOLIDAY EVENTS CARLA L. PAUL DBA DESERT CAROLERS $ 5,150.00
RECREATION
DEPARTMENT
25I371 PLAY EQUIPMENT RENTAL SERVICES FOR SPECIAL
EVENTS TINY TODDLER SOFT PLAY, LLC $ 2,867.81
RECREATION
DEPARTMENT 25I372 CARICATURES FOR SPECIAL EVENTS GEARRIN LLC DBA FREDDY FAST FACES $ 1,080.00
Item 1C - Page
7 ATTACHMENT B
Item 1C - Page 8
PURCHASE ORDERS
SEPTEMBER 1, 2025 - SEPTEMBER 30, 2025
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26000436 25I191 MOVING OF LIBRARY MATERIALS MYKOLA ZAIETS 51,768.4126000510 A9324 OFFICE SUPPLIES ODP BUSINESS SOLUTIONS 2,500.0024000679 23S232 POWERDMS FTO SUBSCRIPTION 9/10/2023- 9/9/2024
POWERDMS INC 7,683.92
24000740 23C312 CORDICOFIRE FIREFIGHTER WELLNESS APP LEXIPOL LLC 38,000.0026000434 3 CISCO SWITCHES FOR PD IT1 SOURCE LLC 30,738.2326000440 A9324 A9324: OFFICE SUPPLIES FOR INFORMATION
TECHNOLOGY
ODP BUSINESS SOLUTIONS 5,000.00
26000441 A9194 DELL HARDWARE FOR RTCC DELL MARKETING LP 44,318.81 26000453 24B204 VERKADA INSTALLATION FOR PD SUBSTATION DATASTREAM TECHNOLOGY
CONSULTING
1,574.12
26000457 2 SAMSUNG MONITORS FOR PSP CDW GOVERNMENT INC 904.5526000458 2 MONITOR MOUNTS FOR PSP B & H PHOTO 131.01 26000461 24B204 DOOR HARDWARE UPGRADE FOR FS4 DATASTREAM TECHNOLOGY
CONSULTING
13,464.82
26000462 24B204 FIBER AND IDF BUILD FOR FS4 DATASTREAM TECHNOLOGY
CONSULTING
12,818.48
26000463 24B204 CAMERA INSTALLATION FOR FS4 DATASTREAM TECHNOLOGY
CONSULTING
15,194.11
26000467 24B204 PD FIBER PARKING SURVEY DATASTREAM TECHNOLOGY
CONSULTING
2,145.00
26000468 24B204 PD FIBER BORING AND CONDUIT INSTALLATION DATASTREAM TECHNOLOGY
CONSULTING
21,062.00
26000472 VERKADA LICENSES AND HARDWARE FOR FS4 DATASTREAM TECHNOLOGY
CONSULTING
59,170.49
26000474 2 PRINTERS FOR PARKS & REC CDW GOVERNMENT INC 1,208.0626000479 5 FIDS MONITORS FOR PSP CDW GOVERNMENT INC 3,973.9326000482 A9194 3 DESKTOP AIO FOR PSP IET DELL MARKETING LP 2,837.7226000503 A9194 LAPTOP FOR DANIEL M. DELL MARKETING LP 2,005.16 26000504 25S271 25S271: LEXI AI SUBTITLE SOFTWARE EEG ENTERPRISES INC 6,300.0026000508 25I261 25I261; FIBER IDENTIFICATION PATHWAY IT1 CONSULTING LLC 11,983.2526000521 ESRI IMAGE ANALYST ENVIRONMENTAL SYSTEMS RESEARCH
INSTITUTE INC
173.63
26000527 24B204 VERKADA HARDWARE FOR PD SUBSTATION DATASTREAM TECHNOLOGY
CONSULTING
8,078.54
26000539 FORTINET FIREWALL RENEWAL FOR CH AND PD AMS.NET INC 4,417.3726000559 A9194 LAPTOP FOR AVSEC SUPERVISOR AT PSP DELL MARKETING LP 1,507.3026000561 65IN TV FOR DENISE GOOLSBY CDW GOVERNMENT INC 524.9326000567 FRESHSERVICE ANNUAL RENEWAL IT1 SOURCE LLC 26,408.7426000568 25S236 25S236: SITEIMPROVE SOFTWARE SITEIMPROVE INC 5,608.52 26000569 BROTHER PRINTER, TONER, AND MAINTENANCE KIT
FOR PD
CDW GOVERNMENT INC 1,249.46
26000570 CLOUDFLARE ENTERPRISE SOFTWARE INSIGHT PUBLIC SECTOR INC 14,684.3426000606 SAMSUNG TV FOR PUBLIC WORKS CDW GOVERNMENT INC 452.28 26000611 PERMIT CENTER RACK CLEAN UP DATASTREAM TECHNOLOGY 2 360 87
INFO TECHNOLOGY A/CITY MANAGER ADMIN
Item 1C - Page 9
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 09-13-25 and 09-27-25 TOTALING
$5,835,444.93 AND ACCOUNTS PAYABLE WARRANTS
DATED 09-11-25 and 09-25-25 TOTALING $23,080,721.06
IN THE AGGREGATE AMOUNT OF $28,916,165.99
DRAWN ON BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 22ND DAY OF OCTOBER, 2025.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1D - Page 1
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
Item 1D - Page 2
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
TOTAL 2,907,044.51
DEFERRED COMP: NATIONWIDE 39,108.72
ICMA RHS CONTRIBUTION 33,200.00
CA DCCS 5,561.62
STATE TAXES 152,460.20
VENDOR WIRE PYMTS 6,975.20
DEFERRED COMP: ICMA 457 78,530.35
FEDERAL TAXES 444,267.91
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423156 - 423166 16,931.58
LIABILITY CHECK REGISTER 2026470-2026486 39,019.21
PAYROLL DIRECT DEPOSITS 2,090,989.72
PAY DATE 9/19/2025
October 22, 2025
PAYROLL PERIOD ENDING 9/13/2025
(2) Payroll Wires and Warrants Memo for PPE 091325 | 10222025 |10/8/2025 | 4:30 PM (AM) Item 1D - Page 3
1 | 1
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
TOTAL 2,928,400.42
DEFERRED COMP: NATIONWIDE 40,458.72
ICMA RHS CONTRIBUTION 33,450.00
CA DCCS 5,004.68
STATE TAXES 150,416.49
VENDOR WIRE PYMTS 7,103.03
DEFERRED COMP: ICMA 457 58,830.35
FEDERAL TAXES 437,134.70
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423167, 423169 - 423181 31,185.29 LIABILITY CHECK REGISTER 2026767 - 2026783 39,624.13
PAYROLL DIRECT DEPOSITS 2,125,193.03
PAY DATE 10/3/2025
October 22, 2025
PAYROLL PERIOD ENDING 9/27/2025
(3) Payroll Wires and Warrants Memo for PPE 092725 | 10222025 (2) |10/8/2025 | 4:31 PM (AM) Item 1D - Page 4
1 | 1
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/11/2025 10:34
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026241 09/11/2025 PRINTED 100024 ACE PRINTING 497.09
2026242 09/11/2025 PRINTED 101263 ACTION PARK ALLIANCE 1,601.60 2026243 09/11/2025 PRINTED 100292 ADMINSURE INC 20,799.00 2026244 09/11/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 10,505.28 2026245 09/11/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 34,124.09 2026246 09/11/2025 PRINTED 101254 AIR EXCHANGE INC 5,833.36 2026247 09/11/2025 PRINTED 100345 AIRPORT QUICK WASH 440.00 2026248 09/11/2025 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 3,843.32 2026249 09/11/2025 PRINTED 105451 CAMERON ALEXANDER 65.00 2026250 09/11/2025 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 1,224.75 2026251 09/11/2025 PRINTED 104181 ALTEC INC 130.57
2026252 09/11/2025 PRINTED 100572 AMAZON COM 24.88
2026253 09/11/2025 PRINTED 103781 AMAZON.COM SALES INC 1,775.50 2026254 09/11/2025 PRINTED 100383 AMERICAN FORENSIC NURSES 1,059.70 2026255 09/11/2025 PRINTED 105013 APTAERO INC 3,100.00
2026256 09/11/2025 PRINTED 105343 AQUA FITNESS SOLUTIONS LL 7,374.38 2026257 09/11/2025 PRINTED 104496 AQUATECH WATER SYSTEMS IN 944.00 2026258 09/11/2025 PRINTED 016414 DESTINY ARCE 399.42
2026259 09/11/2025 PRINTED 105129 ART IN METAL USA LLC 5,000.00 2026260 09/11/2025 PRINTED 100765 MUNISERVICES / AVENU INSI 4,074.38 2026261 09/11/2025 PRINTED 103384 AVIATRIX COMMUNICATIONS 800.00 2026262 09/11/2025 PRINTED 016416 ERIK AYALA 29.44
2026263 09/11/2025 PRINTED 100413 B & H PHOTO 1,521.85
2026264 09/11/2025 PRINTED 103994 BANNER BANK 125,947.88 2026265 09/11/2025 PRINTED 100203 BARBARA SINATRA CHILDRENS 246.50 2026266 09/11/2025 PRINTED 016223 JOSE BARRAGAN 2,280.51 2026267 09/11/2025 PRINTED 016563 AARON BERGESON 434.41 2026268 09/11/2025 PRINTED 105355 GUILLERMO BERZUNZA 1,456.00 2026269 09/11/2025 PRINTED 100366 BIO TOX LABORATORIES 5,112.00 2026270 09/11/2025 PRINTED 105168 BIRD ROCK SYSTEMS INC 23,311.97 2026271 09/11/2025 PRINTED 105300 BLUETRITON BRANDS INC 1,220.18 2026272 09/11/2025 PRINTED 015890 BRAD BOKATH 95.00
2026273 09/11/2025 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 45,491.00 2026274 09/11/2025 PRINTED 101203 BUREAU VERITAS NORTH AMER 16,406.80 2026275 09/11/2025 PRINTED 105256 INLAND MOVING AND STORAGE 37,850.00 2026276 09/11/2025 PRINTED 100551 CAPIO 30.00
2026277 09/11/2025 PRINTED 103633 CARAHSOFT TECHNOLOGY CORP 352,936.20 2026278 09/11/2025 PRINTED 103604 CAROLLO ENGINEERS INC 22,293.50 2026279 09/11/2025 PRINTED 105287 MATT CARTWRIGHT 12,000.00 2026280 09/11/2025 PRINTED 104992 CAT CITY AUTO BODY INC 15,096.10 2026281 09/11/2025 PRINTED 100112 CDW GOVERNMENT INC 8,364.82 2026282 09/11/2025 PRINTED 100456 CENGAGE LEARNING INC/GALE 3,600.00 2026283 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 144.56 2026284 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 144.56 2026285 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2026286 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 220.02 2026287 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,708.12 2026288 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 170.00 2026289 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 180.00 2026290 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2026291 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,312.30 2026292 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 266.95 Item 1D - Page 5
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/11/2025 10:34
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026293 09/11/2025 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2026294 09/11/2025 PRINTED 100558 CINTAS CORPORATION 1,324.84 2026295 09/11/2025 PRINTED 105174 CLIFTONLARSONALLEN LLP 3,150.00 2026296 09/11/2025 PRINTED 100308 CLINICAL LABORATORY OF SA 65.00 2026297 09/11/2025 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 13,110.11 2026298 09/11/2025 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 11,432.07 2026299 09/11/2025 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 2,840.00 2026300 09/11/2025 PRINTED 105103 FITNESS REPAIR SHOP INC 671.83 2026301 09/11/2025 PRINTED 101634 CODE 3 TECHNOLOGY LLC 4,509.84 2026302 09/11/2025 PRINTED 100205 NANCY K BOHL INC 1,212.75 2026303 09/11/2025 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 437.00 2026304 09/11/2025 PRINTED 100490 COACHELLA VALLEY CONSERVA 1,702.80 2026305 09/11/2025 PRINTED 100318 DATA TICKET INC 1,761.12 2026306 09/11/2025 PRINTED 105285 DEARK E AND C INC 231,705.00 2026307 09/11/2025 PRINTED 100265 DELL MARKETING LP 19,237.81 2026308 09/11/2025 PRINTED 100067 DEMCO 110.09
2026309 09/11/2025 PRINTED 103589 DESERT ARC 90.00
2026310 09/11/2025 PRINTED 103589 DESERT ARC LANDSCAPING 22,185.00 2026311 09/11/2025 PRINTED 100048 DESERT FIRE EXTINGUISHER 2,591.50 2026312 09/11/2025 PRINTED 100580 DESERT PROMOTIONAL EMBROI 1,487.90 2026313 09/11/2025 PRINTED 100008 GANNETT CALIFORNIA LOCAL 4,635.24 2026314 09/11/2025 PRINTED 105187 DOTY AND SONS CONCRETE PR 45,090.00 2026315 09/11/2025 PRINTED 100393 GERGIS YOUSEF 15,929.76 2026316 09/11/2025 PRINTED 100294 DUDEK 90,545.83
2026317 09/11/2025 PRINTED 100274 ENGINEERING RESOURCES OF 1,062.60 2026318 09/11/2025 PRINTED 105010 ENPRO ELEVATOR, INC 41,850.00 2026319 09/11/2025 PRINTED 103451 FIESTA FORD INC 88,057.10 2026320 09/11/2025 PRINTED 101575 FIRETRUCKS UNLIMITED LLC 128,124.00 2026321 09/11/2025 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,055.36 2026322 09/11/2025 PRINTED 101723 FROG ENVIRONMENTAL INC 2,883.13 2026323 09/11/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,116.30 2026324 09/11/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 7,817.34 2026325 09/11/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,885.76 2026326 09/11/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 497.59 2026327 09/11/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 871.70 2026328 09/11/2025 PRINTED 101683 FS.COM INC 2,085.63
2026329 09/11/2025 PRINTED 101470 GA TECHNICAL SERVICES INC 25,687.00 2026330 09/11/2025 PRINTED 105263 GELATO A GO GO LLC 7,500.00 2026331 09/11/2025 PRINTED 100169 GENSLER 63,430.60
2026332 09/11/2025 PRINTED 103948 PUSH MEDIA INC 57,476.01 2026333 09/11/2025 PRINTED 100480 GREATER PALM SPRINGS ANIM 705.12 2026334 09/11/2025 PRINTED 100480 GREATER PALM SPRINGS ANIM 109,612.00 2026335 09/11/2025 PRINTED 016554 DEAN GRUBL 2,379.96
2026336 09/11/2025 PRINTED 011032 FRANK GUARINO 905.28
2026337 09/11/2025 PRINTED 104089 TRINIDAD GUTIERREZ 15.00 2026338 09/11/2025 PRINTED 016413 JEANETTE GUZMAN 19.00 2026339 09/11/2025 PRINTED 101343 HARRIS AND ASSOCIATES INC 266,695.50 2026340 09/11/2025 PRINTED 105447 RANI HAYEK 4,128.00
2026341 09/11/2025 PRINTED 104744 HAZEN AND SAWYER DPC 8,145.00 2026342 09/11/2025 PRINTED 105452 JASON E HERNANDEZ 5,100.00 2026343 09/11/2025 PRINTED 105222 HI LITE AIRFIELD SERVICES 552,652.25 2026344 09/11/2025 PRINTED 100877 WILLIE HOLLAND 7,197.95 Item 1D - Page 6
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/11/2025 10:34
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026345 09/11/2025 PRINTED 105424 DC HUMPHRYS CO INC 1,430.10 2026346 09/11/2025 PRINTED 104958 INTERNATIONAL COUNCIL OF 20,000.00 2026347 09/11/2025 PRINTED 103588 IED SUPPORT SERVICES LLC 23,000.00 2026348 09/11/2025 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 419,491.70 2026349 09/11/2025 PRINTED 100119 INTERACTIVE DESIGN CORPOR 9,035.00 2026350 09/11/2025 PRINTED 104298 INTERVISTAS CONSULTING US 17,779.50 2026351 09/11/2025 PRINTED 101364 IT1 SOURCE LLC 8,649.45 2026352 09/11/2025 PRINTED 103751 JOBELEPHANT.COM INC 229.00 2026353 09/11/2025 PRINTED 100496 MAJA KALABIC 315.00
2026354 09/11/2025 PRINTED 016217 STEPHANIE LAING 39.34 2026355 09/11/2025 PRINTED 100475 LEADERSHIP COACHELLA VALL 1,600.00 2026356 09/11/2025 PRINTED 100332 LIEBERT CASSIDY WHITMORE 101,785.08 2026357 09/11/2025 PRINTED 104395 LIFF HAPPENS INC 1,021.00 2026358 09/11/2025 PRINTED 101260 THE LLOYD PEST CONTROL 2,827.00 2026359 09/11/2025 PRINTED 101309 LNRS DATA SERVICES INC. 2,020.75 2026360 09/11/2025 PRINTED 015824 KEVIN LU 33.38
2026361 09/11/2025 PRINTED 101612 MARVINS AUTO PAINT INC. 279.50 2026362 09/11/2025 PRINTED 100074 MATICH CORPORATION 3,160,830.41 2026363 09/11/2025 PRINTED 101253 FIRE PROTECTION SERVICE C 623.96 2026364 09/11/2025 PRINTED 105455 CHARLES MCFALL 53.00
2026365 09/11/2025 PRINTED 100079 MOHICA TOWING 1,905.00 2026366 09/11/2025 PRINTED 016133 JOHNATHAN MOSLEY 413.97 2026367 09/11/2025 PRINTED 016742 AUSTIN MURPHY 2,070.72 2026368 09/11/2025 PRINTED 101304 MWH CONSTRUCTORS INC 43,342.38 2026369 09/11/2025 PRINTED 101211 NAI CONSULTING 12,633.88 2026370 09/11/2025 PRINTED 103465 DESERT AREA CORPORATION 2,036.74 2026371 09/11/2025 PRINTED 015603 YRENE NAVARRO 29.12
2026372 09/11/2025 PRINTED 104463 NEIGHBORHOOD PARTNERSHIP 40,250.00 2026373 09/11/2025 PRINTED 104404 NETWORK SERVICES COMPANY 10,226.70 2026374 09/11/2025 PRINTED 016749 STEPHANIE NUNEZ-NOLASCO 2,070.72 2026375 09/11/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 9,248.98 2026376 09/11/2025 PRINTED 100282 PACIFIC PRODUCTS AND SERV 14,106.25 2026377 09/11/2025 PRINTED 100560 PALM DESERT CHAMBER OF CO 425.00 2026378 09/11/2025 PRINTED 100133 PALM SPRINGS MOTORS 521.21 2026379 09/11/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 190.80 2026380 09/11/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 572.40 2026381 09/11/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 90.00 2026382 09/11/2025 PRINTED 103828 PAVEMENT COATINGS CO 163,831.24 2026383 09/11/2025 PRINTED 104363 PAX FITNESS REPAIR LLC 1,173.48 2026384 09/11/2025 PRINTED 105274 PLASCO LLC 104.07
2026385 09/11/2025 PRINTED 101882 POLICE OFFICERS' ASSOCIAT 25,994.72 2026386 09/11/2025 PRINTED 101455 PROFESSIONAL INTERPRETING 1,050.00 2026387 09/11/2025 PRINTED 101767 PROFORMA SOCAL 907.30 2026388 09/11/2025 PRINTED 100596 PROPER SOLUTIONS INC 7,014.66 2026389 09/11/2025 PRINTED 100178 PUBLIC RELATIONS SOCIETY 332.00 2026390 09/11/2025 PRINTED 101580 QUINN POWER SYSTEMS 5,655.83 2026391 09/11/2025 PRINTED 101230 R S AND H CALIFORNIA INC 7,424.75 2026392 09/11/2025 PRINTED 100718 RACHEL REEDY DVM 2,922.56 2026393 09/11/2025 PRINTED 016206 CARLOS RAMIREZ 144.04 2026394 09/11/2025 PRINTED 104486 RED HAWK SERVICES INC 42,490.34 2026395 09/11/2025 PRINTED 101739 REFRIGERATION SUPPLIES DI 3,738.42 2026396 09/11/2025 PRINTED 105004 RENEWELL FLEET SERVICE LL 1,465.77 Item 1D - Page 7
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/11/2025 10:34
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026397 09/11/2025 PRINTED 016750 VICTOR REYES 2,070.72 2026398 09/11/2025 PRINTED 016658 JOHN RIOS 370.77
2026399 09/11/2025 PRINTED 105380 RIVCO MECHANICAL SERVICES 275.00 2026400 09/11/2025 PRINTED 102760 RIVERSIDE CONSTRUCTION CO 28,055.87 2026401 09/11/2025 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2026402 09/11/2025 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2026403 09/11/2025 PRINTED 103678 ROADRUNNER PRINTING AND S 367.25 2026404 09/11/2025 PRINTED 105034 ROBSON HANDLING TECHNOLOG 7,117.84 2026405 09/11/2025 PRINTED 015021 ROSA ROMO 603.45
2026406 09/11/2025 PRINTED 016549 DUSTIN ROW 299.48
2026407 09/11/2025 PRINTED 104059 SAME DAY EXPRESS LLC 1,037.50 2026408 09/11/2025 PRINTED 015690 STEVEN SANDERS 1,125.00 2026409 09/11/2025 PRINTED 101542 SC COMMERCIAL 9,404.03 2026410 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 45.74 2026411 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 45.74 2026412 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,199.12 2026413 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 203.13 2026414 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 105.94 2026415 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 126.82 2026416 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 50.41 2026417 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,908.33 2026418 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 111.79 2026419 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 135.54 2026420 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 26.73 2026421 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,482.24 2026422 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 128.04 2026423 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 753.11 2026424 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 40,760.78 2026425 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 12,466.74 2026426 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,156.16 2026427 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 55,642.91 2026428 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,400.36 2026429 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 300.30 2026430 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 316.43 2026431 09/11/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 353.98 2026432 09/11/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,225.67 2026433 09/11/2025 PRINTED 101677 SOCAL PPE LLC 2,578.68 2026434 09/11/2025 PRINTED 100330 SOURCE GRAPHICS 2,435.18 2026435 09/11/2025 PRINTED 100000 SOUTH COAST AQMD 3,340.97 2026436 09/11/2025 PRINTED 104322 SOUTHERN CONTRACTING COMP 37,123.49 2026437 09/11/2025 PRINTED 104441 SOUTHSTAR ENGINEERING AND 41,636.75 2026438 09/11/2025 PRINTED 100120 SPOK INC 53.70
2026439 09/11/2025 PRINTED 100084 STERICYCLE INC LLC SHRED 162.37 2026440 09/11/2025 PRINTED 103901 STEVE P RADOS INC 2,393,009.70 2026441 09/11/2025 PRINTED 100122 SUN BADGE COMPNAY 4,294.63 2026442 09/11/2025 PRINTED 104938 SUNBELT RENTALS INC 2,202.11 2026443 09/11/2025 PRINTED 104878 SVT FLEET LLC 16,983.72 2026444 09/11/2025 PRINTED 103046 TERRACON CONSULTANTS INC 2,595.90 2026445 09/11/2025 PRINTED 101852 TESLA ENERGY OPERATIONS I 12,771.97 2026446 09/11/2025 PRINTED 104184 TK ELEVATOR CORPORATION 1,870.00 2026447 09/11/2025 PRINTED 100031 TOPS N BARRICADES INC 864.82 2026448 09/11/2025 PRINTED 015883 MIGUEL TORRES 717.96
Item 1D - Page 8
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/11/2025 10:34
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026449 09/11/2025 PRINTED 104308 WS CHIEF CORNERSTONE INC 7,580.00 2026450 09/11/2025 PRINTED 016345 JASON UNDERWOOD 446.60 2026451 09/11/2025 PRINTED 104834 UNIFIRST CORPORATION 442.02 2026452 09/11/2025 PRINTED 100405 UNION PACIFIC RAILROAD CO 6,179.24 2026453 09/11/2025 PRINTED 101784 V AND V MANUFACTURING 173.53 2026454 09/11/2025 PRINTED 100200 VALLEY LOCK AND SAFE 865.58 2026455 09/11/2025 PRINTED 100066 VALLEY MAIL DELIVERY 3,008.25 2026456 09/11/2025 PRINTED 105456 CANDACE VANCE 53.00
2026457 09/11/2025 PRINTED 100129 VCA ANIMAL HOSPITALS INC 224.97 2026458 09/11/2025 PRINTED 104034 VERDE FACILITIES SERVICES 1,524.34 2026459 09/11/2025 PRINTED 104950 VETERANS COMMUNICATION SE 16,800.43 2026460 09/11/2025 PRINTED 105371 JAMES E VIGLIONE 9,652.31 2026461 09/11/2025 PRINTED 100121 VISIT GREATER PALM SPRING 51,945.39 2026462 09/11/2025 PRINTED 103646 VIVID STAGING SOLUTIONS 9,863.89 2026463 09/11/2025 PRINTED 104523 VPM RENTS INC 3,460.00 2026464 09/11/2025 PRINTED 104523 VPM RENTS INC 1,700.00 2026465 09/11/2025 PRINTED 015525 JULIE WARREN 11.41
2026466 09/11/2025 PRINTED 100299 WILLDAN FINANCIAL SERVICE 950.00 2026467 09/11/2025 PRINTED 100223 WILLIAMS SCOTSMAN INC 241.93 2026468 09/11/2025 PRINTED 104438 RYAN YBARRA 5,290.00
2026469 09/11/2025 PRINTED 105128 JEFF ZISCHKE 5,000.00 229 CHECKS CASH ACCOUNT TOTAL 9,658,971.59 .00
Item 1D - Page 9
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/11/2025 10:34
User: AnaF
Program ID: apchkrcn
UNCLEARED CLEARED
229 CHECKS FINAL TOTAL 9,658,971.59 .00
** END OF REPORT - Generated by Ana Fisher **
Item 1D - Page 10
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/25/2025 12:09
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026487 09/25/2025 PRINTED 104375 4LEAF INC 52,850.00
2026488 09/25/2025 PRINTED 100180 AMERICAN ASSOCIATION OF A 13,200.00 2026489 09/25/2025 PRINTED 100180 AMERICAN ASSOCIATION OF A 10,000.00 2026490 09/25/2025 PRINTED 104726 ACCENTURE LLP 7,102.50 2026491 09/25/2025 PRINTED 100024 ACE PRINTING 1,005.10 2026492 09/25/2025 PRINTED 100292 ADMINSURE INC 20,799.00 2026493 09/25/2025 PRINTED 101573 ADVANCE PROPERTY EXPOSURE 6,500.00 2026494 09/25/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 32,510.32 2026495 09/25/2025 PRINTED 100403 AETNA 20,325.59
2026496 09/25/2025 PRINTED 104401 HEALTH AND HUMAN RESOURCE 1,141.90 2026497 09/25/2025 PRINTED 105459 ULYSSES LORENZO AGUAYO 500.00 2026498 09/25/2025 PRINTED 101254 AIR EXCHANGE INC 5,572.08 2026499 09/25/2025 PRINTED 101198 AIR TREATMENT CORPORATION 3,823.06 2026500 09/25/2025 PRINTED 100345 AIRPORT QUICK WASH 440.00 2026501 09/25/2025 PRINTED 100925 ALCAZAR PALM SPRINGS LLC 6,850.00 2026502 09/25/2025 PRINTED 101327 US SECURITY ASSOCIATES IN 197,286.79 2026503 09/25/2025 PRINTED 103797 ALLISON MECHANICAL INC 50,397.24 2026504 09/25/2025 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 9,963.60 2026505 09/25/2025 PRINTED 104468 ALOE PALM CANYON LP 3,600.00 2026506 09/25/2025 PRINTED 100912 ALPHA MEDIA LLC 2,480.00 2026507 09/25/2025 PRINTED 100755 ALTA LANGUAGE SERVICES IN 213.00 2026508 09/25/2025 PRINTED 101245 THE ALTUM GROUP 3,700.00 2026509 09/25/2025 PRINTED 016511 PAUL ALVARADO 119.00
2026510 09/25/2025 PRINTED 100572 AMAZON COM 66.44
2026511 09/25/2025 PRINTED 103781 AMAZON.COM SALES INC 2,121.50 2026512 09/25/2025 PRINTED 100383 AMERICAN FORENSIC NURSES 2,664.00 2026513 09/25/2025 PRINTED 105147 AMERIFLEX 640.25
2026514 09/25/2025 PRINTED 104496 AQUATECH WATER SYSTEMS IN 472.00 2026515 09/25/2025 PRINTED 103528 ARCHITECTURAL RESOURCES G 56,635.15 2026516 09/25/2025 PRINTED 103716 ARROWHEAD SCIENTIFIC INC/ 1,077.65 2026517 09/25/2025 PRINTED 104905 ASM CONSULTING & INVESTIG 8,975.49 2026518 09/25/2025 PRINTED 100370 AT&T 308.40
2026519 09/25/2025 PRINTED 105325 AT&T MOBILITY LLC 402.40 2026520 09/25/2025 PRINTED 103897 AXON ENTERPRISE INC 4,697.75 2026521 09/25/2025 PRINTED 105302 JAKE BACHMAN 1,250.00 2026522 09/25/2025 PRINTED 100203 BARBARA SINATRA CHILDRENS 252.00 2026523 09/25/2025 PRINTED 105250 MYKOLA ZAIETS 51,768.41 2026524 09/25/2025 PRINTED 015894 SCOTT BIEGEN 24.64
2026525 09/25/2025 PRINTED 101696 BLACK AND WHITE EMERGENCY 12,273.34 2026526 09/25/2025 PRINTED 015747 AMY BLAISDELL 2,015.93 2026527 09/25/2025 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 662,998.64 2026528 09/25/2025 PRINTED 015989 LISA BROCK 19.32
2026529 09/25/2025 PRINTED 100128 BRODART CO 28,438.51
2026530 09/25/2025 PRINTED 101203 BUREAU VERITAS NORTH AMER 4,190.50 2026531 09/25/2025 PRINTED 101681 CALIFORNIA BARRICADE RENT 1,239.74 2026532 09/25/2025 PRINTED 100347 CALIFORNIA BUILDING OFFIC 480.00 2026533 09/25/2025 PRINTED 103778 CALIFORNIA WATER OPERATOR 400.00 2026534 09/25/2025 PRINTED 105449 CALIFORNIA WATERS DEVELOP 394,610.20 2026535 09/25/2025 PRINTED 100551 CAPIO 30.00
2026536 09/25/2025 PRINTED 103604 CAROLLO ENGINEERS INC 19,062.50 2026537 09/25/2025 PRINTED 101837 CASC ENGINEERING AND CONS 7,792.50 2026538 09/25/2025 PRINTED 100112 CDW GOVERNMENT INC 1,740.89 Item 1D - Page 11
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/25/2025 12:09
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026539 09/25/2025 PRINTED 103619 CHANDLER ASSET MANAGEMENT 14,956.28 2026540 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,000.00 2026541 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2026542 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2026543 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 3,239.98 2026544 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 269.98 2026545 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2026546 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 229.99 2026547 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2026548 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2026549 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 167.93 2026550 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2026551 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,283.90 2026552 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2026553 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2026554 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2026555 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2026556 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2026557 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 130.00 2026558 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2026559 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 130.00 2026560 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2026561 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2026562 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 209.99 2026563 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 100.00 2026564 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 270.00 2026565 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 300.00 2026566 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 293.37 2026567 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 220.02 2026568 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 319.99 2026569 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 110.00 2026570 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 399.75 2026571 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,419.75 2026572 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,095.75 2026573 09/25/2025 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 829.00 2026574 09/25/2025 PRINTED 100353 CHARTER COMMUNICATIONS / 156.25 2026575 09/25/2025 PRINTED 100308 CLINICAL LABORATORY OF SA 65.00 2026576 09/25/2025 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 125,000.00 2026577 09/25/2025 PRINTED 105103 FITNESS REPAIR SHOP INC 875.00 2026578 09/25/2025 PRINTED 105340 DESERT COMMUNITY COLLEGE 1,637.00 2026579 09/25/2025 PRINTED 104778 COMMONWEALTH BUSINESS BAN 67,405.58 2026580 09/25/2025 PRINTED 104051 CONVERGINT TECHNOLOGIES L 912.60 2026581 09/25/2025 PRINTED 016170 SEAN CORBIN 37.24
2026582 09/25/2025 PRINTED 101598 CORODATA RECORDS MANAGEME 75.21 2026583 09/25/2025 PRINTED 101750 COSTAR GROUP 1,125.67 2026584 09/25/2025 PRINTED 100205 NANCY K BOHL INC 2,924.00 2026585 09/25/2025 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 6,776.50 2026586 09/25/2025 PRINTED 100196 COUNTY OF RIVERSIDE 40,716.54 2026587 09/25/2025 PRINTED 104945 CVL ECONOMICS LLC 1,000.00 2026588 09/25/2025 PRINTED 100115 DANIELS TIRE SERVICE INC 8,273.44 2026589 09/25/2025 PRINTED 100318 DATA TICKET INC 6,075.79 2026590 09/25/2025 PRINTED 104952 DATASTREAM TECHNOLOGY CON 14,189.17 Item 1D - Page 12
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/25/2025 12:09
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026591 09/25/2025 PRINTED 100265 DELL MARKETING LP 1,057.52 2026592 09/25/2025 PRINTED 100067 DEMCO 267.42
2026593 09/25/2025 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 541.00 2026594 09/25/2025 PRINTED 103589 DESERT ARC 45.00
2026595 09/25/2025 PRINTED 103589 DESERT ARC 845.00
2026596 09/25/2025 PRINTED 100580 DESERT PROMOTIONAL EMBROI 471.96 2026597 09/25/2025 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 3,169.60 2026598 09/25/2025 PRINTED 104812 DIGITALRADIUS 225.00
2026599 09/25/2025 PRINTED 100254 DOKKEN ENGINEERING 16,842.47 2026600 09/25/2025 PRINTED 101244 DOWNS ENERGY 31,997.47 2026601 09/25/2025 PRINTED 100393 GERGIS YOUSEF 14,103.65 2026602 09/25/2025 PRINTED 100294 DUDEK 88,930.95
2026603 09/25/2025 PRINTED 101179 MARIANA DUSPIVA 1,120.00 2026604 09/25/2025 PRINTED 100054 DESERT WATER AGENCY 3,887.93 2026605 09/25/2025 PRINTED 104203 EMD CONSTRUCTION INC 34,659.67 2026606 09/25/2025 PRINTED 100274 ENGINEERING RESOURCES OF 43,267.10 2026607 09/25/2025 PRINTED 100226 ENTERPRISE RENT A CAR 1,764.54 2026608 09/25/2025 PRINTED 105431 EQUIFAX INC 50.00
2026609 09/25/2025 PRINTED 105440 EVERGREEN SOLUTIONS LLC 12,487.50 2026610 09/25/2025 PRINTED 101922 FAMILY HEALTH AND SUPPORT 683.00 2026611 09/25/2025 PRINTED 016242 ANTHONY FELT IV 507.15 2026612 09/25/2025 PRINTED 103451 FIESTA FORD INC 55,830.33 2026613 09/25/2025 PRINTED 101575 FIRETRUCKS UNLIMITED LLC 135,124.00 2026614 09/25/2025 PRINTED 105465 FLAIR AIRLINES LTD 5,000.00 2026615 09/25/2025 PRINTED 101194 FLEX ADVANTAGE 677.25 2026616 09/25/2025 PRINTED 105466 MATTHEW FRAZER 65.00
2026617 09/25/2025 PRINTED 100395 FRIENDS OF THE PALM SPRIN 927.30 2026618 09/25/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 90.18 2026619 09/25/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 886.70 2026620 09/25/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2026621 09/25/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,381.89 2026622 09/25/2025 PRINTED 101470 GA TECHNICAL SERVICES INC 4,530.19 2026623 09/25/2025 PRINTED 100158 GALLS LLC 910.73
2026624 09/25/2025 PRINTED 100049 GOVERNMENT FINANCE OFFICE 75.00 2026625 09/25/2025 PRINTED 103824 GOVOS INC 7,500.00
2026626 09/25/2025 PRINTED 015160 STEPHANIE GREEN 133.20 2026627 09/25/2025 PRINTED 101672 GULF CALIFORNIA BROADCAST 1,885.00 2026628 09/25/2025 PRINTED 105437 TANAYA HALL 3,600.00
2026629 09/25/2025 PRINTED 101343 HARRIS AND ASSOCIATES INC 166,554.86 2026630 09/25/2025 PRINTED 104744 HAZEN AND SAWYER DPC 2,540.00 2026631 09/25/2025 PRINTED 104383 HD SUPPLY INC 4,563.37 2026632 09/25/2025 PRINTED 100729 HIRE RIGHT LLC 1,384.92 2026633 09/25/2025 PRINTED 100877 WILLIE HOLLAND 5,117.32 2026634 09/25/2025 PRINTED 100483 INFOSAT 226.38
2026635 09/25/2025 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 301.00 2026636 09/25/2025 PRINTED 101505 INTENT DIGITAL LLC 4,300.00 2026637 09/25/2025 PRINTED 100119 INTERACTIVE DESIGN CORPOR 640.00 2026638 09/25/2025 PRINTED 104298 INTERVISTAS CONSULTING US 6,632.00 2026639 09/25/2025 PRINTED 101727 IRON MOUNTAIN 2,830.80 2026640 09/25/2025 PRINTED 101364 IT1 SOURCE LLC 32,299.80 2026641 09/25/2025 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 167,484.11 2026642 09/25/2025 PRINTED 104139 DIRK KLICK 85.61
Item 1D - Page 13
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/25/2025 12:09
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026643 09/25/2025 PRINTED 105467 SHARON KNIGHT 44.00
2026644 09/25/2025 PRINTED 105038 KRAFIX DESIGN INC 5,242.50 2026645 09/25/2025 PRINTED 100127 L N CURTIS AND SONS 40,520.50 2026646 09/25/2025 PRINTED 016217 STEPHANIE LAING 15.12 2026647 09/25/2025 PRINTED 101225 LAZ PARKING CALIFORNIA LL 26,154.25 2026648 09/25/2025 PRINTED 101187 LEADSONLINE LLC 6,360.00 2026649 09/25/2025 PRINTED 100404 LIN LINES INC. 3,079.58 2026650 09/25/2025 PRINTED 105088 LIVEVIEW TECHNOLOGIES INC 13,077.23 2026651 09/25/2025 PRINTED 101260 THE LLOYD PEST CONTROL 3,973.00 2026652 09/25/2025 PRINTED 101513 MARTHA'S VILLAGE AND KITC 776,991.59 2026653 09/25/2025 PRINTED 105469 LAW OFFICES OF MARTIN & M 5,910,000.00 2026654 09/25/2025 PRINTED 101612 MARVINS AUTO PAINT INC. 3,630.30 2026655 09/25/2025 PRINTED 101253 PYE BARKER / FIRE PROTECT 308.02 2026656 09/25/2025 PRINTED 105353 MCR TECHNOLOGIES 4,258.89 2026657 09/25/2025 PRINTED 104365 MEDIWASTE DISPOSAL LLC 275.00 2026658 09/25/2025 PRINTED 101798 MIDWEST TAPE INC 239.03 2026659 09/25/2025 PRINTED 100079 MOHICA TOWING 2,737.50 2026660 09/25/2025 PRINTED 101855 MOTOWORX GARAGE 2,990.68 2026661 09/25/2025 PRINTED 104922 MAURO P GARCIA 173,486.12 2026662 09/25/2025 PRINTED 101304 MWH CONSTRUCTORS INC 22,842.38 2026663 09/25/2025 PRINTED 101211 NAI CONSULTING 8,400.50 2026664 09/25/2025 PRINTED 103465 DESERT AREA CORPORATION 480.65 2026665 09/25/2025 PRINTED 104404 NETWORK SERVICES COMPANY 908.00 2026666 09/25/2025 PRINTED 104057 DONNA S NEWTON 1,984.50 2026667 09/25/2025 PRINTED 100417 NI GOVERNMENT SERVICES IN 315.63 2026668 09/25/2025 PRINTED 103572 NV5 INC 10,716.00
2026669 09/25/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 335.98 2026670 09/25/2025 PRINTED 104266 OFRS INC 88,855.04
2026671 09/25/2025 PRINTED 101293 OPTERRA ENERGY SERVICES L 2,115.00 2026672 09/25/2025 PRINTED 103171 OREILLY AUTO ENTERPRISES 2,742.85 2026673 09/25/2025 PRINTED 105333 PACIFIC CASTLE RIMROCK LL 13,862.31 2026674 09/25/2025 PRINTED 100282 PACIFIC PRODUCTS AND SERV 7,324.68 2026675 09/25/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2026676 09/25/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 292.78 2026677 09/25/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 4,306.20 2026678 09/25/2025 PRINTED 100087 PALM SPRINGS INTERNATIONA 50,000.00 2026679 09/25/2025 PRINTED 104197 PINNACLE PALM SPRINGS LLC 800.00 2026680 09/25/2025 PRINTED 105011 PITNEY BOWES GLOBAL FINAN 133.38 2026681 09/25/2025 PRINTED 105053 PRECISION GARAGE DOORS AN 10,125.00 2026682 09/25/2025 PRINTED 101767 PROFORMA SOCAL 1,531.90 2026683 09/25/2025 PRINTED 100596 PROPER SOLUTIONS INC 15,078.63 2026684 09/25/2025 PRINTED 100654 PS RESORTS 61,271.36
2026685 09/25/2025 PRINTED 104609 PALM SPRINGS HOSPITALITY 20,000.00 2026686 09/25/2025 PRINTED 101580 QUINN POWER SYSTEMS 83,746.92 2026687 09/25/2025 PRINTED 101230 R S AND H CALIFORNIA INC 12,798.00 2026688 09/25/2025 PRINTED 100718 RACHEL REEDY DVM 1,326.42 2026689 09/25/2025 PRINTED 101629 THE RAMSAY GROUP 14,475.00 2026690 09/25/2025 PRINTED 101527 RATTLE TECH LLC 559.99 2026691 09/25/2025 PRINTED 101739 REFRIGERATION SUPPLIES DI 5,085.76 2026692 09/25/2025 PRINTED 105004 RENEWELL FLEET SERVICE LL 22,995.96 2026693 09/25/2025 PRINTED 105460 JESSE RHODES 800.00
2026694 09/25/2025 PRINTED 105380 RIVCO MECHANICAL SERVICES 890.00 Item 1D - Page 14
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/25/2025 12:09
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026695 09/25/2025 PRINTED 100628 RIVERSIDE COUNTY CLERK 208.00 2026696 09/25/2025 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2026697 09/25/2025 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 740.59 2026698 09/25/2025 PRINTED 103678 ROADRUNNER PRINTING AND S 704.67 2026699 09/25/2025 PRINTED 101429 SANBORN ARCHITECTURE GROU 4,000.00 2026700 09/25/2025 PRINTED 101542 SC COMMERCIAL 1,727.15 2026701 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 122,602.13 2026702 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 159.75 2026703 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 21.05 2026704 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 37.25 2026705 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 232.40 2026706 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 413.77 2026707 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 550.37 2026708 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 12,152.68 2026709 09/25/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 85,271.70 2026710 09/25/2025 PRINTED 105458 OMAR SERRANO 65.00
2026711 09/25/2025 PRINTED 104407 R & R B INC 34,389.68 2026712 09/25/2025 PRINTED 100435 THE SHREDDERS 185.00
2026713 09/25/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 30.47 2026714 09/25/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 30.23 2026715 09/25/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 332.45 2026716 09/25/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 19,711.93 2026717 09/25/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 35,682.64 2026718 09/25/2025 PRINTED 101822 SO CAL LAND MAINTENANCE I 20,079.94 2026719 09/25/2025 PRINTED 101677 SOCAL PPE LLC 1,288.06 2026720 09/25/2025 PRINTED 100000 SOUTH COAST AQMD 736.57 2026721 09/25/2025 PRINTED 101356 ST FRANCIS ELECTRIC LLC 187,627.00 2026722 09/25/2025 PRINTED 101441 STALKER RADAR 589.68
2026723 09/25/2025 PRINTED 100284 STANTEC CONSULTING SVCS I 4,021.00 2026724 09/25/2025 PRINTED 100340 SUPERIOR PAVEMENT MARKING 128,820.00 2026725 09/25/2025 PRINTED 104878 SVT FLEET LLC 38,079.42 2026726 09/25/2025 PRINTED 105457 MOSES TEE 15.00
2026727 09/25/2025 PRINTED 103046 TERRACON CONSULTANTS INC 2,595.90 2026728 09/25/2025 PRINTED 016035 MICHAEL TORRES 1,300.00 2026729 09/25/2025 PRINTED 104308 WS CHIEF CORNERSTONE INC 1,205.00 2026730 09/25/2025 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 7,000.00 2026731 09/25/2025 PRINTED 101391 TRANSUNION RISK AND ALTER 483.87 2026732 09/25/2025 PRINTED 105290 TRIPEPI SMITH AND ASSOCIA 4,078.75 2026733 09/25/2025 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 1,500.00 2026734 09/25/2025 PRINTED 102712 TSG ENTERPRISES, INC. 24,772.00 2026735 09/25/2025 PRINTED 100386 U S CUSTOMS SERVICE 1,232.01 2026736 09/25/2025 PRINTED 100063 UNDERGROUND SERVICE ALERT 661.32 2026737 09/25/2025 PRINTED 104834 UNIFIRST CORPORATION 421.16 2026738 09/25/2025 PRINTED 100469 UNITED CONDOMINIUM CORPOR 162,217.00 2026739 09/25/2025 PRINTED 100114 UNITED RENTALS 9,279.71 2026740 09/25/2025 PRINTED 100188 UNITED STATES DEPARTMENT 389.57 2026741 09/25/2025 PRINTED 104368 UNIVERSAL GREEN LLC 92,823.22 2026742 09/25/2025 PRINTED 100295 US BANK CORPORATE PAYMENT 174,331.62 2026743 09/25/2025 PRINTED 100384 US BANK 2,970.00
2026744 09/25/2025 PRINTED 100034 US POSTAL SERVICE 1,450.00 2026745 09/25/2025 PRINTED 015437 NANCY VALDIVIA 12.46
2026746 09/25/2025 PRINTED 105461 ENRIQUE VALENCIA 65.00 Item 1D - Page 15
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/25/2025 12:09
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2026747 09/25/2025 PRINTED 100200 VALLEY LOCK AND SAFE 1,866.92 2026748 09/25/2025 PRINTED 100129 VCA ANIMAL HOSPITALS INC 676.95 2026749 09/25/2025 PRINTED 100267 VEOLIA WATER NORTH AMERIC 548,110.86 2026750 09/25/2025 PRINTED 104034 VERDE FACILITIES SERVICES 3,324.19 2026751 09/25/2025 PRINTED 100621 VERIZON BUSINESS 234.06 2026752 09/25/2025 PRINTED 100144 VERIZON WIRELESS 3,891.69 2026753 09/25/2025 PRINTED 100144 VERIZON WIRELESS 93.63 2026754 09/25/2025 PRINTED 100144 VERIZON WIRELESS 8,635.88 2026755 09/25/2025 PRINTED 100144 VERIZON WIRELESS 2,819.28 2026756 09/25/2025 PRINTED 100144 VERIZON COMMUNICATIONS IN 2,425.51 2026757 09/25/2025 PRINTED 100144 VERIZON COMMUNICATIONS IN 3,619.46 2026758 09/25/2025 PRINTED 104950 VETERANS COMMUNICATION SE 18,893.65 2026759 09/25/2025 PRINTED 100050 VISION SERVICE PLAN 7,032.08 2026760 09/25/2025 PRINTED 015525 JULIE WARREN 41.93
2026761 09/25/2025 PRINTED 100156 WAXIE SANITARY SUPPLY 1,371.84 2026762 09/25/2025 PRINTED 100233 WESTERN PUMP INC. 257.50 2026763 09/25/2025 PRINTED 103973 WEX HEALTH INC 2,366.10 2026764 09/25/2025 PRINTED 100223 WILLIAMS SCOTSMAN INC 211.67 2026765 09/25/2025 PRINTED 104635 WOODCLIFF CORPORATION 1,280,706.14 2026766 09/25/2025 PRINTED 100908 YAMADA SPA MANAGEMENT INC 129.50 280 CHECKS CASH ACCOUNT TOTAL 13,421,749.47 .00
Item 1D - Page 16
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 09/25/2025 12:09
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
280 CHECKS FINAL TOTAL 13,421,749.47 .00
** END OF REPORT - Generated by Patrick Wynhoff **
Item 1D - Page 17
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 22, 2025 CONSENT CALENDAR
SUBJECT: APPROVE AN AGREEMENT WITH THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION (RCTC) FOR FUNDING UNDER
SENATE BILL (SB) 821, BICYCLE AND PEDESTRIAN FACILITIES
PROGRAM, FOR THE RACQUET CLUB ROAD RECONFIGURATION,
CITY PROJECT 22-21B
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
This action requests the City Council approve an agreement with the Riverside County Transportation Commission (RCTC) for funding under SB 821, Bicycle and Pedestrian Facilities Program, for the Racquet Club Road Reconfiguration, City Project 22-21B (the “Project”).
RECOMMENDATION:
1) Approve Agreement No. _____ (RCTC Agreement No. 25-62-135-00), 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 Racquet Club Road Reconfiguration, City Project 22-21B; 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 Item 1E - Page 1
City Council Staff Report
October 22, 2025 -- Page 2
Approve Agreement with RCTC for SB 821 Funds for Racquet Club Road Reconfiguration Racquet Club 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 – Racquet Club Road Reconfiguration, City Project 22-21B 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 September 2025, four in-person & online 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 200 comments were received, and all feedback was considered in the design.
Of these comments, 125 comments were focused on traffic calming (i.e., issues with noise, trucks, speeding, pedestrian and bike safety). Thirty comments were not in support of bike lanes, lane reductions, or traffic calming ideas, or the comment did not apply to the project.
Item 1E - Page 2
City Council Staff Report
October 22, 2025 -- Page 3
Approve Agreement with RCTC for SB 821 Funds for Racquet Club Road Reconfiguration During this stage, the design team and Staff coordinated with the Fire Department and Police Department to confirm if there were any emergency response concerns regarding the proposed road reconfiguration along Racquet Club Road. There were no concerns stated by the Police Department, however at the Fire Department’s request, a Fire Response Study was prepared to evaluate potential impacts on emergency response times within the area served by Fire Station No. 3.
The study focused on the response data provided by the Fire Department, existing conditions with and without the road reconfiguration, and projected conditions through the year 2040. The study showed that, with the road reconfiguration and no other corridor changes, emergency response times are projected to increase by between 2.7 to 63 seconds.
The fire response travel study was coordinated with the Fire Department and travel time data indicates a worst-case scenario for increases in travel time. The proposed design will incorporate countermeasures with associated crash reduction factors that can provide a safer environment for all users of the corridor with the potential to reduce collisions. The reconfiguration will consist of painted lane markings only, with no barriers or obstructions that would prevent emergency vehicles from maneuvering as needed.
On September 17, 2025 the findings of the Response Study were shared with the community at the fourth and final community meeting of the Project. Resident feedback from this community meeting included:
• Addressing speeding throughout the corridor
• Retaining on-street parking on Racquet Club Road
• Managing vehicle delay along the corridor through traffic signal improvements • Increasing pedestrian and cyclist safety and visibility The majority of residents who participated in the four community meetings expressed support for the implementation of the project.
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 Racquet Club Road Reconfiguration, and the other being the South Palm Canyon Road Reconfiguration.
On June 11, 2025, RCTC approved 13 projects for funding out of the 33 applications received. The Racquet Club Road Reconfiguration was selected as one of six in the Coachella Valley. The South Palm Canyon Road Reconfiguration project was also selected by RCTC, and the City Council accepted the funding on September 10, 2025.
Item 1E - Page 3
City Council Staff Report
October 22, 2025 -- Page 4
Approve Agreement with RCTC for SB 821 Funds for Racquet Club Road Reconfiguration Staff recommends approval of this agreement for reimbursement of Project costs not to exceed $727,986, representing a 50% match of the project costs. With this approval, Staff will resume completion of the construction documents for bidding. 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 $750,000
Fund 261 - Capital Improvement $500,000
Design Services ($364,600)
Project Administration (Estimated) ($40,000)
Construction Administration/Inspection (Estimated) ($125,000) Construction Contract Estimate ($1,245,600)
Construction Contingency (15%) ($186,840)
Budget Remaining: $15,946
REVIEWED BY:
City Engineer: Joel Montalvo
Assistant City Manager: Flinn Fagg
Director of Finance: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. RCTC agreement No. 25-62-135-00
Item 1E - Page 4
Attachment A
Item 1E - Page 5
1 AGREEMENT No. 25-62-135-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation 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. RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.
B. Under 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. On February 3rd, 2025, a CALL FOR PROJECTS was published by RCTC seeking applications for FY 2025/26 PROGRAM funding, which applications were reviewed in accordance with the applicable evaluation criteria included in the CALL FOR PROJECTS.
D. Based on the application attached as Attachment 1 and incorporated herein by this reference, RECIPIENT has been selected to receive PROGRAM funding for its proposed Racquet Club Road Reconfiguration Project (“PROJECT”).
E. Funding 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, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties mutually agree as follows:
1. Incorporation 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. RCTC 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\43921133
Item 1E - 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 scope 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) applicable 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\43921133
Item 1E - 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\43921133
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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 Audits. 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. RECIPIENT shall provide at least Seven Hundred Ninety-One Thousand One Hundred Fourteen Dollars ($791,114) 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 shall 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 laws, 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\43921133
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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 restricted 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, this AGREEMENT may not be assigned by any Party hereto except with the prior written consent of the other Party. 17336.00005\43921133
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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\43921133
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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 identifying 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. Notwithstanding 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\43921133
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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 applicant 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 authorized 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 Party 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\43921133
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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\43921133
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10 SIGNATURE PAGE
TO
AGREEMENT NO. 25-62-135-00
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\43921133
Item 1E - Page 15
Attachment 1
ATTACHMENT 1
(RECIPIENT APPLICATION FOR FUNDING)
17336.00005\43921133
Item 1E - Page 16
Questionnaire Tab
Email address: [email protected]
Project Name: Racquet Club 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 1E - Page 17
0 0
0 Project Application Tab
Project Number: 000224 Agency: Palm
Springs
Project Type: Bicycle Project, Pedestrian Project
Project Name: Racquet Club Road
Reconfiguration Project
Status: Submitted To RCTC
A. Scope of Work (500 Characters)
The Racquet Club Road Reconfiguration Project will introduce Class II bicycle facilities and a sidewalk gap closure along Racquet Club Road and Farrell Drive from Palm Canyon Drive to Via Escuela. 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:
188,800.00
ROW:
Construction:
1,245,600.00
Administration:
0.00 Total Project
Cost:
1,519,100.00
20% Programming Cap: $1,455,972.60
Agency Split %
Local Match:
791,114.00 52%
SB 821
Request: 727,986.00 48%
100%
RCTC Split %
Local Match:
791,114.00 52%
SB 821
Request: 727,986.00 48%
100%
Item 1E - 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 02/26/2025
PS & E: 02/27/2025 09/01/2025
ROW: / / / /
Construction: 09/02/2025 01/05/2026
Close out: 01/06/2026 02/06/2026
Item 1E - 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 the active transportation network to create a comprehensive system for walking, biking, and to su pport first-last mile connections to transit within the community. The City's integration with the regional CV Link trail network allows for the opport unity to create a robust local network that connects cyclists and pedestrians to the larger regional system, providing a wider range of commute options and recreational opportunities. The project corridor spans approximately two miles from N Palm Canyon Drive to Via Escuela along Racq uet Club Road / Farrell Drive. This corridor serves as an east-west community connection in Palm Springs. At the easternmost segment, Racquet Club Road curves into a north/south orientation and is subsequently identified as N Farrell Drive. Racquet Club Road / Farrell Drive has a speed li mit of 45 miles per hour.
As shown in Figure 1 (refer to Attachments), the corridor primarily consists of low to medium density residential areas, with portions dedicated to parks, recreation, and mixed-use development. While the area surrounding the project corridor is mostly residential, there are a few key activity generators throughout Racquet Club Road such as Victoria Park, which is adjacent to Vista Del Monte Elementary School. The park features play structures, athletic facilities, and recreational green space. Also, within a mile of the corridor are shopping centers, Riviera Resort and Spa, Deser t Regional Medical Center, and Raymond Cree Middle School. Currently, Racquet Club Road consists of four undivided travel lanes with some seg ments allowing street parking and some segments featuring a center two-way left turn lane. Adjacent to Racquet Club Road, there is a Class II b ike lane along Avenida Caballeros and a Class III bike route at Via Escuela. There are sidewalk gaps along the project corridor, creating accessib ility and safety challenges for pedestrians to navigate. A high-level summary of the project is shown in Table 1.
Palm Springs also has a large senior population, many of whom are retirees. 33.8% of the City’s population is 65 years of age or older, which is rou ghly double the national average according to American Community Survey’s 2023 5-Year Estimates. Seniors are more likely than other ages to r ely on alternative modes of transportation such as walking, biking, or transit. 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 user s, particularly seniors. The road reconfiguration aims to enhance safety, manage speeds, and create connectivity for active transportation mod es. Improvements along Racquet Club Road / Farrell Drive will also focus on closing the sidewalk gaps to expand pedestrian facilities and enhan ce pedestrian safety.
The Racquet Club Road Reconfiguration Project aligns with the city’s broader vision for a safer, more connected, and multimodal transportation network. Community outreach was a fundamental part of the development of this project, including three in-person and virtual community meet ings (in September 2024, November 2024, and February 2025), a project website, an interactive map, and a project e-mail. Several conceptual c ross section options for various segments of the corridor were presented for public feedback at a community meeting on September 18th, 2024, as shown in Figure 8 (see Community Outreach Materials). This feedback was used to develop the recommended conceptual cross sections sho wn in Figure 9 based on the community feedback. Throughout this community outreach process, approximately 120 comments were provided on the interactive map, and over 200 community comments in total were received. These 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: htt ps://engagepalmsprings.com/road-reconfiguration-projects The interactive map can be viewed here: https://app.publiccoordinate.com/#/projects/PalmSpringsRacquetClubRoad/map Item 1E - 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 multiuse 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 provides an overview of the destinations served by Racquet Club Road and that will be within one mile of the proposed bike lanes and si dewalk gap closures. The are a total of 12 destinations served within a 1 mile radius of the proposed bike facilities. The bike facilities will provide a ccess to a mix of destinations, including three shopping centers, a grocery store, two public schools and a private school, several hotels and reso rts, Victoria Park, and the Desert Regional Medical Center. 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 a reduction of Vehicle Miles Traveled (VMT), lower transportation costs for residents and visitors, and a reduction in colli sions, 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 1E - Page 21
Safety Hazards
According to the Transportation Injury Mapping System (TIMS), there were 65 crashes resulting in injuries along the corridor in the 10-year period from 2014 to 2023. These crashes included one fatality, six serious injuries, 25 resulting in other visible injuries, and 33 resulting in complaints of pai n. There was one cyclist-involved crash, which resulted in a visible injury, and three pedestrian crashes, two of which resulted in serious injuries a nd another in a non-serious visible injury. There were likely more incidents along the corridor, as this crash data does not account for non-injury c ollisions, unreported collisions, and near miss collisions. A map of the crashes occurring along this corridor is shown in Figure 3.
Sidewalk gaps exist on the north side of the roadway, as seen in Figure 4. Figure 5 and Figure 6 show examples of existing sidewalk gaps along R acquet Club Road. This includes a narrow section of sidewalk near 390 E Racquet Club Road. This limits accessibility along Racquet Club Road fo r residents and visitors to access nearby destinations. Currently, cyclists using the roadway must either take up a full lane, ride along the right si de of the lane, or ride along the sidewalk, which features sidewalk gaps and obstacles. There are no markings for cyclists on the roadway, includ ing Class III facilities or “sharrows”. This prioritizes vehicular traffic along this corridor and can cause drivers to not expect to share the road with c yclists.
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 Racquet Club Road will create a safer environment for active transportation us ers through the creation of dedicated and separate spaces for bikes, pedestrians, and vehicles to traverse the roadway safely and with greater awareness of one another’s presence. The reduction of travel lanes in each direction from two to one will dedicate less road space to vehicles an d encourage lower speeds, and provide a greater sense of comfort for cyclists. The reconfiguration will also reduce the number of lanes that cycl ists need 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 cor ridor. Class II bike lanes have greater safety impacts through increased visibility of cyclists, and because they offer more appropriate traffic than 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.
Safety Countermeasures
The Racquet Club Road Reconfiguration Project, spanning from N Palm Canyon Drive to Via Escuela in Palm Springs, will include safety counterm easures recommended by the Federal Highway Administration (FHWA) to help enhance bicyclists and pedestrian safety. These safety counterm easures include road reconfiguration (bike improvements) and pedestrian improvements.
Currently, the project corridor does not include any dedicated bicycle facilities. Additionally, Racquet Club Road connects to adjacent existing Cl ass II bike lanes at Avenida Caballeros and a Class III bike route at Via Escuela.
The proposed bicycle lanes configuration would require reallocating existing right-of-way from travel lanes to include the following:
• a six-foot bike lane on both sides of the road beside a two-foot striped buffer • a twelve-foot center turn lane
• convert one travel lane in each direction into a dedicated eight-foot curb-side parking lane Through reconfiguring the public right-of-way and adding Class II bicycle lanes, the Project will promote safer cycling conditions, encourage mul timodal transportation, and reduce conflicts between cyclists and motor vehicles.
Additionally, the Project will help reduce potential walkway hazards and improve sidewalk continuity improvements. The Project will reduce pote ntial hazards by providing an accessible walkway that benefit all users including those with mobility issues, particularly senior citizens. Approxim ately 550 feet east of the intersection of N Palm Canyon Drive at Racquet Club Drive, the sidewalk on the north side currently transitions from 6 fee t to 3 feet along a 280-foot stretch of the corridor. The Project will add a curb extension at this location to Indian Canyon Drive to maintain a sidew alk width of at least four feet and continuous sidewalk along one side of the Project corridor, enhancing walkability and pedestrian safety.
By implementing these FHWA-recommended safety countermeasures, the Racquet Club Road Reconfiguration Project will create a more acces sible and multimodal corridor for cyclists and pedestrians. These improvements will help reduce conflicts, enhance visibility, and encourage acti ve transportation for a more connected community.
Safety Benefits
The Racquet Club road Reconfiguration Project will increase pedestrian and cyclist safety and visibility along the project corridor. The project will introduce Class II bike lanes with a striped buffer along a 45-mile-per-hour corridor to separate cyclists from vehicles, reducing potential motori st and cyclist conflicts. Adding a striped buffer will also allow vehicles to access the parking lane and delivery trucks to access mailboxes facing Racquet Club Road. The addition of bicycle facilities along Racquet Club Road will connect to adjacent Class II bike lanes and Class III bike routes , enhancing the City’s bicycle network connectivity. The road reconfiguration will help manage and create more consistent speeds along the proj ect corridor, which mainly serves residential land uses. Additionally, the Project will close sidewalk gaps to create a continuous and accessible ro ute for pedestrians along one side of the corridor. In addition to this, the City plans to reassess speed limits along the corridor through the latest s peed limit legislation which provides additional flexibility to reduce speed limits by five miles per hour on safety corridors.
Item 1E - Page 22
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, 4, and Tripper 200 provide service near the project area. A summary of transit service in the project area is shown in Table
2. In total the project serves 43 bus stops within a 1-mile radius of the proposed bike lanes. Transit service is provided to destinations within Palm Springs, such as the Palm Springs International Airport and downtown, as well as neighboring communities such as Rancho Mirage, Palm Desert, Cathedral City and Desert Hot Springs. The Tripper 200 is part of Sunline’s School Tripper Service, which provides connections to schools within th e Coachella Valley. Tripper 200 provides connections to Palm Springs High School. The project provides the opportunity to create first-last mile c onnections to those using transit service to access schools in the area.
H. Matching Funds (max 10 points)
10% Programming Cap: $727,986.30
Agency
Local Match:
791,114.00
SB 821 Request:
727,986.00
20% Programming Cap:
$1,455,972.60
Split % Match Points
52% 10.00
48%
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 1E - Page 23
J. Attachments
Upload attachments indicated from previous sections.
Title Document Type
Local Match Commitment - Racquet Club.pdf Commitment to Local Match 2025.04.23 - Racquet Club Road_Conceptual Plans_v2.pdf Title Sheet Racquet Club Road Env Clearance.pdf Environmental Document Multimodal Access Project Map -- Racquet Club Rd.pdf Multimodal Access Project Map Community Outreach Materials -- Racquet Club Rd.pdf Project Background & Project Description Map Engineers Estimate -- Racquet Club Rd.pdf Project's Engineers Estimate Safety Project Map -- Racquet Club Rd.pdf Safety Project Map Destinations Served Project Map -- Racquet Club Rd.pdf Destinations Served Project Map Project Background and Project Description -- Racquet Club Rd.pdf Project Background & Project Description Map 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 1E - Page 24
Map Tab
Project Number: 000224 Agency: Palm Springs
Project Type: Bicycle Project, Pedestrian Project
Project Name: Racquet Club Road Reconfiguration
Project
Status: Submitted To RCTC
Item 1E - Page 25
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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 Racquet Club Road Reconfiguration Project
Dear Members of the Selection Committee,
This letter is intended to memorialize the City of Palm Springs’ commitment to delivering the Racquet Club 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 support 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 $188,800 $188,800 $0 FY 24-25 / 25-26 Measure J
R/W N/A N/A N/A N/A Measure J
CON $517,614 $1,245,600 $727,986 FY 25-26 Measure J
Total $791,114 (52%) $1,519,100 $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 1E - Page 26
1 PROJECT LOCATION
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
BICYCLE AND PEDESTRIAN
IMPROVEMENT PLANS
FOR
RACQUET CLUB ROAD
(PROJECT #22-21B)
SHEET 2 SHEET 2 SHEET 3 SHEET 3 SHEET 4 SHEET 4 SHEET 5 SHEET 5 SHEET 6
SHEET 7
SHEET 7 INDIAN CANYON DR NN VIA MIRALESTE N AVENIDA CABALLEROS N HERMOSA DR N SUNRISE WAY N CERRITOS RD
E VIA ESCUELA
E VISTA CHINO
N PALM CANYON DR
RACQUET CLUB ROAD NORTH FARRELL DRIVE
NORTH FARRELL DRIVE
Item 1E - Page 27
SHEET INDEX
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FOR REVIEW ONLY
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EXISTING SPEED LIMIT: 45 MPH
2 NORTH NORTH PALM CANYON DRIVE N ZANJERO ROAD INDIAN CANYON DRIVE LEGEND:
Item 1E - Page 28
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Item 1E - Page 29
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Item 1E - Page 30
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CITY OF PALM SPRINGS, CALIFORNIA
RACQUET CLUB ROAD
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Item 1E - Page 31
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NOT FOR
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30% CONCEPTUAL
DESIGN
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EXISTING SPEED LIMIT: 45 MPH NORTH FARRELL DRIVE
RACQUET CLUB ROAD NORTH FARRELL DRIVE
LEGEND:
Item 1E - Page 32
SEE SHEET
6 MATCH LINE STA 146+00 MATCH LINE STA 158+00 SEE BELOW LEFT SEE ABOVE RIGHT MATCH LINE STA 158+00 NORTH
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EXISTING SPEED LIMIT: 45 MPH EAST VIA ESCUELA CLARKE ROAD SHARON ROAD EAST DESERT PARK AVE EAST VISTA CHINO (HWY 111) LEGEND:
Item 1E - Page 33
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SIGNALIZED INTERSECTION
CITY OF PALM SPRINGS, CALIFORNIA
RACQUET CLUB ROAD
RECONFIGURATION PROJECT
1 1 1 1 Ir\1IrJAI ,
30% CONCEPTUAL
DESIGN
FOR REVIEW ONLY
NOT FOR
CONSTRUCTION
SHEET
OF 7
The Racquet Club Road Project will introduce Class II bicycle facilities and a sidewalk gap closure along Racquet Club Road and Farrell Drive from N Palm Canyon Drive to Via Escuela. 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 buƯer. 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 1E - Page 34
Figure 7: Transit Stops within 1 Mile of Project
Item 1E - Page 35
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~ MOUNTAIN - UPPER
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--Project limits
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cf MIDTOWN SUNRISE PARK SUN MOR ~
~ - 1-Mile Buffer from
•" - .J Project Area
.~ - Sunline Transit Routes ·o 0,5 2 Mi E A nd reas Rd
Table 2: Transit Service through Study Area
Route Streets Served in Project
Area
Destinations
1WV Vista Chino
N Palm Canyon Drive
Indian Canyon Drive
Palm Canyon at Stephens in Palm
Springs to Town Center at Hahn in
Rancho Mirage
2 Gene Autry Trail
E Vista Chino
S Sunrise Way
West at Pierson in Desert Hot Springs
to B St at Buddy Rogers in Cathedral
City
4 E Vista Chino
N Sunrise Way
E San Rafael Drive
Indian Canyon Drive
Rosa Parks Road
N Palm Canyon Drive
W Racquet Club Road
Town Center at Hahn in Rancho Mirage
to El Cielo and E Baristo road near Palm
Springs Intl. Airport in Palm Springs
Tripper 200 Ramon Road
S Palm Canyon Drive
West at First in Desert Hot Springs to
Farrell and E Baristo in Palm Springs
Item 1E - Page 36
Figure 8: Example Conceptual Cross Section Options Presented on September 18th, 2024 Item 1E - Page 37
CONCEPTUAL CROSS SECTIONS
Existing Conaitions
-
-------4'------
~cdon 0-D: N Plllm c,.inyon Drto Indian Canyon Dr
()pl/on I: l'w<>-IV•y Cycle TrM:k Op/ion 2: Class~ Bike Lane< Opli .. 3: Two-W.y Cycle Track ' wit> Park/r,g (Bolt! Sides/
.ai-i!tW -..~...i- EB 'lill "lr~~-. ~
Op~on 4: Class IV Bike L11,es
w,t/1 Parklll(J (Bath Sit/ts/ J • WB EB ,..&..&.., 7, ~ ,~ ,__,_ ., V. 7 - Option S: Cfs,ss II s;ke LarJes with
Cl/rbside P/Jrl<ing /lll!tll SI/Ifs)
Figure 9: Proposed Alternative Presented on February 25th, 2025 Item 1E - Page 38
N Palm Cyn Dr to Indian Cyn Dr Conceptual Cross Sections Indian Cyn Dr to Via Escuela Considerations:
A
Proposed Alternative retains parking, creates consistent striping across both segments, promotes manageable vehicle speeds, and allows emergency vehicle access.
Existing Conditions
■■ B
Proposed Alternative: Class II Bike Lanes with Center
Tum Lane and Curbside Parking (Both Sides)
City of Palm Springs 4/23/2025
TOTAL COST
$1,038,000
$1,038,000
CONTINGENCY (20%) $207,600
$1,245,600
Racquet Club Road Reconfiguration
Opinion of Probable Construction Cost
Bid Item Totals
BASE BID TOTAL PER LOCATION
Racquet Club Road Reconfiguration
BASE BID SUB TOTAL
TOTAL
Figure 10: Engineer's Estimate
Item 1E - Page 39
COST QUANTITY
FACTOR (EACH) TOTAL
SY $80.00 233 $18,667
LF $90.00 450 $40,500
SF $25.00 2500 $62,500
EA $10,000.00 1 $10,000
Civil Total $131,667
COST QUANTITY
FACTOR (EACH) TOTAL
EA $500.00 70 $35,000
LF $5.00 3790 $18,950
LF $5.00 1550 $7,750
LF $5.00 17740 $88,700
LF $5.00 1230 $6,150
LF $5.00 7350 $36,750
LF $5.00 90 $450
LF $5.00 1750 $8,750
LF $5.00 24170 $120,850
LF $5.00 13670 $68,350
LF $5.00 7870 $39,350
SF $17.00 6120 $104,040
SF $17.00 8550 $145,350
LF $10.00 70 $700
EA $250.00 30 $7,500
EA $250.00 21 $5,250
EA $250.00 2 $500
EA $250.00 2 $500
EA $250.00 2 $500
EA $250.00 57 $14,250
EA $250.00 57 $14,250
EA $250.00 57 $14,250
LS $5,000.00 1 $5,000
LS $5,000.00 1 $5,000
$748,140
SUMMARY
131,667
748,140
880,000
26,000
44,000
88,000
Total 1,038,000
1,038,000
Clearing and Grubbing (3%)
Traffic Control (5%)
Mobilization (10%)
Install Traffic Stripe Detail 29 Per Caltrans Standard Plans Install Traffic Stripe Detail 9 Per Caltrans Standard Plans Install Traffic Stripe Detail 27B Per Caltrans Standard Plans Install Traffic Stripe Detail 32 Per Caltrans Standard Plans Install Pavement Marking Type IV (R) Arrow Per Caltrans Standard Plans A24A Install Pavement Marking XING Per Caltrans Standard Plans A24D Install Pavement Marking CROSSING Per Caltrans Standard Plans A24D Install Pavement Marking Bike Lane Arrow per Caltrans Standard Plans A24A Install Pavement MarkingLANE per Caltrans Standard Plans A24D Remove Pavement Markings
Install Pavement Marking BIKE per Caltrans Standard Plans A24D
TOTAL CONSTRUCTION COST ESTIMATE
Install Traffic Stripe Detail 37B Per Caltrans Standard Plans Install 12" White Diagonals. Location per Plan
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 Signing and Striping Total
Install 4' Green-Colored Pavement Marking
Install Green-Colored Bike Lane Pavement Marking
Install Pavement Marking SCHOOL Per Caltrans Standard Plans A24D Install Pavement Marking Type IV (L) Arrow Per Caltrans Standard Plans A24A Civil Total
Signing and Striping Total
Project Subtotal
Remove Pavement Striping
Install 12" White Stop Bar Bar Per City Standard 625
DESCRIPTION UNIT
Furnish and Install Sign and Post
Install Traffic Stripe Detail 22 Per Caltrans Standard Plans Remove Existing Sidewalk
Construct New Curb & Gutter
Construct Concrete Sidewalk (Width Per Plan)
Furnish and Install Complete Curb Ramp
DESCRIPTION UNIT
Figure 10: Engineer's Estimate Detailed
Item 1E - Page 40
I I I I I I
Figure 3: Crashes along South Palm Canyon Drive (2014-2023) Item 1E - Page 41
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Item 1E - Page 42
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Vista Del Monte Elementary School
Victoria Park
Palm Springs Marketplace
Sunrise Square Shopping Center
Raymond Cree Middle School
Montessori School of Palm Springs
Riviera Resort and Spa Palm Springs
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Figure 6: Sidewalk Gap Located along 360, 344, and 320
Racquet Club Road
Item 1E - Page 43
Figure 2: Key Destinations near Project Area
Item 1E - Page 44
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Table 1: Key Project Information
Item Quantity or Description
Project Cost $1,519,100
Destinations Served 12
Number of Crashes (2014-2023) 65
Fatal or Severe Injury Crashes (2014
– 2023)
7 Bicycle Crashes (2014 – 2023) 1
Pedestrian Crashes (2014 – 2023) 3
Bus Routes Served 4 (1WV, 2, 4, 200Tripper)
Bus Stops Served 43
Safety Countermeasures • Road Reconfiguration (Bike
Improvements):
• six-foot bike lane on both sides of the
road beside 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
• Pedestrian Improvements:
• Sidewalk gap closure and bulb-out near
390 E Racquet Club Road
Item 1E - Page 45
Figure 1: Project Overview and Limits
Item 1E - Page 46
-~ ~ .. -. ._,,
RACQUET CLUB ROAD - -
RECONFIGURATION PROJECT •
PROJECT OVERVIEW AND LIMITS
Class II Bike Lane
LEGEND
- Project Corridor for Proposed Bike Facility
W
- Class II Bike Lane
- Class Ill Bike Route
11 Traffic Calming Zone
General Plan Land Use
Estate Residential
Very Low/low Density Residential
Medium/High Density Residential
Tourist ResorVNeighbolllood/
community commercial
• Mixed Use/Multi-Use
OfficeAndustlial
Public/Quasi-Public
• School
• Airport
• Open Space - Palks/Recreation
• Open Space - Water
E San Rafael Dr
Vista Del Monte
Elementary School
Palm Springs Fire
Department Station
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The project corridor spans from N Palm canyon to Vista Chino (Hwy 111) along Racquet Club Road / Fa1rell Drive. The purpose of the project is to connect residential communitiies, and commercial areas within Palm Springs .
The road reconfiguration proje,ct foct1ses on:
O introducing bicycle facilities O addressing traffic operations 0 creating pedestrian improvements O enhancing existing public right of way 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\43921133
Item 1E - Page 47
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\43921133
Item 1E - Page 48
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\43921133
Item 1E - Page 49
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 22, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF RESOLUTION TO ACCEPT PETITION CERTIFICATION
OF OLD LAS PALMAS UNDERGROUND UTILITY ASSESSMENT
DISTRICT NO. 1, INITIATE FORMATION OF THE DISTRICT AND
PROCEED WITH ASSESSMENT ENGINEER’S REPORT AND
BALLOTING
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:
Residents within a roughly 30-acre area of the Old Las Palmas Neighborhood have submitted a petition to the City of Palm Springs (City) that was signed by at least 60 percent of the affected property owners requesting formation of Underground Utility Assessment District Number 1. The next step in the assessment district process would be for the City to deposit funds from the Neighborhood Committee for Consulting fees and direct our on-Call Assessment Engineer to prepare an Engineer's Report and to circulate ballots for a property owner vote on a proposed assessment. Staff would assist the process by developing and soliciting a property owner vote in the coming months to be based on a conservative cost estimate developed at the completion of the schematic level design.
RECOMMENDATION:
1. Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding); and
2. Adopt Resolution No. _____, A Resolution of the City Council of the City of Palm Springs, California, Accepting Petition of Old Las Palmas Assessment District No. 1; and
3. Authorize staff to collect deposits from the Old Las Palmas Neighborhood in an amount sufficient to order the necessary Assessment Engineering Services from Item 1F - Page 1
City Council Staff Report
October 22, 2025 -- Page 2
Old Las Palmas Underground Utility Assessment District No. 1 our on-call Assessment Engineer to prepare the Engineer’s Report in compliance with Proposition 218.
4. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
On November 21, 2024, City Council approved an ordinance amending Chapter 8.04 of the Municipal Code and codifying a procedure for the formation of new underground utility districts. A group of residents within the Old Las Palmas neighborhood approached the City with an interest in forming an assessment district under the California Public Utilities Commission (CPUC) Rule 20B program to facilitate undergrounding their overhead utilities (electric, phone and cable). The Neighborhood Committee has followed the City’s Underground Utility District Formation Guidelines for Rule 20B and Rule 20C Projects, adopted 11-21-2024 (“Guidelines”) and completed the exploratory and petition phases.
The undergrounding project is planned within the public right-of-way and would cover a portion of the Old Las Palmas neighborhood of approximately 30-acres. Attachment A shows the boundaries of properties within the proposed Assessment District, which is generally bounded by North Palm Canyon Drive to the east, W. Mountain View Place to the north, North Via Monte Vista to the west and W. Alejo Rd. to the south.
STAFF ANALYSIS:
The property owners of Proposed Underground Assessment District No. 1 for the Old Las Palmas Neighborhood (AD 1) have submitted a petition to the City requesting a Special Assessment District be formed, pending approval of a district-wide vote, to finance the undergrounding of overhead utilities within the proposed district. The boundaries of the proposed AD 1 are shown on Attachment A.
One of the initial steps in the district formation process is the circulation of the Petition for Special Assessment Proceedings (Petition). An example of the Petition form is shown on Attachment B. Proponents of AD 1 circulated the Petition to property owners within the proposed district and have now submitted the petition signatures to the City. The submitted signatures represent just over 60 percent of the assessable land within the proposed district. The City's guidelines require a minimum of 60 percent in favor of the district in order to proceed with the formation of a district. The City' s consultant, NV5 Inc., has reviewed and certified that owners representing over 60 percent of the assessable property within proposed AD 1 have signed the Petition in support of undergrounding overhead utilities.
Staff is proposing that the expedited formation process be utilized for this district, which is outlined in the Underground Utility District Formation Guidelines for Rule 20B and Rule 20C Projects adopted 11-21-2024 (“Guidelines”). This process reduces the financial risk to the City and builds on the momentum started during the signature gathering time for the Petition. The process proposed will be as follows: City staff collects a deposit from the Item 1F - Page 2
City Council Staff Report
October 22, 2025 -- Page 3
Old Las Palmas Underground Utility Assessment District No. 1 Neighborhood Committee and retains an assessment engineer to prepare the Engineer's Report and prepare ballots for the property owners to vote on the undergrounding proposal. The vote will be based on a conservative cost estimate developed at the completion of the schematic level design rather than waiting for the completion of all the necessary utility company design work (which can typically range between 18- 24 months).
If the vote for AD 1 is successful, with formation completed, the City will then direct final utility design. It is estimated to take approximately two years after a successful early vote to complete the design and bid the work. If the vote for AD 1 is unsuccessful, the City will stop all further work and not incur additional design costs.
The City has an on-call professional services agreement with NV5 for Assessment Engineering and upon receipt of fund deposits from the Neighborhood Committee, will order the Assessment Engineer’s report and balloting for AD 1.
ENVIRONMENTAL ASSESSMENTS:
Staff recommend that the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding).
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council Strategic Plan Broad Goal of Infrastructure and Facilities.
FISCAL IMPACT:
No Fiscal Impact on the City. Funding of the Engineer’s Report and balloting will be deposited with the City by the Old Las Palmas Neighborhood Committee. If the Assessment District is successfully formed, and once the City receives funding from Proposed District Bond Issue, the City will reimburse the Deposit out of the Bond funds.
REVIEWED BY:
City Engineer: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
Item 1F - Page 3
City Council Staff Report
October 22, 2025 -- Page 4
Old Las Palmas Underground Utility Assessment District No. 1 ATTACHMENTS:
A. Proposed Assessment District Boundary Map
B. Petition
C Resolution No. _____
Item 1F - Page 4
Attachment A
Item 1F - Page 5
W MOUNTAIN VIEW PL
W CANYON PL
MENTO PL
MENTO PL N VIA MONTE VISTA N CAHUILA RD N BELARDO RDN PATENCIO RD N MISSION RD N PRESCOTT DR N PATENCIO RD
W ALEJO RD
W CHINO DR
CITY OF PALM SPRINGS
OLD LAS PALMAS ASSESSMENT DISTRICT NO.1
ASSESSMENT
DISTRICT
BOUNDARY
10/07/2025
PREPARED BY:
ASSESSMENT DIAGRAM
LEGEND
ON-SITE PARCEL
OFF-SITE PARCELS
POWER POLE TO BE REMOVED
ASSESSMENT DISTRICT AREA BOUNDARY
POWER LINE TO BE REMOVED
PARCELS: 48
DISTANCE: 4,412 LF
POWER POLES TO BE REMOVED: 34
Item 1F - Page 6
1-----------1 l I I J 1-------n •
•
Attachment B
Item 1F - Page 7
City of Palm Springs UUD Petition Package
CITY OF PALM SPRINGS
UNDERGROUND UTILITY ASSESSMENT DISTRICT
INSTRUCTIONS FOR PETITION SIGNATURES
The City’s policies require that the petition be signed by property owners representing at least 60% in area of the assessable property within the boundaries of the proposed Underground Utility Assessment District. The signatures shall be by owners of assessable acreage. "Owner" means only:
a person who, at the time the petition is filed . . ., appears to be the owner upon the assessor's roll or, in the case of transfers of land, or parts thereof, subsequent to the date upon which the last assessor's roll was prepared, appear[s] to be the owner on the records in the county assessor's office which the county assessor will use to prepare the next assessor's roll. If any person signing the petition appears . . . as a joint tenant or tenant-in-common, or as a husband and wife, that property shall be counted as if those persons had signed the petition.
If the person signing the Petition does not appear to be the owner as shown on the records of the County Assessor, evidence should be submitted to support the ownership. If the person is signing on behalf of a corporation, etc., documentation should be presented to show that the person signing the Petition has the authority to do so.
Please note that the Petition should include the following information:
1. Property owner's name
2. Signature of property owner
3. Date of signature
4. Address of Property
5. Telephone and email contact information
6. Assessor's parcel number
FILED IN THE OFFICE OF THE CITY CLERK
THIS _____ DAY OF _______________, 20 ___
______________________________________
BRENDA PREE, MMC, CERA, CITY CLERK
Item 1F - Page 8
City of Palm Springs UUD Petition Package
CITY OF PALM SPRINGS
PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 1
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
TO THE CITY COUNCIL OF THE CITY OF PALM SPRINGS:
1. This petition is submitted to you pursuant to Sections 2804, 5896.5 and 5896.6 of the California Streets and Highways Code to request that the City Council initiate and conduct special assessment proceedings pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, Streets and Highways Code) (the "1913 Act") to establish an assessment district, to be known as the "Underground Utility Assessment District No. 1" (the "Assessment District"), for the purpose of financing a project for the undergrounding of existing overhead utility facilities within the Assessment District (the "Project"), as follows:
a. relocation of existing electricity, telephone and cable television facilities from their present above-ground locations to locations underground, including the removal of existing utility poles and overhead wires;
2. We, the undersigned, are the owners of one or more of the parcels of property located within the boundary shown on the exhibit map attached hereto as Exhibit 1, all of which property is situated within the City of PALM SPRINGS (the "City").
3. We have been advised that the present best estimate of the cost and expense of the Project, bond financing and administration of the Assessment District and bonds issued thereof and therefore the total amount to be assessed to the parcels in this Assessment District is approximately $5,040,000.00 (estimated cost of $105,000 for each of the 48 parcels included in the Assessment District). We are aware that this amount is subject to modification (increase or decrease) during the course of the legal proceedings. We are also aware that these costs do NOT include the costs of connecting the structures on our property to the newly underground facilities, which costs will vary from parcel to parcel and will be an additional cost to each property owner which will not be financed through the Assessment District.
4. In the event that the City Council certifies this petition and the Assessment District is ultimately established, we acknowledge that:
a. The cost of the Project will be charged to the parcels in the Assessment District in proportion to benefit, as determined by you following a public hearing; b. A report will be prepared and filed on the Project and Assessment District, including a detailed cost estimate and a proposed allocation among the benefited parcels of the portion of the costs representing special benefit on the basis of proportionality to the estimated special benefit to each parcel, and that you will conduct a public hearing on the report and will Item 1F - Page 9
City of Palm Springs UUD Petition Package
conduct the assessment ballot procedure required by Article XIII D of the California Constitution;
c. The cost of engineering, legal and other incidental and financing costs, including administration of the Assessment District and the bonds, will be included in the amounts being assessed against the property in the Assessment District, and the cost of connecting our structure to the newly undergrounded facilities will not be included in the assessment;
d. If assessments are levied and recorded as requested by this petition, we will have 30 days following the recording of assessments to pay our assessment in cash, at a discount and without interest; that, upon expiration of the 30-day cash payment period, you will take the required steps to authorize and sell limited obligation improvement bonds under the Improvement Bond Act of 1915 (Section 8500 and following, Streets and Highways Code) or such other provision of law authorized for the financing of such improvements, in the amount of the unpaid assessments; that if we do not pre-pay our assessment in cash, it will become payable over a period of years, with interest and annual administrative costs added; and that the determination respecting the period of years and the interest rate or rates to be established by the bond sale;
e. If assessments are levied, and if we do not pre-pay our assessments, annual installments of principal, interest and administrative costs will be collected on the property tax roll; that such installments will be subject to the same late charges and penalties as for property taxes if we do not pay such installments by the annual December 10 and April 10 deadlines; and that our parcel is subject to foreclosure (no notice of delinquency or grace period) if we do not pay by said annual deadlines; and
f. Pursuant to provisions of Article XIIID of the California Constitution, protests to the proceedings will be counted solely upon the amount proposed to be assessed to the property for which a protest assessment ballot is submitted, as said proposed assessment amount is set forth in the engineer's report (which will NOT include the cost of undergrounding our individual service connection work on our parcel).
g. The boundaries are preliminary and subject to change based on the final assessment engineering.
5. We waive investigation proceedings and all other provisions of Division 4, Streets and Highways Code, as provided in Section 2804 of that Code.
Item 1F - Page 10
City of Palm Springs UUD Petition Package
THE UNDERSIGNED HEREBY CERTIFY AND ACKNOWLEDGE THE FOLLOWING:
1. I AM THE OWNER OF THE PROPERTY IDENTIFIED BELOW.
2. I HAVE REVIEWED A MAP DEPICTING THE PROPOSED BOUNDARIES OF UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 1.
3. I UNDERSTAND THAT THE PROJECT CONSISTS OF THE RELOCATION OF EXISTING OVERHEAD UTILITY FACILITIES TO LOCATIONS.
4. I UNDERSTAND THAT THE ESTIMATED COST TO UNDERGROUND
OVERHEAD UTILITIES IS $105,000.00 PER PARCEL.
5. I UNDERSTAND THAT THERE IS ADDITIONAL INFORMATION ON THE PROJECT ON THE CITY’S WEBSITE:
6. I UNDERSTAND THAT ANY PETITION SUBMITTED TO THE CITY WILL BE A PUBLIC RECORD AVAILABLE FOR INSPECTION.
STREET ADDRESS OF PROPERTY:
ASSESSOR’S PARCEL NO.:
OWNERS NAME (PRINTED):
OWNER’S SIGNATURE:
DATE OF SIGNATURE:
OWNER’S MAILING ADDRESS (IF DIFFERENT):
PHONE:
E-MAIL:
PLEASE SEE NEXT PAGE
FOR THE BOUNDARY MAP FOR PROPOSED
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 1
Item 1F - Page 11
W MOUNTAIN VIEW PL
W CANYON PL
MENTO PL
MENTO PL N VIA MONTE VISTA N CAHUILA RD N BELARDO RDN PATENCIO RD N MISSION RD N PRESCOTT DR N PATENCIO RD
W ALEJO RD
W CHINO DR
CITY OF PALM SPRINGS
OLD LAS PALMAS ASSESSMENT DISTRICT NO.1
ASSESSMENT
DISTRICT
BOUNDARY
10/07/2025
PREPARED BY:
ASSESSMENT DIAGRAM
LEGEND
ON-SITE PARCEL
OFF-SITE PARCELS
POWER POLE TO BE REMOVED
ASSESSMENT DISTRICT AREA BOUNDARY
POWER LINE TO BE REMOVED
PARCELS: 48
DISTANCE: 4,412 LF
POWER POLES TO BE REMOVED: 34
Item 1F - Page 12
1-----------1 l I I J 1-------n •
•
City of Palm Springs UUD Petition Package
Signature
Printed Name
CERTIFICATE OF PETITION CIRCULATION
STATE OF CALIFORNIA
RIVERSIDE COUNTY
CITY OF PALM SPRINGS
The undersigned, being first duly sworn, deposes and says:
I circulated the petition accompanying this affidavit within the territory shown on the attached petition for UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 1. The persons whose signatures appear on said petition are, to the best of my knowledge, owners of property within the boundary of the district proposed to be formed. Each and all of said persons signed said petition in my presence OR submitted a notarized signature OR acknowledged their signature on the petition to me.
I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE IS TRUE AND CORRECT.
Executed this _____ day of ________________, 20____, at PALM SPRINGS, California. ______________________________________
_______________________________________
Item 1F - Page 13
Attachment C
Item 1F - Page 14
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACCEPTING PETITION OF
OLD LAS PALMAS ASSESSMENT DISTRICT NO. 1
WHEREAS, the owners of certain real property situated in the City of Palm Springs ("City") have filed with the City Clerk several signed counterparts of a petition, requesting the implementation of a project for the undergrounding of certain existing, overhead utility facilities, together with appurtenant work and improvements, as described therein, the cost of which is to be specifically assessed against each parcel of land benefiting from such improvements as shown on an exhibit map attached to the petition; and WHEREAS, the petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804 of the Streets and Highways Code of the State of California and satisfies the requirements for instituting proceedings for the conversion of existing overhead electric and communication facilities to underground locations in accordance with Section 5896.5 of the Streets and Highways Code of the State of California; and WHEREAS, the City Clerk has also received a certificate to the effect that the petition has been signed by persons owning lands constituting more than sixty percent (60%) in area of the land subject to assessment within the proposed assessment district; and
WHEREAS, this City Council finds that the owners of more than sixty percent (60%) in area of the land proposed to be assessed for the proposed improvements, including the owners of more than five of the subject parcels, have signed such petition and that the petition contains the matters required by Sections 2804 and 2804. 5 of the Streets and Highways Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The petition, as filed with the City Clerk, is hereby found to be legally sufficient and is accepted.
SECTION 2. The special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways Code).
SECTION 3. This City Council hereby finds and determines that the public interest and convenience will be served by the taking of such proceedings.
SECTION 4. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not Item 1F - Page 15
Resolution No. _____
affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 5. The City Council finds the adoption of this resolution exempt from the California Environmental Quality Act (" CEQA") pursuant to Section 15302( d) conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
SECTION 6. This action is " final" within the meaning of Streets and Highways Code Section 3012.
SECTION 7. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
SECTION 8. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED THIS ___TH DAY OF ________________, _________.
SCOTT C. STILES
CITY MANAGER, CITY OF PALM SPRINGS
ATTEST:
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
Attachment: Exhibit A - Certificate of Sufficiency of Petition Item 1F - Page 16
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
Item 1F - Page 17
Exhibit “A”
Certificate of Sufficiency of Petition
Item 1F - Page 18
CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS
The undersigned hereby CERTIFIES as follows:
That I am the duly appointed ASSESSMENT ENGINEER of the CITY OF PALM SPRINGS, CALIFORNIA.
That on the 6th day of October, 2025, I reviewed a Petition for the formation of an Assessment District for certain public works improvement, together with appurtenances, appurtenant work and acquisition, where necessary, in a special assessment district known and designated as Underground Utility Old Las Palmas Assessment District No. 1 (hereinafter referred to as the “Assessment District”), a copy of which is on file in the Office of the City Clerk.
The undersigned hereby further specifically certifies as follows:
1. That I caused said Petition to be examined and my examination revealed that said Petition was signed by not less than five (5) owners of assessable land in the proposed Assessment District as shown by the last equalized assessment roll used by the City, owning lands constituting more than fifty percent (50%) of the area of all assessable lands within the proposed Assessment District, all as prescribed by Section 5896.6 of the Streets and Highways Code of the State of California.
2. Said Petition did represent sixty-one and one-tenths of a percent (61.1%) of the assessable area of property within the proposed boundaries of the Assessment District.
Executed this 6th day of October, 2025 at Irvine, California. ____________________________________
JEFFREY M. COOPER, P.E.
NV5, ASSESSMENT ENGINEER
CITY OF PALM SPRINGS
STATE OF CALIFORNIA
Item 1F - Page 19
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 22, 2025 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN THE AMOUNT OF $954,970; APPROVAL OF A
PROFESSIONAL SERVICES AGREEMENT WITH Z&K CONSULTANTS
FOR CONSTRUCTION MANAGEMENT SERVICES, INSPECTION AND
MATERIALS TESTING SERVICES IN THE AMOUNT OF $324,989.10; AND APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL
SERVICES AGREEMENT NO. A8620, WITH KIMLEY-HORN AND
ASSOCIATES, INC., A NORTH CAROLINA CORPORATION, FOR
ADDITIONAL SERVICES IN THE AMOUNT OF $76,789.31 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9
TRAFFIC SIGNAL MODIFICATIONS, FEDERAL-AID PROJECT NO.
HSIPLN-5282(049), CITY PROJECT NO. 18-05
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Award of this construction contract, professional services agreement, and design amendment, will allow the City to proceed with construction of traffic signal improvements at 7 intersections and update several curb ramps to current Americans with Disabilities Act (ADA) guidelines.
RECOMMENDATION:
1. Award a construction contract to Elecnor Belco Electric, Inc., a California corporation, in the amount of $954,970 for the Highway Safety Improvement Program (Cycle 9), Federal Aid Project No. HSIPLN-5282(049), City Project No. 18-05 (“the Project);
2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $143,245 with all change orders reported to the City Council;
3. Approve a Professional Services Agreement with Z&K Consultants, a California corporation, in the amount of $324,989.10 for construction management, inspection and materials testing services;
Item 1G - Page 1
City Council Staff Report
October 22, 2025 -- Page 2
Award Construction Contract HSIP 9 – CP 18-05
4. Approve Amendment No. 2, in the amount of $76,789.31, to the Professional Services Agreement No. A8620, for a new not to exceed amount of $343,210.31 with Kimley Horn and Associates, Inc.; and,
5. Authorize the City Manager or his designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from Elecnor Belco Electric, Inc., Z&K Consultants, and Kimley-Horn are included as Attachment A.
BACKGROUND:
In 2018, the City submitted to Caltrans an application for Federal Highway Safety Improvement Program (HSIP) Cycle 9 funds to upgrade nine (9) traffic signal intersections with the latest in traffic safety equipment, including installation of dilemma detection, protected left-turn phasing, pedestrian countdown timers, upgraded pedestrian push buttons, and upgrading of ADA curb ramps.
On December 27, 2018, the City was awarded the full grant request of $1,702,700 which is 100% grant funded, with no required local match.
On December 19, 2019, City Council approved Program Supplement Agreement No.
F049 to facilitate the use of federal funds for the project. With this approval, the City can obtain reimbursement of up to $303,500 in federal-aid funds toward the environmental and engineering design phase (Preliminary Engineering) for the project.
On November 12, 2020, City Council approved the Professional Services Agreement with Kimley-Horn and Associates, Inc., to prepare the plans, specifications and engineering (PS&E) for a not to exceed amount of $248,329.00. At the time, due to the Covid-19 pandemic, there were significant delays in getting approval on reports submitted to Caltrans for the advancement of the plans and specifications.
On July 22, 2021, the City Council approved Amendment No. 1 to the Professional Services Agreement to Kimley-Horn and Associates, Inc. to provide additional cultural studies as required by Caltrans for the Historic Properties Survey Report, Archaeological Survey Report, and Area of Potential Effects Map. Please note that around this time there were significant delays in the Project design progress caused by the Covid-19 pandemic.
In June 2024, construction documents were completed and approved, and, subsequently, the Project was advertised for bidding via the local newspaper, plan rooms, and PlanetBids. The City posted the RFB for Construction and RFP for Construction Management Services on June 25, 2024, on the City’s’ plan room platform PlanetBids.
On August 8, 2024, the Engineering Services Department received four (4) construction bids. The lowest construction bid received for the Project was $3,019,315.64 from Alfaro Item 1G - Page 2
City Council Staff Report
October 22, 2025 -- Page 3
Award Construction Contract HSIP 9 – CP 18-05
Communications Construction, Inc., which significantly exceeded the total available HSIP grant funding of $1,702,700.
On October 10, 2024, the City Council approved the rejection of all construction bids received on August 8, 2024 and authorized Staff to re-bid the Project.
Between October 2024 and May 2025, Staff coordinated with Caltrans to revise the Project scope using a targeted strategy that focused on fewer, but more critical, intersections that could be delivered within the available HSIP grant funding. As a result, the Project scope was reduced from nine intersections to seven. The revised scope includes installation of dilemma zone detection, protected left-turn phasing, and pedestrian countdown timers at all proposed intersections. The seven intersections are listed below and shown on Figure 1 on the following page.
1. Tahquitz Canyon Way/ Calle Encilia
2. E. Palm Canyon Drive / Escoba Drive / S. Araby Drive
3. Ramon Road/ Avenida Caballeros
4. Ramon Road / Compadre Road
5. Farrell Drive/ Via Escuela
6. Indian Canyon Drive / 20th Avenue
7. Sunrise Way/ Alejo Road
On May 15, 2025, Caltrans approved an increase of $162,900 in HSIP grant funding, raising the total to $1,865,600 for the revised Project scope.
On August 27, 2025, construction document revisions were completed to reflect the revised Project scope, and the Project was re-advertised for bidding through the local newspaper, plan rooms, and PlanetBids.
Item 1G - Page 3
October 22, 2025
City Council Staff Report
-- Page 4
Award Construction Contract HSIP 9 – CP 18-
FIGURE 1
05 Item 1G - Page 4 C
0 iS
1 f
,~ I '=•+---SAllLI WIS REY OR
HE___AUIBY TR/illl
City Council Staff Report
October 22, 2025 -- Page 5
Award Construction Contract HSIP 9 – CP 18-05
STAFF ANALYSIS:
On September 29, 2025, the Engineering Services Department received five bids from the following contractors:
Table 1
Company Location Bid Amount
Elecnor Belco Electric, Inc. Chino, CA $954,970.00
California Professional Engineering, Inc. La Puente, CA $1,078,888.00 Crosstown Electrical & Data, Inc. Irwindale, CA $1,088,987.00 Alfaro Communications Construction, Inc. Compton, CA $1,230,235.19 Select Electric, Inc. Vista, CA $1,235,597.00
Bid Analysis
Staff reviewed all bid documents submitted by the apparent lowest bidder and determined that Elecnor Belco Electric, Inc. (“the Contractor”) submitted the lowest responsive and responsible bid in the amount of $954,970. Staff recommends that City Council approve the bid submitted by the Contractor. A copy of the proposed draft agreement is included as Attachment B.
Construction Management, Inspection and Materials Testing On June 25, 2024, the City issued Request for Proposals (RFP) 18-05-CM to invite consultants to provide proposals for “turnkey” construction management, inspection, and material testing services for the Project. As a federally funded Project, this scope of work required a separate solicitation in accordance with federal guidelines, including the use of DBE firms.
On August 8, 2024, the City received seven proposals from Z&K Consultants, Inc., Fountainhead Consultants, KOA Corporation, Southstar Engineering, TKE Engineering, Transtech Engineers, and Dudek as shown in Table 2 on the following page. An Evaluation committee made up of City staff evaluated the proposals based on their experience, understanding of the work to be done, quality of staff, familiarity with state and federal procedures, and demonstrated technical ability to meet the needs of the project. Through this process, the Evaluation Committee selected Z&K Consultants as the most qualified consultant. Staff has negotiated the final cost proposal from Z&K Consultants’ and believes their fee to be fair and reasonable for the services and staffing requested.
Table 2
No. Firm Location Status
1 Z&K Consultants, Inc. Riverside, CA Selected
2 TKE Engineering, Inc. Riverside, CA Not Selected
3 KOA Corporation Monterey Park, CA Not Selected
3 Transtech Engineers, Inc. Chino, CA Not Selected
3 Fountainhead Fontana, CA Not Selected
6 Southstar Riverside, CA Not Selected
7 Dudek La Quinta, CA Not Selected
Item 1G - Page 5
City Council Staff Report
October 22, 2025 -- Page 6
Award Construction Contract HSIP 9 – CP 18-05
Staff recommends the City Council approve a Professional Services Agreement with Z&K Consultants, Inc. in an amount not to exceed $324,989.10. A copy of the agreement that incorporates the City’s RFP 18-05-CM, Z&K’s proposal, federal regulations and related documents. A copy of the agreement is included as Attachment C.
Kimley-Horn Amendment No.2
On July 22, 2021, City Council approved Amendment No.1 with Kimley-Horn in the amount of $18,091, for a not to exceed amount of $266,421 in order to comply with Caltrans’s request for additional studies and to keep the design phase on track.
Due to significant delays during the early years of the COVID-19 pandemic, the Project experienced schedule impacts. By the time plans and specifications were nearing completion, the Coachella Valley Association of Governments (CVAG) had begun construction of its Synchronization Project (CV-Sync), requiring additional coordination, meetings, and construction support. In a later phase, following rejection of the initial construction bids, the Project scope was reduced, and Kimley-Horn assisted with submitting all required documents to Caltrans for the scope change request and revising the PS&E to allow the Project to be re-advertised.
Staff has reviewed the proposed additional work and finds the fee reasonable. Staff recommends approval of Amendment No. 2 in the amount of $76,789.31 to Professional Services Agreement No. A8620, resulting in a new not-to-exceed amount of $343,210.31 with Kimley-Horn and Associates, Inc., as included in Attachment D.
Time of Completion
The work shall be diligently prosecuted to completion before the expiration of 90 working days from the issuance of a notice to proceed. A notice to proceed will be issued for early potholing and procurement of long-lead-time materials, followed by a second notice to proceed for construction activities. Working days is defined as Monday through Friday, excluding weekends and City recognized holidays.
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 Highway Safety Improvement Program (Cycle 9), Federal-Aid Project No. HSIPLN-5282(049), City Project No. 18-05, is considered categorically exempt from CEQA. The Project is also subject to environmental pursuant to the National Environmental Policy Act (“NEPA”). Kimley-Horn has completed all technical and environmental analysis associated with the Project. It was determined that the Project does not individually or cumulatively have a significant Item 1G - Page 6
City Council Staff Report
October 22, 2025 -- Page 7
Award Construction Contract HSIP 9 – CP 18-05
impact on the environment as defined by NEPA. Caltrans has determined that the project falls under Categorical Exclusion under 23 CFR 771.117: Activity (c)(4).
ALIGNMENT WITH STRATEGIC PLANNING:
This Project aligns with City Council Priority 2B – 5-Year Capital Improvement Plan, 5- year CIP with specific action.
FISCAL IMPACT:
The City received an HSIP Grant of $1,865,600.00 for the entire Project, including the PE Phase and Construction Phase as shown in Table 3 below. Sufficient funds have been budgeted to cover the cost of this Project.
Table 3
Table of Project Costs Amount
HSIP Grant $1,865,600.00
City Capital Funds $800,000.00
PE Phase (Environmental / Design) ($343,210.31)
Project Administration ($100,000.00)
Construction Contract ($954,970.00)
Construction Management & Inspection ($324,989.10)
Construction Contingency (15%) ($143,245.00)
Remaining Funds: $799,185.59
REVIEWED BY:
City Engineer: Joel Montalvo
Director of Finance & Treasurer: Kristopher J. Mooney
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Forms
B. Construction Agreement – Elecnor Belco Electric, Inc.
C. Professional Services Agreement – Z&K
D. Amendment No. 2 – Kimley Horn
E. Contractor’s Bid
Item 1G - Page 7
Attachment A
Item 1G - Page 8
Item 1G - Page 9
1. 2.
3. 4.
5. HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
Name of Entity Elecnor Belco Electric, Inc.
Address of Entity (Principal Place of Business)
14320 Albers Way, Chino, CA 91710
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State ffiL\~\.~
If other than California, is the Entity also registered in California? IXI Yes No
Type of Entity
D
lxl Corporation D Limited Liability Company D Partnership D Trust □ Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Alberto Garcia De Los Angeles ~ Officer D Director D Member D Manager Jeroni Gervilla
Roger De Vito
D General Partner D Limited Partner
D Other CEO
bZl Officer □ Director D Member D Manager
D General Partner D Limited Partner
D Other Treasurer/ (xo
~ Officer □ Director □ Member D Manager
D General Partner D Limited Partner
D Other Secretary
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
PART II - REQUIRED BID DOCUMENTS
PAGE 18
Item 1G - Page 10
UNANIMOUS WRITTEN CONSENT IN LIEU OF
2024 ANNUAL MEETING OF THE SOLE SHAREHOLDER
OF
ELECNOR BELCO ELECTRIC, INC.
March 1, 2024
The undersigned, being the sole shareholder of Elecnor Belco Electl'ic, Inc., a California corporation (the "Company"), hereby takes the following actions and adopts the following resolutions by unanimous written consent in lieu of holding a meeting of the Shareholders of the Company:
WHEREAS, the sole Shareholder has determined that it is in the Company's best interests to appoint a revised slate of Directors of the Company.
NOW, THEREFORE, BE IT RESOLVED, that the following persons be, and hereby are, elected to serve as Directors of the Company until their respective successors are elected and qualified at or before the next annual meeting of the Shareholder(s), or until their earlier respective deaths, resignations or removals:
Jesus Albe1to Diez Fernandez
Alberto Garcia De Los Angeles
David Rodriguez
Pablo Sanchez
AND IT IS FURTHER RESOLVED, that all actions heretofore taken by the Directors of the Company on behalf of and in the name of the Company, relating to the conduct of the business of the Company, the expenditure of money, the making of contracts and all other acts taken or omitted in the performance of their duties to the Company be, and the same hereby are, in all respects, approved, ratified and affirmed, as of the date taken, done or omitted, respectively.
IN WITNESS WHEREOF, the undersigned, being the sole shareholder of Elecnor Belco Electric, Inc., has executed these actions by written consent as of the date first written above.
ELECNOR, INC.
Alberto Garcia De Los Angeles, President & CEO
Item 1G - Page 11
UNANIMOUS WRITTEN CONSENT IN LIEU OF
2024 ANNUAL MEETING OF THE BOARD OF DIRECTORS
OF
ELECNOR BELCO ELECTRIC, INC.
March 1, 2024
The undersigned, being all of the members of the Board of Directors (the "Board") of Elecnor Belco Electric, Inc., a California corporation (the "Company"), in lieu of holding a meeting of the Board, hereby take the following actions and adopt the following resolutions by unanimous written consent:
WHEREAS, the Board has determined that it is in the Company's best interests to appoint a revised slate of Officers of the Company.
NOW, THEREFORE, BE IT RESOLVED, that the following persons be, and hereby are, elected to the offices set fo11h opposite their respective names, to hold such offices until their respective successors are elected and qualified at or before the next annual meeting of the Board, or until their earlier respective deaths, resignations or removals:
NAMES
Alberto Garcia De Los Angeles
Jeroni Gervilla
Roger DeVito
Pedro Enrile
Leonardo Sancho Frances
John Wong
Pablo Sanchez
OFFICE
President and Chief Executive Officer
Chief Financial Officer
Chief Legal Officer, Senior Vice President,
and Assistant Secretary
Secretary
Vice President
Administrative Vice President - Licensing
Administrative Vice President - Licensing
FURTHER RESOLVED, that Albetto Garcia De Los Angeles, Jeroni Gervilla, Leonardo Sancho Frances and Roger De Vito in their respective capacities (listed above) subject to such supervisory powers of the Board of Directors, hereby are authorized and directed to perform all the duties commonly incident to that office; shall have auth01ity to execute in the name of the Company contracts, leases and other written instruments to be executed by the Company; and, shall perform such other duties as the Board of Directors may from time to time detennine.
FURTHER RESOLVED, that the President and Chief Executive Officer may delegate authority to any ChiefFinancial Officer or Chief Operating Officer or Senior Vice President or Vice President as and within their authority levels as set fmth in the Company's Bylaws, as the same may be amended from time to time;
AND IT IS FURTHER RESOLVED, that all actions heretofore taken by the officers of the Company on behalf of and in the name of the Company, relating to the conduct of the business of the Company, the expenditure of money, the making of contracts and all other acts taken or omitted in the performance of their duties to the Company be, and the same hereby are, in all respects, approved, ratified and affirmed, as of the date taken, done or omitted, respectively. 1 Item 1G - Page 12
The actions taken by the Board Consent shall have the same force and effect as if taken by the undersigned at a meeting of the Board of Directors, duly called and constituted pursuant to the Bylaws of the Company and the laws of the State of California. This Board Consent may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
IN WITNESS WHEREOF, the undersigned, being all of the members of the Board of Directors ofElecnor Belco Electric, Inc., have executed these actions by written consent as of the date first wl'itten above.
Alberto Garcia De Los Angeles, Director
David Rodriguez, Director
2 Item 1G - Page 13
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM (CONTINUED)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:
Jane Doe 50%, ABC Com~an~1 Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
NA - [name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Date
Title
~ E\..~t>~a~~-
~ ~\le. ~-~- 0\ I 2l--\ l26
l l n - PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
PART II· REQUIRED BID DOCUMENTS
PAGE19
1 ATTACHMENT “E”
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
____________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other _________________________________
____________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other _________________________________
____________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other _________________________________
Crystal Fraire x x
x x
Zack Faqih
Item 1G - Page 14
-
~ ]
[_
'
~
2 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed
Name, Title
Date
Crystal Fraire
Zack Faqih
65%
35%
Item 1G - Page 15
PUBLIC INTEGRITY DISCLOSURE FORM
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
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 otherfiduciaries forthe member, manager, trust or other entity Officer Director Member Manager [name]
General Partner Limited Partner
Other
Officer Director Member Manager [name]
General Partner Limited Partner
Other
Officer Director Member Manager [name]
General Partner Limited Partner
Other
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600, Raleigh NC 27601
State of California
X
X
Steven E. Lefton X
X CEO, President
John C. Atz
X Chairman
Richard N. Cook
X Sr. Vice President
45-25 Manitou Drive, Suite 11, Indian Wells, CA 92210
Item 1G - Page 16
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PUBLIC INTEGRITY DISCLOSURE FORM
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
beneficial interest in the Applicant Entity or a related entity Owners/Investors with a 5% 7.
A.
[name of official with whom owner/investor has [name of owner/investor] material financial relationship]
FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP:
B.
[name of official with whom owner/investor has [name of owner/investor] material financial relationship]
FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP:
C.
owner/investor has [name of official with whom [name of owner/investor] material financial relationship]
FOR RELATIONSHIP C, EXPLANATION OF THE RELATIONSHIP:
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF THE FOREGOING IS TRUE AND CORRECT. CALIFORNIA THAT
PUBLIC INTEGRITY DISCLOSURE – CITY OF PALM SPRINGS
APPLICANT DISCLOSURE FORM
2 of 2 Page
Date Signature of Disclosing Party, Printed Name, Title 100% Kimley-Horn and Associates, Inc. Associates Group Services, Inc.
APHC, Inc.
100% Associates Group Services, Inc.
APHC, Inc. Has no owners/investors with
5% beneficial interest.
9.24.2020 Jean B. Fares, P.E., Sr. Vice President
Parent Company of Kimley-Horn
Parent Company of Kimley-Horn's parent company and other affiliated companies Item 1G - Page 17
I
l
Kimley-Horn and Associates, Inc. Principal Officers and Directors PRINCIPAL OFFICERS:
Names/Titles
John C. Atz, Chairman
Steven E. Lefton, CEO, President
Richard N. Cook,
Senior Vice President, Secretary
Tammy L. Flanagan,
CFO, Senior Vice President
David L. McEntee, Vice President,
Treasurer, Assistant Secretary
DIRECTORS:
Names
John C. Atz
Chairman
Barry L. Barber
Executive Vice President
Stephen W. Blakley
Senior Vice President
Paul B. Danielson
Senior Vice President
William E. Dvorak, Jr.
Senior Vice President
James R. Hall
Senior Vice President
Steven E. Lefton
CEO, President
Emmeline F. Montanye
Senior Vice President
Brent H. Mutti
Senior Vice President
Brooks H. Peed
Chairman Emeritus
Michael G. Schiller
Executive Vice President
G. Bradbury Tribble
Senior Vice President
Ownership: Kimley-Horn and Associates, Inc. is wholly owned by Associates Group Services, Inc., which is wholly owned by APHC, Inc., which is owned by over 500 Kimley-Horn employees, none of which own 5% or more of the outstanding shares.
Item 1G - Page 18
Attachment B
Item 1G - Page 19
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 1
CONSTRUCTION AGREEMENT [***INSERT CONTRACT NUMBER***]
ELECNOR BELCO ELECTRIC, INC.
THIS AGREEMENT made this 22nd day of October 2025 (“Effective Date”) by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Elecnor Belco Electric, Inc., a California Corporation, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS
CITY PROJECT NO. 18-05, FEDERAL AID PROJECT NO. HSIPL-5282(049) The Work comprises furnishing all labor, materials, equipment, and services necessary to modify and upgrade select signalized intersections for improved visibility and safety. Work shall include removal and installation of traffic signal poles and foundations, conduits, conductors, pull boxes, video detection and dilemma zone systems, protected left-turn phasing, pedestrian countdown heads, signing and striping, and replacement of curb ramps.
Improvements will occur at the following intersections:
1. Tahquitz Canyon Way & Calle Encilia
2. E. Palm Canyon Dr. & Araby Dr./Escoba Dr.
3. Ramon Rd. & Avenida Caballeros
4. Ramon Rd. & Compadre Rd.
5. Farrell Dr. & Via Escuela
6. Indian Canyon Dr. & 20th Ave.
7. Sunrise Way & Alejo Rd.
2. COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be completed within 90 working days. A separate Notice to Proceed will be issued for early potholing and procurement of long-lead materials, followed by a second Notice to Proceed for construction activities.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus Item 1G - Page 20
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PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 2
any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
3. CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City.
The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is nine hundred fifty-four thousand nine hundred seventy dollars ($954,970.00).
Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.
4. CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non- Discrimination Certification, NonCollusion Declaration, Equal Employment Opportunity Certification, Debarment and Suspension Certification, Non-Lobbying Certification for Federal Aid Contracts, Disclosure of Lobbying Activities, Bidder's General Information, Bid Security or Bid Bond, Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232 Statement, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers _1_ to _1_, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.
On October 3, 2025, the United States Department of Transportation (DOT) issued an Interim Final Rule to amend the Disadvantaged Business Enterprise (DBE) requirements found in 49 CFR Part 26 effectively decertifying all existing DBE firms from the Federal DBE program. A few days later on October 6, the California Department of Transportation (Caltrans) Division of Local assistance issued an advisory addressing this Interim Final Rule stating that Caltrans has suspended its DBE program due to this new federal amendment stating that no contract shall be awarded with a DBE goal during this suspension period and that any reference to a DBE-participation goal in bid documents shall be Item 1G - Page 21
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PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 3
considered 0%. To be compliant with the amended federal provisions and the Caltrans advisory, there is no DBE goal on the Contract, any references in the Contract Documents to the DBE goal is changed to 0%, and City will not engage in compliance monitoring of DBE participation on this Project. Any DBE participation on the Project will not count towards any overall DBE goals. Any changes to 49 CFR Part 26 as set forth in the IFR, as may be amended in the final rule, are hereby incorporated.
The Contract Documents shall also incorporate those certain Federal Requirements for Federal-Aid Construction Projects including, Form FHWA 1273 as well as the Davis Bacon Wage Determination for applicable prevailing wage rates, included in Exhibit “B” attached hereto and made a part hereof.
Exhibit “B” shall be included in all subcontracts $10,000 or more.
5. MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
6. PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.
7. NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice.
Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
8. INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.
9. PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws").
Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic Item 1G - Page 22
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PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 4
certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.
10. CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
11. NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 12 MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of Item 1G - Page 23
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 5
California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ELECNOR BELCO ELECTRIC, INC.
Item 1G - Page 24
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 6
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By Date
Signature
(2nd signature required for Corporations)
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 1G - Page 25
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 7
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Item 1G - Page 26
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PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 8
EXHIBIT “B”
FORM FHWA 1273
AND
DAVIS BACON WAGE DETERMINATIONS
FOLLOWS THIS PAGE
Item 1G - Page 27
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 9
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels: ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency
contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by Item 1G - Page 28
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reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is Item 1G - Page 29
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provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women.
The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder.
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE)
program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4)Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
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III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH– 1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
(ii) The classification is used in the area by the construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
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(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under
paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination.
The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to DavisBacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor,
regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph
3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is Item 1G - Page 32
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performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired.
Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at
https://www.dol.gov/sites/dolgov/ files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
(5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible Item 1G - Page 33
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for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. 23 CFR
230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR
5.5. 9. Disputes concerning labor standards. As provided in 29 CFR
5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S.
Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
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d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in paragraph
1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph
2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5.
In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before Item 1G - Page 35
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computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
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representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * *
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its Item 1G - Page 37
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knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. 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 clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * *
4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of Item 1G - Page 38
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this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-oflading) and to the Office of Cargo and Commercial Sealift (MAR620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in
subparagraph (4) below.
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2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
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DAVIS BACON WAGE DETERMINATION
"General Decision Number: CA20250025 09/19/2025
Superseded General Decision Number: CA20240025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
|______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
2 01/24/2025
3 02/07/2025
4 02/21/2025
5 02/28/2025
6 03/28/2025
7 06/06/2025
8 08/01/2025
Item 1G - Page 41
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 23
9 08/08/2025
10 08/15/2025
11 08/22/2025
12 09/05/2025
13 09/19/2025
ASBE0005-002 09/01/2024
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 56.32 26.52
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 39.94 20.65
---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37
---------------------------------------------------------------- BOIL0092-003 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11
---------------------------------------------------------------- * BRCA0004-011 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53 20.29
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2024
Rates Fringes
MARBLE FINISHER..................$ 43.38 15.36
TILE FINISHER....................$ 37.96 13.77
TILE LAYER.......................$ 51.82 19.32
---------------------------------------------------------------- BRCA0018-010 09/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 42.11 14.67
TERRAZZO WORKER/SETTER...........$ 49.62 15.26
---------------------------------------------------------------- * CARP0213-001 07/01/2025
Rates Fringes
CARPENTER
Item 1G - Page 42
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 24
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 52.24 26.18
(2) Millwright..............$ 52.24 26.68
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 52.37 26.18
(4) Pneumatic Nailer,
Power Stapler...............$ 52.37 26.18
(5) Sawfiler...............$ 52.34 26.18
(6) Scaffold Builder.......$ 45.37 25.43
(7) Table Power Saw
Operator....................$ 52.34 26.18
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- * CARP0213-002 07/01/2025
Rates Fringes
Diver
(1) Wet.....................$ 901.92 26.18
(2) Standby.................$ 450.96 26.18
(3) Tender..................$ 442.96 26.18
(4) Assistant Tender........$ 418.96 26.18
Amounts in ""Rates' column are per day
---------------------------------------------------------------- * CARP0213-004 07/01/2025
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 52.24 26.18
STOCKER/SCRAPPER............$ 21.45 11.27
---------------------------------------------------------------- * CARP0721-001 07/01/2025
Rates Fringes
Modular Furniture Installer......$ 25.00 13.06
---------------------------------------------------------------- ELEC0440-001 12/30/2024
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN..........$ 56.26 3%+28.48
INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line.
Item 1G - Page 43
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 25
---------------------------------------------------------------- ELEC1245-001 01/01/2025
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.26
(3) Groundman...............$ 40.76 21.76
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 69.43 38.435+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-004 08/01/2024
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 38.75
(2) Dredge dozer............$ 58.13 38.75
(3) Deckmate................$ 58.02 38.75
(4) Winch operator (stern
winch on dredge)............$ 57.47 38.75
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 38.75
(6) Barge Mate..............$ 57.54 38.75
---------------------------------------------------------------- ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
Item 1G - Page 44
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 26
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
Item 1G - Page 45
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 27
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber-tired earth-moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber-tired earth-moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John
Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1-1/2 yds. up to and Item 1G - Page 46
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 28
including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, Item 1G - Page 47
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 29
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar Item 1G - Page 48
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 30
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
Item 1G - Page 49
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 31
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM Item 1G - Page 50
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 32
to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- IRON0433-006 01/01/2025
Rates Fringes
IRONWORKER
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 50.70 35.15
PREMIUM PAY:
$9.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 07/01/2025
Rates Fringes
Asbestos Removal Laborer.........$ 46.48 25.93
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
Item 1G - Page 51
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 33
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2025
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 55.88 23.77
GROUP 2.....................$ 54.93 23.77
GROUP 3.....................$ 51.39 23.77
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO1184-001 07/01/2025
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 47.94 20.86
(2) Vehicle Operator/Hauler.$ 48.11 20.86
(3) Horizontal Directional
Drill Operator..............$ 49.96 20.86
(4) Electronic Tracking
Locator.....................$ 51.96 20.86
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 49.30 23.97
GROUP 2.....................$ 50.60 23.97
GROUP 3.....................$ 52.61 23.97
GROUP 4.....................$ 54.35 23.97
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation Item 1G - Page 52
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 34
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- LABO1184-002 07/01/2025
Rates Fringes
LABORER (TUNNEL)
GROUP 1.....................$ 53.60 25.74
GROUP 2.....................$ 53.92 25.74
GROUP 3.....................$ 54.38 25.74
GROUP 4.....................$ 55.07 25.74
LABORER
GROUP 1.....................$ 46.48 25.95
GROUP 2.....................$ 47.03 25.95
GROUP 3.....................$ 47.58 25.95
GROUP 4.....................$ 49.13 25.95
GROUP 5.....................$ 49.48 25.95
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
Item 1G - Page 53
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 35
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO1184-004 07/01/2024
Rates Fringes
Brick Tender.....................$ 41.53 22.54
---------------------------------------------------------------- LABO1414-001 08/06/2025
Rates Fringes
Item 1G - Page 54
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 36
LABORER
PLASTER CLEAN-UP LABORER....$ 46.17 25.97
PLASTER TENDER..............$ 48.72 25.97
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
---------------------------------------------------------------- PAIN0036-008 09/01/2024
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 49.33 26.82
---------------------------------------------------------------- PAIN0036-015 01/01/2025
Rates Fringes
GLAZIER..........................$ 53.05 30.64
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64
---------------------------------------------------------------- PLAS0500-002 07/01/2023
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 44.00 27.11
---------------------------------------------------------------- PLUM0016-001 09/01/2024
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 57.67 25.63
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 44.24 23.96
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
Item 1G - Page 55
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 37
commercial, tenant
improvement and remodel
work........................$ 59.48 26.61
---------------------------------------------------------------- PLUM0345-001 09/01/2023
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
---------------------------------------------------------------- ROOF0036-002 08/01/2025
Rates Fringes
ROOFER...........................$ 52.63 20.73
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-002 01/01/2025
Rates Fringes
SPRINKLER FITTER.................$ 47.45 28.50
---------------------------------------------------------------- SHEE0105-003 01/01/2025
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 59.31 30.43
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95 30.04
---------------------------------------------------------------- TEAM0011-002 07/01/2025
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 41.59 35.69
GROUP 2....................$ 41.74 35.69
GROUP 3....................$ 41.87 35.69
GROUP 4....................$ 42.06 35.69
GROUP 5....................$ 42.09 35.69
GROUP 6....................$ 42.12 35.69
GROUP 7....................$ 42.37 35.69
GROUP 8....................$ 42.62 35.69
GROUP 9....................$ 42.82 35.69
GROUP 10....................$ 43.12 35.69
GROUP 11....................$ 43.62 35.69
GROUP 12....................$ 44.05 35.69
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Item 1G - Page 56
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 38
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within Item 1G - Page 57
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 39
the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.
Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and Item 1G - Page 58
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 40
prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to [email protected] or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to [email protected] or by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via email to [email protected] or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================ END OF GENERAL DECISION"
Item 1G - Page 59
Attachment C
Item 1G - Page 60
55575.18100\42907009.1
BB&K (2024) Page 1 of 23
PROFESSIONAL SERVICES AGREEMENT [***INSERT CONTRACT
NUMBER***]
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS
FEDERAL AID PROJECT NO. HSIPL-5282(049)
CITY PROJECT NO. 18-05
This Professional Services Agreement (“Agreement”) is entered into this 22nd day of October, 2025 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and Z&K Consultants, Inc., a California corporation, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City requires the services of a Professional Construction Management Firm, for HSIP Cycle 9 Traffic Signal Improvements, Federal Aid Project No. HSIPL-5287(049), City Project No. 18-05, (“Project”).
B. Consultant has submitted to City a proposal to provide comprehensive construction management and material testing and inspection services, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Item 1G - Page 61
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Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “C” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Three Hundred Twenty-Four Thousand Nine Hundred Eighty-Nine Dollars and Ten Cents ($324,989.10) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “C.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2.The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “C”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of Item 1G - Page 62
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the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 2 years, commencing on the Effective Date, and ending on October 22, 2027, unless extended by mutual written agreement of the Parties.
3.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.
Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
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3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Crystal Fraire, PE, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement Item 1G - Page 64
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may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any Item 1G - Page 65
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failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing Item 1G - Page 66
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insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or selfinsured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:
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A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a Item 1G - Page 68
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waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no Item 1G - Page 69
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obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
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performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State Item 1G - Page 71
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of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not Item 1G - Page 72
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preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. 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.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant 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”). Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant 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 Consultant 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.
10. MISCELLANEOUS PROVISIONS
Item 1G - Page 73
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10.1 Patent and Copyright Infringement. INTENTIONALLY OMMITTED
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Z&K Consultants, Inc.
Attention: Crystal Fraire, PE, President
17130 Van Buren Blvd.
Riverside, California 92504
Telephone: (951) 310-7470
Facsimile: (949) 630-3242
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party Item 1G - Page 74
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beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “D” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
11. FISCAL AND FEDERAL PROVISIONS
As the Services are funded either in whole or in part by federal funds, Consultant shall comply with the requirements of Exhibit “E” “Fiscal and Federal Provisions”. For any conflicting provisions between the Agreement and the provisions in Exhibit "E" "Fiscal and Federal Provisions", the provisions of Exhibit "E" "Fiscal and Federal Provisions" shall prevail. [SIGNATURES ON NEXT PAGE]
Item 1G - Page 75
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND Z&K CONSULTANTS, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
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 1G - Page 76
EXHIBIT “A”
SCOPE OF SERVICES
Item 1G - Page 77
SCOPE OF WORK
CONSTRUCTION MANAGEMENT | The Z&K team will staff and maintain consultant provided field office for the duration of the construction. We will review project permit requirements and schedule and attend a field walk with inspector(s), design engineer, and City representatives. We will schedule and chair a kickoff meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre-construction meeting and be present at the pre- construction meeting. The team will provide a pre-construction meeting agenda to the City for concurrence, schedule, and lead a pre-construction meeting and notify attendees. It is envisioned that the pre-construction meeting will include all interested parties, including utilities, sub-contractors, etc. We will provide coordination of project activities and prepare reports and documents, as necessary, for City review and action. Z&K will maintain at the project site or consultant’s local office, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work. We will provide weekly status reports to the City, as required and review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers. Z&K team will prepare and send a Weekly Statement of Working Days, noting the controlling operations, to the Contractor.
We will monitor Contractor and sub-contractor compliance with State and Federal labor laws and paperwork requirements including: monitor Contractor’s certified payroll; spot check payrolls for prevailing wage compliance; conducting employee interviews; maintain evidence of apprentices and trainees employed on the project; and ensure that the contractor has posted all required posters, notices, and wage determinations at the job site. Z&K will coordinate, monitor, and document utility relocations as necessary. We will prepare daily/weekly Resident Engineer reports listing the type of work done, controlling operation, weather conditions, important discussions/agreements with the Contractor, and any other important facts pertaining to the project that are not specifically covered elsewhere in the contract records. Our team will administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including applicable requirements from Caltrans Standard Plans and Specifications, Local Assistance Procedures, Standard Specifications for Public Works Construction and the City of Palm Springs. We will receive, log and respond to Contractor Requests for Information (RFIs) and conduct weekly construction progress meetings with Contractor, Subcontractors, City Staff, Design Engineer, Subconsultants, affected outside Agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes. The team will maintain Contract Filing System in accordance with Caltrans Construction Manual at Local Assistance Procedures Manual (LAPM). We will review and approve Subcontracting Request forms, coordinate and monitor all inspection activities, and coordinate with all impacted utilities for the respective relocations, as per contract documents.
The Z&K team will maintain an open-door policy and meet with general public, as needed, regarding the construction and make recommendations to address their concerns. We will submit Requests for Information as required on any items that should be coordinated with the design engineer(s). We will receive and process all shop drawings, project data, samples, and other submittals to the Design Engineer for review. Establish and implement procedures for expediting the processing and approval of submittals. Our team will coordinate and track all submittals and review with Design Engineer on an as needed basis. We will prepare and maintain a submittal log. Z&K will coordinate with the City Engineer and other City Departments. We will document all potential claims and maintain for account records and provide all necessary documentation and support to the City in settling claims. We will administer implementation of project's Traffic Control Plans and perform weekly review for conformance to approved plan. Our team will coordinate testing requirements and scheduling of material testing. We will review Contractor’s baseline CPM schedule and coordinate with contractor until approved. The Z&K team will review and analyze the Contractor's schedule (weekly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. We will work with Contractor to maintain the project schedule to show current conditions and suggest revisions, as required. The team will recommend necessary or desirable changes in the Construction Contractor's scope of work to City. We will review and evaluate Contractor's request for changes. Our team will negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City, we will prepare change orders for signature and authorization by the City. We will maintain a log of change requests. Requests for Change Orders will be reviewed for merit and discussed with the City. Extra work will be on separate daily diaries. We will create and maintain “As-Built” project schedule and maintain field quantities constructed and review pay requests and provide recommendation for contractor payments. Our team will manage and enforce contractor DBE requirements and will coordinate the transition of project to City Maintenance.
We will coordinate any training sessions required for City staff and conduct regular coordination meetings with property owners and business owners. We will review and process contractor’s invoices, prior to submitting to the City for payment.
Z&K will provide the following project closeout services:
• Administer and coordinate final inspections.
• Coordinate the correction and completion of the work. • Assist City in determining when the Project or a
designated portion thereof, is substantially complete.
Prepare for the City, a summary of the status of the
work of the Contractor, listing changes in the
previously issued certificates of substantial
completion of the work, and recommending the times
within which the Contractor shall complete
uncompleted items on the certificate of substantial
completion of the work.
• Calculate the amount of final payment due prime
Contractor.
• Obtain evidence of certification of all lien releases. • Secure and transmit to City, required guarantees.
• Work with City to issue the notice of substantial
completion and process the notice of completion.
• Coordinate any startup requirements.
• Deliver all equipment manuals, special equipment,
spare parts, catalogs, and other materials required by
specifications.
• Collect all “as-built” data from contractors or
consultants.
• Make recommendation for the release of retention.
Item 1G - Page 78
We will create and maintain throughout construction, punch lists that need to be corrected by the Contractor and provide construction management documents and records to the City. We will provide for Source Inspection and Quality Assurance, meeting CFR Title 23, City of Palm Springs QAP and Caltrans LAPM. As necessary, we will prepare Caltrans Local Assistance Pre-Construction, Mid-Construction, and Post-Construction review checklists. Attend meetings scheduled by Caltrans Local Assistance. Z&K will represent the City in providing answers to Caltrans regarding procedures, processes, documentation, payment, etc.
INSPECTION | The Z&K team will review contract documents, plans and permits, attend field walks and kickoff meetings, and attend the pre-construction meeting. We will monitor and enforce construction noticing requirements, including but not limited to PM10 and SWPPP requirements. Our team will maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. Maintain a separate field diary for change order work. The inspection team will monitor the contractor’s fugitive dust control plan (PM10) and ensure the contractor using approved haul routes and they are kept clean. We will ensure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contractor's work in accordance with the approved construction contract documents. The team will determine that the Contractor's work is being performed in accordance with the requirements of the contract documents.
Endeavor to guard City against defects and deficiencies in the work. As appropriate, require special inspection or testing, or make recommendations to City regarding special inspection or testing of work not in accordance with the provisions of the contract documents whether or not such work is fabricated, installed or completed.
We will track and monitor construction costs. The team will provide and maintain a digital photographic history of the progress of the project including pre-construction photos of the existing conditions at the project site. Photos will also be taken of the following: Showing existing conditions prior to construction; Disputed work items; Work that has to be duplicated, replaced or removed; Completed work; Extra Work. The team will record the progress of the project. Maintain a daily log containing a record of weather, Contractor and sub-contractor’s work on site, Contractor and sub-contractor’s equipment with hours on site and idle time, number and names of workers with hours on site, work accomplished, problems encountered, and other relevant data. We will provide copies of daily logs to City as requested. We will include information on Contractor and the entire project, showing percentages of completion. Daily Reports will be detailed enough to develop Time and Material payments for the contractor's work in case of future disputes. During the course of construction, our team will maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. Z&K will ensure ADA compliance and review construction staking, as appropriate. We will secure and maintain copies of all permits needed to construct the project and enforce special requirements of each. Coordinate with Contractor to execute necessary permits.
MATERIAL TESTING | Z&K is teaming with Converse Consultants for all Material Testing needs. They will be responsible for all the tests as required by the Caltrans Standard Specifications and the Project Special Provisions. Converse will coordinate and perform the materials testing services in accordance with the City’s approved Quality Assurance Program (QAP), California Department of Transportation, Construction Manual, Chapters 3-6, “Control of Materials” and Chapter 6, “Sample Types and Frequencies.” Converse will provide for initial “Samples and Tests” on materials proposed for use in the project. Converse will provide for “Acceptance Tests” on materials that will be incorporated into the work. Sampling should begin as soon as material is delivered or in place. Consultant shall continue sampling as work progresses. The team will conduct all testing in a Caltrans Certified Laboratory, or equivalent. All sampling and testing will be done by personnel and laboratory with the appropriate accreditation for the testing and sampling designated to perform. Proof of the appropriate accreditation will be submitted for approval by the City.
The team will provide a qualified technician and certified laboratory for each test as required by the City’s QAP and Project Specifications. The certifications will be provided by a nationally recognized organization. The Converse team will provide all independent assurance as may be required by the City’s QAP. This may require the use of two independent laboratories and personnel. The team will keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, will be documented in the project files also. Test results will cite applicable contract requirements, test and/or analytical procedures used. The team will provide actual results and include a statement that the item tested or analyzed conforms or fails to conform to specified requirements. Test results will be signed by a testing laboratory representative authorized to sign certified documentation and forward to the City.
Testing Plan and Log will be maintained by the Consultant. The QC Manager will record on the “Test Plan and Log” the date the test was conducted, the date the test results were forwarded to the Engineer, remarks and acknowledgement that an accredited, or Engineer approved, testing laboratory was used. Submit a copy of the updated “Test Plan and Log” with the Contract Quality Control Report each month. Rework Items list will be maintained by the Consultant of work performed that does not comply with the Contract. The Contractor will be responsible for including on this list, items needing rework including those identified by the Engineer. Maximum density tests will be performed at the job site unless otherwise approved by the City Engineer. Converse will keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, will also be documented in the project files.
The team will use the most economical mode of transportation available consistent with the time element involved. Project Certification – send a materials certification memorandum to the City upon completion of the project. File a copy of the memorandum in the job files. Note all non- conforming materials on the memorandum. This includes materials accepted at reduced pay factors. A California licensed engineer will sign the materials certification memorandum. Any Non-Compliance results of materials will be reported to the City’s Project Manager and City Project Inspector within twenty-four (24) hours from the time of sampling. Any non-compliance results of materials will be reported to the City’s Construction Manager within twenty-four (24) hours from the time of sampling.
Item 1G - Page 79
EXHIBIT “B”
REQUEST FOR PROPOSAL AND CONSULTANT PROPOSAL
Item 1G - Page 80
1 RFP-18-05
REQUEST FOR
PROPOSAL (RFP)
CITY OF PALM SPRINGS
Date Issued: June 25, 2024
Proposals Due: August 8, 2024
RFP-18-05
Item 1G - Page 81
2 CONSTRUCTION
MANAGEMENT
SERVICES
CITY OF PALM SPRINGS, CALIFORNIA
REQUEST FOR PROPOSAL (RFP)
The City of Palm Springs (“City”) is seeking qualified
professional engineering firms (“Consultants”) to provide construction management services related to the HSIP Cycle 9 Traffic Signal Modifications at Nine (9) Intersections Project, Federal Aid Project No. HSIPL-5282(049), City Project No. 18- 05 (hereinafter called the “Project”). The selected firm will be responsible for providing comprehensive construction
management services for the Project, including but not limited to administration of the construction contract, monitoring work progress, electrical and civil inspection, materials testing, and construction surveying review.
PROJECT LOCATION
Nine (9) signalized intersections throughout the City of Palm Springs.
BACKGROUND
The Project will improve nine (9) existing signalized
intersections throughout the City. Work includes modifying traffic signals for improved visibility, installation of advanced dilemma zone detection, protected left-turn phases,
pedestrian countdown heads, and replacing curb ramps at the project intersections.
RFP-18-05
SCHEDULE:
• June 25, 2024
Notice Inviting Proposals
posted and issued
• July 17, 2024,
3:00 PM
Deadline for receipt of
written questions
• August 8, 2024,
3:00 PM
Deadline for receipt of
Proposals
• To be determined*
(after August 12, 2024)
short list, interviews, *if
desired by the City of
Palm Springs
• September 12, 2024**
Contract awarded by City
Council. **tentative dates
are subject to change
Item 1G - Page 82
3 The work is located at the following 9 intersections as further indicated on the Construction Plans.
1. Tahquitz Canyon Way & Calle Encilia
2. East Palm Canyon Drive & Araby Drive
3. Ramon Road & Avenida Caballeros
4. Ramon Road & Compadre Road
5. Farrell Drive & Via Escuela
6. Sunrise Way & Tachevah Drive
7. Farrell Drive & Alejo Road
8. Indian Canyon Drive & 20th Avenue
9. Sunrise Way & Alejo Road
The project vicinity map is shown on the next page:
As a federally funded project, the Project required environmental clearance pursuant to both the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”).
The City is the Lead Agency with regard to CEQA, and the Federal Highway Administration (“FHWA”) has delegated its authority for NEPA to Caltrans. On December 6, 2018, the City filed a Notice of Exemption (“NOE”) for the Project. On April 18, 2023, Caltrans issued a Categorical Exclusion (“CE”) pursuant to NEPA. The NEPA CE studied the project impacts to cultural resources and found that no historic properties will be impacted, however if buried cultural resources or human remains are found during project activities work shall be suspended until a qualified archaeologist can evaluate the significance. The selected firm will be responsible for ensuring all environmental measures are monitored to ensure compliance by the City’s construction contractor.
PS&E Status: 100% plans are completed and available on PlanetBids through the construction bid advertisement;
R/W Status: All work is within Public Right of Way, R/W certification approved on August 10, 2023; Current construction estimate is $2,000,000.00; CON funds authorized on November 30, 2023; tentative construction schedule is 120 working days, anticipated to begin in Fall of 2024.
Item 1G - Page 83
4 Item 1G - Page 84
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RIVERSIDE CA. 92506
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INTERSECTION LOCATIONS WEBB
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5 REQUESTED SERVICES
The scope of work generally includes all professional services associated with administration and construction management services for the Project in conformance with City and Caltrans requirements. The scope of work includes, but is not limited to, administration of the construction contract, implementing the Quality Assurance Program (materials testing and inspection), reviewing the contractor’s construction surveying, and other related work. The selected firm shall be required to provide a field site representative who is a licensed professional civil engineer in the State of California, and who will be subject to the approval of the City to perform and function as the Resident Engineer (“RE”).
The required scope below is outlined, for general use purposes, in defining the minimum expectations. Each proposer shall prepare a detailed scope of services for the Construction Management and Inspection of the Project.
CONSTRUCTION MANAGEMENT:
1. Staff and maintain consultant provided field office for the duration of the construction.
2. Review project permit requirements.
3. Schedule and attend a field walk with inspector(s), design engineer, and City representatives.
4. Schedule and chair a kickoff meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre-construction meeting and be present at the preconstruction meeting.
5. Provide a pre-construction meeting agenda to the City for concurrence, schedule, and lead a pre-construction meeting and notify attendees. It is envisioned that the pre-construction meeting will include all interested parties, including utilities, sub-contractors, etc.
6. Provide coordination of project activities and prepare reports and documents, as necessary, for City review and action.
7. Maintain at the project site or consultant’s local office, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work.
8. Provide weekly status reports to the City, as required.
9. Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers.
10.Prepare and send a Weekly Statement of Working Days, noting the controlling operations, to the Contractor.
11.Monitor Contractor and sub-contractor compliance with State and Federal labor laws and paperwork requirements including: monitor Contractor’s certified payroll; spot check payrolls Item 1G - Page 85
6 for prevailing wage compliance; conducting employee interviews; maintain evidence of apprentices and trainees employed on the project; and ensure that the contractor has posted all required posters, notices, and wage determinations at the job site.
12.Coordinate, monitor, and document utility relocations as necessary.
13.Prepare daily/weekly Resident Engineer reports listing the type of work done, controlling operation, weather conditions, important discussions/agreements with the Contractor, and any other important facts pertaining to the project that are not specifically covered elsewhere in the contract records.
14.Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including applicable requirements from Caltrans Standard Plans and Specifications, Local Assistance Procedures, Standard Specifications for Public Works Construction and the City of Palm Springs.
15.Receive, log and respond to Contractor Requests for Information (RFIs).
16.Conduct weekly construction progress meetings with Contractor, Subcontractors, City Staff, Design Engineer, Subconsultants, affected outside Agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes.
17.Maintain Contract Filing System in accordance with Caltrans Construction Manual at Local Assistance Procedures Manual (LAPM).
18.Review and approve Subcontracting Request forms.
19.Coordinate and monitor all inspection activities.
20.Coordinate with all impacted utilities for the respective relocations, as per contract documents.
21.Maintain an open-door policy and meet with general public, as needed, regarding the construction and make recommendations to address their concerns.
22.Submit Requests for Information as required on any items that should be coordinated with the design engineer(s).
23.Receive and process all shop drawings, project data, samples, and other submittals to the Design Engineer for review. Establish and implement procedures for expediting the processing and approval of submittals.
24.Coordinate and track all submittals and review with Design Engineer on an as needed basis.
Prepare and maintain a submittal log.
25.Coordinate with the City Engineer and other City Departments.
26.Document all potential claims and maintain for account records. Provide all necessary documentation and support to the City in settling claims.
27.Administer implementation of project's Traffic Control Plans and perform weekly review for conformance to approved plan.
28.Coordinate testing requirements and scheduling of material testing.
29.Review Contractor’s baseline CPM schedule and coordinate with contractor until approved.
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7 30.Review and analyze the Contractor's schedule (weekly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time.
Work with Contractor to maintain the project schedule to show current conditions and suggest revisions, as required.
31.Recommend necessary or desirable changes in the Construction Contractor's scope of work to City. Review and evaluate Contractor's request for changes. Negotiate with Contractor and submit recommendations to City supported by field data related to any additional work.
If change orders are accepted by City, prepare change orders for signature and authorization by the City. Maintain a log of change requests. Requests for Change Orders will be reviewed for merit and discussed with the City. Extra work will be on separate daily diaries.
32.Create and maintain “As-Built” project schedule.
33.Maintain field quantities constructed and review pay requests and provide recommendation for contractor payments.
34.Manage and enforce contractor DBE requirements.
35.Coordinate the transition of project to City Maintenance.
36.Coordinate any training sessions required for City staff.
37.Conduct regular coordination meetings with property owners and business owners.
38.Review and process contractor’s invoices, prior to submitting to the City for payment.
39.Construction Closeout
Consultant shall provide the following project closeout services:
• Administer and coordinate final inspections.
• Coordinate the correction and completion of the work. • Assist City in determining when the Project or a designated portion thereof, is substantially complete. Prepare for the City, a summary of the status of the work of the Contractor, listing changes in the previously issued certificates of substantial completion of the work, and recommending the times within which the Contractor shall complete uncompleted items on the certificate of substantial completion of the work.
• Calculate the amount of final payment due prime Contractor. • Obtain evidence of certification of all lien releases. • Secure and transmit to City, required guarantees.
• Work with City to issue the notice of substantial completion and process the notice of completion.
• Coordinate any startup requirements.
• Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications.
• Collect all “as-built” data from contractors or consultants. • Make recommendation for the release of retention.
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8 40.Create and maintain throughout construction, punch lists that need to be corrected by the Contractor.
41.Provide construction management documents and records to the City.
42.Provide for Source Inspection and Quality Assurance, meeting CFR Title 23, City of Palm Springs QAP and Caltrans LAPM.
43. As necessary, prepare Caltrans Local Assistance Pre-Construction, Mid-Construction, and Post-Construction review checklists. Attend meetings scheduled by Caltrans Local Assistance. Represent the City in providing answers to Caltrans regarding procedures, processes, documentation, payment, etc.
INSPECTION:
1. Review contract documents, plans and permits.
2. Attend field walks and kickoff meetings.
3. Attend the pre-construction meeting.
4. Monitor and enforce construction noticing requirements, including but not limited to PM10 and SWPPP requirements.
5. Maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. Maintain a separate field diary for change order work.
6. Monitor the contractor’s fugitive dust control plan (PM10) and ensure the contractor using approved haul routes and they are kept clean.
7. Ensure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contractor's work in accordance with the approved construction contract documents.
8. Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard City against defects and deficiencies in the work. As appropriate, require special inspection or testing, or make recommendations to City regarding special inspection or testing of work not in accordance with the provisions of the contract documents whether or not such work is fabricated, installed or completed.
9. Track and Monitor construction costs.
10.Provide and maintain a digital photographic history of the progress of the project including pre-construction photos of the existing conditions at the project site. Photos will also be taken of the following:
• Showing existing conditions prior to construction.
• Disputed work items.
• Work that has to be duplicated, replaced or removed.
• Completed work.
• Extra Work.
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9 11.Record the progress of the project. Maintain a daily log containing a record of weather, Contractor and sub-contractor’s work on site, Contractor and sub-contractor’s equipment with hours on site and idle time, number and names of workers with hours on site, work accomplished, problems encountered, and other relevant data. Provide copies of daily logs to City as requested. Include information on Contractor and the entire project, showing percentages of completion. Daily Reports should be detailed enough to develop Time and Material payments for the contractor's work in case of future disputes.
12.During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections.
13.Ensure ADA compliance.
14.Review construction staking, as appropriate.
15.Secure and maintain copies of all permits needed to construct the project and enforce special requirements of each. Coordinate with Contractor to execute necessary permits.
MATERIAL TESTING
1. The consultant shall be responsible for all the tests as required by the Caltrans Standard Specifications and the Project Special Provisions.
2. The Consultant shall coordinate and perform the materials testing services in accordance with the City’s approved Quality Assurance Program (QAP), California Department of Transportation, Construction Manual, Chapters 3-6, “Control of Materials” and Chapter 6, “Sample Types and Frequencies.” The Consultant shall provide for initial “Samples and Tests” on materials proposed for use in the project. The Consultant shall provide for “Acceptance Tests” on materials that will be incorporated into the work. Sampling should begin as soon as material is delivered or in place. Consultant shall continue sampling as work progresses. A copy of the City’s QAP is provided in Attachment A.
3. The Consultant shall conduct all testing in a Caltrans Certified Laboratory, or equivalent. All sampling and testing shall be done by personnel and laboratory with the appropriate accreditation for the testing and sampling designated to perform. Proof of the appropriate accreditation shall be submitted for approval by the City.
4. Provide a qualified technician and certified laboratory for each test as required by the City’s QAP and Project Specifications. The certifications shall be provided by a nationally recognized organization.
5. The Consultant shall provide all independent assurance as may be required by the City’s QAP. This may require the use of two independent laboratories and personnel.
6. Consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, must be documented in the project files also. Test results shall cite applicable contract requirements, test and/or analytical procedures used. Provide actual results and include a statement that the item tested or analyzed conforms or fails to conform to specified requirements. Test Item 1G - Page 89
10 results shall be signed by a testing laboratory representative authorized to sign certified documentation and forward to the City.
7. Testing Plan and Log shall be maintained by the Consultant. The QC Manager shall record on the “Test Plan and Log” the date the test was conducted, the date the test results were forwarded to the Engineer, remarks and acknowledgement that an accredited, or Engineer approved, testing laboratory was used. Submit a copy of the updated “Test Plan and Log” with the Contract Quality Control Report each month.
8. Rework Items list shall be maintained by the Consultant of work performed that does not comply with the Contract. The Contractor shall be responsible for including on this list, items needing rework including those identified by the Engineer.
9. Maximum density tests shall be performed at the job site unless otherwise approved by the City Engineer.
10.Consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, shall also be documented in the project files.
11.Consultant shall use the most economical mode of transportation available consistent with the time element involved.
12.Project Certification – send a materials certification memorandum to the City upon completion of the project. File a copy of the memorandum in the job files. Note all nonconforming materials on the memorandum. This includes materials accepted at reduced pay factors.
13.A California licensed engineer shall sign the materials certification memorandum.
14.Any Non-Compliance results of materials shall be reported to the City’s Project Manager and City Project Inspector within twenty-four (24) hours from the time of sampling.
15.Any non-compliance results of materials shall be reported to the City’s Construction Manager within twenty-four (24) hours from the time of sampling.
It will be the responsibility of selected Consultants to determine the necessary staffing level required to perform the scope of service for the project. The City will not provide dedicated workspace or office space, City staff, or City resources, printing or copying services, or clerical assistance for the performance of the services. Consultant shall plan to provide own field office for use during construction.
All services shall be performed in compliance with the industry and professional standards and all applicable federal, state, and local laws, ordinances, and regulations including the Americans with Disabilities Act (ADA), current California Building Code, and the rules and ordinances of the County of Riverside and the City of Palm Springs.
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11 PROPOSAL REQUIREMENTS
Consultants must submit their Proposals in the order provided below. The Proposal must be in an 8½” x 11” format and not more than twenty (20) pages. To be sustainable, submissions will be submitted electronically, in pdf format only.
Consistent with the City’s Municipal Code for the acquisition of construction management services, price is NOT an evaluation criteria. Upon selection of the most qualified Consultant, a cost proposal will be collected as a basis for contract negotiations. The City reserves the right to enter into agreements with more than one Consultant.
Each proposal shall include a Statement of Qualifications and Technical Proposal, and a separate file with the Consultant’s proposed hours, rates and multipliers. The proposal should be organized as follows and contain the following minimum information:
1. Cover letter. The Proposal shall include a cover letter addressed to “Evaluation Committee,” that at minimum identifies the company, mailing address, main point of contact, email and phone number for contact, and reason for submitting the Proposal. It should describe the Consultant’s interest and commitment to perform the requested services for the City. The person authorized to negotiate a contract with the City should sign the cover letter. The cover letter should address a description of the Consultant’s understanding of the City’s organization, the Project, and how the Consultant is the most qualified firm to provide the requested services for the City (no more than two pages).
2. Firm Qualifications. This section shall describe the qualifications of the Consultant and its ability to provide the requested services to the City. State the qualifications and experience of the firm and subconsultants to be used on the project. Emphasize the specific qualifications and experience in managing and inspecting the construction of traffic signal and civil improvements. Highlight the experience of the firm and subconsultants on State and/or Federally Funded Projects. You may include a list of other public agencies your firm is providing similar services.
3. Organization Chart. This section should show Consultant’s organization chart showing the Principle in Charge, the proposed Resident Engineer, key staff, specialty services staff, and sub-consultants. Identify individuals for key positions and other team members and subconsultants and the major role(s) associated with each team member. Identify staff or subconsultants that are available to provide special services to meet the project scope of work.
4. Resident Engineer & Project Team. Describe the team member who can serve as Resident Engineer and who will be responsible for coordinating all elements of the construction management services. For each of the proposed key staff and/or other significant team members, summarize their individual work history and experience, what unique skills they would bring to the team on this project, and describe any Item 1G - Page 91
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12 assignments/projects that are directly relevant or demonstrates their ability to provide the assigned tasks. Also describe how the proposed project team would interact with City staff and how the core team would be organized to address the City’s needs.
5. General Approach to Providing the Scope of Work. Describe your approach to providing the services described in this RFP. A general outline of the minimum requirements is provided in the requested services. Please provide the approach, written in your own words, that your team will take to providing each task. Identify which subconsultant will provide the service, as applicable.
Include a discussion that pertains to coordination with City staff, Caltrans, local agencies, utility companies, and any other regulatory or permitting agency that could be involved with the Project. Also discuss how the proposed Consultant team will identify project problems, issues, or conflicts that need to be resolved and the general approach to resolving them and how proposed Consultant team has handled unforeseen problems on projects in the past.
6. Project Control System Development. Describe the approach to develop and implement a Project Control System (PCS). Provide a description of an example of systems and/or reports used with similar clients to track project progress and expenditures, administer, and monitor the construction contract, and maintain critical program and project information.
7. Scope of Work. Provide a detailed scope of work outlining the Consultant’s proposed tasks to complete the Scope of Work described in the requested services. This section should outline the Scope of Work by Task and Subtask for negotiation purposes and inclusion in the final contract.
8. Reference Project. Identify a prior federally funded, preferably a signal and civil improvement project, constructed on in construction during the past 5 years in which the Consultant has performed as the Resident Engineer (as the prime consultant) and that provided services like those envisaged by this RFP. Provide client references from projects underway or completed in Caltrans District 8 (preferably local projects that can be visited).
Reference information must include the following:
a. Client name and contact information
b. Project description and location
c. Total value of the services provided
d. Key personnel involved and their role
e. Subconsultants you worked with on the project
9. Forms. The following attachments must be included in the Proposal. These attachments do not count towards the page limit.
a. Attachment B – Signature and Addenda Acknowledgement Form b. Attachment C – Non-Collusion Declaration Form
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13 c. Attachment D – Conflict of Interest and Non-Discrimination Certification d. Attachment E – Public Integrity Disclosure Form (do not include instructions) e. Attachment F – Federal Forms:
- 10-O1 – Consultant Proposal DBE Commitment
- 10-Q – Disclosure of Lobbying Activities
- 15-H – Proposer Good Faith Effort (if necessary)
PROPOSAL EVALUATION CRITERIA
An evaluation committee will evaluate each responsive RFP using the following evaluation criteria (100 total points possible).
• Understanding of the work to be done (30 points)
• Experience with similar kinds of work (25 points)
• Quality of staff for work to be done (20 points)
• Familiarity with State and/or Federal projects/procedures (15 points) • Format and organization of proposal (10 points)
During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Consultants, or to allow corrections of errors or omissions.
QUESTIONS OR CLARIFICATIONS
It shall be the Consultant’s responsibility to ask questions, request clarifications, or otherwise advise the City of any language, specification, or requirements of the RFP that is ambiguous or contradictory.
Questions and requests for clarification regarding this RFP shall be submitted in writing in the PlanetBids Questions tab by 3:00 PM, on July 17, 2024. Questions and requests for clarification received after that date and time will not be answered. Requests for time extensions will not be approved.
Interpretations or clarifications considered necessary in response to such questions and request for clarification will be resolved by the issuance of a response to questions or formal Addenda released in PlanetBids. Only questions and request for clarification that have been resolved by formal written response in PlanetBids will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.
Consultants, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any City employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as Item 1G - Page 93
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14 directed above. Contact with anyone other than as directed above may be cause for rejection of a submittal.
SUBMITTAL OF PROPOSALS
Consultants to upload response files as a pdf in PlanetBids.
Submittals shall be received by the deadline of 3:00 PM, August 8, 2024. Late submissions will be rejected.
INFORMATION REGARDING THIS REQUEST FOR PROPOSALS
PREVAILING WAGES: Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at City Hall upon request. The selected Consultant shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the selected Consultant, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. If awarded a contract, the Consultant and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this RFP may also be subject to compliance monitoring and enforcement by the DIR.
FEDERAL-AID PROVISIONS: The Consultant’s services will be provided for a federally funded local transportation project, which necessitates compliance with additional requirements. Special attention is directed to Attachment F – Local Assistance Procedures Manual (LAPM) Exhibit 10-I, Notice to Proposer DBE Information. Consultants shall complete and submit the following forms with the proposal to be considered responsive.
The following forms and instructions are provided in Attachment F:
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15 • Local Assistance Procedures Manual (LAPM) Exhibit 10-I, Notice to Proposers DBE Information;
• LAPM Exhibit 10-O1, Consultant Proposal DBE Commitment; • LAPM Exhibit 15-H, Proposer/Contractor Good Faith Efforts (DBE) – Required only if the DBE goal is not achieved.
Prior to award and through completion of the services, the selected Consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms and information:
• LAPM 10-O2, Consultant Contract DBE Commitment;
• IG - Certification of Indirect Costs and Financial Management System; • Cost Proposal in a task-based format supported by a rate sheet demonstrating compliance with 2CFR200;
• LAPM 10-Q, Disclosure of Lobbying Activities, if necessary. • Consultant’s Prevailing Wage Policy, if applicable; and • Any other relevant forms required for the project.
The selected Consultant shall demonstrate familiarity of providing services for federally funded signal and civil improvement projects and has clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance Procedures Manual.
The contract resulting from this RFP is subject to the federal aid cost principles outlined in 2 CFR 200. Depending on the total contract value, the selected Consultant may be required to submit additional financial documents in response to this RFP. Proposers should be aware of the additional financial review requirements described in the Caltrans Chapter 10 to approve Indirect Cost Rates. The Office of Audits and Investigations Financial Document Request Review Form describes the applicable forms necessary to be provided by the Prime and Subconsultants once the final contract value has been agreed upon.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS: As the Construction Management Services for the Project will be funded with federal funds, the selected Consultant’s final contract is subject to applicable provisions of the Caltrans Disadvantaged Business Enterprise (DBE) Program Plan as it relates to local agencies. The DBE Program Plan is prepared in accordance with U.S. Department of Transportation (DOT), 49 CFR, Part 26 regulations.
Firms replying to the RFP shall review the Notice to Proposers – Disadvantaged Business Enterprise Information (Exhibit 10-I), included in Attachment F to this RFP. Additionally, firms should review the Caltrans Local Assistance Manual (”LAPM”), Chapter 10 “Consultant Selection”.
To be aware of the Caltrans regulations and requirements if being selected for the Project. The City will be utilizing the “One Step RFP” process as identified in the Chapter 10 of the LAPM. It is the Item 1G - Page 95
16 policy of the City of Palm Springs to ensure that DBE’s, as defined in 49 CFR, Part 26, have an equal opportunity to receive and participate in federal-aid contracts. It is also the City’s policy:
• To ensure nondiscrimination in the award and administration of DOT-assisted contracts; • To create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts; • To ensure that the City’s DBE participation percentage is narrowly tailored, in accordance with applicable law;
• To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBE’s;
• To help remove barriers to the participation of DBE’s in DOT-assisted contracts; and • To assist the development of firms that can compete successfully in the market place outside the DBE program.
DBE’s and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (see 49 CFR, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). Firms submitting a proposal in reply to this RPP should ensure that DBE’s and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance.
Firms shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of its subcontracts.
Firms are encouraged to use services offered by financial institutions owned and controlled by DBE’s.
The City of Palm Springs operates under a state-wide DBE Program administered by Caltrans.
Federal-aid contracts will contain varying percentages of Disadvantaged Business Enterprises (DBE) participation goals that selected firms will be required to meet or, alternatively, perform a good-faith effort to meet as a condition of award of a contract.
The City has established a DBE contract goal of 16%. The City encourages firms to subcontract services to the extent possible with DBE’s. If portions of the work required by the project are not assigned by sub-contract to DBE firms equal to or exceeding that participation level, the selected firm will be required to demonstrate that appropriate good faith efforts were made.
A “Consultant Contract DBE Commitment” Exhibit 10-O1 and/or 10-O2 form will be included in the Agreement documents (see Attachment F) to be executed by the selected firm. The purpose of this form is to collect data required under 49 CFR, Part 26. Even if no DBE participation will be reported, the successful firm must execute and return the form.
Firms replying to this RFP are advised to read more about the Caltrans DBE Program by visiting the Caltrans DBE website at: https://dot.ca.gov/programs/business-and-economic-opportunity.
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17 QUALITY CONTROL/ASSURANCE MEASURES: Implementing and maintaining quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones. Also, provide knowledge, experience, and familiarity with Quality Control and Quality Assurance (QC/QA) for California Test Methods and Laboratory.
PRIOR CITY WORK: If your firm has prior experience working with the City, DO NOT assume all members of the evaluation committee know about said prior work done by your firm. All Consultants are evaluated on the information contained in their RFP, information obtained from references (including the City and past performance if applicable), and presentation, if requested. RFPs should be prepared as if the evaluation committee members have no knowledge of the Consultant, their qualifications or past projects.
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any Consultant responding to this Request for RFP in the preparation of their RFP or participation in any presentation if requested, or any other aspects of the entire Request for RFP process.
RESPONSIBILITY OF CONSULTANTS: All Consultants responding to this Request for RFP shall be responsible. If it is found that a Consultant is not responsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the RFP, etc.), the RFP may be rejected.
NONCOLLUSION: All Consultants must execute the Non-Collusion Declaration Form provided as Attachment C in this RFP and include it with their RFP.
COMPLIANCE WITH LAW: Consultant warrants that all services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City and are subject to the California Code Section 6250 et seq., commonly known as the California Public Records Act (“CPRA”). Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City’s negotiations are completed, and staff has agendized the recommendation to the City Council for the award of a contract to a specific Consultant, but before final action is taken by the City Council to award the contract.
Although the CPRA recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the Consultant submitting such information with reasonable notice to allow the Consultant to seek protection from disclosure by a court of competent jurisdiction.
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18 If a submitting Consultant contends that a portion of the submittal is confidential even under the CPRA, the firm: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the CPRA 3) must actively defend against any request for disclosure of information which the Consultant has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a Consultant submitting a submittal or any other person or entity, because of the release of such information.
The City will not return the original or any copies of the submittal or other information or documents submitted to the City as part of this RFP process. Note that the City may NOT recognize submittals where all of the information, via a blanket statement, is submitted as proprietary information or a trade secret. Such submittals may be found non-responsive.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the Consultant responding to this RFP to perform the services and the Firm shall furnish to the City all such information and data for this purpose as the City may request.
The City reserves the right to reject any RFP if the evidence submitted by or investigation of such Firm fails to satisfy the City that such Firm is properly qualified to carry out the obligations of the Agreement and to complete the services contemplated therein.
LICENSES, PERMITS, FEES, AND ASSESSMENTS: Consultant represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the services requested in this RFP.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement, if so awarded, any license, permit, qualification, or approval that is legally required for Consultant to perform the services under the Agreement, if so awarded. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required under the Agreement, if so awarded. Consultants shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
RFP TO REMAIN OPEN: Consultants shall guarantee that all contents of their RFP and cost proposal shall be valid for a period of 120 calendar days from the due date in this RFP.
SIGNED RFP AND EXCEPTIONS: Submission of a signed RFP will be interpreted to mean that the Consultant responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this RFP, and the Agreement (as defined herein) in Attachment G. Exceptions to any of the language in either the RFP or the Agreement, including the insurance Item 1G - Page 98
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19 requirements, must be included in the RFP and clearly defined. Exceptions to this RFP or the Agreement may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved.
RIGHT TO ACCEPT OR REJECT PROPOSALS: The City reserves the right to waive any informality or technical defect in an RFP and to accept or reject, in whole or in part, any or all RFP and to cancel all or part of this RFP and issue a new Request for RFP, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. Issuance of this RFP and receipt of RFP does not commit the City to award a contract.
BUSINESS LICENSE: The selected Consultant will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled “Business Tax”.
INSURANCE: Insurance provisions are contained in the Agreement included in this RFP.
Successful Consultants will be required to comply with these provisions. It is recommended that Consultants have their insurance provider review the insurance provisions BEFORE they submit their proposal.
FORM OF AGREEMENT: The selected Consultant will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City in accordance with the standard Professional Services Agreement for Construction Management Services (“Agreement”). Please note that the exhibits in the Agreement are intentionally not complete. These exhibits will be negotiated with the selected Consultant and will appear in the final Agreement executed between the parties.
We specifically draw your attention to the language in sections of the Agreement entitled “Conflict of Interest” and “Covenants Against Discrimination” and recommend all Consultants carefully consider these contractual requirements prior to submitting an RFP. Firms that submit an RFP shall certify the following by submitting Attachment D as part of its RFP:
a. Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in the Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of the 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 the Agreement. b. Covenant Against Discrimination. In connection with its performance under the Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic Item 1G - Page 99
20 characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter the Agreement, and in executing the Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award.
If the highest ranked Consultant refuses or fails to execute the Agreement, or negotiations are not successful, or the Agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on.
AWARD OF CONTRACT: It is the City’s intent to award a contract to Consultants that can provide the scope of work, equipment and services identified in this RFP. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the consultants to be recommended for award and a contract has been negotiated and put on the agenda for consideration. The decision of the City Council will be final.
OTHER PUBLIC AGENCY “PIGGYBACK” CLAUSE: It is intended that any other public agency, at the mutual consent of both parties and consistent with the public agency’s policies and procedures, be permitted to purchase under the terms submitted in the response to this procurement. Any participating agency shall take sole responsibility for the placing of orders, arranging for delivery and or services, and making payments to the vendor, contractor, or consultant. The City will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with the participation by other public agencies.
Item 1G - Page 100
CITY OF PALM SPRINGS
Construction Management Services
HSIP Cycle 9 Traffic Signal Modifications at
Nine (9) Intersections Project, Federal Aid
Project No. HSIPL-5282(049),
City Project No. 18-05
August 8, 2024
Item 1G - Page 101
f!DCONSUL T ANTS
BUILDING SOLUTIONS
TABLE OF CONTENTS
1. Cover Letter ............................................................................................................................................1
2. Firm Qualifications.................................................................................................................................3
3. Organization Chart .................................................................................................................................6
4. Resident Engineer & Project Team.......................................................................................................6
5. General Approach to Providing the Scope of Work..........................................................................10
6. Project Control System Development ...............................................................................................15
7. Scope of Work ......................................................................................................................................16
8. Reference Project.................................................................................................................................20
9. Forms.................................................................................................................... Separate Submission Appendices
Sample Weekly Newsletter......................................................................................................Appendix A Item 1G - Page 102
1. COVER LETTER August 8, 2024
Evaluation Committee
City of Palm Springs, Engineering
3200 E Tahquitz Canyon Way, Palm Springs, CA 92262
Subject: Proposal for Construction Management Services related to the HSIP Cycle 9 Traffic Signal Modifications at Nine (9) Intersections Project, Federal Aid Project No. HSIP-5282(049), City Project No. 18-05 Evaluation Committee:
Z&K Consultants Inc. (Z&K) proudly presents our proposal to the City of Palm Springs’ Request for Proposals to provide Construction Services related to the HSIP Cycle 9 Traffic Signal Modifications at Nine (9) Intersections Project, Federal Aid Project No. HSIPL-5282(049), City Project No. 18-05. Our Team commits to perform the requested services for the City.
Z&K is a certified Disadvantaged Business Enterprise
(DBE), Women’s Business Enterprise (WBE), and Small
Business Enterprise (SBE) in Southern California. Z&K
specializes in the provision of Project Management,
Construction Management, Construction Administration,
Construction Inspection, Pre-Construction Inspection, Staff Augmentation, and other Professional Engineering
Consulting Services. The Z&K Team has held numerous
similar contracts for local agencies. The Z&K Team meets the Project DBE Goal of 16%.
UNDERSTANDING OF WORK TO BE DONE | The Z&K Team has been working diligently to understand every aspect of the project, reviewing existing plans and specs, visiting the site, researching stakeholders’ concerns, and identifying key constraints. This involvement provides us with a deeper understanding of the challenges that this project will be facing, as well as familiarity with the site and nearby stakeholders. This knowledge and preliminary legwork will help us to hit the ground running and help the contractor understand the project better, preventing possible issues that may arise.
We understand that this project will improve nine (9) existing signalized intersections throughout the City. Work includes modifying traffic signals for improved visibility, installation of advanced dilemma zone detection, protected left-turn phases, pedestrian countdown heads, and replacing curb ramps at the project intersections. As a federally funded project, the Project required environmental clearance pursuant to both the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”). We understand that we will be responsible for ensuring all environmental measures are monitored to ensure compliance by the City’s construction contractor. We have reviewed the 100% plans which completed and available on PlanetBids through the construction bid advertisement. All work is within Public Right of Way with the R/W certification approved on August 10, 2023. We understand that the current construction estimate is $2,000,000.00; CON funds authorized on November 30, 2023; tentative construction schedule is 120 working days, anticipated to begin in Fall of 2024.
EXPERIENCE WITH SIMILAR KINDS OF WORK | The Z&K Team has successfully completed over 30 Intersection/Traffic Signal Improvement Projects, including modifying traffic signals for improved visibility, installation of advanced dilemma zone detection, protected left-turn phases, pedestrian countdown heads, and replacing curb ramps at the project intersections. We have worked on projects with the same funding and understand the importance of complying with all funding requirements. We believe that this is the best team to complete the project, having Converse Consultants and ZT Consulting working with us to meet and exceed the needs of this project.
Z&K has extensive experience providing Construction Management and Inspection Services on similar projects to the City of Palm Spring’s Project. Over the last 5 years, the Z&K team has provided these Services for the following similar contracts and projects:
» Traffic Signal Improvements at 12 Intersections Project, HSIPL-5430(034) (City of Cathedral City)« » Pedestrian Countdown Signal Head Installation Project, HSIPL-5130(022) (City of Alhambra)« » El Segundo Boulevard Improvement Project (City of El Segundo)« » Anza/Vista Montana/Pacific Coast Highway Intersection Improvements (City of Torrance) « » Ramona & Walnut Traffic Signal Modifications Street improvements Project (City of Chino) « » 11th Street Traffic Signal Modifications & Intersection Accessibility Project (City of Chino) « » Kimball/El Prado/Central Traffic Signal Improvement Project (City of Chino) « » Euclid Avenue – State Route 83 Intersection Improvements & Traffic Signal (City of Chino) « » Farmer Boys Street and Traffic Signal Improvement Project (City of Chino) » Citywide Parkway Maintenance, Street Rehabilitation, Slurry Seal Project (City of Costa Mesa) « Federally Funded Project
Z&K Consultants Inc.
Firm Certifications DBE, SBE, WBE
Contact Person Crystal Fraire, PE, QSD/QSP
Telephone Number 951.310.7470
Email Address [email protected]
Mailing Address 17130 Van Buren Blvd., Suite 122
Riverside, CA 92504
The Z&K Team has
successfully completed
over 30 Intersection/Traffic
Signal Improvement and
over 60 street improvement
Projects in the past 5 years.