Twentynine Palms City Council
April 23, 2024

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org

Tuesday, April 23, 2024
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, April 23, 2024 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Pastor Amy Miranda, First Assembly of God Church.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

ANNOUNCEMENTS
These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.

You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to Twentynine Palms Interact for their Participation in the Cash for Trash and Recycling Program.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

CONSENT CALENDAR
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action.

2. Waive the Reading of Ordinance and Approve the Reading by Title Only.

3. Approval of Minutes of the City Council Meeting Held on City Council - Regular Meeting with Closed Session - 09 Apr 2024 - Minutes - Pdf City Council - Regular Meeting - 26 Mar 2024 - Minutes - Pdf 5 - 15

4. Treasurer's Report - FY 2023-24 Quarter 3.

RECOMMENDATION: The City Council receive and approve the Treasurer's Report for the 3rd Quarter of Fiscal Year 2023-24.

Treasurer's Report - FY 2023-24 Quarter 3. - Pdf
17 - 19

5. Updating the Authorized Signers on the City's Bank Accounts.

RECOMMENDATION: The City Council adopt Resolution No. 24-_, designating authorized signers on the City Bank Accounts.

Updating the Authorized Signers on the City's Bank Accounts. - Pdf 21 - 24

6. Updating Information with the Local Agency Investment Fund (LAIF).

RECOMMENDATION: The City Council adopt Resolution No. 24-___, updating the City's authorized officers to order the deposit or withdrawal of funds in the City's LAIF account.

Updating Information with the Local Agency Investment Fund (LAIF). - Pdf 25 - 27

7. Design Contract for the City-Wide Channel Trail Project.

RECOMMENDATION: The City Council award the design contract to Sherwood Design Engineers for $495,000, and authorize a 10% contingency for potential change orders, for the City-Wide Channel Trail Project subject to “Approval as to Form” by the City Attorney, and “Approval as to Content” by the Interim City Manager.

Design Contract for the City-Wide Channel Trail Project. - Pdf 29 - 131

8. SBCTA Resolution for City-Wide Channel Trail Class I Bike Path Project.

RECOMMENDATION: The City Council adopt:

Resolution 24-___, "A Resolution of the City Council of the City of Twentynine Palms, California, Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority for Transportation Development Act Article 3 Funds for the City-Wide Channel Trail Class 1 Bike Path Project".

SBCTA Resolution for City-Wide Channel Trail Class I Bike Path Project. - Pdf 133 - 146

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING

9. Request to Vacate a Portion of Foothill Drive on Parcel Map 20360.

RECOMMENDATION:

1. Conduct the Public Hearing, consider public comment, and determine whether or not to vacate Foothill Drive located along the southern boundary of Parcel Map 20360.

2. Adopt Resolution 24-___ “A Resolution of the City Council of the City of Twentynine Palms, California, vacating of Foothill Drive from the easterly boundary of Bullion Avenue to the westerly boundary of Split Rock Avenue shown on Parcel Map 20360, according to Streets and Highways Code Sections 8320- 8325”.

3. Instruct the City Clerk to cause the Resolution vacating the easement to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8325 of the Streets and Highways Code.

Request to Vacate a Portion of Foothill Drive on Parcel Map 20360. - Pdf 147 - 154

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Community Events Grants.

RECOMMENDATION: The Events Ad Hoc Committee is recommending the following events to be funded; $20,000 in total:

1. Dine 29 Food Festival + Restaurant Week - $1,500;

2. Distance Duet - Free Public Choral Performances - $18,500 Community Events Grants. - Pdf
155 - 164

11. Facility Rental Fee Waiver Policy Update.

RECOMMENDATION: The City Council update the City's policy on waiving fees for City facility rentals.

Facility Rental Fee Waiver Policy Update. - Pdf
165 - 168

12. Flooded LED Illuminated Bluetooth Activated Permanent Mounted Warning Signs.

RECOMMENDATION: The City Council:

1. Authorize the purchase of 20 Flashing LED Flooded Signs in the amount of $57,551.55;

2. Authorize the Interim City Manager to execute all documents necessary to complete the project and accept CIRA GRANT funds for project reimbursement.

Flooded LED Illuminated Bluetooth Activated Permanent Mounted Warning Signs. - Pdf 169 - 178

FUTURE COUNCIL INITIATED ITEMS

1. Discussion of moving the 29! sign.

2. General Plan Review

3. Revisit funds that were allocated for the portable showers and Navigation Center.

PUBLIC COMMENTS
This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda.

CITY MANAGER UPDATE

ADJOURNMENT
It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting.

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., April 18, 2024.

Cindy Villescas CMC, City Clerk Time/Date

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
April 9, 2024

CLOSED SESSION AGENDA
5:30 P.M.

CALL TO ORDER - Mayor Bilderain called the Closed Session to order at 5:33 p.m.

ROLL CALL - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.

ADJOURN TO CLOSED SESSION - Mayor Bilderain adjourned to Closed Session at 5:34 p.m.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Government Code § 54956.9 (d)(1), (1 case), VENTURE & SAND LLC, and JAMES B. GRIDER v. City of Twentynine Palms, San Bernardino Superior Court Case No. CIVSB2333176.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION, Government Code § 54956.9 (d)(2), (1 case).

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:04 p.m.

Pledge of Allegiance - Veno Nathraj led the Pledge of Allegiance.

Invocation - Rev. Don Thursby, Little Church of the Desert, gave the Invocation.

Roll Call - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.

Closed Session Announcements – Mayor Bilderain announced that there was no reportable action.

Changes to the Agenda - None.

ANNOUNCEMENTS
Mayor Bilderain announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Proclamation Recognizing April 2024 as Sexual Assault Awareness Month.

Mayor Bilderain read the Proclamation to the audience.

City Council - Regular Meeting with Closed Session
April 9, 2024

2. Proclamation Recognizing April 2024 as Child Abuse Prevention Awareness Month.

Mayor Bilderain read the proclamation to the audience.

3. Proclamation Recognizing April 2024 as DMV Donate Life Month.

Mayor Bilderain read the proclamation to the audience.

4. Environmental and Climate Justice Community Change Grant Presentation by Women Of Color Global (WOCG).

Ms. Carrie Williams, representing Women of Color Global (WOCG), introduced Ms. Nancy Black, who provided a PowerPoint presentation about the Environmental and Climate Justice Community Change Grant.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott commented that he attended a community meeting on supporting our unsheltered residents and an Easter Service at Oasis Community Church.

Councilmember Wright mentioned that he attended the Basin Transit meeting, the Easter Egg Hunt at Set Free Church, the Good Friday Service at Little Church of the Desert, the Sunrise Service at Freedom Plaza, and Easter Sunday at Gospel Fellowship Church.

Councilmember Mintz commented that he attended an Events Committee meeting and helped at Sky's the Limit.

Mayor Pro Tem KIlink mentioned that he helped at Sky's the Limit as well, he attended an SBCTA meeting, and he wished everyone celebrating a birthday in April a Happy Birthday.

Mayor Bilderain commented that he had the privilege to attend and recognize Marines of the Quarter at the ASYMCA Luncheon that was held at Copper Mountain College, he met with the Southern California Edison's Government Relations Manager, he threw out the first pitch at Opening Ceremonies for Little League and he attended the Easter Egg Hunt at Luckie Park.

CONSENT CALENDAR

5. Waive the Reading of Ordinance and Approve the Reading by Title Only.

6. Approval of Warrant Register Totaling $2,758,089.50

7. CEQA Cost Estimate.

RECOMMENDATION: The City Council accept the cost estimate to conduct an Environmental Impact Report.

8. CEQA Consultants List.

RECOMMENDATION: The City Council direct Staff to publish a Request for Qualifications for consultants to be placed on a list maintained by the City Staff, and available to the public.

9. High Crash Unsignalized Intersections Project.

RECOMMENDATION: The City Council:

1. Adopt the project design represented by the Plans and Specifications for the High Crash Unsignalized Intersections Project.

2. Award the contract for the “High Crash Unsignalized Intersections Project” to DBX Inx, for the amount of $372,635 and authorize a 10% contingency of $37,264, for a total contract amount of $409,899.

City Council - Regular Meeting with Closed Session
April 9, 2024

3. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.

10. Split Rock Avenue Bridge Project.

RECOMMENDATION: The City Council:

1. Adopt the design of the project represented by the attached Plans and Specifications for the Split Rock Avenue Bridge Project.

2. Authorize Staff to advertise a Request for Proposal for a Construction Management firm to provide construction management services.

3. Execute the agreement with the County Flood Control District.

ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Mintz to approve the Consent Calendar as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, MINTZ, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Mr. Kurt Kipler, Twentynine Palms, asked what the selection process was for item #7. How was Terra Nova selected? Community Development Director Gardner responded to Mr. Kipler's question.

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.

PUBLIC HEARING- None.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Project Phoenix- Treatment System Improvements Continuation from March 26, 2024.

Councilmember Mintz recused himself due to a possible conflict of interest and left the Council Chambers at 6:33 p.m.

Interim City Manager Bowden presented the Staff Report.

Eileen Leslie, Twentynine Palms, spoke in opposition of the Project Phoenix Treatment System Improvements.

Interim City Manager Bowden mentioned that if we do not approve this project and proceed, the City will be responsible for paying for the whole project, which could be $2,000,000 or more.

Veno Nathraj, Twentynine Palms, had some questions relating to the Greens Development Purchase and Sale Agreement. Was the realtor involved mandated to find a potential buyer? Is there a connection between Greens Development Group and Greens Realty? He suggests that the City investigate the Purchase and Sale agreement before a decision is made.

ACTION: A motion was made by Councilmember Wright, seconded by Mayor Pro Tem Klink to:

1. Adopt the design of the project represented by the Plans and Specifications for the Project Phoenix – Treatment System Improvements;

City Council - Regular Meeting with Closed Session
April 9, 2024

2. Award a contract for the “Project Phoenix – Treatment System Improvements” to 316 Engineering & Construction, Inc. in the amount of $1,999,934 and authorize a Ten Percent (10%) Contingency in the amount of $199,993, for a total contract amount of $2,199,927;

3. Authorize the Interim City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: MINTZ
ABSENT: NONE
Councilmember Mintz returned to the Council Chambers at 6:52 p.m.

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal banners throughout the City.

2. Discussion of moving the 29! sign.

3. General Plan Review.

4. Review of the Fee Waiver Policy.

5. Revisit funds that were allocated for the portable showers and the Navigation Center.

Councilmember Wright asked that the Environmental and Climate Justice grant be brought back to the next agenda for a vote. Councilmember Scott seconded the item.

PUBLIC COMMENTS
David Baker, Twentynine Palms, made complaints regarding the Water District.

Mark Clebda, Twentynine Palms, spoke regarding the potential development of Ofland in the Indian Cove area. He spoke against this development.

Anna Stump, Chair of the PAAC, asked the City Council to remove the Discussion of moving the 29! sign from the Future Council Initiated Agenda Items list and put the item on the agenda for discussion.

LeeAnn Clarke, Twentynine Palms Ministerial Association, thanked the community for all the support of their Holy Day Services. She mentioned the upcoming events: 73rd Annual National Day of Prayer on Thursday, May 2nd, and the Mayor's Prayer Breakfast on Tuesday, May 21st from 7:00 a.m. to 9:30 a.m. She thanked Interim City Manager Bowden for his service while the selection of a new City Manager took place.

Eileen Leslie, Twentynine Palms, spoke regarding the 29! sign. She commented that the City Council has already discussed this and decided that you did not want to move it. She is requesting that the discussion of the treatment plant at Freedom Plaza be brought back. There are some critical issues at hand for businesses in the area. She commented that it has come to the community's attention that there are many lawsuits against the City, and these should be settled. what is our law team doing?
April Ramirez, Twentynine Palms, commented about the City making national news last week with the arrest of a San Bernardino County Sheriff's deputy and she is wondering if the City is going to add any clauses or seeking any type of reparations from the Sheriff's Department.

Mayor Bilderain mentioned that Mr. Peter Bhakta sent an email for public comment to be read into the record. He commented that the email has been distributed to all Councilmembers and read.

City Council - Regular Meeting with Closed Session
April 9, 2024

CITY MANAGER UPDATE
Interim City Manager Bowden mentioned that an Emergency Planning event will take place at the Walmart parking lot on May 11th, Hilltoppers Motorcycle Races went great and was very successful, and the new sign for Joshua Tree National Park Headquarters is up at Freedom Plaza. He mentioned that the Park had over 5,000 visitors over the weekend.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 7:13 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
March 26, 2024
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:01 p.m.

Pledge of Allegiance - Boy Scout Thomas Elkins led the Pledge of Allegiance.

Invocation - Pastor Michelle Ronia - Oasis Community Church, gave the Invocation.

Roll Call - The following Councilmembers were present: Klink, Scott, Wright, Bilderain. Mintz had an excused absence.

Closed Session Announcements - None.

Changes to the Agenda - None.

ANNOUNCEMENTS
Mayor Bilderain announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS – None.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended a couple of community meetings regarding potential grant applications for the City, as well as food for the unhoused population.

Councilmember Wright commented that he attended the Rotary Carnival and the All-Star Basketball Tournament. He commented "hats off" to the Park n Rec crew for all their hard work this past weekend.

Mayor Pro Tem Klink mentioned that he attended a Coachella Valley Firebirds Hockey game at Acrisure Arena in Palm Desert, and he thanked Ms. Minatrea and her Staff for all their hard work this past weekend.

Mayor Bilderain commented that he attended the All-Star Basketball Tournament, the Rotary Carnival, a few meetings with citizens and he wished everyone a Happy Easter.

CONSENT CALENDAR

1. Waive the Reading of Ordinance and Approve the Reading by Title Only.

2. Approval of Minutes of the City Council Meeting Held on February 22, 2024, February 27, 2024, and March 12, 2024.

3. Request To Vacate a Portion of Foothill Drive on Parcel Map 20360.

RECOMMENDATION: Adopt Resolution 24-02, “A Resolution of the City Council of the City of Twentynine Palms, California, giving notice of the City Council's intention to vacate Foothill Drive from the easterly boundary of Bullion Avenue to the westerly boundary of Split Rock Avenue shown on Parcel Map 20360, a length of 813.36’, and fixing the time and place for Public Hearing thereon."

City Council - Regular Meeting
March 26, 2024

4. Investment Policy.

RECOMMENDATION: The City Council review and approve the City's Investment Policy for Fiscal Year 2023-24.

5. Aha Projects!
RECOMMENDATION: The City Council approve the deal points for the lease agreement with Aha Projects! for the property located on 73637 Sullivan Road for a term of 5 years for $1 / year and authorize the Interim City Manager to negotiate and sign the agreements.

ACTION: A motion was made by Mayor Pro Tem Klink, seconded by Councilmember Wright to approve the Consent Calendar as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: MINTZ
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.

PUBLIC HEARING - None.

DISCUSSION AND POTENTIAL ACTION ITEMS

6. Project Phoenix – Treatment System Improvements.

RECOMMENDATION: That the City Council:

1. Adopt the design of the project represented by the Plans and Specifications for the Project Phoenix – Treatment System Improvements;

2. Award a contract for the “Project Phoenix – Treatment System Improvements” to 316 Engineering & Construction, Inc. in the amount of $1,999,934 and authorize a Ten Percent (10%) Contingency in the amount of $199,993, for a total contract amount of $2,199,927;

3. Authorize the Interim City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.

Mike Podegracz, Charles Abbott and Associates presented the Staff Report.

Eileen Leslie, Twentynine Palms, spoke about the phases of this project. She mentioned there are health concerns for the businesses in the area and the environmental impacts have changed in the last five years when the Mitigated Negative Declaration was done. She suggested looking at Phase 1 first.

Veno Nathraj, Twentynine Palms, mentioned that he has concerns about the project. He commented that the purchase and sale agreement with Greens Development was poorly written. He suggests that the City not put in the Treatment Plant at Freedom Plaza and have the hotel build their own.

Matt Shragge, General Manager Twentynine Palms Water District, provided more input on the project.

7. Sanctuary Church Event-Direct Staffing Costs.

RECOMMENDATION: The City Council approve the billable direct staffing fees associated with the Sanctuary Church event that will be held at the Community Center.

Recreation Division Manager Minatrea provided the Staff Report and updated information on the cost to rent the Community Center.

City Council - Regular Meeting
March 26, 2024
Susan Peplow commented to the City Council that they should take caution and tread lightly because this could cause a slippery slope moving forward.

After a brief discussion, a motion was made by Mayor Pro Tem Klink, seconded by Councilmember Wright, to approve the billable direct staffing fees associated with the Sanctuary Church event that will be held at the Community Center.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: MINTZ

8. Business Loan Improvement Program Status.

RECOMMENDATION: The City Council receive and file the report and provide directions as deemed appropriate.

Community Development Director Gardner provided the Staff Report.

9. Membership Dues Joint Powers Authority (JPA).

RECOMMENDATION: The City Council approve the $8,865.00 Increase in Membership dues with San Bernardino Council of Governments (SCBOG).

Interim City Manager Bowden provided the Staff Report.

ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Scott, to approve the $8,865.00 Increase in Membership dues with San Bernardino Council of Governments (SCBOG).

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: MINTZ

10. Appointment of City Manager.

RECOMMENDATION: The City Council approve an agreement between the City and H. Stone James to serve as City Manager for the City of Twentynine Palms.

Interim City Manager Bowden provided the Staff Report.

Mary Jane Binge, Twentynine Palms, asked if the new City Manager would be required to live in the City? Interim City Manager Bowden replied that Mr. James is currently in escrow for a home in the City.

Veno Nathraj, Twentynine Palms, welcomed the new City Manager and cautioned him saying that our City has problems, but which city does not have problems. He commented that he is coming to a city that has a lot of upside potential and it is a great city to live in.

Susan Peplow thanked the City Council for the time put in to make this selection and she is sure the decision made was a great one. She congratulated Mr. Stone James.

City Council - Regular Meeting
March 26, 2024
ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Scott, to approve an agreement between the City and H. Stone James to serve as City Manager for the City of Twentynine Palms.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: MINTZ
Mr. James thanked the City Council for the opportunity. He commented that he looks forward to working with the City Council and Staff and he looks forward to being a part of the community.

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal banners throughout the City.

2. Discussion of moving the 29! sign.

3. General Plan review.

4. Discussion on an Environmental and Climate Justice Community Change grant that is available.

5. Review of the Fee Waiver Policy.

6. Revisit funds that were allocated for the portable showers and the Navigation Center.

Councilmember Scott asked that number 4 be brought to the first meeting in April for discussion. Councilmember Wright seconded the item.

PUBLIC COMMENTS
Mary Jane Binge, Twentynine Palms, spoke about our community and asked if there is a way that we could change "City" to "Community" of Twentynine Palms.

Anastacia Gonzales, Twentynine Palms, spoke about negligence and medical malpractice in the City.

La Nesha Blackman, Twentynine Palms, spoke with a heavy heart about an issue that demands the City Council's attention. She mentioned that there is a social worker that is racially discriminating against minorities.

CITY MANAGER UPDATE
Interim City Manager Bowden provided the following updates: the All-Star Basketball Tournament was a huge success and the Annual Easter Egg Hunt hosted by the San Bernardino County Fire Department is this upcoming weekend at Luckie Park beginning at Noon.

City Clerk Villescas announced the new Public Records Request portal on the City's website and mentioned that paper forms will no longer be accepted.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 7:00 p.m.

Respectfully submitted,
Cindy Villescas, CMC

City Council - Regular Meeting
March 26, 2024
City Clerk/Public Information Officer

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Apr 23 2024
SUBJECT: Treasurer's Report - FY 2023-24 Quarter 3.

RECOMMENDATION:

The City Council receive and approve the Treasurer's Report for the 3rd Quarter of Fiscal Year 2023-24.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• TREASREP 3.31.24
• Securities Report 3.31.24
ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to accept this report as is.

FISCAL IMPACT:

N/A

City of Twentynine Palms
Treasurer's ReportMarch 31, 2024
Average Interest Market Percent
Depository Term Matures Rate Amount Value of TotalPetty Cash and Cash on Hand On Hand N/A $750 $750 0.00%PPBI Bank Checking Account Demand 0.00% $2,413,483 $2,413,483 14.88%PPBI Bank - Successor Agency Demand 0.00% $7,030 $7,030 0.04%Local Agency Investment Fund Demand 4.30% $6,360,351 $6,319,283 38.96%Cash with MBS Demand 0.00% $22,225 $22,225 0.14%U.S. Treasury Bills 5.203% $1,492,957 $1,516,139 9.35%Cerfificate of Deposit 3.57% $5,418,000 $5,288,613 32.60% Total City Funds $15,714,796 $15,567,523 95.97%Funds Held in Trust:Cash With Fiscal Agent (Project Phoenix) $653,546 $653,546 4.03%Total Funds in the Treasurer's Custody $16,368,342 $16,221,069 100.00%NOTES:1) All the above investments are in compliance with the City's Investment Policy.2) The City has sufficient funds to meet its expenditure requirements for the next six months.Prepared by: Abigail Hernandez CondeDate: 4/17/24

City of Twentynine Palms RMB033895
Account eCD70981
Report Name Position Report ExportExecuted 3/31/2024Certificates of Deposit Issuer Settle Date Maturity Date Principal Payment Frequency Rate Interest Earned Redeemed AMERICAN EXPRESS 6/29/2022 6/29/2027 $245,000.00 Monthly 3.40% $707.48AUSTIN TELCO FED CR 9/21/2022 9/21/2027 $249,000.00 Monthly 3.80% $803.62 BEAL BK USA LAS 3/2/2022 2/24/2027 $245,000.00 Semi Annual 2.05% $426.57 CAPITAL ONE BK USA 5/11/2022 5/11/2027 $246,000.00 Semi Annual 3.20% $668.58 CAPITAL ONE NATL 4/27/2022 4/27/2027 $245,000.00 Semi Annual 2.90% $603.44CITY FED CR UN 1/12/2024 1/12/2029 $240,000.00 Monthly 3.95% $805.15 COBALT FED CR UN 9/15/2022 9/15/2027 $249,000.00 Monthly 3.60% $761.33CREDIT UN OF TEX 9/14/2022 9/15/2025 $245,000.00 Semi Annual 3.60% $759.50 DISCOVER BK 5/18/2022 5/19/2027 $246,000.00 Semi Annual 3.20% $668.58DORT FINL CR UN 6/20/2023 6/20/2028 $247,000.00 Quaterly 4.50% $944.02 FIRST INTERNET BK 9/28/2022 9/25/2025 $249,000.00 Monthly 4.00% $845.91FIRST TECHNOLOGY FED 7/15/2022 7/15/2027 $249,000.00 Monthly 3.60% $761.33GREENSTATE CR UN 9/26/2023 9/26/2028 $248,000.00 Monthly 5.00% $1,053.15LAFAYETTE FED CR UN 5/25/2022 5/25/2027 $245,000.00 Monthly 3.25% $676.27 MAINE SVGS FCU 7/21/2023 7/21/2028 $248,000.00 Monthly 4.80% $1,011.03 MORGAN STANLEY 10/3/2019 10/3/2024 $245,000.00 Semi Annual 1.95% $405.76 MORGAN STANLEY BK N 9/15/2022 9/15/2026 $245,000.00 Semi Annual 3.60% $749.09 MOUNTAIN AMER FED CR 10/14/2022 10/15/2024 $248,000.00 Monthly 4.75% $1,000.49QUORUM FED CR UN PUR 9/30/2022 9/30/2026 $249,000.00 Monthly 4.15% $877.64 STATE BK INDIA NEW 3/10/2022 3/10/2027 $245,000.00 Semi Annual 2.20% $457.79 SYNCHRONY BK RETAIL 7/29/2022 7/29/2025 $245,000.00 Semi Annual 3.40% $707.48TOYOTA FINL SVGS BK 9/16/2022 9/16/2027 $245,000.00 Semi Annual 3.60% $749.10 Totals $5,418,000.00 3.57% $16,443.31 $0.00United States Treasury BillsTSRYS5570126 10/26/2023 4/18/2024 $249,622.76 At Maturity 5.343% $0.00TSRYS5709806 12/7/2023 6/6/2024 $243,747.01 At Maturity 5.159% $0.00 TSRYS5598351 12/21/2023 6/13/2024 $999,587.56 At Maturity 5.108% $0.00Totals $1,492,957.33 5.203%Cash, Money Funds, and Bank Deposits CASH BALANCE $22,225.33

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Apr 23 2024
SUBJECT: Updating the Authorized Signers on the City's Bank Accounts.

RECOMMENDATION:

The City Council adopt Resolution No. 24-_, designating authorized signers on the City Bank Accounts.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Request Public Comment
Council Question of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Resolution 24_ Pacific Premier
Bank Signers
BACKGROUND:

Banks with whom the City does business with normally require a City Resolution designating which City officials are authorized to open bank accounts and to execute checks and other orders for payment of City funds. The City currently has two active accounts with Pacific Premier Bank, one is a general checking account (43505041) and one is for the Successor Agency Non-Housing Fund (1000361582). With the appointment of the new City Manager, Stone James, the City needs to update its authorized signers on the aforementioned bank accounts.

This update includes adding Stone James as a new signer on both accounts and removing James L. Bowden, Interim City Manager, from both accounts. This change is effective April 29, 2024, and shall remain in force until rescinded by the City Council of the City of Twentynine Palms. The attached Resolution supersedes and replaces all prior Resolutions pertaining to the City's bank account signers.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose to add or remove any of the individuals listed.

FISCAL IMPACT:

None.

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF TWENTYNINE PALMS DESIGNATING

AUTHORIZED SIGNERS ON CITY BANK

ACCOUNTS
WHEREAS, in the course of business for the City of Twentynine Palms ("City"), it establishes relationships with various financial institutions (“banks”) for purposes including, but not limited to, depository of City funds, investment of funds, borrowing money, or making payments on bonds and other debt issued by the City; and
WHEREAS, banks with whom the City does business normally require a City resolution designating which City officials are authorized to open bank accounts and to execute checks and other orders for payment of City funds; and WHEREAS, the City desires to designate certain City officials to open bank accounts and execute checks and other orders for payment of City funds;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, RESOLVES AS FOLLOWS:

Section 1. As used in this Resolution, the term "Bank" shall mean any financial institution with whom, pursuant to this Resolution, the City establishes a banking relationship. A list of accounts active as of the date of this resolution is attached as Appendix A.

Section 2. That checks, drafts, or other orders for the payment, transfer, or withdrawal of any of the funds or other property of the City on deposit with a Bank shall be binding on the City when signed, manually or by use of a facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed below as Authorized Signers, and the Bank is hereby authorized to pay and charge to the account of the City any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts, or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer, or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the City from time to time.

Section 3. That City’s Finance Director or Treasurer will certify to a Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall notify the Bank of any change of the persons then authorized to sign or to act.

Section 4. That the holders of the following positions or their successors in office with the City are authorized to sign or act on behalf of the City ("Authorized Signers"):

Councilmember: Steven Bilderain
Councilmember: Joel A. Klink
Councilmember: Daniel L. Mintz, Sr.

Councilmember: Octavious Scott
Councilmember: McArthur Wright
City Manager: Stone James
Section 5. That this Resolution be effective April 29, 2024 and shall remain in full force until express written notice of its rescission or modification has been furnished to and received by a Bank.

PASSED, APPROVED, AND ADOPTED, on the 23rd day of April 2024.

______________________
Steven Bilderain, Mayor
ATTEST:
_______________________________
Cindy Villescas CMC, City Clerk
I hereby certify that the foregoing Resolution No. 24-__ was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof, held on the 23rd day of April 24, by the following vote of the Council:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

Appendix A
Bank Name Account Number
Pacific Premier Bank General Account 43505041
Pacific Premier Bank Successor Agency Non-Housing 1000361582

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Apr 23 2024
SUBJECT: Updating Information with the Local Agency Investment Fund (LAIF).

RECOMMENDATION:

The City Council adopt Resolution No. 24-___, updating the City's authorized officers to order the deposit or withdrawal of funds in the City's LAIF account.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Request Public Comment
Council Question of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• LAIF Resolution 24_
BACKGROUND:

The City invests idle funds in the Local Agency Investment Fund (LAIF), currently about $6.4M. Transfers in and out of the City's LAIF account can only be made by persons that have been pre-registered with LAIF. With the appointment of the new City Manager, Stone James, the City needs to update the list of those authorized to access the LAIF account. The current authorized users include the Mayor, all four Councilmembers, Interim City Manager, and Finance Director/City Treasurer. The update includes adding Stone James, new City Manager, as a new signer to the account, and removing James L. Bowden, Interim City Manager, from the LAIF account. This change is effective April 29, 2024, and shall remain in force until rescinded by the City Council. The attached Resolution supersedes and replaces all prior Resolutions pertaining to LAIF signers.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose to add or remove any of the personnel listed.

FISCAL IMPACT:

None.

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF TWENTYNINE PALMS AUTHORIZING

CITY COUNCIL MEMBERS AND STAFF ACCESS
TO THE CITY’S ACCOUNT AT THE LOCAL

AGENCY INVESTMENT FUND (LAIF)
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council of the City of Twentynine Palms hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Twentynine Palms.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms, California, hereby authorizes the deposit and withdrawal of the City of Twentynine Palms’ monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

BE IT FURTHER RESOLVED, as follows:

Section 1. The following City of Twentynine Palms officers holding the title(s) specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Name Title
Steven Bilderain Councilmember/Mayor
Joel A. Klink Councilmember
Daniel L. Mintz, Sr. Councilmember
Octavious Scott Councilmember
McArthur Wright Councilmember
Stone James City Manager
Abigail Hernandez Conde Finance Director/ City Treasurer

Section 2. This resolution is effective April 29, 2024, and shall remain in full force and effect until rescinded by the City Council of the City of Twentynine Palms by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024.

______________________
Steven Bilderain., Mayor
ATTEST:
_______________________________
Cindy Villescas CMC, City Clerk
I hereby certify that the foregoing Resolution No. 24-__ was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof, held on the 23rd day of April, 2024, by the following vote of the Council:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_______________________________
Cindy Villescas CMC, City Clerk

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Apr 23 2024
SUBJECT: Design Contract for the City-Wide Channel Trail Project.

RECOMMENDATION:

The City Council award the design contract to Sherwood Design Engineers for $495,000, and authorize a 10% contingency for potential change orders, for the City-Wide Channel Trail Project subject to “Approval as to Form” by the City Attorney, and “Approval as to Content” by the Interim City Manager.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Proposal Sherwood_Trail_Twentynine Palms
• CWCT Professional Services AgreementSherwood Eng
•
Art3_TwentyninePalms_FY23_BikePed_Channel
Trail_App copy
BACKGROUND:

In June 2023, the Engineering Department submitted a grant application to San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 funds. The purpose of the funding is for transit, bicycle, and pedestrian facilities. The City's application requested design funds to provide construction plans and specifications for the 6.9 Mile Class 1 Bike Path known as the "City-Wide Channel Trail Project". Attached is a copy of the application for additional details.

After the City was notified of the successful grant award, Staff advertised a Request for Proposals (RFP) for civil engineering design services for the project. Staff received two proposals, one from Michael Baker International and the other from Sherwood Design Engineers.

The selection committee evaluated both proposals and initially selected Michael Baker International. Upon reviewing their fee, it was determined that the budget of $495,000 did not cover Michael Baker's scope of work reflected in their fee proposal. After negotiating with Michael Baker, it was apparent that lowering their fee to match the budget would not produce the anticipated product described in the grant application. Sherwood Design Engineers was then contacted and interviewed. Sherwood Design Engineers' qualifications and proposed fee are

aligned with the services requested and the budget for this project. Staff is satisfied that Sherwood Design Engineers is well qualified to complete the design for the project on schedule and within the awarded budget.

ENVIRONMENTAL:

Environmental services are included in the project's scope of work.

ALTERNATIVES:

The City Council could choose not to award the contract for design services.

FISCAL IMPACT:

The SBCTA Board approved funding for $420,750, utilizing Transportation Development Act (TDA) Article 3 funds. These funds are reimbursed to the City upon completion of work performed. A minimum local match of $74,250 is required for this grant. Local Measure I funds qualify for the match for this project.

ENGINEERING AND DESIGN SERVICES

CITY-WIDE CHANNEL

TRAIL PROJECT

QUALIFICATIONS PROPOSAL
PREPARED FOR:

PREPARED BY:

Rich Berger
City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
January 18, 2024
RE: SCOPE AND FEE PROPOSAL FOR ENGINEERING AND DESIGN SERVICES

FOR CITY-WIDE CHANNEL TRAIL PROJECT

CITY OF TWENTYNINE PALMS
Dear Mr. Berger,
In response to your request, Sherwood Design Engineers (Sherwood) is pleased to submit this proposal to the City of Twenty-nine Palms (the “Client” hereinafter) for engineering design, permitting, and construction administration services for the City-wide Channel Trail Project, located in the City of Twentynine Palms, County of San Bernardino, California. This proposal describes professional engineering and design services to be performed by Sherwood in collaboration with our Design Team.

Sherwood proposes the following scope tasks to provide the professional and technical services required to complete Construction Plans, Specifications and Engineer’s Estimate (PS&E) for the City of Twentynine Palms: City-wide Channel Trail Project. Our understanding of the work is based on our review of the RFP; the Twentynine Palms Community Trails Master Plan as well as the Morongo Basin Active Transportation Plan in which the Twentynine Palms Flood Channel Trail project was ranked first when evaluating the factors of network connectivity, regional and local need, health, equity, community support, economics and feasibility. This project is a perfect alignment with Morongo Basin’s goals associated with improving regional bike safety and creating more active, vibrant and connected communities. Building on the initial 2,000-foot segment of the trail which was built in Spring of 2023, this project will extend a new trail segment from Split Rock Avenue on the west and Adobe Road on the east. This additional 6.9 mile trail segment will be designed as a 12-foot wide by 5-inch thick PCC Class 1 bike path/pedestrian path, will incorporate deliberately placed seating areas, wayfinding and planting throughout and will ultimately connect to Fortynine Palms Canyon Trail to the west and Bagdad Highway to the east. The trail will follow the flood channel and will traverse the city making multiple roadway crossings. At each of these intersections our team will strategize with the client to develop proper crossings which align with ADA compliance, accommodate existing streetscape infrastructure and will provide proper safety measures for bicycle and pedestrian movements.

Sherwood is a recognized leader in alternative modes of transportation, public/pedestrian access, trail planning, and trail design, including paved multi-use trails, natural surface multi-use trails, and single-track hiking/mountain biking trails. Through our design experience, Sherwood has developed a strong understanding of trail planning and design for pedestrians and hikers, street and mountain bikes, and fully accessible (ADA compliant) trails that 00 COVER LETTER

provide access for wheelchairs and can accommodate strollers. Sherwood has experience designing to Federal Standards such as National Parks and ADA, Outdoor Recreation Accessible Routes, State, and local trail design standards.

This project will be transformative to the City of Twentynine Palms and we believe our team has the passion for collaboration and the commitment to design to deliver this project successfully. To support Sherwood, we have crafted a select group of subconsultant team (Design Team) members that has collaborated with us in the past and we feel will be best aligned to meet the goals of the project. As a firm that has worked on several regionally and nationally important trail projects, Sherwood Design Engineers brings experience and strategies that have been proven to help advance design and implement projects of this scale on-time and on budget. This includes our knowledge and familiarity with the preparation of comprehensive engineering design plans and specifications for a range of trail projects including those within sensitive riparian areas and adjacent to and across Caltrans Right of Ways and riparian enhancement projects that address local, state and federal permitting requirements.

As is with all of our trail projects we plan to lead our Design Team through this design and documentation effort by providing diligent and time-sensitive leadership, creative ideas, and ecologically sensitive and sound engineering solutions so that the project will create benefits that stretch beyond the bounds of the trail site. We appreciate this opportunity to present our proposal for this project and believe our Design Team can create a trail solution for the City of Twentynine Palms that can blend into the fabric of the City while sensitively addressing impacts on the land and its local ecosystems.

Please contact me if you have any questions or require any additional information.

We look forward to hearing from you.

Sincerely,
Robyn Cooper
Principal Engineer
P: 831.226.1434
E: [email protected]

00 ADDENDUM ACKNOWLEDGEMENT
ADDENDUM #1 & ADDENDUM #2
Addendum #1

Acknowledgement:

I have reviewed the materials included in Addendum No. 1 to the Community City-Wide Channel Trail Project and understand the information provided is included as part of the contract documents.

By:

Respondent’s Signature Date
Respondent’s Name (printed)
Name of Company
End of Addendum No. 1
Robyn Cooper
Sherwood Design Engineers
01/12/2024
Acknowledgement:

I have reviewed the materials included in Addendum No. 2 to the Community City-Wide Channel Trail Project and understand the information provided is included as part of the contract documents.

By:

Respondent’s Signature Date
Respondent’s Name (printed)
Name of Company
End of Addendum No. 2
Robyn Cooper
Sherwood Design Engineers
01/12/2024

TABLE OF CONTENTS
01 QUALIFICATIONS & EXPERIENCE
- RELEVANT PROJECT EXPERIENCE + REFERENCES
- FIRM PROFILE
- TEAM ORGANIZATIONAL CHART
- KEY STAFF RESUMES
02 SCOPE AND SERVICES
03 TIME SCHEDULE
04 TWENTYNINE PALMS SERVICES
- INFORMATION & SERVICES TO BE PROVIDED

BY THE CITY OF TWENTYNINE PALMS
05 CERTIFICATE OF INSURANCE

QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

FIRM PROFILE

TEAM ORGANIZATIONAL CHART

KEY STAFF RESUMES
01

P R E S I D I O C O A S TA L T R A I L A N D

BATTERY BRIDGE
A beautiful new trail, overlook, pedestrian bridge and watershed restoration project has emerged on the northern edge of San Francisco. Sherwood worked closely with Marta Fry Landscape Associates and the Golden Gate National Parks Conservancy to implement phases of the Presidio Coastal Trail. Pedestrians are able to ride, hike or stroll from the east side of the Toll Plaza under the bridge into the historic military batteries dating back to the Civil War. Under construction is a new pedestrian bridge spanning the WWII batteries, bridging two important segments of the entire planned multi-use trail. Slated next is the second half of the trail network leading to Baker Beach.

LOCATION
San Francisco, California
CLIENT
Golden Gate National Parks
Conservancy

DESIGN PARTNERS
Marta Fry Landscape Associates
SIZE
3 Miles
STATUS
Completed 2015

PROJECT TYPE
Parks / Open Space
Multi Park Trail

REFERENCE
Tom Odgers
Senior Project Manager
Golden Gate National Parks
Conservancy
[email protected]
(415) 561-3527
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

The project site is located on the former Ft Ord Military Base situated in the sensitive Coastal Sand Dune ecosystem adjacent to the Pacific Ocean in Monterey County, California. Sherwood completed the design of two separate trail alignments.

A 3 mile section of the Monterey Bay Sanctuary Scenic Trail (MBSST) was realigned and upgraded. The MBSST is a major commuter route as well as a recreational and tourist trail that connects the Cities of Marina, Seaside, and Monterey. Sherwood designed the northern and southern connection points to the existing MBSST, as well as a realignment throughout the State Park Campground. The new trail is 12 feet wide, and includes two 4-foot-wide bike lanes and a 4-footwide pedestrian lane. The entire length of trail is stripped and signed for various user groups. The Trail alignment includes an undercrossing below US Highway One and several at grade crossings that included the design of stop signs, stop bars, and crosswalks. The new multiuse trail was designed using the Caltrans guidelines for a Class 1 bikeway and included site furnishings such as bollards, fencing, bike racks, benches, and trash receptacles. This project is scheduled for construction in 2024
A new Beach Access Trail includes a half mile of fully accessible trail through the dunes to a Coastal Overlook and beach access ramp.

The Beach Access Trail is designed using ORAR/ABA standards. The Beach Access Trail is designed to be a firm surface created from local materials (sand) and resulting in a pervious finish that both supports accessibility criteria and meets stormwater requirements. The Beach Access Trail is situated in an area with endangered plants therefore the upmost care was taken to map and avoid the species. Resource protection fencing and interpretive signage are used along the trail to educate and keep users on the trail.

LOCATION
Marina, Seaside, Sand City,
California
CLIENT
California Department of Parks
and Recreation
SIZE
500 Acres

PROJECT TYPE
Civil Engineering

REFERENCE
Srikanth (Sri) Rao
Project Manager
CA Dept. of Parks & Recreation
[email protected]
(619) 221-7057

FORT ORD DUNES STATE PARK
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

LOCATION
Santa Cruz County, California
CLIENT
Land Trust of Santa Cruz County

DESIGN PARTNERS
Placeworks
WRA Environmental Consultants
SIZE
8,500 Acres

PROJECT TYPE
Civil Engineering

REFERENCE
Bryan Largay
Conservation Director
Land Trust of Santa Cruz County
Bryan.largay@
landtrustsantacruz.org
(831) 234-1177

S A N V I C E N T E F O R E S T T R A I L S &

STAGING AREA
Sherwood was retained by the Land Trust of Santa Cruz County (in association with conservation partners Peninsula Open Space Trust, Save the Redwoods League, and Sempervirens Fund) to prepare planning documentation and technical studies, construction documents, and oversee the construction of a new staging area, trailhead, and 35 miles of multi-use trails in the Santa Cruz Mountains. Formerly known as CEMEX Redwoods, San Vicente Redwoods Open Space encompasses 8,500 acres of old-growth Redwood and mixed oak forest with stunning views of the Pacific Ocean.

The staging area is designed to be installed in phases according to demand and use of the overall site. The staging area includes up to 90 parking spaces, including ADA parking stalls for vehicles and several horse trailer parking spaces. Additionally the staging area will include a ADA complaint vault restroom and trash/recycling receptacles, and a trailhead area with a hard wired “smart” information kiosk. Immediately adjacent to the staging area is a fully accessible (ADA/ORAR compliant) multi-use trail to allow for all user groups to enjoy the beautiful setting of San Vicente Redwoods. The project includes over 35 miles of purpose built, multi-use trails, including 100 creek/drainage crossings and 16 bridges. Sherwood has completed the design documentation and assisted the Land Trust in the project permitting and approval process with local, state, and federal agencies. This project is currently in the first phase of construction.

Concept Site Plan for Trail Design Public Access Plan
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

SOUTHWEST FRESNO TRAIL
Sherwood Design Engineers was retained by the City of Fresno to provide Engineering Services for the capital improvement project at southwest (SW) Fresno trail from West Avenue to Thorne Avenue. This project is funded through the Transformative Climate Communities (TCC) Grant Program administered by the Strategic Growth Council (SGC). The SW Fresno Trail Project will install a Class I Trail along the Fanning Ditch Alignment from West Avenue to Thorne Avenue in the SW quadrant of the City of Fresno. The project includes an urban greening component and will plant 102 trees and landscaping to increase the urban tree canopy, provide shade along the trail corridor, and reduce urban heat-island effects. The SW Fresno Trail will also enhance safety through the installation of street and trail lighting facilities.

LOCATION
Fresno, CA
CLIENT
City of Fresno

DESIGN PARTNERS
PGA
Aurum Consulting Engineers
Krazan
SIZE
00 Acres, 00,000 SF
STATUS
Construction Phase
To Be Completed 2024

PROJECT TYPE
Urban Trail Design

REFERENCE
Brandon Chacon
City of Fresno, Projects
Administrator, Transportation
Project Management, Public
Works Department
2600 Fresno Street, Room 4016,
Fresno, CA 93721
[email protected]
Office: (559) 621-8713
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

Other Relevant Project Experience:
• Yerba Buena Creek Trail - San Luis Obsipo,
CA
• Pedro Point Headlands
• Tuolumne River Regional Park Trail -
Modesto, CA
• Harold Richardson Redwood Reserve -
Sonoma, CA
• LaHonda Open Space Preserve Loop trail
and staging area - La Honda, CA
• Mendocino Headlands State Park
Trail Improvement and and Bridge
Replacement - Mendocino, CA
• Glenwood Preserve Trail Improvements
and Wetland Crossing - Scotts Valley, CA
• Natividad Regional Stormwater Facility
and Trail Improvements - Salinas, CA
• Pogonip Park Trail and Drainage
Improvements - City of Santa Cruz, CA
• Atlanta BeltLine Westside Extension,
Atlanta, GA
• Brooklyn Bridge Park, NY
• Memorial Park, Houston, TX
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

C I T Y O F M O R E N O V A L L E Y, J U A N

BAUTISTA DE ANZA MULTI-USE TRAIL
GUIDA provided the City of Moreno Valley with construction surveying services to support the construction of Phase 1 of the Juan Bautista De Anza Multi-Use Trail from El Potrero Park to Iris Avenue. The staking provided allowed for the installation of multi-use trail and street improvements, pedestrian paths, bicycle paths, sidewalks, curbs, gutters, driveways, access ramps, sub-grade/paving limits, and other related improvements per plans.

Additional services performed included verification/establishment of survey controls and monument preservation/perpetuation.

LOCATION
Moreno Valley, CA
CLIENT
City of Moreno Valley

DATE OF PERFORMANCE
Dec 2021 - Dec 2022

CONTRACT VALUE
$74,983

REFERENCE
Anna Chacon
Management Analyst
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
P: 951-413-3140
E: [email protected]
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

C A LT R A N S D I S T R I C T 8 – I 1 0 PA V E M E N T R E H A B I L I TAT I O N ( S E G M E N T 1 ) D E S I G N

B U I L D
The I-10 design build rehabilitation project will improve the safety and mobility of Interstate 10 from 1.8 miles east of Dillon Road Interchange to 2.0 miles east of Cactus City Rest Area in the city of Coachella in Riverside County. Project improvements include construct a concrete overlay over the asphalt of the mainline and shoulders within the project limits, widen bridges to accommodate traffic handling and an eastbound truck climbing lane, construct an eastbound climbing lane, improvements at the Cactus City rest area, drainage improvements as required, upgrade guardrail and bridge railings, repair and replace rock slope protection, and provide seismic retrofit for existing bridges as needed.

GUIDA is providing surveying and mapping services to support the design and construction of the pavement rehabilitation improvements. These services include verification of Caltrans District 8 horizontal and vertical controls, establishment of supplemental project controls, verification of existing Caltrans provided drainage and bridge topographic data, supplemental topographic surveys for drainage, bridge and other ground surveys, mobile LiDAR pavement surveys, preparation of digital terrain models, and preparation of final mapping files.

GUIDA is also responsible for coordinating and collaborating with a DBE survey consultant, sharing field and office survey tasks, integrating the DBE survey data collected and performing quality control reviews of the DBE consultants work product.

Throughout the course of the project, GUIDA will coordinate and collaborate with the design engineer, design build contractor, Caltrans District 8 and other stakeholders to ensure survey data needs are met and distributed to all parties. The design phase of the project began in March 2022 and will continue through completion of construction in August 2025.

LOCATION
Coachella, CA
CLIENT
Caltrans District 8 (Project
Owner)
Coffman & Associates (Design
Builder)

DATE OF PERFORMANCE
2022 - Ongoing

C O N T R A C T V A L U E
$500,000

REFERENCE
Rodrigo Gonzalez
Project Manager
TYLIN
3633 East Inland Empire Blvd.,
Suite 900
Ontario, CA 91764
P: 909-912-6900
E: [email protected]
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

EAST VILLAGE GREEN PARK
Cumming provided cost studies and estimating for the proposed 4.1-acre, multi-block park development in the East Village neighborhood of Downtown San Diego.

The park is part of the overall park and open space plan for Downtown and will be developed in three phases. The development plan includes multi-purpose lawns, community center, children’s park, performance pavilion, interactive water feature, dog parks, pedestrian plaza, connecting bridge, food/beverage/concessions building options, restrooms, sustainable landscapes, and underground parking. Services have been provided for planning options, conceptual, SD, DD and CD phases for preferred design – as well as costing for various options to fit budget.

Phase I of the project includes work on the West Block and East Block portions, encompassing 102,700-sq.-ft. of facilities. Specifically, this involves a 13,050-sq.-ft. community center including a 4,550-sq.-ft. gymnasium, café building, 1,000-sq.-ft. pavilion, storage, 1,000-sq.-ft. bark bar building, 81,000-sq.-ft. parking garage, historic renovations, and sitework.

LOCATION
San Diego, CA
CLIENT
OJB Architecture

DATE OF PERFORMANCE
2015-2021

CONSTRUCTION COST
$80 Million

REFERENCE
Nathan Elliot
E: [email protected]
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

M I S S O U R I R I V E R F R O N T

REVITALIZATION
Community leaders, government officials and local stakeholders are collaborating in an effort to reconnect the City of Omaha and its people with the neighboring Missouri River. The Omaha Riverfront Revitalization Project includes Gene Leahy Mall, Heartland of America Park, and Lewis & Clark Landing, collectively rebranded under one overarching identity as The RiverFront.

This amenity-rich, open space will create to a sense of unity through thoughtful programming and enriching activities – all anchored by the scenic Missouri River and its resources.

In conjunction with the City of Omaha and Downtown Riverfront Trust, the Metropolitan Entertainment & Convention Authority (MECA) is managing The RiverFront’s construction, redevelopment and transformation. Upon completion, MECA will oversee maintenance, operations and activation of all three parks.

The project spans 250 acres. The most urban of the three parks, Gene Leahy Mall serves as a central gathering place for the Omaha community. Brand new amenities will include a Performance Pavilion, a state-of-the-art playground, interactive water features, a sculpture garden and a sizable dog park. Gene Leahy Mall is the first park to reopen in 2022.

Heartland of America Park is the largest of The RiverFront’s three components and directly neighbors the Missouri River. Additions include a Skate Ribbon, lakeside amphitheater, bocce courts, an extensive event lawn and picturesque pier that extends out to the Missouri River.

Heartland of America Park is scheduled to reopen in 2023.

The transformation of Lewis & Clark Landing is assured to improve river access and visibility while providing new amenities throughout the park. A contiguous trail system for riverside strolls will remain – with the redesign adding numerous trees and pockets of green space throughout. Additional new features will include a destination children’s playground, an urban beach, sand volleyball courts, pickleball courts, an event plaza to accommodate carnival rides and a renovated marina. Lewis & Clark Landing reopens in 2023.

The RiverFront’s intentional design was finalized after a series of public meetings and input solicitation. Cumming provided Cost Estimating services to OJB Architects in the Conceptual Design Phase of the project.

LOCATION
Omaha, NE
CLIENT
OJB Architecture

DATE OF PERFORMANCE
2017-2019

CONSTRUCTION COST
$325 Million

REFERENCE
Nathan Elliot
E: [email protected]
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

M O N T E R E Y B AY S A N C T U A R Y S C E N I C
T R A I L S E G M E N T S 8 A N D 9 / 1 0 A N D 1 1

PROJECT EIR
Rincon is teamed with RRM and Harris + Associates to assist the City of Santa Cruz (Segments 8 and 9) and the County of Santa Cruz (Segments 10 and 11) in preparing a CEQA EIR, CEQA technical studies, and NEPA technical studies for the MBSST Segments 8 and 9 Project and the MBSST Segments 10 and 11 Project. The projects are intended to provide an ADA-accessible bicycle and pedestrian path for active transportation, recreation, and environmental and cultural education, consistent with the objectives of the adopted MBSST Network Master Plan.

Overall, the two projects consist of a 6.4-mile bicycle and pedestrian trail that is part of the 32- mile MBSST Network, for which Rincon prepared the Program EIR in 2013. The trail segments extend along the RTC-owned Santa Cruz Branch Rail Line corridor through developed portions of the City and County of Santa Cruz and the City of Capitola, including residential, commercial, industrial, and recreational land uses, as well as open space and Section 4(f) resources. Key issue areas analyzed in the EIR include Aesthetics, Air Quality, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Public Safety, Transportation, Tribal Cultural Resources, and Utilities and Service Systems. Both EIRs included evaluation of an ultimate trail configuration (preferred project) as well as an optional first phase (trail on the rail line/interim trail) at an equal level of detail, given the public controversy surrounding future use of the rail line. Rincon also prepared CEQA and NEPA technical studies to support the projects, including a Section 4(f) De Minimis Memorandum (Segments 8-11), a Community Impact Memorandum (Segments 10 and 11), a Historic Resources Evaluation Report (including an Archaeological Resources Assessment and a Historic Properties Survey Report; Segments 8-11), a Traffic Memorandum (Segments 8-11), a Visual Impact Assessment (Segments 8-11), and a Section 6(f) Memorandum (Segments 8 and 9). The Draft EIR for Segments 8 and 9 was awarded the 2023 AEP Outstanding Environmental Analysis Document Merit Award for its innovative approach to presenting information within the EIR. The Final EIR for Segments 8 and 9 was certified in March 2023.

The Draft EIR for Segments 10 and 11 was recently circulated for public review.

LOCATION
Santa Cruz County, CA
CLIENT
City of Santa Cruz

DATE OF PERFORMANCE
Segments 8 and 9:

August 2021 – October 2022
Segments 10 and 11
February 2023 – Ongoing

C O N T R A C T V A L U E
$209,408 (Segments 8 and 9)
$332,172 (Segments 10 and 11)

REFERENCE
Nathan Nguyen (Segments 8 and 9)
City of Santa Cruz Public Works
Department
809 Center Street
Santa Cruz, California 95060
P:831- 420-5188
E: [email protected]
Rob Tidmore (Segments 10 and 11)
Santa Cruz County Parks
Department
979 17th Avenue
Santa Cruz, California 95062
P: 831-454-7947
E: Robert.Tidmore@
santacruzcounty.us
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

T E M E C U L A C R E E K S O U T H S I D E T R A I L

PROJECT IS-MND
Rincon is teamed with Engineering Resources of Southern California to assist the City of Temecula in preparing a CEQA IS-MND and associated technical studies for the Temecula Creek Southside Trail Project. The project will convert an existing gravel maintenance road controlled by Riverside County Flood Control and Water Conservation District along the south side of Temecula Creek into a 2.42-mile paved shared-use path with multiple trail connectivity points. As the proposed trail would include a concrete drop structure to cross Temecula Creek, Rincon prepared a Jurisdictional Delineation, a Multiple Species Habitat Conservation Plan Consistency Analysis, and a Joint Project Review application package to support the project, which will lead to the preparation of biological permitting for the California Department of Fish and Wildlife, United States Fish and Wildlife Service, and United States Army Corps of Engineers. Rincon also prepared CEQA technical studies to support the project, including a Determination of Biologically Equivalent or Superior Preservation Report, a Cultural Resources Report, a Noise Report, an Air Quality and Greenhouse Gas Study, and a Phase I (Initial Site Assessment).

LOCATION
Riverside County, CA
CLIENT
City of Temecula

DATE OF PERFORMANCE
February 2023 – Ongoing

C O N T R A C T V A L U E
$192,409

REFERENCE
Nino Abad
Senior Civil Engineer
City of Temecula
41000 Main Street
Temecula, California 92590
P: 951- 308-6385
E: [email protected]
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

BIKEWAYS PROJECT
Atlas provided a geotechnical investigation for the City Creek Bikeways and Retaining Walls project in Highland, California. The project consisted of the design and construction of a new bikeway and pedestrian walkway along an existing levee. The bikeway and pedestrian walkway improvements extended northeast-southwest for approximately 1.4 miles between Alabama Street and Boulder Avenue. The purpose of our work was to provide conclusions and recommendations regarding the geotechnical aspects of the project to aid in the design and construction of the proposed improvements.

LOCATION
Highland, CA
CLIENT
City Of Highland

DATE OF PERFORMANCE
2022 - 2023

C O N T R A C T V A L U E
$36,000

REFERENCE
Mario Ramos
KOA Corporation
1100 Corporate Center Drive,
Suite 201. Monterey Park, CA
91754
P: 909-890-9693
E: [email protected]

O TAY M E S A L A N D P O R T O F E N T R Y

CONCOURSE
Atlas provided a geotechnical investigation for the Concourse project at Otay Mesa Land Port of Entry for GSA. The project consisted of the replacement of the existing concourse walkway southeast and northwest of the US Customs and Border Protection building, and design and construction of a pedestrian walkway, and construction of an artwork shade canopy on the northside concourse. The purpose of this work is to provide conclusions and recommendations regarding the geotechnical aspects of the project.

LOCATION
Otay Mesa, CA
CLIENT
U.S. General Services
Administration (GSA)

DATE OF PERFORMANCE
2022 - 2023

C O N T R A C T V A L U E
$23,000

REFERENCE
Mike Gorishek
Tectonics
1350 Columbia Street, Suite 700
San Diego, CA 92101
P: 619-239-2151
E: [email protected]
01QUALIFICATIONS & EXPERIENCE
RELEVANT PROJECT EXPERIENCE + REFERENCES

01QUALIFICATIONS & EXPERIENCE

FIRM PROFILE

SHERWOOD DESIGN ENGINEERS
PRIME: CIVIL ENGINEERING / TRAIL DESIGN
Sherwood Design Engineers is a site civil and environmental engineering practice committed to the optimal integration of ecology, infrastructure, and design. We specialize in sustainable infrastructure design, innovation, and sound engineering to make big ideas possible at a building,
neighborhood, and district scale. We have a proven track record of delivering projects from idea to implementation around the world. Sherwood works collaboratively with
project teams to find ways to maximize efficiencies through an integrated and ecological approach that results in highperformance projects that are resilient, economical, and get approved and built.

Sherwood was founded in 2003 with 7 main offices in San Francisco, CA, New York, NY, Atlanta, GA, Petaluma, CA, Santa Cruz, CA, Los Angeles, CA, and San Jose, Costa Rica. Studied in civil engineering, and urban planning, we are committed to helping clients and fellow design practitioners understand holistic system relationships: watershed, ecosystem, and carbon/energy nexus. This greatly impacts the design and reach of a project and cultivates true sustainability. To help achieve these goals, Sherwood has developed an intimate understanding of California’s state policy and county and city regulations. Our connections with public agencies run deep, from senior staff to the day-to-day contacts, as well as personal relationships that allow easy offline conversations that can create easier navigation through an often complex bureaucracy.

GUIDA GEOSPATIAL SOLUTIONS
SUBCONSULTANT: ROW, UTILIT Y, SITE SURVEY
GUIDA is a small, woman-owned land surveying and mapping firm that has provided project-based and on-call services throughout California since 1995. GUIDA has a long history of providing professional land surveyors, field crews, and office personnel who have significantly contributed to this region’s infrastructure growth. The firm offers a depth of staffing resources which can provide flexibility to accommodate
working off hours, variable days, and locations, if needed.

GUIDA’s team has expansive experience providing a full suite of land surveying and mapping services, delivering quality and innovative products on time and within budget. The firm utilizes a unique blend of traditional methodologies with new and innovative technologies for the creation and delivery of highly accurate work products. These tools are utilized to increase effectiveness of field data collection, enhance safety for our field crews and the community, and ensure final deliverables meet a high standard of quality control.

ATLAS TECHNICAL CONSULTANTS
SUBCONSULTANT: GEOTECHNICAL

ENGINEERING
Atlas Technical Consultants LLC is a professional services firm in operation since 1959 (formerly as SCST) providing geotechnical engineering, construction material testing and special inspection, infrastructure design and modeling services, environmental compliance and permitting; as
well as, program, project, and construction management
services. Company-wide, we employ more than 3,600 people in over 100 offices, including licensed geotechnical and professional engineers, engineering geologists, certified inspectors and testing technicians, environmental engineers, geophysicists, and the appropriate support personnel.

Atlas is proficient regarding local, state, and federal codes, standards, requirements, close out procedures, and thorough record keeping of all project documentation. We operate four geotechnical and materials laboratories throughout Southern California in Riverside County, San Diego County, and Los Angeles County.

01QUALIFICATIONS & EXPERIENCE

FIRM PROFILE

CUMMING GROUP
SUBCONSULTANT: COST ESTIM ATING
Cumming Management Group, Inc. (Cumming Group) is
a privately held corporation founded in California in 1996.

Cumming Group is a leader in providing project consulting services to the A/E/C industry, including cost and project management, planning and scheduling, and construction
dispute resolution. Cumming Group has grown to more than 2,000 team members within 50+ offices globally – including many of the brightest minds in the industry. Cumming Group is passionate about helping its clients execute largescale, complex projects on-time and within budget. Services are specifically tailored to each client’s needs and add meaningful value at every step of a project’s development. Drawing on deep expertise in the communities and sectors they serve, Cumming Group anticipates and solves problems, delivers solutions, and drives results.

For this project, Cumming Group will serve as cost consultant.

Cumming Group’s cost team is one of the largest providers of cost estimating and management services in the U.S., including a skilled team of in-house MEP cost specialists.

Cumming Group works on more than 400 estimates each
month, delivering unparalleled experience in this discipline.

Core cost management services include budgeting,
milestone cost estimating, value analysis, cost validation, peer review, and change order evaluation.

RINCON CONSULTANTS, INC.

SUBCONSULTANT: ENVIRONMENTAL

COMPLIANCE
Rincon Consultants, Inc. is a multi-disciplinary environmental science, planning, and engineering consulting firm with a wide range of expertise including environmental and
land use planning, biological resources assessment and
regulatory compliance, cultural resources, environmental site assessment and remediation, water resources, and
sustainability services. Our principal service is to provide quality environmental support and scientific research to create and sustain innovative solutions to natural resources, sustainability, and environmental impacts. Our approach to every project is centered upon the design and development of innovative solutions that respond to our clients’ specific needs in a cost-effective manner. Rincon’s corporate culture focuses on providing environmental consulting services in a manner that is beneficial to both the environment and our client’s needs. By managing each project with a focus on three primary objectives – economic efficiency, technical excellence, and sustainable approach – we can provide
superior service that efficiently and effectively meets the needs of our clients.

At Rincon, we understand the need to integrate with City staff in conducting the environmental review process. Our teamoriented approach will ensure that the City has direct access to strong technical expertise, and our local experience will help to ensure understanding of potential constraints in the natural environment. Rincon prides itself on the considerable depth of its staff, which includes environmental planners, scientists and engineers, noise and air quality experts, geologists, biologists, permitting specialists, and cultural and historical resource specialists. For this project, we have assembled a team of highly skilled professionals who combine extensive technical qualifications and knowledge of CEQA and active transportation with direct experience in successfully
preparing a suite of environmental documentation for linear infrastructure projects throughout southern California. We are poised to continue working in the region on this project that is central to supporting the vision of both the Morongo Basin Active Transportation Plan and the Twentynine Palms Community Trails Master Plan.

01QUALIFICATIONS & EXPERIENCE

TEAM ORGANIZATIONAL CHART
Tim Fettig PLS
Survey Project Manager

SHERWOOD DESIGN ENGINEERS
Prime: Civil Engineering / Trail Design
Robyn Cooper P.E., QSD/QSP Managing Principal In Charge/Tech Advisor Jimmy Galvez P.E. Principal
Jim Remlin P.E., LEED AP Senior Project Manager
Andy Greenberg Project Engineer
Carter Hayes Design Engineer
Guida Geospatial Solutions
ROW, Utility, Site Survey
Cumming Group
Cost Estimating
Ashok Patel MRICS
Managing Director
Atlas Technical
Consultants
Geotechnical Engineering
Doug Skinner PG, CEG
Principal Geologist
Morteza Mirshekari PhD, PE
Geotechnical Division
Manager
Rincon Consultants, Inc.

Environmental Compliance
Megan Jones MPP
Principal
Jared Reed
Senior Biologist
Taylor Freeman MEERM
Senior Environmental Planner

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
22 years

EDUCATION
San Jose State University, Master of
Science in Civil Engineering
Humboldt State University, Bachelor
of Science in Environmental Resource
Engineering

PROFESSION AL

REGISTRATION
Registered Professional Engineer
State of California (No. 73041)
Utah (12787387-2202)
Qualified SWPPP Developer / Practitioner
(No. 22251)

PROFESSION AL

AFFILIATION
Society of Women Engineers
American Society of Civil Engineers
Engineers Without Borders
ROBYN COOPER P. E . , Q S D / Q S P
MANAGING PRINCIPAL IN CHARGE / TECH ADVISOR |

SHERWOOD DESIGN ENGINEERS
Robyn is a Principal at Sherwood Design Engineers working out of our Santa Cruz office. She has extensive experience in sustainable green infrastructure and low-impact site development, ecological restoration and design, parkland creation and rehabilitation, and public access and multi-use trails with an emphasis in natural system design, water resources, and water quality. Robyn’s expertise in project design, coordinating and managing interdisciplinary design teams, permitting and compliance, construction oversight, post construction monitoring, along with client and regulatory coordination, serve to successfully implement complex engineering projects. Robyn designs systems that mimic nature and natural processes for long term sustainability and aesthetic appeal.

Prior to joining Sherwood Engineers, Robyn has served as the Engineering Director, where she oversaw the design and construction of several projects which involved Sustainable Civil and Low Impact Development, Ecological and Habitat Restoration, and Multi-use Trail and Public Access Projects.

KEY PROJECTS
• Pedro Point Headlands Trails and Restoration - Pacifica, CA • La Honda Open Space Preserve Trails - La Honda, CA
• Glenwood Open Space Trails - Santa Cruz, CA
• San Vicente Redwoods Trails - Santa Cruz, CA
• Ft Ord Dunes State Park - Marina, CA
• Carnegie State Park OHV Road Assessment and Restoration - Tracy, CA • Pogonip Open Space Trails and Drainage Design - Santa Cruz, CA • Natividad Creek Park & Stormwater Detention Facility - Salinas, CA • Bothe Napa State Park Trail and Culvert Crossing - Napa, CA • Moran Lagoon Trail and Restoration - Santa Cruz, CA
• SW Fresno Trail - Fresno, CA
• Tuolumne River Regional Park Trail and Bridge - Modesto, CA • Half Dome Trail Corridor Improvement - Yosemite, CA

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

Y E A R S O F E X P E R I E N C E
20 years

EDUCATION
California Polytechnic State University
B.S. in Civil Engineering

P R O F E S S I O N A L

REGISTRATION
Registered Professional Engineer
State of California (No. 75568)

P R O F E S S I O N A L

AFFILIATION
American Society of Civil Engineers,
Member
American Society of Civil Engineers,
MOSAIC Corresponding Member
Society of Hispanic Professional
Engineers, Lifetime Member
Society of Professional Engineers,
Los Angeles Chapter, President
JIMMY GALVEZ P. E .

PRINCIPAL | S H E R W O O D D E S I G N

ENGINEERS
Jimmy Galvez has extensive depth of design experience on projects at the residential, commercial, mixed use, streetscape and public right of way, institutional/higher education campus scale and neighborhood district-scale throughout California, Oklahoma, Colorado, Texas, Louisiana, Latina America and the Middle East. He has served as project lead in coordination with owner representatives, government agencies, multi-disciplinary design teams, contractors, and other stakeholders for clients in both the private and public sectors. He has been responsible for site design from early concept planning to the preparations of construction and permitting documentation including specifications, cost and bond estimates and constructions administration for a variety of land development protects.

While taking these projects from feasibility studies and early concept to permitting and construction, Jimmy has led and coordinated multidisciplinary teams along with a number of agencies including City of Riverside, City of Culver City, City of West Hollywood, City of Glendale, City of Pasadena, Los Angeles Department of Water and Power, Southern California Edison, multiple departments and divisions at City of Los Angeles, and multiple departments at Los Angeles County. Jimmy’s diverse experience applying technical innovation and solid engineering to projects at all scales result in outcomes that save time and resources and exceeded the expectations of stakeholders.

KEY PROJECTS
• Paramount Ranch - Agoura Hills, CA
• Rocky Oaks - Agoura Hills, CA
• UC Irvine Naturescape - Irvine, CA
• Tenaya Lake - Yosemite National Park, CA

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
18 years

EDUCATION
Villanova University,
Bachelor of Science in Civil &
Environmental Engineering

PROFESSIONAL

REGISTRATION
Registered Professional Engineer
State of Georgia

PROFESSIONAL

AFFILIATIONS
American Society of Civil Engineers
US Green Building Council LEED AP
JIM REMLIN P. E . , L E E D A P
SENIOR PROJECT MANAGER | S H E R W O O D D E S I G N

ENGINEERS
Jim Remlin is an Associate Principal at Sherwood Design Engineers and manages the Atlanta Office. He has provided key thought leadership and project management support for several of Sherwood’s most innovative projects, including in Atlanta managing the development of the 1.3 mile Atlanta BeltLine Westside Trail Extension project, Boulevard Crossing Park, Westside Reservoir Park and the Urban Ecology Center all which include extensive coordination of trail and open space activation.

Previously in New York, Jim managed over ten (10) different phases of Brooklyn Bridge Park and its linear bike/pedestrian trail segment that now extends across over 80+ acres of interconnected parks and open space along the waterfront of the East River. Jim is experienced in providing early site feasibility review and concept consideration as well as detailed design, engineering support and technical guidance necessary for carrying a project through from concept to construction documentation. His experience includes the development of master planning open space and trail projects that closely integrate existing condition infrastructure constraints, natural features, ecological sensitivities, multi-modal user groups, stormwater and green infrastructure integration as well as the advancement and development of construction level documentation to support trail alignment, utility relocation, stormwater infrastructure and erosion control design and permitting.

Jim manages direct coordination with project architects, landscape architects, environmental consultants, geotechnical engineers and surveyors as well as local and federal agencies to evaluate and achieve project goals, identify phasing/ permitting tracks and meet client needs.

For the work at Brooklyn Bridge Park, located along the Brooklyn side of the East River, Jim worked with the Brooklyn Bridge Park Conservancy, local / national landscape firm, architects, geotechnical engineers and a regional soil scientist to develop a park design that embeds existing and historic site topography conditions, natural systems, and aids in the restoration of the waterfront. Jim’s work involves working hand-in-hand with designers to vet design opportunities, cost considerations and outline clear achievable site/landscape design goals that would ensure trail extension opportunities, embed green infrastructure and allow for development along its route. This work, now completed, includes the integration of permeable paver technology, green infrastructure water quality elements, and other stormwater collection, conveyance, and storage components aimed at maximizing site performance, reducing maintenance, and achieving long term benefits.

Jim has worked on projects in both the public and private sectors, in his region and internationally, with planners, architects, and landscape architects as a civil engineer. He has worked on a wide array of project types, including institutional, open space, trail, residential, and mixed-use developments. These projects involve low impact design initiatives, LEED and sustainability strategies with a major focus on stormwater quality improvement and ecological restoration.

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
20 years

EDUCATION
Bachelor of Science in Civil Engineering,
University of Vermont (1991)

PROFESSION AL

REGISTRATION
E.I.T

PROFESSION AL

AFFILIATION
American Public Works Association

ANDY GREENBERG
PROJECT ENGINEER | SHERWOOD DESIGN ENGINEERS
Andy Greenberg serves as a Project Manager at Sherwood Design Engineers’ Santa Cruz Office. He has over 20 years of civil engineering experience including managing the design and construction of large-scale civil projects. Andy has worked across a broad range of sectors including sustainable open spaces for both public and private clients, transportation, schools and higher education, civic and commercial buildings, and residences.

On his projects, Andy has helped to facilitate multidisciplinary teams through planning, design, and rigorous local, state, and federal stormwater permitting approval process.

His work experience involves managing projects from planning through construction that include hydrology and hydraulics modelling, stormwater management design, grading and drainage design, SWPP preparation and implementation, and creek and habitat restoration.

KEY PROJECTS
• Lee Road Trail - Watsonville, CA
• Great Meadows Bike Path Improvements Phase II - Santa Cruz, CA • San Vicente Redwoods - Santa Cruz County, CA
• Middlebury Institute of International Studies - Monterey, CA • Coyote Pond Habitat Restoration - Morgan Hill, CA
• Fort Ord Dunes State Park - Sand City, CA
• Moran Lake Park - Santa Cruz, CA
• Natividad Creek Park & Stormwater Detention Facility - Salinas, CA

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
4 years

EDUCATION
California Poly technic State University,
San Luis Obispo
Bachelor of Science in Civil Engineering

PROFESSION AL

REGISTRATION
E.I.T.

CARTER HAYES
DESIGN ENGINEER | SHERWOOD DESIGN ENGINEERS
Carter Hayes serves as a Design Engineer out of Sherwood’s Santa Cruz Office. He has extensive design experience in stream restoration, fish passage improvements, and bank stabilization. Throughout his career, he has participated in topographic surveying, design, and construction supervision of projects for both public and private clients.

His expertise in civil engineering includes site grading, storm drainage, ecological restoration, and fish passage.

Driven by his passion for the natural world – he develops designs that serve the needs of both the client and the environment. Carter has worked on a variety of projects ranging from fish ladders, bridge replacements, meadow restorations, and road design.

KEY PROJECTS
• San Vicente Redwoods Trails - Santa Cruz, CA
• Moran Lake Restoration Plan - Santa Cruz Mountain, CA • Veteran’s Village - Santa Cruz County, CA
• Cave Landing Natural Access Improvements - San luis Obispo County, CA • Yerba Buena Creek Trail - Santa Margarita, CA
• Southwest Fresno Trail - Fresno, CA
• Jessi Street Marsh - Santa Cruz, CA*
• Fresno Trail - Fresno, CA
• Saratoga to the Sea - San Mateo County, CA*
• Alpine Trail - San Mateo County, CA*
• Arroyo Burro Open Space - Santa Barbara, CA*
*Previous Project Experience

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
36 years

EDUCATION
Santa Ana College and Santiago Canyon
College, Surveying/Mapping; Santiago
Canyon College, Completion of the
Southern California Surveyors Joint
Apprenticeship Committee Surveyor
Apprentice Program, 1988 – 1993

PROFESSIONAL

REGISTRATION
Professional Land Surveyor #7542/
CA/1999
IUOE Local 12, Licensed Party Chief

PROFESSIONAL

AFFILIATIONS
California Land Surveyors Association
(CLSA), Orange County Chapter

TIM FETTIG PLS
SURVEY PROJECT MANAGER | G U I D A G E O S PAT I A L

SOLUTIONS
Tim brings over 36 years of surveying expertise as a project manager and as a licensed party chief. He has managed a multitude of projects throughout Southern California, overseeing staff members, workload, and scheduling. He engages in both field and office support, when required, and is knowledgeable about the latest equipment, technology, and product development.

Highly skilled in all aspects of both design and construction surveying, Tim is a well-rounded professional. He has overseen control survey networks aerial photogrammetry, and topographic design surveys; right of way and boundary surveys and mapping, ALTA surveys, preliminary title reports, title research, plotting existing encumbrances, records of research, dedications and vacations, preparation of legal descriptions and plats, Record of Surveys, parcel maps, tract maps, lot-line adjustments, other land surveyor seal/stamp documents and map checking QA/ QC. He has also provided construction survey support and construction staking, including perpetuation, pre- and post-construction corner records/records of survey, constructibility review, construction staking, as-built surveys, and earthwork calculations.

KEY PROJECTS
• City of Moreno Valley, Juan Bautista De Anza Multi-Use Trail Project - Moreno Valley, CA
• City of Irvine, Jeffrey Open Space Trail/I-5 Bicycle and Pedestrian Bridge Project - Irvine, CA
• County of Orange, Department of Parks and Recreation, On-Call Services - Orange County, CA
• Orange County Public Works, Hicks Haul Road Study - Irvine, CA • City of Palm Desert, San Pablo Avenue Streetscape Improvement, Phase 2 - Palm Desert, CA

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
40 years

EDUCATION
Bachelor of Science, Quantity Surveying,
Greenwich University, London, UK

PROFESSIONAL

REGISTRATION
Chartered Member (MRICS), Royal
Institution of Chartered Surveyors, No.
0080274, 1988
Associate Estimating Professional
(AEP), American Society of Professional
Estimators, No. 34608254

PROFESSIONAL

AFFILIATIONS
U. S. Green Building Council, No.
1930322853163532

ASHOK PATEL MRICS
MANAGING DIRECTOR | CUMMING GROUP
Ashok has worked in the construction industry since 1983. He is experienced in all aspects of cost management for the civil, structural, and architectural disciplines.

Ashok’s responsibilities include all phases of estimates, quality control/quality assurance (QA/QC), and value engineering. He is involved with projects from the master plan stage through all design milestones as well as change order analysis/ negotiations.

He has provided cost management services on projects ranging in value up to $1 billion. Ashok has a broad range of experience in various sectors including healthcare, science and technology, educational, civic, military, recreation, correctional, industrial, and public works.

Ashok is also familiar with the requirements of the Office of Public School Construction (OPSC), California Department of Education (CDE), and Division of the State Architect (DSA), as they pertain to cost estimating.

KEY PROJECTS
• Big League Dreams Sports Park, Perris, CA
• Chino Hills Pipeline Avenue, Community Center, Chino Hills, CA • City of Carson, Foisia Park Recreation & Amenities Improvements, Carson, CA • City of Chula Vista, Millenia Park (P-6) Master Plan, Chula Vista, CA • City of Chula Vista, New Centerpark Public Park in Otay Ranch PA-12, Chula Vista, CA
• City of Chula Vista, Orion Park - New Urban Park, Chula Vista, CA • City of Cypress, Recreational Infra Study of 20 Park Facilities, Cypress, CA • City of Indio, New Sports Complex with Aquatics Center/Water Park, Indio, CA • City of La Palma, Central Park Improvements, La Palma, CA • City of Lake Forest, New Sports Park, Lake Forest, CA • City of Palm Springs, New Downtown Event Center with Open Air Amphitheaters & Park, Palm Springs, CA
• City of San Diego, East Village Green Development Plan for New Urban Park + Public Space, San Diego, CA
• County of Orange, New 100-Acre Regional Park, Tustin, CA • El Camino College, New Tri-Sport Stadium Phase 2, Torrance, CA • Fontana Adult Softball Park, New Facility, Fontana, CA • Mesa Marin Sports Park, Phase I Renovation, Bakersfield, CA • Placer Valley Sports Park, New Development, Roseville, CA • Winchester Ranch Sports Park, New 37-Acre Park Concept, Menifee, CA Page 58 of 178 01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
18 years

EDUCATION
Master of Public Policy (MPP), California
State University Monterey Bay
BA, Geography and Environmental
Studies, University of Oregon

PROFESSIONAL

A F F I L I AT I O N S
Association of Environmental
Professionals, Monterey Bay (Board
Member 2009-2022, Former Chapter
President 2021-2022, 2019 Conference
Chair)

MEGAN JONES MPP
PRINCIPAL | RINCON CONSULTANTS, INC.

Ms. Jones serves as a Managing Principal within Rincon’s Environmental Sciences, Planning and Sustainability group with 18 years of experience managing CEQA and NEPA analysis for a wide variety of projects, with specific emphasis on active transportation. Ms. Jones is skilled at balancing the goals of conveying complex environmental issues to the general public and preparing legally defensible and highly technical CEQA and NEPA documents. She has an extensive background in environmental management, policy, and environmental planning, and has contributed to the success of several large trail projects, including the 28-mile Fort Ord Regional Trail and Greenway (FORTAG) project in Monterey County and the Monterey Bay Sanctuary Scenic Trail (MBSST) Network in Santa Cruz County.

KEY PROJECTS
• FORTAG Project EIR and NEPA Technical Studies - Cities of Seaside, Del Rey Oaks, and Marina and Unincorporated Monterey County, CA • North Coast Rail Trail EIR - Unincorporated Santa Cruz County, CA • MBSST Segments 8/9 EIR and NEPA Technical Studies – City of Santa Cruz, CA • MBSST Segments 10/11 EIR and NEPA Technical Studies -Unincorporated Santa Cruz County and City of Capitola, CA
• FORTAG Canyon del Rey/SR 218 Segment – City of Del Rey Oaks, CA

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
22 years

EDUCATION
BS, Ecology and Evolution, University of
California, Santa Barbara (UCSB)

PROFESSIONAL

REGISTRATION
Desert Tortoise Council: Survey,
Monitoring and Handling Techniques
Certification
State of California Scientific Collecting
Permit, No. SC-008050
Authorization to take, possess, and
transport Flat-tailed Horned Lizards

JARED REED
SENIOR BIOLOGIST | RINCON CONSULTANTS, INC.

Mr. Reed is a Senior Biologist in Rincon’s Natural Science group with extensive experience working in the natural environments of southern California. Jared regularly performs client and agency interface as a critical aspect of his working responsibilities and routinely conducts and prepares biological assessments, habitat assessments, and focused surveys and reporting for rare and sensitive species surveys such as the Desert Tortoise and Joshua Tree. Jared has proven familiarity with the life history and habitat requirements of these protected species.

He also conducts jurisdictional wetland/“waters”/“streambed” delineations and has contributed to the success of habitat mitigation plans and regulatory agency permit processing for a variety of linear infrastructure projects throughout the southern California region. Jared often works directly in native habitat restoration projects throughout southern California, which aids him in his extensive knowledge of and familiarity with the diverse natural environments and ecosystems ranging from arid climates in semi-deserts to freshwater marshes and streams in cismontane and desert areas of California. Jared also possesses significant experience conducting general and pre-construction surveys and monitoring for a variety of construction activities throughout southern California.

KEY PROJECTS
• Span 112 Support Structure Replacement Project - Unincorporated San Bernardino County, CA
• Temecula Creek South Side Trail Project IS-MND and Regulatory Permitting – City of Temecula, CA
• Rialto Feeder Access Road Maintenance and Improvements Project – City of Rancho Cucamonga, CA
• All American Canal Seepage Recovery and East Highline Reservoir Projects – Unincorporated Imperial County, CA

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
5 years

EDUCATION
Masters of Earth and Environmental
Resource Management (MEERM),
University of South Carolina
BS, Biology, University of North Carolina
– Greensboro

TAYLOR FREEMAN MEERM
SENIOR ENVIRONMENTAL PLANNER | R I N C O N
CONSULTANTS, INC.

Ms. Freeman is a Senior Environmental Planner and Project Manager within Rincon’s Environmental Sciences, Planning and Sustainability group where she focuses on active transportation projects. She is primarily responsible for preparing and managing CEQA and NEPA compliance documentation, is skilled in interpreting state and federal planning and environmental law, and is successful in developing environmental deliverables that are informative, readable, and legally defensible.

She has demonstrated success in environmental analysis, stakeholder coordination, team building, community outreach, and QA/QC. Ms. Freeman is detail-oriented, client-focused, and values a solution-based approach.

KEY PROJECTS
• Temecula Creek South Side Trail Project IS-MND and Regulatory Permitting – City of Temecula, CA
• Escondido Creek Trail Project IS-MND – City of Escondido, CA • Monterey Bay Sanctuary Scenic Trail (MBSST) Segments 8/9 EIR and NEPA Technical Studies – City of Santa Cruz, CA
• MBSST Segments 10/11 EIR and NEPA Technical Studies, - Unincorporated Santa Cruz County and City of Capitola, CA
• Agoura Hills Bicycle Master Plan and VMT Banking Program EIR – City of Agoura Hills, CA
• Limonite Gap Closure over Cucamonga Creek Channel Project IS-MND, EA, Technical Studies, and Regulatory Permitting – City of Eastvale, CA • Main Street Moves EIR and Technical Studies - City of Ventura, CA • Rose Avenue Bike Lanes Project IS-MND – Unincorporated Ventura County, CA

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
22 years

EDUCATION
Brigham Young University, BS, Geology
Brigham Young University, BS, Planning
and Resource Management

P R O F E S S I O N A L

REGISTRATIONS
State of California Professional Geologist
#7971
State of California Certified Engineering
Geologist #2472
State of Utah Professional Geologist
#10138660-2250

P R O F E S S I O N A L

A F F I L I AT I O N S
Association of Engineering and
Environmental Geologists (AEG)
OTHER
40-Hour HAZWOPER Training and 8-Hour
Refresher Course

DOUG SKINNER PG, CEG
PRINCIPAL GEOLOGIST | AT L A S T E C H N I C A L

CONSULTANTS
Doug has worked in the geotechnical and environmental fields for over 22 years.

He has served as a senior geologist/scientist during hundreds of geotechnical investigations, Phase I and Phase II environmental site assessments, underground storage tank site assessment and mitigation, assessments of active faulting and fault hazard analyses, as well as hazardous material sampling, groundwater monitoring, and municipal water supply well installation, development, and destruction. Doug provides field sampling and assessment using trenching and drilling, soil and water sampling, aerially deposited lead investigation data evaluation, statistical data evaluation, and laboratory sample handling and testing. His other duties include report preparation and review of work plans, health and safety plans, traffic control plans, and encroachment permits.

KEY PROJECTS
• Otay Mesa Land Port of Entry Concourse – Otay Mesa, CA • Costa Mesa Bike Trail Improvements – Costa Mesa, CA
• San Elijo JPA, WRP Bicycle Trail - Cardiff, CA
• Olivenhain MWD, El Camino Real Pipeline - Encinitas, CA • Bunker 99 Demolition - San Diego, CA
• Overture Fault Investigation - San Diego, CA
• Urban Villages Block 3 - San Marcos, CA
• UCSD Engineering Interdisciplinary Building - La Jolla, CA • Whittier College Stadium - Whittier, CA

01QUALIFICATIONS & EXPERIENCE

KEY STAFF RESUMES

YEARS OF EXPERIENCE
10 years

EDUCATION
University of New Hampshire
PhD, Geotechnical Engineering
University of Tehran
MS, Geotechnical Engineering
University of Tehran
BS, Civil Engineering

P R O F E S S I O N A L

REGISTRATIONS
Professional Engineer, CA #92374

MORTEZA MIRSHEKARI PHD, PE
GEOTECHNICAL DIVISION MANAGER | ATLAS TECHNICAL

CONSULTANTS
Morteza has over 10 years of collective experience in industry and research regarding analysis, design, construction, and management of large, complex geotechnical projects. He has served as lead engineer for numerous projects in public and private sectors involving complex foundation systems, slope stability analysis, seepage modeling, earth retaining systems, railways and roadways, airfields, and geotechnical instrumentation. Morteza has extensive experience in geotechnical earthquake engineering including ground motion hazard analysis, site-specific response, seismic deformation modeling, soil-structure-interaction analysis, liquefaction hazard assessment, and lateral spread analysis. Morteza has successfully managed staff and resources for projects up to $5 billion in revenue.

He is focused on fostering client relationships and business development for new and existing clients. During construction, Morteza assesses earthwork compliance, advises on special inspection and testing results, and provides Atlas with quality reviews and technical advice.

KEY PROJECTS
• City of Highland, Bikeways Project - Highland, CA
• Otay Mesa Land Port of Entry Concourse - Otay Mesa, CA • Brightline West HSR - Victorville, CA to Las Vegas, NV • Etiwanda Ave. Grade Separation - Rancho Cucamonga, CA • Conrock/Warner Basins Transfer Tube - Anaheim, CA
• Rosamond 3, 4, 5, 6 Solar Development - Kern County, CA • Broadway Multi-Use High-Rise Building - Salt Lake City, UT • Primary Children Hospital - Lehl, UT

SCOPE AND SERVICES
02

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SCOPE & FEE PROPOSAL | 4 / 22
Proposed Work Plan
Sherwood proposes the following design phases and scope of work to complete the City of Twentynine Palms: City-wide Channel Trail Project. Each phase is intended to enhance the design upon successive approvals to help the project stay on track and to realize the intended design upon completion.

The work plan for this project has been separated into three (3) phases, each phase representing related tasks to complete the required milestones of the project. Phase 0 will be ongoing throughout the duration of the project, and the remaining Phases 1 and 2 will be completed in succession as the project progresses and in alignment with the tasks presented in the RFP. The phases and tasks include:

Phase 0: Meetings and Project Management
A. Project Management
B. Coordination Meetings and Site Visits
Phase 1: Preliminary Engineering
C. Review of Existing Information and Scope Refinement
D. Surveying and Base Mapping
E. Right-of-Way Acquisition [ See Potential Add Service Section ] F. Utility Research and Coordination
G. Geotechnical Investigation
H. Base Flood Elevation Study
I. Environmental Compliance
Phase 2: Final Engineering
J. Schematic Design (30% Level Designs)
K. Design Development (65% Level Designs)
L. Construction Documents (95% Level of Design)
M. Construction Bid Set Package (100% Level of Design)
It is understood that the Sherwood’s Design Team will provide hard copies and/or electronic files to the City of Twentynine Palms for submittal to the appropriate agency in accordance with local requirements. Refer to phase(s) below for specific deliverables.

PHASE 0: PROJECT MANAGEMENT AND MEETINGS
Task A – Project Management
As an on-going task throughout the project, Sherwood will provide project management of the overall project and will manage sub-consultants to ensure that the workflow between the companies is seamless and timely. This task covers internal design meetings and day-to-day correspondence by phone/video conference and e-mail.

Sherwood will prepare and maintain a Project Schedule that will include a timeline for each task identified in this work plan (and included in this proposal). Sherwood will coordinate with the subconsultants to ensure that the schedule is adhered to.

Should there need to be any modifications to the schedule, Sherwood will notify the City immediately, gain consensus with the City as to the rationale, and update the schedule accordingly.

Sherwood will also prepare and maintain an overall Project Budget, for each task. Sherwood will review and manage the budget with weekly check-ins and monthly invoicing to ensure close adherence to the agreed upon budgetary costs.

This task also includes time to prepare contact documents, invoicing, financial management, and project data management.

Task B – Coordination Meetings and Site Visits
In addition to regular project coordination calls, throughout the course of the project, Sherwood anticipates five (5) progress/coordination meetings and conference calls with the City staff and associated stakeholders. These meetings will include:

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• One (1) kick-off meeting – Key members of the Design Team will participate in a project kick-off meeting to visit the project trail corridor and to confirm the overall project scope and schedule. The kick-off meeting will provide Sherwood the opportunity to review data needs, receive data from the City, discuss project goals, challenges and necessary design coordination items, establish methods of communication, and review feedback from the previous public engagement sessions.
• One (1) virtual meeting following each of the design deliverables to review deliverables in more detail o Schematic Design (30% Level of Design)
o Design Development (65% Level of Design), and
o Construction Documents (95% Level of Design)
o Construction Bid Set Documents (100% Level of Design) The progress and coordination meetings/calls will allow the City and the Design Team to review the progress of the project after key project milestones, explore issues, identify resolutions, and provide recommendations regarding the project design.

As part of this task, Sherwood will coordinate and attend meetings, prepare meeting agendas (as necessary) and compile and distribute meeting minutes to the City.

This task also includes time to participate in conference calls with the City on a monthly basis, as needed, throughout the duration of the project. Sherwood estimates that the monthly calls will last no more than 30 minutes. Sherwood will follow up each call with an email summarizing the main points of the call to memorialize any decisions made. If a call is not needed or participants are not available, Sherwood will provide a check-in email to summarize the status of the project.

Meetings in addition to those listed above will be billed on a time and expense basis for the individual attending the meeting.

Deliverables include:

1. Attend the following Meetings and provide Meeting Summary after each:
o In-person Meeting:
▪ Kick-off Meeting
o Virtual Meetings:
▪ Schematic Design Submittal Review
▪ Design Development Submittal Review
▪ Construction Document Submittal Review
▪ Construction Bid Set Document Submittal Review

2. Attend monthly call to review the project status and provide Meeting Summary after each (assume 14 meetings) PHASE 1: PRELIMINARY ENGINEERING
The Preliminary Engineering Phase of work will be designed to help develop the trails alignment and supporting design requirements, cost, and permitting needs. For this project, the initial phase of work will involve existing information review and scope refinement, surveying and base map development, geotechnical, environmental, hydrologic, and circulation research and understanding. The work developed during this process will assist our Design Team and the Client in the evaluation of the constraints and opportunities associated with the trail corridor and early opportunities to strategize on approach with specific focus on cost, permitting, timeline, and design.

This baseline information will allow our Design Team to develop trail design drawings that will document trail alignment plan and profile information, alignment alternatives, associated grading, drainage and erosional control design, utility relocation identification and design (as necessary), designs options for site furnishing, and appropriate sections and details to inform proper cost estimating.

Our Design Team is committed to identify the best outcome for the project and we recognize that the final approved trail alignment may require property acquisition. To best support decision making related to costs, permitting, and overall design we will research all available public records to demonstrate parcel ownership and how it overlaps with the proposed design. If right of way (ROW) acquisition is determined to be required, our Design Team is equipped to provide the necessary services to support [ See Potential Add Service Section ].

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SCOPE & FEE PROPOSAL | 6 / 22
Below is a more detailed description of the tasks required for the Preliminary Engineering Phase of the project.

Task C - Review of Existing Information and Scope Refinement During the kick-off meeting (Task B, above), Sherwood will obtain relevant data and information from the City. At a minimum, Sherwood will review:

1. Proposed preliminary site plans (presented in the RFP),

2. Evaluation of site topographic data/mapping and applicable record data (LiDAR).

3. Review any pertinent GIS layers including but not limited to hard infrastructure and utilities

4. Evaluation of any available reports including traffic/soils/geology/site hazards/biotic/hydrology/floodplain mapping, etc.

5. Review of City of Twentynine Palms: Community Trails Master Plan and any associated Design Guidelines and Standard Drawings

6. Review of applicable regulatory and permitting requirements

7. Stormwater and Erosion control considerations

8. Stakeholder input, information, and data
Sherwood and the Design Team will review the exiting information and identify any information and/or scope gaps. Using this feedback, Sherwood will work with City and the Design Team to refine the scope of the overall project, as necessary, to fill in any information gaps. If proven necessary, a revised scope of work and cost estimate will be provided for any work identified. This task will be completed swiftly once the project is initiated to ensure that the timeline of the overall project is maintained.

Deliverables include:

1. One (1) Full Day site visit (Task B above)

2. One (1) Existing Conditions Due Diligence memorandum Task D – Surveying and Base Mapping
A deep understanding of the existing conditions and its associated base mapping will be necessary to successfully design the trail corridor. The surveying and base map establishment for the project will be prepared by GUIDA Surveying Inc.

The Field Survey Scope includes the following:
• Aerial Topography
o Guida will set and tie 23 horizontal/vertical aerial panels for the project control. The panels will be tied to the California State Plane Coordinate System Zone 5, NAD ’83 Horizontal and NAVD ’88 Vertical. Mapping to include existing permanent features (traffic signs, utilities, etc.) and sufficient spot elevations for roadway design, including cross sections and earthwork estimates. • Boundary Control
o Guida will locate and tie existing monuments along the project corridor to establish the project boundary. • Subsurface Utility Location
o Guida will locate and tie utility mark-out locations after completion of mark-out.

The Base Mapping Development Services scope includes:
• Topographic Mapping
o Guida will compile aerial topography and any additional conventional topography required to deliver existing conditions mapping with 1’ contour intervals at 1”=30’ scale. • Base Mapping
o Guida will prepare a project control Basemap with found monuments, existing condition site components, record data and utilities.

Lastly, Guida and Sherwood will import the preliminary trail alignment as identified in the RFP, insert any utility data identified in Task E, and create a single comprehensive basemap for the site. The layering, colors, and line types will follow standard engineering protocol and any requirements identified by the City for conformance and consistency. This base map will become the foundation for the Engineering Design plans developed in Phase 2 below.

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SCOPE & FEE PROPOSAL | 7 / 22
Deliverables include:

1. Comprehensive existing conditions base map consisting of but no limited to:
a. 1-foot contours
b. Spot elevations throughout the corridor with specific interest at roadway crossings and grade transitions c. Existing condition information of above and below grade site features and utilities d. Field notes and permits, as necessary
Task E – Utility Research and Coordination
Our Design Team will coordinate with all affected regulatory agencies and all affected utility agencies within the corridor of the proposed trail. We will perform all required utility research and coordination necessary and will contact all utilities by written correspondence to determine existing utility line locations and supporting information. We will provide copies of all correspondence to and from regulatory and utility agencies and will provide research (including sub-surface pot holing and overhead clearance) as required to complete design and construction related to any removal, relocation, or adjustment to any existing utility facilities. All existing utilities identified through our research will be integrated with the topographic and site base mapping to provide a clear and comprehensive understanding of the existing conditions. The estimation for this scope item is based upon requesting utility mark-out in fifteen (15) locations in specific areas where the project crosses roads.

Our team will summarize our findings in a technical memorandum. The memorandum will identify all utilities found on site, describe the locations/size/type (as applicable), list any applicable design standards regulations related to relocating the utilities, and provide recommendations for any relocations necessary to complete the project. Relocations will be shown in the Schematic Plans (Task J below).

Deliverables include:

1. Electronic copies of correspondence with utilities entities

2. Memorandum summarizing findings and recommendations for relocations Task F – Right-of-Way Acquisition [ See Potential Add Service Section ] Task G – Geotechnical Investigation
A geotechnical investigation will be conducted, and a geotechnical report will be prepared by Atlas Technical Consultants, LLC. (Atlas). The purpose of the geotechnical investigation will be to perform a subsurface investigation at the project site / corridor and address the geotechnical issues of the proposed project. Specifically, the geotechnical scope of work will consist of the following:
• A review of relevant geologic maps and documents
• Coordinating our fieldwork with the Design Team and the City of Twentynine Palms personnel to arrange arranging site access, coordination with any property owners and obtaining any required permits (if required). • Performing a surficial reconnaissance of the proposed trail alignment in order to observe existing site conditions and select areas for subsurface geotechnical exploration • Marking out the proposed exploration locations for subsurface utility conflicts by members of Underground Service Alert of Southern California
• Excavating a total of eight to twelve exploratory hand augers and/or test pits using hand tools at select locations along the proposed alignment. The borings/test pits will be excavated to a depths of up to 6 (six) feet below existing grade, or refusal.
• Documenting the subsurface conditions encountered in the borings/test pits, including groundwater and/or seepage, as well as characterization of the subsurface materials encountered in the test pit locations at all sites • Collecting soil samples from the materials encountered in the borings/test pits. Soil samples will be collected for geotechnical laboratory analysis.
• Backfilling the borings/test pits with cuttings generated during fieldwork

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SCOPE & FEE PROPOSAL | 8 / 22
The results of the geotechnical field work and laboratory programs will be evaluated to develop conclusions and recommendations specified in the project’s Request for Proposal (RFP) regarding the following:
• Subsurface conditions beneath the site, including groundwater levels if encountered • Potential geologic hazards
• Mapped seismic design values in accordance with the requirements of 2023 CBC • Site preparation and grading
• Excavation characteristics
• Appropriate alternatives for foundation support of minor improvements, along with geotechnical engineering criteria for design of foundations
• Pathway/pavement section design
• Corrosion potential
Once the Draft Geotechnical Engineering report is complete, it will be submitted to the City for review and reference.

Deliverables include:

1. One (1) Geotechnical Engineering Report, electronic and three (3) wet stamped hard copies Task H – Base Flood Elevation Study
A preliminary review of FEMA Flood Maps show portions of the project located within Zone AE as well as the regulatory Floodway. Sherwood has included a limited scope to evaluate the project in relation to the 100-year floodplain. Sherwood has not included time to conduct a formal HH Analysis of the project’s impact on the 100-year water surface elevation.

Should an HH Analysis be required, that work will be completed under an add service proposal (ASP).

Task I – Environmental Compliance
Our Team understands that the City of Twentynine Palms intends to use TDA Article 3 funding from the San Bernardino County Transportation Authority to design and construct Phase II of the City-Wide Channel Trail, which is identified as the number one priority in the Morongo Basin Active Transportation Plan (2019). Phase II of this project would include a western trailhead adjacent to Joshua Tree National Park’s Fortynine Palms Canyon Trail, and the trail would span approximately

6.9 miles along the San Bernardino County Flood Control Channel through the City of Twentynine Palms, crossing a variety of roadway segments. Phase I of the City-Wide Channel Trail was constructed in Spring 2023, and Phase II of the trail will include features similar to the existing segment.

In order to provide proper Environmental review and compliance for this project, our team will execute on the following tasks:
• Project Initiation and Description
o Participation in project initiation and design charette with engineering team and City staff to better understand the City’s goals and objectives, identify relevant project information and specific project issues, create a forum to discuss environmental constraints, and provide design recommendations. o Craft environmental project description to be incorporated into all CEQA documentation. • Environmental Technical Studies
o Reconnaissance-level biological resources survey to identify potential presence of sensitive biological resources, including burrowing owl, desert tortoise, Joshua Tree, and rare plants. o Option to provide focused species surveys for sensitive biological resources. o Option to update jurisdictional delineation.
o Option to prepare Biological Resources Assessment Report, summarizing results of the biological surveys and jurisdictional delineation.
o Cultural Resources Assessment to determine potential impacts to historical and archeological resources. o Option to assist with Tribal Cultural Resources consultation, as required under CEQA. • CEQA Clearance
o Prepare all necessary CEQA documentation in accordance with all applicable State and local requirements. o Prepare Administrative Draft Initial Study using the CEQA Appendix G Environmental Checklist. o Prepare Mitigated Negative Declaration (MND) following the Administrative Draft Initial Study.

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SCOPE & FEE PROPOSAL | 9 / 22
o Option to prepare all notices for the project, including Notice of Intent, Notice of Completion, and a Notice of Determination.
o Option to assist with coordination and handling of radius mailing for recipients as needed to comply CEQA public review requirements, and prepare the radius mailing map, if required. o Option to prepare written responses to comments, Mitigation Monitoring & Reporting Program, and CEQA Findings.
• Optional Regulatory Permitting
o As-needed liaison with regulatory agencies to provide guidance to the project team. o Consultation with the appropriate agencies and stakeholders to clarify the regulatory pathway and requirements, seeking a process that simplifies and streamlines approval and ensures regulatory agency requirements are met in a timely fashion.
• Project Management
o Participate in monthly project progress meetings to collaborate and coordinate with City staff and various consultants, as well as state and local agencies if required. o Other responsibilities under this task include cost and schedule tracking, progress reporting, quality assurance/quality control, and invoicing.

Our Design Team understands that federal funds are not currently programmed for this project. Furthermore, the project’s western trailhead would be constructed outside of the Joshua Tree National Park boundary and the project design is not anticipated to physically alter the existing flood control channel. As such, consultation with the National Park Service under Section 6(f) and consultation with the United States Army Corps of Engineers under Section 408 is not expected, and National Environmental Policy Act (NEPA) compliance is not anticipated.

PHASE 2: FINAL ENGINEERING
In this phase of the project, utilizing the feedback and information gathered during Phase 1, Sherwood will move into the development of Engineering Plans, Specifications, and Cost Estimates, also known as PS&E's. Each deliverable is intended to build upon the previous deliverable, incorporating feedback and comments from the City and the project Stakeholders.

The following tasks present the process of plan development from Schematic Design to Construction Bid Documents in four (4) successive submittals to the City.

Task J - Schematic Design (30% Level Design) PS&Es
The Design Team will prepare Schematic Level (30%) Design Plans for the proposed trail alignment, beginning with an assessment and validation of the rough alignment shown in the figures presented in the RFP. The schematic design plans will include Engineering and Landscape/Site Furnishing Plans that show the proposed site improvements at a schematic level of design.

It is typical for our process to include a Design Team Charette with the Client during this early phase of the project. We use this meeting to work through preliminary engineering phase feedback, design strategies, discuss stakeholder / community feedback and coordinate specific areas where design intent and decision making can be more openly discussed and advanced. Embedding this step into our process has proven to be impactful on many of our projects, helping our team to be more closely aligned with the client and their goals and more streamlined in our alternative analyses and corresponding pricing exercises. Following this in-person design meeting our team will document key takeaways, focus areas and next steps for integrating feedback gathered into the design.

Following the Design Team Charette, Sherwood will prepare the Civil Engineering Plans which may include a Cover/Civil Information Sheet, Staging and Demolition Plan, Overall Site Improvement Plan, Trail Alignment and Profiles, Wet Utility Alignments and Relocations (if necessary), Grading and Drainage Plans, Erosion Control Plan, and any typical details necessary to convey the intent of the design. In addition, the Design Team will prepare the landscape / site furnishing design plans which will include the layout of site features, furnishings, and plantings. The Schematic Plans will include the sheets necessary to convey the concept and scope of the proposed project, alternative alignments to be considered and the details required to provide an understanding of the construction intent.

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The 30% Schematic Design trail plans will include, but not necessarily limited to:
• Cover and Information Sheet
• Construction Access and Staging Plan
• Layout/Grading – Plan and Profile Sheets (1”=80’)
o Limits of cut and fill,
o Proposed Site Features:
▪ trailheads
▪ trail intersections
▪ retaining walls
▪ road crossings
▪ culverts
▪ permanent stormwater features, etc.
• Trail Cross Sections – Typical details at this phase
• Drainage / Utility Layout Plans:
o utility conflicts and proposed resolutions
o stormwater BMPs locations and typical details
• Landscape / Site Furnishings Plans - including typical details of proposed site furnishings The Design Team will also provide a list of the Specifications to be developed in later phases of design.

The Design Team will prepare a materials list, quantities, and a preliminary Cost Estimate for the project as shown in the Schematic Design. The cost estimate will be commensurate with the level of design.

The Schematic PS&E’s will be submitted for Review, Comment and Acceptance by the City. Sherwood anticipates a single deliverable for this task and any comments received will be incorporated into the Design Development (65% level of Design, Task K below).

Deliverables include:

1. One (1) electronic copy, PDF, and a maximum of four (4) hard copy sets of the Schematic Design Plans (30% Level of Design)

2. One (1) electronic copy, in PDF format, of the Preliminary Cost Estimate

3. Two (2) copies, Microsoft Word and Adobe PDF, List of Specifications Task K - Design Development (65% Level of Design) PS&Es Once the Design Team has received feedback/comments on the Schematic Design Set and design direction related to alternative design options related to alignment, pedestrian crossings, etc., we will begin work on the Design Development Plans. The plans will follow the same format and layout as identified in Task J above. The Design Development Plans will be advanced to the 65% design level. At this level of the design, the plans will begin to show more precisely how and where the improvements will be implemented, and the details will begin to show how the project will be constructed. The details will be developed from typical details to drafts of the final design details.

The 65% Design Development plans will include, but not necessarily limited to:
• Cover/Information Sheet
• Construction Access and Staging
• Horizontal Control Plans (1” = 120’)
• Layout/Grading Plans – Plan and Profile Sheets (1”=40’) • Trail Cross Section Plans
• Road Crossing Plans
• Drainage / Utility Plans
• Landscape / Site Furnishing Plans
• Erosion Control Plans
• Engineering Details

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SCOPE & FEE PROPOSAL | 11 / 22
At this level of design, the Design Team will provide a draft of the specifications to indicate the sections that the Design Team proposes to prepare as part of the final engineering plan set. This draft will identify all of the subsections within each specification. The Draft specifications at this level may not be tailored to the specific project but will provide guidance to ensure all components of the design are accounted for.

The Design Team will update the list of materials and quantities to reflect the updated design plans and will adjust the Opinion of Probable Cost for the Project accordingly. The cost estimate will be commensurate with the level of design.

The Design Development PS&Es will be submitted for Review, Comment and Acceptance by the City. Sherwood anticipated a single deliverable for this task and any comments received will be incorporated into the Construction Documents (95% level of Design, Task L below).

Acquisition Maps and legal Descriptions are not currently covered under the budget for this project. Once the design reaches this level of design the requirements for these tasks will be re-evaluated and a contract amendment will be provided to complete these tasks on an hourly basis.

Deliverables include:

1. One (1) electronic copy, PDF, and a maximum of four (4) hard copy sets of the Design Development Plans (65% Level of Design)

2. One (1) electronic copy, in PDF format, of the Updated Cost Estimate

3. Two (2) copies, Microsoft Word and Adobe PDF, Draft Specifications Task L – Construction Documents (95% Level of Design) PS&Es Once the Design Team has received feedback on the Design Development Plans (Task I above), we will begin work on the Final Construction Documents (95% level of Design). The plans will follow the same format and layout as identified in Task I above. In addition to the drawing set, our team will develop a Traffic Control plan to control traffic flow and maintain contractor safety which will be based on the current project layout, intersection design and phasing assumptions. The Construction Drawings will further the design plans to the 95% construction ready design level. At this level of the design, the plans will show how each improvement will be constructed and the supporting details will be developed to a more complete and final level of design.

At this level of design, the Design Team will provide Final specifications. The Final specifications will identify all the subsections within each specification and will be tailored to specifically identify all the proposed improvements for the site.

Based on the Final Engineering Plans, we will update the cost estimate to ensure that the project is within the funded budget while also providing the City with add-alternate options, should they be needed or desired.

The 95% PS&Es will be submitted for review and acceptance by the City. Sherwood anticipates a single deliverable for this task and any significant changes to the plans at this stage will require a contract amendment for the expansion of the scope of work (see Exclusions)
Deliverables include:

1. One (1) electronic copy, PDF, and a maximum of four (4) hard copy sets of the Construction Documents (95% Level of Design)

2. One (1) electronic copy, in PDF format, of the Final Cost Estimate

3. Two (2) copies, Microsoft Word and Adobe PDF, Final Specifications Task M – Construction Bid Set Package Documents (100% Level of Design) PS&Es Once the Design Team has received feedback on the 95% Construction Document Set of Plans (Task L above), Sherwood and the Design Team will begin work on the Construction Bid Set Package (100% level of Design). The plans will follow the same format and layout as identified in Task L above. The Bid Set Package will further the design plans by addressing any

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SCOPE & FEE PROPOSAL | 12 / 22
additional comments identified from the City’s review of the 95% Construction Set, such that the plans achieve 100% design level. At this level of the design, the plans and associated details will indicate how each improvement will be constructed.

At this level of design, the Design Team will provide final modifications to the specifications necessary to match final adjustments made to the plans. Lastly, our Team will finalize the cost estimate to ensure that the project is within the funded budget while also providing confirmed prices for add alternates, should they be needed or desired.

The Final 100% PS&Es will be submitted for review and acceptance by the City. Sherwood anticipates a single deliverable for this task and any significant changes to the plans at this stage will require a contract amendment for the expansion of the scope of work (see Exclusions)
Deliverables include:

1. One (1) electronic copy, PDF, and a maximum of four (4) hard copy sets of the Construction Bid Set Package (100% Level of Design)

2. One (1) electronic copy, in PDF format, of the Final Cost Estimate

3. Two (2) copies, Microsoft Word and Adobe PDF, Final Specifications

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SCOPE & FEE PROPOSAL | 13 / 22
POTENTIAL ADD SERVICE:

Right-of-Way Acquisition
The proposed trail corridor, as defined in the Request for Proposal (RFP), may be modified to accommodate design constraints and align with the goals for the project. If through the design process, it is determined that the trail alignment needs to be adjusted, Sherwood will determine right of way and property boundaries along the route to a degree sufficient to prepare any new or revised easement documents as needed. If needed, the Sherwood will obtain any necessary title reports and other documents as required to prepare Plats and Legal Descriptions for any needed right of way acquisition activities. Sherwood will prepare separate 11” x 17” aerial exhibits detailing the temporary and permanent easement needs by parcel for the County’s review. Acquisition Maps and Plats will be drawn at a scale sufficient to clearly show pertinent information. They will show existing and proposed right of way, existing and proposed center lines, existing property lines, survey monuments, assessor's parcel information, proposed temporary and permanent right of way acquisitions, proposed right of way transfers, and the gross parcel area and acquisition parcel area. Existing easements and features will be clearly marked and identified. Legal descriptions will be prepared for required right of way acquisitions, transfers, temporary construction easements, drainage easements, and other required easements. Legal descriptions must be submitted to the County Surveyor for approval.

Deliverables:

1. Temporary Construction Easement Exhibits (11” x 17” aerial, 1 per parcel)

2. Permanent Easement Exhibits (11’ x 17” aerial, 1 per parcel) and associated support documentation

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SCOPE & FEE PROPOSAL | 14 / 22
EXCLUSIONS / ASSUMPTIONS:

Multiple Milestone Deliverables (Schematic, Design Development, Construction PS&Es ) – In an effort to keep our fees low, Sherwood and our Design Team propose a single submittal at each milestone deliverable. Through continued and clear communications and routine coordination meetings, Sherwood will deliver a final product that reflects the review process comments and stakeholder involvement. Should the City desire to have additional milestone deliverables (i.e. Draft and Final) Sherwood can amend our work plan to include those efforts.

Bidding Support
As part of this task Sherwood will assist with preparation of construction bid RFP, attend pre-bid walk-through and respond to bidder questions, and review construction bids, as necessary.

Sherwood will assist the City staff with the preparation of an RFP for construction estimates to be sent to qualified contractors in the region. Sherwood will provide the Final Engineering Design Plans, Final Specifications, and a detailed project description. Sherwood will provide other assistance, as necessary. Sherwood has included time to review a draft of the RFP and provide comments.

Sherwood and select Design Team members will attend the pre-bid walk-through and will be available to describe the proposed project, the intent of the work to be completed, and respond to technical questions that arise through the bidding process.

Sherwood will review the construction bids and provide recommendations to the City staff to assist with the selection of a qualified contractor.

General Construction Administration
As part of this task, Sherwood and the Design Team will attend pre-construction meeting, respond to Requests for Information (RFIs), provide Supplemental Information (SIs), Review Submittals, and Conduct Construction Inspections.

Sherwood and select Design Team members will attend the Pre-Construction meeting to review the project schedule and to discuss process (timing and procedures) for the RFI, SI and submittal process with the Contractor and the City. Sherwood will also discuss any special considerations/conditions of approval that the Contractor should be aware of. Sherwood will work with the Contractor to develop construction schedule that will be submitted to the City for review and approval. .

Sherwood will respond to request for information (RFIs), prepare supplemental information (SIs), as required. Sherwood will also review contractor submittals in conformance with the project specifications and designs. All RFI, SIs, and submittals will be reviewed and returned to the contractor in a timely manner to keep the project on schedule.

Sherwood will conduct as-needed construction inspection throughout the construction phase of the project. Sherwood estimates a full day every other week, on average throughout the duration of the construction period (assumed 12 weeks).

Record Drawings and Final Approval Letter
As a final task, Sherwood will prepare a Record Drawing and Final Approval Letter. The Record Drawings will update Final Engineering Design Plans and reflect any changes that were made throughout the construction of the project.

Sherwood has not included scope/budget to re-survey the site. Should the project require an updated survey to prepare a Record Drawing, Sherwood will provide the City with a contract amendment to complete the work (see exclusions below).

Utility Agencies Fees – Sherwood assumes that any fees associated with the utility coordination (such as search fees, administrative fees charged by the utilities) will be paid directly by the City of Fresno. Until the utilities are identified, these fees are unknown and have therefore not been included.

Pre-construction Surveys and Biotic Studies – Sherwood assumes that no pre-construction surveys or biotic studies will be required for this project. Should the studies be required, Sherwood can prepare a contract amendment to coordinate the completion the work.

Construction Staking – Sherwood assumes that all pre-construction staking will be the responsibility of the contractor.

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SCOPE & FEE PROPOSAL | 15 / 22
SWPPP – If a SWPPP is required for this project, Sherwood can add the SWPPP to our proposed work plan.

Additional Exclusions include the following services:

1. Agency Fees

2. Percolation tests

3. Hazardous Waste Remediation

4. Traffic Engineering and Traffic Studies

5. Fire Water analysis including
flow/pressure or hydrant flow test

TIME SCHEDULE
03

03 TIME SCHEDULE
14 MONTH SCHEDULE FOR ALL PROJECT DESIGN ACTIVITIES
SCHEDULE FEE PROJECTION_TASK
12341234123412341234123412341234123412341234123412341234 Phase 0: Meetings and Project Management
A. Project Management MMMMMMMMMMMMMMMMMMMMMMMMMMMM
B. Coordination Meetings and Site Visits S DR DR DR DR
Phase 1: Preliminary Engineering
C. Review of Existing Information and Scope Refinement
D. Surveying and Base Mapping
E. Utility Research and Coordination
F. Right-of-Way Acquisition [ See Potential Add Service Section ] G. Geotechnical Investigation
H. Base Flood Elevation Study
I. Environmental Compliance
Phase 2: Final Engineering
J. Schematic Design (30% Level Design) PS&Es
30% Design Plans
Specification Outline
30% Cost Estimate
K. Design Development (65% Level of Design) PS&Es
65% Design Plans
Specifications
65% Cost Estimate
L. Construction Documents (95% Level of Design) PS&Es
95% Design Plans
Specifications
95% Cost Estimate
M. Construction Bid Set Package Documents (100% Level of Design) PS&Es 100% Design Plans
Specifications
100% Cost Estimate
Month 14
M
S
DR
Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Month 13 All review between phases assumed to be 2 w
Client Bi-weekly Meeting
Site Visit
Deliverable Review Meeting
Month 1 Month 2 Month 3 Month 4 Month 5
SHERWOOD-COST ESTIMATE-SCHEDULE.xlsx 1/15/2024

TWENTYNINE PALMS

SERVICES

INFORMATION & SERVICES TO BE PROVIDED BY THE

CITY OF TWENTYNINE PALMS
04

It is our expectation that the City will not be burdened by our Team with excessive needs related to data collection or the like, but we do feel that it should be assumed that the Client allow time for regular project meetings (bi-weekly 30-minute meetings; 28 meetings totaling 14 hours) at a minimum) to connect with our team for status updates, design progress feedback and general coordination. In addition, we are allowing for a period of two (2) weeks of time in between each deliverable and the next phase of work for the Client to review the latest drawing package and provide comments, feedback and design direction, as necessary. The City should assume approximately twenty (20) hours for internal staff review and coordination for each of the four (4) deliverables, totalling approximately eighty (80) hours distributed amongst internal City staff.

Lastly, as indicated in our scope and schedule, we would expect to collaborate with the Client during an early project design meeting which we typically envision will last up to four (4) hours with the possibility of a site visit before or after. We believe that allowing for these moments of collaboration, review and feedback will help to benefit both the process and the design of the project. 04 TWENTYNINE PALMS SERVICES

INFORMATION & SERVICES TO BE PROVIDED BY THE CITY OF TWENTYNINE PALMS

CERTIFICATE OF INSURANCE
05

05 CERTIFICATE OF INSURANCE

PROFESSIONAL ERRORS AND OMISSIONS AND GENERAL LIABILITY

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
12/14/2023
AssuredPartners Design Professionals Insurance Services, LLC 19689 7th Avenue NE, Ste 183, PMB #369
Poulsbo WA 98370
Allison Barga CA Lic #0K93926
360-626-2007 360-626-2007
[email protected]
License#: 6003745 Arch Insurance Company 11150
RLI INSURANCE COMPANY 13056
Sherwood Design Engineer P.C.
315 W 35th Street, 14th Floor
New York NY 10001
2001852603
B X 1,000,000
X 1,000,000
10,000
1,000,000
2,000,000
X
PSB0008586 12/1/2023 12/1/2024
2,000,000
B 1,000,000
X
X X
PSA0002814 12/1/2023 12/1/2024
B X 5,000,000
X
PSE0004255 12/1/2023 12/1/2024
5,000,000
A Professional Liab: Claims Made PAAEP0034906 12/1/2023 12/1/2024 $5,000,000 Per Claim $5,000,000 Aggregate
The Excess Policy is follow form to its underlying Policies: General Liability/Employee Benefits Liability/Auto Liability/Employers Liability.

For Evidence Only
Sherwood Design Engineer, P.C.
315 W 35th Street
14th Floor
New York NY 10001
USA

05 CERTIFICATE OF INSURANCE

PROFESSIONAL ERRORS AND OMISSIONS AND GENERAL LIABILITY © 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
ACORD 25 (2016/03)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE

JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $

CLAIMS-MADE
OCCUR
$
AGGREGATE $
UMBRELLA LIAB EACH OCCURRENCE $

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER
STATUTE OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

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

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

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
E-MAIL
ADDRESS: [email protected]
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

Acct#: 2763671 10/3/2023
Lockton Companies, LLC
888-828-8365
3657 Briarpark Dr., Suite 700
Houston, TX 77042
Indemnity Insurance Co. of North America 43575
SHERWOOD DESIGN ENGINEERS, LTD.
2548 MISSION ST
SAN FRANCISCO, CA 94110-2512
A C55932098 10/1/2023 10/1/2024
X
1,000,000
1,000,000
1,000,000
SHERWOOD DESIGN ENGINEERS, LTD.
2548 MISSION ST
SAN FRANCISCO, CA 94110

SAN FRANCISCO (HQ)
2548 Mission Street
San Francisco, CA 94110
415.677.7300

NEW YORK
315 West 35th Street, 14th Floor
New York, NY 10001
212.972.1400

ATLANTA
675 Ponce De Leon Avenue NE,
Suite 8500,
Atlanta, GA 30308
678.935.9507

SANTA CRUZ
1525 Seabright Avenue
Santa Cruz, CA 95062
831.426.9054

LOS ANGELES
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Los Angeles, CA 90023
323.920.0390
SONOMA
625 2nd Street, Suite 209
Petaluma, CA 94952
707.780.1742
www.sherwoodengineers.com

-1-

CITY OF TWENTYNINE PALMS

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 23rd day of April, 2024, by and between the City of Twentynine Palms, a municipal corporation organized under the laws of the State of California with its principal place of business at 6136 Adobe Rd, Twentynine Palms, CA 92277 (“City”) and Sherwood Design Engineers, a Corporation, with its principal place of business at 315 W. 35th Street, 14th Floor, New Yor, NY 10001 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing engineering and design services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the City-Wide Channel Trail Project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering, design, and consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from April 23, 2024 to April 23, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall

-2-
not exceed Four Hundred Ninety-Five Thousand dollars ($495,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:

Robyn Cooper, Jimmy Galvez, Jim Remlin, Andy Greenberg, Carter Hayes.

3.3.5 City's Representative. The City hereby designates Richard Pedersen, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Robyn Cooper, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California practicing under similar circumstances. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant

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and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (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 Services); 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 a public agency applicable to the Services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

3.3.9.4 Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and shall exercise usual and customary professional care in their efforts to be in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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3.3.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times put forth reasonable professional efforts to be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.

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(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claimsmade basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion: The policy shall not apply to Damages or Claims Expenses resulting from any claim arising out of or resulting from any liability assumed under any contract or agreement including any breach of warranty or express guarantee, or any hold harmless or indemnity agreements, provided this exclusion shall not apply to the extent liable in the absence of such contract or agreement.

The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

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(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.8 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

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3.3.11.10 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.11 Insurance for Subconsultants. Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage.

Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.3.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000

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et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this section, or any other relevant water quality law, regulation, or policy.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of 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"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. 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 $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall 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.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Sherwood Design Engineers, P.C.
315 W. 35th Street, 14th Floor
New York, NY 10001
ATTN: Robyn Cooper
City: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, California 92277
ATTN: Richard Pedersen
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of seven (7) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless,

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pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, 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 or persons, including wrongful death, to the extent caused by any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be

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restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, and employees.

3.6.5.2 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 claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, 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.

3.6.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work

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days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF TWENTYNINE PALMS

AND SHERWOOD DESIGN ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF TWENTYNINE PALMS
By:

Larry Bowden
City Manager
ATTEST:

By:

Cindy Villescas, CMC
City Clerk
APPROVED AS TO FORM:

By:

Patrick Munoz
City Attorney

SHERWOOD DESIGN ENGINEERS
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES

Exhibit “A”-2
Proposed Work Plan
Sherwood proposes the following design phases and scope of work to complete the City of Twentynine Palms: City-wide Channel Trail Project. Each phase is intended to enhance the design upon successive approvals to help the project stay on track and to realize the intended design upon completion.

The work plan for this project has been separated into three (3) phases, each phase representing related tasks to complete the required milestones of the project. Phase 0 will be ongoing throughout the duration of the project, and the remaining Phases 1 and 2 will be completed in succession as the project progresses and in alignment with the tasks presented in the RFP. The phases and tasks include:

Phase 0: Meetings and Project Management
A. Project Management
B. Coordination Meetings and Site Visits
Phase 1: Preliminary Engineering
C. Review of Existing Information and Scope Refinement
D. Surveying and Base Mapping
E. Right-of-Way Acquisition [ See Potential Add Service Section ] F. Utility Research and Coordination
G. Geotechnical Investigation
H. Base Flood Elevation Study
I. Environmental Compliance
Phase 2: Final Engineering
J. Schematic Design (30% Level Designs)
K. Design Development (65% Level Designs)
L. Construction Documents (95% Level of Design)
M. Construction Bid Set Package (100% Level of Design)
It is understood that the Sherwood’s Design Team will provide hard copies and/or electronic files to the City of Twentynine Palms for submittal to the appropriate agency in accordance with local requirements. Refer to phase(s) below for specific deliverables.

Exhibit “A”-3
PHASE 0: PROJECT MANAGEMENT AND MEETINGS
Task A – Project Management
As an on-going task throughout the project, Sherwood will provide project management of the overall project and will manage sub-consultants to ensure that the workflow between the companies is seamless and timely. This task covers internal design meetings and day-to-day correspondence by phone/video conference and e-mail.

Sherwood will prepare and maintain a Project Schedule that will include a timeline for each task identified in this work plan (and included in this proposal). Sherwood will coordinate with the subconsultants to ensure that the schedule is adhered to. Should there need to be any modifications to the schedule, Sherwood will notify the City immediately, gain consensus with the City as to the rationale, and update the schedule accordingly.

Sherwood will also prepare and maintain an overall Project Budget, for each task. Sherwood will review and manage the budget with weekly check-ins and monthly invoicing to ensure close adherence to the agreed upon budgetary costs.

This task also includes time to prepare contact documents, invoicing, financial management, and project data management.

Task B – Coordination Meetings and Site Visits
In addition to regular project coordination calls, throughout the course of the project, Sherwood anticipates five (5) progress/coordination meetings and conference calls with the City staff and associated stakeholders. These meetings will include:
• One (1) kick-off meeting – Key members of the Design Team will participate in a project kick-off meeting to visit the project trail corridor and to confirm the overall project scope and schedule. The kick-off meeting will provide Sherwood the opportunity to review data needs, receive data from the City, discuss project goals, challenges and necessary design coordination items, establish methods of communication, and review feedback from the previous public engagement sessions.
• One (1) virtual meeting following each of the design deliverables to review deliverables in more detail
o Schematic Design (30% Level of Design)
o Design Development (65% Level of Design), and
o Construction Documents (95% Level of Design)
o Construction Bid Set Documents (100% Level of Design) The progress and coordination meetings/calls will allow the City and the Design Team to review

Exhibit “A”-4
the progress of the project after key project milestones, explore issues, identify resolutions, and provide recommendations regarding the project design. As part of this task, Sherwood will coordinate and attend meetings, prepare meeting agendas (as necessary) and compile and distribute meeting minutes to the City.

This task also includes time to participate in conference calls with the City on a monthly basis, as needed, throughout the duration of the project. Sherwood estimates that the monthly calls will last no more than 30 minutes. Sherwood will follow up each call with an email summarizing the main points of the call to memorialize any decisions made. If a call is not needed or participants are not available, Sherwood will provide a check-in email to summarize the status of the project.

Meetings in addition to those listed above will be billed on a time and expense basis for the individual attending the meeting.

Deliverables include:

1. Attend the following Meetings and provide Meeting Summary after each:
o In-person Meeting:
▪ Kick-off Meeting
o Virtual Meetings:
▪ Schematic Design Submittal Review
▪ Design Development Submittal Review
▪ Construction Document Submittal Review
▪ Construction Bid Set Document Submittal Review

2. Attend monthly call to review the project status and provide Meeting Summary after each (assume 14 meetings)
PHASE 1: PRELIMINARY ENGINEERING
The Preliminary Engineering Phase of work will be designed to help develop the trails alignment and supporting design requirements, cost, and permitting needs. For this project, the initial phase of work will involve existing information review and scope refinement, surveying and base map development, geotechnical, environmental, hydrologic, and circulation research and understanding. The work developed during this process will assist our Design Team and the Client in the evaluation of the constraints and opportunities associated with the trail corridor and early opportunities to strategize on approach with specific focus on cost, permitting, timeline, and design.

This baseline information will allow our Design Team to develop trail design drawings that will document trail alignment plan and profile information, alignment alternatives, associated grading, drainage and erosional control design, utility re-location identification and design (as necessary), designs options for site furnishing, and appropriate sections and details to inform proper cost estimating.

Exhibit “A”-5
Our Design Team is committed to identify the best outcome for the project and we recognize that the final approved trail alignment may require property acquisition. To best support decision making related to costs, permitting, and overall design we will research all available public records to demonstrate parcel ownership and how it overlaps with the proposed design. If right of way (ROW) acquisition is determined to be required, our Design Team is equipped to provide the necessary services to support [ See Potential Add Service Section ].

Below is a more detailed description of the tasks required for the Preliminary Engineering Phase of the project.

Task C - Review of Existing Information and Scope Refinement During the kick-off meeting (Task B, above), Sherwood will obtain relevant data and information from the City. At a minimum, Sherwood will review:

1. Proposed preliminary site plans (presented in the RFP),

2. Evaluation of site topographic data/mapping and applicable record data (LiDAR).

3. Review any pertinent GIS layers including but not limited to hard infrastructure and utilities

4. Evaluation of any available reports including traffic/soils/geology/site hazards/biotic/hydrology/floodplain mapping, etc.

5. Review of City of Twentynine Palms: Community Trails Master Plan and any associated Design Guidelines and Standard Drawings

6. Review of applicable regulatory and permitting requirements

7. Stormwater and Erosion control considerations

8. Stakeholder input, information, and data
Sherwood and the Design Team will review the exiting information and identify any information and/or scope gaps. Using this feedback, Sherwood will work with City and the Design Team to refine the scope of the overall project, as necessary, to fill in any information gaps. If proven necessary, a revised scope of work and cost estimate will be provided for any work identified.

This task will be completed swiftly once the project is initiated to ensure that the timeline of the overall project is maintained.

Deliverables include:

1. One (1) Full Day site visit (Task B above)

2. One (1) Existing Conditions Due Diligence memorandum Task D – Surveying and Base Mapping
A deep understanding of the existing conditions and its associated base mapping will be necessary to successfully design the trail corridor. The surveying and base map establishment

Exhibit “A”-6
for the project will be prepared by GUIDA Surveying Inc.

The Field Survey Scope includes the following:
• Aerial Topography
o Guida will set and tie 23 horizontal/vertical aerial panels for the project control. The panels will be tied to the California State Plane Coordinate System Zone 5, NAD ’83 Horizontal and NAVD ’88 Vertical. Mapping to include existing permanent features (traffic signs, utilities, etc.) and sufficient spot elevations for roadway design, including cross sections and earthwork estimates. • Boundary Control
o Guida will locate and tie existing monuments along the project corridor to establish the project boundary.
• Subsurface Utility Location
o Guida will locate and tie utility mark-out locations after completion of mark-out.

The Base Mapping Development Services scope includes:
• Topographic Mapping
o Guida will compile aerial topography and any additional conventional topography required to deliver existing conditions mapping with 1’ contour intervals at 1”=30’ scale.
• Base Mapping
o Guida will prepare a project control Basemap with found monuments, existing condition site components, record data and utilities.

Lastly, Guida and Sherwood will import the preliminary trail alignment as identified in the RFP, insert any utility data identified in Task E, and create a single comprehensive basemap for the site. The layering, colors, and line types will follow standard engineering protocol and any requirements identified by the City for conformance and consistency. This base map will become the foundation for the Engineering Design plans developed in Phase 2 below.

Deliverables include:

1. Comprehensive existing conditions base map consisting of but no limited to:
a. 1-foot contours
b. Spot elevations throughout the corridor with specific interest at roadway crossings and grade transitions
c. Existing condition information of above and below grade site features and utilities

Exhibit “A”-7
d. Field notes and permits, as necessary
Task E – Utility Research and Coordination
Our Design Team will coordinate with all affected regulatory agencies and all affected utility agencies within the corridor of the proposed trail. We will perform all required utility research and coordination necessary and will contact all utilities by written correspondence to determine existing utility line locations and supporting information. We will provide copies of all correspondence to and from regulatory and utility agencies and will provide research (including sub-surface pot holing and overhead clearance) as required to complete design and construction related to any removal, relocation, or adjustment to any existing utility facilities. All existing utilities identified through our research will be integrated with the topographic and site base mapping to provide a clear and comprehensive understanding of the existing conditions.

The estimation for this scope item is based upon requesting utility mark-out in fifteen (15) locations in specific areas where the project crosses roads.

Our team will summarize our findings in a technical memorandum. The memorandum will identify all utilities found on site, describe the locations/size/type (as applicable), list any applicable design standards regulations related to relocating the utilities, and provide recommendations for any relocations necessary to complete the project. Relocations will be shown in the Schematic Plans (Task J below).

Deliverables include:

1. Electronic copies of correspondence with utilities entities

2. Memorandum summarizing findings and recommendations for relocations Task F – Right-of-Way Acquisition [ See Potential Add Service Section ] Task G – Geotechnical Investigation
A geotechnical investigation will be conducted, and a geotechnical report will be prepared by Atlas Technical Consultants, LLC. (Atlas). The purpose of the geotechnical investigation will be to perform a subsurface investigation at the project site / corridor and address the geotechnical issues of the proposed project. Specifically, the geotechnical scope of work will consist of the following:
• A review of relevant geologic maps and documents
• Coordinating our fieldwork with the Design Team and the City of Twentynine Palms personnel to arrange arranging site access, coordination with any property owners and obtaining any required permits (if required).
• Performing a surficial reconnaissance of the proposed trail alignment in order to observe existing site conditions and select areas for subsurface geotechnical exploration • Marking out the proposed exploration locations for subsurface utility conflicts by members of Underground Service Alert of Southern California

Exhibit “A”-8
• Excavating a total of eight to twelve exploratory hand augers and/or test pits using hand tools at select locations along the proposed alignment. The borings/test pits will be excavated to a depths of up to 6 (six) feet below existing grade, or refusal. • Documenting the subsurface conditions encountered in the borings/test pits, including groundwater and/or seepage, as well as characterization of the subsurface materials encountered in the test pit locations at all sites
• Collecting soil samples from the materials encountered in the borings/test pits. Soil samples will be collected for geotechnical laboratory analysis. • Backfilling the borings/test pits with cuttings generated during fieldwork The results of the geotechnical field work and laboratory programs will be evaluated to develop conclusions and recommendations specified in the project’s Request for Proposal (RFP) regarding the following:
• Subsurface conditions beneath the site, including groundwater levels if encountered • Potential geologic hazards
• Mapped seismic design values in accordance with the requirements of 2023 CBC • Site preparation and grading
• Excavation characteristics
• Appropriate alternatives for foundation support of minor improvements, along with geotechnical engineering criteria for design of foundations • Pathway/pavement section design
• Corrosion potential
Once the Draft Geotechnical Engineering report is complete, it will be submitted to the City for review and reference.

Deliverables include:

1. One (1) Geotechnical Engineering Report, electronic and three (3) wet stamped hard copies
Task H – Base Flood Elevation Study
A preliminary review of FEMA Flood Maps show portions of the project located within Zone AE as well as the regulatory Floodway. Sherwood has included a limited scope to evaluate the project in relation to the 100-year floodplain. Sherwood has not included time to conduct a formal HH Analysis of the project’s impact on the 100-year water surface elevation. Should an HH Analysis be required, that work will be completed under an add service proposal (ASP).

Exhibit “A”-9
Task I – Environmental Compliance
Our Team understands that the City of Twentynine Palms intends to use TDA Article 3 funding from the San Bernardino County Transportation Authority to design and construct Phase II of the City-Wide Channel Trail, which is identified as the number one priority in the Morongo Basin Active Transportation Plan (2019). Phase II of this project would include a western trailhead adjacent to Joshua Tree National Park’s Fortynine Palms Canyon Trail, and the trail would span approximately 6.9 miles along the San Bernardino County Flood Control Channel through the City of Twentynine Palms, crossing a variety of roadway segments. Phase I of the City-Wide Channel Trail was constructed in Spring 2023, and Phase II of the trail will include features similar to the existing segment.

In order to provide proper Environmental review and compliance for this project, our team will execute on the following tasks:
• Project Initiation and Description
o Participation in project initiation and design charette with engineering team and City staff to better understand the City’s goals and objectives, identify relevant project information and specific project issues, create a forum to discuss environmental constraints, and provide design recommendations. o Craft environmental project description to be incorporated into all CEQA documentation.
• Environmental Technical Studies
o Reconnaissance-level biological resources survey to identify potential presence of sensitive biological resources, including burrowing owl, desert tortoise, Joshua Tree, and rare plants.
o Option to provide focused species surveys for sensitive biological resources. o Option to update jurisdictional delineation.
o Prepare Biological Resources Assessment Report to support the CEQA documentation, summarizing results of the reconnaissance-level survey. Results of any focused species surveys or jurisdictional delineation will also be summarized in the BRA Report, if conducted.
o Conduct reconnaissance-level cultural resources survey to identify potential presence of historical and archeological resources.
o Prepare Cultural Resources Assessment Letter Report to support the CEQA documentation, summarizing results of the records search and reconnaissancelevel cultural resources survey, and identifying potential impacts to historical and archeological resources.
o Option to assist with Tribal Cultural Resources consultation, if required under CEQA.

Exhibit “A”-10
• CEQA Clearance
o Prepare CEQA Categorical Exemption documentation in accordance with all applicable State and local requirements.
o Option to prepare Administrative Draft Initial Study using the CEQA Appendix G Environmental Checklist, should the technical analyses or Draft Categorical Exemption Memorandum indicate that a significant environmental impact may occur or the project may otherwise not qualify for a CEQA exemption. o Option to prepare Mitigated Negative Declaration (MND) following the Administrative Draft Initial Study, should it be required. o Option to prepare all notices for the project, including Notice of Intent, Notice of Completion, and a Notice of Determination.
o Option to assist with coordination and handling of radius mailing for recipients as needed to comply CEQA public review requirements, and prepare the radius mailing map, if required.
o Option to prepare written responses to comments, Mitigation Monitoring & Reporting Program, and CEQA Findings.
• Optional Regulatory Permitting
o As-needed liaison with regulatory agencies to provide guidance to the project team.
o Consultation with the appropriate agencies and stakeholders to clarify the regulatory pathway and requirements, seeking a process that simplifies and streamlines approval and ensures regulatory agency requirements are met in a timely fashion.
• Project Management
o Participate in up to three project progress meetings to collaborate and coordinate with City staff and various consultants, as well as state and local agencies if required.
o Other responsibilities under this task include cost and schedule tracking, progress reporting, quality assurance/quality control, and invoicing.

Our Design Team understands that federal funds are not currently programmed for this project.

Furthermore, the project’s western trailhead would be constructed outside of the Joshua Tree National Park boundary and the project design is not anticipated to physically alter the existing flood control channel. As such, consultation with the National Park Service under Section 6(f) and consultation with the United States Army Corps of Engineers under Section 408 is not expected, and National Environmental Policy Act (NEPA) compliance is not anticipated.

Exhibit “A”-11
PHASE 2: FINAL ENGINEERING
In this phase of the project, utilizing the feedback and information gathered during Phase 1, Sherwood will move into the development of Engineering Plans, Specifications, and Cost Estimates, also known as PS&E's. Each deliverable is intended to build upon the previous deliverable, incorporating feedback and comments from the City and the project Stakeholders.

The following tasks present the process of plan development from Schematic Design to Construction Bid Documents in four (4) successive submittals to the City.

Task J - Schematic Design (30% Level Design) PS&Es
The Design Team will prepare Schematic Level (30%) Design Plans for the proposed trail alignment, beginning with an assessment and validation of the rough alignment shown in the figures presented in the RFP. The schematic design plans will include Engineering and Landscape/Site Furnishing Plans that show the proposed site improvements at a schematic level of design.

It is typical for our process to include a Design Team Charette with the Client during this early phase of the project. We use this meeting to work through preliminary engineering phase feedback, design strategies, discuss stakeholder / community feedback and coordinate specific areas where design intent and decision making can be more openly discussed and advanced.

Embedding this step into our process has proven to be impactful on many of our projects, helping our team to be more closely aligned with the client and their goals and more streamlined in our alternative analyses and corresponding pricing exercises. Following this in-person design meeting our team will document key takeaways, focus areas and next steps for integrating feedback gathered into the design.

Following the Design Team Charette, Sherwood will prepare the Civil Engineering Plans which may include a Cover/Civil Information Sheet, Staging and Demolition Plan, Overall Site Improvement Plan, Trail Alignment, Wet Utility Alignments and Relocations (if necessary), Grading and Drainage Plans, Erosion Control Plan, and any typical details necessary to convey the intent of the design. In addition, the Design Team will work closely with the client to evaluate and identify on the plans where potential plantings and furnishings could be integrated.

Sherwood will not develop a separate plan and detail sheet to support this work but rather callouts and references provided by the Client.. The Schematic Plans will include the sheets necessary to convey the concept and scope of the proposed project, alternative alignments to be considered and the details required to provide an understanding of the construction intent.

The 30% Schematic Design trail plans will include, but not necessarily limited to:
• Cover and Information Sheet
• Layout/Grading – Plan (1”=80’)
o Limits of cut and fill,
o Proposed Site Features:
▪ trailheads
▪ trail intersections

Exhibit “A”-12
▪ retaining walls
▪ road crossings
▪ culverts
▪ permanent stormwater features, etc.
▪ zones for plantings and furnishings (via close coordination with Client)
o Street Crossings
▪ Major street crossings (SR 62 and Adobe Road) are not included under this contract. Future road crossings at these locations, not included under this contract. To be reviewed under future contracts.
▪ Assumed all remaining minor street crossings are non-signalized and will coordinate with Client for “alternative route signage” and specific detailing, as necessary
▪ Additional utility coordination and permitting required for any future crossing and / or signalization is not included under this scope o Trail Cross Sections – Typical details at this phase
• Drainage Layout Plans:
o Assumes minor utility conflicts and proposed resolutions (relocations and permitting of large utility mains / services will be avoided to the greatest extent possible and are not included under this scope of work) o stormwater BMPs locations and typical details
o Assumed no new utilities required throughout length of trail (if identified as a need an additional service proposal will be developed at request of the Client)
The Design Team will also provide a list of the Specifications to be developed in later phases of design.

The Design Team will prepare a materials list, quantities, and a preliminary Cost Estimate for the project as shown in the Schematic Design. The cost estimate will be commensurate with the level of design.

The Schematic PS&E’s will be submitted for Review, Comment and Acceptance by the City.

Sherwood anticipates a single deliverable for this task and any comments received will be incorporated into the Design Development (65% level of Design, Task K below).

Exhibit “A”-13
Deliverables include:

1. One (1) electronic copy, PDF, and a maximum of four (4) hard copy sets of the Schematic Design Plans (30% Level of Design)

2. One (1) electronic copy, in PDF format, of the Preliminary Cost Estimate

3. Two (2) copies, Microsoft Word and Adobe PDF, List of Specifications Task K - Design Development (65% Level of Design) PS&Es Once the Design Team has received feedback/comments on the Schematic Design Set and design direction related to alternative design options related to alignment, pedestrian crossings, etc., we will begin work on the Design Development Plans. The plans will follow the same format and layout as identified in Task J above. The Design Development Plans will be advanced to the 65% design level. At this level of the design, the plans will begin to show more precisely how and where the improvements will be implemented, and the details will begin to show how the project will be constructed. The details will be developed from typical details to drafts of the final design details.

The 65% Design Development plans will include, but not necessarily limited to:
• Cover/Information Sheet
• Construction Access and Staging
• Horizontal Control Plans (1” = 120’)
• Layout/Grading Plans – Plan and Profile Sheets (1”=40’) o In segments or locations where it has been determined by the Design Team and City Staff that profile information is unnecessary for construction purposes, profiles may be omitted from the plans. Profiles to be utilized for ADA accessibility requirements.
o Limits of cut and fill,
o Proposed Site Features:
▪ trailheads
▪ trail intersections
▪ retaining walls
▪ road crossings
▪ culverts
▪ permanent stormwater features, etc.

Exhibit “A”-14
▪ zones for plantings and furnishings (via close coordination with Client) o Street Crossings
▪ Major street crossings (SR 62 and Adobe Road) are not included under this contract. Future road crossings at these locations, not included under this contract. To be reviewed under future contracts. ▪ Assumed all remaining minor street crossings are non-signalized and will coordinate with Client for “alternative route signage” and specific detailing, as necessary
▪ Additional utility coordination and permitting required for any future crossing and / or signalization is not included under this scope • Drainage Plans
• Erosion Control Plans
• Engineering Details
At this level of design, the Design Team will provide a draft of the specifications to indicate the sections that the Design Team proposes to prepare as part of the final engineering plan set.

This draft will identify all of the subsections within each specification. The Draft specifications at this level may not be tailored to the specific project but will provide guidance to ensure all components of the design are accounted for.

The Design Team will update the list of materials and quantities to reflect the updated design plans and will adjust the Opinion of Probable Cost for the Project accordingly. The cost estimate will be commensurate with the level of design.

The Design Development PS&Es will be submitted for Review, Comment and Acceptance by the City. Sherwood anticipated a single deliverable for this task and any comments received will be incorporated into the Construction Documents (95% level of Design, Task L below).

Acquisition Maps and legal Descriptions are not currently covered under the budget for this project. Once the design reaches this level of design the requirements for these tasks will be reevaluated and a contract amendment will be provided to complete these tasks on an hourly basis.

Deliverables include:

1. One (1) electronic copy, PDF, and a maximum of four (4) hard copy sets of the Design Development Plans (65% Level of Design)

2. One (1) electronic copy, in PDF format, of the Updated Cost Estimate

3. Two (2) copies, Microsoft Word and Adobe PDF, Draft Specifications

Exhibit “A”-15
Task L – Construction Documents (95% Level of Design) PS&Es Once the Design Team has received feedback on the Design Development Plans (Task I above), we will begin work on the Final Construction Documents (95% level of Design). The plans will follow the same format and layout as identified in Task I above. In addition to the drawing set, our team will develop a Traffic Control plan to control traffic flow and maintain contractor safety which will be based on the current project layout, intersection design and phasing assumptions. The Construction Drawings will further the design plans to the 95% construction ready design level. At this level of the design, the plans will show how each improvement will be constructed and the supporting details will be developed to a more complete and final level of design.

At this level of design, the Design Team will provide Final specifications. The Final specifications will identify all the subsections within each specification and will be tailored to specifically identify all the proposed improvements for the site.

Based on the Final Engineering Plans, we will update the cost estimate to ensure that the project is within the funded budget while also providing the City with add-alternate options, should they be needed or desired.

The 95% PS&Es will be submitted for review and acceptance by the City. Sherwood anticipates a single deliverable for this task and any significant changes to the plans at this stage will require a contract amendment for the expansion of the scope of work (see Exclusions) Deliverables include:

1. One (1) electronic copy, PDF, and a maximum of four (4) hard copy sets of the Construction Documents (95% Level of Design)

2. One (1) electronic copy, in PDF format, of the Final Cost Estimate

3. Two (2) copies, Microsoft Word and Adobe PDF, Final Specifications Task M – Construction Bid Set Package Documents (100% Level of Design) PS&Es Once the Design Team has received feedback on the 95% Construction Document Set of Plans (Task L above), Sherwood and the Design Team will begin work on the Construction Bid Set Package (100% level of Design). The plans will follow the same format and layout as identified in Task L above. The Bid Set Package will further the design plans by addressing any additional comments identified from the City’s review of the 95% Construction Set, such that the plans achieve 100% design level. At this level of the design, the plans and associated details will indicate how each improvement will be constructed.

At this level of design, the Design Team will provide final modifications to the specifications necessary to match final adjustments made to the plans. Lastly, our Team will finalize the cost estimate to ensure that the project is within the funded budget while also providing confirmed prices for add alternates, should they be needed or desired.

The Final 100% PS&Es will be submitted for review and acceptance by the City. Sherwood anticipates a single deliverable for this task and any significant changes to the plans at this stage will require a contract amendment for the expansion of the scope of work (see Exclusions)

Exhibit “A”-16
Deliverables include:

1. One (1) electronic copy, PDF, and a maximum of four (4) hard copy sets of the Construction Bid Set Package (100% Level of Design)

2. One (1) electronic copy, in PDF format, of the Final Cost Estimate

3. Two (2) copies, Microsoft Word and Adobe PDF, Final Specifications

Exhibit “A”-17
POTENTIAL ADD SERVICE:

Right-of-Way Acquisition
The proposed trail corridor, as defined in the Request for Proposal (RFP), may be modified to accommodate design constraints and align with the goals for the project. If through the design process, it is determined that the trail alignment needs to be adjusted, Sherwood will determine right of way and property boundaries along the route to a degree sufficient to prepare any new or revised easement documents as needed. If needed, the Sherwood will obtain any necessary title reports and other documents as required to prepare Plats and Legal Descriptions for any needed right of way acquisition activities. Sherwood will prepare separate 11” x 17” aerial exhibits detailing the temporary and permanent easement needs by parcel for the County’s review. Acquisition Maps and Plats will be drawn at a scale sufficient to clearly show pertinent information. They will show existing and proposed right of way, existing and proposed center lines, existing property lines, survey monuments, assessor's parcel information, proposed temporary and permanent right of way acquisitions, proposed right of way transfers, and the gross parcel area and acquisition parcel area. Existing easements and features will be clearly marked and identified. Legal descriptions will be prepared for required right of way acquisitions, transfers, temporary construction easements, drainage easements, and other required easements. Legal descriptions must be submitted to the County Surveyor for approval.

Deliverables:

1. Temporary Construction Easement Exhibits (11” x 17” aerial, 1 per parcel)

2. Permanent Easement Exhibits (11’ x 17” aerial, 1 per parcel) and associated support documentation

Exhibit “A”-18
EXCLUSIONS / ASSUMPTIONS:

Multiple Milestone Deliverables (Schematic, Design Development, Construction PS&Es ) – In an effort to keep our fees low, Sherwood and our Design Team propose a single submittal at each milestone deliverable. Through continued and clear communications and routine coordination meetings, Sherwood will deliver a final product that reflects the review process comments and stakeholder involvement. Should the City desire to have additional milestone deliverables (i.e. Draft and Final) Sherwood can amend our work plan to include those efforts.

Bidding Support
As part of this task Sherwood will assist with preparation of construction bid RFP, attend pre-bid walk-through and respond to bidder questions, and review construction bids, as necessary.

Sherwood will assist the City staff with the preparation of an RFP for construction estimates to be sent to qualified contractors in the region. Sherwood will provide the Final Engineering Design Plans, Final Specifications, and a detailed project description. Sherwood will provide other assistance, as necessary. Sherwood has included time to review a draft of the RFP and provide comments.

Sherwood and select Design Team members will attend the pre-bid walk-through and will be available to describe the proposed project, the intent of the work to be completed, and respond to technical questions that arise through the bidding process.

Sherwood will review the construction bids and provide recommendations to the City staff to assist with the selection of a qualified contractor.

General Construction Administration
As part of this task, Sherwood and the Design Team will attend pre-construction meeting, respond to Requests for Information (RFIs), provide Supplemental Information (SIs), Review Submittals, and Conduct Construction Inspections.

Sherwood and select Design Team members will attend the Pre-Construction meeting to review the project schedule and to discuss process (timing and procedures) for the RFI, SI and submittal process with the Contractor and the City. Sherwood will also discuss any special considerations/conditions of approval that the Contractor should be aware of. Sherwood will work with the Contractor to develop construction schedule that will be submitted to the City for review and approval.
. Sherwood will respond to request for information (RFIs), prepare supplemental information (SIs), as required. Sherwood will also review contractor submittals in conformance with the project specifications and designs. All RFI, SIs, and submittals will be reviewed and returned to the contractor in a timely manner to keep the project on schedule.

Sherwood will conduct as-needed construction inspection throughout the construction phase of the project. Sherwood estimates a full day every other week, on average throughout the duration of the construction period (assumed 12 weeks).

Exhibit “A”-19
Record Drawings and Final Approval Letter
As a final task, Sherwood will prepare a Record Drawing and Final Approval Letter. The Record Drawings will update Final Engineering Design Plans and reflect any changes that were made throughout the construction of the project. Sherwood has not included scope/budget to resurvey the site. Should the project require an updated survey to prepare a Record Drawing, Sherwood will provide the City with a contract amendment to complete the work (see exclusions below).

Utility Agencies Fees – Sherwood assumes that any fees associated with the utility coordination (such as search fees, administrative fees charged by the utilities) will be paid directly by the City of Fresno. Until the utilities are identified, these fees are unknown and have therefore not been included.

Pre-construction Surveys and Biotic Studies – Sherwood assumes that no pre-construction surveys or biotic studies will be required for this project. Should the studies be required, Sherwood can prepare a contract amendment to coordinate the completion the work.

Construction Staking – Sherwood assumes that all pre-construction staking will be the responsibility of the contractor.

SWPPP – If a SWPPP is required for this project, Sherwood can add the SWPPP to our proposed work plan.

Additional Exclusions include the following services:

1. Agency Fees

2. Percolation tests

3. Hazardous Waste Remediation

4. Intersection Signalization and associated design and permitting

5. Roadway crossing design other than crosswalk striping and curb ramps (per local standards)

6. If trail requires additional land acquisition, support will be provided via add service, once alignment considerations are finalized

7. Floodplain / floodway permitting (assumed alignment will work to avoid to reduce permitting and design time)

8. No Rise Study and separate H&H report associated with floodplain

9. Vertical Profiles for trail alignment

10. Structural Engineering (i.e. retaining walls, pile supported structures, bridging, etc.)

11. Fire water analysis including flow/pressure or fire hydrant flow testing

12. Potable water routing or water fountain installation

13. Overhead Power or Telecomm integration

14. Traffic Engineering and Traffic Studies

15. Additional environmental studies or optional tasks highlighted in scope above

16. Construction Administration Support

Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES

SCHEDULE
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Phase 0: Meetings and Project Management
A. Project Management M M M M M M M M M M M M M M M M M M M M M M M M M M M M B. Coordination Meetings and Site Visits S DR DR DR DR
Phase 1: Preliminary Engineering
C. Review of Existing Information and Scope Refinement
D. Surveying and Base Mapping
E. Utility Research and Coordination
F. Right-of-Way Acquisition [ See Potential Add Service Section ] G. Geotechnical Investigation
H. Base Flood Elevation Study
I. Environmental Compliance
Phase 2: Final Engineering
J. Schematic Design (30% Level Design) PS&Es
30% Design Plans
Specification Outline
30% Cost Estimate
K. Design Development (65% Level of Design) PS&Es
65% Design Plans
Specifications
65% Cost Estimate
L. Construction Documents (95% Level of Design) PS&Es
95% Design Plans
Specifications
95% Cost Estimate
M. Construction Bid Set Package Documents (100% Level of Design) PS&Es 100% Design Plans
Specifications
100% Cost Estimate
June
M
S
DR
May June July August September October November December January February March April May Client Bi-weekly Meeting
Site Visit
Deliverable Review Meeting
All review between phases assumed to be 2 weeks
4/12/2024

Exhibit “C”-1
EXHIBIT "C"

COMPENSATION

PHASE DESCRIPTION FEE ESTIMATE
Phase 0: Meetings and Project Management $30,000
Phase 1: Preliminary Engineering $165,000
Phase 2: Final Engineering $300,000
TOTAL FEE ESTIMATE* $495,000
* Reimbursables will be reviewed with the Client prior to final contracting and could include travel, reproduction, etc. in alignment with the project needs and Client requests.

TDA Article 3 Grant Application: Bicycle & Pedestrian Project Project Title
Priority if Submitting
Multiple Applications
Project Type
Project Length
City-Wide Channel Trail Project
Installation of new facility

6.9 Miles
Local Match Funding Measure I - Local
Sources
Contact Name Richard Pedersen, City Engineer
Agency Twentynine Palms
Contact Phone 760-801-7615
Contact Email richardpedersen@caa. inc
Project Need & Purpose
Clear project
description
Provide data to
The construction of a 6.9 mile long, 12' wide, PCC Class 1 bikeway. Limits: Trail head of the Fortynine Palms Canyon Trail, then easterly along the flood control channel to channel' s east terminus at Bagdad Hwy.

The City recently constructed a 2000' segment of the trail in Spring 2023. The first of support potential use its kind in the entire city. This segment proves the statement that if you build it they of the bicycle or
sidewalk facility
will come. Though the City has not completed an official " traffic count", city staff has witnessed many residents utilizing this segment, even though it is new. As other segments are constructed to tie into this premier facility, additional neighborhoods will have access to the hub of the City's activities.

Describe how project The Twentynine Palms Flood Channel Trail is listed as the number one priority in the is situated in the Morongo Basin Active Transportation Plan recently completed in 2019. This plan regional system.

Explain how this
project is consistent
with a Regional
Transportation Plan
orSBCTA's
Countywide Active
Transportation Plan,
if applicable.
was created by the incorporated cities of Twentynine Palms and Yucca Valley, and unincorporated areas such as Joshua Tree and Morongo Valley, with the support of San Bernardino County Transportation Authority. This plan was presented to the Planning Commission and City Council at public hearings for acceptance. In addition, the channel trail was part of the City of Twentynine Palms Community Trails Master Plan completed and adopted by the City in 2014 after much public input. The trail was also part of the City's Parks and Recreation Master Plan ( 2008) and the City's General Plan ( 2012).

Outline the This trail was selected as the number one priority in the plan since it is able to offer destinations served 6. 9 miles of Class 1 bike path/ pedestrian pathway traversing through the middle of by this project. the City, linking various neighborhoods, commercial centers, parks, and schools.

Destinations can be When completely built out, it will be the major east- west trail connecting the existing in a list form with north- south trails at Lupine Avenue, Split Rock Avenue, and the recently completed potential number of Utah Trail. Other north- south trails are planned at Larea Avenue and Mesquite bike/ ped users Springs Road in the City. On the far western end, the trail connects to the trailhead described. at the Joshua Tree National Park system of hiking trails at Fortynine Palms Canyon.

On the eastern end, the regional channel trail will eventually connect to Utah Trail, providing a Class II bike path to the entrance of Joshua Tree National Park.

This long- term vision began with the recently constructed first segment of the trail in the heart of the City. This section was selected because of its central location, the condition of the channel banks, the abundance of services and recreational features that it connects to, and the disadvantaged community that it serves.

Furthermore, the City and its residents have been working diligently on creating major recreational and cultural attractions in downtown, collectively called Project Phoenix. This project will feature a new Joshua Tree Visitor and Cultural Center offering exhibits on local Native American tribes, a Community Center offering indoor recreational activities including a gymnasium, and a plaza/outdoor event space for street festivals, art shows, concerts, and other social events. The trail provides an easy connection to these attractions. Channel Trail will provide new public access along the flood channel and a pleasant separated trail for both recreation and active transportation that parallels State Route 62. On the west, it will link to other recreational features at the elementary and high school where facilities exist for football, basketball, tennis, and track and field. On the east, it will link via Adobe Road to Veterans Park— a passive park offering a lawn and picnic tables.

Veterans Park is also the location for many civic events— Memorial Day, Veterans Day, and other holiday celebrations. The trail will be a vital connector between these recreational opportunities and highlight the channel' s natural environment. The channel itself is home to desert scrub vegetation scattered naturally throughout its length and functions as a wildlife corridor during its dry times. It serves a vitally important role during the desert monsoon season by collecting and containing flood waters thereby protecting the City' s infrastructure and the lives and property of residents. Future construction phases of the Channel Trail will connect directly to Luckie Park to the east, and Knott' s Sky Park to the south via the City' s trail network.

Describe how this As a Class I bikeway/ pedestrian trail along the banks of the channel, cyclists, project will improve runners, and pedestrians will be completely separated from vehicular traffic. Though cyclist and/ or there is only one local road crossing in the constructed first phase, the majority of pedestrian safety. the 8 roads that cross the 6. 9- mile bike path are low- volume local residential streets.

Where able, site the This is a much safer route than using State Route 62 through the City and number of collisions Downtown area since that road experiences heavy automobile and truck traffic. during an identified Many of the downtown streets do not have completed sidewalks, so this trail timeframe this provides a safe, alternative mode of travel to connect to existing parks and schools. project aims to
address.

Explain the The trail will provide a link via the Split Rock Avenue Class 1 Bike path to the multimodal or transit planned transit center to be located downtown and operated by the Morongo Basin system connectivity Transit Authority. The transit center will offer affordable transportation options to the provided by this disadvantaged or severely disadvantaged community. This new transit center will project. occupy an area between Split Rock Avenue and Desert Queen Avenue one- half block from State Route 62.

Establish the level of Due to the addition of a" project readiness" scoring component for the the project' s bicycle/ pedestrian projects, SBCTA staff suggests that" applicants consider phasing readiness. Include a projects that are not" shovel ready" by first applying for design/ right-of-way to ensure discussion on the the project scores well in that category." This application for funding for the design local participation and right-of-way phases will assure that the project commences within weeks of process that resulted award.
in the identification
and prioritization of
the project.

Has the agency Recently, in May 2023, the City finished the construction of a 100% State- funded delivered past 2000' long segment of the Channel Trail Project. This premier phase of the project projects on was constructed within budget and under strict State guidelines and deadlines. schedule? If yes, Successfully constructing this segment of the trail demonstrated the city' s timely what steps will be ability to obtain the necessary environmental documents from the Department of taken to ensure Fish and Wildlife and the necessary maintenance agreements and the similar results? If no, encroachment permit from the San Bernandino Flood Control District. The first what steps will be phase set the precedent with these regional jurisdictions for timely approvals for taken to prevent a future construction phases.
similar occurrence?
What provisions does The City of Twentynine Palms, though remotely located, is highly efficient in the agency have in providing a full range of in- house services, including maintaining these types of place to ensure the facilities. The City recently constructed a 2000' long segment of the trail with 100% facility will be State funding. As required by the Maintenance Agreement with the County Flood properly maintained? Control District, the landscaped trail is currently being maintained properly with the City' s own Public Works crews.

Describe Project The City is taking a phased, long- term approach to this highest- priority project. It is Readiness anticipated that the project will be constructed in its entirety over several years utilizing multiple funding sources. It is well established that" shovel- ready" projects that are fully designed, cleared environmentally, and can be constructed within a short time after the award, score the highest in the grant funding evaluation process.

Designing and obtaining environmental clearance is not only an efficient way of constructing various phases of a large project, but it also provides" shelf-ready" plans to compete well when future funding opportunities from multiple funding sources become available. The full design of the entire trail is an effective tool to leverage" funds from multiple grant- funded resources for various phases of the project, simultaneously.

Attach Map( s) Channel Trail Iength. jpg 2. 81 MB
2c. Project Vicinity Map copy.jpg 7. 52MB
Non- Motorized Transportation Plan( SBCTA). png 3AMB
Attach Picture( s) IMG_ 3048.jpeg 3. 14MB
IMG_ 3049.jpeg 2. 95MB
Attach Other Community Engagement Plan_ phase 1 15. 18KB constructed. docx
Preliminary Engineering/ Design Cost:

Preliminary 420, 750
Engineering/ Design
Cost

Right of Way Cost Not Applicable at this time
Project Con Cost Not Applicable at this time
Local Match 74, 250
LTF, Article 3 Funds $ 420, 750
Requested
Total Project Cost $ 495, 000
Project Evaluation
Criteria
Overall Quality of Application: 15 pts
Project Need and Purpose: 25 pts
Project Readiness: 15 pts
Cost Effectiveness: 15 pts
Timeliness of Prior Project Completion: 5 pts
Matching Funds: 25 pts
have read the 1) the total award amount will be rescinded if the agency fails to submit a Claim Form guidelines and and Authorizing Resolution within SIX months of award notification, and understand:* r ( 2) Failure to demonstrate progress, measured by expenditure of funds, within ONE year of award notification will result in an automatic recission of funding, and 3) Failure to secure a construction contract( if included in the scope of work) within THREE years of award notification will result in an automatic recission of funding.

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Community Engagement Summary – Provide a detailed overview of the project’s community engagement strategy. The plan should include past, current, and future activities to engage the community in the project planning, design, and implementation process.

The City of Twentynine Palms is the home of Joshua Tree National Park Headquarters and the north entrance to the Park.

We host the Marine Corps Air Ground Combat Center, which is the world’ s largest Marine Corps training base. The City is an active location for outdoor recreation and exercise and providing a trail that connects throughout the City is a vital part of resident and visitor health and well-being. The City works directly with community- based organizations, agencies, adults, and youth, to develop recreational amenities and programs that are tailored to the needs of our community. 19% of the City’s population are children under the age of 10, which is much higher than the average California percentage of 13%. Along with the overall poverty and unemployment rates exceeding 22%, CalEnviroScreen 3.0 cardiovascular rate at 94 and an ozone rating of 91, access to trails for biking, walking and running is critical for all residents, especially our youth.

With a population of over 26,000 residents, the City of Twentynine Palms is a tight- knit community and our residents are generally engaged in community events. They actively participate in meetings and activities that help decide on City amenities, locations and programming that affect residents as a whole.

The City has held two evening meetings discussing the Project amenities and location allowing residents to provide input.

Additionally, the Project has been on the City Council agenda three times allowing a time for public comment by those in attendance. City staff works closely with numerous nonprofit groups that participate and advocate for outdoor recreational activities. Hiking, walking, running and biking are core activities in our community and we collectively make decisions on City amenities by seeking input from local health and wellness groups as well as the Twentynine Palms Marine Corps Base.

Beginning in 2016, the City, along with the Marine Corps Base and Joshua Tree National Park, hosts the annual “ Joshua Tree 55” Park to Park Bike Ride, which is a cycling event from Knott’s Sky Park to the Joshua Tree National Park. The City works very closely with the Twentynine Palms Marine Corps Base through events and sponsorships. They sponsor multiple exercise- related events in the City annually, and Corps members utilize City amenities daily as part of their exercise routine.

The installation, location and amenities for the Project has been substantially based on input and feedback from the Marine Corps Base.

The City of Twentynine Palms has a deeply rooted art culture. Throughout the City, there are art galleries and public murals and we host multiple community art events every year. As a continuation of this ingrained artistic backdrop, the trail will be designed with various forms of artwork throughout the City. The City will team up with local art groups to design and implement the artistic portion of the Project through community engagement.

Once Project funds have been secured, the City will host landscaping, signage and beautification events for which residents will be able to participate. The Project completion will be celebrated with a ribbon- cutting event hosted by the City. The event will include entertainment, food vendors, and health and wellness speakers. We will use this event to promote other special events and activities involving the new trail so that all residents can have the opportunity to experience the enjoyment and benefits of outdoor recreation. We will continue to work with our community partners to create opportunities to overcome barriers that may prevent access to the benefits that outdoor recreation provides. Integrating the trail along with components of City-sponsored and other organization programs will help kids and adults make healthy choices in their diets, activities, behaviors, and lifestyles. The installation of the trail will help give people easy access to high quality outdoor recreation and exercise so that residents can either continue or begin to integrate healthy changes into their lives.

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Apr 23 2024
SUBJECT: SBCTA Resolution for City-Wide Channel Trail Class I Bike Path Project.

RECOMMENDATION:

The City Council adopt:

Resolution 24-___, "A Resolution of the City Council of the City of Twentynine Palms, California, Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority for Transportation Development Act Article 3 Funds for the City-Wide Channel Trail Class 1 Bike Path Project".

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• RESOLUTION NO
•
Art3_TwentyninePalms_FY23_BikePed_Channel
Trail_App copy
BACKGROUND:

In June 2023, the Engineering Department submitted a grant application for Transportation Development Act (TDA) Article 3 funds. The purpose of the funding is for Bicycle and Pedestrian Facilities. The application that was submitted requested design funding for the "City-Wide Channel Trail Class Project". Attached is a copy of the application for additional details.

On October 4, 2023, the Engineering Department received notification from SBCTA that the project was approved for funding for $420,750. A minimum local match of $74,250 is required for this project.

The Transportation Development Act (TDA) Article 3 grant guidelines require that the attached Authorizing Resolution be adopted by the City Council. The Resolution authorizes the filing of the Claim Form, and the submission of Reimbursement Request Form(s), and designates the individuals authorized to certify project completion (Authorized Agent), The Resolution authorizes the City Engineer as the Authorized Agent to certify the project's completion.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City could choose not to accept the grant.

FISCAL IMPACT:

There is no fiscal impact to the City to adopt the attached Resolution. The adoption of the Authorizing Resolution allows the City to proceed with the project to receive $420,750 of TDA Article 3 funds. The project requires a match of $74,250.

RESOLUTION NO. 2024-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALM CALIFORNIA, AUTHORIZING SUBMITTAL OF

A CLAIM TO THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY FOR TRANSPORTATION
DEVELOPMENT ACT ARTICLE 3 FUNDS FOR CITY-WIDE
CHANNEL TRAIL CLASS 1 BIKEPATH PROJECT
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and
WHEREAS, SBCTA awarded the City of Twentynine Palms TDA Article 3 grant funds in the amount of $420,750.00 for development of the City-Wide Channel Trail Class I Bike Path Project, (Design Phase), within the City of Twentynine Palms jurisdiction through a competitive “Call for Projects”; and
WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the City of Twentynine Palms to submit a claim and request(s) for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council, and

WHEREAS, the City-Wide Channel Trail Class I Bike Path Project (Design Phase) award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and
WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and
WHEREAS, City Engineer, or their designee, is authorized to certify project completion, and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the City-Wide Channel Trail Class I Bike Path Project, (Design Phase), in the amount of $420,750.00 and that the City Engineer is authorized to certify project completion.

APPROVED and ADOPTED this 23rd day of April 2024.
_________________________________
MAYOR
ATTEST: (SEAL)
___________________________________

CITY CLERK

TDA Article 3 Grant Application: Bicycle & Pedestrian Project Project Title
Priority if Submitting
Multiple Applications
Project Type
Project Length
City-Wide Channel Trail Project
Installation of new facility

6.9 Miles
Local Match Funding Measure I - Local
Sources
Contact Name Richard Pedersen, City Engineer
Agency Twentynine Palms
Contact Phone 760-801-7615
Contact Email richardpedersen@caa. inc
Project Need & Purpose
Clear project
description
Provide data to
The construction of a 6.9 mile long, 12' wide, PCC Class 1 bikeway. Limits: Trail head of the Fortynine Palms Canyon Trail, then easterly along the flood control channel to channel' s east terminus at Bagdad Hwy.

The City recently constructed a 2000' segment of the trail in Spring 2023. The first of support potential use its kind in the entire city. This segment proves the statement that if you build it they of the bicycle or
sidewalk facility
will come. Though the City has not completed an official " traffic count", city staff has witnessed many residents utilizing this segment, even though it is new. As other segments are constructed to tie into this premier facility, additional neighborhoods will have access to the hub of the City's activities.

Describe how project The Twentynine Palms Flood Channel Trail is listed as the number one priority in the is situated in the Morongo Basin Active Transportation Plan recently completed in 2019. This plan regional system.

Explain how this
project is consistent
with a Regional
Transportation Plan
orSBCTA's
Countywide Active
Transportation Plan,
if applicable.
was created by the incorporated cities of Twentynine Palms and Yucca Valley, and unincorporated areas such as Joshua Tree and Morongo Valley, with the support of San Bernardino County Transportation Authority. This plan was presented to the Planning Commission and City Council at public hearings for acceptance. In addition, the channel trail was part of the City of Twentynine Palms Community Trails Master Plan completed and adopted by the City in 2014 after much public input. The trail was also part of the City's Parks and Recreation Master Plan ( 2008) and the City's General Plan ( 2012).

Outline the This trail was selected as the number one priority in the plan since it is able to offer destinations served 6. 9 miles of Class 1 bike path/ pedestrian pathway traversing through the middle of by this project. the City, linking various neighborhoods, commercial centers, parks, and schools.

Destinations can be When completely built out, it will be the major east- west trail connecting the existing in a list form with north- south trails at Lupine Avenue, Split Rock Avenue, and the recently completed potential number of Utah Trail. Other north- south trails are planned at Larea Avenue and Mesquite bike/ ped users Springs Road in the City. On the far western end, the trail connects to the trailhead described. at the Joshua Tree National Park system of hiking trails at Fortynine Palms Canyon.

On the eastern end, the regional channel trail will eventually connect to Utah Trail, providing a Class II bike path to the entrance of Joshua Tree National Park.

This long- term vision began with the recently constructed first segment of the trail in the heart of the City. This section was selected because of its central location, the condition of the channel banks, the abundance of services and recreational features that it connects to, and the disadvantaged community that it serves.

Furthermore, the City and its residents have been working diligently on creating major recreational and cultural attractions in downtown, collectively called Project Phoenix. This project will feature a new Joshua Tree Visitor and Cultural Center offering exhibits on local Native American tribes, a Community Center offering indoor recreational activities including a gymnasium, and a plaza/outdoor event space for street festivals, art shows, concerts, and other social events. The trail provides an easy connection to these attractions. Channel Trail will provide new public access along the flood channel and a pleasant separated trail for both recreation and active transportation that parallels State Route 62. On the west, it will link to other recreational features at the elementary and high school where facilities exist for football, basketball, tennis, and track and field. On the east, it will link via Adobe Road to Veterans Park— a passive park offering a lawn and picnic tables.

Veterans Park is also the location for many civic events— Memorial Day, Veterans Day, and other holiday celebrations. The trail will be a vital connector between these recreational opportunities and highlight the channel' s natural environment. The channel itself is home to desert scrub vegetation scattered naturally throughout its length and functions as a wildlife corridor during its dry times. It serves a vitally important role during the desert monsoon season by collecting and containing flood waters thereby protecting the City' s infrastructure and the lives and property of residents. Future construction phases of the Channel Trail will connect directly to Luckie Park to the east, and Knott' s Sky Park to the south via the City' s trail network.

Describe how this As a Class I bikeway/ pedestrian trail along the banks of the channel, cyclists, project will improve runners, and pedestrians will be completely separated from vehicular traffic. Though cyclist and/ or there is only one local road crossing in the constructed first phase, the majority of pedestrian safety. the 8 roads that cross the 6. 9- mile bike path are low- volume local residential streets.

Where able, site the This is a much safer route than using State Route 62 through the City and number of collisions Downtown area since that road experiences heavy automobile and truck traffic. during an identified Many of the downtown streets do not have completed sidewalks, so this trail timeframe this provides a safe, alternative mode of travel to connect to existing parks and schools. project aims to
address.

Explain the The trail will provide a link via the Split Rock Avenue Class 1 Bike path to the multimodal or transit planned transit center to be located downtown and operated by the Morongo Basin system connectivity Transit Authority. The transit center will offer affordable transportation options to the provided by this disadvantaged or severely disadvantaged community. This new transit center will project. occupy an area between Split Rock Avenue and Desert Queen Avenue one- half block from State Route 62.

Establish the level of Due to the addition of a" project readiness" scoring component for the the project' s bicycle/ pedestrian projects, SBCTA staff suggests that" applicants consider phasing readiness. Include a projects that are not" shovel ready" by first applying for design/ right-of-way to ensure discussion on the the project scores well in that category." This application for funding for the design local participation and right-of-way phases will assure that the project commences within weeks of process that resulted award.
in the identification
and prioritization of
the project.

Has the agency Recently, in May 2023, the City finished the construction of a 100% State- funded delivered past 2000' long segment of the Channel Trail Project. This premier phase of the project projects on was constructed within budget and under strict State guidelines and deadlines. schedule? If yes, Successfully constructing this segment of the trail demonstrated the city' s timely what steps will be ability to obtain the necessary environmental documents from the Department of taken to ensure Fish and Wildlife and the necessary maintenance agreements and the similar results? If no, encroachment permit from the San Bernandino Flood Control District. The first what steps will be phase set the precedent with these regional jurisdictions for timely approvals for taken to prevent a future construction phases.
similar occurrence?
What provisions does The City of Twentynine Palms, though remotely located, is highly efficient in the agency have in providing a full range of in- house services, including maintaining these types of place to ensure the facilities. The City recently constructed a 2000' long segment of the trail with 100% facility will be State funding. As required by the Maintenance Agreement with the County Flood properly maintained? Control District, the landscaped trail is currently being maintained properly with the City' s own Public Works crews.

Describe Project The City is taking a phased, long- term approach to this highest- priority project. It is Readiness anticipated that the project will be constructed in its entirety over several years utilizing multiple funding sources. It is well established that" shovel- ready" projects that are fully designed, cleared environmentally, and can be constructed within a short time after the award, score the highest in the grant funding evaluation process.

Designing and obtaining environmental clearance is not only an efficient way of constructing various phases of a large project, but it also provides" shelf-ready" plans to compete well when future funding opportunities from multiple funding sources become available. The full design of the entire trail is an effective tool to leverage" funds from multiple grant- funded resources for various phases of the project, simultaneously.

Attach Map( s) Channel Trail Iength. jpg 2. 81 MB
2c. Project Vicinity Map copy.jpg 7. 52MB
Non- Motorized Transportation Plan( SBCTA). png 3AMB
Attach Picture( s) IMG_ 3048.jpeg 3. 14MB
IMG_ 3049.jpeg 2. 95MB
Attach Other Community Engagement Plan_ phase 1 15. 18KB constructed. docx
Preliminary Engineering/ Design Cost:

Preliminary 420, 750
Engineering/ Design
Cost

Right of Way Cost Not Applicable at this time
Project Con Cost Not Applicable at this time
Local Match 74, 250
LTF, Article 3 Funds $ 420, 750
Requested
Total Project Cost $ 495, 000
Project Evaluation
Criteria
Overall Quality of Application: 15 pts
Project Need and Purpose: 25 pts
Project Readiness: 15 pts
Cost Effectiveness: 15 pts
Timeliness of Prior Project Completion: 5 pts
Matching Funds: 25 pts
have read the 1) the total award amount will be rescinded if the agency fails to submit a Claim Form guidelines and and Authorizing Resolution within SIX months of award notification, and understand:* r ( 2) Failure to demonstrate progress, measured by expenditure of funds, within ONE year of award notification will result in an automatic recission of funding, and 3) Failure to secure a construction contract( if included in the scope of work) within THREE years of award notification will result in an automatic recission of funding.

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Community Engagement Summary – Provide a detailed overview of the project’s community engagement strategy. The plan should include past, current, and future activities to engage the community in the project planning, design, and implementation process.

The City of Twentynine Palms is the home of Joshua Tree National Park Headquarters and the north entrance to the Park.

We host the Marine Corps Air Ground Combat Center, which is the world’ s largest Marine Corps training base. The City is an active location for outdoor recreation and exercise and providing a trail that connects throughout the City is a vital part of resident and visitor health and well-being. The City works directly with community- based organizations, agencies, adults, and youth, to develop recreational amenities and programs that are tailored to the needs of our community. 19% of the City’s population are children under the age of 10, which is much higher than the average California percentage of 13%. Along with the overall poverty and unemployment rates exceeding 22%, CalEnviroScreen 3.0 cardiovascular rate at 94 and an ozone rating of 91, access to trails for biking, walking and running is critical for all residents, especially our youth.

With a population of over 26,000 residents, the City of Twentynine Palms is a tight- knit community and our residents are generally engaged in community events. They actively participate in meetings and activities that help decide on City amenities, locations and programming that affect residents as a whole.

The City has held two evening meetings discussing the Project amenities and location allowing residents to provide input.

Additionally, the Project has been on the City Council agenda three times allowing a time for public comment by those in attendance. City staff works closely with numerous nonprofit groups that participate and advocate for outdoor recreational activities. Hiking, walking, running and biking are core activities in our community and we collectively make decisions on City amenities by seeking input from local health and wellness groups as well as the Twentynine Palms Marine Corps Base.

Beginning in 2016, the City, along with the Marine Corps Base and Joshua Tree National Park, hosts the annual “ Joshua Tree 55” Park to Park Bike Ride, which is a cycling event from Knott’s Sky Park to the Joshua Tree National Park. The City works very closely with the Twentynine Palms Marine Corps Base through events and sponsorships. They sponsor multiple exercise- related events in the City annually, and Corps members utilize City amenities daily as part of their exercise routine.

The installation, location and amenities for the Project has been substantially based on input and feedback from the Marine Corps Base.

The City of Twentynine Palms has a deeply rooted art culture. Throughout the City, there are art galleries and public murals and we host multiple community art events every year. As a continuation of this ingrained artistic backdrop, the trail will be designed with various forms of artwork throughout the City. The City will team up with local art groups to design and implement the artistic portion of the Project through community engagement.

Once Project funds have been secured, the City will host landscaping, signage and beautification events for which residents will be able to participate. The Project completion will be celebrated with a ribbon- cutting event hosted by the City. The event will include entertainment, food vendors, and health and wellness speakers. We will use this event to promote other special events and activities involving the new trail so that all residents can have the opportunity to experience the enjoyment and benefits of outdoor recreation. We will continue to work with our community partners to create opportunities to overcome barriers that may prevent access to the benefits that outdoor recreation provides. Integrating the trail along with components of City-sponsored and other organization programs will help kids and adults make healthy choices in their diets, activities, behaviors, and lifestyles. The installation of the trail will help give people easy access to high quality outdoor recreation and exercise so that residents can either continue or begin to integrate healthy changes into their lives.