Agenda — Twentynine Palms City Council, January 14, 2025 (part 1 of 2)

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, January 14, 2025
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, January 14, 2025, 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 - Rev. Don Thursby, Little Church of the Desert.

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. State of the Base Address by Brigadier General Mark H. Clingan.

2. Presentation by Public Arts Advisory Committee (PAAC) of the Artist of the Year Award.

3. Presentation to Feathers and Fur Wildlife Rehab Team and Morongo Basin ARCH 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

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

5. Approval of Minutes of the City Council Meeting Held on City Council - Regular Meeting - 10 Dec 2024 - Minutes - Pdf City Council - Regular Meeting - 12 Nov 2024 - Minutes - Pdf 5 - 16

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6. Approval of Warrant Register Totaling $1,331,140.63
Approval of Warrant Register Totaling $1,331,140.63 - Pdf 17 - 21

7. Material Acquisition for the Road Overlay from Blue Diamond with the SB 1 Funds.

RECOMMENDATION: The City Council approve the purchase of materials for road overlay from Blue Diamond with SB1 funds to repair/maintain the attached list of streets in the amount not to exceed $687,400.

Material Acquisition for the Road Overlay from Blue Diamond with the SB 1 Funds. - Pdf 23 - 27

8. Award an Agreement for Design Services for the SR 62 Phase 2B Project.

RECOMMENDATION:

1. Award a Professional Services Agreement to David Evans and Associates for the SR 62 Phase 2B Project”, subject to “Approval as to Form” by the City Attorney and “Approval as to Content” by the City Manager in the amount of $526,083.

2. Authorize the City Manager to execute all documents necessary to enter into the Agreement including any necessary amendments.

Award an Agreement for Design Services for the SR 62 Phase 2B Project. - Pdf 29 - 89

9. Award an Agreement for Design Services for the Hatch Road and Sullivan Road Bike Path Project.

RECOMMENDATION:

1. Award a contract to HRGreen Pacific for the “Hatch Road and Sullivan Road Bike Path Project” subject to “Approval as to Form” by the City Attorney and “Approval as to Content” by the City Manager in the amount of $518,930.50.

2. Authorize the City Manager to execute all documents necessary to enter into the Agreement including any necessary amendments.

Award an Agreement for Design Services for the Hatch Road and Sullivan Road Bike Path Project. - Pdf
91 - 116

10. Split Rock Avenue Bridge Project- Construction Management Services Contract.

RECOMMENDATION:

That the City Council:

1. Award an Agreement for Construction Management Services for the “Split Rock Avenue Bridge Project” to Parsons Transportation Group for a total contract amount of $929,755.10;

2. Authorize the City Manager to execute all documents necessary to enter into the Agreement including any necessary amendments.

Split Rock Avenue Bridge Project- Construction Management Services Contract. - Pdf 117 - 149

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING

11. Development Code Amendment - Mobile home Parks and Special Occupancy Parks.

RECOMMENDATION: The City Council return the item to the Planning Commission for reconsideration of the recommended changes.

Development Code Amendment - Mobile home Parks and Special Occupancy Parks. - Pdf
151 - 172

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DISCUSSION AND POTENTIAL ACTION ITEMS

12. Tourism Business Improvement District (TBID) Advisory Board Appointment.

RECOMMENDATION: The TBID Subcommittee (Mayor Bilderain) will make a recommendation to the City Council for the appointment to the TBID Advisory Board.

Tourism Business Improvement District (TBID) Advisory Board Appointment. - Pdf 173 - 174

13. Public Arts Advisory Appointments.

RECOMMENDATION: The City Council appoint Jenelle Angles and Rita Lilly as new standing members of the Public Arts Advisory Committee, and to re-appoint Paul Razo for another term as a standing member of the Public Arts Advisory Committee.

Public Arts Advisory Appointments. - Pdf
175 - 181

14. City Council Regional Organizational Assignments.

RECOMMENDATION: The City Council review Council assignments for Regional Organizations and make appointments as appropriate.

City Council Regional Organizational Assignments. - Pdf 183 - 184

FUTURE COUNCIL INITIATED ITEMS

1. Revisit allocated funds for the portable showers and Navigation Center.

2. Discussion on the General Plan Update.

3. Discussion surrounding (i) costs to maintain dirt roads verses paved roads; (ii) what is a City maintained dirt road, a non-maintained dirt road, a road that has been accepted by the City, a road that is private and not accepted by the City; (iii) the City's ability and liability associated with the City periodically maintaining non-maintained roads, and (iv) ways residents can bring non-maintained and non-accepted dirt roads to paved-rural-road standards ready for acceptance into the City's accepted-and-maintained road list.

4. Shade structures around Freedom Plaza and a possible art fixture with "Freedom Plaza" announcing the location.

5. A review and discussion of fees as it relates to Site Plan Reviews for Barber Shops in existing buildings.

6. Discussion on abandoned homes in the community.

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

ADJOURN TO CLOSED SESSION

CLOSED SESSION
A “Closed” Session of the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California.

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code Section 54956.9(d)2): (2 cases)

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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 accommodation 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., January 9, 2025.

Cindy Villescas CMC, City Clerk Time/Date

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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
December 10, 2024
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:02 p.m.

Pledge of Allegiance - Mr. Steve Reyes, San Bernardino County Board of Supervisors Representative, led the Pledge of Allegiance.

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

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

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 to our website and clicking on the "Meeting Agendas" link.

Mayor Bilderain announced that the December 24, 2024, regularly scheduled meeting of the City Council will be canceled due to the Holidays. The next regular meeting will be held on Tuesday, January 14, 2024.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to the Twentynine Palms High School Volleyball Team for Their Participation in the Cash for Trash and Recycling Program.

Mayor Pro Tem Klink presented checks in the amount of $300 each from Burrtec Waste and Recycling and the City of Twentynine Palms to the Twentynine Palms High School Volleyball Team for their participation in the Cash for Trash and Recycling Program.

2. Presentation of Mayor's Employee of the Year and Mayor's Recognition Award.

Mayor Bilderain presented Craig Stacey, Public Works Superintendent, with the Employee of the Year Award and Mrs. Christina Dozer with the Citizen of the Year Award.

3. Presentation of the State of the City Address by Mayor Bilderain.

Mayor Bilderain gave his outgoing comments of the past year and then introduced the State of the City Address.

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City Council - Regular Meeting
December 10, 2024

4. Presentation to Mayor Pro Tem Klink.

Representatives from Congressman Obernolte's office (Corrine Mora), from Board of Supervisors Dawn Rowe's office (Steve Reyes) and Senator Shannon Grove's office (Octavious Scott), presented Mayor Pro Tem Klink Proclamations and Resolutions honoring Mayor Pro Tem Klink and thanking him for his 20-year service to the City Council. Mayor Bilderain then presented him with a plaque on behalf of the City. Mayor Pro Tem Klink gave an outgoing speech, thanking his wife and family, the City Council, Staff, and the community for all their support throughout his time on the City Council. He finished his speech by singing "I Wish you a Merry Christmas" to the audience. Mayor Bilderain presented his last gift which was a street sign that said "Klink Way". Mayor Bilderain then presented his wife Tory with a bouquet of flowers on behalf of the City. Mayor Bilderain presented Mayor Pro Tem Klink with a flag in a shadow box. This flag was flown at City Hall the day prior and mounted in a shadow box.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

In the interest of time, there will be no Council Comments and Reports of Meetings attended. Any comments from the Councilmembers are added here.

Councilmember Scott - He attended the Employee Recognition Luncheon and the Holiday Festival at Freedom Plaza. He compliments the Staff on a great job they did.

The other Councilmembers had nothing to report.

CONSENT CALENDAR

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

6. Approval of Warrant Register Totaling $993,531.53.

7. CDBG Funding Prioritization Fiscal Year 2025/2026.

RECOMMENDATION: The City Council approve and prioritize the allocation of CDBG funds for Fiscal Year 2025/2026, for the City's parking lot construction project at 74325 Joe Davis Drive (Luckie Park Activity Center).

8. Municipal Election Certification.

RECOMMENDATION: The City Council adopt Resolution No. 24-24 confirming and certifying the November 5, 2024, election results.

9. FLOCK Safety Camera System.

RECOMMENDATION: The City Council authorize the City Manager to execute the FLOCK Camera System Master Service Agreement and the approval of a 2-year (2025 through 2026) FLOCK Safety contract on behalf of the Law Enforcement Service Agreement with the San Bernardino County Sheriff's Department. The two-year agreement shall consist of a first-year cost of $130,200 which will include installation, permitting, hardware, and connectivity. An annually recurring second-year cost of $102,300, will bring the total two-year contract to $232,500. There will be no fiscal impact to the City of Twentynine Palms as all incurred costs will be paid through the Local Law Enforcement Supplemental Account (LLESA).

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

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City Council - Regular Meeting
December 10, 2024
The above motion was carried by the following:

ROLL CALL VOTE:

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

SWEARING IN OF NEWLY ELECTED COUNCILMEMBERS
Administer the Oath to Newly Elected Councilmembers
Steven Bilderain
April Ramirez
City Clerk Villescas administered the oath to incoming Councilmember April Ramirez and reelected Councilmember Steven Bilderain.

A short recess took place for the "changing of the guard."

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Selection of Mayor and Mayor Pro Tem.

RECOMMENDATION: The City Council select the Mayor and Mayor Pro Tem.

City Attorney Muñoz presented the Staff Report and provided an explanation of past practice of selecting the next Mayor and Mayor Pro Tem and the options available now.

Thomas Ingram, Twentynine Palms, commented that he feels the City Council has not gone about selecting a Mayor and Mayor Pro Tem correctly and should be done correctly.

The City Attorney replied with the process, explaining that this is not something new as Mr. Ingram stated.

Councilmember Wright explained that when he first came on the Council, there was a similar situation. At that time, the Councilmember that was next in line to become the Mayor felt he was not ready to fulfill that position, and nominations were taken at that time.

City Clerk Villescas asked for nominations for Mayor. Councilmember Wright nominated Mayor Bilderain for another year. Councilmember Scott nominated Councilmember Mintz. Councilmember Mintz commented that he was fine with Mayor Bilderain serving another year.

ACTION: A motion was made by Councilmember Wright and seconded by Councilmember Mintz to allow Mayor Bilderain to Serve as Mayor another year.

The above motion was carried by the following:

ROLL CALL VOTE:

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

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City Council - Regular Meeting
December 10, 2024
Mayor Bilderain asked for nominations for Mayor Pro Tem. Councilmember Wright nominated Councilmember Mintz for Mayor Pro Tem.

ACTION: A motion was made by Councilmember Wright and seconded by Councilmember Ramirez to have Councilmember Mintz serve as Mayor Pro Tem.

The above motion was carried by the following:

ROLL CALL VOTE:

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

FUTURE COUNCIL INITIATED ITEMS

1. Revisit allocated funds for the portable showers and Navigation Center.

2. Discussion on the General Plan Update.

4. Shade structures around Freedom Plaza and a possible art fixture with "Freedom Plaza" announcing the location.

5. A review and discussion of fees as it relates to Site Plan Reviews for Barber Shops in existing buildings.

6. Discussion on increasing the City Council compensation.

PUBLIC COMMENTS
LeeAnn Clarke, Twentynine Palms Ministerial Association, thanked the City Council for all their hard work this past year.

She congratulated Joel Klink and thanked him for his service for the past 20 years. She thanked everyone that attended the Mayor's Prayer Breakfast. She thanked everyone that attended the Thanksgiving Service at Freedom Plaza and thanked City Staff for their help and support this past year. On behalf of Action Council 29, Ms. Clarke thanked Mayor Bilderain and Mayor Pro Tem Klink for attending the unveiling of the new mural at Ace Hardware.

Thomas Ingram, Twentynine Palms, spoke regarding the entertainment permits and the proposed changes to the requirements and regulations.

Steve Friedley, Twentynine Palms, spoke regarding the funding that was given to Molding Hearts to assist them in housing the Homeless. He asked if anything has been done yet because he still sees homeless out there.

City Manager James explained that City Staff has been working on finalizing the contract with Molding Hearts for the past 30 days and it was completed and signed three hours prior to the meeting, so a check request will be submitted and sent to Molding Hearts.

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City Council - Regular Meeting
December 10, 2024

CITY MANAGER UPDATE
City Manager James provided the following comments: he thanked Mayor Pro Tem Klink's sacrifice and service over the last 20 years, he thanked his wife Tory for the sacrifice and service she and her family also endured while Joel was on the Council, he thanked the candidates that ran, he recognized Craig Stacey for being chosen as the Mayor's Employee of the Year and Christina Benton, who was chosen as the City Manager's Employee of the Year, and he wished everyone Happy Holidays.

Mayor Bilderain thanked the City Council for their support this past year and coming into the next year and commented that he knows he will continue to have their full support, and he thanked the community for their support.

ADJOURNMENT - Mayor Bilderain adjourned the meeting in honor of Mayor Pro Tem Klink's service to the community and adjourned the next meeting to January 14, 2025.

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

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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
November 12, 2024
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:01 p.m.

Pledge of Allegiance - Youth Councilmember Thomas Elkins led the Pledge of Allegiance.

Invocation - Rev. Casey Orndorf, First Assembly of God Church, gave the invocation.

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

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

1. Presentation by Reach Out Yucca Valley on current projects.

Ms. Carrie Kish, Program Coordinator, Ms. Victoria Boardan, Outreach Specialist, and Mr. Reydi Santos, Environmental Protection and Outreach Coordinator provided an update on the various programs and current projects they are working on in Twentynine Palms.

2. Recap of "Dine in 29" and Restaurant Week by Terence Latimer, organizer.

Mr. Terrence Lattimer provided a recap of what took place during the "Dine in 29" event that took place in September. He also thanked the City Council for their support in making this happen.

3. Presentation on the Upcoming Creche Festival by Ms. Suzy Dick.

Ms. Suzy Dick provided information on the upcoming annual Creche Festival.

4. Presentation of the City's Annual Comprehensive Financial Report (ACFR) for FY 2023-24.

Ms. Brianna Schultz, Rogers, Anderson, Malody and Scott (RAMS) presented the City's Annual Comprehensive Financial Report.

Veno Nathraj, Twentynine Palms, asked for a number of 501 (c) (3)s that received funding from the City in 2024 and what was the dollar amount. He also asked if the CPAs are conducting a checks and balance audit or a forensic audit. City Manager James commented that he would send these questions to the auditor. Ms. Schultz replied that the audit is absolutely not a forensic audit. Mr. Nathraj commented that in the future a forensic audit should be conducted.

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City Council - Regular Meeting
November 12, 2024

5. Single Audit Report on Federal Awards for Fiscal Year (FY) 2023-24.

City Manager James gave a Power Point Presentation of the Single Audit Report for Fiscal Year 2023-24.

6. Presentation by the San Bernardino County Sheriff's Department on the new Flock Camera System.

Lt. Al Huff, San Bernardino County Sheriff's Department, presented information on the new Flock Camera System. He then passed the floor to Mr. Jesse Mund, Account Manager with Flock, who provided more information on the system. He will also be assisting Twentynine Palms and Yucca Valley with getting this system operational in our community.

Lt. Huff then provided a Power Point presentation on Innovation and the benefits of having this system.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott had nothing to report.

Councilmember Wright mentioned that he voted, he attended a Noah's Ark party on Halloween at the Gospel Fellowship Church, the Lutheran Church's Social Services Gala, and he mentioned the Warhawks are getting ready for playoffs. He wished Marines a Happy Marine Corps Birthday and wished all Veterans a Happy Veterans Day.

Councilmember Mintz mentioned that he attended the Marine Corps Birthday pageant, the Marine Corps Ball, the Halloween Trunk, or Treat, the MDAQMD meeting and he substituted for Mayor Pro Tem Klink and assisted the 29 Palms Food Pantry by stocking shelves, as Mayor Pro Tem Klink has an injury and cannot assist at the moment. He wished all Marines a Happy Birthday and Happy Veterans Day to all Veterans.

Mayor Pro Tem Klink commented that he voted as well, he attended the SBCTA meeting in San Bernardino and the Marine Corps Ball. He congratulated Mayor Bilderain for being reelected and congratulated Ms. April Ramirez for winning the election for his seat in District 2.

Mayor Bilderain wished all Veterans a Happy Veterans Day, Happy Birthday to all Marines, Happy Birthday to his oldest daughter and Happy 37th Birthday to the City. He mentioned that he attended some meetings with constituents, an audit meeting, and met with some other organizations, the Trunk or Treat, the Battle of the Bell, the Birthday Pageant on Base, the Marine Corps Ball, three cake cutting ceremonies on the Marine Corps Birthday and the Veterans Tribute in Yucca Valley.

CONSENT CALENDAR

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

8. Approval of Minutes of the City Council Meeting Held on September 24, 2024, and October 22, 2024.

9. Approval of Warrant Register Totaling $919,200.54.

10. Modify the Theatre 29 License Agreement to Allow the City to Assume Responsibility for Routine Maintenance and Minor Repairs of the Heating, Ventilation, and Air Conditioning Systems.

RECOMMENDATION: The City Council authorize the City Manager to start fragment work with the City Attorney to amend the Theatre facility licensing agreement transferring responsibility for the routine maintenance and minor repairs to the A/C system from the Theatre to the City and authorize the City Manager to execute the amended Theatre facility license agreement.

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City Council - Regular Meeting
November 12, 2024

11. Award the Cholla Avenue Widening Project.

RECOMMENDATION: The City Council:

1. Adopt the project design represented by the Plans and Specifications for the Cholla Avenue Widening Project.

2. Award the contract for the “Cholla Avenue Project” to Universal Construction Inc, for the amount of $488,370 and authorize a 10% contingency of $48,837 for a total contract amount of $537,207.

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

12. Memorandum of Understanding (MOU) with the Community Leaning Equipping Project Inc. (CLEP) RECOMMENDATION: The City Council approve the Memorandum of Understanding with the Community Learning Equipping Project Inc. (CLEP), otherwise known as the "the Hope Center". This organization is the non-profit branch of the Sanctuary Church.

Councilmember Scott asked to remove item #12 from Consent for discussion.

Mayor Bilderain mentioned that two emails were received to remove #12.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Wright to approve the Consent Calendar as submitted, minus item #12.

The above motion was carried by the following:

ROLL CALL VOTE:

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

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

13. Memorandum of Understanding (MOU) with the Community Leaning Equipping Project Inc. (CLEP).

RECOMMENDATION: The City Council approve the Memorandum of Understanding with the Community Learning Equipping Project Inc. (CLEP), otherwise known as the "the Hope Center". This organization is the nonprofit branch of the Sanctuary Church.

City Manager James presented the Staff Report.

Councilmember Scott thanked the Staff for all their hard work pushing this grant through. He feels this will be very helpful to our community if we are awarded the grant.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Scott to approve the Memorandum of Understanding with the Community Learning Equipping Project Inc. (CLEP), otherwise known as the "the Hope Center". This organization is the non-profit branch of the Sanctuary Church.

The above motion was carried by the following:

ROLL CALL VOTE:

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

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City Council - Regular Meeting
November 12, 2024

PUBLIC HEARING

14. Adopt Resolution 24-23 Confirming the Costs of Abating a Vacant Parcel APN: 0624-161-19-0000, Full of Trash, Debris, Abandoned Motorhome, an Illegal Dumping Ground that was Declared a Public Nuisance and Cleaned under the Direction of the Planning Commission.

RECOMMENDATION: The City Council confirm the cost of $17,976.68 for the abatement of the property. The City Council to direct the property owner to pay the confirmed cost of abatement within ten (10) days following the Public Hearing and/or the Code Enforcment Division would be directed to record the confirmed cost of abatement as a Special Assessment against the property.

Community Development Director Gardner (Director Gardner) presented the Staff Report.

Mayor Bilderain opened the Public Hearing.

Having no requests to speak, Mayor Bilderain closed the Public Hearing.

ACTION: A motion was made by Mayor Pro Tem Klink, seconded by Councilmember Wright to have the City Council confirm the cost of $17,976.68 for the abatement of the property. The City Council direct the property owner to pay the confirmed cost of abatement within ten (10) days following the Public Hearing and/or the Code Enforcement Division would be directed to record the confirmed cost of abatement as a Special Assessment against the property.

The above motion was carried by the following:

ROLL CALL VOTE:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

15. Molding Hearts' Proposal to Provide Housing and Rehabilitative Services for Unhoused Twentynine Palms Residents.

RECOMMENDATION: The City Council authorize the City Manager to execute the Molding Hearts' proposal to provide housing and rehabilitative services for unhoused Twentynine Palms residents.

City Manager James provided a little background and then passed the floor to Ms. Laquita Johnson, CEO of Molding Hearts who gave a Power Point Presentation on Molding Hearts.

Veno Nathraj, Twentynine Palms, spoke in favor of the proposal.

Faith Nicholson, Yucca Valley, spoke in favor of Molding Hearts.

Astrid Johnson, Twentynine Palms, spoke in favor of Molding Hearts.

Eric Menendez, spoke about the need for resources in this community.

Mayor Bilderain, mentioned that an email was received by Ms. Cindy Bernard for the record.

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City Council - Regular Meeting
November 12, 2024
After a brief discussion, a motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Klink to execute the Molding Hearts' proposal to provide housing and rehabilitative services for unhoused Twentynine Palms residents.

The above motion was carried by the following:

ROLL CALL VOTE:

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

16. Planning for a Brighter Future: Aligning Future Goals with Present Day Actions.

RECOMMENDATION: The City Council authorize the City Manager to negotiate and enter into a contract for professional services with Moore Iacofano Goltsman, Inc. (MIG) to conduct a comprehensive long-term strategic planning initiative for an amount not to exceed $36,360.00.

City Manager James presented the Staff Report.

Eric Menendez, spoke about the importance of the public's involvement in these Workshops.

ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Mintz, to negotiate and enter into a contract for professional services with Moore Iacofano Goltsman, Inc. (MIG) to conduct a comprehensive long-term strategic planning initiative for an amount not to exceed $36,360.00.

The above motion was carried by the following:

ROLL CALL VOTE:

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

FUTURE COUNCIL INITIATED ITEMS

1. Revisit allocated funds for the portable showers and Navigation Center.

2. Discussion on the General Plan Update.

4. Shade structures around Freedom Plaza and a possible art fixture with "Freedom Plaza" announcing the location.

5. A review and discussion of fees as it relates to Site Plan Reviews for Barber Shops in existing buildings.

6. Discussion on increasing the City Council compensation.

Mayor Pro Tem Klink asked that an investigation on abandoned homes in the community be conducted. Councilmember Mintz seconded the item.

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City Council - Regular Meeting
November 12, 2024

PUBLIC COMMENTS
LeeAnn Clarke, 29 Palms Ministerial Association, provided the following updates to the City Council: The Mayor's Prayer Breakfast is Tuesday, November 19th beginning at 7:00 a.m., a Community Thanksgiving Service will be held Sunday, November 24th at Freedom Plaza. Regarding Action Council, she mentioned that there is a new mural coming to town and it will be on the wall at Ace Hardware.

Jacqueline Pfister, Twentynine Palms, spoke regarding recently attending a TBID meeting and wanted to speak, but was not given the opportunity to do so. She feels this is a violation of the Brown Act and should be addressed.

Eric Menendez spoke about the public not having the opportunity to speak at meetings and a conversation he recently had with the TBID Chair. He also suggested strongly that TBID meetings need to be recorded.

Randy Stevens, Twentynine Palms, thanked the City Council for the support and help with the Hoop Shoot recently held and sponsored by the Elks Lodge. He presented the City Council with a certificate of recognition on behalf of the Elks Lodge.

CITY MANAGER UPDATE
City Manager James provided the following updates: regarding City Council salaries, Interim Finance Director Keniry did some research and what will need to happen is the change of salaries will need to go before the City Council as a Public Hearing and then a second time for adoption. He mentioned that he attended the Marine Corps Ball and the Twentynine Palms Book Festival. He then passed the floor to City Attorney Muñoz who thanked Mayor Pro Tem Klink for his service and what a pleasure it has been to work with him all these years. He has been a great friend.

Mayor Bilderain commented on the Hawaiin shirts that the City Council and City Manager were wearing, saying that they are being worn in honor of Mayor Pro Tem Klink. He had Mayor Pro Tem Klink sit in the Mayor's seat to close out the meeting one last time.

Mayor Pro Tem Klink thanked everyone and looks forward to watching this City Council move forward. He sang Happy Birthday to the City and to his mother in heaven.

ADJOURNMENT - Mayor Pro Tem Klink adjourned the meeting in honor of his mother at 8:56 p.m.

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

Page 6 of 6 ends

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Jan 14 2025
SUBJECT: Approval of Warrant Register Totaling $1,331,140.63 ATTACHMENTS:
• Approval of Warrant Register
Totaling $1,331,140.63

Page 17 of 184 ends

Check Date
Warrant Register
PPBI Gen Chkng

CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 01-14-25
Check / Payment
0019618 12/04/2024 [3581] ADVANCED IMAGING SOLUTIONS 198.62 0019619 12/04/2024 [1018] AVALON URGENT CARE INC 100.00 0019620 12/04/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 13.34 0019621 12/04/2024 [3709] CA STATE DISBURSEMENT UNIT 218.00 0019622 12/04/2024 [1053] CINTAS CORPORATION (8315) 919.11 0019623 12/04/2024 [2785] COPY CENTER PLUS INC. (8893) 706.07 0019624 12/04/2024 [1081] STEPHEN F DAVIS 400.00
0019625 12/04/2024 [1082] DBX INC (8937) 18,507.21
0019626 12/04/2024 [3732] FUSE CONNECT, LLC. 2,000.00
0019627 12/04/2024 [1109] GALLS LLC 235.49
0019628 12/04/2024 [1125] HDL COMPANIES 1,357.68
0019629 12/04/2024 [2615] IE GENERAL ENGINEERING INC (8767) 53,649.48 0019630 12/04/2024 [1134] INTERVET INC 375.00
0019631 12/04/2024 [0554] HERBERT STONE JAMES 34.78
0019632 12/04/2024 [3660] KIMBERLY K. JOHNSON 1,282.00
0019633 12/04/2024 [1149] LLOYD PEST CONTROL CO INC (8202) 515.00 0019634 12/04/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 2,311.65 0019635 12/04/2024 [3588] METLIFE SMALL BUSINESS CENTER 4,574.18 0019636 12/04/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 17,156.14 0019637 12/04/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 9,898.83 0019638 12/04/2024 [1175] AARON NEVEU 648.00
0019639 12/04/2024 [1036] PARKER'S BUILDING SUPPLY 29 PALMS (8036) 473.58 0019640 12/04/2024 [2231] PAYCHEX INC 1,163.59
0019641 12/04/2024 [1192] PETTY CASH/CH 200.00
0019642 12/04/2024 [1212] RUTAN AND TUCKER 30,260.62
0019643 12/04/2024 [1214] SAN BERNARDINO CO OFFICE OF THE ASSESSOR 20.00 0019644 12/04/2024 [2230] SAN BERNARDINO CO REGISTRAR OF VOTERS 622.00 0019645 12/04/2024 [3873] SAN BERNARDINO COUNTY - DEPARTMENT OF PUBLIC 144,000.00 0019646 12/04/2024 [2268] SAN BERNARDINO COUNTY-RADIO 111.52 0019647 12/04/2024 [1230] SCE 1,581.91
0019648 12/04/2024 [3590] SOUTHWEST PROTECTIVE 3,199.50 0019649 12/04/2024 [1231] SPARKLETTS 629.68
0019650 12/04/2024 [2201] TRANSUNION RISK AND ALTERNATIVE 75.00 0019651 12/04/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 4,736.63 0019652 12/04/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 80.00 0019653 12/04/2024 [1272] VCA YUCCA VALLEY 62.00
0019654 12/04/2024 [1274] VSP 696.27
0019655 12/04/2024 [1287] XEROX FINANCIAL SVC 188.71
0019656 12/11/2024 [1506] A NEW CREATION FLOWERS & GIFTS (2187) 323.25 0019657 12/11/2024 [1005] AFLAC 648.86
0019658 12/11/2024 [1010] ANIMAL HEALTH AND SANITARY SUPPLY 512.68 0019659 12/11/2024 [1081] STEPHEN F DAVIS 400.00
0019660 12/11/2024 [3723] DESERT GENERAL LLC 5,000.00
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Page 18 of 184 ends

0019661 12/11/2024 [1087] DESERT HARDWARE (0301) 623.85 0019662 12/11/2024 [1100] FEDEX 234.68
0019663 12/11/2024 [1102] FORENSIC DTS INC 593.85
0019664 12/11/2024 [1106] FRONTIER 147.69
0019665 12/11/2024 [1106] FRONTIER 405.22
0019666 12/11/2024 [1106] FRONTIER 11.64
0019667 12/11/2024 [0552] JORGE GUZMAN PENA 59.22
0019668 12/11/2024 [2164] INNOVATIVE FEDERAL STRATEGIES LLC 3,800.00 0019669 12/11/2024 [0554] HERBERT STONE JAMES 220.86
0019670 12/11/2024 [3874] LINCOLN FINANCIAL GROUP 1,752.62 0019671 12/11/2024 [1164] MORONGO BASIN BROADCASTING CORP 400.00 0019672 12/11/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 5,335.03 0019673 12/11/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 3,003.84 0019674 12/11/2024 [1228] NCSI 518.00
0019675 12/11/2024 [3679] NOBEL SYSTEMS, INC. 5,000.00
0019676 12/11/2024 [0001] ONE TIME VENDOR - EMMANUEL DADZIE 15.00 0019677 12/11/2024 [0001] ONE TIME VENDOR - JUERGEN BLAEUL 26.73 0019678 12/11/2024 [0001] ONE TIME VENDOR - AMANDA MARQUEZ 28.00 0019679 12/11/2024 [0001] ONE TIME VENDOR - MORELIA GAMINO 20.00 0019680 12/11/2024 [0001] ONE TIME VENDOR - MOMO G'S PET OASIS 75.90 0019681 12/11/2024 [0001] ONE TIME VENDOR - ANGELA MENA-BOHO 110.90 0019682 12/11/2024 [0001] ONE TIME VENDOR - DESERT TRADE LLC 186.26 0019683 12/11/2024 [0001] ONE TIME VENDOR - 3RD LIBRA WELLNESS LOUNGE 73.47 0019684 12/11/2024 [0001] ONE TIME VENDOR - KDM BUSINESS CONSULTING 111.30 0019685 12/11/2024 [0001] ONE TIME VENDOR - GOODPASTOR DEVELOPMENT 13.41 0019686 12/11/2024 [0001] ONE TIME VENDOR - DESERT CAPITAL VENTURE, LLC 2,613.48 0019687 12/11/2024 [0001] ONE TIME VENDOR - BETTER EARTH ELECTRIC 448.37 0019688 12/11/2024 [0001] ONE TIME VENDOR - MICAYLA NESTOR 375.70 0019689 12/11/2024 [0001] ONE TIME VENDOR - ANNA STUMP 247.40 0019690 12/11/2024 [2499] RACKSPACE US, INC 1,207.93
0019691 12/11/2024 [3737] RODNEY REPAIR AND SERVICE 95.00 0019692 12/11/2024 [1212] RUTAN AND TUCKER 23,224.17
0019693 12/11/2024 [1213] SAN BERNARDINO CO SHERIFFS DEPT 455,060.00 0019694 12/11/2024 [1230] SCE 8,955.69
0019695 12/11/2024 [3700] SIMPLEVIEW 1,950.01
0019696 12/11/2024 [0239] CRAIG STACEY 133.53
0019697 12/11/2024 [2669] STATE WATER RESOURCES CONTROL BOARD 1,973.00 0019698 12/11/2024 [1243] THE GAS COMPANY 1,480.76
0019699 12/11/2024 [1254] TROPHY EXPRESS 272.22
0019700 12/11/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 231.09 0019701 12/11/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0019702 12/11/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 373.00 0019703 12/11/2024 [1278] WESTERN HOME BUILDERS, INC 200.00 0019704 12/12/2024 [3876] MOLDING HEARTS.ORG 24,500.00
0019705 12/16/2024 [1137] BILL'S DIESEL 11,415.37
0019706 12/18/2024 [1001] LORI (8411) ABDELNOUR 1,475.00 0019707 12/18/2024 [3877] AMERITAS LIFE INSURANCE CORP 3,467.76 0019708 12/18/2024 [3877] AMERITAS LIFE INSURANCE CORP 612.96 0019709 12/18/2024 [1007] ANDY'S LANDSCAPE AND TREE SERVICE (3803) 1,975.00 0019710 12/18/2024 [1014] ARROWHEAD CREDIT UNION 26,344.72 0019711 12/18/2024 [1017] AUTOZONE (0842) 286.86
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Page 19 of 184 ends

0019712 12/18/2024 [0452] CHRISTINA BENTON 139.36
0019713 12/18/2024 [3853] MAVERICK BURKELO 360.00
0019714 12/18/2024 [3684] CARSON W ESTRADA 252.00
0019715 12/18/2024 [1052] CHARLES ABBOTT ASSOCIATES INC 43,417.78 0019716 12/18/2024 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0019717 12/18/2024 [1079] DATA TICKET INC 519.16
0019718 12/18/2024 [2930] DEIBERT'S LASER ENGRAVING & IMAGING (8987) 146.00 0019719 12/18/2024 [2930] DEIBERT'S LASER ENGRAVING & IMAGING (8987) 700.00 0019720 12/18/2024 [1106] FRONTIER 75.69
0019721 12/18/2024 [1107] FULTON DISTRIBUTING 3,337.01
0019722 12/18/2024 [1122] GOLD MOUNTAIN CA NEWS MEDIA 225.50 0019723 12/18/2024 [3586] TORIN GRIMES 360.00
0019724 12/18/2024 [3632] INLAND EMPIRE TOURISM COUNCIL 9,000.00 0019725 12/18/2024 [2183] JOE A GONSALVES & SON 3,000.00 0019726 12/18/2024 [1140] JOSHUA TREE NATIONAL PARK COUNCIL FOR THE 1,000.00 0019727 12/18/2024 [1144] JAMES W (2985) KYLE 1,620.00
0019728 12/18/2024 [3786] LEVIN HOLLOWAY 252.00
0019729 12/18/2024 [2367] MIDAMERICA 522.00
0019730 12/18/2024 [1182] NV5 INC (8793) 2,546.25
0019731 12/18/2024 [1184] OFFICE DEPOT CREDIT PLAN 1,404.46 0019732 12/18/2024 [0001] ONE TIME VENDOR - PALM SPRINGS UNIFIED SCHOOL 510.66 0019733 12/18/2024 [0001] ONE TIME VENDOR - TONSORIAL CUTS 73.47 0019734 12/18/2024 [0001] ONE TIME VENDOR - SUNRUN INSTALLATION SVC 240.67 0019735 12/18/2024 [0001] ONE TIME VENDOR - SUNRUN INSTALLATION SVC 240.67 0019736 12/18/2024 [0001] ONE TIME VENDOR - SUNRUN INSTALLATION SVC 345.78 0019737 12/18/2024 [2582] OREILLY 1,436.16
0019738 12/18/2024 [0328] JACQUELINE PALMER 85.00
0019739 12/18/2024 [3796] QUALITE SPORTS LIGHTING, LLC 253,488.65 0019740 12/18/2024 [2396] SAN BERNARDINO COUNTY-CSA 526.31 0019741 12/18/2024 [1230] SCE 7,196.15
0019742 12/18/2024 [3810] SHERWOOD DESIGN ENGINEERS, LTD. 62,081.94 0019743 12/18/2024 [3056] SOAP SUDS CLEANING SERVICE (9049) 2,627.00 0019744 12/18/2024 [2484] TERRA NOVA PLANNING & RESEARCH INC. (9096) 1,628.61 0019745 12/18/2024 [3847] THE HANGRY BEAR 500.00
0019746 12/18/2024 [1250] TOTAL FITNESS (8331) 359.88
0019747 12/18/2024 [1300] TRIAD REALTORS (0101) 187.28
0019748 12/18/2024 [1254] TROPHY EXPRESS 178.49
0019749 12/18/2024 [1270] VALLEY INDEPENDENT PRINTING 363.23 0019750 12/18/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 435.00 0019751 12/18/2024 [1744] YUNEX LLC 1,210.00
0019752 12/23/2024 [2463] 4 SPORTS N' MORE (8671) 9,323.20 0019753 12/23/2024 [1212] RUTAN AND TUCKER 10,143.73
0019754 12/23/2024 [1230] SCE 862.22
0019755 12/23/2024 [1249] SPECTRUM 199.99
0019756 12/23/2024 [1249] SPECTRUM 32.93
0019757 12/23/2024 [1249] SPECTRUM 43.29
0019758 12/23/2024 [1249] SPECTRUM 129.99
0019759 12/23/2024 [1249] SPECTRUM 159.98
0019760 12/23/2024 [1249] SPECTRUM 153.40
0019761 12/23/2024 [1249] SPECTRUM 1,179.00
0019762 12/23/2024 [1249] SPECTRUM 119.98
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Page 20 of 184 ends

0019763 12/23/2024 [1249] SPECTRUM 119.99
0019764 12/23/2024 [1249] SPECTRUM 119.99
0019765 12/23/2024 [1249] SPECTRUM 149.98
0019766 12/23/2024 [1178] T-MOBILE 44.61
0019767 12/23/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 Approved by: Date:

Total Checks: 1,331,140.63
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Page 21 of 184 ends

Page 22 of 184 ends

STAFF REPORT
TO: City Council
FROM: Public Works Superintendent
FOR MEETING: Jan 14 2025
SUBJECT: Material Acquisition for the Road Overlay from Blue Diamond with the SB 1 Funds.

RECOMMENDATION:

The City Council approve the purchase of materials for road overlay from Blue Diamond with SB1 funds to repair/maintain the attached list of streets in the amount not to exceed $687,400.

ORDER OF PROCEDURE:

Request Staff Report (Public Works Superintendent
Presenting)
Council Questions of Staff
RequestPublicComment
Council Discussion
Motion/Second
Discussion of Motion
Call theQuestion
ATTACHMENTS:
• RESOLUTION NO. 24-12
BACKGROUND:

On April 28, 2017, Governor Brown signed Senate Bill (SB) 1 (Beal, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB1 increases per gallon fuel excise taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years.

Beginning November 1, 2017 , the State Controller (Controller) will deposit various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2023 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

All cities and counties receiving an appointment of RMRA funds are required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for streets, roads, and highway purposes from the city or county's general fund [SHC 2036]. The City spent an average of $68,967 from general funds for street maintenance functions.

Page 23 of 184 ends

On June 11, 2024 City Council adopted Resolution No. 24-12 adopting a list of projects for FY 2024-25 funded by SB1 (see attached). The projects generally consist of providing the necessary labor, equipment, and materials to overlay the street segments listed below:

Road Tons Cost
Manana Dr. 700 $98,000.00
Mojave Ave. 500 $70,000.00
Mojave Ave. 250 $35,000.00
Manzanita Ave. 600 $84,000.00
Eucalyptus Ave. 525 $73,500.00
Estrella Ave. 400 $56,000.00
Alpine Ave. 375 $52,500.00
El Sol Ave. 725 $101,500.00
Old Dale Rd. 275 $38,500.00
Adobe Rd. 560 $78,400.00
TOTAL 4,910 $687,400.00
The overlay will be funded in part with the current year apportionment, which is estimated at $681,832.00. The remaining balance of $5,568.00 will be funded with prior years SB1 funding. Blue Diamond is the only company that can deliver cold mix to the City for these projects within Staff's specified timeframe. These funds have ALREADY been expended, and this action is validation of the material purchase.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

The City Council could choose to make other recommendations.

FISCAL IMPACT:

The entire purchase of $687,400 will be funded through SB1.

Page 24 of 184 ends

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 24- 12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALMS, CALIFORNIA, ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2024-5 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 ( SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Twentynine Palms are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City of Twentynine Palms must adopt by Resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project' scompletion, and the estimated useful life of the improvement; and
WHEREAS, the City of Twentynine Palms, will receive an estimated $ 681, 832. 00 in RMRA funding in Fiscal Year 2024-025 from SB 1; and
WHEREAS, this is the eighth year in which the City of Twentynine Palms is receiving SB 1 funding and will enable the City of Twentynine Palms to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Twentynine Palms has undergone a robust public process to ensure public input into our community' stransportation priorities/ project list; and WHEREAS, the City of Twentynine Palms used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost- effective projects that also meet the community' spriorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Twentynine Palms maintain and rehabilitate residential, collector, and arterial roads throughout the City of Twentynine Palms this year with similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Twentynine Palms' streets and roads are in an " at -risk" condition and this

Page 25 of 184 ends

revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "good" condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety,• investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms, California, Resolves as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2024-025 Road Maintenance and Rehabilitation Account revenues:

Project 1: 2024-025 Street
The Project generally consists of providing the necessary labor, equipment, and materials to overlay 4, 910 Tons of asphalt pavement street segments. The project will commence in July 2024 and be completed no later than June 2025. The useful life of the project area is estimated to be 7- 10 years.

Length
Road From To ( LF) AC Tons Cost
Manana Dr. Morongo Rd. Encelia Dr. 2400 700 $ 98, 000.

Mojave Ave. El Paseo Dr. To End 2130 500 $ 70, 000.

Mojave Ave. HWY 62 Old Dale Rd. 1340 250 $ 35, 000.

Manzanita
Ave. Hatch Rd. Sullivan Rd. 2340 600 $ 84, 000.

Eucalyptus
Ave. Hatch Rd. Sullivan Rd. 2170 525 $ 73, 500. 0
Estrella Ave. Hatch Rd. Sullivan Rd. 2005 400 $ 56, 000.

Alpine Ave. Hatch Rd. Sullivan Rd. 1780 375 $ 52,00. 0
El Sol Ave. Hatch Rd. Foothill Dr. 2872 725 $ 101, 500. 0 Old Dale Rd. Copper Mtn. Rd Indian Cove Rd. 2872 275 $ 38, 500. 0 Adobe Rd. Amboy Rd. Calle Todd Ln. 1250 560 $ 78, 400. 0 Total Cost: $ 687, 400. 0
PASSED, APPROVED, AND ADOPTED by the City Council of The City of Twentynine Palms this 11t'' day of June 2024.
en Bilderain, Mayor

Page 26 of 184 ends

Cind fi Villescas CMC, City Clerk
I, do hereby certify that the foregoing Resolution No. 24- 12, was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 1 lth day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

COUNCILM EMBER:

COUNCILMEMBER:

MINTZ, SCOTT, WRIGHT, BILDERAIN
NONE
KLINK
NONE
culst Cin Villescas
VUILDCJI.. 2
CMC, City Clerk

Page 27 of 184 ends

Page 28 of 184 ends

STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Jan 14 2025
SUBJECT: Award an Agreement for Design Services for the SR 62 Phase 2B Project.

RECOMMENDATION:

2. Authorize the City Manager to execute all documents necessary to enter into the Agreement including any necessary amendments.

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:
• SR 62 Phase 2B Design
Agreement
• Scope of Work_29 Plams_SW
Project_10-05-24
• SR 62 Phase 2B_Cost
Estimate_10-05-24
• Phasing History
BACKGROUND:

In 2011, The City completed and the City Council approved, a SR 62 Master Street Improvement Plan to improve State Route 62 with curbs, gutters, sidewalks, and raised medians from Encelia Avenue to Split Rock Avenue.

The total project cost was estimated to be several million dollars to construct. The project was separated into several phases. The current proposed phase is to construct curbs, gutters, sidewalks, from Encelia Avenue to Larrea Avenue on the north side of the state route. The project also includes extending the raised median in front of the Stater Brothers Shopping Center to Larrea Avenue. The project will require minor widening on the north side of SR 62 and constructing a separate pedestrian bridge adjacent to the existing box culvert which crosses over the San Bernardino County Flood Control District Twentynine Palms wash.

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The City advertised a request for proposals for environmental, and design engineering services and received one proposal from David Evans and Associates (DEA).

DEA's cost proposal for their scope of work, to complete environmental and engineering services through the end of construction, is $526,083.

ENVIRONMENTAL:

The environmental NEPA/CEQA document for the Master Plan was approved in 2015. However, DEA will update the document, as part of this contract.

ALTERNATIVES:

The City Council could choose not to proceed with the project.

FISCAL IMPACT:

San Bernardino County Transportation Authority (SBCTA) has programmed $495,000 of Measure I, MLHP (Major Local Highways Program) funds to reimburse the City for the following phases:

Preliminary Engineering and Environmental Document. $25,000 Plans, Specifications, and Engineer's Estimates. $350,000 Right of Way. $120,000
Total: $495,000
Included in DEA's cost proposal is $32,472 for construction support which will be reimbursed with Construction Funding.

SBCTA programed $4,500,000, for Construction. This amount has been programmed with State Transportation Improvement Program (STIP) funds. These STIP funds will reimburse the City for 100% of construction costs.

Page 30 of 184 ends

CONTRACT SERVICES AGREEMENT

FOR THE
SR 62 TWENTYNINE PALMS SAFETYSTREET IMPROVEMENT FOR HIGH CRASH UNSIGNALIZED INTERSECTIONSPHASE 2B PROJECT
HSIPL-5448(011)
City of Twentynine Palms
August 24January 14,
20212025

Page 31 of 184 ends

THIS AGREEMENT is made and effective as of August January 124, 2021 2025 between the City of Twentynine Palms, a municipal corporation ("City") and David Evans and Associates, Inc. a corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August January 2414, 20212025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 30, 20226 unless sooner terminated pursuant to the provisions of this Agreement. Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. In no event shall the Contractor be responsible for delays outside its reasonable control.

3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ generally accepted standards and practices utilized by persons engaged in providing similar services under similar circumstances and in the same locality as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor represents it holds the skills and abilities to perform the work as set forth in this Agreement, and City relies upon the skills and abilities of Contractor. Contractor shall perform the work and services under this Agreement in accordance with such standard of work and in accordance with the accepted standards of the professional disciplines involved in the tasks described herein.

4. CITY MANAGEMENT
City's City Engineer shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Manager shall be authorized to act on City's behalf and to Page 32 of 184

CONTRACT SERVICES AGREEMENT

FOR ENGINEERING SERVICES FOR THE DESIGN OF THE

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execute all necessary documents which enlarge the Tasks to Be Performed or change Contractor's compensation, subject to Section 5 hereof.

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5. PAYMENT
(a) Except as otherwise stated herein, the City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Final payment shall be coordinated and conditioned with completion of the tasks set forth in Exhibit A. This amount shall not exceed Sixty Five Hundred Twenty Six Thousand and Eighty Three dollars ($60,000526,083.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement (“Total Agreement Amount”).
(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
(c) Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include the contract amount, invoice amount to date, and balance remaining.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
(d) Prior to signing the Agreement, Contractor shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. All of City’s monetary obligations set forth in this Agreement are conditioned upon City’s receipt of an executed W-9 form from Contractor.

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(e) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, City may retain ten percent (10%) of the payment on each month’s invoice, on a cumulative basis, until Contractor has completed all of the tasks set forth in Exhibit A.
(f) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, if Contractor has not delivered to the City the required certified insurance policies and endorsements within the time required by Section 10(f) (3) of this Agreement, City has the sole discretion to withhold any and all payments to Contractor until Contractor delivers to the City the certified insurance policies and endorsements required by Section 10 of this Agreement.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5. (b)(c) Except as otherwise provided herein and prior to the termination date of this Agreement, this Agreement may be terminated by written consent of both the City and the Contractor.

7. DEFAULT OF CONTRACTOR
(a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the

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Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor.
(c) With respect to the design of public improvements, the Contractor shall not be

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liable for any injuries or property damage resulting from the reuse or modification of the design without the written consent of the Contractor.

9. INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, Contractor shall protect, indemnify, defend and hold harmless City and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) to the extent where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, its officers, agents, employees or subcontractors, or any entity or individual that Contractor shall bear the legal liability in the performance of this Agreement.

For purposes of this Agreement, a “Licensed Design Professional” shall be limited to licensed architects, licensed landscape architects, registered professional engineers, and licensed professional land surveyors, all as defined by current law, and as may be amended from time to time by California Civil Code § 2782.8. (b) Indemnification Provisions Pertaining to Subcontractors and Others Performing Work. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.

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10. INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor shall maintain insurance in conformance with the requirements set forth below.

Contractor shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All Sections of this Agreement and any provision in City's Request for Proposal and Contractor's submitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent that any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability Insurance – Written on the Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability exclusion for claims or suits by one insured against another.
(2) Business Auto Coverage –Written on the ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each person.

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(3) Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer's Liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its officers, officials, employees, or agents. (4) Professional Liability or Errors and Omissions Insurance as appropriate to the Contractor’s profession - Written on policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement.
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less than (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Professional Liability: The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured. The policy retroactive date shall be on or before the effective date of this agreement. Insurance shall continue to be effective to cover all claims made within three (3) years of the completion of the work in the Agreement. (c) Deductibles and Self-Insured Retention. Contractor agrees not to selfinsure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any

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way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or the Contractor to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager. (d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:
(1) General liability and umbrella policies shall cover the City, its officers, officials, employees, agents, and volunteers are to be covered as insureds or additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO-CGL policy with an edition prior to 1992, or other form as expressly approved by City, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. In no event shall the Contractor use an additional insured endorsement with an edition date of 1992 or later, absent express written authorization by City. Notwithstanding the foregoing, the City expressly consents to allow Contractor and its subcontractors to issue an additional insured endorsement with an edition date of 2004 or 2011. Contractor also agrees to require all contractors and subcontractors to do likewise.
(2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,

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employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and there shall be no cross liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured. Contractor expressly waives any claim against City for any covered act or event, and Contractor's insurance policy shall not prevent such waiver. The limits of insurance required herein shall in no way limit the liability of the party providing the insurance. In addition, if the coverage or limits available to Contractor exceed that required by this Agreement, and the loss incurred by the additional insured exceeds the amount required by this Agreement, it is the parties' intent that all such additional coverage and limits available will apply irrespective of the specific coverage or limits required herein.
(5) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss.

Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. (6) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(7) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.

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(8) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
(9) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(10) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(11) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
(12) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage that does not meet the requirements of this agreement and (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
(13) The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. (14) Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is

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for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. (15) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and approved to do business in California and with a current A.M. Best's rating of Aor better and a financial size of VII or greater, unless otherwise acceptable to the City. (f) Verification of Coverage and Notice of Cancellation. (1) Contractor shall immediately furnish to City certificates of insurance or endorsements, satisfactory to City, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured City prior to any termination, suspension, cancellation, or non-renewal, or the reduction of available coverage that does not meet the requirements of this agreement, or any change in the terms of coverage that does not meet the requirements of this agreement. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
(1)(2) Contractor agrees that if Contractor commences work under this Agreement without first providing City copies of the required

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insurance certificates or endorsements, that Contractor does so at its own and sole risk. In the event Contractor's insurance is not acceptable to City or copies of insurance certificates or endorsements are not provided, City shall have no obligations to compensate Contractor for such work unless Contractor possesses a notice to proceed from City for this work.
(2)(3) Within sixty (60) days of the commencement of this Agreement, Contractor shall furnish copies of the actual policies and endorsements, which may be redacted at the Contractor’s or the Contractor’s insurers’ discretion to protect confidential or proprietary elements of the policies.

Failure to submit such policies shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. If proof of any insurance required under this Agreement is not delivered as required or if such insurance is canceled at any time and no replacement coverage is provided, City shall have the right but not the duty to obtain any insurance it deems necessary to protect its interests under this Agreement, express or implied, in any way relating to City. Any premium for such coverage shall be charged to and promptly paid by Contractor or, at City's option, may be deducted from sums due to Contractor. (3)(4) In the event of the premature termination of this Agreement for any reason, Contractor agrees to maintain the required insurance coverage until City provides written authorization to terminate the coverage following a review and determination that all liability posed under this Agreement as to the party providing the insurance has been eliminated. (4)(5) Except as outlined in Section 10(b) (3) above, Contractor will renew the required coverage annually for not less than either the remainder of the term of the contract or for a period of not less than 5 years. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. (5)(6) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to

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expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. Contractor agrees to provide immediate notice to City of any claim or loss likely to involve City or its employees or agents which exceeds $2,500 or is likely to exceed that amount arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
(h) Sub-Contractor Insurance Requirements. Contractor agrees to require that all parties, including but not limited to sub-Contractors and additional Contractors or professional services with whom Contractor enters into contracts or whom Contractor hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for requiring that such coverage is provided in conformity with the requirements of this Section. Contractor acknowledges and agrees that upon request, all agreements with sub-Contractors and others engaged in the project contemplated by this Agreement will be submitted to City for review.

Contractor agrees and acknowledges that such contracts may require modification as to the insurance requirements necessary to properly protect City.

11. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

No employee benefits shall be available to Contractor in connection with the

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performance of this Agreement. Except for the fees paid to Contractor as provided Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

13. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Twentynine Palms in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Twentynine Palms will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a)All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subContractors, shall not without written authorization from the City Manager or

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unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(a)(b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or sub-Contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, California 92277
Attention: City Clerk
To Contractor:

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17. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Because of the personal nature of the services to be rendered pursuant to this Agreement, only Robert Kilpatrick shall perform services described in this Agreement. Robert Kilpatrick may use assistants, under its direct supervision, to perform some of the services under this Agreement. Contractor shall provide City fourteen (14) days' notice prior to the departure of Robert Kilpatrick from Contractor's employ. Should he leave Contractor's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

18. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Twentynine Palms.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

The invalidity in whole or in part of any provision of this Agreement shall not void

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or affect the validity of the other provisions of this Agreement.

Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

22. WORK SCHEDULED/TIME OF COMPLETION

22. The tasks to be performed, estimated time for completion, and payment schedule are attached hereto as Exhibits “A” and “B.”

23. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of City's Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Contractor, Exhibit "D" hereto. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Contractor's proposals.

24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TWENTYNINE PALMS CONTRACTOR
By: ____
Stone JamesFrank Luckino,
City Manager Attest:

By: ______________________________________
(Signature)
(Typed Name)
Cindy Villescas, City Clerk
Approved As to Form:

Its:

By:
___________________________
(Title)
___________________________
(Signature)
Patrick Munoz, City Attorney
(Typed name)
Its:
(Title)

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EXHIBIT A

TASKS TO BE PERFORMED

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EXHIBIT B

SCHEDULE OF PAYMENT

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SCOPE OF WORK
08/18/21
City of Twentynine Palms
Safety Improvement for High Crash Unsignalized Intersections - HSIPL5448(011) Task 1 – Project Management
A. Project Management, Administration and Coordination
The Contract Manager will prepare and submit monthly progress reports summarizing the actual work performed, project issues, and status of the project schedule and budget. At minimum, the reports will reflect the following:
■ Highlights of Accomplishments
■ Current Project Status and Schedule Updates
■ Actual vs. Scheduled Percentages Complete by Task
■ Explanation of Schedule Deviations
■ Accomplishments Planned for Next Reporting Period
Coordination within the team is also vitally important to the success of the project.

Accordingly, DEA will pay special attention to the effective management of staff and community/coordination within our team and potential subconsultants to assure that they are functioning as an integral part of the team and their performance meets all requirements and expectations.

Our approach to successful, internal team coordination includes team meetings (held as needed) to review progress and to discuss issues, and ongoing internal coordination by

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telephone, e-mails, and memos to keep the channels of communication open and the project team in the loop.

B. Project Meetings Including Kick-off Meeting
DEA is prepared to work closely with the City staff, Caltrans, utility companies, and property owners, as required during the course of the project.

The project will be initiated with a kickoff meeting to which all involved parties would be invited. The project team will fully review the design guidelines/criteria prior to the meeting.

The probable agenda for this meeting includes:
• Introduction of participants and their roles and responsibilities • Review of the project objectives
• Review of the consultant’s scope of work and level of effort • Input from participants regarding protection of existing facilities, construction requirements, processing time, etc.
• Review of the project schedule
• Collection of the City’s furnished guidelines and data A key success factor in any project is the development of meaningful and productive meetings for their intended purpose. The Project Manager will be responsible for the documentation of all project meetings with the City staff. Meeting notes will be prepared and distributed within five working days to all attendees and others deemed necessary.

Additional project meetings are anticipated with the City and key stakeholders. It is anticipated that two of these meetings would be held in person (including the project kickoff), with an additional three meetings being held virtually. These meetings will be held to discuss major submittals such as the environmental documents, alternative analysis, final design and warrant studies.

C. PMP – QMP – Schedule – Project Setup

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In adherence with DEA’s Quality Assurance Program, The Project Managers and Team will work closely with DEA’s Quality Control Manager to implement the QA/QC plan tailored specifically to this project. The QA/QC plan will define the timing and procedures for technical peer reviews, draft plan and document checks, and technical editing of written documentation.

The project design plans and documents will be reviewed by a DEA construction engineer with recent and relevant project experience in street rehabilitation projects, landscape construction operations, and traffic engineering improvements. The DEA construction engineer will meet with the project team on a monthly basis to review plan design, and discuss quality reviews on plan preparation, utility information, details, and accuracy of the design. Comments received from the Quality Control process will be reviewed with the City, and included in the final PS&E preparation.

At the project kickoff, Steven will provide a draft Project Management Plan (PMP) describing the schedule and budget control, communication protocol and coordination procedures for a smooth functioning of the project. The work breakdown structure by task; stakeholder register; organizational chart; Gantt chart including milestones, sequencing, and precedence; risk register; and quality control plan (as described above) will be placed in the PMP. A draft copy will be provided for the City’s review and comments to finalize the PMP.

Based on the information given, we will prepare a reasonable schedule (via a Gantt chart) for the project to be delivered. The schedule will also be used to monitor coordination activities with third parties and regulatory agencies (i.e., utility companies, Caltrans), as well as plan check, environmental compliances, and agency review and permitting activities.

Task 2 – Environmental Clearances
DEA will obtain the needed Environmental Clearances for the processing of the Funding Allocation to Proceed with Construction. Because the HSIP project is funding with state funding, the project must meet the requirements of the California Environmental Quality Act (CEQA). The City of Twentynine Palms is the lead agency for the approval and clearances under CEQA. The work in this part of this process is the preparation of the Environmental Assessment Form and the processing of the form with the City Planning Department for approval.

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It is anticipated that the CEQA approvals for this project will be the approval of a Categorical Exemption. It is assumed that the project would qualify as categorically exempt from CEQA under CEQA Guidelines Section 15301:

Existing Highways and Streets. Our team will prepare a Notice of Exemption (NOE) for City’s use in documenting the categorical exemption after project approval. The NOE will include all required elements pursuant to CEQA Guidelines Section 15062. It is assumed that City will file the NOE with the San Bernardino County Clerk’s Office and pay applicable fees. We will file the NOE with the California State Clearinghouse.

Work under this task is to prepare the following:

1. Initial Study Environmental Checklist Form. We will prepare the necessary Initial Study Environmental Checklist Form for submittal to the City Planning Department. The form will include the answers to the environmental questions posed in the checklist.

2. Categorical Notice of Exemption Form. We will prepare the form for the needed approvals and signatures.

3. Field Review Form. If needed, we will set-up the field meeting and coordinate with Caltrans Local Assistance for the preparation of the field review form.

Task 3 - Base Map/Utility Search
For all six intersections, our team will develop base maps using Google Earth images. The base map will be used for the preliminary and final engineering, and will include right-of-way as indicated on the City’s GIS maps. These images will be placed at a 1” = 40’ scale with sufficient detail to place crosswalk, signage and flashing beacon data onto the plans.

DEA will also conduct a utility search of the existing utilities in the project area. The following is a list of the representative utility companies which will be contacted.
• Southern California Edison (SCE) Company
• Southwest Gas Company (Gas)

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• Verizon Telephone
• City of Twentynine Palms (Sewer)
• Twentynine Palms Water District
All utilities will be documented for reference. We will review the existing utilities for each site, and in the event there is a potential for a utility conflict, our team will map the utility on the plans for reference. Our team can provide coordination with the utility companies for any necessary utility adjustments and/or relocations that may be necessary as an additional service for this project.

Task 4 – Alternative Analysis and Preliminary Plans
Our team understands the City standards and potential traffic layouts relevant for these six intersections. Based on the existing intersection layouts and weighted importance of the improvements, our team will maximize the number of crosswalks, beacons and signs for the total project.

These alternatives will be presented with explanations on how the designs improve local safety standards within the Benefit to Cost ratio shown in the HSIP application. The purpose of the analysis is to ensure our team reviewed potential alternatives and developed a design maximizing the allocated funds for Twentynine Palms.

Upon the completion of the Base Maps, DEA will prepare the preliminary plans for each of the intersection sites. The Preliminary Plans represent a 30% design of the proposed work, mainly indicating where the improvements will be located. This will allow City staff to review the anticipated layout prior to the preparation of the final improvement plans. In order to ensure the plans are within the project budget as outlined in the HSIP, our team will prepare a Preliminary Cost Estimate for the improvements.

Task 5 – All-Way Stop Control Warrants
DEA will prepare an All-way Stop Sign warrant study for the intersections of Two Mile Road and Lear Street, and Amboy Road and Utah Trail. These two

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intersections are currently stop controlled on the minor side street. The City has identified that the intersection of Two Mile Road and Lear Street should be signalized. Both of these intersections have a crash history that could justify the installation of all-way stop controls. Though not specified in the HSIP application, the installation of all-way stop controls could be funded as a part of this HSIP project. For this task, we will prepare a stop sign warrant analysis for both intersections to present the findings in a formal warrant analysis memorandum report for the City to decide if they want to install allway stop controls for either of the intersections. The work will include 24- hour approach traffic counts for the preparation of the warrant analysis.

Task 6 – Final Design
Work under this task is the preparation and processing of the final engineering plans for the proposed improvements at the six intersections.

The final improvement plan set will include the following:

1. Title Sheet and Project Location Maps

2. Standards and Notes Sheet

3. Plan Sheets, for each of the 6 intersection locations

4. Detail Sheet for Baseline Road/Utah Trail ADA Ramp

5. Signing and Striping Detail.

After the preliminary design and during the environmental approvals, our team will prepare the plans, specifications, and estimates (PS&E), per the City’s format requirements. The plans will also include the placement of new signing and striping accordance with current CA MUTCD and Caltrans standards. Our team will design the curb ramp on the northeast intersection of Baseline Road and Utah Trail and will analyze the curb ramp on the northwest corner. If the NW corner ramp is determined to be non-ADA compliant, we will re-design the ramp. The redesign of the ADA ramps will not include any design surveying and will be based on meeting current ADA minimum slope requirements for the ramp to be constructed in the field. The work in this task includes submittals at the 60%, 90% and 100% stage, along with any backup information (cut sheets, standards, design manuals) for City review and approval. Each submittal will be made on time in accordance with our internal Quality Control Process. We will address the City’s one

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PHASE 2B PROJECT
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round of comments for each submittal and incorporate/clarify the comments as appropriate to the satisfaction of the City.

Construction Specifications: Our design team will provide construction specifications for the material and construction requirement, to be reproduced as required for the construction drawings. We will thoroughly review the specifications against the plans to ensure their coordination. All technical specifications will start with the Green Book and customized as needed. Our database holds a large inventory of specialized specifications, which can be used as a template for specialized specifications. Any General Conditions and General Requirements will be pulled from the City’s library, and DEA can assist with setting up the contract documents for contractors as an additional scope item.

Construction Cost Estimate: We will provide an opinion of probable construction costs, including a detailed breakdown of work, unit prices, material, and total costs, and will include references for chosen unit costs at each submittal. Line items will be added for typical cost factors such as mobilizations, permitting, construction management and contingency.

EXHIBIT B

PAYMENT SCHEDULE

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COST PROPOSAL WORKSHEET - SCOPE
COMPANY: DATE: REV: 0 TASK ORDER: Twentynine Palms Neighborhood Safety Project Rob Kilpatrick - Principal Steven Anderson - Project Manager Helen Wilson- QA/QC Greg Kim - Design Lead Minh Pham - Signage/ Traffic Design Survey Analyst Survey CAD Project Surveyor Survey Project Assistant Clerical/Admin Assistant John Moynier - Environmental Lead Bill Hall - Environmental Support Abigail Hartman - CAD Marga Rosso - Admin Support 2017 Billing Rate $216.53 $316.38 $129.68 $239.30 $193.88 $150.00 $150.00 $170.00 $105.00 $90.00 $286.90 $214.42 $111.20 $109.02 Task 1 $10,093 $10,093 2 8 12 22 $4,272 $0 $4,272 7.7% $4,272
4 8 2 14 $3,971 $0 $3,971 7.1% $3,971
2 2 4 8 $1,849 $0 $1,849 3.3% $1,849 Task 2 $4,562 $4,562 2 2 2 6 12 $2,926 $0 $2,926 5.3% $2,926
2 2 2 6 $1,635 $0 $1,635 2.9% $1,635 Task 3 $5,302 $5,302 2 8 10 $1,522 $0 $1,522 2.7% $1,522
2 2 24 28 $3,780 $0 $3,780 6.8% $3,780 Task 4 $11,665 $11,665 2 2 2 2 8 $1,932 $0 $1,932 3.5% $1,932
2 4 2 4 12 $2,953 $0 $2,953 5.3% $2,953
2 1 2 26 31 $4,132 $0 $4,132 7.4% $4,132
2 2 2 2 8 16 $2,648 $0 $2,648 4.8% $2,648 Task 5 $3,238 $3,238 6 10 16 $3,238 $0 $3,238 5.8% $3,238 Task 6 $20,730 $20,730 2 6 4 2 4 50 68 $9,664 $0 $9,664 17.4% $9,664
2 8 10 $1,522 $0 $1,522 2.7% $1,522
2 4 2 2 24 34 $5,105 $0 $5,105 9.2% $5,105
2 8 10 $1,522 $0 $1,522 2.7% $1,522
2 2 2 2 10 18 $2,916 $0 $2,916 5.2% $2,916
24 52 13 20 22 0 0 0 0 0 6 8 166 12 323 0 $5,197 $16,452 $1,686 $4,786 $4,265 $0 $0 $0 $0 $0 $1,721 $1,715 $18,459 $1,308 $55,589 $0 $0 $0 $55,589 100% $55,589 $55,589
$4,411 $4,411
$60,000
Respond to City Comments Respond to 60% Comments 90% Improvement Plans All-Way Stop Control Warrants Final Design
100% Improvement Plans
Total Amount
Develop Street Base Maps
Respond to 90% Comments
Utility Coordination Preliminary Plans
Base Map/Utility Search Alternative Analysis and Preliminary Plans 60% Improvement Plans (Civil Design, Signing and Striping) Warrant Study (two intersections) Develop Alternative Options
Project Management Environmental Clearances
Alternative Analysis
David Evans and Associates David Evans and Associates 08/18/21 Subconsultants TOTAL DEA COST
Task Total % of Total Labor Fee TOTAL Subs HOURS
Project Administration, Management and Coordination TOTAL DEA HOURS
TOTAL Subs COST Project Meetings including kick-off Scope of Work Description Total Hours Subtotal for Reimbursable (Including Traffic Counts) = Total for All Phases and Reimbursable = PMP - QMP - Schedule - Project Setup
Subtotal for Tasks 1-6 =
Categorical Exemption Approval Develop NOE for CEQA
Total Labor Note: (a) The stated rates are for 2021 and are subject to annual escalation effective November 1st of each year starting on November 01, 2021, as approved by the City.

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EXHIBIT C
CITY’S REQUEST FOR PROPOSAL

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REQUEST FOR PROPOSAL: TWENTYNINE PALMS SAFETY IMPROVEMENT FOR HIGH CRASH

UNSIGNALIZED INTERSECTIONS PROJECT

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REQUEST FOR PROPOSAL

TO PROVIDE

ENGINEERING SERVICES
For the

SAFETY IMPROVEMENT FOR HIGH CRASH UNSIGNALIZED INTERSECTIONS HSIPL-5448(011)
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Telephone: (760) 367-6799
June 14, 2021

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REQUEST FOR PROPOSAL: TWENTYNINE PALMS SAFETY IMPROVEMENT FOR HIGH CRASH

UNSIGNALIZED INTERSECTIONS PROJECT

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I. INVITATION
The City of Twentynine Palms is seeking to retain the services of a qualified and experienced civil and/or traffic engineering consultant for Preliminary Engineering (PE) phase of the project. The contract is specifically for Preliminary Engineering (PE) phase which includes final design and does not include, right of way engineering, construction engineering or inspection services. Work may include location and environmental studies, NEPA approval, preliminary utility investigations and engineering work associated with utility relocation, final design (Plans, Specifications and Estimates, PS&E.) Preliminary R/W activities may be included as part of PE and may include preacquisition activities. Such activities include estimating, title search and preliminary property map preparation and studies, as needed for NEPA compliance to prepare plans, specifications, and estimate (PS&E) for the City of Twentynine Palms Safety Improvement for High Crash Unsignalized Intersections Project. It is possible that additional rights of way will be required for this project. Funding awarded for this project is Highway Safety Improvement Program (HSIP), State only funding.

II. BACKGROUND
Extensive data collection was completed for the City’s LRSP (Local Roadway Safety Plan). The completed analysis included traffic counts, speed surveys, maps of signage and lane markings, sidewalks and streetlights and a traffic signal inventory. Safety audits were completed as part of a field review for each major corridor and Synchro model intersection capacity analysis was also prepared.
• Peak hour turning movement counts were taken at 27 locations in Twentynine Palms.
• A travel speed survey of 30 to recorded 85th percentile speeds. • A sign inventory was completed to identify existing sign types and locations. • Sidewalks and bicycle trails were inventoried.

A field assessment was conducted to review and verify problem locations. The Federal Highway Administration (FHWA) prompt lists for road safety audits were used as a basis for elements to be noted and considered during the field reconnaissance.

High Crash Locations were Identified.

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The LRSP identified high crash locations and locations with fatal or sever injuries. Collision Rates for intersections and segments were calculated to identify high crash locations. Collision patterns were identified for stop control intersections. The location, type severity of crashes was identified for the intersections with the highest collision rates. Countermeasure were identified to address broadside and other collision types. Over the five-year period collision data was obtained for these six intersections, there were two fatalities and three severe injuries. A majority of these collisions were broadside collisions.

Six intersections of local arterial or collector streets were identified to be costeffectively addressed by Countermeasure NS08: Install Flashing Beacons at Stop-Controlled Intersections and by NS07: Upgrade intersection pavement markings (NS.I.). These measures have crash reduction factors of 0.15 and

0.25, respectively. The applicable intersections include:
• Two Mile Rd & Lear Ave,
• Two Mile Road & Mesquite Springs Road,
• Adobe Road & Sullivan Road,
• Adobe Road & Smith Ranch Road,
• Utah Trail & Amboy Road, and
• Utah Trail & Baseline Road.

Potential project countermeasure benefits and the project costs were calculated. The comparison of the project benefits with the project costs over the lifetime of the project was completed as an important step in a LRSP/SSARP analysis process. The total project costs are estimated at $426,600. See Attached detailed cost estimate.

III. SCOPE OF SERVICES
The following is a general outline of the scope of work to be provided by the engineering consultant. It is intended as a guide only and the specific scope of work to be provided by the consultant must be included in the proposal.

While it is believed that the project requirements set forth in this Request for Proposal are in a logical sequence and include all elements essential for a comprehensive project evaluation, improvement plan and services, those submitting proposals are advised to include any subject or procedure they

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UNSIGNALIZED INTERSECTIONS PROJECT

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believe may have been overlooked. They may also note any required items they believe have been overlooked. They may also note required items they believe to be excessive or extraneous. The cost of such items to be added or deleted should be separately noted in the proposal.

Similarly, any additional costs that must be expended to make the project complete shall be identified and listed separately in the proposal. The contract will be awarded based on respondent qualifications determined to be the most advantageous to the City. The City of Twentynine Palms reserves the right to accept, reject, and evaluate any and all proposals, and to change the scope of this RFP. Any proposal that is submitted becomes the property of the City.

The City will not be liable for nor pay any costs incurred by the Consultant in preparation of a response to this RFP or any other costs involved including travel.

The project shall adhere to all requirements and guidelines established by the FHWA and California Department of Transportation (Caltrans) which are included in this RFP by reference.

Consultants acting in a management support role is required to submit an Exhibit 10-U for FHWA approval

SCOPE OF WORK
The work consists of producing, necessary plans, specifications, and estimates to upgrade intersection pavement markings, upgrade STOP signs and installing advance flashing beacons for the six identified unsignalized intersections.

CONSULTANT SERVICES

1. Consultant shall prepare and complete all required environmental studies, environmental documents, construction documents, including plans, specifications, and cost estimates for the following items:
a) The Consultant will research and determine which Environmental Documents will be required. Even if the environmental documents are minimal, the Consultant will be responsible for the preparation of any Environmental

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documents and studies necessary for clearance under California Environmental Quality Act (CEQA), and the National Environmental Policy Act (NEPA.)
b) Provide an evaluation of the existing pavement markings, sign installations, and provide recommendations for upgrading traffic control devices within the project limits.

2. Consultant shall prepare the improvement plans, specifications, and cost estimates for the project in conformance with City of Twentynine Palms standards, Caltrans standards, and the requirements of the California Manual of Uniform Traffic Control Devices (CMUTCD), latest edition.

3. Plans shall include signing and striping showing the type and location of existing and proposed signing and striping, including but not limited to lane striping, stop bars, crosswalks, pavement markings, raise pavement markers, flashing beacons, and any other traffic control devices. Traffic beacons, signing and striping plans shall conform to the City's Policy, Procedures and Standards, and the requirements of the California Manual of Uniform Traffic Control Devices (CMUTCD), latest edition. a) The plans, specifications and cost estimates shall be signed and sealed by a Civil and/or Traffic engineer licensed to practice in the State of California. b) Warrants Studies may be recommended and preformed with concurrence from the City Engineer.

4. Consultant shall meet and confer with City staff periodically during the preliminary design phase to resolve design issues and ensure continuity with City standards and preferences.

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5. The Consultant shall identify any additional improvements that are required to construct the proposed improvements. Additional improvements may include but not be limited to curb and gutter, drainage improvements. If additional improvements are required, consultant shall include the design of those improvements in the scope of the proposal and incorporate them into the plans, specifications and cost estimates.

6. Consultant shall submit an updated project schedule within 1 week of receiving a notice to proceed, indicating the design tasks and project timing from start to submittal of final PS&E. The Consultant shall estimate two (2) City plan reviews for each plan set. Each review should be estimated to take two (2) weeks for schedule purposes. Consultant shall provide an updated schedule showing progress and timing no less frequently than once a month.

7. Consultant shall document the results of the Work to the reasonable satisfaction of the City and, if applicable, the state and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the objectives.

8. All proposed A&E contracts and supporting documents are subject to audit or review by Caltrans’ Independent Office of Independent Office of Audits and Investigations (IOAI), other state audit organizations, or the federal government.

Consultants, and subconsultants are responsible for complying with state, federal, and specific contract requirements.

Applicable standards include, but are not limited to:
• Caltrans Local Assistance Procedures Manual (LAPM);
• State and Federal agreements between local agencies and Caltrans, (i.e. Master Agreements);
• Project Program Supplemental Agreements;
• 23 United States Code (U.S.C.), Section 112 – Letting of Contracts; 40 U.S.C., Chapter 11: The Brooks Act;

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• 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services;
• 23 CFR, Chapter 1- Federal Highway Administration, Department of Transportation;
• 48 CFR, Federal Acquisition Regulation (FAR), Chapter 1, Part 31- Contract Cost Principles and Procedures;
• 48 CFR, Chapter 99 – Cost Accounting Standards (CAS), Subpart 9900; • 2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• United States Government Accountability Office, Government Auditing Standards
-Generally Accepted Government Auditing Standards (GAGAS); California Government Code sections 4525-4529; and
• Proposed contract terms and conditions.

IV. FORMAT
Unnecessarily elaborate or glossy Proposals are neither expected nor desired. An electronic file version (PDF) of the proposal is allowable and is sufficient for this request. The emphasis of the Proposal should be on responding to the requirements set forth in this RFP. To facilitate the review and evaluation of the Proposals, the prospective consultant shall organize their submission using the following outline format:

1. Statement of Qualifications and Experience
The Respondent shall include in its Proposal, at a minimum, the following information presented in a clear and concise format, to demonstrate their competence and professional qualifications for the satisfactory performance of the services outlined in the “Scope of Services” [Section III] of this RFP. • A list of recent projects which the Respondent has performed of similar size, scope, and complexity. This list shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.
• A brief description of the Project Team including the Respondent's principals, project manager, employees, agents, and subconsultants who the Respondent anticipates assigning to this Project. This list shall include a summary of the

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UNSIGNALIZED INTERSECTIONS PROJECT

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qualifications, licenses, and experience of each proposed project team member. Also include resumes for each key team member. The City will retain under its Agreement with the successful Respondent the right of approval of all persons performing under the Agreement.

2. Scope and Services
Describe in detail the firm’s understanding of the work required, including refinements of the description and tasks outlined herein which you think are appropriate. Describe how your personnel, equipment, and services will be utilized, and estimate their time involvement in various activities.

3. Time Schedule
Provide a detailed time schedule for all project activities. The target date for submission of the Final PS&E is July 1, 2022.

4. Information and Services to be Provided by the City of Twentynine Palms Prepare and submit a detailed listing of all information and services to be provided by the City. If the City personnel are expected to participate in any portion of the field or office data collection, the proposal shall contain an estimate of the number of manhours of City personnel time that will be required to complete the task(s).

5. Compensation
The method of payment shall be “cost per unit of work.” The Proposal should include the estimated cost per design element along with a maximum cost which is anticipated for each and a total for the entire project. This document must be separate from the Proposal and sealed.

6. Certificate of Insurance
Insurance coverage with a minimum aggregate coverage of $1,000,000 for Professional Errors and Omissions and General Liability will be required. A statement certifying the required insurance coverage shall be provided.

7. References
Provide a list of non-City of Twentynine Palms references with emphasis on the completion of projects similar in scope to this project. The following information should be provided:
• Name and title of reference
• Contact phone number and email address

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UNSIGNALIZED INTERSECTIONS PROJECT

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• Name of project
• Brief project scope

8. Proposer DBE Commitment and DBE Information Forms
The City has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract.

V. EVALUATION CRITERIA
After the Proposal have been received and opened by the City, a selection committee will review and evaluate all Proposal for responsiveness to the RFP to determine whether the Respondent possesses the professional qualifications necessary for the satisfactory performance of the services required. The selection committee will determine and recommend the most qualified firm by applying the following criteria:

Criteria Max Points Rating
Understanding of the work to be done 25
Experience with similar kinds of work 20
Quality of staff for work to be done 15
Capability of developing innovative or advanced techniques 10 Familiarity with state and federal procedures 10
Financial responsibility 10
Demonstrated Technical Ability10
Total 100
VI. ADDITIONAL INFORMATION

1. Financial Management and Accounting System Requirements The selected Consultant shall have an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31.

2. Professional Services Agreement

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UNSIGNALIZED INTERSECTIONS PROJECT

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The selected Consultant will be required to execute a City of Twentynine Palms Professional Services Agreement. A sample Agreement showing the typical requirements and content is attached for your information.

3. Business License
Prior to entering into an Agreement, the selected Consultant must have a current City of Twentynine Palms Business License.

4. Protest Procedures
Any protest relating to the form or content of the RFP or Contract Documents must be submitted in writing to the City’s City Clerk at least ten (10) business days before the original date set for the RFP opening. Any candidate who submits a Proposal without making a protest shall be deemed to have waived any objection to the form or content of the RFP or Contract Documents not previously stated in writing.

Candidates may file a protest with the City Clerk’s office. The protest must:

A. Be filed in writing not later than 5:00 p.m. on the fifth business day after the selection of a contractor;
B. Clearly identify the specific alleged irregularity or other basis for the protest;
C. Specify, in detail, the factual and legal grounds for the protest; and D. Include all relevant supporting documentation with the protest at time of filing.

If the protest does not meet all requirements, the City may reject it without further review.

If the protest is timely and complies with all of the above requirements, the City Clerk’s office, or other designated City staff member, shall review the protest, any response from the challenged respondent, and all other relevant information. The City will provide a written response to the protestor.

The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the award protest, including filing a Government Code Claim or legal proceedings.

VII. RFP PROCESS AND KEY DATES

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UNSIGNALIZED INTERSECTIONS PROJECT

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Proposals will be reviewed by the City’s Engineering Department and a selection committee. The review of submittals will be based on, but shall not be limited to, the following minimum criteria:
i. Each proposal will be reviewed for completeness, responsiveness and adequacy of documentation.
ii. The firms understanding of the scope of services and approach to providing service or services.
iii. The qualifications and relevant experience of the management firm, and their experience with similar projects.

KEY DATES: (Schedule is subject to change)
Deadline for Request for Clarification/Information July 8, 2021 Deadline for submittal July 15, 2021 - 5:00pm
RFP Review and Interview of Finalists (if necessary) July 27, 2021 Recommendation to City Council August 10, 2021
Targeted Contract Commencement August 30, 2021
PS&E Completion Date July 1, 2022
VIII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein. Any material departure constituting sufficient cause for rejection of the Proposal shall be at the City’s sole discretion. Any and all costs incurred in the preparation and presentation of this submittal shall be borne solely by the respondent.

All submittals received shall become the property of the City of Twentynine Palms and will not be returned. Faxed submittals will not be accepted.

Respondents shall provide three (3) hard copies of their proposal or email an electronic version (PDF) of the proposal by the submittal deadline. Proposals shall be delivered no later than the submittal deadline to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road

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UNSIGNALIZED INTERSECTIONS PROJECT

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Twentynine Palms, CA 92277
EMAIL: [email protected]
If the Respondent is in doubt as to the meaning of any part of this RFP or finds discrepancies or omissions, the Respondent shall submit to the City a written request for information or clarification prior to July 8, 2021. All questions regarding this RFP must be submitted in writing to the attention of Richard Pedersen via email at [email protected]. Respondents are prohibited from contacting members of the City Council or staff regarding this submittal.

Failure to adhere to this provision shall be cause for disqualification from this process.

It is the Respondent's responsibility alone to ensure that the Proposal is received by the City prior to the hour and date noted in this RFP. Any submittals received after that hour and date shall be returned unopened.

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UNSIGNALIZED INTERSECTIONS PROJECT

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Scope of Work 10/05/24
City of Twentynine Palms
Twentynine Palms Highway (SR 62) Sidewalk Project

SCOPE OF WORK
Task 1 – Project Management, Coordination and Administrative A. Kick-off Meeting
DEA will undertake the project tasks as stated in the RFP and as outlined in this Scope of Work.

DEA is prepared to work closely with the City staff, Caltrans, and other affected agencies and utility companies, and property owners, as required during the course of the project.

The project will be initiated with a kickoff meeting to which all involved parties would be invited.

The project team will fully review the design guidelines/criteria prior to the meeting. The probable agenda for this meeting includes:
• Introduction of participants and their roles and responsibilities • Review of the project objectives
• Review of the consultant’s scope of work and level of effort • Input from participants regarding protection of existing facilities, construction requirements, processing time, etc.
• Review of the project schedule
• Collection of the City’s furnished guidelines and data A key success factor in any project is the development of meaningful and productive meetings for their intended purpose. The Project Manager will be responsible for the documentation of all project meetings with the City staff. Meeting notes will be prepared and distributed within five working days to all attendees and others deemed necessary.

B. Internal Coordination
Coordination within the team is also vitally important to the success of the project. Accordingly, DEA will pay special attention to the effective management of staff and community/coordination with subconsultants to assure that they are functioning as an integral part of the team and their performance meets all requirements and expectations.

Our approach to successful, internal team coordination includes the following:
• Team meetings will be held as needed to review progress and to discuss issues. • Ongoing internal coordination by telephone, e-mails, and memos to keep the channels of communication open and the project team in the loop.

C. Ability to Coordinate Agencies
DEA has extensive experience coordinating with multiple agencies including Caltrans, and the numerous other local agencies. Additionally, we have extensive experience with Caltrans District 8 Local Assistance.

D. Project Management Plan
We will prepare and present a Project Management Plan describing the schedule and budget control, communication protocol, stakeholder register and coordination procedures for a smooth execution of

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the project. The work breakdown structure by task; organizational chart; risk register; and quality control plan will be placed in the PMP. A draft copy will be provided for City review and comment prior to finalizing the PMP.

E. Project Meetings
DEA will meet bi-weekly with the City’s project manager during the progress of the design for general coordination. Project meetings will discuss project design and provide an opportunity for coordination with additional stakeholders, in addition to obtaining direction from the City on policy and design issues and review specific project designs and presentation of critical information. Additional technical workshops can be held as needed at City offices or in the field as necessary to discuss and resolve the project designs and issues throughout the duration of the project. We have assumed four meetings directly related to the major submittal phases (PA/ED, 60%, 90% and 100%) over the project period.

F. Progress Reports
Prepare and submit monthly progress reports summarizing the actual work performed, project issues, and status of the project schedule and budget. At minimum the reports will reflect the following:

Highlights of Accomplishments, Current Project Status, Meetings Held, Actions Needed, and Accomplishments Planned for Next Reporting Period.

Task 2 – PA/ED Phase
A. Field Verification/Site Visits
We will conduct a site visit and take photographs to thoroughly document the existing conditions for our design. We will confirm changes that may have occurred within or adjacent to the project limits and verify if the improvement limits are still appropriate. The site visit will include verification of the existing roadway features and surface utilities by comparing with the City and Caltrans provided as-builts, utility documentation obtained during outreach, obtaining measurements for existing roadway features and striping lane widths. We will document potential physical constraints, limitations, or infrastructure concerns to consider in the final design. Special attention will also be given to affirming the potential private property impacts and ROW acquisition likely to be required.

B. Review Previous Utility Information and As-Builts
DEA will coordination with the City to obtain any utility, geotech reports, street improvement plans, box culvert designs and right-of-way information for the project. This research will include searching for available record data from the County (record maps, right-of-way maps, centerline ties, corner records, benchmarks) within or adjacent to the project limits. DEA will gather available information and store in our document control for reference. These maps and reports will be referenced through the final design drawings and preliminary reports.

C. Utility Documentation and Outreach
We will identify the utilities in the area through review of the City files and a lookup request through Dig Alert. We will identify an appropriate contact for each utility and will send a Notice letter identifying the project limits, requesting plans for all utilities in the project area are sent to DEA within 15 business days. Upon receipt, we will catalogue the as-builts and atlas maps in a verified document control system.

Utilities impacting civil design improvements for widening on the north side of the street will be placed into the topographic base map, and utilities will be compiled into a utility conflict matrix. It is unknown and unlikely that utilities will need to be further investigated, but in the event utilities need to be formally investigated via potholing or ground penetration radar, DEA can provide an additional scope and fee for the requested work.

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D. Design Survey
DEA’s surveyor, CL Survey, will conduct ground survey mapping. The survey will be limited to 75- feet on each side of the apparent street centerline. Intersecting streets shall be limited to 50-feet near the intersection with SR 62. For reference, horizontal and vertical control will be established to support ground surveys and mapping. The survey control will be tied into the North American Datum of 1983 (NAD83) and the North American Vertical Datum of 1988 (NAVD 88), unless specified otherwise by the client.

The street centerlines and record rights of way for SR 62 and all intersecting roads, will be computed from publicly available record maps. Research will be conducted at the County of San Bernardino for existing centerline and right-of-way files and/or available cadastral records in support of the centerline and rights-of-way within the project limits. Key centerline monuments will be tied into the horizontal survey control established for this project and utilized in the analysis of the existing centerline and right of way. Field surveys will be performed to collect topographic and cross-sectional information at 25-foot intervals along those portions SR62 and 50’ along all side streets that fall within the project limits. The topographic field surveys will be used for planimetric mapping and include additional survey data for critical tie-in points, surface visible utilities, invert elevations, and other features obscured by vegetation which fall within the survey limits. The topographic survey data will be processed and plotted in CAD. A digital terrain model will be prepared.

E. Geotechnical Investigation
DEA’s geotechnical engineer, Earth Mechanics (EMI), will prepare a Preliminary Foundation Report to provide preliminary geotechnical recommendations for the pre-fab bridge, to assist structural designers in the Type Selection process. This PFR will be prepared using the available subsurface data and the format will be in accordance with the current Caltrans Guidelines.

Caltrans/AASHTO recommends a soil boring at each bridge support location where substructure width is less than 100 feet. Per this, two 80-foot deep borings (one at each abutment) will be performed.

The proposed approximate boring depths will be raised if refusal is encountered. The boreholes will be excavated using a truck-mounted or track-mounted drilling rig. Asphalt concrete cold-patch will be used to replace asphalt that is removed by excavations. EMI will prepare a boring location plan, and this plan will be used to secure the well permits as well as County encroachment permits. EMI will contact Underground Services Alert (USA) and notify utilities as necessary. EMI will provide traffic control per WATCHBOOK, as necessary, for the field exploration.

EMI field personnel will classify and continuously log subsurface soil conditions encountered in the test boring at the time of drilling, and will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the EMI laboratory.

Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing.

Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticipated laboratory tests include: in-situ density and moisture content, grain size, Atterberg Limits, direct shear, UU triaxial, consolidation, and soil corrosion tests.

Laboratory tests will be conducted in general accordance with American Society for Testing and Materials (ASTM) standards or California Test methods.

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Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for the design. The following analyses will be performed for the project:
• Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria, and recommendations of an ARS curve for the bridge structural design. • Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. • Foundation analysis for bridge.
• Assessment of global slope stability.
• Evaluation of soil corrosivity conditions and recommendations for mitigation measures.

EMI will prepare a Foundation Report to provide bridge foundation recommendations. EMI will address any comments resulting from the City review and prepare a final Foundation Report.

F. Develop Conceptual Study and Plan
Based upon the information obtained during site reviews, research, geotechnical data and survey, DEA will review alternatives for determining the feasibility of installing a pre-fabricated pedestrian bridge on the north side of the flood control channel and widening the street. Our team will review alignments that will reconnect with the development just east of Encelia Avenue and development just west of Larrea Avenue in order to mitigate impacts to the traffic signals. Along with the bridge selection report, the study will provide a summary, analysis and conceptual layout of the improvements. DEA will draft conceptual layouts at a scale of 1” = 20’, showing the recommended geometric alignment, sidewalk and bike path and any pertinent civil information that will impact the design. It is anticipated that 5 sheets (4 for street, 1 for bridge location) will be developed. DEA will respond and finalize the layout from one round of comments by the City.

G. Environmental Coordination and Scoping Memorandum
Dokken Engineering will attend up to two meetings with David Evans and Associates, Inc., the City of Twentynine Palms, and Caltrans to discuss environmental approvals associated with the project. The NEPA and CEQA environmental documents for the project were approved in 2013. As the project is on State Route 62, Caltrans is the NEPA and CEQA lead agency. Since the proposed project is within the approved project area footprint, is consistent with the existing project description, and additional right-of-way would not be acquired, it is anticipated that Caltrans would not require an update to the 2013 NEPA and CEQA environmental document. An environmental scoping memorandum, which summarizes environmental approvals that have been completed and provides reasoning why an update to the approved environmental documents is not necessary, can be produced and submitted to Caltrans if requested. However, should Caltrans require an update to the NEPA technical studies and NEPA/CEQA environmental documents, the optional tasks are listed Task 5 below.

Deliverable: Environmental Scoping Memorandum / Meeting Agenda and Materials Task 3 – Final Design Phase
A. Improvement Plans
The 60% plans will provide an overall layout of improvements, provide notes, cover sheet and call out major components of the design. All sheets will be developed at this phase to show the City the overall final layout and where additional information needs to be placed for future submittals. Civil plans will show existing profile of the centerline along with a proposed profile of the proposed flow line for the gutter on the north side of the street and edge of path for the pedestrian improvements

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located off the street. DEA anticipates re-striping the street due to the geometric realignment to the north, requiring full signing and striping plans for the length of the street. Even though the construction is limited to one side of the highway, largely off the existing traveling path, DEA anticipates two phases of traffic control plans.
90% and 100% submittals will be updated based on City comments and providing greater detail and callouts of improvements. Civil plans will be placed at a 1” = 20’ scale, signing and striping and traffic control will be at 1” = 40’ scale, and detail sheets are typically at 1” = 20’ scale. Any driveway designs will be on the civil sheets (no details). The structural plans will be scaled for detail and conform to Caltrans standards.

For the improvement plans, we have anticipated the following sheet count:

Cover Sheet 1
Notice to Contractors 1
Standard Details 1
Typical Cross Sections 1
Civil Plan and Profile - street 7
Civil Plan and Profile – pedestrian 1
Curb Ramps – Mariposa and Lupine 1
Signing and Striping 2
Traffic Control (2 Phases) 4
Structural 5
Bridge Superstructure 2
Total 26
The designs will conform to City of Twentynine Design Guidelines, AASHTO, Caltrans Design Manuals, Caltrans Standard Plans and Specifications, California Manual of Uniform Traffic Control Devices (CAMUCTD), National Association of City Transportation Officials (NACTO) Guidelines, and ADA Standards, and will be prepared in AutoCAD digital plan format. Standardized City borders, cover sheets, general notes, and call-outs will be developed for the civil improvement set. Standardized borders, notes, and layouts will be used for all sheets and will reflect proposed street improvements, including removals, new construction of and modification of existing site facilities, construction details, notes, and typical sections showing the proposed work required for the projects. Please note the plans do not include landscaping, composite utility base maps, WQMP, erosion control plans or a SWPPP.

B. Cost Estimate and Technical Specifications
DEA will provide construction technical specifications for the material and construction requirements which includes description of work entailed for each item listed in the cost estimate. DEA will thoroughly review the specifications against the plans to make sure they are coordinated. All technical specifications will start referencing Caltrans’s 2023 Standard Specifications Divisions II-VI, IX, and XI, modifying the state’s specifications as appropriate for this project. If requested, our team can provide support with the General Requirements and General Conditions for an additional fee.

DEA will provide an opinion of probable construction costs, including a detailed breakdown of work, unit prices, material costs, and total costs, and will include references for chosen unit costs at each submittal. The estimate can include standard line items such as mobilizations, permitting, and construction management. We will include a contingency of varying degree on each progressive submittal. Our team will develop a cost estimate at each phase (including the conceptual phase),

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with the Class 4 estimate submitted at preliminary/conceptual, Class 3 submitted at 60%, Class 2 at 90%, and Class 1 at 100%. These estimates will be in the standardized City format, and the final submittal will be provided to the City in Excel, so that the City can simply eliminate the line item costs and insert into the bidding documents. DEA will offer recommendations for cost savings and value engineering.

C. Legals and Plats – Temporary Construction Easements
Three legal descriptions and plats will be prepared for this project, assumed to be for the three temporary construction easements required. These Legals will be prepared by or under the direct supervision of a licensed land surveyor. It has been assumed that all associated agency fees and title reports will be paid directly by the client and have not been made a part of this proposal.

D. Temporary Construction Easements
At this point in the project, DEA anticipates obtaining three temporary construction easements for the project, two for the properties located just west of Mariposa and one staging area. DEA’s subconsultant Paragon will obtain and review the preliminary title reports, along with underlying documents of the impacted parcels. Any findings, such as reciprocal easements, restrictive covenants, land-sale contracts, licenses, defects in chain of title, non-released liens, etc., which could have a design and/or cost impact on the City’s ability to obtain property rights, will immediately be brought to the attention of the Project Team, along with recommended resolutions.

Appraisal reports will be prepared for the necessary temporary property rights required for project.

Valuations will include a determination of the Highest and Best Use of Properties, an analysis and determination of the “larger parcel” (as defined by: Use, Contiguity, Common Ownership).

Appraisals will be in compliance with Caltrans requirements and USPAP (Uniform Standards of Professional Appraisal Practice). Review appraisals will be provided for each appraisal, and in accordance with Caltrans, state and federal laws and the Town’s policy, as required.

Paragon will perform an independent review of the appraisal reports and prepare recommendation of just compensation which will be submitted to the Town for approval.

Following the Town’s approval of Just Compensation, Paragon will present the Town’s written offer to the owner. Easement rights will be performed in accordance with the Uniform Relocation and Real Property Acquisition Act (49 CFR Part 24); the California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations).

The agent will personally meet and negotiate in good faith with each property owner, or their agent or representative, at appointed times convenient for them to present offers, explain the process, and gather information to obtain the required executed documents.

Our team’s escrow coordination includes facilitating the clearance of title matters as set forth in the escrow instructions, obtain subordination agreements from lienholders, secure consent agreements from conflicting easement holders and review settlement statement for accuracy.

E. Caltrans Encroachment Permit
DEA, with the assistance of Dokken Engineering, will meet with the assigned Caltrans District 8 Permit Engineer to discuss the permitting requirements for acceptance of the improvements along the Caltrans R/W. As part of the meeting, the team will discuss applicable standards and requirements along with information required for the full permitting process. At the 90% level, DEA will submit a Caltrans permit and include the applicable information such as traffic control plans, environmental clearance and letters from the City.

Work in this task will include the preparation of the anticipated Design Standard Decision Document (DSDD) will be required by Caltrans. Because the recommended street sections include shoulders

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of 4-feet, which do not meet the Caltrans design standards of 8-feet minimum, a The DSDD is needed for the approval of the design exception to allow for the 4-foot shoulders.

Work under this task also includes the preparation of the Caltrans Encroachment Permit applications and the response to Caltrans comments during the permit review/processing, and any necessary meetings with Caltrans for the processing and approval of the plans and permit. DEA’s fee assumes a budget of approximately one-hundred (100) work-hours. If work-hours expended approaches said limit Client shall be notified and mutual agreement shall reached for additional services.

F. San Bernardino County Flood Permit
Twentynine Palms Wash, which is located within the Project area, is a San Bernardino County Flood Control District (SBCFCD) maintained facility. Additionally, the parcels surrounding Twentynine Palms Wash are considered SBCFCD property. Since improvements may require work or access within SBFCD property, a flood control permit may be needed. DEA staff will coordinate with the SBCFCD early in the environmental phase to determine which type of flood control permit will be necessary. Waste Discharge Permit, 1602 Streambed Alteration Agreement, Section 404 Permit, 401 Water Quality Certification and permit fees are optional and can be included for additional scope and fee once the County establishes the requirements for acceptance of the project.

Work under this task includes the preparation of the Encroachment Permit Application and processing of the permit. The processing of the permit with the County Flood Control District will include any necessary meetings with them to review any plan review comments and processing of the permit. DEA’s fee assumes a budget of approximately fifty (50) work-hours. If work-hours expended approaches said limit Client shall be notified and mutual agreement shall reached for additional services.

Task 4 – Construction Support
A. Bid Support Services
As requested, DEA will assist the City of Twentynine Palms staff in the processing of the bid and construction process. This includes the attendance to the pre-bid conference and to assist the City in the reviewing of the bids.

DEA will provide the following services to facilitate construction bidding:

1. Attend Pre-bid Meeting

2. Responding to Contractor RFI’s.

3. Preparation of Addendums

4. Attend Bid Opening Meeting at City.

5. Review bids and verify recommendation for Bid Award.

B. Construction Support Services
As requested, DEA will assist the City of Twentynine Palms staff during the construction process. This includes the attendance to the pre-construction meeting and to assist the city in the coordination with the City of Twentynine Palms staff, property owners and residences and other agencies. Work also includes answering and questions during construction and preparation of any necessary bid addendums and processing of change order requests.

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DEA will provide construction support services, and Work will include the following elements; ◼ Review contractors’ schedule and identify responsibility for tasks including inspection, meetings, shop drawing reviews, permits, field meetings, survey, and other activities for compliance with contract documents. ◼ Assist in quality assurance to achieve conformance with contract documents. ◼ Provide shop drawing reviews and notification log book. ◼ Attend meetings, as necessary, with City to discuss project activities, review progress, schedule, and budget.
◼ Coordinate with City and public utility agencies during construction. ◼ Log, review, and provide responses to contractor Requests for Information. ◼ Log, review, and respond to Contractor material Submittals. ◼ Review Contractor Change Order requests.
◼ Prepare Plan Revisions as requested by City to accompany any change orders. ◼ Prepare a “Punch List” of items requiring post installation attention by sign contractor.

As requested, DEA will attend the construction meetings with the Contractor and City. We anticipate attending bi-weekly meetings during the duration of the construction.

C. As-Built Plan
Upon the completion or the construction, DEA will prepare the As-Built plans for the project.

DEA will incorporate all redline comments prepared by the Contractor and Project Inspectors on the signed design plans. The Record Drawings will be provided to the City and approved prior to the release of the final progress payment. We will provide electronic Record Drawings in AutoCAD format.

Task 5 – Environmental Reports – Optional Tasks
Task 5.1 Hazardous Waste Initial Site Assessment Addendum (NEPA) If requested by Caltrans, an Initial Site Assessment (ISA) Addendum will be prepared to document the updated records search, and to provide any additional testing or remediation recommendations if potential hazardous materials or past activities related to hazardous materials are identified that were not previously discussed in the 2010 ISA. If hazardous materials or past hazardous material activities are identified, work plans and investigations will also occur.

Deliverable: Hazardous Waste Initial Site Assessment Addendum Task 5.2 Natural Environment Study Addendum (NEPA)
If requested by Caltrans, Dokken will perform a comprehensive biological survey of the project area to identify any changes in the biological environment since approval of the previous 2011 Natural Environment Study (NES). Prior to performing the field surveys, Dokken will obtain an updated special status species list from the California Natural Diversity Database and from the US Fish and Wildlife Service. These records will identify any new occurrences of special status species in the project area since 2011. Dokken will summarize the results of the database search and field surveys into an addendum to the NES to update the original technical report. If any new impacts to biological resources are identified that were not addressed in the 2011 NES, additional avoidance, minimization, and/or mitigation measures may be required.

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Since the project area is within the Bureau of Land Management category III habitat, Western Mojave Recovery Unit for the Desert Tortoise, and is within the known range of the species, focused (Presence/Absence) surveys were conducted for the species on April 19, 2010 and results were documented in a Desert Tortoise Habitat Assessment and the NES. The 2011 NES concluded that potential for occurrence of this species was considered low. Preliminary research of current conditions determined that potential for occurrence remains low; however, should focused surveys for the species be required, an optional task (Task 5.3) is presented below.

Deliverable: Natural Environment Study Addendum
Task 5.3 Desert Tortoise Focused Survey and Habitat Assessment If requested by Caltrans, Dokken’s sub consultant, ECORP, will perform the protocol-level desert tortoise survey according to the guidelines for a presence/absence survey in the United States Fish and Wildlife Service (USFWS) document Preparing for Any Action That May Occur within the Range of the Mojave Desert Tortoise (2019). The protocol-level desert tortoise survey will be performed by biologists who are experienced in surveying for and identifying desert tortoises and their sign (e.g., burrows, scats, tracks, carcasses). The survey will consist of biologists walking pedestrian transects spaced no more than 10 meters apart to provide 100-percent coverage of the project site plus an appropriatelysized buffer (typically 300 feet from the project boundaries). Concurrent with the protocol-level survey, the desert tortoise biologists will perform a desert tortoise habitat assessment mapping effort throughout the project site and survey buffer. Habitat present on the project site will be categorized into three habitat suitability categories: Suitable, Marginal, and Unsuitable. During the habitat mapping effort, biologists will assess the habitat present for its suitability to support desert tortoise. Within four to six weeks following the survey, a results report will be prepared that documents the results of the literature review, habitat suitability mapping effort, and protocol-level survey. An analysis comparing the results of the current surveys with the previously conducted surveys (from 2010) will also be included in the report.

This task does not include costs associated with agency (CDFW or USFWS) consultation or coordination, nor does it include preparation of permit applications. If the need arises to consult or coordinate with one or both of the agencies, or prepare permit applications, then an additional scope and cost may be necessary. Additionally, this assumes no new impacts to desert tortoise habitat will occur as a result of the additional ROW purchased.

Deliverable: Desert Tortoise Survey, Habitat Assessment, and Report Task 5.4 Paleontology Technical Memorandum Addendum (NEPA) If requested by Caltrans, Dokken’s sub consultant, Cogstone, will prepare an addendum to the Paleontology Technical Memorandum which will include a paleontological records search, background research, and windshield survey. This addendum will include an updated discussion on the potential for paleontological resources in the project area and the need, if any, for additional paleontological investigation.

Deliverable: Paleontology Technical Memorandum Addendum Task 5.5 Supplemental Historic Property Survey Report/ Archaeological Survey Report (NEPA)
If requested by Caltrans, Dokken will prepare a Supplemental Historic Property Survey Report (HPSR) to update the cultural resources evaluation prepared for this project in 2011. The Supplemental HPSR will include an updated record search from the California Historic Record Information System, updated pedestrian survey, as well as updated Native American Consultation for both Section 106 and AB 52 compliance (CEQA). Although no new cultural resources are expected to be identified, if the record

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search or Native American consultation does identify new concerns, a more substantial update to the cultural resources record may be necessary and is not included in this scope of work.

Additionally, Dokken will prepare a Supplemental Archaeological Survey Report according to Caltrans specifications. The supplemental ASR will include the results of Native American consultation, which will be reinitiated, and updated research methods and results.

Deliverable: Supplemental Historic Property Survey Report/ Archaeological Survey Report Environmental Documentation
Task 5.6 CEQA IS/ND Addendum
The project was approved under CEQA using an Initial Study with Negative Declaration in 2013. If requested by Caltrans, Dokken will prepare the Addendum to the IS/ND in coordination with the City.

No public circulation or City council approval is required for the Addendum.

Deliverables: CEQA IS/ND Addendum
Task 5.7 NEPA CE Revalidation Form
If requested by Caltrans, Dokken will prepare a draft NEPA Revalidation Form for Caltrans which includes all updates to the project, such as changes in the environmental setting, changes in the environmental circumstances (none expected), changes to environmental impacts of the project, and changes to the avoidance, minimization, and/or mitigation measures since the 2013 CE was approved.

A summary of the content of all the updated environmental technical studies will be included in the revalidation form and a revised Environmental Commitment Record will be provided as an attachment.

Deliverables: Draft and Final NEPA CE Revalidation Form

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COST PROPOSAL WORKSHEET - SCOPE
COMPANY: DATE: REV:
0 TASK ORDER:

Twentynine Palms - SR 62 Improvement from Encelia Ave to Larrea Ave Rob Kilpatrick -
Principal and
Geometrics
Steven
Anderson -
Project Manager
Eddie Guerrero -
QA/QC and
Calming
Marie Marston
Civil Design
Ryan Williams -
Civil Design
Francois
Zugmeyer -
Hydrology
Abigail Hartman -
Plans and Specs
Armen Ware -
Utilities
Brett Karnes -
Structural Lead
Antonio Mititiero -
Structural
Designer
Josh Goodall -
Structural QC
Jim Culpepper -
Structural CADD
Marga Rosso -
Admin Support
$79.06 $112.46 $96.00 $96.78 $52.10 $84.40 $47.34 $40.54 $68.30 $49.92 $69.74 $61.14 $42.70 2017 Billing Rate $240.17 $341.63 $291.63 $294.00 $158.27 $256.39 $143.81 $123.15 $207.48 $151.65 $211.86 $185.73 $129.71 Task 1 $41,265
6 16 8 30 $9,259 $0 2.1% $9,259
4 30 20 8 62 $18,749 $0 4.3% $18,749
2 4 8 14 $3,010 $0 0.7% $3,010
2 4 2 2 4 14 $3,552 $0 0.8% $3,552
12 20 32 $6,694 $0 1.6% $6,694
Task 2 $130,236
8 12 12 32 $7,747 $0 1.8% $7,747
4 8 12 $2,352 $0 0.5% $2,352
2 4 20 26 $4,322 $0 1.0% $4,322
2 6 6 4 18 $4,787 $0 1.1% $4,787
4 8 12 $2,633 $32,880 $32,880 8.6% $37,157
8 2 10 $3,321 $26,290 $26,290 7.2% $30,926
4 4 2 8 80 16 40 154 $27,779 $0 6.4% $27,779
2 2 4 20 2 10 40 $7,456 $0 1.7% $7,456
2 6 8 $2,530 $4,935 $4,935 1.8% $7,712
Develop Conceptual Study and Plans
Finalize Conceptual Study and Plans
Utility Documentation and Conflict Matrix
Review As-Builts and Previous Report
Design Survey
Geotechnical Investigation
Site Visits (2)
Review Previous Utility Information
Paragon (R/W)
Monthly Reporting and Administrative
Project Management, Coordinating and Administration
Project Design Team Meetings with City (4 submittal and bi-weekly) Project Management Plan - Quality Management Plan
Kick-off, Initial Scope and Schedule
David Evans and Associates
PA/ED Phase
Project Management and Coordination
David Evans and Associates 10/05/24
Subconsultants

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Rob Kilpatrick -
Principal and
Geometrics
Steven
Anderson -
Project Manager
Eddie Guerrero -
QA/QC and
Calming
Marie Marston
Civil Design
Ryan Williams -
Civil Design
Francois
Zugmeyer -
Hydrology
Abigail Hartman -
Plans and Specs
Armen Ware -
Utilities
Brett Karnes -
Structural Lead
Antonio Mititiero -
Structural
Designer
Josh Goodall -
Structural QC
Jim Culpepper -
Structural CADD
Marga Rosso -
Admin Support
$79.06 $112.46 $96.00 $96.78 $52.10 $84.40 $47.34 $40.54 $68.30 $49.92 $69.74 $61.14 $42.70 2017 Billing Rate $240.17 $341.63 $291.63 $294.00 $158.27 $256.39 $143.81 $123.15 $207.48 $151.65 $211.86 $185.73 $129.71 Paragon (R/W)
David Evans and Associates Subconsultants

TOTAL DEA
COST
% of
Total
Labor
Fee
Earth Mechanics
(geotech)
Total Amount
TOTAL
DEA
HOURS
TOTAL
Subs
COST
Scope of Work Description
CL Survey (survey)
Dokken
(environmental and
Caltrans permit)
Task 3 $259,993
2 12 4 32 40 200 16 306 $52,217 $0 12.1% $52,217
6 26 35 20 35 122 $23,490 $0 5.4% $23,490
6 2 40 48 $7,877 $0 1.8% $7,877
1 6 12 16 35 $5,752 $0 1.3% $5,752
4 8 6 6 6 4 34 $6,421 $0 1.5% $6,421
1 4 2 14 6 88 6 121 $20,650 $0 4.8% $20,650
4 20 22 20 20 86 $16,804 $0 3.9% $16,804
4 1 12 17 $3,028 $0 0.7% $3,028
8 4 2 80 94 $15,376 $0 3.6% $15,376
1 2 5 6 14 $2,338 $0 0.5% $2,338
4 6 4 4 16 4 6 44 $8,664 $0 2.0% $8,664
1 2 1 10 4 52 4 74 $12,759 $0 3.0% $12,759
3 12 12 16 43 $8,306 $0 1.9% $8,306
4 1 12 17 $3,028 $0 0.7% $3,028
6 4 1 60 71 $11,728 $0 2.7% $11,728
3 1 2 2 3 12 8 4 35 $7,112 $0 1.6% $7,112
8 16 20 40 84 $19,020 $3,000 $3,000 5.1% $22,170
6 16 4 20 46 $10,959 $1,000 $1,000 2.8% $12,009
4 4 $1,367 $2,000 $16,000 $18,000 4.7% $20,267
Task 4 $42,117
8 20 20 20 6 74 $15,574 $0 3.6% $15,574
8 30 30 30 6 104 $22,011 $0 5.1% $22,011
4 20 24 $4,532 $0 1.1% $4,532
Task 5 $32,472
2 2 $683 $5,898 $5,898 1.6% $6,876
2 2 $683 $9,701 $9,701 2.5% $10,869
2 2 $683 $13,375 $13,375 3.4% $14,727
2 2 $683 $8,971 $8,971 2.3% $10,103
2 2 $683 $11,465 $11,465 2.9% $12,722
2 2 $683 $9,743 $9,743 2.5% $10,913
2 2 $683 $4,958 $4,958 1.4% $5,889
76 202 15 148 172 18 695 83 92 87 60 81 30 1,961
$18,253 $69,009 $4,374 $43,512 $27,222 $4,615 $99,948 $10,222 $19,088 $13,193 $12,711 $15,044 $3,891 $341,084 $34,880 $8,935 $16,000 $26,290 $86,105 100% $431,494 $1,800 $1,800 $800 $15,600 $20,000
$451,494
$83,781 $236,321 $526,083
Hazardous Waste ISA Addendum (NEPA)
Natural Environment Study Addendum (NEPA)
Desert Tortoise Focused Survey and Habitat Assessment
Paleontological Technical Memorandum (NEPA)
Supplemental HPSR/ASR (NEPA)
CEQA IS/ND Addendum
Total for Phases 1-3 and Reimbursable =
90% Improvement Plans - Signing and Striping
100% Cost Estimate and Technical Specifications
100% Improvement Plans - Structural and Calcs
Bid and Construction Support Phase (Optional)
Legals and Plats - Temporary Construction Easements
Environmental Documents (Optional)
60% Comment Resolution
90% Comment Resolution
CEQA IS/ND Addendum
Total Labor
Note: (a) The stated rates are for 2024 and are subject to annual escalation, the rate of increase will be tied for the cost of goods as provided by the CPI-U: Los Angeles-Riverside-Orange County @ www.bls.gov Subtotal for Reimbursable =
Grand Total =
Subtotal for Tasks 1-3 =
Total Hours
60% Improvement Plans - Signing and Striping
60% Improvement Plans - Title, Details, Civil and Utility Base 100% Improvement Plans - Signing and Striping
100% Improvement Plans - Traffic Control
As-Builts
90% Cost Estimate and Technical Specifications
Caltrans Encroachment Permit
San Bernardino County Flood Permit
Bid Support
Construction Support
60% Improvement Plans - Structural
90% Improvement Plans - Title, Details, Civil and Utility Base 90% Improvement Plans - Traffic Control
100% Improvement Plans - Title, Details, Civil and Utility Base 60% Cost Estimate and Technical Specifications
90% Improvement Plans - Structural and Calcs
Final Design Phase

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STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Jan 14 2025
SUBJECT: Award an Agreement for Design Services for the Hatch Road and Sullivan Road Bike Path Project.

RECOMMENDATION:

1. Award a contract to HRGreen Pacific for the“Hatch Road and Sullivan Road Bike Path Project” subject to “Approval as to Form” by the City Attorney and “Approval as to Content” by the City Manager in the amount of $518,930.50.

2. Authorize the City Manager to execute all documents necessary to enter into the Agreement including any necessary amendments.

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:
• Hatch Rd and Sullivan Rd BP
Agreement
• HR Green COST PROPOSAL
to Twentynine Palms - Hatch
Road and Sullivan Road Bike
Path Rev 8-27-24
BACKGROUND:

The City of Twentynine Palms received State-Only MPO funding as part of ATP Cycle 6 funding for PA&ED, ROW, PS&E and Construction phases of the Hatch Road and Sullivan Road Bike Path project. The segment is an east-west corridor located south of Twentynine Palms Highway (SR-62) on Sullivan Road and Hatch Road between Morongo Road and Amboy Road. Once completed, the segment will include 2.1 miles of paved shoulders to provide Class II bike lanes and a pedestrian walking area.

The City solicited a Request for Proposal (RFP) through its online portal and website and received two proposals.

Each firm was interviewed virtually by City staff, and HRGreen Pacific was selected for the following reasons:
 Quality of proposed Project Manager and Staff
 Experience with similar projects
 Demonstrated ability to provide creative solutions to challenges regarding right of way  Level of research conducted prior to the interview
With a consultant selected, Staff reviewed their cost proposal. HRGreen’s estimated costs for this project is $518,930.50 which is within the estimated programed budget.

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For all the reasons mentioned above, Staff recommends that HRGreen Pacific be awarded a Professional Services Agreement for the Hatch Road and Sullivan Road Bike Path Project.

ENVIRONMENTAL:

The contract includes Environmental Services to provide the necessary Environmental Documentation/Clearances for the bike lane project.

ALTERNATIVES:

The City Council could choose not to award the contract.

FISCAL IMPACT:

The City received an ATP grant for $3,480,000 which is programmed to reimburse the City for the following phases:

Preliminary Engineering and Environmental Document. $60,000 Plans, Specifications, and Engineer's Estimates. $220,000 Right of Way. $200,000
Construction $3,000,000
Each phase requires that the City obtain funding obligation from the California Transportation Commission (CTC) and to complete that phase prior to starting and obligating funds for the next phase. Currently, the City has obligated the first phase for $60,000. Once the environmental phase is completed, the City will obligate the next phase, Plans, Specifications and Estimates, PS&E, of the project. It is recommended that the City award the contract to HR Green which includes services for each phase with the understanding that the payment of services will be reimbursed from the CTC after each phase has been approved and completed.

The agreement indicates that the City will be reimbursed at 100% up to the amounts listed above. Per the attached fee schedule, HR Green will be utilizing the portion of the Construction budget to provide construction oversight services.

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CITY OF TWENTYNINE PALMS

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of January 14, 2024, between the City of Twentynine Palms, a municipal corporation ("City") and HRGreen ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on January 14, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. A one-year extension is allowed if agreed by both parties.

Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant represents it holds the necessary skills and abilities to perform the work as set forth in this Agreement, and City relies upon the skills and abilities of Consultant. Consultant shall perform the work and services under this Agreement in accordance with such heightened standard of work and in accordance with the accepted standards of the professional disciplines involved in the tasks described herein.

4. CITY MANAGEMENT
City's Director of Public Works/City Engineer shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary

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documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) Except as otherwise stated herein, the City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. The total amount authorized by this Agreement shall not exceed Five Hundred Eighteen Thousand Nine Hundred Thirty Dollars and Fifty Cents ($518,930.50), which includes the base fee as outlined in Exhibit A and a contingency amount if authorized by the City, for the total term of the Agreement unless additional payment is approved as provided in this Agreement (“Total Agreement Amount”). (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Based on the City’s procurement regulations, only the City Council may authorize additional work in connection with this Agreement. (c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include the contract amount, invoice amount to date, and balance remaining.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
(d) Prior to signing the Agreement, Consultant shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. All of City’s monetary obligations set forth in this Agreement are conditioned upon City’s receipt of an executed W-9 form from Consultant. (e) Notwithstanding Consultant’s delivery of invoices to City and/or other remedies available to the City, City may retain ten percent (10%) of the payment on each month’s invoice, on a cumulative basis, until Consultant has completed all of the tasks set forth in Exhibit A.
(f) Notwithstanding Consultant’s delivery of invoices to City and/or other remedies available to the City, if Consultant has not delivered to the City the required certified insurance policies and endorsements within the time required by Section 10(f) (3) of this Agreement, City has the sole discretion to withhold any and all payments to Consultant until Consultant delivers to the City the certified insurance policies and endorsements required by Section 10 of this Agreement.

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6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5.
(c) Except as otherwise provided herein and prior to the termination date of this Agreement, this Agreement may be terminated by written consent of both the City and the Consultant.

The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

9. INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, Consultant shall protect, indemnify, defend and hold harmless City and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the actions or failure to act of Consultant, its officers, agents, employees or subcontractors, or any entity or individual that Consultant shall bear the legal liability thereof.

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(b) Indemnification Provisions Pertaining To Subcontractors And Others Performing Work.

Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.

10. INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant shall maintain insurance in conformance with the requirements set forth below.

Consultant shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.

Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. All Sections of this Agreement and any provision in City's Request for Proposal and Consultant's submitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent that any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability Insurance – Written on the Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another.

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(2) Business Auto Coverage –Written on the ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each person. (3) Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer's Liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its officers, officials, employees, or agents. (4) Professional Liability or Errors and Omissions Insurance as appropriate to the Consultant’s profession - Written on policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

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the Agreement.
(c) Deductibles and Self-Insured Retention. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to selfinsure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or the Consultant to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager. (d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:
(1) General liability and umbrella policies shall cover the City, its officers, officials, employees, agents, and volunteers are to be covered as insureds or additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO-CGL policy with an edition prior to 1992, or other form as expressly approved by City, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. In no event shall the Consultant use an additional insured endorsement with an edition date of 1992 or later, absent express written authorization by City. Consultant also agrees to require all contractors and subcontractors to do likewise. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

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Consultant expressly waives any claim against City for any covered act or event, and Consultant's insurance policy shall not prevent such waiver. The limits of insurance required herein shall in no way limit the liability of the party providing the insurance. In addition, if the coverage or limits available to Consultant exceed that required by this Agreement, and the loss incurred by the additional insured exceeds the amount required by this Agreement, it is the parties' intent that all such additional coverage and limits available will apply irrespective of the specific coverage or limits required herein. (4) No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss.

Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. (5) All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(6) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
(7) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

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(8) Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(9) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(10) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
(11) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
(12) The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. (13) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. (14) Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of

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A or better and a financial size of VII or greater, unless otherwise acceptable to the City.
(f) Verification of Coverage and Notice of Cancellation. (1) Consultant shall immediately furnish to City certificates of insurance or endorsements, satisfactory to City, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured City prior to any termination, suspension, cancellation, or non-renewal, or the reduction of available coverage, or any change in the terms of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
(2) Consultant agrees that if Consultant commences work under this Agreement without first providing City copies of the required insurance certificates or endorsements, that Consultant does so at its own and sole risk. In the event Consultant's insurance is not acceptable to City or copies of insurance certificates or endorsements are not provided, City shall have no obligations to compensate Consultant for such work unless Consultant possesses a notice to proceed from City for this work.
(3) Within sixty (60) days of the commencement of this Agreement, Consultant shall furnish certified copies of the actual policies and endorsements. Failure to submit such policies shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. If proof of any insurance required under this Agreement is not delivered as required or if such insurance is canceled at any time and no replacement coverage is provided, City shall have the right but not the duty to obtain any insurance it deems necessary to protect its interests under this Agreement, express or implied, in any way relating to City. Any premium for such coverage shall be charged to and promptly paid by Consultant or, at City's option, may be deducted from sums due to Consultant.

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(4) In the event of the premature termination of this Agreement for any reason, Consultant agrees to maintain the required insurance coverage until City provides written authorization to terminate the coverage following a review and determination that all liability posed under this Agreement as to the party providing the insurance has been eliminated.
(5) Except as outlined in Section 10(b) (3) above, Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. (6) Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. Consultant agrees to provide immediate notice to City of any claim or loss likely to involve City or its employees or agents which exceeds $2,500 or is likely to exceed that amount arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
.
(h) Sub-Consultant Insurance Requirements. Consultant agrees to require that all parties, including but not limited to sub-Consultants and additional Consultants or professional services with whom Consultant enters into contracts or whom Consultant hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant acknowledges and agrees that upon request, all agreements with sub-Consultants and others engaged in the project contemplated by this Agreement will be submitted to City for review. Consultant agrees and acknowledges that such contracts may require modification as to the insurance requirements necessary to properly protect City. (i)

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11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Twentynine Palms in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of TWENTYNINE PALMS will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subConsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub-Consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

To City: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Attention: City Clerk

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To Consultant: HRGreen Pacific
44651 Village Court, Suite 123
Palm Desert, CA 92260
Attention: Chase Keys

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Chase Keys, Tina York, and Timothy Hartnet shall perform the services described in this Agreement.

Chase Keys may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Chase Keys from Consultant's employ. Should they leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of TWENTYNINE PALMS.

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21. SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

22. NO PRESUMPTION REGARDING DRAFTER OF THIS AGREEMENT
The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same.

23. ATTORNEY’S FEES
If any action at law or suit in equity, including an action for declaratory relief, is brought by either party with respect to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, in addition to any other relief to which it may be entitled, and such amount may be added to, and made a part of, such judgment.

24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TWENTYNINE PALMS
By:___________________________
Stone James, City Manager
Attest:
________________________________
Cindy Villescas, City Clerk
Approved As to Form:
________________________________
A. Patrick Munoz, City Attorney

CONSULTANT
By:___________________________
Timothy J Hartnett, Vice President
By:_____________________________
Jason Poppen, Secretary

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EXHIBIT A
CONSULTANT’S PROPOSAL/TASKS TO BE PERFORMED

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Project Understanding and Approach
Hatch Road and Sullivan Road provide an important alternate route for bicyclists that parallels the State Highway 62 affording users greater safety due to less vehicular traffic and lower design speed. However, the road section varies greatly over the 2+ miles of road that requires widening in some locations to accommodate a striped 5-foot bike lane and pedestrian walking area. Additionally, utility conflicts and drainage impacts must be considered in the design of the street improvements.

HR Green has a long history of assisting municipal clients with their infrastructure projects from infancy through design and into construction. The City of Twentynine Palms is in need of a design of street improvements that addresses the inconsistent street width, removes or relocates utility poles and other conflicting structures and acquires any new right of way where necessary to accommodate bicyclists and pedestrians.

Our team has a great understanding of the challenges and opportunities to improve Hatch Road and Sullivan Road for bicycles, pedestrian and vehicle transportation, along with a staged approach that minimizes the inconvenience to adjacent properties owners. Every project is unique; each offering specific challenges, opportunities, and goals. We believe our approach will demonstrate our specific understanding of your project.

Below you will find detailed explanations of the challenges/opportunities we have noted from site visits to observe existing conditions, witnessing traffic flows, and grasping potential project issues. The following observations were noted as key issues for the proposed improvements:

Utility Interference
We will perform an exhaustive review of the utilities in this corridor that will provide the most cost-effective means of either moving utilities or the street improvements to avoid unnecessary relocations. The SCE, fiber optic and gas lines in the area will require close coordination with these utilities to direct relocation where the city has prior rights or negotiate relocations where the street improvements cannot be adjusted.

Right-of-Way Challenges
From a preliminary review of the County Surveyor records it appears there may be areas where additional right-of-way will be necessary to accommodate the proposed street improvements. Once preliminary design is submitted and approved HR Green’s subconsultant, EPIC, will perform a detailed analysis of any necessary additional right-of-way that must be acquired from the adjacent property owners.

Up to 7 property acquisitions are included in our proposal.

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HR Green will prepare Right-of-Way Plans, which will be separate drawings from those used for design and construction details. The Right-of-Way Plans will show alignment, removal of improvements, drainage facilities, property lines and ownership, other land survey information, and existing right of way/known easements. We will also include plan details, which will require additional right of way or easements during the construction phase of the project such as grading limits, temporary erosion control, etc. Right-of-Way Plans include title sheet, typical sections, and plan view only sheets. Areas of new right-of-way, permanent easements and/or temporary easements required from each individual property owner will be shown in tabular form on the respective sheets.

Street Infrastructure Rehabilitation
Although not specifically mentioned in the RFP the street condition within the project may warrant a slurry seal at minimum with dig outs as specified locations. This will provide a uniform look for the project corridor after construction of the proposed improvements.

Already Improved Sections
Some sections of the corridor have widened sections with concrete curb and gutter with sidewalk. HR Green will provide alternatives/recommendations on how to best navigate these portions of the corridor to best incorporate the new bike lanes with these sections.

Provide safe and ADA compliant crossing at Sullivan Road and Adobe Road Intersection
Safe and ADA compliant street crossings and curb ramps are a valued commodity amongst government agencies and cities. HR Green has helped dozens of agencies to become compliant in Southern California. Through our tour of the project, it appears pedestrian/bicyclist crossing at Sullivan Road and Adobe Road could be improved to create a safer more accessible crossing. HR Green can work with the City to determine the best and most economical solution for this intersection.

Environmental (CEQA) Compliance
Terra Nova is working with HR Green to provide CEQA services to the City.

Based on the project plans, an Initial Study will be prepared, likely leading to a Mitigated Negative Declaration. Technical studies will be prepared for air quality and greenhouse gas emissions, biological resources and cultural resources.

Focused surveys for burrowing owl and desert tortoise may be required if the species are found in the project area and have been included as an optional item in the project budget. The Initial Study will include all of the required sections of the CEQA checklist and will be prepared in the City’s format. The City will review the Initial Study and provide comments, and a final draft will be prepared

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and distributed to the City’s list of responsible and trustee agencies. The final document will be approved by the City, either at the staff level or by the Planning Commission or City Council, consistent with the City’s procedures. The scope of work also includes the preparation of the Notice of Intent and Notice of Determination and posting of these notices with the County and State Clearinghouse.

Critical Tasks
HR Green’s project team has created a unique approach that will demonstrate our ability to develop technical alternatives, creatively provide solutions to problems, and to understand what is most critical to you and the citizens of your community.

To achieve project success, HR Green understands the following tasks to be critical:

1. Identify Existing Conditions
This step in the process involves documenting specific characteristics and features in the project footprint and identifies opportunities and constraints for new improvements. The most important types of data include roadway geometry, existing underground infrastructure, existing overhead utilities, and existing rights-of-way.

2. Evaluate Existing Conditions
Existing conditions are evaluated as to how they relate to project goals and recommended design guidelines. The purpose of this comparison is to identify the location, type and magnitude of existing deficiencies. This step is critical in providing valuable direction in the development of new alternatives.

3. Utility Coordination
The project team offers experience in coordinating with private utility companies. This includes notifying and securing as-built drawings for all utilities within the project area. It is also recommended that Utility Coordination Meetings be held after the 30% and 60% submittals to further coordinate any potential adjustments or relocations. We will also work with the utility companies to establish corridors for relocation.

4. Project Schedule and Budget
With the goal of final documents submittal, it will be critical to establish design criteria early in the design development process. Also, early coordination with utilities impacted by the project will ensure that needed relocations can be scheduled and do not impede construction. Finally, a well-prepared set of construction documents will ensure a top-quality project completed on schedule

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and on budget.

Factors that may impact the project budget include:
• Project location, size, schedule, constraints, and construction staging • Bidding climate/ timing, contractor capacity and price trends for various materials • Various construction methods may require specific equipment, operating clearances or on-site material storage space
• Risk management that is inherent to underground construction projects, such as “buried surprises”
• Construction document quality and completeness
• Use of procedures, equipment and materials consistent with accepted standards and practices
• Verification and validation of existing conditions and features to avoid surprises • Anticipating, addressing and complying with necessary permit and approval processes
• Schedule that considers various factors including specific regional traffic needs and access needs

5. Identify Recommended Goals, Objectives and Opportunities Addressing goals and objectives early in the process has several advantages.

First, they create awareness, and second, they provide direction in the development of alternatives. Finally, they create a set of criteria against which alternatives will be objectively evaluated.

A typical set of objectives could include:
• Improve the expected life cycle of the proposed roadway • Promoting safety for both motorists and bicyclists/ pedestrians • Providing reasonably convenient access to adjacent properties during construction • Improving corridor image and aesthetics
S e r v i c e s t o b e P r o v i d e d b y t h e C i t y Pursuant to the RFP, under the Scope section: PS&E Phase, Final Engineering, 3.

The City of Twentynine Palms will provide the following:
• Available “As Built” drawings
• Boilerplate Special Provisions & Contract Documents in Microsoft Word • Project bidding services and inspection
• In addition, HR Green requests:
• Providing any key utility contacts for coordination

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• Providing City standard title block and cover sheet
• Coordination with Caltrans Local Assistance for environmental clearance and PS&E phase authorization
• Assistance with coordination and negotiation of ROW acquisition • Plan comments and final plan approval
The assistance needed as provided above is typical of City project management time. HR Green will not ask the City to participate in any data collection or field work to assist the design team. However, it is sometimes helpful for the City to walk the project with the design lead at the roughly 60% stage to get a clearer understanding of the project layout. This is not required and will not be requested and will be at the sole option of City staff.

A s s u m p t i o n s a n d l i m i t a t i o n s

1. All city permits and fees will be covered by the city.

2. No further traffic analysis will be required.

3. Full-time construction observation is not included.

4. A maximum of 40 hours will be required for bid support.

5. No right-of-way acquisition beyond the above-mentioned seven (7) parcels will be required.

6. Eminent domain will not be required for any right-of-way acquisition.

7. Environmental clearance will not be required beyond an ISMND.

8. No detailed hydrology or hydraulics will be required for drainage design.

9. Nothing beyond what was included within the RFP scope of work will be required.

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HR GREEN - FEE PROPOSAL DETAIL - R1
PROJECT NAME: HATCH ROAD AND SULLIVAN ROAD BIKE PATH
PROJECT NUMBER: 2403214
CLIENT: CITY TWENTYNINE PALMS
CLIENT CONTACT: RICH BERGER
PROJECT MANAGER: TIM JONASSON
12 122 122 8 164 328 412 496 272
$ 300.00 $ 265.00 $ 240.00 $ 255.00 $ 189.00 $ 144.00 $ 135.00 $ 110.00 $ 160.00 $ 32,330.00 3,600.00 $ 29,280.00 $ 2,040.00 $ 30,996.00 $ 47,232.00 $ 55,620.00 $ 54,560.00 $ 43,520.00 $ $ 299,178.00 $ 5,225.00 $ 214,527.50 $ 518,930.50

0.01203297 0.108062759 0.097868159 0.00681868 0.103603875 0.157872571 0.185909392 0.18236635 0.145465241 10% 10% Loriso, Steve Jonasson, Tim Keys, Chase Panza, Greg Fitzgerald/Casillas Clow/Manternach Jansen/Myers Johnson, Phil TBD

TASK DESCRIPTION OF TASK PIC PROJ

MGR QA/QC SR ENGR
LEAD
DSNR
PROJ
ENGR
STAFF
ENGR
CAD
TECH
INSP. Reimbursables Sub
Total Total
TASK 1 PROJECT MANAGEMENT, COORDINATION, AND MEETINGS $ 36,980.00 $ 825.00 $ - $ 37,805.00 8 80 40 0 20 0 0 0 0 750.00 - TASK 2 PROJECT RESEARCH AND INVESTIGATION $ 13,032.00 $ - $ 44,027.50 $ 57,059.50 0 8 10 0 8 0 16 44 0 - 40,025.00

2.1 Document Research $ 1,520.00 $ - $ - $ 1,520.00 8 4

2.2 Surveying and Base Mapping $ 480.00 $ - $ 25,932.50 $ 26,412.50 2 23,575.00 Fomotor

2.3 Utility Research, Coordination, and Mapping $ 10,072.00 $ - $ - $ 10,072.00 8 4 8 8 40

2.4 Geotechnical Investigation $ 960.00 $ - $ 18,095.00 $ 19,055.00 4 16,450.00 GeoCon TASK 3 PRELIMINARY DESIGN AND RIGHT-OF-WAY REQUIREMENTS $ 27,166.00 $ 550.00 $ - $ 27,716.00 0 2 10 0 20 44 72 40 0 500.00 -

3.1 10% Conceptual Design $ 23,204.00 $ 550.00 $ - $ 23,754.00 8 16 40 60 40 500.00

3.2 Conceptual Cost Estimates $ 3,962.00 $ - $ - $ 3,962.00 2 2 4 4 12 TASK 4 ENVIRONMENTAL COMPLIANCE $ 960.00 $ - $ 59,752.00 $ 60,712.00 0 0 4 0 0 0 0 0 0 - 54,320.00 Terra Nova TASK 5 RIGHT-OF-WAY $ 10,570.00 $ - $ 110,748.00 $ 121,318.00 0 6 10 0 4 16 0 32 0 100,680.00

5.1 Right-of-Way Acquisition (7 Parcels) $ 2,020.00 $ - $ 99,660.00 $ 101,680.00 4 4 90,600.00 Epic

5.2 Legal Descriptions and Plat Maps (7 Parcels) $ 960.00 $ - $ 11,088.00 $ 12,048.00 4 10,080.00 Fomotor

5.3 Right-of-way Requirements Map $ 7,590.00 $ - $ - $ 7,590.00 2 2 4 16 32 TASK 6 PLANS, SPECIFICATIONS, AND ESTIMATES (65%, 95%, AND FINAL) $ 159,458.00 $ 1,100.00 $ - $ 160,558.00 4 22 44 8 92 260 320 380 0 1,000.00 - Improvement Plans $ 136,580.00 $ 1,100.00 $ - $ 137,680.00 16 32 8 60 220 280 380 1,000.00 Title Sheet $ - $ - $ - $ -
Index Sheet and Notes $ - $ - $ - $ -
Typical Sections $ - $ - $ - $ -
Details $ - $ - $ - $ -
Improvement Sheets $ - $ - $ - $ -
Drainage Sheets $ - $ - $ - $ -
Signing and Striping Sheets $ - $ - $ - $ -
Traffic Control Sheets $ - $ - $ - $ -
Technical Specifications $ 7,008.00 $ - $ - $ 7,008.00 4 8 24 8 EOPC $ 10,156.00 $ - $ - $ 10,156.00 4 4 8 16 32
SWPPP $ 5,714.00 $ - $ - $ 5,714.00 4 2 4 16
TASK 7 BIDDING AND CONSTRUCTION SUPPORT $ 51,012.00 $ 2,750.00 $ - $ 53,762.00 0 4 4 0 20 8 4 0 272 2,500.00 - Bid Period Services $ 7,492.00 $ - $ - $ 7,492.00 4 4 20 8 4 Supplemental Construction Observation $ 43,520.00 $ 2,750.00 $ - $ 46,270.00 272 2,500.00 Exclusions NOTES
Permit or other agency fees PA/ED $ 156,829.00 30% OF TASK 1 + 2, 3 & 4 Traffic analysis ROW $ TASK 5 121,318.00
Full time construction observation. Services are limited to 16 hours/week for a maximum of 85 working days PS&E $ 70% OF TASK 1 + TASK + 187,021.50 Bid Support in addition to the 40 hours included in the fee above CON $ TASK 7 53,762.00 ROW acquisition beyond the 7 parcels accounted for. TOTAL 518,930.50 $ Eminent domain services if required.

Environtal clearances beyond a CEQA IS/MND.

Detailed H&H analysis.

Other items not specifically mentioned above or the agreed upon scope of work

FEE BY PROJECT PHASE
Subs

COST PER HOUR/UNIT (CHARGE-OUT RATE)

TOTAL LABOR COST

TOTAL PROJECT COSTS
% OF TOTAL LABOR COST
Labor Task Total
1936
ODC Task Total Subs Task Total Task Total

EXPENSES

TOTAL HOURS

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STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Jan 14 2025
SUBJECT: Split Rock Avenue Bridge Project- Construction Management Services Contract.

RECOMMENDATION:

That the City Council:

1. Award an Agreement for Construction Management Services for the “Split Rock Avenue Bridge Project” to Parsons Transportation Group for a total contract amount of $929,755.10;

2. Authorize the City Manager to execute all documents necessary to enter into the Agreement including any necessary amendments.

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:
• Parsons Split Rock Bridge
Agreement_signed
BACKGROUND:

The Split Rock Avenue Bridge project consists of replacing an existing 2-lane low water crossing with a new 2-lane bridge on Split Rock Avenue across the Twentynine Palms Flood Control Channel north of State Route 62 from Buena Vista Drive to Bagley Avenue. The existing facility consists of a low-water crossing which floods with water during summer monsoonal rains and other large precipitation events.

These events continue to compromise the structural integrity of the roadway and pose a hazard for local residents during large storm events. Creation of the two-lane bridge will provide for multimodal safety, ensure compliance with current safety standards, and provide access across the drainage area during precipitation events.

Due to the specialized nature of this type of project, the City requires the services of a competent and experienced consulting engineering firm to provide all administration and construction management (CM) services for the construction of the project to include administration of the construction contract, quality control, materials testing, inspection, coordination of environmental monitoring, and surveying quality control. The Consultant shall provide a field site representative who is a licensed professional Civil Engineer to perform and function as the Resident Engineer as well as a Structure Representative for the full duration of the work. In addition, the Consultant shall provide qualified support Staff, including subconsultants, to assist the City in managing the Project, monitoring construction staking, coordinating the environmental monitoring services, providing inspection and testing services, and monitoring the Page 117 of 184 work performance of the Construction Contractor. The CM team shall be available as necessary to support the work upon receipt of the Notice to Proceed for this contract.

The City solicited a Request for Proposal (RFP) through its online portal and website and received three proposals. Each firm was interviewed virtually by City Staff, and Parsons Transportation Group (Parson) was selected for the following reasons:
 Quality of proposed Resident Engineer and Staff
 Experience with similar projects
 Level of research conducted prior to the interview
 Understanding of the project and identification of potential concerns With a consultant selected, Staff reviewed their cost proposal. Parsons’ estimated costs for this project is $929,755.10 which is within the estimated budget.

For all the reasons mentioned above, Staff recommends that Parsons Transportation Group be awarded an Agreement for Construction Management Services for the Split Rock Avenue Bridge Project.

ENVIRONMENTAL:

All environmental documents have been approved for this project.

ALTERNATIVES:

The City Council could choose not to approve this project.

FISCAL IMPACT:

The City's agreement with Caltrans indicates that they will reimburse the City for 88.53% of the construction management cost for the bridge. The City is required to match with the remaining 11.47%. The City's agreement with San Bernardino County Transportation Authority SBCTA indicates that SBCTA will reimburse the City with Measure I Major Local Highway funds. For the Channel portion of the project, The City's agreement with San Bernardino County Flood Control District (SBCFCD) indicates that they will reimburse the City 100% for construction management services.

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CITY OF TWENTYNINE PALMS

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of January 14, 2025, between the City of Twentynine Palms, a municipal corporation ("City") and Parsons Transportation Group Inc., a state of Illinois corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on January 14, 2025 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. A one-year extension is allowed if agreed by both parties.

Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement.

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5. PAYMENT
(a) Except as otherwise stated herein, the City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. The total amount authorized by this Agreement shall not exceed Nine Hundred Twenty-Nine Thousand Seven Hundred Fifty-Five Dollars and Ten Cents ($929,755.10), which includes the base fee as outlined in Exhibit A and a contingency amount if authorized by the City, for the total term of the Agreement unless additional payment is approved as provided in this Agreement (“Total Agreement Amount”). (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Based on the City’s procurement regulations, only the City Council may authorize additional work in connection with this Agreement. (c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include the contract amount, invoice amount to date, and balance remaining.

Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
(d) Prior to signing the Agreement, Consultant shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. All of City’s monetary obligations set forth in this Agreement are conditioned upon City’s receipt of an executed W-9 form from Consultant.
(e) Notwithstanding Consultant’s delivery of invoices to City and/or other remedies available to the City, if Consultant has not delivered to the City the required certified insurance policies and endorsements within the time required by Section 10(f) (3) of this Agreement, City has the sole discretion to withhold any and all payments to Consultant until Consultant delivers to the City the certified insurance policies and endorsements required by Section 10 of this Agreement.

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Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5.
(c) Except as otherwise provided herein and prior to the termination date of this Agreement, this Agreement may be terminated by written consent of both the City and the Consultant.

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

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(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

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10. INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant shall maintain insurance in conformance with the requirements set forth below. Consultant shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

There shall be no cross liability exclusion for claims or suits by one insured against another.
(2) Business Auto Coverage –Written on the ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent.

If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each person.
(3) Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one million dollars ($1,000,000) per accident or disease.

Employer's Liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its officers,

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officials, employees, or agents.
(4) Professional Liability or Errors and Omissions Insurance as appropriate to the Consultant’s profession - Written on policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

(3) Errors and Omissions Liability: The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance shall continue to be effective to cover all claims made within three (3) years of the completion of the work in the Agreement. (c) Deductibles and Self-Insured Retention. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or the Consultant to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager.
(d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:

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(1) General liability and umbrella policies shall cover the City, its officers, officials, employees, agents, and volunteers are to be covered as insureds or additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO-CGL policy with an edition prior to 1992, or other form as expressly approved by City, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. In no event shall the Consultant use an additional insured endorsement with an edition date of 1992 or later, absent express written authorization by City. Consultant also agrees to require all contractors and subcontractors to do likewise.
(2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

(2) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
(3) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and there shall be no cross liability exclusions that preclude coverage for suits between Consultant and City or between City and any other insured. Consultant expressly waives any claim against City for any covered act or event, and Consultant's insurance policy shall not prevent such waiver. The limits of insurance required herein shall in no way limit the liability of the party providing the insurance. In addition, if the coverage or limits available to Consultant exceed that required by this Agreement, and the loss incurred by the additional insured exceeds the amount required by this Agreement, it is the parties' intent that all such additional coverage and limits available will apply irrespective of the specific coverage or limits required herein.
(4) No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from

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waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
(5) All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(6) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
(7) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
(8) Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. (9) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (10) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
(11) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. (12) The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

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(13) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. (14) Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of A or better and a financial size of VII or greater, unless otherwise acceptable to the City. (f) Verification of Coverage and Notice of Cancellation. (1) Consultant shall immediately furnish to City certificates of insurance or endorsements, satisfactory to City, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured City prior to any termination, suspension, cancellation, or non-renewal, or the reduction of available coverage, or any change in the terms of coverage.

Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
(2) Consultant agrees that if Consultant commences work under this Agreement without first providing City copies of the required insurance certificates or endorsements, that Consultant does so at its own and sole risk. In the event Consultant's insurance is not acceptable to City or copies of insurance certificates or endorsements are not provided, City shall have no obligations to compensate Consultant for such work unless Consultant possesses a notice to proceed from City for this work.

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(3) Within sixty (60) days of the commencement of this Agreement, Consultant shall furnish certified copies of the actual policies and endorsements. Failure to submit such policies shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement.

If proof of any insurance required under this Agreement is not delivered as required or if such insurance is canceled at any time and no replacement coverage is provided, City shall have the right but not the duty to obtain any insurance it deems necessary to protect its interests under this Agreement, express or implied, in any way relating to City.

Any premium for such coverage shall be charged to and promptly paid by Consultant or, at City's option, may be deducted from sums due to Consultant.
(4) In the event of the premature termination of this Agreement for any reason, Consultant agrees to maintain the required insurance coverage until City provides written authorization to terminate the coverage following a review and determination that all liability posed under this Agreement as to the party providing the insurance has been eliminated.
(5) Except as outlined in Section 10(b) (3) above, Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. (6) Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. Consultant agrees to provide immediate notice to City of any claim or loss likely to involve City or its employees or agents which exceeds $2,500 or is likely to exceed that amount arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
.
(h) Sub-Consultant Insurance Requirements. Consultant agrees to require that all parties, including but not limited to sub-Consultants and additional Consultants or professional services with whom Consultant enters into contracts or whom

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Consultant hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum.

Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City:

To Consultant:

CITY OF TWENTYNINE PALMS
6136 ADOBE ROAD
TWENTYNINE PALMS, CA 92277
Attention: City Clerk
PARSONS TRANSPORTATION GROUP INC.
3200 EAST GUASTI ROAD, SUITE 200
ONTARIO, CA 91761
Attention: Serge Sinevod

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Serge Sinevod, PE shall perform the services described in this Agreement.

Serge Sinevod, PE may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Serge Sinevod, PE from Consultant's employ. Should they leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this

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Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of TWENTYNINE PALMS.

19. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

20. SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

21. NO PRESUMPTION REGARDING DRAFTER OF THIS AGREEMENT
The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

22. ATTORNEY’S FEES
If any action at law or suit in equity, including an action for declaratory relief, is brought by either party with respect to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, in addition to any other relief to which it may be entitled, and such amount may be added to, and made a part of, such judgment.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CONSULTANT
By:___________________________
Nicole DePuy, PE, Vice President
By:_____________________________
William Shelor, Senior Vice President
WilliamC Shelorno

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EXHIBIT A
Construction Management Services for the Split Rock Avenue Bridge

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SCOPE OF SERVICES
Task 1 Construction Management Plan
The CONSULTANT shall prepare a Construction Management Plan for the project for CITY approval. The plan shall indicate the standards and level of effort that the CONSULTANT’s staff will adhere to during all phases of this work and describe deliverables to be received by the CITY. At a minimum, the plan shall include the sections listed below:
a) Project Organization
b) Meetings
c) Communications Management
d) Preparation of Management Reports
e) Clarifications and Contract Interpretations of Specifications f) Submittals/Shop Drawings
g) Design Modifications
h) Change Orders
i) Schedule Management
j) Claims Management and Resolution
k) Testing and Testing Documentation
l) Progress Pay Estimate Preparation
m) Inspection and Inspection Reporting
n) Defective Work Correction
o) Record Drawings
p) Complaint & Community Relations Procedures
q) Safety
r) Photo/Video Documentation
s) Certified Payroll Review
t) Special Inspections
u) Other Tasks
The plan shall describe the level of effort anticipated to be maintained by the Construction Manager (CM) and inspectors for the various activities during the construction period and project closeout. The plan shall describe all deliverables and timing for periodic reports.

Deliverables:
• Three copies of final Construction Management Plan due prior to the pre- construction conference.

Task 2 Administration
The Consultant is to provide construction administration of the project to facilitate the ongoing construction efforts and maintain State and CITY regulations. At a minimum the consultant shall:
a) Comply with Cal-OSHA regulations regarding safety equipment and procedures, and safety instructions issued by the State. b) Provide administrative, management and related services as required to coordinate the work of the contractor, to complete the project in accordance

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to contract documents, Federal and State regulations and in with the CITY’s objectives for cost, time and quality. Provide weekly status reports to City.

Weekly status reports shall include summaries of work that is currently being performed, behind schedule, unresolved deficiencies and defective work, outstanding change orders and status of any claims. c) Coordinate with the City and all other involved agencies to obtain and comply with all required permits.
d) Recommend necessary or desirable changes in the construction contractor’s scope of work to the City, review and evaluate contractor’s request for changes, assist in negotiating contractor’s proposals, submit recommendations to the City supported by field data, and if they are accepted, prepare change orders for signature and the City’s authorization. e) Maintain strict cost accounting records on authorized work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. f) Develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make written recommendations to the City for Contractor payments.
g) Consult with the design engineer and the City if the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in the resolution of questions, which may arise. h) Provide a staffing schedule each month for the following month. This schedule is subject to the City’s approval.
i) Manage any utility work to be performed by utility agencies (work not part of contractor’s responsibilities).

Deliverables:
• Weekly Status Reports
• Required permits
• Cost Control Program
• Cost Accounting Records
• Progress Payment Recommendations
• Draft and Final Change Orders
• Staffing Schedules
• Other reports as required
Task 3 Pre-Bid Contract Document Review
CONSULTANT shall perform a quality assurance review the 100% PS&E package and provide written comments in the form of a summary memorandum and “redline” markups of the plans and specifications. This review will be completed within two weeks of the Notice to Proceed to the CONSULTANT.

CONSULTANT shall review final contract plans, specifications, permits, agreements, easements, environmental documents and the Resident Engineer files consisting of design engineer memos to Resident Engineer, and technical reports and studies.

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CONSULTANT shall prepare a project schedule which includes all preconstruction and construction utility relocations, and notification timelines noted on all permits, agreements, and contract documents. Upon receipt of contractor’s schedule, the RE’s schedule will be updated.

Deliverables:
• Quality Assurance review memorandum and markups
• Schedule
Task 4 Documentation of Pre-Construction Conditions
CONSULTANT shall document pre-construction site conditions using photographs, written notes and video. Special or sensitive areas shall be noted and extra documentation may be required for these special or sensitive areas. Each photo shall be labeled with date, location, detailed description and photographer’s name. Copies of all documentation, including photographs, notes, and video, shall be submitted to the City’s Engineer and become the property of the City.

Deliverables:
• Copies of all documentation, including photographs, notes, and video.

Task 5 Documentation and Record Keeping
The Consultant shall maintain all documents to provide a detailed account of the construction effort, progress and contractual obligations, all in compliance with Caltrans and Federal requirements and guidelines. The consultant shall provide at a minimum the services below:
a) Verify that all required certificate of bonds and insurance have been received from the contractor and forwarded to the City for approval. b) Maintain at the project site, on a current basis and in good order: a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications; shop drawings, product data, samples, submittals, purchases, materials, equipment, applicable handbooks, maintenance and operating manuals and instructions; and other related documents and revisions which are relevant to the contract work.
c) During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. d) A detailed photographic history of all phases of the project will be maintained on a daily basis. Each photograph will be labeled as to location, direction of view, date, time and items of interest. The photographs will be maintained in an album and the photographs will be indexed for ease of retrieval. Photos will also be taken of the following:

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Twentynine Palms City CouncilJanuary 14, 2025

Twentynine Palms City Council
January 14, 2025