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HomeMy WebLinkAboutC38840A-D GPA 19-0001 - CV Link 707-20CONTRACT NO. C38840 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: September 12, 2019 PREPARED BY: Randy Bowman, Project Manager Eric Ceja, Principal Planner Cora Gaugush, Management Specialist II Tom Garcia, P.E., Director of Public Works REQUEST: Consideration of a General Plan Amendment reclassifying Painters Path from a "Local Street" to an "Enhanced Secondary Roadway" and acceptance of an Addendum to the CV Link Environmental Impact Report to effectuate the enhanced designs for CV Link and the extension of the CV Link improvements to connect to the City's commercial districts, trail system, and Hovley Lane East Case No. GPA 19-0001; approve a Cooperative Agreement with Coachella Valley Association of Governments; award Contract No. C38840 in the amount of $453,624 to DHS Consulting, LLC of San Diego, California, for construction management services; appropriate $453,624 from New Construction Tax Fund for said construction management services; authorize the City Manager to execute the Purchase and Sale Agreement and Escrow Instructions for the Eldorado West land purchase in the amount of $113,600; authorize the City Manager to execute all documents in conjunction with said escrow; and authorize staff to advertise and call for bids for the construction contract for the CV Link Improvements (Project No. 707-20). Recommendation Waive further reading and adopt City Council Resolution No. 2019- 76 approving General Plan Amendment (GPA) 19-0001 and an Addendum to the CV Link Environmental Impact Report (EIR) to: a. reclassify Painters Path from a "local street" to an "enhanced secondary roadway" to extend the CV Link improvements to the City's trailhead system; b. accept the enhanced designs for the CV Link improvements within the City; and c. extend the CV Link improvements along the Coachella Valley Water District (CVWD) property east of Cook Street from the Whitewater Channel to connect to Hovley Lane East. By Minute Motion: September 12, 2019 - Staff Report Various Actions Related to the CV Link Project (Project No. 707-20) Page 2 of 8 1. Subject to such minor technical changes as maybe necessary, approve a Cooperative Agreement with Coachella Valley Association of Governments (CVAG) for the CV Link Project (Project No. 707-20). 2. Authorize the Mayor to execute the Cooperative Agreement with CVAG. 3. Award Contract No. C38840 in the amount of $453,624 to DHS Consulting, LLC of San Diego, California, for construction management services for the CV Link Improvements project. 4. Appropriate $453,624 from New Construction Tax Fund to 2314670- 5000202. 5. Authorize the City Manager to execute the Purchase and Sale Agreement and Escrow Instructions for the Eldorado West land purchase in the amount of $113,600. 6. Authorize the City Manager to execute all documents in conjunction with said escrow. 7. Authorize staff to advertise and call for bids for the construction contract. Upon approval, funds for construction management services will be available in Regional Park/CV Link Account No. 2314670-5000202. Funds for the Purchase and Sale Agreement are available in Account No. 4514950-4401000. Executive Summary Staff recommends a series of actions concerning the CV Link project in this staff report. The actions advance the project toward the construction phase. Based on the current state of the draft plans for the project, it is anticipated the City will be able to advertise the construction contract by the end of 2019, with construction anticipated to commence in the First Quarter of 2020. Staff is recommending a series of six actions, in the following order: Approving a General Plan Amendment to re-classify Painters Path to accommodate the proposed project; • Approving an Addendum to the CV Link Environmental Impact Report to accommodate the extension of CV Link along Painters Path and the extension of CV Link along the Coachella Valley Water District ("CVWD") property from the Whitewater Channel to connect with Hovley Lane East; Authorizing a purchase and sale agreement with CVWD to acquire the property necessary for the extension of CV Link from the Whitewater Channel to connect with Hovley Lane East; Z September 12, 2019 - Staff Report Various Actions Related to the CV Link Project (Project No. 707-20) Page 3 of 8 • Approving a cooperative agreement with Coachella Valley Association of Governments so that the City's costs for construction are fully reimbursed; • Awarding a contract for construction management services to assist the City with completing the construction plans and specifications, and to provide construction management during construction; and • Authorizing City staff to advertise the construction contract. Plannina Commission Recommendation The Planning Commission will consider the GPA and Addendum to the EIR at their meeting of September 3, 2019. Since the Planning Commission has not met as of the preparation of this report, staff will provide an update to the City Council during the public hearing. Strateaic Plan The CV Link Improvements fulfill priorities identified in the City's Strategic Plan, including the following: • Land Use, Housing & Open Space — Priority 1: "Enhance Palm Desert as a first- class destination for premier shopping and national brand businesses. " • Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle." • Tourism and Marketing — Priority 3: `Attract new and developing travel/tourism markets." • Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles." • Transportation — Priority 3: `De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf -cart, bicycle and pedestrian)." • Parks and Recreation — Priority 2: `Assure a continuing flow of innovative ideas by seeking creative partnerships, ensuring adequate staffing, and encourage resident input." • Parks and Recreation — Priority 3: "Make recreational and exercise opportunities pervasive in all public spaces." Background Analvsis The CV Link is a proposed 50-mile, alternative transportation corridor for bicycles, pedestrians, and low -speed electric vehicles (LSEVs) along the Whitewater River and Tahquitz Creek that will initially stretch from Palm Springs to Coachella. Bicycles, pedestrians, and LSEVs can use the corridor to access employment, shopping, schools, September 12, 2019 - Staff Report Various Actions Related to the CV Link Project (Project No. 707-20) Page 4of8 friends, and other pervasive recreational opportunities. Referring to the attached Vicinity Map, the Palm Desert section is the longest on -street section of the CV Link project, representing nearly four (4) miles of the corridor. From the west, CV Link enters the city at Park View Drive and Highway 111, traveling east to Monterey Avenue. At Monterey Avenue, CV Link splits with one section of the corridor heading north to Magnesia Falls Drive and the other section maneuvering through the College of the Desert (COD) campus. From Monterey Avenue, the corridor heads east along Magnesia Falls Drive and across Portola Avenue before rejoining the Whitewater Channel at Deep Canyon Road. CV Link and EIR Addendum On July 12, 2018, the City Council passed Resolution 2018-60 adopting a Notice of Determination (NOD) for the CV Link EIR. At that meeting, the City Council also directed staff to: prepare an Addendum to the EIR and to proceed with the enhanced CV Link designs dated March 13, 2018, and prepare a GPA to reclassify Painters Path to extend the CV Link improvements. Since that time, City staff has worked diligently with the CVAG team on the final design and CV Link extensions. As directed by City Council, the proposed GPA and EIR Addendum address the extension of CV Link improvements to the west, along Painters Path, to connect to the City's trail system. In addition, as identified in the City's General Plan, the Addendum addresses the extension of CV Link improvements across the Whitewater River Channel to connect to the abandoned El Dorado Avenue and connect to Hovley Lane East. Painters Path (West) The EIR for the original CV Link project identified CV Link improvements entering the City from the west at Highway 111 and Park View Drive. The revised CV Link project, analyzed in the EIR Addendum, provides an extension of CV Link improvements that head south nearly 2,000 feet within the Painters Path right of way and terminate with improvements and a new staging area at the Bump and Grind trailhead. These improvements expand upon the recreational opportunities and connections for the City and the broader CV Link project. Since the improvements occur entirely within the City right-of-way, no additional impacts are identified that were not already identified in the CV Link EIR. Hovley Lane East Connection (East) The EIR for the original CV Link project identified CV Link improvements crossing Cook September 12, 2019 - Staff Report Various Actions Related to the CV Link Project (Project No. 707-20) Page 5 of 8 Street at the Whitewater River Channel and providing two end points at the boundary of the City of Indian Wells. The first end point continues along the south side of the Whitewater River Channel and terminates at El Dorado Drive, at the City of Palm Desert's limits. The second end point takes the CV Link improvements across the Whitewater River Channel with an in -channel berm crossing and connects to the eastern boundary of the CVWD Palm Desert Operations Center. The Addendum to the EIR addresses the extension of CV Link improvements along CVWD's property for approximately 0.75-miles before connecting to Hovley Lane East and traversing west to connect to the signalized intersection of Hovley Lane East and Tava Lane. The extension of the CV Link improvements in this area is supported by the City's General Plan, the Addendum to the EIR, and CVWD. Planning Division staff, in implementing the California Environmental Quality Act (CEQA), has determined that an Addendum to the certified CV Link EIR is appropriate, given that 1) there is not a change in circumstances from the original consideration, 2) the project itself has not changed, and 3) no new information has been presented that will result in new significant impacts or a substantial increase in severity of significant impacts identified in the CV Link EIR. As such, staff recommends that the City Council accept the Addendum to the EIR. Cooperative Agreement between the City of Palm Desert and CVAG The City of Palm Desert and CVAG seek to enter into a Cooperative Agreement (Coop Agreement) for the construction of the CV Link Project within the city. CVAG is managing the design of the project and will provide the completed plans and specifications to the City for construction. The City will advertise, award, and manage the construction of the project, then invoice CVAG for the associated project construction costs and construction management costs. CVAG will reimburse the City for project costs per the reimbursement guidelines in the Coop Agreement. The attached Coop Agreement is currently being reviewed by CVAG and will be presented to their Executive Committee for approval. The final approved Coop Agreement will substantively conform to the attached Coop Agreement and will be in a form acceptable to the City Attorney. Construction Management Services Contract The unique characteristics of the project construction, which includes a first -ever two-way cycle track in the city, innovative curbing, lighting, aesthetic enhancements for markings and unique branding, and the inclusion of an improvement to the Bump and Grind trailhead, will require special inspection and management of the construction contract. In addition, the project will benefit from a final constructability review prior to bidding. In order to augment the City's capacity for executing projects without increasing staff, the Public Works Department is requesting the City Council award a contract for construction management services, which will include final constructability review, construction management and construction inspection services, and surveying and materials 57 September 12, 2019 - Staff Report Various Actions Related to the CV Link Project (Project No. 707-20) Page 6 of 8 inspection services. CVAG concurs with hiring a construction manager to assist both the City and CVAG with the CV Link project the City will be bidding. A Request for Proposals (RFP) for construction management services was appropriately advertised, and on July 23, 2019, six (6) proposals were received: Consultant Location DHS Consulting, LLC San Diego, CA Falcon Engineering Services Corona, CA HR Green Corona, CA KOA Corporation Ontario, CA PPM Group, Inc Fontana, CA Southstar Engineering Riverside, CA The internal selection committee, comprised of representatives from CVAG, Community Development, and Public Works, met on July 30, 2019 and reviewed the qualifications, experience, key personnel, and proposed costs. The committee recommends awarding the contract to DHS Consulting, LLC in the amount of $453,624. Approval to Advertise for Bids Following the City Council actions in summer 2018, City staff have been working with CVAG and their project designer on developing the construction documents for the CV Link project, as well as the reimbursement agreement and EIR addendum. The nature and routing of the project requires a complex and protracted design effort, particularly at the five (5) traffic signal intersections along the route and two (2) intersections adjacent to school facilities. Special attention is being given to the design of the intersections to promote safety for students and parents. CVAG is also proposing unique components of the project, including solar lighting and special branding elements such as pavement markings and signage. The Bump and Grind trailhead will feature structure retaining walls, drinking water stations, and structural shade components; and the Hovley connector path will include substantial structural retaining walls, security fencing and screening for CVWD. City staff anticipate the design of the project will be completed in time to advertise for bids for construction before the end of 2019, with construction commencing the first quarter of 2020. Purchase and Sale Agreement and Escrow Instructions for the Eldorado West Land Purchase The Palm Desert Redevelopment Agency ("PDRDA") previously entered into an Option Agreement dated April 27, 2006 ("Option Agreement"), as evidenced by a Memorandum of Option dated April 27, 2006, and recorded as Document No. 2006-0317839 in the E September 12, 2019 - Staff Report Various Actions Related to the CV Link Project (Project No. 707-20) Page 7 of 8 Official Records of Riverside County, California, whereby CVWD granted to PDRDA the option to purchase the property described therein. In October of 2015, the City of Palm Desert ("City") requested that CVWD consider allowing the City to purchase the property in lieu of PDRDA. CVWD agreed to the substitution. The purpose of the purchase, as outlined in the request letter, is to develop a future bike path connection between Hovley Lane East and the Whitewater Storm Channel. A full appraisal of the property was performed in July of 2015, and updated with a restricted appraisal in December 2018, setting the Fair Market Value at $113,600. Staff received that confirmation from CVWD that they are agreeable to selling the property at the Fair Market Value. A Purchase and Sale Agreement and Escrow Instructions ("PSA") has been negotiated with terms acceptable to both parties. The City Attorney has reviewed the PSA and given staff the concurrence to move forward with seeking authorization from the City Council. Findin4s of Approval Findings can be made in support of the project and in accordance with the City's Municipal Code. Findings in support of this project are contained in the City Council Resolution attached to this staff report. Fiscal Analvsis Funds for the CV Link construction management contract need to be appropriated from the New Construction Tax Fund to Account No. 2314670-5000202; however, this amount will be reimbursed by CVAG over the course of the project, which is expected to be completed in 2020. Funds for the purchase and sale agreement are available in Account No. 4514950-4401000. Therefore, there will be no fiscal impact beyond the initial funding. LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT REVIEW CITY MANAGER NOW", r) )m Garcia, P.E. net M. Moore !rector of Public Works Director of Finance City Manager, Lauri Avlaian: An y irestine A ist nt City Manager 11 September 12, 2019 - Staff Report Various Actions Related to the CV Link Project (Project No. 707-20) Page 8 of 8 CONSULTANT: DHS Consulting, LLC 2525 Camino Del Rio South, Suite 305 San Diego, CA 92108 ATTACHMENTS: CV Link EIR and GPA: 1) Draft City Council Resolution No. 2019-76 2) Draft Planning Commission Resolution No. 2761 3) City Council Public Hearing Notice 4) CV Link EIR Addendum 5) Exhibit A — Painters Path Reclassification Cooperative Agreement with CVAG: 038840B 1) Agreement CV Link Construction Management Contract: C38840A 1) Agreement 2) Consultant's Proposal 3) Vicinity Map Purchase and Sale Agreement with CVWD: C38840C 1) Agreement of Purchase and Sale and Escrow Instructions -for Portions of APN(s) 634-030-017 and 634-040-006 2) Vicinity Map CITY COUNCIL RESOLUTION NO. 2019- 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT RECLASSIFYING PAINTERS PATH FROM A "LOCAL STREET" TO AN "ENHANCED SECONDARY ROADWAY" AND ACCEPT AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE CV LINK PROJECT GPA19-0001 WHEREAS, the CV Link project is a +49-mile multi -modal transportation path that connects cities in the Coachella Valley and passes through the City of Palm Desert, within the City's right-of-way, through the College of the Desert, and along the Whitewater River Channel; and WHEREAS, the CV Link project provides access and connectivity between residential, commercial, recreational, educational, and civic facilities, within the City of Palm Desert by providing a safe and recreational pathway for multiple user groups; and WHEREAS, the Coachella Valley Association of Governments ("CVAG") Executive Committee, acting as the lead agency for the CV Link project did, on the 15th day of May 2017, adopted Resolution Nos. 2017-003 and 2017-004, certifying the Environmental Impact Report ("EIR") for the CV Link project; and WHEREAS, pursuant to Section 15091(a) of the California Code of Regulations, Implementation Guidelines for the State California Environmental Quality Act (CEQA) (Cal. Code Regs., Tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is defined as a responsible agency for the CV Link project; and WHEREAS, the City of Palm Desert, California, as a responsible agency, on the 12tn day of July 2018, did adopt a Notice of Determination ("NOD") to carry out its discretionary approval over the project; and WHEREAS, at the City Council meeting on the 12th day of July 2018, the City Council provided direction to initiate a General Plan Amendment of Painters Path to accommodate the extension of the CV Link improvements to connect to the City's trail system, also known as "The Bump and Grind Trail, and WHEREAS, the City's General Plan Mobility Element identifies a "CV Link Connector' along the Coachella Valley Water District's Palm Desert Operations Center's eastern boundary to extend CV Link improvements from the identified CV Link Whitewater River Channel crossing to Hovley Lane East; and WHEREAS, a General Plan Amendment to reclassify Painter Paths from a "Local Street" to an "Enhanced Secondary Roadway" has been prepared and an Addendum to the CV Link EIR has analyzed the revised project in accordance with CEQA Guidelines and has found that no new significant impacts are created by the extension of CV Link improvements along Painters Path or the Hovley Lane East connection; and a CITY COUNCIL RESOLUTION NO.2019- WHEREAS, in accordance with Palm Desert Municipal Code Section 25.60.060 and 25.78.070, the City Council of the City of Palm Desert, California, did on the 12t" day of Setutember 2019, hold a duly noticed public hearing to consider the General Plan Amendment and EIR Addendum, and has determined that the General Plan Amendment is consistent with the Goals and Policies within the General Plan and as specified below; and WHEREAS, the City Council of the City of Palm Desert finds that the General Plan Amendment and CV Link project extensions comply with the following Goals and Policies of the City's General Plan: • L.U. Policy 1.3 — Balance medium and high intensity/density development with pedestrian -oriented and bicycle -friendly design features to maximize trip and VMT reduction. • L.U. Policy 1.6 — Balance the impacts of new development, density, and urbanization through the provisions of a high-level of neighborhood and community amenities and design features. • L.U. Policy 2.1 — Design the streetscape of high -volume corridors to balance regional traffic flow with pedestrian movement and safety and the unique physical environment of the area. • L.U. Policy 2.5 — Enhance the pedestrian experience through streetscape improvements that could include new street lighting, tree planting, and easement dedications to increase the size of the sidewalks and pedestrian amenities. • L.U. Policy 2.8 — Improve existing and create new gathering spaces throughout the city to provide beautiful, comfortable, and inviting public and pedestrian spaces, encouraging walking and public gathering spaces. • L.U. Policy 3.1 — Provide a safe and convenient circulation system for pedestrians that include sidewalks, crosswalks, places to sit and gather, appropriate street lighting, buffers from moving vehicles, shading, and amenities for people of all ages. • L.U. Policy 4.1 — Provide bicycle facilities where shown in Figure 4.2 along all roadways to implement the proposed network of facilities outlined in the General Plan. • L.U. Policy 9.2 — Coordinate with CVAG and other agencies on the planning, design, and construction of regional non -motorized routes such as CV Link. • H.W. Policy 7.1 — Facilitate the construction of a built environment that supports a healthy physical and social environment for new and existing neighborhoods and strengthens community cohesion. • E.R. Policy 5.2 — Promote land use and development patterns that reduce the community's dependence on, and length of, automobile trips. • C.C. Policy 1.10 — Encourage and facilitate streetscape and building designs that are unique to Palm Desert to create a distinctive City Center. • C.C: Policy 2.6 — Prioritize pedestrian access in the design of public and private facilities within the City Center Area. • C.C. Policy 3.1 — Ensure that new public and private projects in the City Center consider pedestrian connectivity and contribute to improving the pedestrian network through the application of strategies such as sidewalk improvements and pedestrian crossings. 2 lb CITY COUNCIL RESOLUTION NO. 2019- C.C. Policy 4.1/4.2 — Facilitate the development of pedestrian and bicycle facilities that connect the City Center with surrounding neighborhoods, districts, and centers. WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the CV Link project; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following findings to justify the approval of said request; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the California Environmental Qualitv Act. As a responsible agency for the Project, the City Council has reviewed and considered the information contained in the EIR, and has adopted a Notice of Determination accepting the EIR, and that extensions of the CV Link project as described above have not created any additional significant impacts and that an Addendum to the EIR has been prepared and complies with the CEQA (Pub. Res. Code § 21000 et seq.: "CEQA") and the State CEQA Guidelines. SECTION 3. Findings on Environmental Impacts. In the City's role as a responsible agency under CEQA, the City Council finds that the EIR prepared for the CV Link project is complete and accurate in reporting of the environmental impacts associated with the Project. The City Council further finds that the Addendum to the EIR has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Palm Desert local CEQA guidelines. The City Council further finds that all environmental impacts of the revised project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the EIR, and the Mitigation Monitoring and Reporting Program. The City Council further finds that there is no substantial evidence in the record supporting a fair argument that the project may result in significant environmental impacts and that any comments received to date regarding the project have been examined and determined not to modify the conclusions of the Addendum to the EIR. SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's Clerk's office at 73-510 Fred Waring Drive, Palm Desert, CA 92260. Rachelle Klassen, the City Clerk, is the custodian of the record of proceedings. 3 CITY COUNCIL RESOLUTION NO. 2019- SECTION 5. Execution of Resolution. The Mayor of the City Council signs this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 12th day of September 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN CITY CLERK SUSAN MARIE WEBER, MAYOR 4 1Z PLANNING COMMISSION RESOLUTION NO.2761 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FOR APPROVAL OF A GENERAL PLAN AMENDMENT RECLASSIFYING PAINTERS PATH FROM A "LOCAL STREET" TO AN "ENHANCED SECONDARY ROADWAY" AND ACCEPT AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE CV LINK PROJECT CASE NO: GPA 19-0001 WHEREAS, the CV Link project is a +49-mile multi -modal transportation path that connects cities in the Coachella Valley and passes through the City of Palm Desert, within the City's right-of-way, through the College of the Desert, and along the Whitewater River Channel; and WHEREAS, the CV Link project provides access and connectivity between residential, commercial, recreational, educational, and civic facilities, within the City of Palm Desert by providing a safe and recreational pathway for multiple user groups; and WHEREAS, the Coachella Valley Association of Governments ("CVAG" ) Executive Committee, acting as the lead agency for the CV Link project did, on the 15" day of May 2017, adopted Resolution Nos. 2017-003 and 2017-004, certifying the Environmental Impact Report ("EIR") for the CV Link project; and WHEREAS, pursuant to Section 15091(a) of the California Code of Regulations, Implementation Guidelines for the State California Environmental Quality Act (CEQA) (Cal. Code Regs., Tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is defined as a responsible agency for the CV Link project; and WHEREAS, the City of Palm Desert, California, as a responsible agency, on the 121h day of JUIV 2018, did adopt a Notice of Determination ("NOD") to carry out its discretionary approval over the project; and WHEREAS, at the City Council meeting on the 121h day of July 2018, the City Council provided direction to initiate a General Plan Amendment of Painters Path to accommodate the extension of the CV Link improvements to connect to the City's trail system, also known as "The Bump and Grind Trail, and WHEREAS, the City's General Plan Mobility Element identifies a "CV Link Connector" along the Coachella Valley Water District's Palm Desert Operations Center's eastern boundary to extend CV Link improvements from the identified CV Link Whitewater River Channel crossing to Hovley Lane East; and WHEREAS, a General Plan Amendment to reclassify Painter Paths from a "Local Street" to an "Enhanced Secondary Roadway" has been prepared and an Addendum to the CV Link EIR has analyzed the revised project in accordance with CEQA Guidelines and has found that no new significant impacts are created by the extension of CV Link improvements along Painters Path or the Hovley Lane East connection; and PLANNING COMMISSION RESOLUTION NO.2761 WHEREAS, in accordance with Palm Desert Municipal Code Section 25.60.060 and 25.78.070, the City Council of the City of Palm Desert, California, did on the 3 rd day of Seotember 2019, hold a duly noticed public hearing to consider a recommendation to the City Council for approval of a the General Plan Amendment and EI R Addendum, and has determined that the General Plan Amendment is consistent with the Goals and Policies within the General Plan and as specified below; and WHEREAS, the Planning Commission of the City of Palm Desert finds that the General Plan Amendment and CV Link project extensions comply with the following Goals and Policies of the City's General Plan. • L.U. Policy 1.3 — Balance medium and high intensity/density development with pedestrian -oriented and bicycle -friendly design features to maximize trip and VMT reduction. • L.U. Policy 1.6 — Balance the impacts of new development, density, and urbanization through the provisions of a high-level of neighborhood and community amenities and design features. • L.U. Policy 2.1 — Design the streetscape of high -volume corridors to balance regional traffic flow with pedestrian movement and safety and the unique physical environment of the area. • L.U. Policy 2.5 — Enhance the pedestrian experience through streetscape improvements that could include new street lighting, tree planting, and easement dedications to increase the size of the sidewalks and pedestrian amenities. • L.U. Policy 2.8 — Improve existing and create new gathering spaces throughout the city to provide beautiful, comfortable, and inviting public and pedestrian spaces, encouraging walking and public gathering spaces. ■ L.U. Policy 3.1 — Provide a safe and convenient circulation system for pedestrians that include sidewalks, crosswalks, places to sit and gather, appropriate street lighting, buffers from moving vehicles, shading, and amenities for people of all ages. • L.U. Policy 4.1 — Provide bicycle facilities where shown in Figure 4.2 along all roadways to implement the proposed network of facilities outlined in the General Plan. • L.U. Policy 9.2 — Coordinate with CVAG and other agencies on the planning, design, and construction of regional non -motorized routes such as CV Link. • H.W. Policy 7.1 -- Facilitate the construction of a built environment that supports a healthy physical and social environment for new and existing neighborhoods and strengthens community cohesion. • E.R. Policy 5.2 — Promote land use and development patterns that reduce the community's dependence on, and length of, automobile trips. • C.C. Policy 1.10 — Encourage and facilitate streetscape and building designs that are unique to Palm Desert to create a distinctive City Center. + G.C. Policy 2.6 — Prioritize pedestrian access in the design of public and private facilities within the City Center Area. • C.G. Policy 3.1 — Ensure that new public and private projects in the City Center consider pedestrian connectivity and contribute to improving the pedestrian network through the application of strategies such as sidewalk improvements and pedestrian crossings. Irk PLANNING COMMISSION RESOLUTION NO. 2761 C.C. Policy 4.114.2 — Facilitate the development of pedestrian and bicycle facilities that connect the City Center with surrounding neighborhoods, districts, and centers. WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the CV Link project; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the orat and written evidence before it as a whole; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following findings to justify the approval of said request; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the California Environmental Qualitv Act. As a responsible agency for the Project, the Planning Commission has reviewed and considered the information contained in the EIR, and has adopted a Notice of Determination accepting the EIR, and that extensions of the CV Link project as described above have not created any additional significant impacts and that an Addendum to the EIR has been prepared and complies with the CEQA (Pub. Res. Code § 21000 et seq.: "CEQA") and the State CEQA Guidelines. SECTION 3. Findinas on Environmental impacts. In the City's role as a responsible agency under CEQA, the Planning Commission finds that the EIR prepared for the CV Link project is complete and accurate in reporting of the environmental impacts associated with the Project. The Planning Commission further finds that the Addendum to the EIR has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Palm Desert local CEQA guidelines. The Planning Commission further finds that all environmental impacts of the revised project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the EIR, and the Mitigation Monitoring and Reporting Program. The Planning Commission further finds that there is no substantial evidence in the record supporting a fair argument that the project may result in significant environmental impacts and that any comments received to date regarding the project have been examined and determined not to modify the conclusions of the Addendum to the EIR. SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's Clerk's office at 73-510 Fred Waring Drive, Palm Desert, CA 92260. Rache}le Klassen, the City Cie rk, is the custodian of the record of proceedings. 3 PLANNING COMMISSION RESOLUTION NO. 2761 SECTION 5. Execution of Resolution. The Chair of the Planning Commission signs this Resolution and the Planning Commission Secretary shall attest and certify to the passage and adoption thereof. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 3rd day of September 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RYAN STENDELL SECRETARY RON GREGORY, CHAIR 4 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. GPA 19-0001 NOTICE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF PALM, DESERT FOR CONSIDERATION OF A GENERAL PLAN AMENDMENT RECLASSIFYING, PAINTERS PATH FROM A "LOCAL S7EET' TO AN "ENHANCED SECONDARY ROADWAY" AND ACCEPTANCE OF AN ADDENDUM TO THE CV LINK ENVIRONMENTAL IMPACT REPORT TO EFFECTUATE EXTENSION OF THE CVLINK IMPROVEMENTS TO CONNECT TO, THE CITY'S COMMERCIAL DISTRICTS AND TRAIL SYSTEM, The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has prepared an addendum to the CV Link Environmental Impact Report (EIR) for the proposed project. Project Location/ Description: Proiect Location: The project is located along the Painters Path public roadway which connects to Highway 111 at Park View Drive to the north, traversing through the intersection with Fred Waring Drive, and terminating at the Palm Valley Channel. Proiect Description: Painters Path is a roadway segment connecting to Highway 111 at Park View Drive and traversing south through the intersection of Fred Waring Drive and terminating at the Palm Valley Channel. The roadway segment is identified in the City's General Plan as a "local street." As a means to extend the approved CVLink improvements to connect to the City's commercial districts and trail system, a General Plan Amendment is proposed to reclassify the identified street segment to an "Enhanced Secondary Roadway." The Enhanced Secondary Roadway is intended to develop roadways that provide high levels of bicycle and pedestrian amenities while accommodating vehicles. Recommendation: Staff is recommending that the City Council adopt a resolution approving the General Plan Amendment and addendum of the environmental impact report. Planning Commission Recommendation: The Planning Commission will consider the General Plan Amendment at their meeting on September 3rd, 2019. Due to the timing of the public notice the Planning Commission has yet to hear the item and a recommendation is not available. The outcome of the Planning Commission hearing will be provided to the City Council at their meeting on September 12, 2019. Public Hearing: The public hearing will be held before the City Council on Thursday, September 12, 2019, at 4:00 p.m. in the City Council Chamber at Palm Desert City Hall: 73-510 Fred Waring Drive„ Palm Desert, California, 92260. Comment Period: The public comment period for City Council consideration is from September 2, 2019 to September 12, 2019. Public Review: The Addendum to the Environmental Impact Report and the General Plan Amendment are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN Rachelle Klassen, September 2, 2019 City Clerk 11 Addendum to the CV Link Environmental Impact Report Lead Agency: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Prepared by: The Altum Group 73-710 Fred Waring Drive, Suite 219 Palm ❑esert, CA 92260 .r wiil ilia FM September 2019 INs CV Link Environmental Impact Report Addendum Table of Contents I. Introduction 1.11 Addendum to an Environmental Impact Report 1.2 Contents of an Addendum 2. Proiect Description 2.1 Summary of Chances to the CV Link Proiect Description 2_2 Analvsis of Environmental Effects Between the Proiect and Proposed Chances Aesthetics Biolookal Resources Cultural Resources Geoloov and Soils Hazards and Hazardous Materials Hvdroloov and Water Qualitv Land Use and Plannino Noise Traffic and Transportation 3. Findings List of Tables Table 1 Bump and Grind Access Point Options Table 2 Comparison Between the Proiect and Revised Proiect Table 3 Comparison of Environmental Impacts Between the Proiect and Revised Proiect List of Exhibits Exhibit 1 Proiect vs Revised Proiect Exhibit 2 Revised Proiect Design Exhibit 3 Bump and Grind Access Point Exhibit 4 CV Link In -Channel Berm CrossinE & Ramos Exhibit 5 Site Photos Exhibit 6 Site Photo Locations Exhibit 6a Bump and Grind Access Point Photo Locations Exhibit 6b Berm Crossiniz Photo Locations Exhibit 7 Santa Rosa and San Jacinto Mountains Conservation Area Exhibit 7a Bump and Rrind Access Point CVMSHCP Adiacencv Exhibit 8 FEMA Flood Hazard Zones City of Palm Desert Addendum to the Adopted CV Link EIR Page 2 N CV Link Environmental Impact Report Addendum This page intentionally left blank. City of Palm Desert Addendum to the Adopted CV Link EIR Page 3 20 CV Link Environmental Impact Report Addendum 1. Introduction 1.1 Addendum to an Environmental Impact Report This Addendum to the Environmental Impact Report (EIR) for development of the CV Link Project (State Clearinghouse No. 2013111050) was prepared to analyze the potential environmental effects of the proposed enhanced CV Link designs (Revised Project) to the City of Palm Desert (City) portion of the approved CV Link project (Project) and extension of the City's certified western terminus of CV Link through approval of a proposed General Plan Amendment (GPA) to amend Painters Path from the status of "local street" to "enhanced secondary roadway." The EIR was adopted by the Coachella Valley Association of Governments (CVAG) Executive Committee on May 15, 2017, and the City, acting as a responsible agency, made responsible agency findings and adopted a Notice of Determination (NOD) in accordance with the California Environmental Quality Act (CEQA) for the CV Link EIR (certified EIR) on July 12, 2018. The CEQA and the CEQA Guidelines define standards and the procedure for determining the level of additional environmental review required when an EIR has been adopted for a project (CEQA Guidelines Sections 15162-15164). The CEQA Guidelines Section 15164(a) states that a lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred, i.e., changes to the project, changed circumstances, or new information would not result in identification of new significant impacts or a substantial increase in severity of significant impacts identified in the adopted EIR. Public review of an Addendum is not required by CEQA. Instead, the information in an Addendum is to be considered with the adopted EIR prior to a decision being made on proposed revisions. 1.2 Contents of an Addendum This Addendum provides: 1. A summary of the changes to the Project and a comparison between the Project and the Revised Project. 2. An analysis of the potential environmental effects of the Revised Project and corresponding general plan amendment (GPA) as compared to the environmental effects of the Project analyzed in the adopted EIR. 3. Findings in support of an Addendum to the adopted EIR. City of Palm Desert Addendum to the Adopted CV Link EIR Page 4 CV Link Environmental Impact Report Addendum 2. Project Description 2.1 Summary of Changes to the Project Description The Project is a proposed 50-mile, alternative transportation corridor for bicycles, pedestrians, and low -speed electric vehicles (LSEV) along the Whitewater River and Tahquitz Creek that will initially stretch from Palm Springs to Coachella. The proposed transportation corridor will extend across 12 jurisdictions, including eight incorporated cities (including the City of Palm Desert), unincorporated county lands as well as the lands of three Native American Tribes. The Palm Desert section of the Project, as proposed in the certified EIR, utilizes existing bike and golf cart paths and sidewalks in the City. The City's section is the longest on -street section of the Project and is in the City's existing right- of-way (ROW), representing nearly four (4) miles of the entire corridor. As shown in Exhibit 1, Project vs Revised Project, from the west, CV Link enters the City at Park View Drive and Highway 111, traveling east along Park View Drive to Monterey Avenue. At Monterey Avenue, CV Link splits with one section of the corridor heading north to Magnesia Falls Drive and the other section maneuvering through the College of the Desert (COD) campus. From Monterey Avenue, the corridor heads east along Magnesia Falls Drive and across Portola Avenue before rejoining the Whitewater River Channel at Deep Canyon Road. The COD portion connects back to San Pablo Avenue heading north to connect to the other section of CV Link on Magnesia Falls Drive. From Deep Canyon Road, CV Link traverses southeast along the south bank of the Whitewater River Channel, crossing Cook Street via a proposed bridge, and continuing for approximately 1,600 feet, at which point the alignment splits with one portion of CVLink proceeding north across the Whitewater River Channel and eventually connecting to Hovley Lane East along the Coachella valley Water District's Palm Desert Operations Center, while the south bank alignment continues and terminates at the boundary line between the City and the City of Indian Wells. The alignment proceeding north through the Whitewater River Channel crosses the channel at grade and ramps into and out of the channel connecting to the abandoned El Dorado Drive, located east of the Coachella Valley Water Districts Palm Desert Operations Center, and connecting to Hovley Lane East. As the alignment meets with Hovley Lane East, it will head west approximately 290-feet to connect users to the signalized intersection at Hovley Lane East and Tava Lane East. Improvements largely consist of hardscape, painting/striping, signage, and other minor improvements. This Project route was analyzed in the EIR, with connections to the Project identified in the City's General Plan Environmental Impact Report, and can be implemented without further CECIA review. Following the certification of the EIR, the City indicated that there was interest in re -imagining the layout of the Palm Desert section of the Project. As such, through coordination with CVAG, City of Palm Desert Addendum to the Adopted CV Link EIR Page 5 2_1 CV Link Environmental Impact Report Addendum on July 12, 2018, the Palm Desert City Council approved an enhanced design (Revised Project), largely focused on safety improvements, for the City's section of the Project. The Revised Project focuses on incorporating a buffered two-way cycle track, with a separated sidewalk for pedestrians (existing sidewalk) throughout the corridor. As shown in Exhibit 2, Revised Project Design, along Monterey Avenue, the Revised Project proposes to eliminate the northbound acceleration lane adjacent to the COD and does not require any modifications or a ROW acquisition from COD. The Revised Project utilizes the southern portion of Magnesia Falls Drive between Monterey and San Pablo Avenue. At San Pablo Avenue, the Revised Project transitions to the north side of Magnesia Falls Drive, crosses Portola Avenue, and ultimately connects to the exiting Class I separated pathway at Deep Canyon Road. The buffered approach is anticipated to improve safety for pedestrians, bicyclists, and for golf cart drivers. In addition to the two-way cycle track, the Revised Project includes extension of the corridor from its certified terminus at Highway 111 and Park View Drive to the Bump and Grind trailhead, traveling south along one or both sides of Painters Path. The proposed extension of CV Link includes an access point between Painters Path and the Bump and Grind trailhead to improve safety and accessibility. Three designs are proposed for the Bump and Grind access point with Option 1 — Elevated Platform Access Point; Option 2 — Limited Earthwork Access Point; and Option 3 — Balanced Platform Access Point. Details of all three options are provided below in Table 1, Bump and Grind Access Point Options, and displayed in Exhibit 3, Bump and Grind Access Point. As shown in Exhibit 3, Option 1 and Option 3 will include construction of two metal shade structures, and Option 2 will include construction of one metal shade structure. Shade structures will be of similar structure and design to those analyzed in the EIR and in operation along the Cathedral City segment of the Project. For purposes of environmental impact analysis, the option with the greatest potential environmental impact, Option 1— Elevated Platform Access, will be the proposed Option evaluated throughout this document to account for the worst -case scenario of the Revised Project. Furthermore, for the proposed extension to occur, a GPA is required to augment how Painters Path is identified in the City's transportation network from "local street" to "enhanced secondary roadway." This would provide a natural "starting/ending" point for the Project in the western part of the City and connect the Project to one of the City's most popular outdoor amenities. Table 1 Bump and Grind Access Point Options Access Point Option Features Option 1— Elevated - Large footprint (add footprint estimate) Platform Access Point - Vertically separated from traffic - Requires considerable fill material - Approximately 8' retaining wall facing Painters Path City of Palm Desert Addendum to the Adopted CV Link EIR Page 6 13 CV Link Environmental Impact Report Addendum Requires railing - Accessible via stairs and connector ramp - Two metal shade structures Option 2 — Limited - Smaller footprint Earthwork Access - Set back from traffic Point - Requires limited grading - Minimal retaining wall - No railing - Accessible only via connector ramp - One metal shade structure Option 3 — Balanced - Large footprint Platform Access Point - Elevated slightly from traffic - Balanced cut and fill - Approximately 4' retaining wall - Accessible via stairs and connector ramp - Grading to trails may need to be adjusted - Two metal shade structures Concurrent with the additional features described above, an in -channel berm crossing is proposed within the Whitewater River Channel approximately 0.25 miles east of Cook Street and directly south of the Coachella Valley Water District's (CVWD) Water Reclamation Plant No. 10 as an extension of the CV Link. As shown in Exhibit 4, Proposed In -Channel Berm Crossing, the berm crossing will consist of two fourteen foot wide ramps on the north and south banks of the Whitewater River Channel, each with a landing/transition pad to be connected by an in -channel berm crossing with a fourteen foot wide path. A weir structure will be constructed directly north of the north bank landing/transition pad (as shown in Exhibit 4) and includes a box culvert to convey water flows under the landing/transition pad. The in -channel berm crossing will be constructed as a low water crossing that will allow flows from storm events to flow through the channel and will consist of compacted native sediments. Furthermore, the in -channel berm crossing will be designed to erode in the event of a significant storm event and be repaired/reconstructed with compacted native sediments. Additional design will be required for the grading and slope protection between the berm crossing and the ramps. See Section 2.2, Analysis of Environmental Effects Between the Project and Proposed Changes, below for further impact discussion. Alternative 1 of the EIR analyzed four proposed termini options (Terminus A through D) for the CV Link terminus at the border between the City and City of Indian Wells, which included analysis of the proposed in -channel berm crossing. Per the Notice of Determination (NOD) filed on May City of Palm Desert Addendum to the Adopted CV Link EIR Page 7 2LI CV Link Environmental Impact Report Addendum 16, 2017, for the EIR, the approved alternative, Alternative 1, incorporated Terminus B as the determined terminus option and does not include an in -channel berm crossing. Terminus B will be located at the Palm Desert/Indian Wells border at the intersection of the old (now abandoned) and partially paved El Dorado Drive alignment at Fred Waring Drive, which currently provides CVWD access and Southern California Edison (SCE) access to an adjoining substation. However, as shown in Exhibit 2-20, Indian Wells Termini of the EIR, the proposed in -channel berm crossing was analyzed under Terminus C of Alternative 1. Terminus C would be located on the north bank of the channel and would be reached by an in -channel crossing that would cross the wash and ramp onto the north bank channel service road. The in -channel berm crossing of the Revised Project will be consistent with Terminus C as analyzed in the EIR; however, with the Revised Project Terminus C will extend approximately 4,100-feet along the boundary of the City of Indian Wells and the CVWD Palm Desert Operations Center before heading west at Hovley Lane East and connecting to the improved signalized intersection of Hovley Lane East and Tava Lane East. Consistent with the NOD for the EIR, the in -channel berm crossing will not be within the jurisdictional boundary of the City of Indian Wells and will be entirely within the jurisdictional boundary of the City of Palm Desert. As shown in the Jurisdictional Delineation Report of the EIR, the in -channel berm crossing will impact United States Army Corps of Engineers (USACE) non -wetland area. As such, per Mitigation Measure BIO-6 of the EIR requires Section 404 permit approval by the USACE pursuant to Section 404 of the Clean Water Act prior to the initiation of construction for the in -channel berm crossing. Additionally, as conditioned by Mitigation Measure BIO-9 of the EIR, CVAG applied for and was issued a Section 1602 Streambed Alteration Agreement (Section 1602 Agreement) from the California Department of Fish and Wildlife (CDFW) as of December 28, 2018. Issuance of the Section 1602 Agreement determined that the Project, including the proposed in -channel berm crossing, could substantially adversely affect existing fish or wildlife resources and has included measures in the Section 1602 Agreement necessary to protect those resources to reduce potential impacts to a level that is less than significant. The Section 1602 Agreement is provided at the end of this document as Appendix A. Table 2, Comparison Between the Project and Revised Project, lists the Project Elements that make up the Project and the Revised Project to the project description for the enhanced designs. Exhibit 1, Approved Project vs Revised Project, shows the renderings of the Project, and the Revised Project with the extension of the corridor to the Bump and Grind trailhead along Painters Path and in -channel berm crossing and extension to Hovley Lane East. Exhibit 2, Revised Project Design, displays several conceptual layouts of the enhanced design, including the buffered two- way bicycle track and separated sidewalk. Photos showing the Revised Project sections are shown in Exhibit 5, Site Photos, with Exhibit 6, Site Photo Locations, identifying locations of the site photos, including sub -exhibits 6a and 6b for the Bump and Grind and in -channel berm crossing City of Palm Desert Addendum to the Adopted CV Link EIR Page 8 25 CV Link Environmental Impact Report Addendum locations. Exhibit 5 is segmented into three sub -exhibits, Exhibit 5a, 5b, and 5c displaying site photos of the enhanced CV Link designs, Bump and Grind Access Point, and in -channel berm crossing respectively. 2.2 Analysis of Environmental Effects Between the Project and Proposed Changes The following analysis evaluates the Revised Project to the Project for those environmental issues that: 1) have the potential to cause an impact, and thus implementation of mitigation measures are required; or 2) an issue was raised in a comment on the public draft of the ISJMND that required additional consideration. City of Palm Desert Addendum to the Adopted CV Link EIR Page 9 2lo CV Link Environmental Impact Report Addendum Exhibit 1 Project vs Revised Project [wrtlfiwd - y Cia�ey Cn y Ar •n� c—m •rr..yn 11 wa[N En I C q C0. tiA F vra 7Ya �� * C....rrl,.r.l. Mwrn orjr p Viq praR - ` arm ... y,Anr' ae�rero Rf ". rare" Nr, lr W Q'� P/1111 Dnrre arf.fennsa. lwpaa.Or rrw ar Y� CalYrna Way 6w1/4r�a� Legend c—c. MINIM Wells Cerd4lad CV Link FaotprinS . Cr Pacrn 3 .aa[ Yf0 GS2il 'j, 1�1. •rivyryr � - ^+.r : �' 1Wli cr .r e y.+� r ilncne lld ri� b i • [..... u �Cn:F 3 Ir.e Mrnq Gr P� d/�arS irn Manrq 4+ Sprgr.ry lfr IraC lamny A t.w�eawar Legend t bdIan *&PIS Enhanced CV Link Footprint ` es a... J 1 irl = S,Si3 rI The Approved Project vs Revised Project Exhibit .y i `... `S'. GCOU� Palm Desert CV Link El it Addendum i City of Palm Desert Addendum to the Adopted CV Link EIR Page 10 Loca4on 4 - Exisiing r -71 . r Loca*on 4 - Proposed 1►V7 Source: City of Palm Desert, 2018 +�' o The Revised Project Design Exhibit B Altum Group Palm Desert cv Link EIR Addendum a W Loca*on 5 - Exisiing Source: City of Palm Desert, 2018 The GAltum Group Al Loca#on 5 - Proposed } Revised Project Design Palm Desert CV Link EIR Addendum 0 Exhibit 7 toca4cn 6 - Exisiing 5purce: City of Palm Desert, 2018 EIISGThe Revised Project Design Exhibit Altum roup Group Palm Desert N Link EIR Addendum 2 I Locafon 7 - Exisiing +_ - ;�' - Mt Source: City of Palm desert, 2018 ,3 The Altum Group Locaion 7 - Proposed Revised Project Design Exhibit Palm Desert CV Link EIR Addendum 2 31 Locaion 7 - Exisiing Source: City of Palm Desert., 201a The m EIESGroup Lgcaion 7 - Proposed Revised Project Design Palm Desert CV Link EIR Addendum N W E 5 Exhibit z 32 Localon 8 - Exisift Source: City of palm Desert, 2018 The Alturn Group - Z m �nrexer ,A-"r --- If Revised Project Design Exhibit Palm Desert CV Link EIR Addendum 33 localon 9 - Exisiing I i Localon 9 - Proposed K 09 to:9% 0 NOWreUVAYME J Sourre=City of Palm Desert, 2018 The Revised Project Design tum Group Palm Desert cv Link EIR Addendum N Z m 4 t 40 Exhibit i 3ti Cocalon 10 - ExisWg Source! City of Palm Desert, 2018 The Altum Group kz Lo:a%n 10- Revised Project Design Palm Desert CV Link EIR Addendum ..wr�s:r.�ws„uca N W E S Exhibit 2 35 Loca$un 11 - Loceion 11 - Source: City of Palm Desert, 2013 The Revised Project Design tum Group Palm Desert [v Link EIR Addendum N W E S Exhibit 2 Loc@*Dn 12 - fxisi4ng MIL too" t' LOC34on 12 - Proposed Source: City of Palm Desert, 2018 The alsGr um Group Revised Project Design Palm Desert CV Link EIR Addendum sarao.i.wtmwne:m. rm H W E Exhibit z 37 loca®on 13 - Exisihzg Rom Loca4on 13 - Proposed Source: City of Palm Desert, 2018 The Revised Project Design ElAltum G Group Group Palm Desert CV Link EIR Addendum N W E S Exhibit 2 Loca*on 14 - Exisiing Source: City of Palm Desert, 2018 The Altum Group w Loca4on 14 - Proposed 6- 4. - Revised Project Design Palm Desert CV Link EIR Addendum L N W E 5 Exhibit 2 39 Localon 15 - Exisftg r .s o� Loca*vn 15 - Proposed Source: City of Palm Desert, 2018 The Revised Project Design i3 S Grtum Group Palm Desert CV Link E!R Addendum N W 5 Exhibit 2 yU Op*an 1 LARGE VOOTRMMT AP iS YER lIC_ LLV SMIZIL LO PROM TUACOC AEOVIAGS COHMOLPASLC F-LL HAT[RIAL APPROA Y RUAIMING WALL PACIMC STREET ACCESSiBIE VIA STAIRS OR COMNECTOR AATaP L_ I Ft Sou rce:Alta Planning+ Design, Inc., 2019 The Bump and Grind Access Point Exhibit i3Gp1��li M Palm Desert CV Link EIR Addendum 3 Group Source -.Ake Planning+ Design, Inc,, 2019 The Bump and Grind Access Point El G Grtum Group Palm Desert CV Link E1R Addendum Op*on 2 Exhibit H I Op4vn 3 uaa[ FOOTPRINT AP IS 5LFV'AT[D kwP wSLY FGOb1 rpuv< 6ALANCEi1CWJT P{L A[MROX 40AINING WALL EACING$TONI Of QUOKS 4AILING ACaSS160 E NIA STAWS Co CONNECTOR RAMO GRADING TO TRAILS MAN NEED TO BE ADA47CD FT Source: Alta Planning+Design, Inc., 2019 The Bump and Grind Access Point Exhibit Altum Group Group Palm Desert CV Link I:IR Addendum 3 H 3 Source: Alta Planning + Design, I nc., 2019 The Altum Group i Bump and Grind Access Point Palm Desert CV Link EIR Addendum OPTION i OPTION 2 OPTION 3 Sec*ons Exhibit 3 H� � .------------- -- --- - �- �- -- - --- - Source: AI[ a Planning+ Design, Inc, 2019 The Altum A-1 W Group WHITEWArER RIVER CHANNEL CV Link Berm Crossing & Ramps Palm DesertCV Link EIRAddendum See Exhibit 4a For proposed extention to Havely Lane xw*Art �•� •�e� c• it wa....r wor wr•p • a. -------�--------- w� Ar++IY/Ywm aAaPS Exhibit 4 H 5 'W., y , mill, ti ■ 710, W�f �• `;at�ip;,,. r�-w _+ •� t � fir•- Y iltOb �nced GV Link Footprint -NLs Ui3rV Ll'i ...� 1if1iki71ii�tk'4+j4IjfII! ii$na .oca4on 1 - Painters Path Facing Northwest Location 3 - Painters Path Facing Northeast Location 2 - Painters Path and Fred Waring Dr. Facing North -ocation 4 - Painters Path and Highway 111 Facing Northeast The site Photos Exhibit A l X Ll rl'1 El G Group Palm Desert CV Link EIR Addendum 5A L41 .ocalon 7 - Monterey Ave. and College of the Desert Facing North '.or a6 )r i, •'ark View Dr. Facing Fast ,a[alon 8 - Monterey Ave. Facing Northeast The Site Photos Exhibit FMI G ,i1tLIm! Group Palm Desert CV Link EIR Addendum 5A wi LocaPnn V - Monterey Ave. Facing North Localon 11 -Magnesia Falls Dr. facing East LocaR7n 10 - Magnesia Falls Dr. Facing East oca*an 12 - Magnesia Falls Dr. and San Pablo Ave. Facing Southwest The Site Photos Exhibit .-; ! 1; i_ f't . G Group Palm Desert CV link EIR Addendum SA L49 Loca*on 15 - Magnesia Falls Dr. Facing West The Site Photos rz Group Palm Desert CV Link EIR Addendum Loca ton 14 - Magnesia Falls Dr. Facing West _oca9on 15 - Magnesia Falls Dr. Facing East Exhibit 5A so Loca90n 3 - Facing Northwest Location 2 - Facing Northeast Location 4 - Facing Northeast GThe sump and Grind Access Point Site Photos Exhibit Group Palm Desert CV Link EiR Addendum 56 51 Localon 5 - Facing South Loca#on 3 - Facing Southeast The Bump and Grind Access Point Site Photos Exhibit GAltu m Palm Desert CV Link EIR Addendum 56 Group 6Z Loca1On 3 - Near South Bank facing SouthEast Luca k)n 2 - South Bank facing NorthEaSt oca9an 4 - Center facing East The Bump and Grind Access Point Site Photos Exhibit AFtum C, Group Palm Desert [V Link EIR Addendum gC 53 .-OMOIr r 5- North Rank Location 7 - North Bank facing West Location 6 - North Bank facing NorthEast Location 8 - South Bank Facing NorthWest The Bump and Grind Access Point Site Photos Exhibit tu Groupp Palm Desert CV Link EIR Addendum 5C Gr 54 g 4 [] A 0 a v r9 `� Csyr; de $� Clancy Ln a Rancho t.ar Painat Ca Mitt club 1 n: UPI. �aFiElav, B tZancho Rd See Exhibit 52 for s s ,, fir a Bump and Grind Pi W Novlry Ln W .',�;c �Sd �b CarsftnaAryie" y Hurley La E MMMR&l hbrla; 176unr!y c rob So' rr f' Part n � MO MA rey co entry r-hrt canli.do r t Merle See Exhibit bb for Berm Crossing Photo Locations caow. Ruupdye W ay [1 ctof" an 11'a aen u Fred Waving ❑r Palm Dowt Fred Wannq or Spyylaas: 6r Catalina Way !. w.,a>.a s7npp!rlplo»n a Jµwr yF'x+ Q IFI Legend r Ftnl QPhoto Locations — Enhanced CV Link Footprint Lill = [,Dvu It The Altum Group T-F-Ia3�6C Lamest 5 t Mounidon prJoshua Tree4Sc a Ironwop¢$t 4 Fairway or rko unwn `o G- r. u5G6 Q Z,%a T PVrNGsEw Jean, rnEn 6r�1n� iHenp Kmp, Eve Keno Eve i�►j�d�trCVi V 00rn9lrrA/ao m.a.,ey� er.o Ar Bur ni W-. Site Photo Locations Palm Desert CV link EIR Addendum Exhibit 6 b5 CNESVwbus DS, USDA USGS, 1in=83R The Bump and Grind Access Point Photo Locations Exhibit Altur7 Group Palm Desert CV Link EIR Addendum fia 5(.0 tin=208ft The Berm Crossing Photo Locations Lxhihit iais Group Palm Desert CV Link El Addendum 5b CV Link Environmental Impact Report Addendum The proposed revisions to the project would not alter the findings of the adopted EIR for a number of environmental issues as summarized in Table 2, Comparison of Environmental Impacts Between the Project and Revised Project. Table 2 Project Elements Site Length (palm Desert Section) Terminus Points Western Comparison Between the Project and Revised Project Project Revised Project 4 miles 5.25 miles Highway 111 at Parkview Drive Eastern Intersection of the old (now abandoned) and partially paved EI Dorado Drive alignment on Fred Waring Drive at the Palm Desert/Indian Wells border Corridor Features Painted pavement, signage and other minor improvements City of Palm Desert Addendum to the Adopted CV Link EIR Painter's Path at Bump & Grind Trailhead Intersection of the old (now abandoned) and partially paved El Dorado Drive alignment on Fred Waring Drive at the Palm Desert/Indian Wells border and on north bank of Whitewater River Channel at the Palm Desert/Indian Wells border and continuing north along the same border to connect to Hovley Lane East at Tava Lane East. Buffered Two -Way Cycle Track Extension along Painters Path to Bump & Grind Trailhead including access point Painted pavement, signage and other minor improvements In -channel berm crossing New pavement and other minor improvements Page 36 19 CV Link Environmental Impact Report Addendum Table 3 Comparison of Environmental Impacts Between the Project and Revised Project Environmental i Issues Project I Revised Project Aesthetics Less than Significant Impact with Mitigation The Revised Project would not Incorporated. result in any new significant impacts or cause significant Through implementation of Mitigation impacts to be more severe. Measures AES-1 and AES-2, construction staging areas would be screened from public All Mitigation Measures view and lighting plans would demonstrate regarding aesthetics of the EIR lighting that would not extend beyond the will be applied to the Revised edge of the ROW. Project. Impacts from the Revised Project would be similar to the impacts stated in the EIR. Agriculture and No Impact, Forest Resources There are no forestry resources in proximity to The Revised Project would not the project planning area. None of the CV Link result in any new significant alignments will interfere with agriculture impacts or cause significant resources and there will be no impacts to impacts to be more severe. these resources. Resource topic was omitted from Certified EIR due to no anticipated Impacts from the Revised impacts. Project would be similar to the impacts stated in the EIR. Air Quality Less than Significant Impact with Mitigation Incorporated, The Revised Project would not result in any new significant Through implementation of Mitigation impacts or cause significant Measures AQ-1 and AQ-2, a dust control plan impacts to be more severe. will be prepared and implemented by all contractors during all construction activities, All Air Quality Mitigation along with use of aqueous diesel fuels, diesel Measures of the EIR will be particulate filters and diesel oxidation catalyst applied to the Revised Project. for all construction equipment in compliance with the requirements of SCAQMO Rules 403 Impacts from the Revised and 403.1. These mitigation measures would Project would be similar to the reduce impacts to less than significant. impacts stated in the EIR. City of Palm Desert Addendum to the Adopted CV Link EIR Page 37 CV Link Environmental Impact Report Addendum Environmental issues Project Revised Project Biological Less than Significant Impact with Mitigation Resources Incorporated The Revised Project would not result in any new significant Through implementation of Mitigation impacts or cause significant Measure BIO-1, BIO-2, BIO-3, and BIO-11, all impacts to be more severe. impacts would be reduced to less than significant See further discussion below for All Biological Resources Mitigation Measure descriptions. Mitigation Measures of the EIR will be applied to the Revised Project. Impacts from the Revised Project would be similar to the impacts stated in the EIR. Cultural Resources Less than Significant Impact with Mitigation The Revised Project would not Incorporated. result in any new significant impacts or cause significant Through Mitigation Measure CUL-2, CVAG impacts to be more severe. shall prepare a construction archaeological monitoring program, and the program shall be All Cultural Resources designed and implemented in coordination Mitigation Measures of the EIR with local Native American groups. will be applied to the Revised Project. Impacts from the Revised Project would be similar to the impacts stated in the EIR. Geology and Soils Less than Significant Impact with Mitigation Incorporated. The Revised Project would not result in any new significant Site will be developed in accordance with impacts or cause significant California Building Code, Seismic Hazards impacts to be more severe. Mapping Act, and Alquist-Priolo Earthquake Fault Zoning Act requirements. Through AN Geology and Soils Mitigation implementation of Mitigation Measures GEC- Measures of the EIR will be 1 through GEO-16, impacts would be reduced applied to the Revised Project. to less than significant. City of Palm Desert Addendum to the Adopted CV Link EIR Page 38 CV Link Environmental Impact Report Addendum Environmental Issues Project I Revised Project Impacts from the Revised Project would be similar to the impacts stated in the EIR. Greenhouse Gas Less than Significant Impact Emissions The Revised Project would not The Project would be in accordance with the result in any new significant City of Palm Desert's Climate Action Plan. impacts or cause significant Total project emissions (construction and impacts to be more severe. ❑perations) would be under the applicable SCAQMD thresholds for COz Impacts from the Revised equivalent Project would be similar to the impacts stated in the EIR. Hazards and Less than Significant Impact. Hazardous The Revised Project would not Materials Elevated pesticide concentrations from the result in any new significant history of persistent pesticides on the College impacts or cause significant of the Desert Campus are not anticipated. The impacts to be more severe. land within and adjacent to the approved CV Link Route has been redeveloped and any All Hazards and Hazardous residual pesticides have been removed long Materials Mitigation Measures ago. Less than Significant Impact associated of the EIR will be applied to the with persistent pesticides is anticipated. Revised Project. Impacts from the Revised Project would be similar to the impacts stated in the EIR. Hydrology and Less than Significant Impact with Mitigation Water Quality Incorporated. The Revised Project would not result in any new significant Through implementation of Mitigation impacts or cause significant Measures HYD-6 and HYD-7, a Construction impacts to be more severe. related SWPPP and operation's WQMP, and BMPs during construction activities shall be All Hydrology and Water implemented. Via Mitigation Measure HYD-3, Quality Mitigation Measures of the Project shall comply with the City of Palm Desert Addendum to the Adopted CV Link EIR page 39 CV Link Environmental Impact Report Addendum Environmental Issues I Project requirements of the National Pollution Discharge Elimination System (NPDES). Land Use Less than Significant Impact with Mitigation Incorporated. Through Mitigation Measure LU-1, structural and landscape screening provided in the Conceptual Master Plan standards and guidelines will be applied where CV Link alignments abut residential land uses. Energy and Mineral Less Than Significant Impact. Resources The inclusion of 42 solar panels will significantly minimize the Project's need for electricity from utility providers, with approximately 88% of the Projects electric need generated from these solar panels. The Project would be located away from identified and/or actively mined sand and gravel resource, the only locally -important mineral resource in the planning area. The impact of the Project on the availability of the sand and gravel resource would not be significant because the volume of material permitted for mineral extraction is sufficient to meet demand for approximately 130 years at current rates of consumption. City of Palm Desert Addendum to the Adopted CV Link EIR Revised Project the EIR shall be applied to the Revised Project. Impacts from the Revised Project would be similar to the impacts stated in the EIR. The Revised Project would not result in any new significant impacts or cause significant impacts to be more severe. All Land Use Mitigation Measures of the EIR shall be applied to the Revised Project. Impacts from the Revised Project would be similar to the impacts stated in the EIR. The Revised Project would not result in any new significant impacts or cause significant impacts to be more severe. Impacts from the Revised Project would be similar to the impacts stated in the EIR. Page 40 Coll CV Link Environmental Impact Report Addendum Environmental I Project !I Revised Project Issues Noise Significant and Unavoidable. The Revised Project would not Through Mitigation Measure N-1, project result in any new significant construction activities will occur between the impacts or cause significant permitted hours of the City of Palm Desert's impacts to be more severe. Municipal Code. Through implementation of Mitigation Measure N-2 through N-7, Alt Noise Mitigation Measures construction noise and vibration impacts of the EIR will be applied to the would be reduced to the greatest extent Revised Project. feasible. However, significant and unavoidable impacts Impacts from the Revised from construction -related noise and vibration Project would be similar to the impacts would remain during construction. impacts stated in the EIR. Population and Less than Significant Impact. Housing The Revised Project would not The Project would not induce any substantial result in any new significant population growth in the project area. The impacts or cause significant Project does not propose new homes or impacts to be more severe. businesses, and will not directly attract permanent residents to the area. Vacant Impacts from the Revised parcels in close proximity to the pathway may Project would be similar to be more appealing to future develops due to impacts stated in the EIR. enhanced accessibility, however the project itself would have no direct impact on land use designations, development proposals, or building densities. Workers from outside the Coachella Valley may visit or reside temporarily in the area during construction, but are not expected to stay permanently as a result of the project. Public Services Less than Significant Impact with Mitigation Incorporated. The Revised Project would not result in any new significant Construction staging and storage areas will be impacts or cause significant fenced and locked. Implementation of impacts to be more severe. Mitigation Measure PS-1 shall require that all equipment shall be returned to staging and All Public Services Mitigation storage areas at the end of each work day. Measures of the EIR will be Implementation of this mitigation measure applied to the Revised Project. would reduce impacts to less than significant. Impacts from the Revised Project would be the similar to the impacts stated in the EIR. City of Palm Desert Addendum to the Adopted CV Link EIR Page 41 L A CV Link Environmental Impact Report Addendum Environmental Issues I Project ' Revised Project Recreation Less than Significant Impact with Mitigation Incorporated, The Revised Project would not The Project will comply with the Parks and result in any new significant Recreation Element Policies for the City of impacts or cause significant Palm Desert. The Project may increase impacts to be more severe. recreation usage for facilities in the proximity of the CV Link such as the College of the All Recreation Mitigation Desert, however none of these facilities are at Measures of the EIR will be capacity and there would be less than applied to the Revised Project, significant impacts during the operation phase. Impacts from the Revised Project would be similar to the impacts stated in the EIR. Transportation and Less than Significant Impact with Mitigation Traffic Incorporated. The Revised Project would not result in any new significant Through implementation TRA-1, construction impacts or cause significant activities shall meet or exceed all applicable impacts to be more severe. federal, state and local statutory requirements for public safety. The Project will adhere to the All Transportation and Traffic Circulation Element of the City of Palm Desert Mitigation Measures of the EIR General Plan will be applied to the Revised Project. Impacts from the Revised Project would be similar to the impacts stated in the EIR. Utilities and Less than Significant Impact. Service Systems The Revised Project would not The Project will result in an increase of less result in any new significant than 1% in water demand from all water impacts or cause significant providers. Construction and operation of CV impacts to be more severe. Link alignments developed under the Project City of Palm Desert Addendum to the Adopted CV Link EIR page 42 Environmental Issues CV Link Environmental Impact Report Addendum Project Revised Project would not require the construction or Impacts from the Revised expansion of storm water or wastewater Project would be similar to the facilities, because their impacts on these impacts stated in the EIR. facilities will be minimal and sufficient capacity exists. The Project would comply with federal, State, and local statutes and regulations. Based on review of the Project compared to the Revised Project, the main difference in impacts to environmental topics are as summarized: Aesthetics As described in the EIR, the portion of the Project alignment in the City utilizes existing bike and golf cart paths and sidewalks from the western City limits to Deep Canyon Road where it ultimately connects to the existing Class I separated pathway. In these areas, scenic vistas are severely limited due to surrounding existing development and mature landscaping. Improvements to the City portion in this area would largely consist of hardscape, painted pavement, signage, and other minor improvements. Per the Mitigation Measures AES-1 and AES- 2 (mentioned in Table 2), aesthetic impacts would be less than significant with mitigation incorporated. The Revised Project consists of enhanced design improvements for CV Link largely focused on safety. The Revised Project includes a buffered two-way cycle track to be implemented on existing roadway and buffered from vehicles by a raised curb or very small median. Relative to the improvements of the Project, the buffered two-way cycle track would result in minor changes to the visual character of the project site. The same color palette (blue and orange) approved for the Project would also be utilized for the Revised Project (as shown in Exhibit 2) and the only substantial aesthetic change would be the proposed raised curb or very small median of the two- way cycle track, which would result in a less than significant aesthetic impact. Furthermore, the Revised Project would utilize existing sidewalk and landscaping which would further reduce the visual impact of the two-way buffered cycle track. The Revised Project also includes the extension of the western terminus of the CV Link along Painters Path to the Bump and Grind trailhead and to the eastern terminus along the City's boundary with the City of Indian Wells. Given that the proposed extension was not included in the approved core route of the Project, development of the Revised Project would impact aesthetic resources. Scenic views afforded along the proposed section of Painter's Path are surrounded by existing development and mature landscaping, with the exception of the Santa Rosa Mountains to the west in both the middle ground from Highway 111 to Fred Waring Drive, and in the foreground from Fred Waring Drive to the Bump and Grind Trailhead. In addition, surrounding mountain views are obscured by existing improvements with the CVWD's Palm City of Palm Desert Addendum to the Adopted CV Link EIR Page 43 (.05 CV link Environmental Impact Report Addendum Desert Operation Center by mature landscape, settling ponds, and buildings. The proposed extension of the Revised Project would not obstruct the existing scenic views provided along Painters Path or along the CVWD's Palm Desert Operations Center and border with the City of Indian Wells. Nonetheless, all Mitigation Measures for aesthetic resources of the Certified EIR will be applied to the Revised Project. As such, the enhanced design improvements and the proposed extension along Painter's Path would not result in any new significant impacts or cause significant impacts to become more severe. Bump and Grind Access Point An access point to the Bump and Grind trailhead would be constructed near the existing trailhead marker to improve the existing access condition via stairs and/or connector ramp to the proposed CV Link extension along Painters Path. The access point option with the highest level of aesthetic impact, Option 1, would have an eight foot high retaining wall facing east towards Painters Path and be vertically separated from traffic. Railing for the access point would be required and two shade structures identical to those approved in the EIR would be constructed within the area of the access point. These improvement features would not obstruct scenic views of the Santa Rose Mountains and would only impact the direct foreground, which consists of creosote bush scrub, trail markers, and the beginnings of the various Bump and Grind trails. Therefore, visual impacts to scenic views along Painters Path by the raised curb/very small median of the buffered two-way cycle track, proposed CV Link signage, and access point to the Bump and Grind trailhead would not result in any new significant impacts or cause significant impacts to become more severe. In -Channel Berm Crossing and Extension The in -channel berm crossing will consist of two ramps from the north and south bank graded downwards into the Whitewater River Channel connecting to the berm. Along the northern side of the berm, the alignment extends approximately 4,100-feet along the CVWD's Palm Desert Operations Center and terminates at the intersection of Hovley Lane East and Tava Lane East. The area surrounding the northern extension is substantially improved with block walls, mature landscape, partially paved roads and water facility settling ponds. Since the berm and connecting ramps would be within the Whitewater River Channel, potential visual impacts during operational use to the surrounding Santa Rosa Mountains to the south would remain less than significant. Furthermore, construction activities of the Revised Project would result in temporary obstruction of scenic vistas. Construction activities would be short-term in nature and therefore, would not result in any new significant impacts or cause any significant impacts to become more severe. Biological Resources As shown in Exhibit 7, Santa Rosa and San Jacinto Mountains Conservation Area, the proposed extension of the western terminus from Highway 111 and Park View Drive to the Bump and Grind City of Palm Desert Addendum to the Adopted CV Link EIR Page 44 CV Link Environmental Impact Report Addendum Trailhead along Painter's Path closely approaches and is adjacent to, but does not encroach upon the Santa Rosa and San Jacinto Mountains Conservation Area of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). Construction associated with the Revised Project along Painter's Path would be within existing paved surfaces and within public roadway ROW. Bump and Grind Access Point As shown in Exhibit 7a, Bump and Grind Access Point CVMSHCP Adjacency, the Bump and Grind Access Point is adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area. The vicinity where the access point will be located has several large mature creosote bush (tarred tridentate) on site. However, due to the abundance of creosote bush in the area surrounding the Bump and Grind Trailhead and creosote bush not listed as a protected species under the California Native Plant Society (CLAPS) Rare Plant Ranks and the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), impacts to natural vegetation communities and habitats within the Conservation Area are expected to be entirely avoided. Nonetheless, as a Permittee of the CVMSHCP, the City must comply with all applicable terms and conditions of the CVMSHCP and implementation of the "Land Use Adjacency Guidelines" as described in Section 4.5 of the CVMSHCP for any portion of the Revised Project that is adjacent to the Santa Rosa and San Jacinto Conservation Area. As such, Mitigation Measure BIO-2 of the EIR, which addresses implementation of Section 4.5 of the CVMSHCP, would be applied to the Revised Project along Painter's Path. Furthermore, Mitigation Measure BIO-1 of the EIR shall be implemented to ensure that the CVMSHCP local development mitigation fee is paid by the appropriate agency, in this case, the City. Additionally, as shown in Exhibit 5a (Locations 1 through 3), ornamental trees and plants that have the potential to provide suitable nesting habitat for nesting birds protected under the Migratory Bird Treaty Act (META) are located along both sides of the proposed corridor along Painter's Path. While construction activities for the Revised Project may not result in removal of existing ornamental vegetation, and thus direct impacts, adjacent construction has potential for direct disturbance to nesting birds. As with the above mentioned mitigation measures, Mitigation Measure BIO-3 of the EIR shall be implemented to ensure that preconstruction nesting bird surveys are conducted for all construction activities that take place during nesting bird season (February 151to August 3111). In the event that active nests are found, exclusionary fencing shall be placed 200 feet around the nest until such time as nestlings have fledged. Nests of raptors and burrowing owls shall be provided a 500-foot buffer. Mitigation Measure BIO-11 of the EIR w i I I also be required to enhance pet control along the proposed corridor. As such, the Bump -and - Grind Access point would not result in any new significant impacts or cause significant impacts to become more severe. City of Palm Desert Addendum to the Adopted CV Link EIR Page 45 �1 CV Link Environmental Impact Report Addendum In -Channel Berm Crossing As mentioned above, the in -channel berm crossing would be constructed within the Whitewater River Channel, with ramps connecting to the berm crossing from the north and south bank. Native vegetation, where present adjacent to the alignment, is mostly dominated by a mixture of Sonoran creosote bush/mixed woody and succulent scrub (Larrea tridentate/Ambrosio dumosa shrubland alliance in the CVMSHP). The Whitewater River Channel is under the joint jurisdiction of the United States Army Corps of Engineers (USACE), CDFW and Regional Water Quality Control Board (RWQCB). The specific segment in which the proposed in -channel berm crossing is located within is under the jurisdiction of both the USACE and the CDFW. As mentioned above, CVAG has applied for a Section 404 Permit with the USACE, and has received a 1602 CDFW Streambed Alteration Agreement per Mitigation Measure B10-9 of the EIR, for the entirety of the Project. All avoidance and minimization measures included within the Section 404 Permit (once issued) will be applied to the Revised Project. Per the Section 1602 Agreement there will be no permanent or temporary impacts to USACE/CDFW wetlands. Permanent impacts to CDFW jurisdiction would be 0.0001 acres and temporary impacts to CDFW jurisdiction would be 0.06 acres. All avoidance and minimization measures to protect fish and wildlife resources as listed in Appendix A will be adhered to and would ensure that any potential impacts to biological resources would be reduced to a less than significant level. Furthermore, the Section 1602 Agreement permits for repair/reconstruction of the in -channel berm in the event of a significant storm event that erodes the berm crossing. Therefore, with implementation of all biological resource mitigation measures of the EIR, along with implementation of avoidance and minimization measures as required by the Section 404 Permit and 1602 CDFW Streambed Alteration Agreement, the in -channel berm crossing would not result in any new significant impacts or cause significant impacts to become more severe. City of Palm Desert Addendum to the Adopted CV Link EIR Page 46 (A CV Link Environmental Impact Report Addendum Exhibit 7 Santa Rosa and San Jacinto Mountains Conservation Area r� F'alm CM&I DF CIO l � 12 O.wnThr la I. IF O 6 a H6 Yk`y L.n.W 7. ;' p;°" rarYrvyCS Cnvniry Cr.b �br Fl ler•Ir u 5"4,V)N ' �n AMrrrol[. �.rvrld r , At 0.wn sprgr ,tp A 1++a Ar4 Sp. Cri e r:lercy Ln A'+C Cam me prr k tFr,vley «n F .\ Hovlrr lo-�'a G Crraprrrll � ? �•i• `C; ,s Coun„CAha V.rkr ... t� _ •�. Rawc ho s''c CowlpyCluh _ 'un l q+� Wt bqy o..t Cv f p.xnna ran pyyryaa COMW, rl-t• M! rk ❑i VI,T A The Fin! Tw PWcupw CMk GO" RamRd C C40 COOMP P�IEd jr wnY s�- thr o.rn faSee Exhibit 7a for � _' t7 FredVr'atlrq Rt Palm Deserl rc1 Access Point Adjacency .7 •Alit:i Rosa anil=SaiF .�• _ k Orwe Fwranr -I:cchilu �1riUi3faln5+•�7� "'•Cay.lry CYra M. .-T'. e'•"r.Lrngiu�" PPrrV x.i _ Carn --I E'Fasao riard.n. M EI ' �ii p}rW Wrrtla SI Legend :� to hW, Scsfk+i P [e 5t ww r, Ih Entranced CV L+n$ k Footprint + ,-..- Santa Rosa and San Jacinto Wou ntams i' r:. ��npY SI F.IIrWaJ (•r Fnrrw3l [IF 3 Corr"Nabw Area y,ry„r , uxr.. S�wces: �overs.me COuni>G;N'AG ypl tin-2y500ft The Santa Rosa and San. _ intains C _ Area Exhibit EIGAltum Palm ❑esen CV Link EIR Addendum 7 Group City of Palm Desert Addendum to the Adopted CV Link EIR Page 47 �� CV Link Environmental Impact Report Addendum Exhibit 7a Bump and grind Access Point CVMSHCP Adjacency . � t - Legend f • � - ■ Proposed Bump and Grind Access Point Santa Rosa and San Jacinto Mountains Conservation Area -Q Sources: Riverside County G15;:.;. . IPn=75ft The Bump and Grind Access Point CVMSHCP Adjacency Group tum Palm desert CV Link E I R Addendum G City of Palm Desert Addendum to the Adopted CV Link EIR Page 48 I() CV Link Environmental Impact Report Addendum Cultural Resources Bump and Grind Access Point The EIR conducted a one -mile radius records search at the Eastern Information Center, University of California -Riverside to identify previously recorded historical and archaeological resources along the alignment of the Project. Per the EIR, no sensitive archaeological or historical resources were identified within the area of the western terminus of the City's alignment of the Project. The proposed Bump and Grind Access Point is located approximately 0.4 miles southwest of the City's western terminus of the Project. However, construction of the Bump and Grind Access Point would include earth -moving operations, such as grading and excavation, which may have the potential to impact undisturbed soils and inadvertently discover subsurface archaeological resources. As such, all cultural resource mitigation measures of the EIR shall be implemented to ensure that the Bump -and -Grind Access Paint would not result in any new significant impacts or cause any significant impacts to become more severe. Geology and Soils Bump and Grind Access Point As shown in Exhibit 3 (Option 1), construction of the Bump and Grind Access Point would require considerable fill material. As such, the access point would be constructed from the same manufactured fill material to be used and as analyzed under the Project. The proposed manufactured fill will be accordance with the recommendations of the Preliminary Subsurface Investigation and Geotechnical Background Report (Petra Geosciences, Inc. 2016). Furthermore, all geology and soils mitigation measures will be implemented to ensure that standard erosion control methods, slope stabilization measures, removal and compaction of loose surficial soils or soil reinforcement and imported fill material requirements are adhered to. As such the Bump - and -Grind Access Point would not result in any new significant impacts or cause any significant impacts to become more severe. In -Channel Berm Crossing As analyzed in Alternative 1 of the EIR, impacts to improvements within the Whitewater River Channel for the Project associated with ground failure, liquefaction, landslides, lateral spreading, subsidence, and other ground failure potential would be similar to impacts anticipated for the Revised Project. The ramps connecting to the in -channel berm crossing from the north and south banks of the Whitewater River Channel would be composed of the same manufactured fill described for similar improvements within the Whitewater River Channel of the Project. As such, City of Palm Desert Addendum to the Adopted CV Link EIR Page 48 �I CV Link Environmental Impact Report Addendum Mitigation Measures GEO-1 through GEO-16 of the EIR that include implementation of standard erosion control methods, slope stabilization measures, removal and recompaction of loose surficial sails or soil reinforcement, and establishing procedures for controlling erosion and runoff will be implemented to mitigate potential impacts from construction and operation of the north and south bank ramps for the in -channel berm crossing. The in -channel berm crossing itself would be constructed using compacted native soils. Native sails far the in -channel berm crossing would be of the same type as those included within Mitigation Measure GEO-7. As such, with the implementation of recommendations set forth in the Preliminary Subsurface Investigation and Geotechnical Background Report (Petra Geosciences, Inc., 2016) of the EIR and implementation of all geology and soils mitigation measures of the EIR, potential geology and soil impacts related to the construction and operation of the in -channel berm crossing would not result in any new significant impacts or cause significant impacts to become more severe. Hazards and Hazardous Materials As described in the EIR, potentially hazardous material sources and/or releases were not identified within or immediately adjacent to the Project. The EIR states that counties are authorized by State law to prepare Hazardous Waste Management Plans (HWMP) in response to the need for safe management of hazardous materials and waste products. Toxic and hazardous materials are regulated from a variety of Federal, State, and local agencies, including the U.S. Environmental Protection Agency (U.S. EPA), the California Office of Health Planning and Development, and county health departments. The EIR did not analyze potentially hazardous material sources and/or releases for the Revised Project's extension of Painters Path. According to the California Department of Toxic Substances Control (DTSC) Envirostor database, no cleanup sites were identified adjacent to or within close proximity of the proposed extension of Painters Path. The nearest cleanup site to the Revised Project extension of Painters Path is an inactive Military Evaluation cleanup site, Military Reservation, located approximately 1.07 miles southeast of the proposed extension, and would not result in a risk of release of hazardous materials in the Revised Project site. The extension of the Revised Project would not result in any new significant impacts or cause significant impacts to become more severe. In -Channel Berm Crossing As analyzed in the EIR, potentially hazardous material sources and/or releases were not identified within or immediately adjacent to the in -channel berm crossing. Temporary impacts would be produced as a result of chemicals, oils fuels, lubricants, paints and solvents during construction. However, adherence to the Riverside County HWMP and various regulations as mentioned above would minimize any potential risks from these materials. Therefore, development of the Revised Project would not result in any new significant impacts or cause significant impacts to become more severe. City of Palm Desert Addendum to the Adopted CV Link EIR Page 49 9 CV Link Environmental Impact Report Addendum Hydrology and Water Quality Construction activities of the Revised Project have the potential to emit a variety of water contaminants. These include sediments, trash and debris, oil and grease, fuels, lubricants, concrete waste, paints, sanitary waste and miscellaneous chemicals. As such construction BMPs referenced in the EIR from Mitigation Measures HYD-3 and HYD-4, and HYD-6 through HYD-8, would effectively reduce or avoid the discharge of any pollutants of concern ❑f the Revised Project, including the Bump and Grind Access Point that might enter nearby receiving waters. Operational impacts of the Revised Project that could affect water quality include trash and debris from humans, dog waste, nutrients and other chemicals from landscaped areas, and bacteria from pavement runoff are pollutants of concern for surrounding receiving waters. As such, a wide range of project design elements, including inert and non -toxic paving and coating materials, trash and waste receptacles, restrooms, signage, and regular maintenance, which are set forth in the EIR and Master Plan, would ensure that the Revised Project does not violate any water quality standards or waste water discharge requirements. Therefore, with implementation of all hydrology and water quality mitigation measures of the EIR, and design elements set forth in the EIR Master Plan, construction and operational impacts t❑ water quality standards or water waste water discharge requirements would not result in any new significant impacts or cause significant impacts to become more severe. Construction of the Revised Project would generate additional demand for water resources for dust control, hydro -consolidations of soils, haul truck cleaning, and related construction activities. The Revised Project would extend the length of the approved Project route by 0.5 miles, which is a 0.01 percent increase to the overall Project footprint. Per the EIR, the Project construction would generate a demand of up to 86.4 acre-feet over the course of construction. The Revised Project's 0.01 percent increase in overall Project footprint would result in an increase of up to 0.864 acre-feet per year over the course of construction, which would be a negligible increase in water demand. Therefore, impacts relating to construction -phase water demand would not result in any new significant impacts or cause significant impacts to become more severe. According to the EIR, operational water demand of the Project would be approximately 17.34 acre-feet per year. Operational water demand included irrigation of Project landscape areas and for periodic cleaning of access points, rest areas, and other Project facilities. Potable water would als❑ be provided via water fountains located along the Projects route. The Revised Project's 0.01 increase in overall project footprint would result in an increase of up to 0.1734 acre-feet per year. For 2015, the Coachella Valley Integrated Water Management Plan projects valley -wide water demand of 589,753 acre-feet. If water agency demand is limited to just those purveyors (i.e., Coachella Valley Water District) within the project planning area, the projected 2015 demand was estimated to be 667,253 acre-feet. The Project's demand of 17.34 acre-feet per year constitutes a 0.0024 percent increase in demand. Therefore, the Revised Project's increase of 0.1734 acre-feet per year to the Project would be a negligible increase relative to the Project's City of Palm Desert Addendum to the Adopted CV Link EIR Page 50 �3 CV Link Environmental Impact Report Addendum demand of 17.34 acre-feet per year. Therefore, operation -phase water demand would not result in any new significant impacts or cause significant impacts to become more severe. Impacts related to placing structures in a 100-year flood zone related to the extension of the western terminus of the Palm Desert section of the Project were not analyzed in the EIR. As shown in Exhibit 8, FEMA Flood Map, the proposed extension along Painters Path would be within the designated "zone X". The "Zone X" designation represents an area protected by levees from a 100-year flood. Therefore, the Revised Project would not place structures within a 100-year flood zone. As such, the Revised Project would not result in any new significant impacts or cause significant impacts to become more severe. In -Channel Berm Crossing The Revised Project's construction -related impacts for the ramps along the north and south banks of the Whitewater River Channel of the in -channel berm crossing would be similar to those discussed in the EIR for the Project. As such, Mitigation Measures HYD-3 and HYD-4, and HYD-6 through HYD-8 will also be applied during the construction of the ramps. The in -channel berm crossing would be constructed as a low water crossing that will allow flows from storm events to flow through the channel and would consist of compacted native sediments. Furthermore, the in -channel berm crossing would be designed to erode in the event of a significant storm event and be repaired/reconstructed with compacted native sediments. Along with the Mitigation Measures, BMPs from the 1602 Agreement for the Project will be implemented to prevent erosion and the discharge of sediment into the Whitewater River Channel during all stages of Project activities. Additionally, routine maintenance, including repair/reconstruction of the in - channel berm crossing will be permitted per the Section 1602 Agreement. The in -channel berm crossing will incorporate the same design elements as described above as those in the CV Link Master Plan, which would minimize any potential operational impacts of the crossing to less than significant. Therefore, with the implementation of all hydrology and water quality mitigation measures of the EIR and measures within the Section 404 Permit and Section 1602 Agreement, and the design elements in the CV Link Master Plan, the in -channel berm crossing would not result in any new significant impacts or cause significant impacts to become more severe. Land Use and Planning The Revised Project's extension of the western terminus of the Project alignment from the intersection of Highway 111 and Park View Drive to the Bump and Grind Trailhead along Painters Path requires a GPA to the City General Plan amending Painters Path from the status of "local street" to "enhanced secondary roadway". A "local street" status is defined as a local road that runs parallel to an expressway and allows local traffic to gain access to property and usually includes sidewalks. In this case, Painters Path runs parallel west of the major corridor Highway 111. The proposed "enhanced secondary roadway" consists of a four -lane divided roadway with a median, wide sidewalks, and allows for the provision of buffered bicycle lanes. The proposed GPA would provide enhanced connectivity for CV Link users to access some of the City's most City of Palm Desert Addendum to the Adopted CV Link EIR Page 51 -14 Legend Enhanoed CV Link Footprint Flood Hazard Zones _ A AE - AH AO ........... x 1 in = 2,750 ft The E] [3 Attum Group N W S Palm GeartI Sources: Esri, HERE, Germ in. USGS. Intermap, INCREMENT P. NRCan, Esri JapaniffiNm China (Hong Kong), Esri Korea. Esri (Thailand). NGCC. (c) OpenStreetMap oontnb a rd the GIS User Community FEMA Flood Map Exhibit Palm Desert CV Link EIR Addendum 8 CV Link Environmental Impact Report Addendum popular hiking attractions (Bump and Grind Trailhead), along with the largest commercial areas including Desert Crossings shopping center. Additionally, the extension of the Project via the proposed GPA would promote alternative modes of travel (i.e., golf -cart, bicycle, and pedestrian). As such, the Revised Project would fulfill the following goals and polices identified in the City of Palm Desert's General Plan Parks and Recreation Element: Parks and Recreation Element Goal 2: A comprehensive urban and open space trails network to meet the hiking, biking and equestrian needs of the City's residents and visitors. Policy 11: The City shalt provide open space trails that provide City residents and visitors access to undisturbed desert and mountain environments, while preserving these resources, including sensitive plant and animal species, in their natural environment. Furthermore, the Bump and Grind Access Ramp is adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area (as shown in Exhibit 7a). As such and mentioned above in the Biological Resources section, the Revised Project will incorporate Mitigation Measures B10-1 and BIO-2 to ensure that all CVMSHCP requirements are met and impacts to are reduced to a less than significant level. Therefore, the Revised Project would not conflict with any applicable land use plan, policy, or regulation and would not result in any new significant impacts or cause significant impacts to become more severe. Noise As described in the EIR, the construction of the Project may create substantial noise increases, and cause significant vibration if large bulldozers are used in proximity to sensitive uses along the approved route. The Project will be constructed in sections over a four year period, and it is expected that ground -borne vibration from construction would cause intermittent, localized intrusion into the noise environment. Implementation of all noise mitigation measures of the EIR would reduce noise impacts during construction to the extent feasible through measures such as requiring that activities be limited to the hours of the City of Palm Desert's Municipal Code and that stationary equipment will be far from sensitive receptors. Operation of the Project would not exceed noise standards and is expected to operate at noise levels that are essentially the same as existing conditions. However, even with implementation of mitigation, noise and vibration levels during construction would exceed local jurisdiction standards at locations immediately adjacent to sensitive receptors along the Project's alignments. Therefore, construction noise impacts would be significant and unavoidable. Because there will be unavoidable significant impacts from noise and vibration during construction, CVAG adopted a Statement of Overriding Consideration pursuant to State CEQA City of Palm Desert Addendum to the Adopted CV Link EIR Page 53 -7(e CV Link Environmental Impact Report Addendum Guidelines Section 15093(a). Benefits from the Project include transportation benefits, benefits to regional air quality, land use planning benefits, economic benefits and social benefits in a manner that outweigh the unavoidable significant impacts from noise and vibration during construction activities. The Revised Project would follow the same construction activities as the rest of the on -street sections of the Project, with the exception of the buffered two-way cycle track. Construction activities related to the Revised Project, and specifically the cycle track, would be similar in nature to those of the Project and would result in similar noise impacts. The proposed extension of Painters Path including the Bump and Grind Access Point would result in similar construction noise impacts as those of the Project. According to the City of Palm Desert's Interactive Zoning Map, the Revised Project's section of Painters Path is not located within close proximity to a sensitive receptor, however, the Santa Rosa and San Jacinto Mountains Conservation Area of the CVMSHCP is located directly west of Painters Path and would be impacted by construction noises. Furthermore, the Bump and Grind Access Point is adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area. The proposed location of the in -channel berm crossing is adjacent to sensitive receptors identified as Planned Residential per the City's Interactive Zoning Map. As such, all noise mitigation measures and Mitigation Measure B10-2 of the EIR will be applied to the Revised Project to reduce noise and vibration impacts and ensure compliance with Section 4.5, "Land Use Adjacency Guidelines," of the CVMSHCP. As such, the Revised Project would not cause any new significant impacts and would not cause any significant impacts to become more severe. Traffic and Transportation The Project is an alternative transportation corridor for bicycles, pedestrians, and low -speed electric vehicles. As described in the EIR, a comprehensive traffic impact analysis was conducted to assess the potential impacts associated with the development and operation of the Project. Jurisdiction -specific and regional traffic analyses were also conducted for potential impacts to vehicular traffic and facilities, as well as multi -modal users. Based upon this analysis, impacts of the Project are expected to be less than significant with implementation of Mitigation Measures TRA-1 through TRA-G described in the EIR. The Project does not conflict with, but rather complements, the adopted policies, plans, and programs of the participating jurisdictions as they relate to public transit, bicycle, or pedestrian facilities. The Project also serves to enhance, rather than decrease, the performance and safety of these multi -modal facilities. The Revised Project consists of enhanced Project designs that include a buffered two-way cycle track and minor safety improvements, along with the proposed extension of the western terminus of the City section of the Project. The buffered two-way cycle track provides protected travelling lanes for bicyclists, pedestrians, and LSEV. Therefore, development of the Revised Project through enhanced designs and buffered two-way cycle track would result in similar impacts to that of the Project and would require implementation of the above referenced traffic and transportation mitigation measures. City of Palm Desert Addendum to the Adopted CV Link EIR Page 54 lq CV Link Environmental Impact Report Addendum Extension of the western terminus of the Project to the Bump and Grind TraiIhead along Painters Path would result in impacts to existing traffic and transportation resources. The Revised Project's section of Painters Path is currently designated as "local street" under the City General Plan; however, as part of the Revised Project, a GPA is being proposed to amend the current "local street" designation to "enhanced secondary roadway." Per the Mobility Element of the City's General Plan, "enhanced secondary roadways" are designed to accommodate approximately 30,000 vehicles at level of Service C. The revised extension via Painters Path would increase the number of alternative transportation trips (bicycles, pedestrians, and LSEV), however, this is not anticipated to increase the number of vehicle trips through the corridor. In the unlikely event that the Revised Project increases vehicle trips, approval of the GPA to "enhanced secondary roadway' would adequately accommodate the additional vehicle trips with the increased vehicle trip capacity. The revised extension of the Project alignment would be developed in compliance with the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities and the National Association of City Transportation Officials (NACTO) Urban Street Design Guide, as well as adhering to Caltrans bikeway standards. Along with incorporation of all traffic and transportation mitigation measures, the Revised Project would not result in any new significant impacts or cause significant impacts to become more severe. City of Palm Desert Addendum to the Adopted CV Link EIR Page 55 CV Link Environmental Impact Report Addendum I Findings An Addendum is the appropriate document to update the information in the Final EIR for the following reasons: 1. No substantial changes are proposed to the Project that will require major revisions of the EIR because the Revised Project consists of proposed enhanced designs, extension of the western terminus via Painters Path including the access point, and in -channel berm crossing that will not result in new significant impacts or any substantial increase in the severity of previously identified significant impacts. 2. No substantial changes in circumstances under which the Revised Project will be undertaken have been identified that will require major revisions of the certified EIR, as there are no new significant environmental effects or any substantial increase in the severity of previously identified effects. 3. No new information of substantial importance has been discovered that was not known and could not have been known with the exercise of reasonable diligence at the time the certified EIR was prepared. Specifically, a review of the current existing conditions and the Revised Project demonstrates the following: a. The Revised Project will not have one or more significant effects not discussed in the certified EIR because the proposed project is within the same approved route analyzed in the certified EIR. b. The Revised Project will not result in significant effects that cannot be mitigated by mitigation measures included in the EIR. c. Significant effects previously examined will not be substantially more severe under the Revised Project than shown in the EIR. d. No new mitigation measures or alternatives have been found to be feasible that would reduce one or more significant effects of the Project. e. No new mitigation measures or alternatives, considerably different from those analyzed in the CV Link Certified EIR, have been identified that the Revised Project proponents decline to adopt. City of Palm Desert Addendum to the Adopted CV Link EIR Page 56 Contract No. C38840B COOPERATIVE AGREEMENT BY AND BETWEEN CVAG AND CITY OF PALM DESERT FOR CV LINK BIKE PATH PROJECT IN THE CITY OF PALM DESERT THIS AGREEMENT is made and entered into this day of , 2019, by and between the City of Palm Desert ("City"), and the Coachella Valley Association of Governments ("CVAG"), a California joint powers authority, (each a "Party," and collectively the "Parties," to this agreement,) and is made with reference to the following background facts and circumstances: A. The CV Link Project proposes to make improvements to the regional CV Link network from Hovley Lane East to the Bump and Grind Trail Head on Park View Drive, including construction of multi -use facilities on Magnesia Falls Drive, Monterey Avenue, and Park View Drive, in addition to construction of a multi -use path from Hovley Lane East to the Whitewater Channel; B. Design and engineering of the proposed CV Link Project is not complete; the project has not yet been approved, and construction is not expected to begin until early 2020; C. The Parties wish to enter into this cooperative agreement whereby the City will manage the construction of the CV Link Project consistent with approved Engineering Plans and Specifications; D. CVAG will pay for the cost of constructing multi -use path consistent with the approved CV Link design, including construction administration costs. This cost will be determined by the value of construction bid that is accepted by the City for the CV Link Project, and the construction management firm selected by the City and CVAG through a Request for Proposals for construction management services; NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties mutually agree as follows: 1. The final design of the CV Link Project shall be subject to review and reasonable approval by the City prior to the commencement of any construction. 2. City shall seek request for proposals for the construction management services for the CV Link Project and contract with the successful firm for these services. CVAG shall reimburse City for costs in the manner provided herein below. 3. City shall seek bids for the construction of the CV Link Project and contract with the successful bidder for the construction of the CV Link Project. CVAG shall reimburse City for costs in the manner provided herein below. Notwithstanding M any other provisions herein, CVAG shall not be obligated for any monetary contributions that have not been approved and budgeted for this project. 4. At such time as funds are authorized and budgeted by CVAG for reimbursement to the City for construction and construction management costs associated with the CV Link Project, reimbursement shall be made as follows: The City shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, City shall submit invoices to CVAG requesting reimbursement. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to City, and documents evidencing City's payment of the invoices or demands for payment. City shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. City shall submit invoices not more often than monthly and not less often than quarterly. 4.1 Upon receipt of an invoice from City, CVAG may request additional documentation or explanation of the costs for which reimbursement is sought. Undisputed reimbursement amounts shall be paid by CVAG to City within thirty (30) days. 4.2 If a post -payment audit or review indicates that CVAG has provided reimbursement to City in an amount in excess of that permitted under this agreement, City shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG. 4.3 Prior to any final payment to City by CVAG, a final report shall be submitted to CVAG by City containing a record of all payments made for the CV Link Project and the source of funds of all such payments, together with a record of all change orders, cost over -runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility for the CV Link Project. 4.4 The format used for all bids solicited by City for the CV Link Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible. If requested by CVAG, it shall be the responsibility of City to determine what, if any, portion of the work is an enhancement to any specifications adopted for the CV Link model, for which there shall be no reimbursement. 4.5. City shall maintain an accounting of all funds received from CVAG pursuant to this agreement in accordance with generally accepted accounting principles. City agrees to keep all contracts and records for a period of not less than three years from the date a notice of completion is recorded by the City for the CV Link Project; or if the CV Link Project is not the type of project for which a notice of completion would normally be recorded, for three years from the date of completion. The City may keep the records in either electronic or hard copy format. City shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the CV Link Project. CVAG shall have no duty to make 2 ? any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection. 4.6 CVAG shall allow City access to and use of all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of the planning, approval and construction of the bike path element of the CV Link Project. Any copies of said originals obtained by City may be used, reused, or destroyed by City without the permission of CVAG. 4.7 The City shall allow CVAG access to and use of all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of the planning, approval and construction of the bike path element of the CV Link Project. Any copies of said originals obtained by CVAG may be used, reused, or destroyed by CVAG without the permission of the City. 5. The occurrence of any one or more of the following events shall, at the non -defaulting Party's option, constitute an Event of Default and the defaulting Party shall provide the other Party with immediate notice thereof. 5.1 Any warranty, representation, statement, report or certificate made or delivered to the other Party or any of its officers, employees or agents, now or hereafter, which is incorrect, false, untrue or misleading in any material respect; 5.2 A Party shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this agreement or any amendment to this agreement, or any agreement delivered in connection with the CV Link Project; or, 5.3 There shall occur any of the following: dissolution, termination of existence or insolvency of a Party; the commencement of any proceeding under any bankruptcy or insolvency law by or against a Party; entry of a court order which enjoins, restrains or in any way prevents a Party from paying sums owed to creditors. 6. No waiver of any Event of Default or breach by one Party hereunder shall be implied from any omission by any other Party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one Party to or of any act by any other Party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act. 7. This agreement is made and entered into for the sole protection and benefit of the City and CVAG, and no third person shall have any right of action under this agreement. 3 S 2 8. This agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with City as to the CV Link Project. The City shall assume the defense of, indemnify and hold harmless, CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the City related to the CV Link Project or taken in the performance of this agreement or any agreement entered into by City with reference to the CV Link Project. CVAG shall assume the defense of, indemnify and hold harmless the City, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from (a) the actions of CVAG taken in the performance of this agreement or (b) litigation concerning compliance with environmental laws specific to CV Link and not associated with the CV Link Project prior to any subsequent incorporation into the CV Link Project. 9. City agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as "also insured" on all liability insurance coverage required by City on each contract. City will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as "also insureds," within 30 days of signing a contract with the prime contractor. 10. Any dispute concerning a question of fact arising under this agreement that is not disposed of by voluntary negotiations between the Parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by the Parties. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit any Party's rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse the City from full and timely performance in accordance with the terms of this agreement. 11. The City and CVAG mutually warrant that all aspects of the CV Link Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. The Parties will execute and deliver to each other such further documents and do other acts and things as are reasonably requested in order to comply fully with all applicable requirements and to effect fully the purposes of this agreement. 12. This agreement may not be assigned by either Party without the express written consent of the other Party. 13. The Parties and their successors in interest and assigns shall be bound by all the provisions contained in this agreement. 14. No officer or employee of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by either Party or for any amount which may become due to either Party or to its successors, or for breach of any obligation of the terms of this agreement. 15. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding. 16. No officer or employee of either Party shall have any personal interest, direct or indirect, in this agreement; nor shall any such officer or employee participate in any decision relating to this agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law. 17. City warrants that the funds received by City pursuant to this agreement shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this agreement. 18. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to CVAG: Tom Kirk, Executive Director Coachella Valley Association of Governments 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 FAX No.: (760) 340-5949 If to CITY: Lauri Aylaian, City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Telephone: (760) 346-0611 FAX No.: (760) 323-8207 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written 5 5S'1'4 confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 19. This agreement sets out the entire agreement between the Parties, and is intended by the Parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this agreement, is null and void. 20. If any term, provision, condition, or covenant of this agreement, or the application thereof to any Party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. 21. In the event any Party hereto brings an action or proceeding for a declaration of the rights of the Parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 22. Time is of the essence in this agreement, and each and every provision hereof in which time is an element. 23. This agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, and State of California. 24. Each Party warrants that the execution, delivery and performance of this agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 25. This agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each Party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. 6 '?O IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: CITY OF PALM DESERT Lauri Aylaian, City Manager ATTEST: 23 Rachelle D. Klassen, City Clerk in Susan Marie Weber, Mayor APPROVED AS TO FORM: Robert W. Hargreaves, Esq. City Attorney COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By: Tom Kirk, Executive Director 7 an CONTRACT NO. C38840A CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR CONSULTANT CONSTRUCTION MANAGEMENT SERVICES FOR CV LINK, PROJECT NO. 707-20, CONTRACT NO. C38840 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 20 , by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually referred to herein as 'Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional CONSTRUCTION MANAGEMENT consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional CONSTRUCTION MANAGEMENT consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional CONSTRUCTION MANAGEMENT consulting services on an as -needed basis, as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CONSTRUCTION MANAGEMENT consulting services necessary for the Project ("Services"). All Services shall be subject to, and performed in accordance with, this Agreement, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to December 31, 2021, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 27 CONTRACT NO. C38840 Upon the expiration of the initial agreement term, the agreement shall be automatically renewed for an additional one (1) year term. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, 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 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth by the City. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to ADDlicable Reauirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME, TITLE AND LICENSE/CERTIFICATION NUMBER]. 3.2.5 Citv's Representative. The City hereby designates Randy Bowman, Senior Engineer, or his/her designee, to act as its representative in all matters pertaining 28 CONTRACT NO. C38840 to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant, but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which increase the Scope of Work or change the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates [INSERT NAME, TITLE, AND LICENSE/CERTIFICATION NUMBER], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care: Performance of Emp[ovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and sub -consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and sub -consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Reaulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all pke.] Rr+ CONTRACT NO. C38840 violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella 30 ai CONTRACT NO. C38840 or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. OTHER PROVISIONS OR REQUIREMENTS Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage. Consultant shall procure and maintain for the duration of the contract 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 Consultant, his/her agents, representatives, employees or subconsultants. Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned 31 CONTRACT NO. C38840 policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of Undisclosed Coverage Limitations. 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. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured 32 CONTRACT NO. C38840 against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. Pass Through Clause. Consultant agrees to ensure that its sub -consultants, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, sub -contractors, and others engaged in the project will be submitted to City for review. City's Right to Revise Specifications. The City or its Risk Manager 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 and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the rate sheet provided by the Consultant. The total compensation shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) without authorization of the City Council or City Manager, as applicable, per the Palm Desert 33 �3 CONTRACT NO. C38840 Municipal Code. Extra Work may be authorized, as described below,and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2 of this Agreement, the rate set forth in the rate sheet provided by the Consultant may be adjusted each year at the time of renewal. 3.3.6 Prevailina Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. SINCE the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the. project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make 34 m CONTRACT NO. C38840 transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Aareement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such .terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: [INSERT BUSINESS NAME] [INSERT STREET ADDRESS] [INSERT CITY STATE ZIP] ATTN: [INSERT NAME AND TITLE] City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Lauri Aylaian, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentialitv. 35 aim CONTRACT NO. C38840 3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.5.5 Attornev's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnitv,.To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in 36 LP CONTRACT NO. C38840 connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.6.2 Additional Indemnitv Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governinq Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Citv's Riaht to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assiqnment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 37 9-7 CONTRACT NO. C38840 3.5.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and sub -consultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Partv Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Eaual Oonortunity Emglovment. Consultant represents that it is an equal opportunity employer and it snail not discriminate against any sub -consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which 38 CONTRACT NO. C38840 require every employer to be insured against liability for Worker's Compensation, or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authoritv to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT 0 Mayor or City Manager ATTEST: 0 Rachelle Klassen City Clerk APPROVED AS TO CONTENT: 0 Tom Garcia, P.E. Director of Public Works APPROVED AS TO FORM: am Best Best & Krieger LLP City Attorney 39 [INSERT NAME] M [INSERT NAME AND TITLE] [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] M [INSERT NAME AND TITLE] 11 CONTRACT NO. C38840 CITY OF PALM DESERT PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR CONSULTANT CONSTRUCTION MANAGEMENT SERVICES FOR CV LINK, PROJECT NO.707-20, CONTRACT NO. C38840 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 20 , by and between the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional CONSTRUCTION MANAGEMENT consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional CONSTRUCTION MANAGEMENT consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional CONSTRUCTION MANAGEMENT consulting services on an as -needed basis, as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CONSTRUCTION MANAGEMENT consulting services necessary for the Project ("Services"). All Services shall be subject to, and performed in accordance with, this Agreement, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to December 31, 2021, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 27 Co CONTRACT NO. C38840 Upon the expiration of the initial agreement term, the agreement shall be automatically renewed for an additional one (1) year term. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, 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 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth by the City. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Reauirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME, TITLE AND LICENSE/CERTIFICATION NUMBER]. 3.2.5 Citv's Representative. The City hereby designates Randy Bowman, Senior Engineer, or his/her designee, to act as its representative in all matters pertaining 28 101 CONTRACT NO. C38840 to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant, but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which increase the Scope of Work or change the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates [INSERT NAME, TITLE, AND LICENSE/CERTIFICATION NUMBER], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all times. 3.2.8 Standard of Care; Performance of EmDlovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and sub -consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and sub -consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all 29 � b 2- CONTRACT NO. C38840 violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella L'i"01 CONTRACT NO. C38840 or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. OTHER PROVISIONS OR REQUIREMENTS Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage. Consultant shall procure and maintain for the duration of the contract 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 Consultant, his/her agents, representatives, employees or subconsultants. Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned 31 (Dq CONTRACT NO. C38840 policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of Undisclosed Coverage Limitations. 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. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured 32 I C>5 CONTRACT NO. C38840 against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. Pass Through Clause. Consultant agrees to ensure that its sub -consultants, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, sub -contractors, and others engaged in the project will be submitted to City for review. City's Right to Revise Specifications. The City or its Risk Manager 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 and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which, the work is to be performed. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the rate sheet provided by the Consultant. The total compensation shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) without authorization of the City Council or City Manager, as applicable, per the Palm Desert 33 lV(V CONTRACT NO. C38840 Municipal Code. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2 of this Agreement, the rate set forth in the rate sheet provided by the Consultant may be adjusted each year at the time of renewal. 3.3.6 Prevailinq Waqes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. SINCE the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make 34 � DI CONTRACT NO. C38840 transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Aqreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: [INSERT BUSINESS NAME] [INSERT STREET ADDRESS] [INSERT CITY STATE ZIP] ATTN: [INSERT NAME AND TITLE] City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Lauri Aylaian, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality,. 35 CONTRACT NO. C38840 3.5.3.1 Documents & Data: Licensing of Intellectual Propertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.5.5 Attornev's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnitv. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in 36 i o� CONTRACT NO. C38840 connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.6.2 Additional Indemnitv Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governinq Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Citv's Right to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assianment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 37 I Ia CONTRACT NO. C38840 3.5.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and sub -consultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invaliditv: Severabilitv,. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal ODDortunity Emnlovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any sub -consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which K1: CONTRACT NO. C38840 require every employer to be insured against liability for Worker's Compensation, or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authoritv to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT [INSERT NAME] By: By: Mayor or City Manager [INSERT NAME AND TITLE] ATTEST: 2 Rachelle Klassen City Clerk APPROVED AS TO CONTENT: 0 Tom Garcia, P.E. Director of Public Works APPROVED AS TO FORM: M Best Best & Krieger LLP City Attorney 39 [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] By: [INSERT NAME AND TITLE] 112 LETTER OF TRANSMITTAL QUALIFICATIONS Related Experience and References TECHNICAL APPROACH/WORK PLAN CONFLICT OF INTEREST & EXC E PT I O NSID EVATI O N S APPENDIX o. QpenSpace Al Information Sheet b. Support Staff & Additional Resumes 1I3 _HSs CONSULTING. LLC- - ~ +agar col v July 23, 2019 City of Palm Desert, Department of Public Works Attn: Randy Bowman, Senior Engineer 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 2S25 Camino Del Rio South, Suite 305.San Diego, CA 92108 Phone: 619.501.9484 - Fax: 714.276.1134 wwwAhsconsul ting.tom RE: Proposal to Provide Consultant Construction Management Services for CV Link Project No. 707-20, Contract No. C38840 Dear Mr. Bowman, DHS Consulting, LLC, a wholly -owned subsidiary of Anser Advisory, LLC, is pleased to submit the enclosed qualifications to provide Construction Management Services for the CV Link Project in the City of Palm Desert. Our team is excited to contribute to its success by providing a team that brings Relevant Experience, High Impact Communication and a Creative Cost Saving Approach. Relevant Experience - A highly seasoned and skilled staff, a portfolio of past and current similar bike pathway projects and regional experience with stakeholders. High Impact Communication — We are practitioners of proactive communication which involves acting in advance of a future situation, rather than just reacting. We fully understand that the City, Contractor and Community have unique needs and we have an approach to address all three parties. Creative Cost Saving Approach — We know that cost is a critical evaluation of our proposal and we have introduced a recipe of cost saving measures that will leverage our highly experienced team to use a dual role model, introduce innovation in technology and approach to increase efficiencies, and apply lessons learned in order to forecast, plan and execute in the most efficient manner. For this proposal, DHS has teamed with subconsultant, Ninyo & Moore Geotechnical and Environmental Science Consultants, who will be providing materials testing and inspection services. Kurt S, Voshii, Principal Engineer, Page i of 20 ) 4 r ` HS coNSULTING, U.C. ,..... �,.-,. t� 2525 Camino del Rio South, Suite 305 - San Diego, CA 92108 Phone.619.501,9484 . Fax: 714,276.1134 ww w.d h sco n s u l ting. corn will be the contact person at Ninyo & Moore. His contact information is as follows: 7888 Cherry Avenue, Unit I, Fontana, CA 923361 909-758-5960 1 kyoshii(ulninvoandmoore.com DHS is in receipt of Addendum No. 1 dated July 11, 2019. DHS participated in the Pre -Proposal Meeting on July 1, 2019 at 2pm. Robert Delgado, Director of Business Development, and Tyson Atwood, Resident Engineer, were in attendance to represent the Company, Tyson Atwood will be the contact person for the remainder of the selection process. Should you have any questions, please do not hesitate to contact him at: 2525 Camino Del Rio South, Suite 305, San Diego, CA 92108 1 0; (619) 501-9484; C: (805) 459-7697 ITyson.atwood@dhsconsulting.corn ACKNOWLEDGEMENT This proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal, DHS is proud to provide this proposal for review and consideration by the City of Palm Desert. As Executive Vice President of DH5 Cansulting, LLC., I certify that the information contained in the proposal is truthful, accurate, and complete at time of submittal. Furthermore, I also have the authority to bind all contractual agreements. Sincerely, Melanie Estes, PE — Executive Vice �esident 2525 Camino ❑el Rio South, Suite 305, San Diego, CA 92109 P: (619) 565-5362 f E: melanie.estes@dhsconsulting.com FIRM PROFILE/FINANCIAL CONDITION DHS Consulting, LLC (DHS), is a full -service PM/CM firm focused on delivering innovative and comprehensive solutions to solve our client's complex challenges and needs. Founded HS 000USULTING,I.I.C. in 2012, DHS currently employs approximately 140+ team members in Southern California �a� &dyhwVcomes" across three divisions (Transportation, Energy and Buildings) supporting private and public agencies and municipalities. DHS offices are located in Santa Ana (HQ), San Diego, Los Angeles and the Central Valley. AN S E R I May 2019, DHS Consulting, Inc. was acquired by Anser Advisory, LLC, (Anser) subsequently ADVISORY changing its name to DHS Consulting, LLC, a wholly owned subsidiary of Anser Advisory, LLC. Anser Advisory was founded in June 2018 with its current employee count at over 280 staff members nationwide. DHS maintains its financial strength from strict adherence to best practices and strong understanding of regulatory compliance. Similar to our large firm partners, DHS employs a fully integrated cost accounting system. We also adhere to numerous regulatory compliance guidelines, including the Federal Acquisition Regulations (10CFR48 Part 31) and the Uniform Audit and Accounting Guide developed by AASHTO. We have a strong track record for State and Federal audits, and voluntarily undergo annual CPA audits of our financial statements and indirect cost rate schedules. We are proactive in our compliance and policy administration for EEO compliance and employment practices. DHS has no pending litigation, has not filed for bankruptcy and has no planned office closures. LITIGATION STATEMENT Anser Advisory is currently named in a claim and lawsuit filed by Foss Maritime Company against the port of Long Beach. Foss Maritime has named all entities involved in the project including but not limited to Jensen Maritime and Anser Advisory. Anser Advisory provided project controls and grant compliance services as a subconsultant to Jensen Maritime. This matter is still pending and is not directly against Anser Advisory. Anser Advisory is also currently named in a claim and lawsuit filed by C.W. Crosser against the City of Long Beach. The nature of the complaint is unpaid costs. C.W. Crosser has named all entities involved in the project including but not limited to Anser Advisory. Anser Advisory provided construction management services for the City of Long Beach. This matter is still pending and is not directly against Anser Advisory. 1 1 RELEVANT PROJECT EXPERIENCE DHS Consulting (DHS) specializes in providing professional construction management and engineering support services for public agencies in California. As shown in our similar project experience below, ❑HS is extremely familiar with bikeway projects and the unique challenges that they bring. As shown in our organizational chart, we are set up with a team of Engineers and Inspectors who have the knowledge and experience to perform this type of work. All the projects below demonstrate our team's working knowledge and proficiency in managing projects per the Local Assistance Procedures Manual (LAPM), California Manual of Uniform Traffic Control Devices (CA MUTCD), OHSA, and DIR Labor Compliance Requirements. Bayshore Bikeway Segments 4B and 5 SANDAG I San Diego, CA The Bayshore Bikeway Segments RB & 5 project consisted of approximately 1.0 mile of Class I bicycle facility, 1.0 mile of Class II bicycle facility and 0.2 miles of Class III bicycle facility located in National City between the San Diego/National City border and the east end of 32nd Street near the Pier 32 Marina. Work included AC and previous concrete paving for the bikeway; roadway and pedestrian improvements along Harbor Drive, Civic Center Drive, and Tidelands Avenue; removal and reconstruction of a portion of the Naval Base San Diego perimeter security fence; modification of three existing traffic signal systems; installation of a solar powered LED enhanced pedestrian warning system; installation of roadway and bikeway signing and striping; and curb and gutter installation. The work also included the procurement of all materials and performing all other work necessary to completion of the work in accordance with the project plans and specifications. Inland Rail Trail Ph i AIB and Ph2 SANDAG I Oceanside, CA DHS provides inspection and document control services for this project which consists of building approximately four miles of a Class I bicycle facility, located between North Melrose Drive and West Bobier Drive in Oceanside, to the San Diego County/San Marcos boundary at Cherimoya Drive. This 8-foot to 10-foot- wide multiuse bike path is located mostly within the existing North County Transit District (NCTD) Right -of -Way, parallel to the railroad tracks. This bike path will connect to future bike paths or existing sidewalks. Work includes landscaping and irrigation, lighting, black chain link fence along the track side of the path, drainage improvements and water quality ditches, signing and striping, as well as two -foot wide graded shoulders on each side of the path, retaining walls, one bike bridge over Buena Creek near the Buena Creek Transit Station. North Park I Mid -City: Phase I Bikeways - Georgia SANDAL I San Diego, CA DHS was recently selected to manage the construction of over 6.5 miles of new bikeway through two parallel streets in the urban area of North Park in San Diego. The projects are designed to enable people to bike and walk safely on more direct and convenient routes within and between major regional destinations and activity centers. The main feature of the project is the addition of 18 neighborhood traffic circles. Other features include buffered bike lanes, raised crosswalks, reverse angle parking, and other traffic calming measures. DHS is responsible for all aspects of the project and is providing positions for the Resident Engineer, Office Engineer, Field Inspectors, Labor Compliance, and Administrative Assistant Im Page 5 of K4 REFERENCES Client Name& Contact Name & Title SANDAG John Anderson, Construction Manager SANDAG Jesus Mena, Construction Manager SDG&E Rich Miller, PE, Civil Engineer TEAM RESPON5IBILITY mom"& Address Phone 401 B Street, Suite 800, San Diego, CA 92101 619-699-7342 401 B Street, Suite 800, San Diego, CA 92101 760-576-9445 8316 Century Park Ct, San Diego, CA 92123 858-636-6815 As Prime Consultant, DHS Consulting, LLC will provide the Resident Engineer, Field Inspector with a dual role as an Office Engineer, and an Administrative Assistant who will also support Labor Compliance monitoring. DHS will be utilizing Ninyo & Moore for Materials Testing. DHS is currently working �!f p�N+ aOTe JV' y with Ninyo & Moore on projects for clients such as LA Metro and a.,�MAEW ..UIL , Ca, ft, Kurt S. Yoshii, PE, CE - Principal Engineer Southern California Edison. 7888 Cherry Ave, Unit 1, Fontana, CA 92336 909-758-5960 PERSONNEL COMMITMENT & STAFFING DHS and our subconsultant team bring together people with the critical experience and a proactive mindset that will ensure the safest, highest quality, cost-effective, and timely delivery of this project. Our team consists of professionals that have a track record of performance that proves how strength, tenacity, and talent can drive a projects success. In the Technical Approach and Work Plan Section you will find that DHS has developed a full critical path schedule for thf whole duration of the Construction Management contract. Within that schedule, we have provided an anticipated staffing plan throughout each phase of the project. The chart below is a summary of our proposed key staff and level of commitment to this project. Our Resident Engineer is 100% committed to the project, but will complete all requirements while billing no more than 50% of his time to the project. Tyson Atwood, PE, QSD Project Manager/Resident Engineer Javier Chavez Field inspector/Office Engineer Kurt S. Yohsii, PE, GE Principal - Materials QA DHS Consulting, LLC DHS Consulting, LLC Ninyo & Moore 100% (50% tail!) 100% KEY PERSONNEL Tyson Atwood, PE, QSD will lead the DHS Team as the Project Manager and Resident Engineer. Mr. Atwood has over 15 years of experience and has successfully managed over $100M in total construction value. Mr. Atwood is an experienced bikeway Resident Engineer and is uniquely experienced with the challenges, both technical and political that are unique to these projects. He is keenly aware that the success of a project does not end with completing the construction project, but that it also requires public acceptance of the system as whole. On the technical end, he has strong working knowledge of both the Caltrans Local Assistance Procedures Manual (LAPM) and Caltrans Construction Manual, which he will bring this best practice methodology to this project. Mr. Atwood has both the technical and public relation skills to successfully deliver the CV Zink project to the City at all measurable metrics. Javier Chavez, Field Inspector, will be responsible for all daily job site inspection and tracking and managing field decisions and changes. Mr. Chavez served as Civil Inspector/Office Engineer on the SANDAG Bayshore Bikeway Segments 4B and 5 and is currently providing inspection services for RCTD on various roadway projects. During his time on Bayshore Bikeway, Mr. Chavez was able to quickly identify several critical errors that the contractor had made in their layouts and construction methods. This helped not only the contractor, but the project as well by saving on costly rework and schedule impacts. In addition to the civil work, the Bayshore Bikeway also included traffic signal improvements and the installation of new solar LSD's, all of which Mr. Chavez oversaw as part of his duties. Mr. Chavez brings a variety of work experience and expertise to the CV Link project, all of which uniquely qualify him for the position as Field Inspector. Kurt S. Yoshii, PE, GE, Principal, Materials QA, will be responsible for verifying quality control and quality assurance compliance. Mr. Yoshii has served as Principal Engineer on the Deer Creek Bike Trail and Foothill Boulevard Bike/Pedestrian Bridge projects for the City of Rancho Cucamonga. Additionally, he served as Principal Engineer on the Port of Long Beach On -Call Pier J Bike and Pedestrian Path Segment 1 project which included inspection of structural steel and reinforced concrete. ❑HS acknowledges that all staff labeled as key will be available to the extent as proposed in the Qualifications section for the duration of the project. No person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City of Palm Desert. KEY PERSONNEL - CURRENT ASSIGNMENT AND DURATION Name Proposed Position Current Assignment and Duration Tyson Atwood, PE, 5D Project Manager/ SANDAL, Meade -Landis Bikeway y Q Resident Engineer (0912019-1212021) - Part-time Commitment Javier Chavez Field Inspector/ RCTO, Various Development Projects Office Engineer (02/2019 - 1112019) RCTD, On -Call Materials Testing Services Kurt S. Yoshii, PE, GE Principal, Materials QA (07/2019 - 0612024) RCTC, On -Call Materials Testing Services (1112016-10/2019) ORGANIZATIONAL CHART Javier Chavez Field Inspector/ Office Engineer Tyson Atwood, PE, Q5D Project Manager/ Resident Engineer Kurt S. Yoshii, PE, GE Principal, Materials QA Year(s) With Firm 5 25 24 Terri Rodriguez Administrative Assistant) Labor Compliance PROJECT UNDERSTANDING The larger CV Link project is an ambitious, multi -modal facility that creates alternative transportation through the entire Coachella Valley. The Palm Desert portion of the CV Link is a critical component to the core alignment. In addition to the new Class IV bikeway, this project also adds a neighborhood electric vehicle (NEV) path along the western edge of the Toscana County Club, DHS Consulting has been involved in constructing bike paths of similar work over the past four years for various public agencies. Our experience and lessons learned bring a current awareness of the challenges and successes of managing a regional bike path project. In addition to our past experiences, we have performed numerous site visits to the proposed route of the of the CV Link project through Palm Desert and are already prepared for the challenges that this project may face. The physical elements of construction on this project, such as concrete curb & gutter, sidewalks, pavement and striping, are relatively standard and not overly complex. However, the location and staging of the improvements is what makes this project unique and complex. /e reco&nixe that tier: sul4ess of this project will hinge can simple and honest communication with the community, clear and safe access through and around the work zone and maintaining a clean work zone that makes the community excited about the improvements Our discussion below demonstrates our understanding and approach to the project and how communication, public safety, and quality of the work will lead to a successful project. 1 2� Page 9 of 20 PROJECT APPROACH Constructability Review Immediately following the City's notice to proceed, ❑HS will begin our con structabiIity review of the project plans and specifications. To complete this task, DH5 will utilize Bluebeam Revu software to provide all comments on the project plans and specifications. DHS will mark up a set of plans on the PDF editor as shown in the example drawing in Figure 1. There are two benefits with this software which can improve efficiency and reduce review times between the project team. First, we can place the drawings in a cloud -based server where multiple team members can comment directly on the PDF. This will allow simultaneous reviews rather than back and forth commenting between the team. Second, once all the comments are compiled on the marked -up PDF set, the software can export a review sheet (Figure 2) which clearly identifies the page number, comment and most importantly a picture of the item being discussed. This report is to supplement or replace the excel spreadsheet typically issued as the tracking log for the con structability comments. When reviewing comments, there is no need for a set of plans and excel sheet. This report will combine both and make for more efficient, productive meetings with the team. Additional sketches and drawing details containing recommendations for package improvements will be provided to supplement the comment log to ensure clarity. The comment/response log will be supplemented with full-size sheet plans with markups for each project. * ....:r. =rM .• R... LILT CMLL nenL tT.h Figure 1: Sample Marked Up Drawing s.r. r.r•a+r r , s .f..0 Farr ff�►fos rs - w: HLmrr s a� r Fr Mwwr wrnieelrruew 71W: , a .....r.e..,�. a wr.wrw �,wiwwarl� rrrlll HsslrMw�F r�wr• fib M wr<L.M.A�/ wN a wwf �MF� wl M M tW/rr Mw �� d EMI •+/ p�nr� T rara.a�n/V� Figure 2: 5ample Bluebeam Revu Report Bidding/Award/Other Pre -Construction Services - Once our constructability review is complete, DH5 will then assist the City with putting out a bid package. In collaboration with the design engineer, we will assist the City in answering any questions which may arise from potential contractors during that process. Once the contract has been awarded, Tyson will kick off the project with a Pre -Construction meeting with the contractor, City, design engineer, and all other applicable stakeholders to discuss the project. Meeting minutes, which will detail all action items and responsible parties for each will be distributed within 24 hours of this meeting completion. Prior to the first working day, we will begin our documentation of the existing conditions with a pre -construction photo/video survey. We will capture the existing conditions with a special emphasis on features and facilities that will need to be removed and reinstalled. DH5 is at the forefront of new inspection technology and has teamed with OpenSpace AI to document field conditions. Similar to Google Street View, we can geo-reference the plans with exact photosphere documentation of the existing site conditions. A small one -page informational sheet with images captured from an actual DH5 jobsite can be found in the Appendix. Public Relations / Communication Plan - The CV Link portion through the City of Palm Desert is the second in a series of high -profile bikeway projects located within the Coachella Valley. We view this project as an opportunity for the City and partners such as CVAG to effectively communicate and build trust within the community prior to the next project in the master plan. Our team's Resident Engineer, Tyson Atwood, is very experienced with projects which involve the public. Tyson was the Resident Engineer for the County of San Diego Asphalt Overlay - Segment `C' project, which paved roads at over 120 locations, a majority of which were in residential neighborhoods, but also directly in front of a number of schools. Part of Tyson's roles and responsibilities as Resident Engineer, was to act as the main liaison to the public on behalf of the County. Tyson fielded caIts almost daily from the public which ranged from concerns over future construction activities, requests for additional improvements, and praises for paving long deteriorated neighborhood roads. Tyson maintained a public relations log of all communications, which ensured that local resident's concerns were addressed, thus establishing a positive relationship with the public for the duration of the project. l 2 LA Page. el of 20 At the start of construction, Tyson will work with the City to help develop the community outreach program. Tyson will work closely with the City throughout the project discussing work schedules, traffic detours, closures, and any other impacts that may arise to the community. Public Safety, Traffic Control & Access _ Public safety is paramount for all DHS managed projects, This project will impact residential, commercial, and school zones; each of which will have their own unique challenges. DHS will enforce that the Contractor's number one priority is dear, unobstructed, safe access for public traffic through the area. This includes ensuring that ADA compliance is always maintained. Traffic control plans will be stringently monitored daily to comply with the CA MUTCD standards and any work hour restrictions required by working around school zones. If a traffic control issue is presented, DHS will direct the Contractor to rectify the situation immediately. We will not authorize work that is unplanned and could cause a safety risk to the public. If an incident were to occur, we would immediately ensure the safety of the area and notify the City. We will document and investigate the incident and develop a root cause to ensure the incident is not repeated. Engineering and Inspection - Our work plan is to eliminate surprises to the City by being proactive in working with the Contractor to identify and resolve deficiencies or problems as quickly as possible at the lowest level. Our inspector will utilize the CPM schedule to properly advance the construction effort by looking ahead, and by assisting the Contractor in resolving issues before they become problems. All work will be inspected for conformance with contract plans, specifications, and current specified and standards. Inspection documentation, processes, materials testing, and quality assurance will all be in accordance with the City's preferred methodology. Comprehensive and accurate daily records of field activities become the go -to document when a dispute comes to light. Face 12 of 20 Early recognition of an issue allows added opportunities for resolution. If extra work is required, accurate documentation is critical to determine the actual costs incurred and come to an accurate evaluation of cost. When disputed work is not resolved by change order, it must continue under a potential claim. In this case, the DHS Team will create a file number to track the Contractor's effort with added scrutiny. Accurate documentation of manpower, equipment, and materials will allow us to disallow or minimize the cost of disputed extra work. Lesson's Learned: DHS maintains a comprehensive library of lesson's learned from each project we work on. DHS welcomes opportunities to share the lesson's learned with clients at the end of each project. Early verification that design elevations will properly LESSONS LEARNED tie into existing topography is one of the most applicable lessons learned we bring from our experience on the Bayshore Bikeway 4B15 project. With both Tyson and Javier having experience working on survey crews, the DHS team brings extensive knowledge of survey controls and practices. Once construction stakes are set, the DHS team will go out a minimum of two days ahead of the Contractor's planned activities to ensure design feasibility. Minor adjustments can be made by the Resident Engineer in the field to ensure the intent of the design is being met. Staying well ahead of the Contractor will help mitigate project delays and costs associated with extra work due to design omissions. Storm Water, Air Quality Management, & Environmental - Construction activities are ever changing for various reasons throughout a project, thus the reasons for continuous monitoring on a project. Knowing the appropriate BMP's for various construction activities is key to properly implementing a SWPPPIWPCP and Dust Control Plan, especially on a project with so many working locations. Our team is extremely experienced in both Storm Water and Air Quality as Tyson is a Qualified SWPPP Developer's (QSD) and is also SCAQMD Coachella Valley i ugitive Dust Control certified. The Contractor's first obligation will be to obtain a WDID number from the State Water Resources Control Board (SWRCB). Given the location and anticipated construction duration of this project, it is highly likely that this project will quality for an Erosivity Waiver. In addition to obtaining a WDID, the contractor will also be required to submit a Dust Control Plan to AQMD. 1 Zca -- Pape 13 of 20 7 Prior to any grading activities, Tyson will ensure that all proper dust control signage and necessary BMPs are implemented to properly prevent dust and protect M54 inlets and any streams nearby that are threatened by sediment. Due to various grading activities and roadway and sidewalk removal, there will be a significant amount of dirt that trucks will be accessing. We will ensure that the Contractor maintains properly permitted dust levels, as well as minimizes project track out from the site. Every location will require new concrete sidewalk, curb and gutter, so our inspectors will ensure the Contractor has washouts set up to rinse out the trucks. Tyson will continually monitor the site for compliance and strictly enforce that all mitigation measures described in the Dust Control Plan and/or SWPPP (if applicable) are being implemented and documented on a daily basis. Document Control - Accurate project records are important to any project, but necessary to maintain and receive project funding. Without adequate, concise, and searchable documentation, potential project research will be nearly impossible. Based on final project level complexity, we will likely implement the Caltrans 53 Category filing system. DHS will maintain all files on a cloud -based system. By using a secure login, all project files will be available to City staff in real time. Meetings - Documentation of project communication is critical to avoiding any misunderstandings during the project duration. Verbal discussions in the field, phone conversations, e-mail messages, mini -memos, formal letters, and meeting notes are all forms of communication that comprise the body of understanding that develops over the course of the project. In order to manage the flow of information and keep the focus on the important issues, Tyson will institute weekly Contractor progress meetings where all stakeholders will be invited to attend. Minutes of issues, discussions, statements, and commitments will be recorded and distributed within 24 hours of every meeting. Submittals, RFI's, and Material Acceptance - Proper documentation and management of the status of material acceptance, contractor submittals, and requests for information are critical to the success of a project. status logs are used to track the life of each of these items from inception to acceptance so that no issues are allowed to "slip through the cracks." These logs will be reviewed in detail at each weekly progress meeting held with the contractor. Our Field Inspector will have access to approved submittals to ensure compliance with placed product. i Our Resident Engineer will ensure that RFI's are fully resolved to the satisfaction of all parties. Should these RFI's result in a change, the Charge Order processes will be initiated. Cost Control and Payment Monitoring - At the beginning of the project, our Resident Engineer will set up a master spreadsheet which tracks payment quantities of each bid item, as well as total payment amounts each month to the contractor. These updated spreadsheets will be provided as part of the monthly reporting for each progress pay estimate. At the end of each pay period, our inspector will prepare Quantity Sheets that clearly and accurately calculate the quantity of work completed in the past month. The quantity sheets will show calculations or field measurements to justify proper payment to the Contractor. Upon completion by the Field Inspector, the Resident Engineer will check the Q-Sheets for accuracy and final payment approval. With multiple locations and various site conditions on this project, it is possible that some items may experience quantity overruns. The DHS team will closely monitor each item of work and look for trends early in the operation that could raise red flags of an overrun. If that does happen, Tyson will immediately bring it to the City's attention and begin to form mitigation ideas in order to save project costs. Tyson has had great past success managing cost overruns. While serving as Resident Engineer on the County of San Diego AC Overlay project, Tyson accurately forecasted that the asphalt concrete (AC) quantity was going to be severely overrun. Due to this, the design engineer was able to revise originally proposed treatment types from mill and inlay to overlay, saving on AC tonnage. Ultimately all planned roadways were completed with an AC treatment and the project finished slightly under budget. Change Orders - If a change does arise, our team is well versed in the change order process. At first notice of a change, we will notify the City of the reason for the change and justify the cost impacts to the project. Tyson will perform an Independent Cost Estimate (ICE) prior to receiving the Contractor's estimate. This ICE will be the basis of the contractor negotiations for the change order. Tyson and the Contractor will review the scope and agree to a lump sum cost for the change. If the scope cannot be dearly defined, or if Tyson cannot agree to a cost with the Contractor, then a Force Account CCO will be issued. Tentative agreements will be issued daily by our inspector to the contractor for all work which is being tracked under force account, for any work which may later be disputed Tyson will monitor the project contingency on a monthly basis and report its status in each Monthly Report. We will analyze both bid items and CCOs to estimate the total contingency used. As discussed in the Cost Control section, it is imperative to communicate the project's budget with the City so that project mitigation measures can be made and/or additional contingency funds can be secured. Project Schedule - Minimizing impacts to the traveling public, residents, businesses, and schools will be critical to the success of this project, As such, careful consideration and clarification will need to be provided to the contractor during the bid process. As shown on the following page, DHS has developed a critical path method (CPM) construction schedule which shows how we anticipate a contractor will complete this project. During the pre -construction services phase, DHS will revise this CPM schedule based on revised scopes of work provide by the City. By completing the schedule ahead of time, manipulation of various scenarios can be analyzed very quickly by the CM team. This information will help the City have a better understanding of how changes to the plans and shortened work windows may affect the overall project schedule. This will be vital when reviewing work in school zones. We will ensure that the Contractor is complying with the requirements of the monthly schedule updates and closely monitor the critical path to avoid delays and disruptions whenever possible. Our unique approach involves analysis of the Contractor's schedules on a weekly basis, using the information from our inspectors' daily diaries, meeting minutes, submittal logs, Weekly Statement of Working Days, and other project records. This schedule analysis approach is extremely proactive and provides the City with notice of any potential delays. We believe the project schedule is a critical tool for managing project completion, when fully integrated into the project's requirements. Our experience indicates that a proactive scheduling approach with clear specifications and effective administration is a proven method to reduce risk and liability on the successful completion of the project for both the City and the Contractor. We have experience dealing with various schedule types, and specific analytical approaches, including CPM, fragnets, move in schedules and contemporaneous period analysis as an effective method of characterizing and quantifying delays. 179 is x Y s d R R t P in w s 6 3r nn g a $. i q'� w FnL°yi g n Y r'8 � N 4 O O 0 O GG ii�� O O p p q 9 Prcixi Sian (vats I'aa. F. n— v � b .. n $ n s m INS Labor Compliance & EEO Monitoring - Labor compliance is one of the most common items audited on construction projects, Our Labor Compliance efforts include checking the Contractor's Certified payroll for compliance with California prevailing wage and overtime requirements, ensuring I ewdllllg that all applicable forms are submitted in a timely manner, and verification that- r payments are being made to appropriate Trust Funds and/or fringe benefit supplier. Our Field Inspector will perform employee interviews of the tradesman to ensure age that the actual wages match the certified payroll. Any deficiencies will be reported and withholds of payment may be utilized to achieve compliance. Tyson and Terri both have extensive experience providing Labor Compliance, DBE, and EEO administration. QA and Materials Testing - As ❑HS' subconsultant, Ninyo & Moore will perform materials testing services during construction. Ninyo & Moore has a full service Cal trans certified lab and are prepared to complete all testing needs of the project. Our team will work diligently with the contractor to ensure that ample sections of work are available for materials testing in order to minimize technician costs, while not slowing down the contractor's operations. Our team will keep accurate test records to demonstrate compliant work. Any non -compliant work will be unauthorized and up to the contractor to correct. Project Closeout - At the end of the project, Tyson will complete both a proposed and final payment for the contractor. He will assist the City with filing of all required closeout documentation, including the "Notice of Completion." He will supply the City with a separate package will contains all manuals, warranties, and other such guarantee's as they relate to the project. Throughout the duration of the project, our Resident Engineer will keep an electronic set of "as -built" plans utilizing the Biuebeam software previously described. In utilizing the BIuebeam software, this ensures that A) our Field Inspector always has the latest information, and Bj as -built packages are complete and ready to send to the design engineer for review at the click of a button. PROJECT RISK & MITIGATION MEASURES ADA Compliance - Public safety upgrades are a key component of this project. One aspect of safety improvements is the construction of new ADA pedestrian ramps to meet new guidelines. These improvements add truncated domes, reduce slopes, and fix flow issues during rain events, Inspection of each of these ramps is critical to ensure each ramp is built per strict tolerances. Our inspection team will document the measurements of each ramp using tape measures to a 1/16" of an inch and smart levels to the tenth of a degree to ensure ramps do not exceed the maximum allowable slopes/dimensions. If a ramp is found to be out of tolerance, the Contractor will be notified, and a repair plan requested. The Contractor will not be compensated for the work until the ramp meets project requirements. Construction at Intersections and Near Schools - Special attention and planning will be required for all work scheduled to take place at each the various intersection in order to minimize impact to the traveling public. Construction at Monterey Ave and Parkview Drive poses a unique challenge in that a concrete cross gutter is to be installed across the main entrance to the College of the Desert which leads to a traffic circle. ❑HS will assist the City and work with the school in the development of a traffic control plan which will shift both directions of traffic onto on side of the median, while still maintaining the functionality of the traffic circle. In order to increase safety, each half of this work should take place over a weekend, utilizing rapid set concrete, so that traffic control devices are not required while school is in session. As an alternative to the weekend, the work could also be scheduled while the school is out of session. As shown in our CPM schedule, we do not believe that the contractor will be mobilized during the 2019 winter break, which means the ideal time to complete this work would be during the week of April 6 - 10, while school is out for Spring Break_ `�>'L Page 19 of 20 I .y MAIM 10 Proposed Bed err Change mo a o ee�m p LOCAL F�ED mm TO paa ENHA Ev ENHANCEDSECONDARY �� [ �mmm <3> C ROADWAY CITY COUNCIL RESOLUTION NO. Case No. GPA 19-0001 Date: September 12, 2019 153 RESIDENT ENGINEER EDUCATION BS, Civil Engineering LICENSES/CERTIFICATIONS CA Professional Engineer No. 71514 Qualified SWPPP Developer I><XIIIEk93 AQMD Coachella Valley Fugitive Dust Control No. CV1907-008280-8321 YEARS OF EXPERIENCE 16 YEARS WITH FIRM 5 HS CONSULTING, LLC, an Ans!r Advisory Co"my TYSON ATWOOD, PE, QS❑ Mr. Atwood has over 16 years of experience successfully providing construction management services for a wide variety of capital improvement projects including railroad grade separations, airport rehabilitations, highways, wastewater treatment facilities, water supply infrastructure, pipelines, utility undergrounding, and general roadwork. He has successfully performed all project level roles including: Resident Engineer, Inspector, Qualified SWPPP Developer and Practitioner, Office Engineer, and Scheduler. In addition to his project roles, he has also performed such duties as a Claims Analyst and Constructability reviewer. Strong understanding of Caltrans Standard Specifications, Plans, and Construction Manual. Experienced in claims analysis and mitigation including the use of advanced scheduling software such as Phoenix Project Manager and Primavera P6. Highly experienced in Bluebeam Revu and Microsoft Word, Excel, and PowerPoint. SANDAG, Bayshore Bikeway Segments 48 and 5 (San Diego, CA) 2017 - 2018: Resident Engineer for this project which included 2.2 miles of a combination of Class I, II, and III type bicycle facility, security fence replacement, and bridge work. Project went through various agencies right-of-way and/or property which required the coordination with: National City, Port of San Diego, San Diego Gas & Electric, BNSF, and the Navy. Project also includes a gravita gravity retaining wall, metal beam guardrail, AC improvements, and a new Navy/SDG&E security fence. Major project responsibilities include: Monitoring Safety, Develop Progress Payments, answering BFI's and Submittals, Contract Change Orders, Weekly and Monthly reporting, monitoring contract compliance with the plans and specifications, schedule review, managing field personnel, communication among all project stakeholders. SANDAG, CM Services for North Park I Mid -City Georgia - Meade and Landis Bikeway Projects (San Diego, CA) 2019 - Current: Resident Engineer responsible for the construction of over 6.5 miles of new bikeway through two parallel streets in the urban area of North Park in San Diego. The projects are designed to enable people to bike and walk safely on more direct and convenient routes within and between major regional destinations and activity centers. The main feature of the project is the addition of 18 neighborhood traffic circles. Other features include buffered bike lanes, raised crosswalks, reverse angle parking, and other traffic calming measures. County of San Diego, AC Overlay "C" (San Diego, CA) 2016 - Current: Resident Engineer responsible for all aspects of the project which included over 122 locations, totaling over 30 miles of roadway improvements. The program consists of a combination of asphalt overlays and mill and inlays which utilize both Type A Hot Mix Asphalt (HMA) and Polymer Modified Asphalt Concrete (PMAQ. The project also includes AC dike replacement, fog seal, AIDA ramp improvements, video detection signal improvements, and striping. Responsible for ensuring that traffic control has been setup and maintained based on the approved traffic control plans. SANDAL, Hill Street Slope Repair and Stabilization (San Diego, CA) 2018 - Current: Resident Engineer in charge of project which places over 200 soldier piles, over nearly half a mile of failing slope along an active MTS trolley track. Slope will be step graded during construction in order to achieve stability. Daily coordination with MTS is required in order to ensure proper flagging and safety measures are in place related to specific daily tasks. Project also includes streets improvements and coordination with local commercial buildings in the area. Project has federal funds and will be managed under the SANDAG and Ca [trans LAPM guidelines for federally funded projects. County of imperial, CMAQ Various Unpaved Roads (imperial County, CA) 2018 - 2019: Resident Engineer responsible for all aspects of project which constructs 3" AC Grindings Caps on six (6) various unpaved roads throughout various locations of Imperial County. Project consists of minor grading, compacted Class II Base, and placement of S51h oil prime coat. Project had to work around several environmental mitigation issues, including a partial project suspension due to nesting burrowing owls. Project was managed under Caltrans LAPM guidelines. SDG&E, Ocean Ranch Substation (Oceanside, CA) 2018 - 2019: Senior Resident Engineer for new greenfield 69kV/12kV substation. Project developed a 10-acre site with storm drain improvements which included the construction of three detention basins totaling over two acres in size. Project included over 11,000 SF of new CMU screen wails, equipment foundations, storm drain, and landscape. In addition to site development, the project included the installation of two new underground 69kV circuits as well as four new underground 12kV circuits to various offsite locations. Mr. Atwood successfully rephased the original construction schedule and completed the project over a month ahead of schedule, SDG&E, Mira Sorrento Substation (San Diego, CA) 2013 - 2015: Resident Engineer for project which exported and imported 35,000 cubic yards of material in a 65-foot cut zone. ❑ewatering was required to remove 3,000 cubic yards shallow landslide at the toe of the cut. Installed over 30,000 square feet of a two tiered, Verdura MSE Retaining Wall at heights of 35 and 25-feet, respectively. Over 12,000 square feet of CMU screen wail was installed around the perimeter of the site. The project also involved: storm drain, asphalt paving, two retention basins, miscellaneous concrete, planting and landscaping, and irrigation. Project was awarded the ASCE "Outstanding Project" in 2015. 13,5 FIELD INSPECTOR EDUCATION MBA BS, Civil Engineering YEARS OF EXPERIENCE 28 YEARS WITH FIRM 2.5 CONSHS ULTING, LLC. an Amer Advisory Company JAVIER CHAVEZ Mr. Chavez is a Civil Engineer with over 28 years of experience. His expertise includes construction management, design, and boundary survey services for industrial, residential, utility, telecommunication and public works projects. Mr. Chavez has provided on -site inspections and conditional assessments in database format, prepared daily reports, handled document/quality control, and provided on -site general safety coordination with various agencies that implement Caltrans processes. In many of his CM projects, particularly projects for government agencies, Mr. Chavez performed his duties as the Resident Engineer's liaison with the contractor; monitoring progress, daily inspection reports, as -built information, providing assistance to elaborate the progress -payment processing, payment for material before installation, payment of change orders and final payment. SANDAL, Bayshore Rikeway Segments 413 and 5 15an Diego, CA) 2017 - 2018: Provide field inspection on all aspects of project which consists primarily of the construction of approximately 1.0 miles of Class I bicycle facility, 1.0 miles of Class 11 bicycle facility, and 0.2 miles of Class III bicycle facility. Work also includes the removal and replacement of a security fence along the Naval Base, modification of three existing traffic signal systems, installation of a solar powered LED enhanced pedestrian warning system, and structural bridge work. Office Engineer duties included submittal review, Weekly Statement of Working Days, Pay Estimates, and overall document control of the project. County of Riverside Transportation Department (RCTD), Scott Road Interchange (Menifee, CA) 2018 _ 2019: Project consists of the construction of partial cloverleaf bridge and demo of the existing Scott Road bridge. The construction consists of Structural Works tCIDH, Decking Slabs, Retaining Wa11s, Abutments), Pavement and Pavement Delineation, Drainage, SWPPP and Erosion Control, 'temporary and Permanent Signs, Irrigation and Planting, Electrical and Utilities. Mr. Chavez is responsible for daily inspections of different work activities to ensure that contractor's in compliance with specs, plans & Caltrans standards, daily report, weekly meeting, construction safety report, labor compliance, BMP's inspection report, CCO tracking & T&M tickets, LCS & TMC, and all type of coordination & follow-up. County of Imperial, CMAQ Various Unpaved Roads overlay (Imperial, CA) 2018 - 2019: Providing Construction inspection services project consisting of the placement of 3" thick recycled asphalt material grindings on various roads located within the County. Required activities for this project were to improve the subgrade conditions and placement and compaction of a 3" thick class two base to the 95% of maximum density and the application of SSH- 1 asphalt emulsion to the completed roadway surface. Associated activities on this project were to provide minor grading on shoulders and maintain all traffic control, detours and signalization. Traffic control was inspected and checked daily to ensure compliance with the approved plans and specifications. County of Riverside Transportation Department (RCTD), Various Development Projects (Riverside, CA) 2019 - Current: Review the new development projects applications are completed and within compliance with County Standards and Traffic Control Requirements MUTCDICJTCM, performing preliminary site visits, attending pre - construction meetings, communication and coordination with Costumers, construction inspections during construction process, and verification of project completion quality and files close-out. SDG&E - Vine Substation Phase 11 (San Diego, CA) 2018: Land development portion for Vine 69Kv112Kv Substation. Provided Construction Inspection Services for Street Improvements and Special Structures at Vine St. and Kettner Blvd. which consisted of nearly 63,000 square feet of a combination AC pavement, public sidewalks, ramps and driveway removals. Demolition, removal and replace represented the 3°l0 of the Contract Value. The Site Development Project was extended in scope for additional $200k, Via Field Extra Work Authorizations to replace the decomposed granite area around the outside substation perimeter from the back of the proposed Public sidewalk to 3 feet off the wall face with a 3-foot deep planting area and to intercept existing 18" RCP Public Storm Drain with Type A-4 cleanout and reroute the existing Type C-2 curb inlet. County of San Diego, Countywide Slurry Seal Resurfacing FY 15-16 (San Diego, CA) 2016: Initial duties included field take -offs to compare against base bid quantity calculations throughout the project. Provided inspection services for all aspects of project which included roadway preparation, digouts, grinding operations, curb and gutter replacement, pavement repairs, Type II Slurry Seal, Scrub Seal, Chip Seal, and Striping. Project activities varied from day to day and took place throughout San Diego County, requiring coordination multiple times a day with the Resident Engineer, Contractor, and tither field staff. County of Imperial, Forrester Road Right Turn Lanes and Intersection Improvement Projects at Worthington (toad (Imperial, CA) 2014 -- 2415: Served as Field Inspector providing construction area signs and K rail barrier protection, performed roadway excavation, earthwork and shoulder backing with native and surplus material. Provide and place 2.5" Conventional Asphalt Concrete M.A.G. %" over a class 2 aggregate base at Northbound (NB) and Southbound (SB) dedicated right turn lanes and intersection improvements. 1 2;� PRINCIPAL, MATERIALS CAA EDUCATION BS, Civil Engineering KURT S. YOSH11, PE, GE Mr. Yoshii provides principal oversight on geotechnical evaluations and materials testing and inspection for roads, streets, bridge, and highways. Mr. Yoshii reviews geotechnical reports and provides geotechnical design parameters and recommendations for grading and earthwork, shallow and deep foundations, retaining structures, and in -situ ground remediation; oversees the soils and materials laboratory operations and provides supervision and technical support to project -level engineers and geologists. City of Rancho Cucamonga, Deer Creek Channel Bike Trail (Rancho Cucamonga, CA) 2013: Mr. Yoshii served as a Principal Engineer providing oversight soils and materials testing services during construction of the Deer Creek Channel Bike Trail from Base Line Road to Highland Avenue project. As a Principal Engineer, Mr. LICENSES/CERTIFICATIONS Yoshii's responsibilities include contract management, attend site meetings, review CA Professional Engineer No. project plans and specifications, supervise field personnel regarding testing and 54759 sampling, assign laboratory testing, review and evaluate test data for conformance CA Geotechnical Engineer No. to project specifications, report test results to City personnel. GE 2508 City of Rancho Cucamonga, Foothill Boulevard Bike/Pedestrian Bridge (Rancho YEARS OF EXPERIENCE Cucamonga, CA) 2010 - 2011: Mr. Yoshii served as a Principal Engineer providing 29 oversight for soils, materials testing, and inspection services for the construction of YEARS WITH FIRM the Foothill Boulevard Bike/Pedestrian Bridge, Route 66 Trailhead and Street 24 Improvement project. Improvements consisted of constructing a pedestrian over - crossing, Cucamonga Creek Bride widening, new retaining walls, utility relocations, &MOfli'e various underground construction, lighting improvements, striping improvements, 6whchnkalifnrWnmfnul3u.nwsConullana traffic signal improvements, landscaping improvements, and other miscellaneous improvements. His responsibilities included contract management oversight and overall supervision of field technicians, special deputy inspectors, and laboratory testing services. R' Port of Long Beach, On -Call Soils and Materials Testing & Inspection Services (Long Beach, CA) 2017 - 2419; Serving as Principal Engineer for the on -call materials testing and inspections contract for various Port of Long Beach projects including the Pier J Bike and Pedestrian Path Segment 1. Responsibilities include overall contract management, attend site meetings to review project plans and specifications, review and provide project budgets, assign and supervise project managers to awarded projects, project manager of specific awarded projects, daily coordination of field technicians, and special deputy inspection services during fabrication and construction of structural steel, and reinforced concrete. Riverside County Transportation Commission (RCTC) on -Call Materials Testing Services (Riverside County, CA) 2016 - 2019: Serving as Principal Engineer for the on -call geotechnical and materials testing and inspection services contract with ROTC to support various design and construction projects including geotechnical design services for construction of Metrolink railroad stations, bridge foundations, highway interchange improvements, parking lot and roadway paving recommendations. His responsibilities included contract management oversight and overall supervision of field technicians, special deputy inspectors, and laboratory testing services, and review of the field and laboratory reports. SBCTA/ SR 215 Segments 1 & 2 Project (San Bernardino, CA) 2009 - 2014: Served as Principal Engineer overseeing the materials testing and inspection services during construction of the SR 215 Segments 1 & 2 project in San Bernardino, California. The project consisted of widening and realignment of approximately 2.4 miles of the existing SR 215. The new construction accommodated 4 mixed flow lanes and 1 high occupancy vehicle lane in each direction. His responsibilities included oversight of our Ca}trans certified laboratory operations as well was the field performance of our CaItrans certified materials testers. He was also responsible for submitting monthly invoices along with the required documentation, including certified payroll. �1;1� CONFLICT OF INTEREST AND EXCEPTIONS/DEVIATIONS DHS Consulting, LLC does not have any real ❑r apparent organizational conflicts of interest relating to this project. Furthermore, DHS Consulting, LLC does not have any exceptions or deviations from the requirements of this RFP. 4PEMSPACE A[ DHS is at the forefront of new inspection technology and record keeping for construction projects. DHS is teaming with 0penSpace A to document field progress. OpenSpace Al is a cloud -based program that creates a digital "Google Maps Street View" of each construction project. A DHS field inspector walks the project with a 360-camera mounted to a hard hat (Figure 3) during their daily inspection. The images are uploaded to the OpenSpace website and the software creates an interactive, 360-degree view of the inspectors walk. The photographs are GPS tagged and the geo- tagging is overlaid ❑n a project plan, allowing the end user to select any area along the inspection walk and view that area (similar to Google Street View). As shown in Figure .4, a project can do side -by -side comparisons between dates to show progress. FIGURE 3 ,r.._ 60 This tool also gives a real time picture of all the manpower and equipment CAMERA on the project. Another benefit is being able to "walk" the site remotely to get a sense of what is happening on the project. This technology is beneficial for claims resolution to be able to give an overall picture of any operation, and not limit the construction manager to a handful of 2 dimensional pictures that do not always represent the "big picture". This equipment can provide the same information as an aerial drone, but with more detail and no pilots license required. FIGURE 4: ONLINE OR 5MARTFh0NE INTERFACE (COMPARISON VIEW SHOWN IN FIGURE) *OHSULTING, ur PROJECT EXPERIENCE Terri Ro drigu.ez Administrative Assistant/Labor Compliance Ms. Rodriguez has served multiple large public -sector clients related to construction management in project administration and document control. Her project support experience includes a number of large complex projects that were fast paced and involved large amounts of documentation. She has utilized a number of software systems including Microsoft Office, Sage, FAGS and Expedition. She is a self-starter with strong organizational skills and the ability to take directly effectively allowing her to manage multiple tasks which is so often required on large, complex programs. SANDAG, Inland Rail Trail Phase i A/B & Phase 2 (San Diego, CA) Project Administrator 12016 — Present Project Administrator responsible for document control, maintaining project records in accordance with SANDAG procedures, developing and distributing agendas and meeting minutes, creating and compiling NCTD deliverables, and maintaining photo pages and inspection reports. This project consists of approximately four miles of a Class I bicycle facility, located between north Melrose Drive and West Bobier Drive in Oceanside, to the San Diego County/San Marcos boundary at Cherimoya Drive. The project will be built in two separate segments; it will be a multiuse bike path that will connect to future bike paths or existing sidewalks. Work will include landscaping and irrigation, lighting, black chain link fence along the track side of the path, drainage improvements and water quality ditches, signing and striping, as well as two -foot wide graded shoulders on each side of the path, retaining walls, one bike bridge over Buena Creek near the Buena Creek Transit Station. SANDAG, Oceanside Transit tenter Third Track Project (San Diego, CA) Project Administrator 12D16 — 2018 Project Administrator responsible for document control, maintaining project records in accordance with SANDAG procedures, developing and distributing agendas and meeting minutes, creating and compiling NCTD deliverables, and maintaining photo pages and inspection reports. The Oceanside Third Track Project consists of improvements include extending an existing boarding platform to the north, adding a third rail track in the center of the railroad right-of-way, building a new 1,D00-footlong boarding platform to the south, adding a new passenger walkway at the southern end of the transit center, and constructing new crossovers to improve operations. RCTD, Scott Road Interchange Project (Menifee, CA) Project Administrator 12018 —Present Project Administrator responsible for implementing the full filing system established in the Caltrans Construction Manual. Assist in verifying contractor compliance with labor laws. These efforts include checking the contractor's certified payroll for compliance with Davis -Bacon or California prevailing wage and overtime requirements. Field inspectors perform employee interviews of the tradesman to ensure that the actual wages meet the stated wages on the certified payroll. Also verify and track apprentices on the project. Any deficiencies will be reported and pursued through compliance, withholding of payment may be utilized to achieve compliance. This Caltrans oversite project is to reconstruct the existing diamond style interchange to a partial cloverleaf configuration. DH5 is responsible for setting up the project in accordance with the Caltrans Construction Manual and interfaces with Caltrans, RCTD, and the City of Menifee to update on project schedule and notable impacts to the community. Elements of this job includes- over 102,000 CY of excavation and 100,000 CY of import borrow, traffic control, SWPPP Risk Level 1, construction of a 6-lane x 35DLF long cast in place bridge, demo of existing bridge and roadway elements, guardrail, 1PCP pavements, highway lighting, landscaping and utility relocations. Page 1 of 2 Terri Rodriguez I Administrative Assistant/Labor Compliance RCTD,1-215/Newport Road Interchange Improvement Project (Menifee, CA) Construction Contract Administrator 12015 — 2016 Reconstruction of the existing Newport Road diamond interchange into a partial cloverleaf interchange configuration. The design of the interchange includes bridge reconstruction and widening, concrete pavement, retaining walls and over 130,000 CY of import material. Construction Contract Administrator in charge of document control for construction management and inspection specializing in the Caltrans filing system. Responsibilities include scanning and filing all project documentation. Weekly progress meeting scribing and minute distribution. Maintaining submittal, RFI, survey and change order logs. SDG&E, Mira Sorrento Substation — Site Development (San Diego, CA) Administrative Support 12013 — 2015 Site development project which exported and imported 35,000 cubic yards of material in a 65-foot cut zone. Dewatering was required to remove 3,000 cubic yards shallow landslide at the toe of the cut. Installed over 30,000 square feet of a two tiered, Verdura MSE Retaining Wall at heights of 35 and 25-feet, respectively. Over 12,000 square feet of CMU screen wall was installed around the perimeter of the site. The project also involved: storm drain, asphalt paving, two retention basins, miscellaneous concrete, planting and landscaping, and irrigation. Document Control for the San Diego Gas and Electric (SDG&E) site development project utilizing her skills in developing and maintaining a file system specifically designed with the projects needs and upon completion delivering both electronic and hard copy files of all project activity. Scribed and distributed weekly progress meeting minutes. Maintained submittal, EPIC, and FEWA logs. SDG&E, Wabash Substation Modification Project (San Diego, CA) Document Control 1 2014 — 2016 Site development project which consisted of nearly 10,000 square feet of a combination soil nail and soldier pile retaining wall with a Boulderscape finish, Class II base grading, security fencing, and drainage improvements. Project built with an accelerated schedule and despite rain and utility delays, finished on time. Coordination between five main phases was required throughout the length of the project. Successfully negotiated a differing site conditions delay claim down to less than 20% of the original claim amount. Document Control for the San Diego Gas and Electric (SDG&E) site development project utilizing her skills in developing and maintaining a file system specifically designed with the projects needs and upon completion delivering both electronic and hard copy files of all project activity. Scribed and distributed weekly progress meeting minutes. Maintained submittal, EPIC, and FEWA logs. SBCPA (formerly SANBAG), North Milliken Avenue Grade Separation (Ontario, CA) Field Project Administrator 12010 — 2013 Union Pacific Railroad (UPRR) bridge over north Milliken Avenue in the City of Ontario. The bridge is a two -span precast concrete box beam structure 52 feet wide and 168 feet in length. The project involves elevating the profile of the railroad track up to 28 feet in height so that the trains will travel over the existing roadway at north Milliken Avenue. Over 300,000 square feet of T-Wall retaining wall panels will be placed on the project to elevate the tracks and support the UPRR freight trains. The T-Wall retaining wall panels are an AREMA approved proprietary wall system with over 7,000 individual panels placed over a 4-mile stretch. The project also involves; utility relocations, PCC paving, asphalt paving, shoofly track, traffic signals, electrical, lighting, stage construction, traffic control, landscape and irrigation, signing and striping. Field project administrator providing document control for construction management and inspection services for the North Milliken Avenue/Union Pacific Railroad grade separation. Worked with the Caltrans filing system conducted periodical audits to deliver efficient project completion documentation. Responsibilities Included certified payroll, scanning and filing delivery tickets, processing submittals and RFI's, weekly process meetings and all paper documentation. Page 2 of 2 143 )V/VF y&&*Qare GeoUehnital i Emhonnnrd.I 3chne.. Conaulf.nts STAFF NAME: DANIEL EGUTA EDUCATION: Ex: B.S., Civil Engineering, A.A., Construction Inspection YRS. OF EXPERIENCE / 12 years YRS. WITH FIRM: 12 years ROLE FOR THIS CONTRACT: senior Field Technician PROF. LICENSE(S) and/or ACI Field Testing Technician Grade I CERTIFICATIONS and/or Caltrans TL-0111 Certification (125, 216, 231, 504, Relevant Training: 518, 524, 533, 539, 540, 556, 557) Include Cert Numbers Nuclear Gauge Operator Certification Ex: Civil Engineer in CA, No. 5555 MINI 8/0. Mr. Eguia is responsible for performing quality control and quality assurance sampling and testing of soil, aggregate, asphalt, and concrete materials in accordance with applicable ASTM, AASHTO, ACI, and CALTRANS standards. As a Senior Technician, Mr. Eguia has extensive experience providing both field and laboratory testing of various construction materials and maintains his current soils and materials testing certifications from ACi and Caltrans, as wel(as his nuclear gauge certification. Mr. Eguia also has extensive experience and knowledge of the Standard Specifications for Public Works Construction (Greenbook) and Caltrans Test Methods and testing frequencies. He is also familiar with the Caltrans standard filing system categories for acceptance testing test data. He maintains a current Caltrans TL-0111 certification for various field and laboratory testing procedures. PROJECT EXPERIENCE City of Rancho Cucamonga, Deer Creek Channel Bike Trail, Rancho Cucamonga, CA 10/2013-12/2013 Mr. Eguia served as Senior Field Technician during materials testing services during construction of the Deer Creek Channel Bike Trail from Base Line Road to Highland Avenue project. Mr. Eguia performed field observation, sampling, and testing of subgrade, aggregate base (AB), asphalt concrete (AC) and slurry seal materials, as well as AC batch plant inspection services. Testing was performed in general accordance with applicable Caltrans and ASTM test methods and the City of Rancho Cucamonga QAP. OCPW Coyote Class I Bikeway, Los Angeles and Orange County, CA 4/2014-9/2014 Mr. Eguia served as Senior Field Technician retained to provided materials testing services during the construction of the Coyote Creek Class I Bikeway project located within the limits of the City of La Mirada in Southern Los Angeles County and the cities of Fullerton and Buena Park, in Orange County. Improvements included removal and replacement of the existing bikeway asphalt concrete (AC) pavement; slurry seal portions of the existing AC surfaces; install aggregate base material for new AC surfaces; removal and abandonment of reinforced concrete box, steel pipe support structures, /�/iayo&*o©re eieot�cAniul a Emdronmeobl SoUnea conw bet. concrete overflow spillways, and substandard chain -link fencing; re -grading of sloped areas at abandoned utility crossings and non -vegetated slopes; fill and re -grade surfaces at overflow spillway locations; install new bikeway striping, markings, signage, chain -link fencing, and cable railing; masonry retaining wall and concrete curb construction, as well as installation of new double -leaf drive gates, drainage and sediment controls. Mr. Eguia performed sampling and testing of soils, concrete, grout and AC. Field density testing was performed to evaluate the Contractor's compaction operations. Services were performed in accordance with the Caltrans and "Greenbook" (ASTM) test methods. Field daily reports and test data sheets were provided to document the items inspected and tested. City of Corona, Foothill Parkway Westerly Extension, Corona, CA 8/2014-11/2015 Served as Senior Field Technician providing materials testing services during construction of the Foothill Parkway Westerly Extension project in Corona, California. Construction included a new bridge, mass grading, buttresses, retaining walls, Mechanically Stabilized Earth (MSE) walls, storm drain improvements, and asphalt concrete pavement over aggregate base. Services included geologic mapping during the mass grading excavations as well as inspection and compaction testing during the earthwork operations. Mr. Eguia provided conformance testing of the construction materials, including source inspection of the fabricated materials, as well as conformance testing of the subgrade soils, base materials, asphalt and Portland cement concrete materials used on the project. 145 /�/irt�o&/�flore Gtou+:imk+! R EnvironmeaW Scimca CamWWnb STAFF NAME: PHIL NEKORANEC EDUCATION: Ex: S.S., Civil Engineering, A.A., Construction Inspection YRS. OF EXPERIENCE / 20 Years YRS. WITH FIRM: 20 years ROLE FOR THIS CONTRACT: Field Operations Manager (Materials Testing) PROF. LICENSES) and/or Pacific Nuclear Gauge Operator Certification CERTIFICATIONS and/or ACi Concrete Field Technician Relevant Training: ICC Reinforced Concrete 'include Cert Numbers Ex: Civil Engineer in CA, No. 5555 MINI 810: Mr. Nekoranec coordinates deputy inspection services for structural concrete and masonry, coordinates roadway inspection services on highway and street improvement projects, coordinates construction management services on public works and Caltrans projects, coordinates geotechnical observation and testing services for large earthwork projects, coordinates quality control for underground utility and foundation construction, coordinates field testing of concrete and asphalt concrete, coordinates inspection of asphalt and concrete batch plants and related documentation, and coordinates geotechnical laboratory testing and provides related documentation. PROJECT EXPERIENCE City of Rancho Cucamonga, Deer Creek Channel Bike Trail, Rancho Cucamonga, CA 10/2013-12/2013 Mr. Nekoranec served as Field Operations Manager coordinating materials testing services during construction of the Deer Creek Channel Bike Trail from Base Line Road to Highland Avenue project. As a Field Operations Manager, Mr. Nekoranees responsibilities included evaluating the construction materials conformance with the appropriate Caltrans and Greenbook Standard Specifications including providing quality assurance testing in accordance with applicable Caltrans and ASTM test methods and the City of Rancho Cucamonga Q,AP. City of Rancho Cucamonga, Foothill Boulevard Bike/Pedestrian Bridge, Rancho Cucamonga, CA 2/2010-12/2011 Served as Project Manager to provide geotechnical, materials testing, and inspection services for the construction of the Foothill Boulevard Bike/Pedestrian Bridge, Rout 66 Trailhead and Street Improvement project. Improvements consisted of constructing a pedestrian over -crossing, Cucamonga Creek Bride widening, new retaining walls, utility relocations, various underground construction, lighting improvements, striping improvements, traffic signal improvements, landscaping improvements, and I14t N/J7gV& wore woMdmiul A Enr.r. ScWnea• ConsuMants other miscellaneous improvements. Mr. Nekoranec provided project coordination and management with the client construction manager. City of Fontana Adler and P&E Trail, Fontana, CA / 1/2011-2/2021 Served as Project Manager for geotechnical, and materials testing services during construction of the Alder & P & E Trail Traffic Signal Improvements project in Fontana, California. Improvements generally consisted of the addition of four traffic signals at the intersection. The site work generally consisted of Portland cement concrete placement at each of the four caissons for each of the traffic signals. Portland cement concrete was sample and tested in order to evaluate the materials conformance with the project specifications. Our laboratory testing included concrete compression testing on the samples collected in the field. Mr. Nekoranec provided project coordination and management with the client construction manager. SBCTA/ SR 21S Segments 1 & 2 Project, San Bernardino, CA / 7/2009—1/2014 Served as Senior Field Technician retained to provide materials testing and inspection services during construction of the SR-215 Segments 1 & 2 project in San Bernardino, California. The project consists of widening and realignment of approximately 2.4 miles of the existing SR-215. Services included observation, sampling and testing during embankment construction (earthwork), structure backfill, trench backfill, subgrade preparation, aggregate base placement, lean concrete base placement, Portland cement concrete pavement, asphalt concrete pavement placement, structural concrete placement, and batch plant inspections. Testing is being performed in general accordance with Caltrans test methods and test frequencies as described in the Caltrans Construction Manual and Standard Specifications. I HI lam IJ • f Wi ' +• i M.r � i 3 n.n.. dew 7 i� MONTEREY AVE�� i• m a TOZ A AYE •. .. ,;;ram �: � . : DEEP CANI(ON 9! *: J ' +xr �a-4 j II'lll[Il. GOOK 5T �.� •. `may t ;1,. Y Contract No. C38840C AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is dated for reference purposes as of this day of , 2019 (the "Effective Date"), by and between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("Seller"), and CITY OF PALM DESERT, a California municipal corporation ("Buyer"). This Agreement is made with reference to the following facts: RECITALS A. Seller is the owner of certain real property located in the City of Palm Desert, Riverside County, California, commonly known as portions of Assessor Parcel Nos. 634-030- 017 and 634-040-006 and more particularly described in Exhibit A and depicted on Exhibit B. attached hereto ("Property"). Reference herein to the Property includes all of Seller's right, title and interest in and to any and all improvements, fixtures, rights -of -way, utility rights, entitlements, claims or other benefits in any way connected with the Property. B. Seller and the Palm Desert Redevelopment Agency ("PDRDA") previously entered into an Option Agreement dated April 27, 2006 (the "Option Agreement"), as evidenced by a Memorandum of Option dated April 27, 2006, and recorded as Document No. 2006- 0317839 in the Official Records of Riverside County, California, where by Seller granted to PDRDA the option to purchase the property described therein (which property is substantially the same as the Property). C. In lieu of PDRDA acquiring the Property, Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer pursuant to the terms and conditions set forth in this Agreement. THE PARTIES AGREE AS FOLLOWS: 1. Purchase and Sale of Pronertv. Upon the terms and conditions described below, Buyer agrees to purchase and Seller agrees to sell and convey the Property to Buyer, expressly reserving to Seller: 1.1 A utility easement relating to Seller's utilities existing on the Property, including but not limited to the following utilities and appurtenances, in, on, over, under, along and across that certain real property, and more particularly described in Exhibit A and depicted on Exhibit B attached hereto ("Utility Easement"): (a) 24-inch diameter non -potable water (NPW) Pipeline, which includes above ground valve covers and cathodic protection (b) 12-inch diameter Domestic Water Pipeline, which includes above ground valve covers and cathodic protection (c) Two NPW Connections to Toscana (10-inch diameter polyvinyl chloride (PVC) pipelines; above ground Telemetry Cabinet, (H� Antennas, and Electrical Power Cabinet; and below ground metering and valve vault) (d) 12-inch diameter Recycled Water Pipeline, which includes above ground valve covers and cathodic protection (e) 10-inch diameter vitrified clay pipe (VCP) Sewer Pipeline, which includes one manhole (f) 12-inch diameter NPW Pipeline, which includes above ground valve covers and cathodic protection (g) 12-inch force main including valves and appurtenances; and 1.2 An access easement providing Seller access to and across the Property more particularly described in Exhibit A and depicted on Exhibit B and use of the installed Access Gate (defined below), and access to the well site within the Toscana Development, connecting to Hovley Lane East, as further depicted on Exhibit C attached hereto ("Access Easement"). 1.3 Buyer shall pay to Seller an amount equal to One Hundred Fourteen Thousand Four Hundred Dollars ($114,400) ("Purchase Price"). The purchase price shall be paid in cash, and this Agreement is not subject to any financing contingency; and 1.4 Buyer shall construct and maintain at Buyer's expense a wall or fence and all landscaping on the Property spanning the entire westerly boundary of the Property ("West Wall"), as depicted on Exhibit C attached hereto. Buyer shall also construct and maintain at Buyer's expense an access gate ("Access Gate") for Seller's ingress and egress to the Toscana well site as depicted on Exhibit C. The West Wall and Access Gate may be built by Buyer after the Closing in accordance with Exhibit C. Buyer shall provide Seller with a copy of the improvement plans for review prior to construction for utility coordination purposes. If Buyer needs access to Seller's property (WRP-10 site) to construct improvements on Property, Buyer's contractor shall obtain a Construction Encroachment Permit from Seller. 1.5 Buyer covenants and agrees to protect and preserve without restriction Seller's access to and through the motorized gate and roadway existing on the Property connecting to Hovley Lane East, as further set forth in Exhibit C. 2. Pavment of Purchase Price. Not later than two (2) business day prior to Closing, Buyer shall deposit with Seller in immediately available funds the Purchase Price, together with such other amounts, if any, as may be required in order to pay Buyer's share of prorations. 3. Title. 3.1Preliminary Title Report. Upon execution of this Agreement by both parties, Buyer will order from Lawyer's Title Company (through its Riverside, California office — "Title Company") a preliminary title report, together with legible copies of all title exception documents described therein (collectively the "Report"). Within five (5) business days after Buyer's receipt of the Report, Buyer may object, by written notice to Seller, to any title exceptions which Buyer determines are unacceptable, in Buyer's sole discretion. Seller may 15D thereafter elect, at its option and at its sole cost and expense, either to eliminate such title objections prior to or at the Closing, or not to do so. If Seller is unable or unwilling to eliminate any such title objections, Buyer may elect to terminate this Agreement. Alternatively, Buyer may elect to waive any such title objections and accept title to the Property subject to such matters. If Buyer fails to notify Seller in writing of any exceptions to title within the time period stated above, then Buyer shall be deemed to have approved the condition of title to the Property; provided, however, that all monetary liens and encumbrances are hereby disapproved. 3.2Title Policv. Seller will convey good and marketable title to the Property to Buyer as evidenced by a CLTA Standard Form Owners Policy of Title Insurance at Buyer's election and expense, issued by the Title Company in an amount equal to the Purchase Price, and containing such endorsements (the "Endorsements") as Buyer may, at Buyer's expense, reasonably require ("Title Policy"). 4. Buver's Due Diligence. 6.1 Due Diligence Period. Buyer, or its designees, shall commence due diligence with respect to the Property promptly following the Effective Date, and the due diligence period (the "Due Diligence Period") shall expire on the date which is forty-five (45) calendar days after the Effective Date, provided, however, that if the forty-fifth (45th) day is a Saturday, Sunday or holiday, the Due Diligence Period shall expire on the first business day thereafter. At Buyer's election, Buyer shall have the right to terminate this Agreement at any time during the Due Diligence Period by giving written notice of termination to Seller. If Buyer elects to proceed with the purchase of the Property as provided herein, Buyer shall provide Seller with written notice of such election ("Notice to Proceed"), on or before the expiration of the Due Diligence Period. Upon delivery of a Notice to Proceed as provided herein, the Due Diligence Period shall expire. In the event that Buyer does not deliver either a Notice to Proceed or a notice of termination as provided herein on or before the expiration of the Due Diligence Period, Buyer shall be deemed to have elected to terminate this Agreement. 6.2 Access. During the Due Diligence Period, Seller shall afford Buyer and the authorized representatives of Buyer reasonable access at reasonable times to the Property, and Buyer shall have the right, at Buyer's sole cost and expense, to perform such engineering analyses, water, soils and geotechnical studies, site history investigations, marketing studies, and environmental assessments as Buyer deems necessary in connection with its investigation of the Property. If Buyer elects to terminate this Agreement, Buyer shall leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary in the testing and investigation of the Property and, to the extent practicable, shall repair and restore all of the damage caused to the Property by Buyer's testing and investigation. Notwithstanding anything herein to the contrary, Buyer shall have no responsibility or liability for (a) the pre-existing presence and discovery of Hazardous Substances (as defined in Section 8.1 below), (b) the results or findings of any tests, (c) any act or omission of Seller, its agents, employees, consultants or contractors, or (d) any adverse condition or defect on or affecting the Property not caused by Buyer or its employees, agents, contractors, or subcontractors but discovered during their inspections. ''s ' 5. As Is Acceptance of Pronertv. Buyer acknowledges that prior to Closing, it will have had the opportunity to conduct such tests and evaluations as it deems reasonably necessary in order to investigate the condition of the Property, including its environmental status. Buyer acknowledges that it is acquiring the Property in its "as is" condition with no warranty or representation from Seller regarding the physical condition of the Property, its environmental condition or its suitability for Buyer's intended purposes. Buyer acknowledges that it is acquiring the Property based solely in reliance on its own inspections and examination and its own evaluation of the Property. Buyer agrees that no representations, statements or warranties have at any time been made by Seller or its agents regarding the physical condition of the Property except as may be contained in this Agreement. Buyer acknowledges that there may be conditions affecting the Property unknown to Buyer that may adversely affect its value or use for Buyer's intended purposes. Buyer nevertheless waives any rights or recourse it may have with respect to such unknown conditions and any damage, loss, costs or expense related thereto, including rights accruing under California Civil Code § 1542, which provides "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Buyer acknowledges that it has either consulted with or had an opportunity to consult with legal counsel regarding the above waiver. The provisions of this Section 6 will survive Close of Escrow. Buyer Initials 6. Closing. 6.1Closine Date. "Closing" shall mean the date on which the Grant Deed conveying title from Seller to Buyer is recorded in the Official Records of the County Recorder of Riverside County, California. Seller shall cause said recordation to take place upon satisfaction of the terms and conditions of both parties as set forth in this Agreement. The form of the Grant Deed will be as set forth in Exhibit D attached hereto. Provided that this Agreement is not earlier terminated pursuant to the terms and provisions hereof, and provided that all of the conditions precedent to the Closing set forth in this Agreement have been approved or waived as herein provided, the Closing shall take place on the date which is Sixty (60) days from the Effective Date ("Closing Date"), providing that the parties may agree to modify this date if needed. Seller may terminate this Agreement if Seller has performed its obligations hereunder, and failure to complete the Closing results from a material default by Buyer. Buyer may terminate this Agreement if Buyer has performed its obligations hereunder, and failure to complete the Closing results from a material default by Seller. If the County Recorder of Riverside County, California is closed on the last day for the Closing, then the parties agree that the Closing shall take place the next day the Recorder is open to record the Grant Deed. 6.2Documents and Funds from Buver. Not later than two (2) business days prior to the Closing Date, Buyer will deliver or will assure that the following documents and funds have been delivered to Seller: (a) Purchase Price. The Purchase Price, as described in this Agreement. (b) Preliminary Change of Ownership Statement. A Preliminary Change of Ownership Statement or in lieu thereof, the appropriate fee, to be provided to the Recorder's office at Closing. (c) Other Sums and Documents. All other sums and documents as may be required according to this Agreement to carry out the Closing. 6.3 Documents and Funds from Seller. Not later than two (2) business days prior to the Closing, Seller will deliver or will assure that the following documents and funds have been delivered to Buyer: (a) Grant Deed. A fully executed and acknowledged Grant Deed conveying the Property to Buyer, or Buyer's nominees or assigns, in fee simple and reserving to Seller the Utility Easement and the Access Easement. (b) FIRPTA Affidavit. An original affidavit, using standard forms, certifying that Seller and this transaction are not subject to the withholding requirements of the Foreign Investment in Real Property Tax Act and equivalent California legislation. (c) Other Sums and Documents. All other documents and sums as may be required according to this Agreement to carry out the Closing and to issue the Title Policy to Buyer in the form required by Buyer. 6.4 Conditions to the Closing. The Closing shall not take place unless and until: (a) Seller's Obligation. Seller's obligation to sell the Property to Buyer is contingent on the following: (i) Buyer shall have delivered the Purchase Price, less any credits described in this Agreement, if any, for the Property. (ii) Buyer shall have timely performed all other obligations of Buyer under this Agreement. In the event that any of the foregoing conditions have not occurred or been satisfied or waived by the Closing Date, Seller shall be entitled to terminate this Agreement and any funds deposited by Buyer and any interest thereon will be returned to Buyer. l S3 (b) Buver's Oblieation. Buyer's obligation to purchase the Property is contingent on the following: (i) Buyer shall have approved or shall be deemed to have approved the Report for the Property. (ii) Buyer delivered insured title to the Property on the terms required in this Agreement. (iii) No loss or damage to the Property shall have occurred which would permit Buyer to terminate this Agreement pursuant to the provisions herein below. (iv) All of Seller's representations and warranties shall be true and correct in all material respects as of the Closing. (v) Seller shall have performed all of its other obligations under this Agreement. In the event that any of the foregoing conditions have not occurred or been satisfied or waived by the date(s) specified, Buyer shall be entitled to terminate this Agreement and any funds deposited by Buyer, and any interest thereon will be returned to Buyer. (c) Delivery of Sums and Documents. Both parties have delivered to each other, and both parties have received, all sums and documents required by this Agreement. (d) Title Policv. On or before the Closing Date, the Title Company issues the Title Policy to Buyer with title as described in this Agreement. 6.5 Closine Procedure. Upon receipt of all funds and instruments described in herein, and upon satisfaction or waiver of all contingencies and conditions set forth in this Agreement, the parties shall take the actions in the following order: (a) Purchase Price. At least two (2) days prior to the Closing Date, Buyer shall deliver the Purchase Price to Seller, less any costs and expenses pursuant to this Agreement, which costs and expenses shall be disbursed as required by this Agreement. (b) Record the Grant Deed Reeervine the Utilitv Easement and the Access Easement. Within two (2) days of receipt of the Purchase Price, but in any event no later than the Closing Date, Seller will cause to be recorded the Grant Deed reserving the Utility Easement and the Access Easement in the Official Records of Riverside County, California. (c) Title Policv. On or before the Closing Date, Buyer shall cause the Title Company to issue the Title Policy to Buyer with title as described in this Agreement. (d) Purchase Price. Buyer shall deliver the Purchase Price to Seller, less any costs and expenses approved by Seller and Buyer. ISH 6.6 Electronic/Countemart Documents. In the event Buyer or Seller utilizes "facsimile" or other electronically transmitted signed documents, the parties hereby agree to accept such documents as if they bore original signatures. Buyer and Seller hereby agree, if requested by the other party, to provide to each other within seventy-two (72) hours after transmission, such documents bearing the original signatures. Buyer and Seller further acknowledge and agree that electronically transmitted documents bearing non -original signatures will not be accepted for recording and that the parties will provide originally executed documents for such purpose. Documents may be signed by Buyer and Seller in counterparts. 6.7 An Escrow Will Not Be Utilized. The parties hereby acknowledge and agree that an escrow will not be utilized for performance of this Agreement. As a result, each party shall diligently perform all of its obligations under this Agreement in a reasonable good faith manner in order to meet the deadlines set forth in this Agreement. 6.8 Provertv Taxes and Assessments. Under Seller's ownership, the Property has not been subject to real property taxes or assessments. At the Closing, Buyer will become liable for all real property taxes and assessments (including any supplemental assessments), if any, allocable to the Property after the Closing. 6.9 Brokers' Commissions. Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any real estate broker or other person who can claim a right to a commission or finder's fee in connection with the sale contemplated herein. If any other broker or finder perfects a claim for a commission or finder's fee based upon any such contact, dealings or communication, then the party through whom such person makes its claim shall indemnify, hold harmless and defend the other party (the "Indemnified Party") from any and all costs, damages, claims, liabilities, losses, or expenses, (including without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Section shall survive termination of this Agreement and the Closing. 6.10 Possession. Possession of the Property shall be surrendered to Buyer at the Closing. 6.11 Renort to IRS. After Closing and prior to the last date on which such report is required to be filed with Internal Revenue Service ("IRS"), and if such report is required pursuant to Section 6045(e) of the Internal Revenue Code, Seller shall report the gross proceeds of the purchase and sale of the Property to the IRS on Form 1099-B, W-9 or such other form(s) as may be specified by the IRS pursuant to said Section 6045(e). Concurrently with such filing, Seller shall deliver a copy thereof to Buyer. 7. Representations, Warranties and Covenants of Seller,. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing as follows: 7.1 Hazardous Substances. To Seller's knowledge, the Property does not contain and has not ever contained any hazardous or toxic substances (as defined by any federal, state or local statute, ordinance, code or regulation) (collectively, "Hazardous Substances"). i ss Further, to Seller's knowledge, there has never been a release of Hazardous Substances on the Property and there are no underground storage tanks located on the Property. 7.2 Title. To Seller's knowledge, there are no liens, encumbrances, boundary line disputes, encroachments or title matters affecting the Property other than those title exceptions contained in the Report. All monetary liens and encumbrances will be paid prior to the Close of Escrow in order to deliver lien -free title to the Buyer. 8. Remedies for Default. If Seller defaults under this Agreement, Buyer may, at its option, terminate this Agreement or initiate an action for specific performance of this Agreement. 9. Notices. Any and all notices required or permitted to be given hereunder shall be in writing and shall be (i) personally delivered, or (ii) sent by recognized overnight delivery service, mailed by certified or registered mail, return receipt requested, postage prepaid. Any such notice or communication shall be effective when received by the addressee or upon refusal of such delivery to the parties at the addresses indicated below: To Seller: Coachella Valley Water District P. O. Box 1058 51-501 Tyler Street Coachella, CA 92236 Attn: General Manager To Buyer: City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Attn: City Manager Any party may change its address by a notice given to the other party in the manner set forth above. 10. ' Future Relocations. It is hereby acknowledged and agreed that there are certain Seller facilities currently located on, under or about the Property ("CVWD Facilities") which Buyer and/or Seller may wish to relocate in the future to locations outside of the Property. Said CVWD Facilities are described on Exhibit E attached hereto. In the event either party wishes to have any of the CVWD Facilities relocated to locations outside of the Property, it is hereby acknowledged and agreed that said relocations shall be performed at the sole cost and expense of Buyer. Said obligations of Buyer shall apply regardless of any prior rights, franchise rights or other public rights of way which Buyer may have or obtain in the future. Such future relocations shall be performed under the provisions of relocation agreements to be entered into between Buyer and Seller and which shall be consistent with the provisions of this paragraph. 11. Miscellaneous. 11. 1 Inte2ration. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. Neither of the parties i�� has relied upon any oral or written representation or oral or written information given to it by any representative of the other party. 11.2Bindin2 Effect. This Agreement shall bind and inure to the benefit of the parties, their respective heirs, successors and assigns. 11.3Amendment/Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless in writing and signed by both parties. I I AGovernina LawNenue. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. Any litigation or arbitration regarding the Property or this Agreement will be brought in Riverside County Superior Court or conducted in Riverside County. 11.5Business Days. Reference herein to "business days" means any day excluding Saturday, Sunday and any day which is a legal holiday under the laws of the State of California or in the City of Palm Desert. 11.6Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement. 11.7Attornevs' Fees. In the event of any action or proceeding to enforce or construe any of the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to reasonable attorneys' fees and costs. 11.8Assi2nability. Any assignment of Buyer's rights under this Agreement shall require the prior written consent of Seller, which Seller may grant or withhold in its sole discretion. 11.9Time of the Essence. Time is of the essence of this Agreement. 11.10Exhibits. All Exhibits which are referred to herein and which are attached hereto or bound separately and initialed by the parties are expressly made and constitute a part of this Agreement. 11.11 Counterparts. This Agreement may be executed in counterparts and when so executed by the parties, shall become binding upon them and each such counterpart will be an original document. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS 151 SELLER: COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California By: Name: J. M. Barrett, General Manager BUYER: CITY OF PALM DESERT, a California municipal corporation wo Lauri Aylaian, City Manager ATTEST: APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP Rachelle Klassen, City Clerk Robert Hargreaves, City Attorney s s EXHIBIT A LEGAL DESCRIPTION ls� EXHIBIT "A" "PROPERTY", "UTILITY EASEMENT", "ACCESS EASEMENT" LEGAL DESCRIPTION A PORTION OF PARCEL "B" AS SHOWN ON CERTIFICATE OF COMPLIANCE (WAIVER OF PARCEL MAP PMW 08-138), RECORDED OCTOBER 3, 2008 AS DOCUMENT NO.2008-0538675, OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, LOCATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN A PORTION OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE WHITEWATER RIVER STORM WATER CHANNEL PER GRANT OF EASEMENT RECORDED JANUARY 11, 1968 AS INSTRUMENT NO.2858 AND SOUTH OF THE SOUTHERLY RIGHT-OF- WAY LINE OF HOVELY LANE EAST AS DESCRIBED IN QUITCLAIM DEED RECORDED JANUARY 21, 1994, AS INSTRUMENT NO.27262 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 30.00 FEET OF SAID PARCEL "B" AS SHOWN ON CERTIFICATE OF COMPLIANCE AS DOCUMENT NO.2008-0538675, OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 15; THENCE SOUTH 00000'38" WEST, ALONG THE CENTER SECTION LINE OF SAID SECTION 15, A DISTANCE OF 62.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF HOVLEY LANE EAST, ALSO BEING THE SOUTHEAST CORNER OF "PARCEL 1" AS DESCRIBED IN SAID QUITCLAIM DEED RECORDED AS INSTRUMENT NO.27262; THENCE CONTINUING ALONG SAID CENTER SECTION LINE, SOUTH 00°00'38" WEST 129.20 FEET; THENCE LEAVING SAID CENTER SECTION LINE NORTH 89059'22" WEST 20.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 14051'59" WEST 39.00 FEET TO THE WEST LINE OF SAID EASTERLY 30.00 FEET OF PARCEL `B' ; THENCE NORTH 00000'38" EAST ALONG THE WEST LINE OF SAID EAST 30.00 FEET OF PARCEL `B", A DISTANCE OF 167.43 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID HOVLEY LANE EAST AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 1,262.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEING SOUTH 01'08'33" WEST; THENCE EASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE 10.00 FEET THROUGH A CENTRAL ANGLE OF 0027' 14" TO A LINE PARALLEL WITH AND 20.00 FEET WESTERLY OF SAID CENTER SECTION LINE OF SECTION IS; Page I of 2 THENCE ALONG SAID PARALLEL LINE SOUTH 00°00'38" WEST 129.58 FEET TO THE POINT OF BEGINNING. SAID EASTERLY 30.00 FEET OF PARCEL `B" MINUS EXCEPTION PORTION CONTAINING 2.86 ACRES, MORE OR LESS. AS SHOWN OF EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFSSIONAL LAND SURVEYOR'S ACT. MICHAEL A. SPURKOSKY DATE P.L.S. 8273 Page 2of2 EXHIBIT B DEPICTION OF PROPERTY, UTILITY EASEMENT, AND ACCESS EASEMENT Exhibit B 19782.00015\31619458.1 L Gp2 EXHIBIT "B" - "PROPERTY", "UTILITY EASEMENT', "ACCESS EASEMENT" SHEET 1 OF 2 s �, g )R� � Rs . �'4N�l l � �-e•M. PARCEL" _ EAST REC.1 DM3108 As DOC. SOUTH LINE SECTION 10 NO, 2008-0538675, O.R. NORTH LINE SECTION 15 gy 11111�. SEE SHEET LOT 45 OF 2 CVWD WELL SITE M.B.45111� 6`� PQt� EAST 30.00 FEETT �— OF PARCEL "B" _ I� -*--WEST LINE OF THE EAST M OF THEW 112 SECTION 1S LAND 'Vq QQ : H0, 8273 sa �rqr£ ❑F C AL1F���� NNFL PREPARED BY; MICHAEL A. SPURKOSKY L.S. 8273 EXP_ 12/31/19 PARCEL PLAT DEPICTION RIVERSIDE COUNTY, CALIFORNIA A3b CENTER 114 CORNER SECTION 15 1 In 5 EAST LINE, OF THE EAST 112 OF THE W 112 SECTION 15 A PORTION OF THE EAST 112 OF THE WEST 112 OF SECTION 15, T-58- R.BE., S.B.M. WN U E 0 Lo "PROPERTY", "UTILITY EASEMENT", "ACCESS EASEMENT" SHEET 2 OF 2 _ NOV,;:V—iqN_ E EAST P.O. c. tim• 714 COR. SEC.15] EXHIBIT "B" S'LY RIW LINE PER �' PLAT DEPICTION QUITCLAIM DEED, 6=D'2714 0 INST. NO. 27262 REC. R=1262.00' 1/21/1994 L=10.00' sad •08A WLR)/ f SQ0*41'19"Wo/ -a=0.54'29" R=1262.00' 10, 20' L=20.00' —CEN. SEC. LINE & E. Maly a � LINE OF PARCEL V 5� F M OF P.M.W. 08-138 •• a r ^ LLJ 55 g N G CD Lr) N s SCALE 1" = 30' 0 15 30 ---t N89'59'22"W P.O.B. — - 20.00' a 3 � rn c, E C3 Q o Lo CID r C4 +I 0 60 Q 30' 7 '+ SaRR�rLAN � ;P:1;1O ge� ER I R C lye IV63a RFC ; Oq�'VF�E�91 gTE s51y' r A . A r No.8273 * j Ep 12-31-19 f * H EXH�jT f, DEPICTION OF ACCESS EASEMENT Exhibit C 19782.000 M31619458.1 l�S — — — — — HOyLEY UkC EA$T .(N. V4 COR. SHEET 1 OF 1 5EC.15) u' EAHIBIT trrol a [V [p "ACCESS EASEMENT" FOR UTILITIES AND WELL SITE `A=0'54'29" 20' R=1262.00' �` L=20.00' SEC. 15 CENTER SEC. LINE EXISTING W & E. LINE OF PARCEL 'B" MOTORIZED GATE N V OF P.M.W. 08--138 lu EXISTING BLOCIt p� J �; WALL o J v P��� ���5 ►y'' wl S SCALE 1" = 30' 0 15 30 EXISTING EDGE ' W G f07 Dom' OF PAVEMENT Q 9 "o Qv� *O'.,�� oZf -N n FENCE Ok WALL TO J SPAN ENTIRE WESTERLY H BOUNDARY WITH GATE a+ PROPOSED WELL FOR WELL 511E ACCESS r ClTr PATC APPrClC 1 N8959 22" W PROPOSED - — — - 20.00' GATE ACCESS $ (. „(3i co E o f ` M- B0 _ s n -41— 30' Np,�Ty v Sp 5Z Al g R Cyr NQ �VNjh�TF�y 9sSb,F rrrr O l to Lc EXHIBIT D GRANT DEED [See Attached] (47 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Clerk Record for the Benefit of the City of Palm Desert Pursuant to Government Code Section 6103 (Space Above For Recorder's Use) Documentary transfer tax is $0.00 Exempt from Documentary Transfer Taxes Pursuant to R & T Code Section 11922 GRANT DEED FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("Grantor") hereby GRANTS to CITY OF PALM DESERT, a California municipal corporation ("Grantee") the real property in the County of Riverside, State of California, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein by this reference (the "Property"). RESERVING AND EXCEPTING THEREFROM a perpetual, nonexclusive easement and right- of-way to install, construct, enlarge, survey, reconstruct, access, remove and replace, operate, maintain, repair, improve and relocate any and all utilities owned by or operated by Grantor and necessary devices and appurtenances thereto located on the Property (together the "Utilities") in, on, over, under, along and across that certain real property in the County of Riverside, State of California, described in Exhibit "A" and depicted on Exhibit `B" (such rights being described hereafter as the "Utility Easement" and the area affected thereby, the "Utility Easement Area"). The Utility Easement includes (a) the right to enter the Utility Easement Area to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove the Utilities, fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance thereof; (b) a reasonable right of access across the Utility Easement Area for the purpose of exercising the rights granted herein, (c) a reasonable right of access across the Utility Easement Area for the purpose of obtaining access to Utilities located on real property immediately adjacent to the Utility Easement Area and (d) a reasonable right of use and access to and through the existing motorized gate and roadway connecting to Hovley Lane East and any replacement thereto. To the extent Grantee's use of the Property requires the relocation of any Utilities, Grantee shall be responsible for the cost of relocation of such Utilities. Any damage to any improvements on or in Utility Easement Area constructed after the date hereof caused by or on behalf of Grantor in connection with the rights reserved to Grantor hereunder, shall be repaired and/or replaced and the damaged area shall be returned to its pre-existing condition by Grantor at Grantee's sole cost and expense. Grantor shall use due care in the construction, 19782.00015\31619458.115 operation and maintenance of the Utilities and shall not unreasonably interfere with the use of the Property by Grantee. RESERVING AND EXCEPTING THEREFROM a perpetual, nonexclusive easement and right- of-way to install, construct, enlarge, survey, reconstruct, access, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s), necessary devices and appurtenances thereto located on the Property (together the "Pipeline") and unrestricted access to the Toscana Well site on, over, under, along and across that certain real property in the County of Riverside, State of California, described in Exhibit A and depicted on Exhibit "C" (such rights being described hereafter as the "Access Easement" and the area affected thereby, the "Access Easement Area"). The Access Easement includes (a) the right to enter the Access Easement Area to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove the Pipeline, fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance thereof; (b) a reasonable right of access across the Access Easement Area for the purpose of exercising the rights granted herein, (c) a reasonable right of access across the Access Easement Area for the purpose of obtaining access to Pipelines or well sites located on real property immediately adjacent to the Access Easement Area, and (d) a reasonable right of use and access to and through the existing motorized gate and roadway connecting to Hovley Lane East and any replacement thereto. To the extent Grantee's use of the Property requires the relocation of any Pipeline, Grantee shall be responsible for the cost of relocation of such Pipeline. Any damage to any improvements on or in Access Easement Area constructed after the date hereof caused by or on behalf of Grantor in connection with the rights reserved to Grantor hereunder, shall be repaired and/or replaced and the damaged area shall be returned to its pre-existing condition by Grantor at Grantee's sole cost and expense. Grantor shall use due care in the construction, operation and maintenance of the Pipeline and shall not unreasonably interfere with the use of the Property by Grantee. By acceptance hereof, Grantee further agrees to construct and maintain at Grantee's expense a wall or fence and all landscaping on the Property spanning the entire westerly boundary of the Property. Dated: 19792.00015\31619459.116 COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California LN J. M. Barrett, General Manager A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 19782.00015\31619458.117 CIO CERTIFICATE OF ACCEPTANCE OF GRANT DEED (City of Palm Desert) This is to certify that all of the estates and/or interests in real property conveyed by the foregoing Grant Deed from the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, to the CITY OF PALM DESERT, a California municipal corporation ("City"), are hereby accepted by the undersigned authorized officer on behalf of City, pursuant to authority conferred on such authorized officer by City, and City consents to recordation of such Grant Deed in the Official Records of the Recorder of the County of Riverside, California. CITY OF PALM DESERT, a California municipal corporation By: Name: Title: Dated: , 20 rl4 EXHIBIT E FUTURE RELOCATIONS — CVWD FACILITIES a) 24-inch diameter non -potable water (NPW) pipeline, which includes above ground valve covers and cathodic protection per Drawing Nos. 19494 through 19497 and 32986 on file with Grantor b) 12-inch diameter domestic water pipeline, which includes above ground valve covers and cathodic protection per Drawing Nos. 42881 and 42884 on file with Grantor c) Two NPW connections to Toscana (I0-inchdiameter polyvinyl chloride (PVC) pipelines; above ground telemetry cabinet, antennas, and electrical power cabinet; and below ground metering and valve vault) per Drawing Nos. 40835 through 40845 on file with Grantor d) 12-inch diameter recycled water pipeline, which includes above ground valve covers and cathodic protection per Drawing No. 32986 on file with Grantor e) 10-inch diameter vitrified clay pipe (VCP) sewer pipeline, which includes one manhole per Drawing No. 28955 on file with Grantor f) 12-inch diameter NPW pipeline, which includes above ground valve covers and cathodic protection per Drawing No. 24851 on file with Grantor g) 12-inch force main including valves and appurtenances per Drawing No. 13731 on file with Grantor * All of the above includes applicable above and below ground appurtenances 19782.00015\31619458.1 '11 i '-� =: y dirt _+ `+.a,•.,�„,"1'ra�"'�lr'e+l'�'� ,� do LA fill 46 -4�. ,y.*- -►r s 1�1�31f� ' Sr i f� y ►A R 1 A Itdd »rs ?.ter..■ d aR IR e r w