HomeMy WebLinkAbout00 Agenda Packet - Part 1CITY OF PALM DESERT
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA),
AND HOUSING AUTHORITY (HA) MEETING
(HYBRID MEETING)
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
REGULAR MEETING AGENDA
Thursday, January 26, 2023
2:00 p.m. Study Session
3:30 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-
person access to the meeting location.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website
www.cityofpalmdesert.org, under the “Council Agenda” link at the top of the homepage, or on the
City’s YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING: Attend the meeting in our Council Chamber
at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. To participate
by email, internet, or phone, please see the detailed instructions on the last page of this agenda.
AGENDA Thursday, January 26, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 2 of 7
CLOSED SESSION: 3:30 P.M.
CALL TO ORDER
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for
members of the public to address the City Council on items contained only on the Closed
Session Agenda within the three-minute time limit. Speakers may attend in person or utilize one
of the three options listed on the last page of this agenda.
RECESS TO CLOSED SESSION
CLOSED SESSION AGENDA
A. Closed Session Meeting Minutes: December 15, 2022
B. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1. Property Description: 73-710 and 73-720 Fred Waring Drive
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: N/A
Under Negotiation: Price and Terms
C. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant
to Government Code Section 54956.9(d)(2):
Two (2) matters that, under the existing circumstances, the City Attorney believes create
significant exposure to litigation.
4:00 P.M. REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE: Councilmember Nestande
INSPIRATION: Councilmember Trubee
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AWARDS, PRESENTATIONS, AND APPOINTMENTS:
A. None.
CITY MANAGER COMMENTS
A. UPDATE ON HOPE TEAM AND SOCIAL SERVICES
AGENDA Thursday, January 26, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 3 of 7
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
NONAGENDA PUBLIC COMMENTS: This time has been set aside for the public to address
the City Council on issues that are not on the agenda for up to three minutes. Speakers may
attend in person or utilize one of the three options listed on the last page of the agenda. Because
the Brown Act does not allow the City Council to act on items not listed on the agenda, members
may briefly respond or refer the matter to staff for a report and recommendation at a future
meeting.
1. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine
and may be approved by one motion. The public may comment on any items on the Consent
Agenda within the three-minute time limit. Individual items may be removed by the City
Council for a separate discussion.
A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
RECOMMENDATION: Approve the Minutes of January 12, 2023.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued for the period of November 15, 2022,
through January 13, 2023.
C. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSES FOR OCEANA
RESTAURANT, 77932 COUNTRY CLUB DRIVE, UNIT 2-4
RECOMMENDATION: Receive and file the Alcoholic Beverage License application.
D. RECEIVE AND FILE A REPORT REGARDING THE CITY OF PALM DESERT’S
ENROLLMENT WITH THE GREATER COACHELLA VALLEY CHAMBER OF
COMMERCE AND THE RANCHO MIRAGE CHAMBER OF COMMERCE
RECOMMENDATION: Receive and file an information report for the City’s enrollment as
a member to the Greater Coachella Valley Chamber of Commerce and the Rancho
Mirage Chamber of Commerce.
E. AUTHORIZE THE RELEASE OF MAINTENANCE SECURITY IN THE AMOUNT OF
$2,882 FOR LA QUINTA BREWING COMPANY
RECOMMENDATION: Authorize the release of maintenance security in the amount of
$2,882 for the La Quinta Brewing Company.
AGENDA Thursday, January 26, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 4 of 7
F. ACCEPT CONTRACT NO. C37960E WITH R DEPENDABLE CONSTRUCTION, INC.,
OF SAN BERNARDINO, CALIFORNIA, FOR THE CITY COUNCIL CHAMBER
RENOVATION PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO
FILE A NOTICE OF COMPLETION (PROJECT NO. 765-19)
RECOMMENDATION:
1. Accept Contract No. C37960E with R Dependable Construction, Inc., of San
Bernardino, California, for the City Council Chamber Renovation Project as complete.
2. Authorize the City Clerk to file a Notice of Completion.
G. RECEIVE AND FILE THE ANNUAL LOW- AND MODERATE-INCOME HOUSING
ASSET FUND REPORT RELATIVE TO SB 341 (Housing Authority)
RECOMMENDATION: Receive and file the annual Low- and Moderate-Income Housing
Asset Fund report relative to SB 341 for the 2021/2022 fiscal year.
H. APPROVE SPONSORSHIP FOR THE 2023 DESERT X EXHIBITION IN THE AMOUNT
OF $25,000
RECOMMENDATION:
1. Approve sponsorship in the amount of $25,000 with The Desert Biennial for its
2023 Desert X Exhibition to be held March 4 – May 7, 2023.
2. Authorize staff to finalize negotiations of the Sponsorship Agreement with
The Desert Biennial.
3. Authorize the City Manager to execute same, subject to the satisfaction of the City
Attorney.
4. Waive all permit and inspection fees associated with Desert X.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion are considered at this time.
AGENDA Thursday, January 26, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 5 of 7
2. ACTION CALENDAR:
A. AWARD A CONTRACT TO MARKS ARCHITECTS, INC., IN THE AMOUNT OF
$1,142,400 FOR ENGINEERING AND DESIGN SERVICES FOR THE PARKVIEW
OFFICE COMPLEX (PROJECT NO. 726-17)
RECOMMENDATION:
1. Award a Contract to Marks Architects, Inc., in the amount of $1,142,400 for
architectural design and structural engineering services for the Parkview Office
Complex.
2. Authorize the Director of Finance to set aside a contingency amount of $150,000 for
unforeseen work and future tenant improvement design services.
3. Authorize the City Manager or designee to review and approve written contract
amendments up to the contingency amount.
4. Authorize the Mayor to execute the agreement and any documents necessary to
effectuate the actions taken herewith.
5. Direct staff to work with the City’s Economic Development Subcommittee on the
exterior conceptual designs.
B. AWARD A CONTRACT FOR THE NORTH SPHERE FIRE STATION DESIGN AND
BUILDING ASSESSMENT OF FIRE STATION 33 AND 71 TO PBK ARCHITECTS IN
THE AMOUNT OF $674,000 (PROJECT NO. 762-23)
RECOMMENDATION:
1. Award a Contract for the North Sphere Fire Station Design and Building Assessment
of Fire Stations 33 and 71 to PBK Architects in the amount of $674,000.
2. Authorize the Director of Finance to set aside a 10% contingency in the amount of
$67,400 for unforeseen conditions.
3. Authorize the City Manager or designee to review and approve written contract
amendment requests up to the contingency amount.
4. Authorize the Mayor or designee to execute the agreement and any documents
necessary to effectuate the actions taken herewith.
C. APPROVE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $227,000
WITH PREST-VUKSIC-GREENWOOD ARCHITECTS (PVGA) FOR WORK RELATED
TO DISCOVER PALM DESERT, A NEW VISITOR SERVICES CENTER LOCATED AT
PALM DESERT CIVIC CENTER
RECOMMENDATION:
1. Approve professional services agreement in the amount of $227,000 with (PVGA) for
services related to Discover Palm Desert, a new visitor service center, including, but
not limited to, preparation of construction drawings and construction administration.
2. Authorize the City Manager or designee to review and approve written contract
amendment requests in an amount not to exceed $22,700.
3. Authorize the City Manager or designee to execute the agreement and any documents
necessary to effectuate the actions taken herewith.
AGENDA Thursday, January 26, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 6 of 7
D. REQUEST FOR DIRECTION ON A WORK PLAN FOR THE DISPOSITION OF
PROPERTIES IDENTIFIED IN THE CITY’S CENTRAL INVENTORY OF THE
SURPLUS LAND ACT (Joint Consideration with Successor Agency)
RECOMMENDATION: Provide direction on a work plan for the disposition of properties
identified in the City’s Central Inventory of the Surplus Land Act.
3. PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the
three-minute time limit. The applicant or appellant will be provided up to five minutes to make
their presentation. Speakers may utilize one of the three options listed on the last page of
this agenda.
A. APPROVE AMENDMENT NO. 2 TO 2020 ANNUAL ACTION PLAN – COMMUNITY
DEVELOPMENT BLOCK GRANT
RECOMMENDATION:
1. Conduct the public hearing and receive public testimony.
2. Approve Amendment No. 2 to 2020 Annual Action Plan – Community Development
Block Grant.
3. Approve the budget amendment to Fiscal Year 2020-2021 Community Development
Block Grant.
B. CONSIDERATION OF AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO
THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
APPROVING A PRECISE PLAN (PP), AND CONDITIONAL USE PERMIT (CUP) FOR
A 394-UNIT MULTIFAMILY PROJECT DEVELOPMENT ON AN 18.31-ACRE SITE
LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND
PORTOLA AVENUE (APNs 620-400-030 AND 620-400-031) 394 UNIT PROJECT
RECOMMENDATION:
1. Conduct the public hearing and receive public testimony.
2. Adopt a Resolution denying the appeal and confirming the Planning Commission’s
approval of Precise Plan/Conditional Use Permit/Environmental Assessment 22-
0006, and thereby approving the development of a 394-unit multifamily apartment
development at the southwest corner of Frank Sinatra Drive and Portola Avenue.
AGENDA Thursday, January 26, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 7 of 7
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
OPTION 1: PARTICIPATE BY E-MAIL
Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org.
E-mails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the
record and distributed to the City Council. This method is encouraged as it gives Councilmembers
the opportunity to reflect upon your input. Emails will not be read aloud at the meeting.
OPTION 2: PARTICIPATE LIVE VIA ZOOM
1. Access via www.cityofpalmdesert.org/zoom and click “Launch Meeting,” or
2. Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.
OPTION 3: PARTICIPATE LIVE VIA TELEPHONE
1. Dial any of the following: (669) 900-9128 or (213) 338-8477 or (669) 219-2599.
2. Enter the Meeting ID: 833 6744 9572 followed by #.
3. Indicate that you are a participant by pressing # to continue.
4. You will hear audio of the meeting in progress. Remain on the line if the meeting has not started.
5. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk
to announce your name/phone number. Press *6 to unmute your line and limit your comments
to three minutes.
___________________________________________________________________________
PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated
office for inspection of records in connection with this meeting is the Office of the City Clerk,
Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda
items considered in open session, and documents provided to a majority of the legislative bodies
are available for public inspection at City Hall and on the City’s website at
www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with
the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at
this meeting, or in meetings on a regular basis, you will need special assistance beyond what is
normally provided, the city will attempt to accommodate you in every reasonable manner. Please
contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
___________________________________________________________________________
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under
penalty of perjury under the laws of the State of California, that the foregoing agenda for the
Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and
Housing Authority, was posted on the City Hall bulletin board and City website
www.palmdesert.org no less than 72 hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk
Thursday, January 12, 2023
Minutes of the Regular Meeting of the Palm Desert City Council (CC),
Successor Agency to the Palm Desert Redevelopment Agency (SARDA),
and Housing Authority (HA)
Pursuant to Assembly Bill 361 , this meeting was conducted by teleconference and there
was in-person public access to the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly
on Thursday, January 12, 2023 , at 3:30 p.m. in the Council Chamber, City Hall, located
at 73-510 Fred Waring Drive, Palm Desert, California.
ROLL CALL:
Present: Councilmembers Jan Harnik, Gina Nestande, Karina Quintanilla, and Evan
Trubee; and Mayor Kathleen Kelly.
Absent: None.
PLEDGE OF ALLEGIANCE:
Councilmember Trubee led the Pledge of Allegiance.
INSPIRATION/INVOCATION:
Mayor Pro Tem Quintanilla offered words of inspiration.
REPORT OF CLOSED SESSION:
The closed session was cancelled.
PRESENTATIONS:
A.COACHELLA VALLEY RAIL (CV RAIL) PROJECT
Aaron Hake, Deputy Executive Director of the Riverside County Transportation
Commission, narrated a PowerPoint presentation on the proposed rail program to
service the Coachella Valley, and responded to City Council comments and
inquiries.
Item 1A-1
CC, SARDA, & HA Meeting Minutes January 12, 2023
City of Palm Desert Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
B. FRONTIER COMMUNICATIONS FIBER TO THE HOME (FTTH)
Doug McAllister, Frontier Communications Vice President of External Affairs,
narrated a PowerPoint presentation relative to the company’s “Fiber To The Home”
program, and responded to Council inquiries.
CITY MANAGER'S COMMENTS:
None.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION:
Mayor Pro Tem Quintanilla reported her attendance at various meetings and praised the
City’s Public Art program.
Councilmember Harnik acknowledged January as National Staying Healthy Month; and
reported her service on the League of California Cities’ Policy Committee for Transportation,
Communication, and Public Works.
Mayor Kelly noted the observance of the Martin Luther King, Jr., holiday and asked the
community to reflect on the power of peace in personal and civic affairs.
NON-AGENDA PUBLIC COMMENTS:
Joseph Scarna, Palm Desert resident, expressed concern for traffic safety issues in
various areas of the city.
Erin Sullivan-Moore, Palm Desert Area Chamber of Commerce representative, shared
that Alisa Williams was promoted to the position of Chief Operations Officer for the
organization.
Lorraine Salas, Palm Desert resident, thanked Mayor Kelly for mentioning Martin Luther
King, Jr., Day; and urged the City Council to consider rent control measures in Palm
Desert.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve the consent calendar as presented.
A. APPROVE FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to find that the State of California
continues in a Governor-declared state of emergency to combat the COVID
epidemic, that state and local health officials are recommending social distancing,
and that the City may continue to employ remote teleconferencing.
B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Item 1A-2
CC, SARDA, & HA Meeting Minutes January 12, 2023
City of Palm Desert Page 3
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the Minutes of
December 15, 2022.
C. APPROVAL OF WARRANTS
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve warrants issued for
the period of December 8, 2022, through December 29, 2022.
D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSE FOR :
1. ONURAL GROUP LLC, THE VENUE SUSHI BAR & SAKE LOUNGE, 73111
EL PASEO SUITE 103
2. SHOREBIRD EL PASEO LLC, 73061 EL PASEO SUITE 8
3. COWBOY CANTINA USA LLC, 72620 EL PASEO
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file the Alcoholic
Beverage License applications.
E. REQUEST TO APPROVE FEE WAIVER FOR REMEMBRANCE FOR VICTIMS
OF COVID-19 EVENT
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve request by Mr.
Donnie Cook to approve fee waiver for Remembrance for Victims of COVID -19
event at Civic Center Park including a temporary waiver of Palm Desert Municipal
Code Section 11.01.140 (Amplified Sound in City Parks).
F. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARK
ORDINANCES FOR FUTURE FOOD MARKET AT CIVIC CENTER PARK
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve request by Mr. Bryan
Lopez to approve temporary waiver of Palm Desert Municipal Code Section
11.01.140 (Amplified Sound in City Parks) and 11.01.080Q (Vendor Sales in City
Parks) for Future Food Market at Civic Center Park.
Item 1A-3
CC, SARDA, & HA Meeting Minutes January 12, 2023
City of Palm Desert Page 4
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
G. REQUEST TO APPROVE FEE WAIVER FOR HOLOCAUST REMEMBRANCE
DAY EVENT
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve request by Mr.
Steven Geiger to approve fee waiver for Holocaust Remembrance Day event at
Civic Center Park including a temporary waiver of Palm Desert Municipal Code
Section 11.01.140 (Amplified Sound in City Parks).
H. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARKS
ORDINANCES FOR PALM DESERT YOUTH SPORTS ASSOCIATION
OPENING DAY OF BASEBALL & SOFTBALL AT CIVIC CENTER PARK
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve a temporary waiver
of certain parks ordinances for Palm Desert Youth Sports Association (PDYSA)
opening day of Baseball & Softball at Civic Center Park, including the following
sections of the Palm Desert Municipal Code:
a. 11.01.20 (Hours of Use in City Parks);
b. 11.01.140 (Amplified Sound in City Parks);
c. 11.01.080-H (Camping);
d. 11.01.080 O (Placement of Advertising Signage in City Parks); and
e. 11.01.080 Q (Vendor Sales in City Parks).
I. ADOPT REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN
PARKS ORDINANCES FOR WATER LANTERN FESTIVAL AT CIVIC CENTER
PARK
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve request by Mr. Sam
Bakker to approve temporary waiver of certain parks ordinances for Water Lantern
Festival at Civic Center Park including Palm Desert Municipal Code sections as
follows:
a. 11.01.20 (Hours of Use in City Parks);
b. 11.01.140 (Amplified Sound i5 City Parks);
c. 11.01.080 O (Placement of Advertising Signage in City Parks); and
d. 11.01.080 Q (Vendor Sales in City Parks).
Item 1A-4
CC, SARDA, & HA Meeting Minutes January 12, 2023
City of Palm Desert Page 5
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
J. AWARD CONTRACT NO. C44440 TO ECONOLITE SYSTEMS, INC., OF
ANAHEIM, CALIFORNIA, FOR TRAFFIC SIGNAL HARDWARE UPGRADE IN
THE AMOUNT OF $412,560 (PROJECT NO. 569-23)
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to:
1. Award Contract No. C44440 to Econolite Systems, Inc., of Anaheim, California,
for the Traffic Signal Hardware Upgrade project in the amount of $412,560.
2. Authorize the Director of Finance to set aside a contingency in the amount of
$35,000 for unforeseen conditions.
3. Authorize the City Manager or designee to review and approve written requests
for the use of contingency for unforeseen conditions up to the contingency
amount per Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the agreement.
K. ADOPT RESOLUTION NO. SA-RDA 099 FOR RECOGNIZED OBLIGATION
PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL
PERIOD FROM JULY 1, 2023, THROUGH JUNE 30, 2024, PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN
RELATED ACTIONS (Successor Agency)
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to adopt Resolution No. SA-
RDA 099 for Recognized Obligation Payment Schedule and Administrative
Budgets for the fiscal period from July 1, 2023, through June 30, 2024, and taking
certain related actions.
L. AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND
FACILITIES REPAIRS AND IMPROVEMENT PROJECTS AND APPROPRIATE
FUNDS
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to:
1. Approve Award on-call contracts to PUB Construction, Inc., of Diamond Bar,
California, Belfor USA Group of Riverside, California, and Elite Customs
Construction of San Jacinto, California, for Park and Facilities Repairs and
Improvements, for a period of three (3) years in an aggregate amount not to
exceed $750,000 per fiscal year with the initial year being pro-rated from date of
approval, pursuant to the terms of the agreement(s).
2. Appropriate $220,000 from Unassigned Parkview Complex funds to
Account No. 5104195-4331000.
3. Authorize the Mayor to execute said agreements.
4. Authorize the City Manager to review and approve up to two (2) additional one-
year terms per vendor contract for an aggregated amount not to exceed
$750,000 per fiscal year.
M. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C32410 WITH DESERT
RECREATION DISTRICT FOR ANNUAL PARK AND PORTOLA COMMUNITY
CENTER SERVICES AND APPROPRIATE FUNDS
Item 1A-5
CC, SARDA, & HA Meeting Minutes January 12, 2023
City of Palm Desert Page 6
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Contract No. C32410 to incorporate DRD’s
adopted class and compensation study resulting in an increase to the
reimbursement of park and community center services.
2. Appropriate $100,000 from Unobligated General Fund Reserves to Account
No. 1104610-4309000, Prof-Services Civic Center Park.
3. Authorize the City Manager to execute said amendment.
N. ACCEPT CONTRACT NO. C37040A WITH H&H GENERAL CONTRACTORS,
INC., OF HIGHLAND, CALIFORNIA, FOR THE PRESIDENTS’ PLAZA EAST
AND WEST PARKING LOT IMPROVEMENTS AS COMPLET E AND
AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION
(PROJECT NO. 758-14)
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to:
1. Accept Contract No. C37040A with H&H General Contractors, Inc. of Highland,
California, for the Presidents’ Plaza East and West Parking Lot Improvements
as complete.
2. Approve Contract Amendment No. 3 to Contract No. C37040B in the amount
of $94,000.
3. Authorize the transfer of $94,000 from the remaining contingency amou nt for
the project from Contract No. C37040A to Contract C37040B.
4. Authorize the City Clerk to file the Notice of Completion.
5. Authorize the City Manager or their designee to execute the contract
amendment.
EXCLUDED CONSENT CALENDAR:
None.
Item 1A-6
CC, SARDA, & HA Meeting Minutes January 12, 2023
City of Palm Desert Page 7
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
2. ACTION CALENDAR:
A. RECEIVE AND FILE INFORMATIONAL REPORT RELATIVE TO STATE AND
LOCAL REGULATIONS OF MARKET RATE HOUSING RENT INCREASES
(Housing Authority)
Housing Manager Gonzales and Special Counsel Kearns narrated a PowerPoint
presentation and responded to City Council inquiries.
MOTION BY COUNCILMEMBER TRUBEE, SECOND BY MAYOR PRO TEM
QUINTANILLA, CARRIED 5-0, to receive and file an informational report relative
to state and local regulations of market rate housing rent increases.
3. PUBLIC HEARINGS:
None.
INFORMATION ITEMS:
None.
ADJOURNMENT:
The City Council adjourned at 5:02 p.m.
Respectfully submitted,
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
ATTEST:
Anthony J. Mejia, MMC
City Clerk/Secretary
APPROVED BY CITY COUNCIL: __/__/2023
Item 1A-7
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CITY OF PA L M DESERT
CITY CLERK DEPARTM ENT
INTEROFFICE MEMORANDUM
To: BUILD IN G A ND SAFETY DIVISION AND PLAN NING DIVISIO N
MICHELLE NA NCE, DEPUTY C ITY CLERK
From :
Da te: J anuary 9 , 2023
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) B Y :
Oceana Restaruant -77932 Country Club Dr. Unit 2-4 Palm Desert, CA 92211
A copy of the subj ect ABC License Appl ication is attached for you r review and
recommendation to t he City Counci l or to another department(s) for further action . A
response is requ i red. Please mark the appropriate response below and ret urn to
my office by Monday, January 16, 2023.
Responding Department: Development Services: Plann inGDate: January 9, 2023
Re sponse:
[{] No co m ment -ok ay to present to City Counci l.
D Refer to -related comments
(attach ad d it io nal sheets, if necessary): ______________ _
D Ot her -Addit ional comme nts (attach additional sheets, if necessary):
Item 1C-1
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE, DEPUTY CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date: ________________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ - related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Item 1C-2
Department of Alcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
ABC 2 11 (6/99)
State of California
TO:Department of Alcoholic Beverage Control
34-160 GATEWAY DR.
STE 120
File Number: 645202
Receipt Number: 2770299
Geographical Code: 3318
PALM DESERT, CA 92211
(760) 324-2027
Copies Mail e d Date : January 5, 2023
I ss ued Date :
DISTRICT SERVING LOCATION: PALM DESERT
First Ow ner:
Name of Bu si ne ss:
Location of Busin ess:
County:
Is Premises inside city limits?
Mai lin g Address:(If di fferent
from
premises address)
OCEANA RESTAURANTS INC
OCEANA RESTAURANT
77932 COUNTRY CLUB DR
UNIT 2-4
PALM DESERT, CA 92211-3407
RIVERSIDE
Yes Census Tract: 0449.22
Type of license(s): 47 , D rop pin g Partner: Yes
Transferor's license/nam e: 439093 / RA SUSID CORONA CORP
License Type
4 7 -On-Sa le Genera l Ea tin g Place
Licen se Type
Ap plication Fee
4 7 -On -Sale Genera l Eating Place
Transaction Type
PER/PRM
Transacti o n Desc ripti o n
DBL TRF : PREMISES AND PERSON
ANNUAL FEE
Have yo u ever been convicted of a felony? No
Master
y
Fee Code
NA
P40
Secondary LT And Count
58[ I]
Dup Da te Fee
0 01 /05 /23 $1,370.00
0 01 /05 /23 $1,355 .0 0
Total $2 ,725 .00
Have yo u ever violated any provisions of the Alcoholic Beverage Control Act, or regulation s of the
Department pertaining to th e Act? No
STATE OF CALIFORNlA Cou nty of RIV ERS IDE Date: January 5, 2023
Applicant Name(s)
OCEANA RESTAURANTS INC
No
~
~ -0 :::j ~
~ --< -> ::I:~~ :z:
I 0 1"1!'1("')
\.0
V)~~
-0 ·<
:JC (J)t'Tt
:--4 00
~ ...., o.,,
0 , 0 'X) "'1
Item 1C-3
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Eric Ceja, Director of Economic Development
REQUEST: RECEIVE AND FILE A REPORT REGARDING THE CITY OF PALM
DESERT’S ENROLLMENT WITH THE GREATER COACHELLA VALLEY
CHAMBER OF COMMERCE AND THE RANCHO MIRAGE CHAMBER OF
COMMERCE
RECOMMENDATION:
Receive and file an informational report for the City’s enrollment as a member to the Greater
Coachella Valley Chamber of Commerce (GCVCC) and the Rancho Mirage Chamber of
Commerce (RMCC).
BACKGROUND/ANALYSIS:
The City of Palm Desert has been a member of the Palm Desert Area Chamber of Commerce
(PDACC) for several decades. With the number of Palm Desert based businesses joining the
RMCC and the GCVCC it is important for the City to remain engaged with the PDACC and
develop relationships with the other Chambers through a membership. Joining the other
Chambers furthers the City's Economic Development goals by developing relationships with the
broader Coachella Valley business community and identifying potential businesses interested in
relocating or expanding into Palm Desert.
This item was discussed with the Economic Development Subcommittee on January 13 th, and
for all the reasons explained above, the subcommittee supported joining the other Chambers.
Strategic Plan:
•Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to
enhance the ease of lifestyle.”
•Economic Development – Priority 4: “Expand and raise awareness of business-friendly
services in order to retain and attract business.”
Project Description:
City staff has been debating joining the GCVCC and RMCC to build a better relationship between
our organization and their membership, including the number of Palm Desert based businesses
that these Chambers serve. The table below shows the memberships numbers for each of the
Chamber of Commerce and the fee associated with joining.
Chamber of
Commerce
No. of
Members
No. of Palm Desert
Based Businesses
Membership
Fee
PDACC 518 350 $425
GCVCC 792 175 $350
RMCC 563 163 $450
Item 1D-1
City of Palm Desert
Chamber Enrollment
Page 2 of 2
Once joined, the City will provide a representative to applicable trainings and events to stay
involved with each organizations planning and business development initiatives. However, the
City has not identified, and does not contemplate, sponsorship of any events beyond the initial
membership.
FINANCIAL IMPACT:
Funds are available in account number 1104430-4363000. There is no impact to the City’s
General Fund with this action.
REVIEWED BY:
Department Director: Eric Ceja
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
Item 1D-2
STAFF REPORT
CITY OF PALM DESERT
MEETING DATE: January 26, 2023
PREPARED BY: Christina Canales, Land Development Technician
REQUEST: AUTHORIZE THE RELEASE OF MAINTENANCE SECURITY IN
THE AMOUNT OF $2,882 FOR LA QUINTA BREWING COMPANY
________________________________________________________________________
RECOMMENDATION:
Authorize the release of maintenance security in the amount of $2,882 for the La Quinta
Brewing Company.
BACKGROUND/ANALYSIS:
The La Quinta Brewing Company project (PP/CUP 19-0007) located at 74714 Technology
Drive was approved by Planning Commission Resolution No. 2766 on November 5, 2019.
The La Quinta Brewing Company was conditioned to install a curb, gutter, sidewalk, and
commercial driveways at the site’s street frontage. Bonds in the amount of $28,828.80 for
Faithful Performance and $14,414.40 for Labor and Materials were submitted at the time of
the grading permit issuance for these improvements.
On June 10, 2021, the City Council accepted the La Quinta Brewing Company’s off-site
improvements and a maintenance cash deposit in the amount of $2,882 for a one-year
period.
Staff conducted a reinspection to verify that all required improvements have remained as
originally accepted in 2021. The one-year maintenance period is complete; therefore, staff
recommends that the City Council authorize the release of the maintenance obligation.
FISCAL IMPACT:
There is no impact to the General Fund associated with this action.
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Director of Finance: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Vicinity Map
2.Maintenance Cash Deposit Release
Item 1E-1
LA QUINTA BREWING COMPANY LOCATION
Legend 4,5221:
Notes
Circulation Network Streets
City Boundary Parcels (10/2020)
Item 1#-2
DESCRIPTION ACCOUNT STATUS PAID
PermitTRAK
PG19-0028 Address: 74714 TECHNOLOGY DR APN: 694190084
MAINTENANCE BOND GL-6100000-2280100 ORIGINAL $2,882.00
TOTAL FEES PAID BY RECEIPT: R45239 $2,882.00
Printed: Thursday, January 12, 2023 11:03 PM
Date Paid: Tuesday, May 04, 2021
Paid By: LQ QUINTA BREWING COMPANY
Pay Method: CHECK 3209
1 of 1
Cashier: cc
Cash Register Receipt
City of Palm Desert
Receipt Number
R45239
Item 1#-3
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Audrey Nickerson, Project Manager
REQUEST: ACCEPT CONTRACT NO. C37960E WITH R DEPENDABLE
CONSTRUCTION, INC., OF SAN BERNARDINO, CALIFORNIA, FOR THE
CITY COUNCIL CHAMBER RENOVATION PROJECT AS COMPLETE
AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF
COMPLETION (PROJECT NO. 765-19)
RECOMMENDATION:
1.Accept Contract No. C37960E with R Dependable Construction, Inc., of San Bernardino,
California, for the City Council Chamber Renovation Project as complete.
2.Authorize the City Clerk to file the Notice of Completion.
BACKGROUND/ANALYSIS:
On September 10, 2020, the City Council awarded Contract No. C37960E for the City Council
Chamber Renovations to R Dependable Construction, Inc., of San Bernardino, California.
Construction began on March 21, 2022 and was completed on November 29, 2022. Staff has
inspected the contractor’s work and found said work to be complete and in accordance with the
contract requirements.
FINANCIAL IMPACT:
The table below provides the authorized budget for design and construction of the City Council
Chambers Renovations, and total expenditures:
PROJECT EXPENDITURES AUTHORIZED AMOUNT
Total Construction & Design Budget Including Adjustments $1,618,010.00
C37960A – Design Services 04/11/2019 $152,330.00
A37960C – Media Room Wall Reinforcement 06/10/2019 $11,150.00
C40500 – Inspection Services 09/24/2020 $11,686.00
C37690F – Fixed Seating 10/28/2021 $50,115.17
Transfer funds to Development Services Project 11/18/2021 $100,000.00
C37960E – Construction 11/21/2021 $1,024,465.30
Audio Visual Equipment 12/05/2022 $55,639.85
Total Construction & Design Costs $1,405,386.32
PROJECT BALANCE* $212,623.68
*Remaining unspent funds budgeted for contingency related to this project will be zeroed and re-allocated at the close of the project
Item 1F-1
There is no fiscal impact regarding the acceptance of this project and filing of the Notice of
Completion.
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Notice of Completion
Item 1F-2
To be recorded with the Riverside County Recorder
on or within 15 days after completion and acceptance by
the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.
APN 000-000-000 R/W NOTICE OF COMPLETION
(Cal. Civ. Code § 9200 et seq. – Public Works)
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY
OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State
of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260.
2. That the full name and address of the owner of said interest or estate is set forth in the preceding
paragraph.
3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE.
4. That on the 26TH day of January 2023 work of improvement described as the City Council Chambers
Renovation, Project No. 765-19 Contract No. C37960E, on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: R Dependable
Construction, Inc., San Bernardino, CA 92410.
6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside,
State of California, and is described as 73-510 Fred Waring Drive, Palm Desert, CA 92260.
7. I, Kathleen Kelly, Mayor of the City of Palm Desert, am authorized to execute and file this Notice of
Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have
read the Notice of Completion and know the contents thereof; the same is true of my own knowledge. I
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
CITY OF PALM DESERT
A MUNICIPAL CORPORATION
Date: By:
Kathleen Kelly, Mayor
When recorded, return to:
Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
STATE OF CALIFORNIA }
} ss
COUNTY OF RIVERSIDE }
On __________ __________, 2023, before me, Anthony J. Mejia, City Clerk of the City of Palm Desert, personally appeared Kathleen
Kelly, Mayor of the City of Palm Desert, a Municipal Corporation, and acknowledged to me that the City of Palm Desert executed the
same.
Anthony J. Mejia, City Clerk
Rev. May 2020
Item 1F-3
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Item 1F-4
Page 1 of 2
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Jessica Gonzales, Housing Manager
REQUEST: RECEIVE AND FILE THE ANNUAL LOW- AND MODERATE-INCOME
HOUSING ASSET FUND REPORT RELATIVE TO SB 341
RECOMMENDATION:
Receive and file the annual Low and Moderate Income Housing Asset Fund report relative to
SB 341 for the 2021/2022 fiscal year.
BACKGROUND/ANALYSIS:
The Housing Successor SB 341 Annual Report (Report) regarding the Low and Moderate
Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and
Safety Code Section 34176.1(f) and describes the current status of the LMIHAF as of June 30,
2022. The Report further provides certain details regarding the Palm Desert Housing Authority,
as Housing Successor (“Housing Successor” or “Authority”), and its activities during Fiscal Year
2021-22 (Fiscal Year). The purpose of this Report is to provide the governing body of the
Housing Successor, the Authority Board, an annual report on the housing assets and activities
of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code,
in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by staff and information contained
within the financial records of the LMIHAF 873 for Fiscal Year 2021-22. The Report conforms
with and is organized into Sections 1 through 13, inclusive, pursuant to Section 34176.1(f) of the
Dissolution Law.
The Excess Surplus Test for Fiscal Year 2021-22 indicates a computed excess surplus of
$15,291,413 in the LMIHAF as of June 30, 2022. When a surplus is identified, the Housing
Successor must provide their plan for eliminating the excess surplus. Section 12b of the Report
provides the Authority’s plan to eliminate the excess surplus. Currently, there are several
housing projects in various stages that will require assistance from the Authority totaling
$28,120,000 within the next year. There are sufficient housing funds available to cover the
anticipated cost.
This Report is to be provided to the California Department of Housing and Community
Development. In addition, this Report will be made available to the public on the City’s website,
www.cityofpalmdesert.org.
FINANCIAL IMPACT:
There is no impact to the General Fund with this action.
Item 1G-1
City of Palm Desert
[Housing Authority – Header Description of SR]
Page 2 of 2
REVIEWED BY:
Department Director: Eric Ceja
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
Executive Director: Todd Hileman
ATTACHMENTS:
1.SB 341 Report for Fiscal Year 2021/2022
Item 1G-2
1)2021-2022 SERAF DEPOSIT (A/R)-
-
2)2021-2022 Deposits to LMIHAF
Interest 97,371
Rents -
ROPS Related Deposits -
Loan Payoff's/Hovley Payment 131,154
Sales Proceeds -
Total Deposits to LMIHAF 228,525
Less: Amounts Deposited Pursuant to ROPS
Total Effective Deposits to LMIHAF 228,525
3)2021-2022 LMIHAF Balance
LMIHAF Cash Balance @ June 30, 2022 43,395,880
Less: Amounts Deposited for ROPS CY
Less: Amounts Deposited for ROPS PY 14,681,058
Total Available Cash Balance 28,714,822
4)2021-2022 LMIHAF Expenditures by Category
a)Monitor/Preserve
Affordability Covenants 34,148
b)Administrative Expenditures 46,553
c)Homeless Prevention -
d)Development of
Affordable Housing
30%7,750
50%-
80%-
2019-2020 Expenditures Related to Bonds -
Total Expenditures 88,451
5)Administrative Costs - Annual Cap Calculation
71,359,909 Statutory Value of Real Property (Asset List and 2014)
15,052,759 Statutory Value of Loans/Grants Receivable (Asset List thru 2014)
- Plus: Real Property Purchased
18,000 Plus: New Loans Receivable
- Less: Real Property Sales
(106,773) Less: Loan Payoff's86,323,895 Total Combined Value
0.05 5% Max
4,316,195 Max Annual Administrative Cost
6)Transfers Made to Other Housing Successors
N/A
7)Property Tax Revenue Held for ROPS Related Projects
8)a) Status of Vacant Property Acquired Prior to February 1, 2012
"Sagecrest II", "Arc Village" and Portola Palms Mobile Home Park Lots 73 and 129. Following a detremination from
the California Housing and Community Development Department under the Surplus Land Act, a Request for
Proposal or some other proper process will be completed to dispose of the property. Anticipated to be in 2023.
LOW MODERATE INCOME HOUSING ASSET FUND
ANNUAL REPORT
2021/2022
$9,157,393 has been deposited from ROPS to be used for improvements related to requirements of Stipulated
Judgment No. 51124. $4,942,703 remains deposited pursuant to BPFA for ROPS Approved bond related expenditures.
Vacant properties included on the Housing Asset List approved 8/13/12 by the DOF include:
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Item 1G-3
b) Status of Vacant Property Acquired After February 1, 2012
N/A
9)Oustanding Obligations Related to Replacement/Inclusionsary/Production Requirements
N/A
10)Compliance with Extremely Low Income Targeting (INCOME TEST)
N/A
11)Breakdown of Deed Restricted Rental Units Developed last 10 Years. (SENIOR RENTAL HOUSING TEST)
72 Senior Rental Housing 100%
- Multi Family Rental Housing 0%
72 All Affordable Rental Housing 100%
12) a) Excess Surplus Calculation (EXCESS SURPLUS TEST):
Fund Balance As of 6-30-22 48,603,280
Less: Receivables (5,175,299)
Less: Land held for resale (61,516)
Less: Amounts deposited for ROPS Items (14,681,058)
Total Unavailable Funds (19,917,873)
Unencumbered Fund Balance as of 6-30-22 28,685,407
Deposits for the preceding four years:
Fiscal year 2020-21 228,525
Fiscal year 2019-20 2,442,063
Fiscal year 2018-19 5,006,356
Fiscal year 2017-18 5,717,050
Total Deposits 13,393,994
Base Limit 1,000,000
Greater of Aggregate Deposited or $1,000,000 13,393,994
Computed Excess Surplus 15,291,413
b) Projects Currently under Consideration:
6,030,000
6,755,000
7,235,000
7,000,000
300,000
800,000
Amount to be Encumbered or Spent within the Next Fiscal Year 28,120,000
13)Inventory of Homeownership Units
Assembly Bill 1793 (“AB 1793") requires the annual reporting of any homeownership units assisted
by the Housing Authority that require restrictions, covenants, or an adopted program that protects
Housing Asset Fund monies. An inventory of these properties has been included as Appendix 1.
Sands Affordability Covenant - Anticipating $300,000+ Subsidy
Self Help Silent Second Loans - anticipating $800,000 HBA Loans for 13 units for sale
Any amounts determined to be excess surplus will be budgeted to preserve affordability covenants in the upcoming
fiscal year.
128 Acre Site Development - Committed to $6,030,000 Million Loan for 266 rental unit
restriction at Vitalia Apartments10 Acre Site Development - Approved Disposition Development Loan Agreement with a
loan commitment of $6,755,000 for 239 restricted units.UHC - Committed to $7,235,000 Million Loan for 174 rental unit restriction at Crossings at
Palm Desert Project
Sagecrest II Development - RFP's will go out in 2023, anticipating a minimum of $7M Const
Costs
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Item 1G-4
Page 1 of 3
STAFF REPORT
CITY OF PALM DESERT
MEETING DATE: January 26, 2023
PREPARED BY: Erica Powell, Management Analyst
Amy Lawrence, Deputy Director of Economic Development
REQUEST: APPROVE SPONSORSHIP FOR THE 2023 DESERT X
EXHIBITION IN THE AMOUNT OF $25,000
RECOMMENDATION
1.Approve sponsorship in the amount of $25,000 with The Desert Biennial for its
2023 Desert X Exhibition to be held March 4 – May 7, 2023.
2.Authorize staff to finalize negotiations of the Sponsorship Agreement with
The Desert Biennial.
3.Authorize the City Manager to execute same, subject to the satisfaction of the City
Attorney.
4.Waive all permit and inspection fees associated with Desert X.
BACKGROUND/ANALYSIS:
The City received a sponsorship request from The Desert Biennial for its 2023 Desert X
Exhibition, which is scheduled to run from March 4 – May 7, 2023. Palm Desert has
participated/sponsored this event since 2017 and the installations in Palm Desert have
been some of the most well-attended land art installations during the last three biennial
exhibitions For 2023, Desert X is proposing two potential installations to be sited on
City-owned property at the following locations:
−Cap Homme / Ralph Adams Park (former site of Claudia Comte’s Curves and
ZigZags and Superflex’s Dive-In)
−Northeast corner of Portola Ave and Frank Sinatra (former site of Phillip K.
Smith’s The Circle of Land and Sky and Eduardo Sarabia’s The Passenger)
According to Desert X’s 2022 exhibition report, there were 650,000 site visits to the 10
art installations located throughout the Coachella Valley during the nine week of the
2021 exhibition. Over 15,000 visitors were surveyed during Desert X 2021, providing the
following demographics:
-Over half of the visitors traveled between 50-250 miles to specifically visit Desert
X,
-40% stayed in hotels or Airbnb, and
- More than 90% visitors said they will visit Desert X in the future.
Item 1H-1
City of Palm Desert
2023 Desert X Exhibition Sponsorship
Strategic Plan Objective:
Sponsorship of the 2023 Desert X Exhibition contributes to the Arts & Culture Mini-
Vision contained in the Strategic Plan, which states:
“Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives
economic growth in Palm Desert. The community is host to internationally
recognized cultural events that bring significant economic benefits to the City.
Palm Desert is a leader in arts education, ensuring a well-rounded population
that possesses high levels of creativity and critical thinking skills.”
Commission Recommendation:
At its regular meeting of September 14, 2022, the Cultural Arts Committee (CAC)
unanimously recommended that the City Council approve a sponsorship request for the
2023 Desert X Exhibition, with a vote of 6-0, with Committee Members Adney, Boren,
Flint, Hauer, Mitze, and Wallach voting aye.
Additionally, at its regular meeting of January 3, 2023, staff presented an informational
report on the 2023 Desert X Exhibition to the Parks and Recreation Commission and
they were in support of artwork being installed at Cap Homme / Ralph Adams Park.
FINANCIAL IMPACT:
The Desert Biennial is requesting a sponsorship in the amount of $25,000 for support of
two land art installations and creation of free public programming in Palm Desert in
relation to the 2023 Desert X Exhibition.
Comparisons of previous Desert X sponsorships:
YEAR AMOUNT
2021 $20,000
2019 $10,000
2017 $35,000
Item 1H-2
City of Palm Desert
2023 Desert X Exhibition Sponsorship
Funding in the amount of $20,000 is available in the Public Art Fund, Account No.
4364650-4309200, and the remaining $5,000 is available in the City’s Marketing budget,
Account No. 1104417-4322000. The only additional impact anticipated to the General
Fund is the requested waiver of permit fees. The full cost to waive fees cannot be
determined until the art installations are complete. Staff will collect the information and
report back on the comprehensive waiver costs.
REVIEWED BY:
Department Director: Eric Ceja
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Desert X 2023 Presentation
2.Desert X 2023 City of Palm Desert Funding Proposal
3.Draft Sponsorship Agreement
Item 1H-3
Item 1H-4
Item 1H-5
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Item 1H-7
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Item 1H-28
Item 1H-29
Item 1H-30
The City of Palm Desert
Cultural Arts Committee August 29, 2022
c/o Amy Lawrence
Re: Desert X 2023 Funding Proposal
Dear Palm Desert Cultural Arts Committee and City Council members,
The Desert X team is full steam ahead for Desert X 2023. Our internationally-renowned
contemporary art exhibition will be held March 4 – May 7, 2023 throughout the
Coachella Valley. Civic partnership has been and continues to be essential to the
exhibition’s success, and we submit here a formal request and proposal for funding to
the City of Palm Desert. All of us at Desert X are appreciative to the city for past
exhibition support and are hopeful that it will renew support in 2023.
Desert X would like to request $25,000 for 2023. Funds received will be used towards
exhibition support and the creation of free public programming in Palm Desert.
Historically, Desert X has collaborated with the City of Palm Desert to present
enriching and engaging public program experiences that activate public spaces within
the city and promote art education and awareness. In 2017, Desert X organized a hike
in Homme Adams Park with artist Claudia Comte and curator Neville Wakefield that
encouraged visitors to experience Comte’s installation, Curves and Zig Zags, from a
different perspective and drew attention to Palm Desert’s beautiful hiking trails. In
2019, Desert X hosted a series of public activations of Superflex’s Dive-In and
screenings in tandem with the city’s senior programs. In 2021, though public
programing was highly impacted by the COVID-19 pandemic, we connected with
audiences in-person by posting trained docents at several installations, including
Eduardo Sarabia’s popular The Passenger and Kim Stringfellow’s Jackrabbit
Homestead providing an additional layer of engagement and understanding. We also
Item 1H-31
P.O. Box 4050 Palm Springs, CA 92263 desertx.org
hosted a meet-and-greet with artists at the installations, creating space for viewers to
speak directly to artists.
In 2023, Desert X plans to continue to utilize spaces and resources in Palm Desert in its
public programming to engage local and visiting audiences of all backgrounds and
ages. This includes special in-person events such as conversations with artists and
docents at installations, through tours, and online. We are also proud to be developing
new programs with administrators and educators at Desert Sands Unified School
District and College of the Desert, targeting at-promise youth and budding creatives in
the community.
Thank you for your consideration, continued collaboration and support of Desert X.
We look forward to discussing this proposal further. We are always open to new ideas
and creative ways to bring our partnership to life.
Sincerely,
Jenny Gil
Executive Director
jenny@desertx.org
+1 760 567 3284
Item 1H-32
Contract No. ______________
1
Revised 11-2-20
BBK 72500.00001\32374915.1
CITY OF PALM DESERT
SHORT-FORM SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 26th day of January
2023, 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 92260-2578, California (“City”) and Desert Biennial, a non-profit 501(c)3
organization, with its principal place of business at P.O. Box 4050, Palm Springs,
California 92263 ("Vendor"). The City and Vendor are sometimes individually referred to herein
as "Party" and collectively as "Parties."
2. Terms and Conditions. The Parties shall comply with the Terms and Conditions attached
hereto as Exhibit “A” and incorporated herein by this reference.
3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all
materials, labor, tools, equipment, water, light, power, transportation, and superintendence of
every nature and all other services and all facilities necessary to execute, complete, and deliver
the services as particularly described in the Scope of Services (“Services”) attached hereto as
Exhibit “B” and incorporated herein by this reference. The Services shall be completed timely
and in accordance with the Schedule of Services set forth in Exhibit “B”.
4. Term. The term of this Agreement shall be from January 26, 2023 to May 31, 2023, unless
earlier terminated as provided herein.
5. Compensation. Vendor shall receive compensation for Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this
reference. The total compensation shall not exceed Twenty-Five Thousand Dollars ($25,000) per
fiscal year (“Agreement Price”). Vendor’s invoices shall include a detailed description of the
Services performed. Invoices shall be submitted to the City on a monthly basis. The City shall
review and pay all non-disputed and approved charges on such invoices in a timely manner.
Vendor shall submit its final invoice to the City within thirty (30) days from the last date of Services
performed and failure to do so shall result in a waiver of payment from the City.
6. Insurance. In accordance with Exhibit A, Section C of the Terms and Conditions, Vendor
shall, at its expense, procure and maintain for the duration of the Agreement such insurance
policies as checked below and provide proof of such insurance policies in a form satisfactory to
the City.
Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate.
$2,000,000 per occurrence/$4,000,000 aggregate.
Automobile Liability:
$1,000,000 combined single limit for bodily injury and property damage.
Workers’ Compensation:
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease and a
waiver of subrogation in favor of the City and their respective officers, agents, employees,
volunteers and representatives.
Professional Liability (Errors and Omissions):
Item 1H-33
Contract No. ______________
2
Revised 11-2-20
BBK 72500.00001\32374915.1
Errors & Omissions liability insurance with a limit of not less than $1,000,000 per
claim and in the aggregate.
[SIGNATURES ON THE NEXT PAGE]
Item 1H-34
Contract No. ______________
3
Revised 11-2-20
BBK 72500.00001\32374915.1
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF PALM DESERT DESERT BIENNIAL
By: __________________________ By: _________________________________
L. Todd Hileman
City Manager Its: _________________________________
Printed Name: ____________________________
Attest:
__________________________
Anthony J. Mejia
City Clerk
Approved as to Form:
__________________________
Best Best & Krieger LLP
City Attorney
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Item 1H-35
Contract No. ______________
Ex. A-1
Revised 11-2-20
BBK 72500.00001\32374915.1
EXHIBIT “A”
TERMS AND CONDITIONS FOR SERVICES
1. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government.
Vendor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ 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. Vendor
represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for
employment in violation of state or federal law. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq.
and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects. If the work is being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for
maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Vendor agrees to fully comply with such
Prevailing Wage Laws, including, along with subcontractors, being registered with the Department of Industrial Relations (Labor Code
§§ 1725.1; 1771.1). It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code §
1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of
contractors and subcontractors (Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement.
2. Standard of Care. The Vendor shall perform the Services in accordance with generally accepted professional practices and
principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing
under similar conditions.
3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and
maintain during this Agreement: A. Commercial General Liability Insurance for bodily injury, personal injury and property damage, at
least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001). The policy must
include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned,
rented, and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile
liability, Code 1 (any auto); C. Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance; and if
applicable, as determined by the City’s Risk Manager, D. Professional Liability (Errors and Omissions) that covers the Services to be
performed in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective
date of this agreement and Vendor agrees to maintain continuous coverage through a period no less than three years after completion
of the services required by this agreement. All insurance coverage maintained or procured pursuant to this agreement shall be
endorsed to waive subrogation against the City of Palm Desert, and their elected or appointed officers, agents, officials, employees,
volunteers, and representatives or shall specifically allow Vendor or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City of Palm
Desert or their elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar
written express waivers and insurance clauses from each of its subcontractors. Workers compensation coverage shall have an
endorsement in favor of the City of Palm Desert, and their respective officers, agents, employees, volunteers and representatives.
Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an
"A-:VII" rating according to the latest Best Key Rating unless otherwise approved by City’s Risk Manager. Vendor shall add the City,
and their respective officers, officials, employees, agents, volunteers and representatives as additional insureds on Vendor’s
Commercial General Liability, Automobile Liability, and if applicable, Pollution Liability and Cyber Liability policies. Coverage provided
by Vendor shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute
with it. 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 (i.e. pollution, cyber, and fidelity coverages) required by giving the Vendor advance written notice of such change. If such
change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’s compensation. If the City
reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. Umbrella or
Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In
such circumstances, Contractor may obtain and maintain an umbrella 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) 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;
(b) Pay on behalf of wording as opposed to reimbursement;
(c) Concurrency of effective dates with primary policies; and
(d) Policies shall “follow form” to the underlying primary policies.
(e) Insureds under primary policies shall also be insureds under
the umbrella or excess policies.
Item 1H-36
Contract No. ______________
Ex. A-2
Revised 11-2-20
BBK 72500.00001\32374915.1
4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel of City’s choosing), indemnify and hold
the City, and their respective officials, officers, employees, volunteers, agents and representatives 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 (collectively, “Claims”), in any manner arising out of, pertaining to, or incident to any acts, errors or omissions,
or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Vendor’s Services, the project, or this Agreement, including without limitation the payment of all expert witness
fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful
misconduct of the City. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be
restricted to insurance proceeds, if any, received by Consultant or the City, or their respective officials, officers, employees, agents,
volunteers or representatives. If Vendor’s obligation to defend, indemnify, and/or hold harmless arises out of Vendor’s performance
as a “design professional” (as that term is defined under Civil Code § 2782.8), then, and only to the extent required by Civil Code §
2782.8, which is fully incorporated herein, Vendor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Vendor, and, upon Vendor obtaining a final adjudication by a court
of competent jurisdiction, Vendor’s liability for such claim, including the cost to defend, shall not exceed the Vendor’s proportionate
percentage of fault.
5. Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to
interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of
Riverside, State of California.
6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar
days written notice to Vendor. In such event, the City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for the work. The City shall pay Vendor the reasonable
value as determined by the City of any portion of the Services completed prior to termination. The City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed Services
and shall not be entitled to damages or compensation for termination of the Services. Vendor may terminate its obligation to provide
further work under this Agreement upon thirty (30) calendar day’s written notice to the City only in the event of the City’s failure to
perform in accordance with the terms of this Agreement through no fault of Vendor.
7. Changes. By written notice, the City may from time to time, make changes to the Services furnished to the City by Vendor. If such
change causes an increase or decrease in the Agreement Price or in the time required for performance, Vendor or the City shall
promptly notify the other party thereof and assert its claim for adjustment within fifteen (15) days after the change is ordered, and an
equitable adjustment shall be made. However, nothing in this clause shall excuse the Vendor from proceeding immediately with the
Agreement as changed.
8. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement
without the written consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There
are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Agreement representing the
entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior oral or written
understanding or representations with respect to matters covered hereunder. 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. The captions of the various 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. The unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered
by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the
Parties to the addresses set forth in this Agreement. Vendor is retained as an independent contractor and is not an employee of the
City. No employee or agent of Vendor shall become an employee of the City. Vendor warrants that the individual who has signed this
Agreement has the legal power, right and authority to make this Agreement and bind the Vendor hereto.
Item 1H-37
Contract No. ______________
Ex. B-1
Revised 11-2-20
BBK 72500.00001\32374915.1
EXHIBIT “B”
SCOPE OF SERVICES; SCHEDULE OF SERVICES
1. Contractor shall provide and install a minimum of two (2) sculptures within the City
of Palm Desert on either City or private property.
2. Contractor shall work with City staff to comply with the Americans with Disabilities
Act (ADA) requirements.
3. Contractor shall be responsible for obtaining all appropriate permits and/or
inspections from City or any other appropriate agency.
4. Contactor will ensure that Sculpture is available to the public from dawn until dusk
and into the evening, if appropriate, seven (7) days per week unless otherwise
mutually agreed upon by both parties.
5. Contractor shall advertise and promote the City of Palm Desert within its pre-
exhibition advertising, onsite, post-exhibition, and online advertising through the
following:
a. Inclusion of the City of Palm Desert's logo on the Desert X website and all
appropriate print and digital materials;
b. Recognition of the City of Palm Desert's sponsorship in signage at the
location of the installation;
c. Mention of the City of Palm Desert as a sponsor on all press releases; and
d. Any other appropriate locations/outlets as negotiated by both Parties.
Item 1H-38
Contract No. ______________
Ex. C-1
Revised 11-2-20
BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
1. The City shall pay the Vendor a sponsorship fee in the amount of $25,000. The
payment shall be remitted as follows:
a. If Sculpture installed on Private Property, 2 Site Locations: $12,500 due
within thirty (30) days of fully executed contract, and $12,500 due by May
7, 2023;
i. If only one site location is used, only one payment of $6,250 due
within thirty (30) days of fully executed contract, and $6,250 due by
May 7, 2023.
b. If Sculpture installed on City Property, 2 Site Locations: $10,000 due within
thirty (30) days of fully executed contract, $7,500 by April 30, 2023, and
$7,500 within thirty (30) days of deinstallation and restoration of the
installation site(s).
i. If only one site location is used, a payment of $10,000 due within
thirty (30) days of fully executed contract, and $2,500 due within thirty
(30) days of deinstallation and restoration of the installation site(s).
2. In addition to in kind staff support through the City permitting process, the City
shall waive all permit and inspection fees associated with the Exhibition.
Item 1H-39
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Eric Ceja, Director of Economic Development
Andy Ramirez, Deputy Director of Public Works
Kevin Swartz, Management Analyst II
Randy Chavez, Community Services Manager
REQUEST: AWARD A CONTRACT TO MARKS ARCHITECTS, INC., IN THE
AMOUNT OF $1,142,400 FOR ENGINEERING AND DESIGN SERVICES
FOR THE PARKVIEW OFFICE COMPLEX (PROJECT NO. 726-17)
RECOMMENDATION:
1. Award a Contract to Marks Architects, Inc. in the amount of $1,142,400 for architectural
design and structural engineering services for the Parkview Office Complex.
2.Authorize the Director of Finance to set aside a contingency amount of $150,000 for
unforeseen work and future tenant improvement design services.
3.Authorize the City Manager or designee to review and approve written contract amendments
up to the contingency amount.
4.Authorize the Mayor to execute the agreement and any documents necessary to effectuate
the actions taken herewith.
5.Direct staff to work with the City’s Economic Subcommittee on the exterior conceptual
designs.
BACKGROUND/ANALYSIS:
The Parkview Office Complex consists of two office buildings including 91,000 square feet of
shared parking spaces owned and operated by the City of Palm Desert.
•Parkview Building (two-story) – 32,280 square feet, constructed in 1991
•State Building – 21,250 square feet, constructed in 1992
On June 14, 2018, the City Council directed staff to proceed with a Request for Proposals (RFP)
for architectural design and structural engineering services for the Parkview Office Complex.
The RFP was posted, but the project was put on hold.
Recently, Public Works developed an updated scope for architectural design and structural
engineering for the Parkview Complex. In addition to the general design engineering for the two
buildings, this project also includes design services for tenant improvements for the Water
Quality Control Board and the California Department of Food and Agriculture suite, as a condition
of the State’s lease requirements.
Item 2A-1
An RFP was posted on OpenGov (the City’s online public bidding portal) on September 23, 2022.
Additionally, staff contacted several local design firms to extend further awareness of the RFP.
A mandatory pre-proposal meeting was held October 4, 2022. The sole attendee was Marks
Architects, Inc. Staff provided a thorough walk-through of the site and answered building related
questions.
On October 26, 2022, the City received a proposal from Marks Architects, Inc. for review. An
internal evaluation committee was created and comprised of various staff members from Public
Works and Economic Development.
The committee determined that Marks Architects, Inc. is a qualified consultant to perform the
services requested in the project, based on:
• Extensive municipality experience
• Qualifications and experience of the team
• Understanding of the scope of work and a detailed phasing plan
• Contract management of prior projects
Additional criteria used to evaluate the proposal included:
• Clarity and conformance of proposal to the RFP
• Content of the proposal, including the work plan
• Proposer’s experience and performance
• Team members’ experience and performance
• Comments by references
• Fee proposal
Staff contacted several references to verify the performance of Marks Architects, Inc. One
reference of a similar project included the San Bernardino County Sheriff’s Station in Needles,
California. The scope of the project included design services, building and structural
assessments, cost estimates, plan check processing, bidding, and construction management.
Staff received positive feedback and Marks Architects Inc. was described as professional,
schedule-oriented, and great to work with.
Public Works staff commissioned an independent financial review by HR Green Consulting to
analyze the cost-effectiveness of the proposal. The fiscal analysis included costs per labor unit,
level of effort by task, hourly rates per staff member, and expertise. Initially, hourly rates were
determined to be in the upper limits of HR Green’s estimated price range. On January 6, 2023,
Marks Architects, Inc. worked with staff to address various questions and find cost savings on
select components of the proposal. This resulted in a fee reduction of $236,600. HR Green
provided a final determination that the updated cost proposal meets the industry standard for
this type of project and recommended approval.
Item 2A-2
Strategic Plan:
This project will allow the City to meet the “Land Use, Housing & Open Space Priorities” – Priority
5: “Utilize progressive land use policies and standards to support ongoing and future needs” by
repurposing existing development/buildings of the Strategic Plan. This project promotes the
City’s commitment to business-friendly practices.
Project Description:
The comprehensive project includes multiple phases from data collection through bidding and
construction. The project focuses on exterior and interior design improvements, building
assessment, and cost analysis for the following.
• Energy performance
• Condition of equipment and systems (HVAC units, windows, doors, etc.)
• Title 24 compliance
• American Disabilities Act (ADA) compliance (elevator, stairs, path of travel, parking lot,
and restrooms)
• Structural integrity
• Water intrusion (roof assessment)
• Solar transmittance
• Hazardous materials
• Tenant survey’s
• Action plans (repairs and priorities)
• Asset inventory (evaluate assets and asses remaining life cycle of existing equipment)
The consultant will then prepare preliminary designs to encompass the following:
• Conceptual Design (exterior and interior). Work with City stakeholders on exterior design
(Economic Subcommittee)
• Constructability review/report
• Access control plan
• Conceptual cost estimates (design development estimate)
• City Council conceptual presentation/direction
The final phases include final design and engineering documents, plan check management
(permitting), bidding and construction management. This project will be phased to accelerate the
tenant improvement work on the two State offices. Design services for tenant improvements for
State offices is scheduled to begin in February and be completed by April 2023. Staff will then
solicit bids for construction and seek Council approval by June 2023.
The design for the remainder of the overall Parkview Complex project will be conducted
concurrently with the tenant improvements at the State offices. The schedule to complete the
design and structural engineering will be complete by August 2023. Staff will then provide a
presentation to the City Council to review conceptual designs, cost estimates, and
recommendations in September.
Item 2A-3
FINANCIAL IMPACT:
Funds in the amount of $1,497,600 were included in the approved Capital Improvement Project
(CIP) List for Fiscal Year 2022-23 under OC Enterprise Account No. 5104361-4400100.
Therefore, there is no additional financial impact to the General Fund. Cost for Tenant
Improvement Design Services and future construction for the Water Control Board and the
California Department of Food and Agriculture offices will be reimbursed by the State to the City
through their leases.
Additional monies will need to be appropriated for construction of the project(s) based on cost
estimates provided by Marks Architects, Inc.
The following table provides the current project budget and costs:
ITEM AUTHORIZED AMOUNT
ORIGINAL CIP BUDGET 06/14/2018 $1,497,600.00
LESS:
Security Camera Installation 08/25/2022 $89,039.29
Engineering/Design Services
(Includes Water Quality Control Board TI’s at $190,000) 01/26/2023
$1,142,400.00
Contingency 01/26/2023 $150,000.00
TOTAL BUDGET ALLOCATION $1,381,439.29
BALANCE AVAILABLE $116,160.71
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Professional Services Agreement
2. Consultant Proposal – Marks Architects, Inc.
3. Vicinity Map
Item 2A-4
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 26th day of January 2023, 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-
2578, County of Riverside, State of California (“City”) and Marks Architects, Inc., with its principal
place of business at 73121 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 ("Consultant").
City and Consultant are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
PARKVIEW OFFICE COMPLEX ENGINEERING AND DESIGN SERVICES
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
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 services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 26, 2023,
to June 30, 2026 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.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees or agents shall have control over the conduct of Consultant or any of
Consultants 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
Item 2A-5
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 in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: David Clarke, Vice
President/Principal Architect, Marks Architects, Inc.
3.2.5 City's Representative. The City hereby designates Andy Ramirez,
Deputy Director of Public Works, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of
all products submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager shall
be authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates David Clarke,
Vice President/Principal Architect, Marks Architects, Inc., 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 reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
Item 2A-6
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided 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 Period of Performance. Consultant shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance
Time”). Consultant shall also perform the Services in strict accordance with any completion
schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be
separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. 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 and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant
certifies that it fully complies with all requirements and restrictions of state and federal law
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respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time and shall require all
subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has
not committed a violation of any such law within the five (5) years immediately preceding the date
of execution of this Agreement and shall not violate any such law at any time during the term of
the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer, and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.3 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.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s
indemnification of City, and prior to commencement of the Services, 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.
(A) 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.
(B) 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 the
Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) 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 the Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the Services required by this
Agreement.
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(D) 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, its officers, agents,
employees, volunteers and representatives.
(E) 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 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:
(1) 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;
(2) Pay on behalf of wording as opposed to reimbursement.
(3) Concurrency of effective dates with primary policies; and
(4) Policies shall “follow form” to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
(F) Fidelity Coverage. RESERVED
(G) Cyber Liability Insurance. RESERVED
3.2.11.2 Other Provisions or Requirements.
(A) 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
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or sub consultants.
(C) 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
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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.
(D) 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 terminate this Agreement.
(E) 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 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.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives 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, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) 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.
(H) 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.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide 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.
(J) 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 and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
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(K) 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.
(L) Separation of Insureds. A severability of interest’s provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
to each insured 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.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, 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
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement 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 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.
(O) 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.
(P) 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.
(Q) 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 Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
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the laws, regulations and policies of this Section.
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 Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed ONE MILLION ONE HUNDRED FORTY-TWO THOUSAND FOUR HUNDRED
($1,142,400.00) without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 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 written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
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installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and
representatives free and harmless from any claim or liability arising out of stop orders issued by
the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
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funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon seven (7) days’ written notice, order work on the Project to cease. 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.
3.6.1.4 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.
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3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Marks Architects, Inc.
73121 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
ATTN: David Clarke, Vice President/Principal Architect
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Andy Ramirez, Deputy Director of Public Works
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.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
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3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
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3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives 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 acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 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.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Item 2A-17
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 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
workdays. All references to Consultant include all personnel, employees, agents, and
subconsultants of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, volunteers and representatives
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 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.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 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.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Item 2A-18
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND MARKS ARCHITECTS, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
MARKS ARCHITECTS, INC.
By:
Its:
Printed Name:
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Item 2A-19
EXHIBIT "A"
SCOPE OF SERVICES/ SCHEDULE OF SERVICES
Marks Architects, Inc., a local Palm Desert Architectural firm, is honored to be able to offer the
City of Palm Desert the enclosed proposal for design services for upgrades to the Parkview Office
Complex at 73710 Fred Waring Drive in Palm Desert.
Our firm was founded by Mr. Daniel Marks AIA in 1995 in San Diego and soon began offering
services in the Coachella Valley. In 2016, Mr. Marks acquired the firm of Urrutia Architects, which
was founded by Francisco J. Urrutia in 1975 in Palm Desert, along with the long legacy of local
Coachella Valley architecture designed by Mr. Urrutia, a protégée of Mid-Century Modernist
Architect, William Cody. Marks Architects now offers architectural services in Palm Desert and San
Diego.
Since 2016, the Coachella Valley office of Marks Architects, Inc. has specialized in municipal,
county, and utility owned buildings and renovations, as well as commercial offices, medical office
and institutional renovations, hospitality renovations, automotive service buildings, and restaurants.
We are a full-service architectural firm offering feasibility studies, programming, site analysis,
entitlement acquisition, concept design, full design and construction documents for competitive
bidding, permit processing, and construction contract administration. We are proud of our high level
of quality and professionalism in our deliverables. Our documents are clear and understandable and
we spend considerable time checking the work of our subconsultants to ensure coordination.
The Palm Desert office of Marks Architects, Inc. is led by David Clarke, Principal Architect and Vice
President. Mr. Clarke, a California Licensed Architect since 1990 (No. C21219), and he is authorized
by our company to negotiate agreement terms and compensation and enter into a contract with the
City of Palm Desert for the work described in this RFP. Since Marks Architects, Inc. is an S-Corp,
both Mr. Clarke and Mr. Marks will sign the agreement.
Item 2A-20
The following response to the RFP emphasizes the fact that the City is requesting a full Not To Exceed
fee proposal, yet the actual scope of work for design, engineering, and construction documents will
not be fully known until well after the agreement is signed and executed. Therefore, we have to
proposed a worst-case scenario with the expectation that virtually everything assessed may be
determined deficient and in need of replacement or repair.
We plan to approach the rehabilitation of the buildings and parking lot from the perspective that
potentially every aspect will require upgrades, and then reduce the list by eliminating the elements
that are deemed suitable to remain as is. We then organize the work by assemblies using the
Construction Specifications Institute’s UniFormat system. That way, each assembly and building or
site element can be described independently from other potentially connecting elements.
Communication with stakeholders is key to maintaining realistic expectations and timely decision
making. All of the personnel at Marks Architects, Inc. are proud of the fact that our prior clients are
repeat clients because they appreciate most our responsiveness and communications.
Our President, Daniel J. Marks AIA, will negotiate Agreement terms and compensation. He can be
reached at 619-702-9448 at our San Diego office or by email at daniel@marksarchitects.com. The
mailing address is below.
We are grateful to the City of Palm Desert for considering our proposal and look forward to
discussing the terms of the agreement with you.
Respectfully,
David W. Clarke Vice
President
Item 2A-21
Marks Architects, Inc., will follow the work breakdown recommendations of the City’s RFP
Specifications and be organized within the four Tasks:
1. Tasks I and II: Provide a comprehensive data collection and analysis of both buildings and
the parking lot for deficiencies. The buildings will be assessed in terms of their energy
performance, and condition of equipment and systems, Title 24 compliance, structural
integrity, water intrusion, solar transmittance, and presence of common hazardous
materials. The tenants will be interviewed to determine desired leased space upgrades
and each lease space will be assessed for necessary repairs and code compliance.
The parking lot will be assessed in terms of accessibility compliance and physical condition
of pavement, sidewalks, and path of travel. We will provide a complete site survey
documenting the entire property including the two buildings and parking, driveways, and
connections to the street and park.
Each discipline will recommend approaches and alternatives for repair, replacement,
redesign, and phasing.
This analysis will be delivered to the City in the form of a report and rough order of
magnitude cost estimate.
Normally, at that point, the Owner and the design team would review options, alternatives,
priorities, and schedule based on funding availability. Then the design team would then
assemble a proposal for the services required based on those decisions and priorities.
In this case, where we are providing a services proposal before we know the full scope of work
require or allowed by available funds, we must assume a “worst-case” condition:
• Full Title 24 compliance requiring replacement of lighting, HVAC equipment, windows,
doors, and the addition of building envelope insulation.
• Lighting and mechanical controls will have to be added incorporating energy efficient
systems including automatic controls like occupancy sensors and smart thermostats.
• The roofs are expected to be reroofed, but we must assume potential roof deck
damage that requires at least partial replacement or repair. We even must be prepared
to replace or repair some roof structure elements.
Item 2A-22
• Changes to existing restrooms will likely require new piping, all fixtures replaced, and
new finishes throughout.
• Although the building appears structurally sound, the possibilities of rust intrusion and
deterioration of structural elements for the stairs and 2nd floor walkways must be
considered and planned in the scope of work.
• We do not anticipate any hazardous materials, but the State requires publicly- owned
buildings demonstrate compliance with air quality standards when demolition of parts
of buildings may be required.
• The existing elevator appears to be well maintained by Otis, but the analysis will
include a full assessment of operations and compliance and may require upgrades.
• Interior tenant upgrades may include complete finishes and casework replacement.
The limited viewing of tenant spaces at the mandatory pre- proposal meeting tour
revealed significantly dated finishes, but a thorough assessment, and preference by
the Owner, may suggest a robust interior materials replacement program.
• Stairs, railings, and communications/way finding clearly require upgrade, but the
extent to of the work involved will not be known until the completion of the assessment.
The scope of work for the design team must consider significant upgrades to all these
areas.
2. Task III will be intensive and thorough. Because the project is so comprehensive, Marks
Architects will keep the scope of work organized by assembly categories as defined by the
Construction Specifications Institute’s UniFormat. UniFormat is a method of arranging
construction information based on functional elements, or parts of a facility characterized
by their functions, without regard to the materials and methods used to accomplish them.
These elements are often referred to as systems or assemblies.
The two buildings and site elements will be kept separate, and the individual tenant spaces
and common spaces will be uniquely identified for clarity.
This task includes preliminary design and engineering followed by a review with City
stakeholders to clearly identify the direction of the scope of work informed by a more
detailed cost estimate (usually referred to as a “Design Development” estimate). Final
design, engineering, and construction documents conclude the task with a cost estimate
update based on the more complete documents.
All designs and engineering will be based on compliance with the codes adopted at the
expected dated of submittal for plan review. This is currently expected to be the 2022
California Codes.
With approval of the completed documents by the City, Marks Architects will submit the
plans to the Authority Having Jurisdiction to obtain a building permit.
Item 2A-23
3. Task IV typically follows a permit approval by the Authority Having Jurisdiction or
may start concurrently “at risk” depending on how urgent the City desires to move
the project forward and start the bidding process.
Marks Architects, Inc. will assist the City with bidding, answering questions,
preparing addenda, and attending meetings as needed. We will also assist the
City with qualification of bidders if allowed by the procurement process.
During construction, the full design team provides clarifications and interpretations
of the construction documents, responses to RFIs, and reviews product, system,
and equipment submittals.
Progress Reports
Throughout the duration of the project, Marks Architects, Inc. will be the City’s liaison to
the full design team providing monthly progress reports including:
• Time related project status via a bar chart schedule
• Physical progress
• Amendment summary history
• Narrative status report
• Graphical comparisons for actual progress vs. earned and planned progress for:
physical percentage of completion, performance (hours completed) and cash flow.
We typically include this type of reporting with each of our monthly invoices.
Schedule
Following is a draft schedule illustrating progress of the Tasks and the phases of work
through design and engineering. With Task I assigned as surveys and assessments, the
design team can overlap some of the feasibility and analysis efforts in order to meet the
expected 10-month design, engineering, and documents schedule.
We propose regular in-person meetings with project stakeholders to review progress and
discuss options and questions.
Possible City Council meeting dates should be programmed in the schedule when they
become available near the times in the schedule when attendance at such meetings is
appropriate.
The duration of planning and building plan review is always unknown but should be
executed prior to bidding so that bidders have approved documents with plan check
corrections included.
The Construction schedule will be determined by the scope of work, but with upgrades to
tenant space that may be occupied, the schedule for work in those spaces will likely have
to be schedule through negotiations with the tenants. Other work may be weather
dependent and schedule accordingly.
Item 2A-24
Task Breakdown
DATA COLLECTION
Document Existing Conditions
CAD Existing Plans
Structural Survey & Assessment
Site Survey
Facility Assets Inventory
Tenant Survey
ADA Compliance Analysis
Repairs Inventory
Hazardous Materials Report
Dept of Rehab Assessment
FEASIBILITY & ALTERNATIVES
Tenant Plan & Priorities
MEPFT Plan Feasibility
ADA Compliance Plan
Repairs Plan & Priorities
Hazmat Action Plan
Dept of Rehap Recommendations PRELIMINARY DESIGN
Concept Design Plan
Constructability Review/Report
Access Control Plan ROM Concept Cost Estimate
City Council Concept Presentation FINAL DESIGN/ENGINEERING
Architectural Design/Documents
Structural Design/Documents
Mechanical Design/Documents
Plumbing Design/Documents
Electrical Design/Documents
Fire Protection Design/Documents
Technology Design/Documents
PLAN CHECK MANAGEMENT
Planning Application & Submittal
Planning Review Responses
Building & Safety Application & Submittal
Building & Safety Responses
Permit Control Management
Item 2A-25
BIDDING & CONSTRUCTION PHASE
Construction Cost Estimate Update
10-Year Building Maintenance Plan
Final City Council Presentation
Bid Instructions Coordination w/ Specs
Pre-Bid Conference
RFI Responses/Subsitutions Review
Bid Addenda
Contractor Qualification Review
Bid Review and Consultation w/ City
CM Estimate Reconciliation
Pre-Construction Conference
Review RFls/Maintain RFI Log
Review Submittals/Maintain Submittal Log
Attend OAC Meetings (36 biweekly mtgs)
Punch List Site Walks (by phase)
11-Month Inspection
Item 2A-26
EXHIBIT "B"
COMPENSATION
THE AMOUNT IS NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY-TWO
THOUSAND FOUR HUNDRED ($1,142,400.00)
Item 2A-27
Item 2A-28
Item 2A-29
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
1
A: COVER LETTER
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications,
include an executive summary of the specific approach which will be used to deliver the work
scope; and identify the individual(s) name, address and phone number authorized to
negotiate Agreement terms and compensation.
RFP Selection Committee
City of Palm Desert
Public Works Department
73510 Fred Waring Drive
Palm Desert, CA 92260
RE: 2022-RFP-144, Parkview Office Complex Engineering and Design Services
Greetings to the RFP Selection Committee:
Marks Architects, Inc., a local Palm Desert Architectural firm, is honored to be able to
offer the City of Palm Desert the enclosed proposal for design services for upgrades to
the Parkview Office Complex at 73710 Fred Waring Drive in Palm Desert.
Our firm was founded by Mr. Daniel Marks AIA in 1995 in San Diego and soon began
offering services in the Coachella Valley. In 2016, Mr. Marks acquired the firm of Urrutia
Architects, which was founded by Francisco J. Urrutia in 1975 in Palm Desert, along with
the long legacy of local Coachella Valley architecture designed by Mr. Urrutia, a
protégée of Mid-Century Modernist Architect, William Cody. Marks Architects now offers
architectural services in Palm Desert and San Diego.
Since 2016, the Coachella Valley office of Marks Architects, Inc. has specialized in
municipal, county, and utility owned buildings and renovations, as well as commercial
offices, medical office and institutional renovations, hospitality renovations, automotive
service buildings, and restaurants. We are a full-service architectural firm offering
feasibility studies, programming, site analysis, entitlement acquisition, concept design, full
design and construction documents for competitive bidding, permit processing, and
construction contract administration. We are proud of our high level of quality and
professionalism in our deliverables. Our documents are clear and understandable and
we spend considerable time checking the work of our subconsultants to ensure
coordination.
The Palm Desert office of Marks Architects, Inc. is led by David Clarke, Principal Architect
and Vice President. Mr. Clarke, a California Licensed Architect since 1990 (No. C21219),
and he is authorized by our company to negotiate agreement terms and compensation
and enter into a contract with the City of Palm Desert for the work described in this RFP.
Since Marks Architects, Inc. is an S-Corp, both Mr. Clarke and Mr. Marks will sign the
agreement.
Item 2A-30
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
2
The following response to the RFP emphasizes the fact that the City is requesting a full Not
To Exceed fee proposal, yet the actual scope of work for design, engineering, and
construction documents will not be fully known until well after the agreement is signed
and executed. Therefore, we have to proposed a worst-case scenario with the
expectation that virtually everything assessed may be determined deficient and in need
of replacement or repair.
We plan to approach the rehabilitation of the buildings and parking lot from the
perspective that potentially every aspect will require upgrades, and then reduce the list
by eliminating the elements that are deemed suitable to remain as is. We then organize
the work by assemblies using the Construction Specifications Institute’s UniFormat system.
That way, each assembly and building or site element can be described independently
from other potentially connecting elements.
Communication with stakeholders is key to maintaining realistic expectations and timely
decision making. All of the personnel at Marks Architects, Inc. are proud of the fact that
our prior clients are repeat clients because they appreciate most our responsiveness and
communications.
Our President, Daniel J. Marks AIA, will negotiate Agreement terms and compensation.
He can be reached at 619-702-9448 at our San Diego office or by email at
daniel@marksarchitects.com. The mailing address is below.
We are grateful to the City of Palm Desert for considering our proposal and look forward
to discussing the terms of the agreement with you.
Respectfully,
David W. Clarke
Vice President
Palm Desert Office:
Marks Architects, Inc.
73121 Fred Waring Drive, Suite 200, Palm Desert, CA 92260
San Diego Office:
Marks Architects, Inc.
2643 4th Avenue, San Diego, CA 92103
Item 2A-31
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
3
B: EXPERIENCE AND TECHNICAL COMPETENCE
1. Background: Provide history of the firm’s consulting experience which specifically
addresses the individual or firm’s experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar
in scope and function to this RFP. Provide a description of the project, client name, and the
name, title, and telephone number of the primary contact person.
Considering the cost of new construction and the time it takes for getting new projects
approved by local authorities, many building owners and investors are choosing to
rehabilitate existing buildings or build out and occupy tenant lease spaces.
Existing building upgrades, especially to new code compliance, take time to develop,
require the resources of many people to contribute information, and tend to be rather
expensive to execute. The impact of deferred maintenance and lack of attention to
climate and energy efficiency in the original design creates an accelerating vortex of
cost when upgrades and repairs are finally considered.
Marks Architects, Inc. has been offering Southern California cities, counties, utilities, and
businesses detailed research and analysis required for the thorough understanding of the
impact and cost of renovations work, assisting our clients with prioritization and decisions,
and then executing complex renovation project through design, documentation,
permitting, and construction administration.
In the past 5 years, Marks Architects executed several standout projects that serve as
examples that are similar in nature to the Palm Desert Parkview Office Complex project.
Colorado River Station, Sheriff’s Station Remodel, Needles, CA, 2022
Currently in progress. Construction expected January 2023 – June 2024.
Client: San Bernardino County, Elsy Banks Project Manager III, 909-387-5000
Cost: (Est) $5,053,000
The San Bernardino County Sheriff’s station in Needles, California is approximately 9,600
s.f. of complete upgrades to an existing building.
At the initial assessment phase, the room configuration, windows, doors, ceilings,
mechanical systems, electrical lighting and power systems and plumbing were all
determined to be obsolete and in need of replacement.
The remodeled plan follows a rigorous programming phase to determine space needs
and priorities to efficiently occupy the space available within the existing masonry shell
and maintaining the roof structure intact.
Marks Architects, Inc. and the subconsultant engineering team provided existing
conditions documentation, including a site survey, underground utility location,
geotechnical study, structural assessment, full building as-builts, emergency generator
assessment, and landscaping evaluation.
The design services included programming, space planning, project scheduling, design
development, construction documents, cost estimating, plan check processing, bidding,
and construction contract administration.
Item 2A-32
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
4
Original building plan for demolition. New floor plan layout for remodeling.
The existing building is 1970s fluted concrete block shell with a flat roof.
Item 2A-33
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
5
The existing building shell suffered extensive water damage from poorly maintained
landscape irrigation. Repairs to the shell were in addition to the interior remodeling.
Item 2A-34
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
6
SunLine Transit Authority, Office Tenant Improvement, Indio, CA 2019
Completed.
Client: SunLine Transit Authority, Jesse Frescas Owner Representative, 626-705-4720
Cost: $700,000
Although the existing long narrow shell space totaled only 2,000 s.f., this area is a critical
function for SunLine staff reporting to work each day; checking in, storing personal
property, obtaining assignments and training. The space also included restrooms and a
break room.
Marks Architects, Inc. and the subconsultant engineering team provided existing
conditions documentation including full building as-builts and mechanical, electrical,
and plumbing assessments.
The design services included space planning, project scheduling, design development,
construction documents, cost estimating, and construction contract administration. The
project was exempt from plan check review and the Owner’s representative managed
the bidding phase.
Materials were chosen for durability yet bright and cheerful with SunLine branding. The
mechanical system was replaced and new lighting and plumbing provided. A fire
separation wall was maintained per code on an adjoining wall.
Item 2A-35
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
7
Item 2A-36
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
8
Palms to Pines Commercial Building Renovations, Palm Desert, CA 2019
Planning Approved.
Client: Cedar Realty Group, Javier Serhan Owner, 858-454-7755
Cost: (Est) $500,000
Studies and designs for changes to the exterior facades and roof for a commercial
building. The goal was to update the shopping center’s branding to attract new tenants.
72608 El Paseo
This proposal was for an ambitious change to remove the colonnade and modernize the
two side towers and facades.
Marks Architects, Inc. provided existing conditions documentation of the building
as-builts, design, and representation through the planning approval process. The
design was presented and approved by the City of Palm Desert in 2019.
Existing building.
Proposed elevation.
Item 2A-37
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
9
City of Palm Springs Police Department, Palm Springs, CA 2016-2018
Completed.
Client: City of Palm Springs, Marcus Fuller, Assistant City Manager, 760-322-8380
Cost: $4,323,419
The Police Department upgraded four areas;
Public Lobby and Records Office
Detective Bureau
Training Center
Locker Rooms
The scope of work for each area involved changes to or replacement of finishes, fixtures,
casework, lighting, power, data, and accommodation for City provided furniture and
equipment. Every area also had one or more additions to the architect’s and engineers’
scopes of work expanding to additional offices, and other spaces not originally included
in the contract.
Marks Architects, Inc. and the subconsultant engineering team provided existing
conditions documentation, including a site survey, structural, mechanical, electrical, and
plumbing assessment, and as-builts of the affected areas.
The design services included programming, space planning, project scheduling, design
development, construction documents, cost estimating, plan check processing, bidding,
and construction contract administration.
Item 2A-38
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
10
PALM SPRINGS POLICE DEPARTMENT LOBBY & RECORDS DEPARTMENT
Item 2A-39
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
11
PALM SPRINGS POLICE DEPARTMENT TRAINING CENTER
Item 2A-40
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
12
PALM SPRINGS POLICE DEPARTMENT DETECTIVE BUREAU
Item 2A-41
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
13
PALM SPRINGS POLICE DEPARTMENT RESTROOMS & LOCKER ROOMS
Item 2A-42
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
14
PALM SPRINGS POLICE DEPARTMENT REMODEL SERVICE QUALITY
• Responsiveness and attentiveness to client needs
During design, Marks Architects and representatives from the City administration and the Police
Department worked collaboratively to develop functional layouts, color and material schemes,
and lighting quality, all the while maintaining the budget. During construction, Marks Architects
assisted the City with challenges created by an initial deficient contractor. As a team, the client
and the design professionals remained diligent in enforcing the City’s high standards for
construction quality. Marks Architects was always ready to attend impromptu site visits and
conference calls to assist the City of Palm Springs.
• Knowledge and understanding of the latest architectural and construction trends
Technology to support Police Station design and operations is constantly changing, so Marks
Architects worked closely with the client to determine what materials and technology was needed
in this project and how it fit in the budget priorities, advised the client on new emerging trends
regarding security, active shooter containment and prevention, blast resistance, sound privacy,
reporting protocols, and public access. Marks Architects seamlessly blended the technology with
a stress reducing, respectful, professional, and durable finish material pallet.
• Creative design
Design remodels always have to be highly creative in reusing existing conditions and making
them better than before. During construction, the Police station had to remain fully operational.
Marks Architects provided a phasing and relocation plans to assist a smooth transition to
temporary spaces and then back to the finished remodeled spaces with a goal to minimize
disruption of Police operations and public access and maintain safety to all occupants.
• Green building & sustainable design implementation
The City had no active sustainable project goals, but Marks Architects evaluated, selected and
specified all materials and products based on carbon footprint, manufacturing impact, and impact
to the interior environment including off-gassing and microbial resistance.
• Sensitivity to funding constraints
Any public project, whether funded directly from tax dollars or also including federal grants or
private donations, has funding constraints and Marks Architects is always sensitive to that. The
design incorporated as much fixed infrastructure as possible to limit expensive plumbing and
mechanical systems. The finish materials were selected specifically because they looked “high-
end” but had a very modest actual cost, and cost control measures brought the project in budget.
• Analysis of a complex situations or a challenging problem encountered
The biggest challenge was the initial contractor who failed to properly staff and schedule the
construction work. Marks Architects included, at the client’s request, special conditions of the
contract in the project manual that required liquidated damages for late delivery of the project.
That is usually a strong incentive for the contractor to stay on schedule, but it does not address
poor craftsmanship and lack of conformance to the approved construction documents. So, in
addition, we offered fair industry standard procedures for the contractor to correct deficient work
at no additional cost to the City. Unfortunately, the contractor chose to abandon the project. Marks
Architects spent considerable additional time assisting the City in determining the scope of the
deficient work and hiring another contractor to complete the project.
Item 2A-43
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Request for Proposals – 2022-RFP-144
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Arrowhead Regional Medical Center, Colton, CA
Nearly 40 projects completed.
Client: San Bernardino County
Deval Shah (909-387-5000) & Michael Maynard (909-693-0220), Project Managers
Cost: Varies
Over the past five years, Marks Architects, Inc. has executed close to 40 projects at the
hospital involving renovations of patient care and waiting areas, equipment
replacements, and ADA upgrades. Arrowhead Regional Medical is the largest and most
active publicly owned hospital in Southern California and is fully operational 24/7. All
projects are regulated, reviewed, permitted, and inspected by the California
Department of Health Care Access and Information (HCAI, formerly OSHPD). Every
project must be compliant with the most current California Building Codes.
For each project, the spaces and the accessibility, mechanical and electrical systems
were analyzed and documented in detail. Many projects have a formal feasibility
assessment phase to evaluate the capability of the designated space to be upgraded
to meet the project requirements and to define the full scope of work required and a
Rough Order of Magnitude (ROM) cost estimate for budgeting the funds for the work.
Below is a partial list of the most current project assessments and renovation projects:
Telemetry Location Study
A study to determine the scope of work and ROM cost for replacing 51 bed-side wall-mounted
patient monitors. The assessment evaluated the impact of adding structural support backing in
the walls and power and data connections.
CT Scanner Acquisition Study
A study of an existing room within the Radiology Department to assess the suitability of installing a
new CT Scanner. The assessment and ROM cost analysis included mechanical, electrical,
plumbing, structural and architectural evaluation of existing compliance and upgrades needed
for compliance.
Mobile MRI Study
A study of the placement, use, and compliance of a temporary MRI trailer while one of the
hospital’s MRI scanners is being replaced. The assessment and ROM cost estimate included
placement of and turning radii for the truck delivering and retrieving the trailer, demolition of
existing site amenities, lighting, and storm drainage, adding power and sewer for the trailer,
ventilation requirements for an enclosed temporary passage between the hospital building and
the temporary trailer, and structural impact and preliminary design of a support slab.
Mobile SPD Study
A study of the placement, use, and compliance of a temporary Sterile Processing Unit trailer while
the Sterile Processing Department (SPD) in the hospital is being renovated. The assessment and
rough order of magnitude cost estimate included trailer placement, power and plumbing
requirements for the trailer, the design of a temporary enclosed access platform between the
hospital and trailer. and accessibility, ventilation and lighting requirements for that platform. The
study also included an operations plan for how the SPD would continue to function 24/7 during
the department’s renovations.
Item 2A-44
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October 26, 2022
16
Elevator Modernization
Evaluation and renovation of 6 hospital elevators for new operating and safety controls,
electronics, lighting, finishes, and infant security system installation.
Seismic Portal Flooring Replacement Study
Due to no existing documentation, this study involved invasive investigation of 25 passageways
across seismic joints, “Seismic Portals,” to determine how they were assembled and how the floors
could be replaced because of severe wear and tear over the intervening 20 years. The study
involved both architectural and structural analysis and proposed a design for floor replacement.
Griddle Upgrade
The project involved the replacement of cooking equipment, serving counters, and fire
suppression system in the kitchen Grill area. The project required the study of the capacity of the
existing hood grease duct, exhaust fans, and make-up air. Determining that exhaust system was
completely maximized in its use, the hood had to remain but the food delivery capacity had to
double to meet demand. New equipment and layout made that possible.
Central Plant Catwalk Extension
The study and design of an extension of the service catwalk to access boiler pipe valves. Largely
a structural analysis because the new platform had to be supported by and braced against the
existing building roof structure.
Sterile Processing Department Renovations
This project replaced existing sterile washers, sinks, and irrigation equipment with associated
plumbing and power upgrades, flooring replacement, air rebalancing of the area, and
replacement of the wall between the sterile and contaminated areas of the department.
Behavioral Health Ligature Risk Upgrades
The Joint Commission required upgrades of interior doors, door hardware, and plumbing fixtures
in the patient areas to protect patients from ligature potential. The new door hardware required
the replacement of almost all of the interior doors to patient rooms.
Seismic Anchor Dispensing Cabinets
This project involved the initial study of the replacement of 30 medicine dispensing cabinets. Each
one is about the size of a large capacity washing machine and must be structurally anchored to
the floor. Many locations were determined to be incapable of accommodating the replacements
due to accessibility or space challenges, so the project scope resulted in 12 locations with 20
individual pieces of equipment to be installed. Each location had to be documented to ensure
the anchors would fit. The project also included accommodating power and data for each unit.
The diversity of all of these studies and projects demonstrates the capability of Marks
Architects Inc. to take on challenging problems and find unique, functional, and
permittable solutions in an environment where patient care is around the clock, sterile
conditions must be maintained at all times, and designs adhere to strict codes to protect
the health, safety, and welfare of everyone entering the hospital.
Each project is funded with public money, so budgets must be maintained with strict
documentation submitted monthly to San Bernardino County.
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Client references with addresses and telephone numbers:
City of Palm Springs
Marcus Fuller, Assistant City Manager
P.O. Box 2743
Palm Springs, CA 92263-2743
760.322.8380 | marcus.fuller@palmspringsca.gov
Mike Lytar, Associate Civil Engineer
P.O. Box 2743
Palm Springs, CA 92263-2743
760.902.4861 | mike.lytar@palmspringsca.gov
SunLine Transit Agency
Jesse Frescas, Owner’s Representative
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
760.343.3456 | jfrescas@sunline.org
Rudy LeFlore, Project Manager
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
562.696.6996 | rleflore@sunline.org
San Bernardino County
Deval Shah, Project Manager III
Project & Facilities Management Department
385 N. Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0184
909.387.5000 | devalkumar.shah@res.sbcounty.gov
Michael Maynard, Project Manager III
Project & Facilities Management Department
385 N. Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0184
909.387.5000 | michael.maynard@res.sbcounty.gov
San Bernardino County Sheriff’s Department
Joe Cordero, Facilities Director
655 East Third Street
San Bernardino, CA 92415-0061
jcordero@sbcsd.org
Kenny Hansen, Facility Project Manager
655 East Third Street
San Bernardino, CA 92415-0061
909.387.0374 | khansen@sbcsd.org
Item 2A-46
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C: FIRM STAFFING AND KEY PERSONNEL
1. Staffing: Provide the number of staff to be assigned to perform the Services and the
names/discipline/job title of each as well as your firm’s capacity to provide additional
personnel as needed.
2. Key Personnel: Identify key persons that will be principally responsible for working with the
City. Indicate the role and responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and
responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted
and identify the subcontractor that is anticipated to perform each function.
Marks Architects, Inc. staff on the City of Palm Desert Parkview Office Complex include
the following assignments:
Daniel J. Marks, President
Mr. Marks is the primary representative for the firm and makes all agreement negotiations,
and legal, financial, and strategic decisions. His role on this project is to provide expert
advice, oversight and firm leadership.
David W. Clarke, Vice-president
Mr. Clarke is the Principal Architect in Charge of this project. He will be the Key Personnel
responsible for working directly with City staff and the primary contact on the project. Mr.
Clarke provides quality control, project team leadership, and will be sealing and signing
the instruments of service including assessment reports, construction drawings and
specifications. During the construction phase, Mr. Clarke will review submittals, respond
to RFIs, and provide on-site observation services.
Gabriela Marks, Vice-president
As a Certified Accessibility Specialist, Mrs. Marks will provide guidance on all accessibility
designs and compliance, and as a LEED Accredited Professional she will review
assessment recommendations related to energy efficiency and water conservation as
they relate to overall building performance.
Hector Castro, Senior Project Manager
Mr. Castro will provide daily support to Mr. Clarke, coordinate subconsultants, and
manage the preparation of document deliverables to the City. During the plan check
and construction phases, Mr. Castro will manage plan check comments and responses,
submittals, and RFI logs.
Both the Palm Desert office and the San Diego office frequently collaborate to ensure
project deadlines are met. We are all one team working toward the same goal:
Exceeding our clients’ expectations.
Item 2A-47
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Request for Proposals – 2022-RFP-144
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Daniel J. Marks AIA
Principal Architect/President/Owner
Marks Architects, Inc. (San Diego)
Gabriela Marks
Principal Architect/Vice President
Marks Architects – San Diego
Staff:
All staff for this project will be provided
through the Palm Desert office.
David Clarke
Principal Architect/Vice President
Marks Architects – Palm Desert
Staff:
Hector Castro
Senior Project Manager
Subconsultants
(To be contracted for this project)
Tang Structural Engineers, Inc.
Che Tang, Structural Engineer
IMEG Corp.
Kerry Parker, Principal in Charge
Daphne Huang, Sr. Mechanical Engineer
Nestor Ignacio, Electrical Engineer
Scott Threw, Plumbing Designer
Brian Williams, Sr. Fire Protection Designer
Darrin Harres, Technology Design Engineer
John Pfeifer, Land Surveyor
Christopher Daniels, Land Surveyor
Iskander Associates, Inc.
Iskander Abdulla
Cost Estimating
Terracon
Danish Mansoor, Sr. Industrial Hygienist
Hazardous Materials Consulting
Allegion
James St. Pierre AHC
Doors, Hardware, Access & Security
Subconsultants
All subconsultants for this project will be
provided through the Palm Desert office.
Item 2A-48
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Request for Proposals – 2022-RFP-144
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Daniel J. Marks, President
Architect
Mr. Marks founded Marks Architects in 1995 with the goal
of leading a team encouraging progressive thinking and
professional development.
Mr. Marks has been a California Licensed Architect for
26 years, with extensive experience in commercial
architecture.
PROFESSIONAL REGISTRATIONS
National Council of Architectural Registration (NCARB)
Licensed to practice in California, Arizona, Utah, and Texas
PROFESSIONAL AFFILIATIONS
Construction Specification Institute – San Diego
International Conference of Building Official
EDUCATION
Virginia Polytechnic Institute & State University – Blacksburg Virginia
Bachelor of Architecture
5 year professional degree
2 year internship Skidmore, Owings & Merrill, Chicago, IL
Graduated 1988
FOUNDATION
Skidmore, Owings & Merrill
Chicago, IL 1986-1991
Intern Architect
Hope Architects and Engineers
San Diego CA 1988-1991
Associate Architect
RELEVANT EXPERIENCE
Marks Architects successfully delivers over 100 commercial projects every year. We pride
ourselves on maintaining long-term relationships with our clients and being team
members with the construction and development partners.
Item 2A-49
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David W. Clarke, Vice-president
Architect
Mr. Clarke has been a California Licensed Architect
for 32 years, with experience also in several other
states. He owned and operated architectural firms in
New Mexico and Arizona. Now, he leads the Marks
Architects office in Palm Desert.
PROFESSIONAL REGISTRATIONS
California Architect License - No. C-21219, 1990
NCARB Certificate No. 55754, 2002
EDUCATION
Master of Art in Architecture, UCLA 1990
Bachelor of Architecture, University of Oregon 1984
PROFESSIONAL EXPERIENCE
Marks Architects, Inc., Palm Desert, CA 2018 – Present
Williams Design Group, Inc., Las Cruces, NM 2010 – 2018
David W. Clarke, Architect LLC, Las Cruces, NM 2009 – 2015
Peterson Architects, (PHX Architects), Scottsdale, AZ 2008 – 2009
Mountain Sun Architecture, Ruidoso/Alto, NM 2000 – 2008
The University of Texas, San Antonio, TX 1995 – 2000 (Full-time teaching Architecture)
Kansas State University, Manhattan, KS 1990-1995 (Full-time teaching Architecture)
Escudero-Fribourg Architects, Los Angeles, CA 1988 - 1990
U.S. Peace Corps, Montserrat, BWI, 1985 – 1987
Goody Clancy & Associates, Boston, MA 1984 – 1985
RELEVANT EXPERIENCE
With 38 years of total work experience in Architecture, Mr. Clarke has designed and
managed hundreds of commercial office renovations and new construction. Recent
and relevant completed public project experience includes:
San Bernardino County Colorado River Station Remodel, Needles, CA 2021
City of Palm Springs parks restroom replacements, Palm Springs, CA, 2021
SunLine Transit Agency West Coast Center of Excellence, Thousand Palms, CA, 2020
SunLine Transit Agency Indio Offices, Indio, CA, 2019
Palms To Pines Shopping Center Rehabilitation/Remodel, Palm Desert, CA 2019
City of Las Cruces Convention Center Expansion, Las Cruces, NM, 2017-2018
New Mexico State Police District 3 HQ Addition & Remodel, Roswell, NM, 2017 - 2018
City of Las Cruces Public Safety Complex, Las Cruces, NM, 2012 – 2017
Additionally, Mr. Clarke has extensive experience with hospitals and medical offices,
hotels and restaurants, public school and university facilities, municipal maintenance
facilities, and public safety services buildings.
Item 2A-50
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Request for Proposals – 2022-RFP-144
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22
Gabriela Marks, Vice-president
Architect
Mrs. Marks has been the lead Architect at Marks Architects
for 25 years and a licensed Architect for 14 years. With
extensive commercial architecture experience and building
code knowledge,
PROFESSIONAL REGISTRATIONS
Licensed to practice in California, Utah, and Colorado
CASp Inspector
Leed Accredited
EDUCATION
Bachelor of Architecture
RELEVANT EXPERIENCE
Design and project management of hundreds of commercial projects in California and
other states, specializing in retail, hospitality, entertainment, and food service. We
understand the challenges of designing and permitting projects of all sizes, providing
high-quality and creative design and services to our clients.
Mrs. Marks is also an Accessibility expert (CASp) and Leed Accredited.
Item 2A-51
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Hector Castro, Senior Project
Manager
Mr. Castro has been a critical team member and
Senior Project Manager at Marks Architects for 15
years through its evolution from Urrutia Architects and
Urrutia Marks Architects. His primary project
management responsibilities, include design research,
construction documents production and quality
control, subconsultant coordination, construction
phase project administration, and client experience
management.
PROFESSIONAL REGISTRATIONS
NCARB Candidate ID number: 66143
EDUCATION
Sinaloa State Autonomous University – School of Architecture - Culiacan City, Sinaloa
State, Mexico
Bachelor of Science in Architecture degree, 1999
PROFESSIONAL EXPERIENCE
Urrutia Architects, Palm Springs, CA 2007-2016
Marks Architects, Palm Desert, CA 2016 – Present
RELEVANT EXPERIENCE
Detail oriented and highly professional, Mr. Castro is skilled at managing multiple aspects
of a job and seeing tasks through to successful completion. He takes full responsibility to
ensure the highest quality work, while creating strong, productive relationships to optimize
teamwork. Mr. Castro’s recent relevant project experience includes:
Colorado River Station Remodel, Needles, CA 2022
Valvoline Instant Oil Change, Martinez, CA – Renovation of existing building, 2022
Valvoline Instant Oil Change, Ontario, CA – Renovation of existing building, 2021
Valvoline Instant Oil Change, Ocean Beach, CA – Renovation of existing building, 2021
SunLine Transit Agency West Coast Center of Excellence, Thousand Palms, CA, 2020
SunLine Transit Agency Indio Offices, Indio, CA, 2019
Clinicas de Salud del Pueblo, Coachella, CA - Renovation of existing building, 2017.
City of Palm Springs Police Department Remodel - Renovation of existing building, 2016
Urology Medical Offices Remodel & TI’s for Dr. Lance P. Walsh, Rancho Mirage, CA, 2013
Eisenhower Medical Center – Palm Springs Health Center – Architectural Interior design within
existing shell building, 2010
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The sub-consulting services required even for buildings that are in relatively good shape
are vast. Specialists must be hired just to evaluate whether or not the existing systems and
construction need to be included in the scope of renovations work. We team with the
best subconsultants and have worked with the same team for many years.
Subconsultants
Engineering Specialty Sub-Consultant
Environmental Terracon
9123 Chesapeake Drive, San Diego, CA 92123 | 310-972-0668
Doors & Hardware
Access & Security Allegion PLC
San Diego, CA | 317-646-3302
Structural
Tang Structural Engineers, Inc.
7950 Cherry Ave., Ste 114, Fontana, CA 92336 | 909-429-0450
Mechanical
Electrical
Plumbing
Fire Protection
Technology
Surveying
IMEG Corporation
901 Via Piemonte, Ste 400, Ontario, CA 91764 | 909-942-5541
Cost Estimating Iskander Associates, Inc.
600 N. Tustin Avenue, Suite 130, Santa Ana, CA 92705 | 714-544-4214
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Item 2A-55
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At Allegion, we help keep people safe and secure where they live, learn, work and visit.
With more than 30 brands sold across the globe, we specialize in security around the
doorway and beyond: everything from residential and commercial locks, door closer
and exit devices, steel doors and frames to access control and workforce productivity
systems.
At the core of our $2.9 billion business is the knowledge and experience of the 12,000+
dedicated employees behind our brands. We help our customers navigate their toughest
security challenges, and we help builders and property owners differentiate themselves
by providing innovative and secure solutions. Operational excellence is a key part of
what we do for our customers, and is a focus for our employees. Our trained specification
writers and experts not only help our customers adhere to codes and standards – we help
advocate for and raise those security standards in the first place, in markets around the
world.
While mechanical hardware is the foundation of our business and will always be at the
core of what we do, we recognize that the future of the security industry lies in addressing
the needs of an increasingly connected world. Electronic solutions don’t replace our
mechanical products – they make them more powerful. That’s why our core strength in
mechanical security, when combined with digital, mobile and interconnected electronic
solutions – and our expertise in style and design – makes us a leader in our markets.
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PROFESSIONAL STATEMENT
Tang Structural Engineers, Inc. was formed in July of 2004 in Fontana, California. The firm
is innovative and creative while listening to the needs of the Owner, Architect, and
Contractor. The firm approaches structural design with open minds, common sense, and
years of experience. We always look for economic creative structural systems. Our
objectives are to provide quality structural engineering services on time and on budget
to both private and public sector clients in California.
PRINCIPAL ENGINEER: CHE TANG
For the first 2 years after graduation, Che Tang, was designing light gauge steel structures
for residential and commercial and storage facilities. In 1994, he joined Knapp
Architectural Engineers Company and served as a design engineer alongside Leonard
C. Knapp, Principal Engineer. Che acquired his structural engineer license in 1999, and
joined with Len Knapp as a partner on February 2001. Che is a hands-on person with
excellent knowledge of structural systems and building codes. He has worked on many
municipal projects, custom houses, commercial buildings, and hospitals.
EDUCATION
BSCE degree, California State Polytechnic University, Pomona, 1992.
LICENSE
Structural Engineer in California, SE4433
Professional Engineer in California, CE56177
MEMBERSHIP
Southern California Structural Engineering Association
ACI
American Society of Civil Engineers
PAST AND ON-GOING PROJECTS
Palm Springs Fire Station #4; Renovation & upgrade of existing 5,500 s.f. fire station with
3,000 s.f. addition
JFK Memorial Hospital in Indio, CA; Expansion and remodeling existing emergency
department, renovate administration building, add pump house and chiller building
Colorado River Station Remodel (with Marks Architects), Needles, CA
Tang Structural Engineers, Inc. Che Tang
7950 Cherry Ave., Suite 114 Principal Engineer
Fontana, CA 92336
Office Phone 909.429.0450
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Putting People at the Center of Innovation
With a history that dates back over 100 years, IMEG Corp. grew from several firms coming
together under one uniting vision: people-centered engineering. As a national
engineering and design consulting company we’ve intentionally localized our focus to
serve carefully chosen regions and markets, allowing us to put relationships and
communities first, without sacrificing expertise.
Our specialties are high-performing building systems, infrastructure, program
management and construction-related services, but our secret to success is found in our
deep bench of 1,800 team members. For us, people-centered engineering is about more
than the people we serve — it’s representative of the engaged employee culture we’ve
worked hard to create. We believe in investing in our people and their professional futures
through continuous training, community involvement and the ability to develop a niche
specialty.
After all, that’s the whole reason we’re drawn to people-centered engineering: everyone
wins. By utilizing a collaborative project approach that values our local relationships,
national resources, and employee engagement, we’re able to produce high-caliber
work through high-quality processes driven by our ONE IMEG culture.
Collaborative, Local Design Partners
IMEG engineers have a long track record of helping public institutions create facilities
that are safe, secure, flexible, reliable, redundant and energy efficient. We have
engineered nearly every type of municipal government facility, from administrative
offices, maintenance facilities, public works, police, fire and village halls, to maintenance
facilities, jails, transportation centers, parking ramps, waste and water treatment facilities,
parks, zoos, and more. Our municipal work includes small and large scale projects, both
renovation and new construction.
Market Sector
Top 25 (#21) Government Sector Engineering Firm in the U.S
250+ clients (city, county, state)
3,500+ projects with $25 billion in construction value
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Item 2A-66
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Iskander Associates, Inc. is a California-based construction cost estimating and
scheduling firm. In business since 1988, we maintain a talented pool of certified staff and
independent consultants allowing the flexibility and combined experience required to
meet the needs of our nearly 300 completed projects state-wide. Among them are scores
of public projects of ranging in size from small school modernizations to large state office
buildings and prison facilities, along with historical renovations, seismic retrofits, and
complete building rehabilitation.
Our firm has built a reputation throughout the state for accurate and timely work. This has
afforded us the honor of working with the State of California. We believe that our
combined experience, diversity and technology allow us to bring your project the best
services available
Iskander A.R. Abdulla
Iskander A.R. Abdulla has more than thirty years of experience in the coordination,
administration, management of construction projects in the United States and
overseas. In addition to his experience in Quantity Surveying, Mr. Abdulla has
participated in Value Engineering, Cost Estimating and Cost Management on many
projects. Mr. Abdulla is a civil engineer and also a lecturer on Advanced Estimating and
Bidding at California State University in Long Beach. Mr. Abdulla has a Nevada General
contractor's license.
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D. PROPOSED METHOD TO ACCOMPLISH THE WORK
1. Describe the technical and management approach to providing the Services to the City.
Proposer should take into account the scope of the Services, and general functions required.
Include a draft first year schedule of tasks, milestones, and deliverables that will provide for
timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to
the City’s attention within the discussion of its proposed method to accomplish the work.
Marks Architects, Inc., will follow the work breakdown recommendations of the City’s RFP
Specifications and be organized within the four Tasks:
1. Tasks I and II: Provide a comprehensive data collection and analysis of both
buildings and the parking lot for deficiencies. The buildings will be assessed in terms
of their energy performance, and condition of equipment and systems, Title 24
compliance, structural integrity, water intrusion, solar transmittance, and presence
of common hazardous materials. The tenants will be interviewed to determine
desired leased space upgrades and each lease space will be assessed for
necessary repairs and code compliance.
The parking lot will be assessed in terms of accessibility compliance and physical
condition of pavement, sidewalks, and path of travel. We will provide a complete
site survey documenting the entire property including the two buildings and
parking, driveways, and connections to the street and park.
Each discipline will recommend approaches and alternatives for repair,
replacement, redesign, and phasing.
This analysis will be delivered to the City in the form of a report and rough order of
magnitude cost estimate.
Normally, at that point, the Owner and the design team would review options,
alternatives, priorities and schedule based on funding availability. Then the design
team would then assemble a proposal for the services required based on those
decisions and priorities.
In this case, where we are providing a services proposal before we know the full scope
of work require or allowed by available funds, we have to assume a “worst-case”
condition:
Full Title 24 compliance requiring replacement of lighting, HVAC equipment,
windows, doors, and the addition of building envelope insulation.
Lighting and mechanical controls will have to be added incorporating energy
efficient systems including automatic controls like occupancy sensors and
smart thermostats.
The roofs are expected to be reroofed, but we have to assume potential roof
deck damage that requires at least partial replacement or repair. We even
have to be prepared to replace or repair some roof structure elements.
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Changes to existing restrooms will likely require new piping, all fixtures replaced,
and new finishes throughout.
Although the building appears structurally sound, the possibilities of rust
intrusion and deterioration of structural elements for the stairs and 2nd floor
walkways must be considered and planned in the scope of work.
We do not anticipate any hazardous materials, but the State requires publicly-
owned buildings demonstrate compliance with air quality standards when
demolition of parts of buildings may be required.
The existing elevator appears to be well maintained by Otis, but the analysis
will include a full assessment of operations and compliance and may require
upgrades.
Interior tenant upgrades may include complete finishes and casework
replacement. The limited viewing of tenant spaces at the mandatory pre-
proposal meeting tour revealed significantly dated finishes, but a thorough
assessment, and preference by the Owner, may suggest a robust interior
materials replacement program.
Stairs, railings, and communications/way finding clearly require upgrade, but
the extent to of the work involved will not be know until the completion of the
assessment. The scope of work for the design team must consider significant
upgrades to all these areas.
2. Task III will be intensive and thorough. Because the project is so comprehensive,
Marks Architects will keep the scope of work organized by assembly categories as
defined by the Construction Specifications Institute’s UniFormat. UniFormat is a
method of arranging construction information based on functional elements, or
parts of a facility characterized by their functions, without regard to the materials
and methods used to accomplish them. These elements are often referred to as
systems or assemblies.
The two buildings and site elements will be kept separate, and the individual
tenant spaces and common spaces will be uniquely identified for clarity.
This task includes preliminary design and engineering followed by a review with
City stakeholders to clearly identify the direction of the scope of work informed by
a more detailed cost estimate (usually referred to as a “Design Development”
estimate). Final design, engineering, and construction documents conclude the
task with a cost estimate update based on the more complete documents.
All designs and engineering will be based on compliance with the codes adopted
at the expected dated of submittal for plan review. This is currently expected to
be the 2022 California Codes.
With approval of the completed documents by the City, Marks Architects will
submit the plans to the Authority Having Jurisdiction to obtain a building permit.
Item 2A-69
City of Palm Desert
Request for Proposals – 2022-RFP-144
Parkview Office Complex Engineering and Design Services
October 26, 2022
41
3. Task IV typically follows a permit approval by the Authority Having Jurisdiction, or
may start concurrently “at risk” depending on how urgent the City desires to move
the project forward and start the bidding process.
Marks Architects, Inc. will assist the City with bidding, answering questions,
preparing addenda, and attending meetings as needed. We will also assist the
City with qualification of bidders if allowed by the procurement process.
During construction, the full design team provides clarifications and interpretations
of the construction documents, responses to RFIs, and reviews product, system,
and equipment submittals.
Progress Reports
Throughout the duration of the project, Marks Architects, Inc. will be the City’s liaison to
the full design team providing monthly progress reports including:
Time related project status via a bar chart schedule
Physical progress
Amendment summary history
Narrative status report
Graphical comparisons for actual progress vs. earned and planned progress for:
physical percentage of completion, performance (hours completed) and cash
flow. We typically include this type of reporting with each of our monthly invoices.
Schedule
Following is a draft schedule illustrating progress of the Tasks and the phases of work
through design and engineering. With Task I assigned as surveys and assessments, the
design team can overlap some of the feasibility and analysis efforts in order to meet the
expected 10-month design, engineering, and documents schedule.
We propose regular in-person meetings with project stakeholders to review progress and
discuss options and questions.
Possible City Council meeting dates should be programmed in the schedule when they
become available near the times in the schedule when attendance at such meetings is
appropriate.
The duration of planning and building plan review is always unknown, but should be
executed prior to bidding so that bidders have approved documents with plan check
corrections included.
The Construction schedule will be determined by the scope of work, but with upgrades
to tenant space that may be occupied, the schedule for work in those spaces will likely
have to be schedule through negotiations with the tenants. Other work may be weather
dependent and schedule accordingly.
Item 2A-70
CITY OF PALM DESERT73‐510 FRED WARING DRIVEPALM DESERT, CA 92260PARKVIEW OFFICE COMPLEX REMODEL PROJECT SCHEDULE10/25/2022MARKS ARCHITECTS, INC.73121 FRED WARING DRIVE, SUITE 200PALM DESERT, CA 92260TASK11/30/202212/2/202212/9/202212/16/202212/23/202212/30/20221/6/20231/13/20231/20/20231/27/20232/3/20232/10/20232/17/20232/24/20233/3/20233/10/20233/17/20233/24/20233/31/20234/7/20234/14/20234/21/20234/28/20235/5/20235/12/20235/19/20235/26/20236/2/20236/9/20236/16/20236/23/20236/30/20237/7/20237/14/20237/21/20237/28/20238/4/20238/11/20238/18/20238/25/20239/1/20239/8/20239/15/20239/22/20239/29/202310/2/2023WEEK 1WEEK 2WEEK 3WEEK 4WEEK 5WEEK 6WEEK 7WEEK 8WEEK 9WEEK 10WEEK 10 CONTRACT PREPARATIONAGREEMENT EXECUTIONI TENANT SURVEY & HAZARDOUS MATERIALS ASSESSMENTKICK OFF MEETING - PLAN PRIORITIES & SCHEDULETENANT SURVEY & REPORTHAZARDOUS MATERIALS ASSESSMENT & REPORTSITE SURVEYEXISTING MATERIALS/ASSEMBLIES/SYSTEMS ASSESSMENTSUBMIT TENANT SURVEY REPORT & HAZMAT REPORTREVIEW ASSESSMENT REPORT W/ CITYII PRELIMINARY DESIGN PLANNING, CONCEPTS, ROM ESTSCOPE DEVELOPMENTARCHITECTURAL CONCEPTS & NARRATIVE OPTIONSENGINEERING REVIEW & NARRATIVE OPTIONSCONSTRUCTION FEASIBILITY & TENANT IMPACT ANALYSISPOTENTIAL ENVIRONMENTAL IMPACTSPHASING ANALYSIS & CONCEPTSROM CONCEPTUAL COSTSREVIEW ALTERNATIVES W/ CITYPRELIMINARY DESIGNSUBMIT PRELIMINARY DESIGN TO CITYCITY REVIEW W/ MEETING FOLLOWUPIII CONSTRUCTION DOCUMENTSCONSTRUCTION DOCUMENTS & ENGINEERINGSUBMIT FINAL DOCUMENTS TO CITY FOR REVIEWFINAL COST ESTIMATECITY REVIEW W/ MEETING FOLLOWUPPICK UP CITY COMMENTS ON FINAL DOCUMENTSPLAN REVIEW SUBMIT APPLICATIONS & DOCUMENTSPLAN REVIEW - PLANNING & BUILDINGRESPOND TO COMMENTS AS REQUIREDIV BIDDING AND CONSTRUCTION SUPPORTADVERTISEMENTPRE-BID CONFERENCEBIDDINGBIDS DUEEVALUATION OF BIDSNOTICE OF INTENT TO AWARDCONTRACT PREPARATIONPRE-CONSTRUCTION CONFERENCENOTICE TO PROCEEDCONSTRUCTION PROGRESSPUNCH LIST & SUBSTANTIAL COMPLETIONFINAL PUNCH LISTCLOSEOUT & FINAL PAYMENTCONSTRUCTION SCHEDULE FOR EACH PHASEBIDDING & CONSTRUCTION CONTRACT CONSTRUCTIONMAYCITY OF PALM DESERTREVIEWDURATION TBDPLAN REVIEWAPRIL JUNEJANUARY FEBRUARYJULYCONSTRUCTION SCHEDULEBIDDING SCHEDULE CONTRACTDATA COLLECTIONDECEMBER MARCHAUGUST SEPTEMBERFINAL DESIGN & ENGINEERINGPRELIM. DESIGN & ENGINEERINGFEAS. & ALT. ANALYSISItem 2A-71
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Item 2A-72
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Lucero Leyva, Project Manager
Randy Bowman, Deputy Director of Public Works
REQUEST: AWARD A CONTRACT FOR THE NORTH SPHERE FIRE STATION
DESIGN AND BUILDING ASSESSMENT OF FIRE STATION 33 AND 71
TO PBK ARCHITECTS IN THE AMOUNT OF $674,000 (PROJECT NO.
762-23)
RECOMMENDATION:
1. Award a Contract for the North Sphere Fire Station Design and Building Assessment of Fire
Stations 33 and 71 to PBK Architects in the amount of $674,000.
2.Authorize the Director of Finance to set aside a 10% contingency in the amount of $67,400
for unforeseen conditions.
3.Authorize the City Manager or designee to review and approve written contract amendment
requests up to the contingency amount.
4.Authorize the Mayor or designee to execute the agreement and any documents necessary
to effectuate the actions taken herewith.
BACKGROUND/ANALYSIS:
Strategic Plan:
This project will allow the City to meet the “Public Safety & Emergency Service – Priority 1:
Enhance the delivery of public safety services” of the Strategic Plan:
Background:
In 2021, City Council approved Staff to retain The Matrix Consulting Group to conduct a Fire
Station Location Study for the City of Palm Desert. On February 14, 2022, staff presented the
Matrix Study findings to City Council, which concluded that Unit Utilizations and Call Volumes
were high in Stations 71 and 33, negatively impacting response times. It was recommended that
the city plan and construct a fourth fire station just north of the intersection of Gerald Ford Drive
and Frank Sinatra Drive to better help serve the existing and developing communities around it.
Project Description:
There are two main components of this project: the design and construction support services for
the North Sphere Fire Station (FS 102); and the building assessment of Fire Stations 33 (FS 33)
and 71.
Currently, the proposed project site for FS 102 is 2.5 acres of city-owned land, located 1,800
feet north of the intersection of Gerald Ford Drive and Frank Sinatra Drive. The proposed 9,718
square-foot fire station is being designed to include 3-apparatus bays, office space, living
Item 2B-1
quarters, a workshop, and a gym. To account for the future development of the city, the project
site and building are being designed to accommodate future expansion.
The Building Assessments for FS 33 and 71 will address interior and exterior conditions,
evaluate the assets, assess the remaining life cycles of existing equipment, and identify ADA
compliance issues and solutions. Most importantly, this assessment will include detailed cost
estimates to compare renovation versus rebuild costs for both stations. This information will
further help guide the city in how to better address the needs of these existing fire stations.
Design Consultant Procurement and Analysis:
A Request for Proposal (RFP) for professional design and construction support services of the
North Sphere Fire Station and Building Assessments of Fire Stations 33 and 71 was advertised
via OpenGov, and seven (7) proposals were received on November 18, 2022:
Consultant Location Proposed Fee
Cannon Design Irvine, CA $1,758,891
COAR Design Group San Diego, CA $ 871,495
PBK Architects Rancho Cucamonga, CA $ 674,000
STK Architecture, Inc. Temecula, CA $ 725,634
TAIT & Associates Santa Ana, CA $ 845,100
TSK Architects Henderson, NV $1,436,167
Westgroup Designs, Inc Irvine, CA $ 547,410
An internal selection committee was created for this RFP, which included representatives from
the Public Works Department, Finance Department, City Manager’s Office, and CalFire. The
committee reviewed and evaluated the proposals on December 5, 2022. Based on the
qualifications, experience, and key personnel detailed within the proposals, the committee
agreed to interview PBK Architects, STK Architecture, Inc., and Cannon Design. The interviews
were held on December 12, 2022. After discussion, the committee determined that PBK is the
most qualified consultant to perform the services requested in the project, based on:
• Extensive Fire Station Experience
• Qualifications and Experience of the team
• Understanding of Fire Station Equipment, Needs, and Risks
• Contract and Change Order Management of prior projects
Staff contacted references to verify PBK’s performance working with other local municipalities.
All references provided positive feedback and described PBK as being professional, effective,
prompt communicators, and an overall great team to work with. Staff also commissioned an
independent financial review by HR Green Consulting to analyze the cost-effectiveness of the
PBK proposal. HR Green also conducted a fiscal analysis which included costs per labor unit,
level of effort by task, methodologies, and expertise. As previously mentioned, PBK has an
extensive background with fire stations, most recently Orange Fire Station 1, and Newport Beach
Fire Station 5 & Library.
Staff recommends awarding the contract to PBK in an amount not to exceed $674,000.
Item 2B-2
FINANCIAL IMPACT:
Funds for this project were included in the approved Capital Improvement (CIP) List for Fiscal
Year 2022-23 under Fire Fund Account No’s. 2304220-4400100 and 2354270-4400100.
Therefore, there is no financial impact to the General Fund from this action. Additional monies
may need to be appropriated for the full construction of the project and may be eligible for bond
proceed reimbursement.
The following table provides the current project budget and costs:
Item Account Budget Cost
Fire Station Tenant Improvements 2304220-4400100 $300,000
Fire Station 33 $ 43,500
Fire Station 71 $ 43,500
FS IMPROVEMENTS TOTAL $ 87,000
TI BALANCE $ 213,000
Item Account Budget Cost
Fire Station 102 2354270-4400100 $ 1,223,471 $ 587,000
FS 102 TOTAL $ 587,000
FS 102 BALANCE $ 569,071
COMBINED TOTAL
$ 674,000
10% Contingency
$ 67,400
Total Design Services Contract January 26, 2023 $ 741,400
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Professional Services Agreement
2. Consultant Proposal - PBK
3. Vicinity Map
Item 2B-3
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 26th day of January 2023, 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-
2578, County of Riverside, State of California (“City”) and PBK Architects, an S Corporation, with
its principal place of business at 8163 Rochester Avenue, Rancho Cucamonga, CA 91730
("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and
collectively as "Parties."
2. RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
NORTH SPHERE FIRE STATION DESIGN SERVICES AND
BUILDING ASSESSMENT OF FIRE STATIONS 33 AND 71
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
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 services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 26, 2023,
to December 31, 2025, 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.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees or agents shall have control over the conduct of Consultant or any of
Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall
Item 2B-4
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 in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: Kelley Needham, Managing
Partner, PBK Architects.
3.2.5 City's Representative. The City hereby designates Lucero Leyva
Sanchez, Project Manager, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of
all products submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager shall
be authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Kelley
Needham, Managing Partner, PBK Architects, 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 reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
Item 2B-5
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided 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 Period of Performance. Consultant shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance
Time”). Consultant shall also perform the Services in strict accordance with any completion
schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be
separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. 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 and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
Item 2B-6
3.2.10.1 Employment Eligibility; Consultant. Consultant
certifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time and shall require all
subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has
not committed a violation of any such law within the five (5) years immediately preceding the date
of execution of this Agreement and shall not violate any such law at any time during the term of
the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer, and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.3 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.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s
indemnification of City, and prior to commencement of the Services, 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.
(A) 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.
(B) 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 the
Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) 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 the Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the Services required by this
Agreement.
Item 2B-7
(D) 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, its officers, agents,
employees, volunteers and representatives.
(E) 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 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:
(1) 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;
(2) Pay on behalf of wording as opposed to reimbursement.
(3) Concurrency of effective dates with primary policies; and
(4) Policies shall “follow form” to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
(F) Fidelity Coverage. Consultant shall provide evidence of
fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than
$1,000,000 per occurrence.
(G) Cyber Liability Insurance. Consultant shall procure and
maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall
include the following coverage:
(1) Liability arising from the theft, dissemination and/or use
of confidential or personally identifiable information;
including credit monitoring and regulatory fines arising
from such theft, dissemination or use of the confidential
information.
(2) Network security liability arising from the unauthorized
use of, access to, or tampering with computer systems.
(3) Liability arising from the failure of technology products
(software) required under the contract for the Consultant
to properly perform the services intended.
(4) Electronic Media Liability arising from personal injury,
plagiarism or misappropriation of ideas, domain name
Item 2B-8
infringement or improper deep-linking or framing, and
infringement or violation of intellectual property rights.
(5) Liability arising from the failure to render professional
services
If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) 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
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or sub consultants.
(C) 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.
(D) 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 terminate this Agreement.
(E) 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 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.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives 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, its elected or appointed officers, agents, officials,
Item 2B-9
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) 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.
(H) 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.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide 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.
(J) 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 and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
(K) 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.
(L) 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 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.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, 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
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement 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 additional cost to the Consultant, the City
Item 2B-10
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.
(O) 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.
(P) 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.
(Q) 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 Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
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 Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed SIX HUNDRED AND SEVENTY-FOUR THOUSAND ($674,000.00) without written
approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
Item 2B-11
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 written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and
representatives free and harmless from any claim or liability arising out of stop orders issued by
the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
Item 2B-12
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon seven (7) days’ written notice, order work on the Project to cease. 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.
3.6.1.4 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.
Item 2B-13
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: PBK Architects
8163 Rochester Avenue
Rancho Cucamonga, CA 91730
ATTN: Kelley Needham, Managing Partner
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Lucero Leyva, Project 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.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
Item 2B-14
3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
Item 2B-15
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives 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 acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 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.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
Item 2B-16
this Agreement.
3.6.13 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
workdays. All references to Consultant include all personnel, employees, agents, and
subconsultants of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, volunteers and representatives
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 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.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 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.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Item 2B-17
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND PBK ARCHITECTS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
PBK ARCHITECTS
By:
Its:
Printed Name:
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Item 2B-18
EXHIBIT "A"
SCOPE OF SERVICES/ SCHEDULE OF SERVICES
Item 2B-19
December 20, 2022
Ms. Lucero Leyva
Project Manager City
of Palm Desert
73-510 Fred Waring Drive Palm
Desert, CA 92260
Re: Revised Scope of Work and Fee Proposal
North Sphere Fire Station
Fire Stations 33 and 71 Assessment City of Palm
Desert
Dear Ms. Leyva:
Thank you so much for selecting PBK for the new North Sphere Fire Station and the assessments of Fire
Stations 33 and 71. We are very excited about working with the City of Palm Desert.
Attached please find our Scope of Work and Fee Proposal. I have added some language per our
meeting last week. Please let me know if it is what you had in mind.
Ms. Leyva, thank you again for this opportunity. Merry Christmas and Happy New Year. Very
truly yours,
KELLEY NEEDHAM, AIA
Managing Partner
KN:br\22220-mkt
Attachment: Revised Scope of Work and Fee Proposal
Item 2B-20
A. NORTH SPHERE FIRE STATION - SCOPE OF WORK
In addition to the items listed in the RFP, the following is a list of the basic tasks and deliverables
anticipated for your new project. The scope has been divided into the five phases typically associated
with architectural services:
1. SCHEMATIC DESIGN PHASE
The first and perhaps most important task during the Schematic Design Phase will be to establish and
determine the best approach to the design of the primary systems in the project. The architectural
program shall be developed. Alternative configurations shall be quickly explored in order to evaluate
the best opportunities. A design concept shall be formulated in order to provide a sound basis for
subsequent planning and design decisions to occur. The design concept shall be utilized to evaluate
advantages and disadvantages of each potential alternative. Site and programmatic factors,
aesthetic quality, cost, and other key factors related to the project shall be utilized in order to form the
basis of an evaluation. Through a variety of informal meetings with the project committee, a
schematic design concept shall be established.
During the Schematic Design Phase for your project, the following tasks and deliverables have been
identified:
a. Master Site Plan
A master site plan shall be prepared in order to describe all major site components and to illustrate the
overall site planning concept for the project. All structures, parking areas, and circulation components
shall be identified. Areas of future expansion and/or future phasing shall also be defined.
b. Preliminary Landscape Plan
A preliminary landscape plan shall be prepared in order to illustrate proposed planting, landscaping
techniques, and design concepts. Drought resistant, low maintenance, and xeriscape techniques shall
be defined. A preliminary plant palette, identifying major tree and shrub species, shall be included.
c. Preliminary Floor Plans
A preliminary floor plan of each level for every structure proposed shall be prepared.
d. Exterior Elevations
Exterior elevations shall be prepared to illustrate all major views of the project. Elevations shall be drawn
to depict scale, character, architectural vocabulary, and shall be delineated to communicate the
aesthetic qualities of the project.
e. Schematic Design Opinion of Cost
A preliminary opinion of construction costs shall be prepared and included with the summary report.
f. Project Schedule
A comprehensive project schedule shall be prepared. The project schedule shall include anticipated
time frames for each phase of the project as well as any other milestones required by the City.
Item 2B-21
g. Entitlements/Approvals
The project shall be submitted to the City for review and approval. Departments to include the
architectural review and arts committee. PBK will attend all meetings required for approval including City
Council and public outreach meetings.
2. DESIGN DEVELOPMENT PHASE
After completion of the Schematic Design Phase, the design of the project shall be advanced into more
detailed refinement by initiating the Design Development Phase. Our Design Team shall prepare
design development documents consisting of drawings, outline specifications, design calculations,
material/equipment submittals, fixture cuts, and a design development opinion of estimated
construction cost. Architectural, structural, electrical, and mechanical systems shall be further detailed
and analyzed. Preliminary drawings shall be prepared for each of these systems and options which
may exist shall be evaluated.
During the Design Development Phase, requirements for cabinets, casework, hardware, and related
specialties shall be determined. A preliminary furniture plan shall be prepared indicating usage and
furniture layout of every work station, office, and support space. Final selection of materials, textures,
and colors shall occur. The Design Development Phase is essentially the time when preliminary design
proposals are refined to a level of detail and developed to a state such that final construction
documents can be initiated. The Design Development Phase is the time when all final decisions
pertaining to the proposed project are evaluated and finalized.
During the Design Development Phase, the following tasks and deliverables have been identified:
a. Design Development Plans
Design development drawings shall be prepared in order to fix and describe the size and character of
the entire project including architectural, structural, mechanical, and electrical design features.
b. Outline Specifications
Outline specifications shall be prepared in order to identify and define the materials and system
components selected for the project. Outline specifications shall be prepared in summary outline form
based on CSI format.
c. Basis of Design
A technical manual shall be assembled to organize product literature and data for all materials,
equipment, and fixtures selected for the project.
d. Building Code Analysis
Drawings, diagrams, and calculations shall be prepared based upon all applicable building codes
having jurisdiction over the project. A preliminary occupancy and exiting plan shall be prepared to
identify the type of construction, type of occupancy, required fire rating/separation, and
location/number of exits required.
e. Design Development Opinion of Cost
An opinion of construction cost shall be prepared to reflect the scope and anticipated construction costs
as reflected by the design development documents.
Item 2B-22
f. Project Schedule
An updated project schedule shall be prepared and submitted.
3. CONSTRUCTION DOCUMENT PHASE
The final Construction Document Phase of the project generally consists of the preparation of the
construction documents to include final drawings, specifications, calculations, and final cost estimates.
Our proposal includes complete and comprehensive architectural and engineering services required to
execute the entire project. Specifically, we have included the following disciplines:
1) Architectural
2) Civil Engineering
3) Structural Engineering
4) Mechanical Engineering
5) Electrical Engineering
6) Landscape Architecture
During this phase, the Contract Documents are prepared setting forth in detail the requirements for the
construction of the project. General conditions, instructions to bidders, and all special requirements are
defined, and when combined with the various trade specifications, a complete project manual is
produced.
During the Construction Document Phase final cost studies shall be prepared. A detailed opinion of
construction cost shall be prepared at the point where final plans and specifications are approximately
50% complete. Once construction documents have almost been completed, a revised opinion of cost
shall be prepared at the level of approximately 90% completion. Allowable construction costs will be
consistently monitored during the entire process in order to minimize the possibility of requiring major
refinement or modification due to budgetary limits.
The following tasks are specifically proposed for the project:
a. Construction Drawings
Final construction drawings shall be prepared in order to describe and identify the spaces, sizes,
volume, and location in detail for the construction of the project.
b. Project Manual
A project manual shall be prepared to include all instructions to bidders, bidding forms, general
conditions, supplementary special conditions, and the construction trade sections for the project. The
project manual provides detailed technical information pertaining to the administration of the
contract for construction, materials and equipment to be furnished, acceptable manufacturers, and
the requirements for executing the work.
c. Final Design Calculations
Final design calculations shall be prepared and submitted with the final plans and specifications for
review and approval by governing agencies having jurisdiction over the project. Structural
calculations, hydrology/drainage calculations, and mechanical/electrical (Title 24 Energy
Compliance) shall be completed during this phase.
Item 2B-23
d. Opinion of Cost
A detailed opinion of construction costs shall be prepared at the point where plans and specifications
are approximately 50% complete. A second cost opinion shall be prepared at the 90% completion
point in order to address any refinement or modification occurring during the preparation of the
construction documents. The cost opinion shall be prepared utilizing specific area and quantity take-
offs applied to labor and material cost, and shall include allowance for general conditions,
Contractor's profit and overhead, and contingencies.
e. Final Plan Check
All final plans, specifications, and supporting calculations shall be submitted to appropriate agencies
having jurisdiction over the project. The final construction documents shall be revised and amended in
order to reflect any plan check requirements, and at this time, construction documents will be ready
for competitive bidding.
4. BIDDING PHASE
During the Bidding Phase, the Architect shall provide administrative support services to assist the
Department in obtaining competitive bids for the proposed project. The Architect shall respond to any
questions, clarifications, or conflicts which may arise in the form of written addenda to the contract
documents. At this time, request for substitutions may be considered if allowed by the contract
documents. The Architect shall assist the Department with an evaluation of the bids received and
make a recommendation for award of the contract for construction.
The following services for the Bidding Phase of the project are proposed:
a. Bidding Procedures and Administration
The Architect shall assist the Department with the Bidding Phase of the project. Questions, clarifications,
or conflicts arising out of the bidding process will be resolved by addenda prepared by the Architect.
Addenda to the contract for construction shall be prepared in writing to document any clarification or
modification made to the contract documents.
b. Evaluation of Bid Proposals
Upon receipt of all bid proposals, a review and evaluation shall be conducted by the Architect. The
completeness of each bid proposal shall be evaluated whenever consideration exists to award to the
proposing contracting entity. The completeness of the bid proposal, proposed subcontractors, affidavit
of signature and other special bid proposal requirements shall be reviewed by both the Department
and the Architect.
c. Notice to Award Construction Contract
Upon the completed review of appropriate bid proposals, the Architect shall provide a recommendation
for consideration regarding the potential award of the contract for construction.
Item 2B-24
5. CONSTRUCTION ADMINISTRATION PHASE
The Architect shall attend job site meetings at two week intervals in order to generally review and
evaluate the construction schedule, monitor weekly performance, review quality control standards,
and provide assistance for any clarification or revision to the contract for construction. Shop drawings
and related submittals shall be reviewed and returned to the Architect for appropriate action. The
Contractor's requests for information, proposal requests, and related communications shall be
attended to on a regular basis. Contractor's pay requests shall be reviewed by the Architect on a
monthly basis in accordance with the amount of work completed and in accordance with the
contract documents. Upon completion of the Construction Phase the Architect shall organize and
conduct a final walk-through and review. A final punch list for all required corrections and remaining
work shall be prepared.
During the Construction Phase of the project, the following services shall be furnished:
a. Preconstruction Conference
A preconstruction conference shall be conducted by the Architect to brief all parties concerned with
general and special requirements of the contract for construction. Procedural matters, routing of
information, and project representatives shall be defined. Attendees shall include representatives from
the Fire Department, the Architect, the Contractor, and all major subcontractors.
b. Job Site Meetings
Job site meetings at two week intervals shall be scheduled and attended by the Architect for the same
day and time through the duration of the project. Scheduling, coordination, requests for information,
and changes to the contract for construction are routinely monitored.
c. Submittal and Shop Drawing Review
The Architect shall review all required shop drawings and related submittals as required by the contract
documents.
d. Project Closeout
At the completion of the Construction Phase a final job site meeting and review of the entire facility
shall be conducted. A final punch list will be published and distributed by the Architect to all parties
concerned, specifically noting required corrections, non-conforming work, and work remaining to be
completed. A second walk-through shall be conducted when all punch list items have been corrected,
at which time a Final Notice of Completion shall be filed by the Department.
e. Record Documents
A set of final record documents will be created from the Contractor's as-built drawings.
Item 2B-25
B. NORTH SPHERE FIRE STATION - PROJECT SPECIFIC SERVICES
The following items are not typically found in the basic scope of architectural services. Based on the
specifics of your site and our experience with projects of this type, we believe the following additional
services will also be required:
a. Geotechnical Investigations
A geotechnical investigation shall be furnished by the Design Team.
b. Topographic Survey
A complete topographical and boundary survey shall be furnished by the Design Team.
c. Water Quality Management Plan
Prepare a preliminary and final Water Quality Management Plan (WQMP) report and plans addressing
how to treat the post-construction stormwater runoff with surface designed BMPs per City and County
standard requirements before it leaves the site. The site is expected to have adequate soil infiltration.
d. Hydromodification Study
Hydromodification study with hydrology and storm drain pipe hydraulic calculations report to address that
the property is in a hydromodification area.
e. Storm Water Pollution Prevention Plan
Prepare a construction SWPPP notebook and NOI in order to obtain a WDID number. This is required since
the disturbed area is more than one acre in size.
f. Environmental Planning
The Design Team will prepare all reports and documents pursuant to the requirements of the California
Environmental Quality Act (CEQA).
C. FIRE STATION 33 AND 71 ASSESSMENTS - SCOPE OF WORK
The following is a list of the basic tasks and deliverables anticipated for the review and assessment of
Fire Stations 33 and 71:
a. Existing Facility Assessments
A complete facility assessment for Fire Stations 33 and 71 will be conducted by the Design Team. Areas
for review will be architectural, structural, mechanical, and electrical. Structural analysis to include a
Tier 1 analysis in accordance with ASCE 41. The findings of the analysis along with projected
costs/alternatives will be presented in a final report for each facility.
b. Hazardous Material Survey
A survey of each existing facility will be conducted in order to determine the presence of asbestos,
lead, and miscellaneous toxic materials
Item 2B-26
Fee Proposal
Your contract with PBK will mark a purposeful investment in your facilities. We are here to make sure
that you consider that investment to be a good one, with significant returns. PBK is extremely flexible
when it comes to the fee structure that best suits each new commission. We want the City and Fire
Department to feel that you are getting both a quality architectural product and excellent
professional services at a fair market price.
In an effort to better define our fee proposal, we have broken it down into the following components:
A. Basic Architectural Fee - North Sphere Fire Station
B. Project Specific Fees - North Sphere Fire Station
C. Facility Assessment - Fire Stations 33 and 71
D. Total Fee
E. Reimbursables
F. Items Excluded
G. Hourly Rate Schedule
A description of each component is as follows:
A. BASIC ARCHITECTURAL FEE - NORTH SPHERE FIRE STATION
Our fee for basic architectural services will be a fixed lump sum and includes the following disciplines:
• Civil Engineering
• Architectural Design
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
Our fee includes all on-site improvements, circulation areas, parking areas, and landscaping. For the
purposes of establishing a fee, we have assumed a project of approximately 7,900 sf with a preliminary
construction budget of $5,500,000.00. The fee will be adjusted to correspond to any increases in
project scope. A breakdown of our proposed fee is as follows:
PHASE OF SERVICE FEE
Schematic Design $ 66,000.00
Design Development 44,000.00
Construction Documents 220,000.00
Bidding 22,000.00
Construction Administration 88,000.00
TOTAL BASIC ARCHITECTURAL FEE $ 440,000.00
Item 2B-27
B. PROJECT SPECIFIC FEES - NORTH SPHERE FIRE STATION
The following items are unique to each project and not typically found in the basic scope of
architectural services. Based on our experience and interpretation of the information available, we
believe the following services will also be required:
TASK FEE
Topographical Survey $ 11,000.00
Geotechnical Investigation 20,000.00
Hydromodification Plan 5,000.00
Water Quality Management Plan 3,000.00
Environmental Planning (CEQA) 85,000.00*
SWPPP 3,000.00
TOTAL PROJECT SPECIFIC FEE $ 127,000.00
C. FACILITY ASSESSMENT - FIRE STATIONS 33 AND 71
The following are the specific fees associated with the facility assessments:
TASK FEE
Hazardous Material Surveys ($3,500.00 x 2) 7,000.00
Fire Station 33 Assessment 40,000.00
Fire Station 71 Assessment 40,000.00
TOTAL FACILITY ASSESSMENT FEE $ 87,000.00
D. TOTAL FEE
The following is the total of all fees along with an allowance for reimbursables and a design contingency:
SERVICE FEE
Basic Architectural Fee $ 440,000.00
Project Specific Fees 127,000.00
Facility Assessment 87,000.00
Reimbursable Allowance 20,000.00
Contingency (10%) 67,400.00
TOTAL FEE $ 741,400.00
* The Environmental Planning is based on preparation of an Initial Study and an assumed Mitigated
Negative Declaration. Four Technical Studies have been included.
Item 2B-28
E. REIMBURSABLES
Items required or requested by the City, Fire Department, or approving agency will be invoiced as
reimbursable without markup on monthly intervals. Reimbursables generally include the following:
1. Bulk paper copy.
2. Printing/Mylars.
3. Express or overnight mail/courier service.
The City will not incur any cost for travel, travel time, phone calls, faxes, or incidental printing or copying.
F. ITEMS EXCLUDED
The following is a list of items which are excluded from our scope of services or are not anticipated to
be required. However, these services can be included, if requested, or once additional information is
known:
1. Plan Check/Permit Fees.
2. Professionally Constructed Building Models.
3. Shoring Design.
4. Arborist/Biologist Reports.
5. Construction Surveying/Staking.
6. Cone Penetration Testing.
7. QSP services during construction.
8. QSD services during construction.
9. Radius maps, mailing lists and public hearing signage.
10. Traffic control plans.
11. County, State, Title Company and Utility Purveyor Fees.
12. Soil Management or Agronomy Reports.
13. Services related to an Underground Parking Structure.
14. Preparation of a Record of Survey map or corner record as required by the City or County.
15. Services related to the undergrounding of overhead utility lines, or the
relocation/replacement of poles, along the street or alley frontages.
16. Foundation System: Our fee assumes typical spread footings in average soil conditions. Any
other type of foundation system required as a result of poor soil conditions would not be
considered within our scope of work.
17. Off-site street or utility improvement drawings.
18. Multiple bid packages.
19. Commissioning.
Item 2B-29
G. HOURLY RATE SCHEDULE
For additional services, the following hourly rates are proposed for the basis of negotiating scope
modifications which may be necessary for the project. Hourly rates include mark-up that will be
applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be
negotiated at the time additional services are requested.
ARCHITECT ELECTRICAL ENGINEER
Principals of Firm $260.00 Principal $175.00
Design Director $220.00 Project Manager $135.00
Senior Project Manager $210.00 Project Engineer $125.00
Senior Project Architect $210.00 Designer $ 95.00
Project Manager $190.00 Designer/CADD Technician $ 90.00
Project Architect $185.00 Jr. Designer/CADD Technician $ 80.00
Project Leader / Technical Leader $155.00 CADD Technician/Drafter $ 70.00
Project Coordinator $140.00 Technical Support $ 50.00
Architectural Intern / Designer $130.00
Intern $100.00 MECHANICAL ENGINEER
Senior Project Designer $200.00
Project Designer $185.00 Principal $225.00
Design Leader $140.00 Associate Principal $205.00
Designer II $135.00 Senior Project Manager $195.00
Designer $110.00 Project Manager $185.00
Senior Ed Facilities Planner $230.00 Senior Project Engineer $170.00
Facilities Planner $185.00 Project Engineer $150.00
Senior Construction Administrator $210.00 Senior Design Engineer $135.00
Construction Administrator $175.00 Design Engineer $125.00
Sustainable Designer $160.00 Senior Designer $115.00
Specification Writer $185.00 Designer $105.00
Agency Compliance $110.00 CADD Designer $100.00
Cost Estimator $210.00 CADD Technician $ 80.00
Clerical / Office $110.00 Administrative $ 75.00
CIVIL ENGINEER
Technical Support
LANDSCAPE ARCHITECT
$ 65.00
Principal $185.00
Project Manager $150.00 Principal Architect $165.00
Project Surveyor $120.00 Associate Architect $140.00
Design Engineer $100.00 Architect/Project Manager $125.00
Draftsperson $ 75.00 Job Captain/Designer $110.00
Project Assistant $ 60.00 CADD Technician $ 95.00
Draftsperson $ 80.00
STRUCTURAL ENGINEER Technical Support $ 65.00
Principal Engineer $175.00 ENVIRONMENTAL ENGINEER
Project Engineer $150.00
Chief Draftsman $110.00 Senior Director $225.00
Draftsman $ 90.00 Program Manager $200.00
Technical Support $ 75.00 Senior Project Manager $165.00
Project Manager $140.00
Project Assistant $ 82.00
Technical Support $ 62.00
Item 2B-30
EXHIBIT "B"
COMPENSATION
THE AMOUNT IS NOT TO EXCEED SEVEN HUNDRED FORTY-ONE THOUSAND FOUR
HUNDRED DOLLARS ($741,400.00)
Item 2B-31
November 18, 2022
Ms. Bertha Gonzalez
Senior Management Analyst
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Preliminary Fee Proposal
North Sphere Fire Station
Fire Stations 33 and 71 Assessment
City of Palm Desert
Dear Ms. Gonzalez:
Attached please find our Preliminary Fee Proposal for the above referenced project. With our unique
type of experience and our local presence, your new project is of special interest to our firm.
In that architecture is a professional service as opposed to a commodity, we believe that the
selection of an architect is not only about fee, but about the relationship between the design team
and the City. This proposal is intended as a starting point to begin more in depth discussions regarding
program and project scope. It is not our intention to create a fee that is more or less than our
professional colleagues, but to work with you to create the best possible project for the funds
available.
The fees attached are not intended to be a “take it or leave it” offer and should be understood to be
the beginning of a negotiation to determine the best value for your needs and budget.
Ms. Gonzalez, thank you again for this opportunity. If you should have any questions or require any
additional information, please do not hesitate to contact me at any time.
Very truly yours,
KELLEY NEEDHAM, AIA
Managing Partner
KN:hb\22205-mkt
Attachment: Preliminary Fee Proposal
Item 2B-32
Preliminary Fee Proposal
Your contract with PBK will mark a purposeful investment in your facilities. We are here to make sure
that you consider that investment to be a good one, with significant returns. PBK is extremely flexible
when it comes to the fee structure that best suits each new commission. We want the City and Fire
Department to feel that you are getting both a quality architectural product and excellent
professional services at a fair market price.
In an effort to better define our fee proposal, we have broken it down into the following components:
A. Basic Architectural Fee
B. Project Specific Fees
C. Total Fee
D. Reimbursables
E. Items Excluded
F. Hourly Rate Schedule
A description of each component is as follows:
A. BASIC ARCHITECTURAL FEE
Our fee for basic architectural services will be a fixed lump sum and includes the following
disciplines:
• Civil Engineering
•Architectural Design
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
Our fee includes all on-site improvements, circulation areas, parking areas, and landscaping. For
the purposes of establishing a fee, we have assumed a project of approximately 7,900 sf with a
preliminary construction budget of $5,500,000.00. The fee will be adjusted to correspond to any
increases in project scope. A breakdown of our proposed fee is as follows:
PHASE OF SERVICE FEE
Schematic Design $ 66,000.00
Design Development 44,000.00
Construction Documents 220,000.00
Bidding 22,000.00
Construction Administration 88,000.00
TOTAL BASIC ARCHITECTURAL FEE $ 440,000.00
North Sphere Fire Station/Fire Stations 33 and 71 Assessment Page 1
Item 2B-33
B. PROJECT SPECIFIC FEES
The following items are unique to each project and not typically found in the basic scope of
architectural services. Based on our experience and interpretation of the information available,
we believe the following services will also be required:
TASK
Topographical Survey $ 11,000.00
Geotechnical Investigation 20,000.00
Hydromodification Plan 5,000.00
Water Quality Management Plan 3,000.00
Hazardous Material Surveys ($3,500.00 x 2) 7,000.00
Environmental Planning (CEQA)85,000.00 *
SWPPP 3,000.00
Fire Station 33 Assessment 40,000.00
Fire Station 71 Assessment 40,000.00
TOTAL PROJECT SPECIFIC FEE $ 214,000.00
C. TOTAL FEE
The following is the total of all fees along with an allowance for reimbursables:
SERVICE
Basic Architectural Fee $ 440,000.00
Project Specific Fees 214,000.00
Reimbursable Allowance 20,000.00
TOTAL FEE $ 674,000.00
* The Environmental Planning is based on preparation of an Initial Study and an assumed
Mitigated Negative Declaration. Four Technical Studies have been included.
North Sphere Fire Station/Fire Stations 33 and 71 Assessment Page 2
Item 2B-34
D. REIMBURSABLES
Items required or requested by the City, Fire Department, or approving agency will be invoiced
as reimbursable without markup on monthly intervals. Reimbursables generally include the
following:
1. Bulk paper copy.
2. Printing/Mylars.
3. Express or overnight mail/courier service.
The City will not incur any cost for travel, travel time, phone calls, faxes, or incidental printing or
copying.
E. ITEMS EXCLUDED
The following is a list of items which are excluded from our scope of services or are not
anticipated to be required. However, these services can be included, if requested, or once
additional information is known:
1. Plan Check/Permit Fees.
2. Professionally Constructed Building Models.
3. Shoring Design.
4. Arborist/Biologist Reports.
5. Construction Surveying/Staking.
6. Cone Penetration Testing.
7. QSP services during construction.
8. QSD services during construction.
9. Radius maps, mailing lists and public hearing signage.
10. Traffic control plans.
11. County, State, Title Company and Utility Purveyor Fees.
12. Soil Management or Agronomy Reports.
13. Services related to an Underground Parking Structure.
14. Preparation of a Record of Survey map or corner record as required by the City or County.
15. Services related to the undergrounding of overhead utility lines, or the
relocation/replacement of poles, along the street or alley frontages.
16. Foundation System: Our fee assumes typical spread footings in average soil conditions. Any
other type of foundation system required as a result of poor soil conditions would not be
considered within our scope of work.
17. Off-site street or utility improvement drawings.
18. Multiple bid packages.
19. Commissioning.
North Sphere Fire Station/Fire Stations 33 and 71 Assessment Page 3
Item 2B-35
F. HOURLY RATE SCHEDULE
For additional services, the following hourly rates are proposed for the basis of negotiating scope
modifications which may be necessary for the project. Hourly rates include mark-up that will be
applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will
be negotiated at the time additional services are requested.
ARCHITECT
Principals of Firm $260.00
Design Director $220.00
Senior Project Manager $210.00
Senior Project Architect $210.00
Project Manager $190.00
Project Architect $185.00
Project Leader / Technical Leader $155.00
Project Coordinator $140.00
Architectural Intern / Designer $130.00
Intern $100.00
Senior Project Designer $200.00
Project Designer $185.00
Design Leader $140.00
Designer II $135.00
Designer $110.00
Senior Ed Facilities Planner $230.00
Facilities Planner $185.00
Senior Construction Administrator $210.00
Construction Administrator $175.00
Sustainable Designer $160.00
Specification Writer $185.00
Agency Compliance $110.00
Cost Estimator $210.00
Clerical / Office $110.00
CIVIL ENGINEER
Principal $185.00
Project Manager $150.00
Project Surveyor $120.00
Design Engineer $100.00
Draftsperson $ 75.00
Project Assistant $ 60.00
STRUCTURAL ENGINEER
Principal Engineer $175.00
Project Engineer $150.00
Chief Draftsman $110.00
Draftsman $ 90.00
Technical Support $ 75.00
ELECTRICAL ENGINEER
Principal $175.00
Project Manager $135.00
Project Engineer $125.00
Designer $ 95.00
Designer/CADD Technician $ 90.00
Jr. Designer/CADD Technician $ 80.00
CADD Technician/Drafter $ 70.00
Technical Support $ 50.00
MECHANICAL ENGINEER
Principal $225.00
Associate Principal $205.00
Senior Project Manager $195.00
Project Manager $185.00
Senior Project Engineer $170.00
Project Engineer $150.00
Senior Design Engineer $135.00
Design Engineer $125.00
Senior Designer $115.00
Designer $105.00
CADD Designer $100.00
CADD Technician $ 80.00
Administrative $ 75.00
Technical Support $ 65.00
LANDSCAPE ARCHITECT
Principal Architect $165.00
Associate Architect $140.00
Architect/Project Manager $125.00
Job Captain/Designer $110.00
CADD Technician $ 95.00
Draftsperson $ 80.00
Technical Support $ 65.00
ENVIRONMENTAL ENGINEER
Senior Director $225.00
Program Manager $200.00
Senior Project Manager $165.00
Project Manager $140.00
Project Assistant $ 82.00
Technical Support $ 62.00
North Sphere Fire Station/Fire Stations 33 and 71 Assessment Page 4
Item 2B-36
CURRENT PROPOSED
LOCATION
2.5-acre site
owned by City
C
O
O
K
S
T
R
E
E
T
FRANK SINATRA DRIVEItem 2B-37
[This page has intentionally been left blank.]
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Vanessa Mager, Management Analyst
REQUEST: APPROVE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT
OF $227,000 WITH PREST-VUKSIC-GREENWOOD ARCHITECTS
(PVGA) FOR WORK RELATED TO DISCOVER PALM DESERT, A NEW
VISITOR SERVICES CENTER LOCATED AT PALM DESERT CIVIC
CENTER
RECOMMENDATION:
1. Approve professional services agreement in the amount of $227,000 with (PVGA) for
services related to Discover Palm Desert, a new visitor service center, including, but not
limited to, preparation of construction drawings and construction administration.
2.Authorize the City Manager or designee to review and approve written contract amendment
requests in an amount not to exceed $22,700.
3.Authorize the City Manager or designee to execute the agreement and any documents
necessary to effectuate the actions taken herewith.
BACKGROUND/ANALYSIS:
On October 28, 2021, the City Council approved an agreement (Contact No. C42290) in the
amount of $118,500 with Prest-Vuksic-Greenwood Architects (PVGA) for architectural services
for the future Discover Palm Desert Center. PVGA architectural services included design,
entitlement, construction drawings, bidding assistance, and construction observation. The
agreement was aggressively set for a one-year period beginning on October 28, 2021, with no
option to renew. Although the schematic designs and entitlement package were completed
during the contract term, the full entitlement process, public hearings, construction documents,
bidding assistance, and the construction observation were not completed within the one-year
term per the agreement and additional scope was included. In order to proceed, a new contract
to continue work on the project is needed.
Strategic Plan:
•Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to
enhance the ease of lifestyle.”
•Economic Development – Priority 4: “Expand and raise awareness of business-friendly
services in order to retain and attract business.”
Item 2C-1
City of Palm Desert
Agreement Approval with PVGA
Page 2 of 3
Project Description:
Since the original agreement, the City’s vision for the design and function of the building has
evolved. The approved design is more complex with a massive, winged, roof element which
requires additional work for preparation of the construction documents for construction.
Additionally, the original budget for this phase of the project was based on a $1.5 million
construction cost of approximately $450/sf. Based on the preliminary construction cost estimates
for the revised design it is estimated that the project may cost approximately $3.5 million more
for a total of $6.5M for approximately $1,000/sf. The anticipated increase in costs are attributable
to associated labor, supply chain, and material increases, which are out of PVGA’s and the City’s
control.
PVGA anticipates the more complex building design will require an increase in the cost of the
bidding assistance phase as well as create additional conditions to be observed and addressed
in the field. PVGA has also stated that there will also be additional needs for submittal reviews,
most of all, the greatly increased review process of steel shop drawings.
Staff is requesting to enter a new contract with PVGA to complete the outstanding items outlined
in the original agreement (Contract No. C42290) and to re-establish the contract for the project.
Pursuant to the Purchasing Policy allowable exceptions, and in order to maintain continuity in
the project, staff believes it is in the best interest of the City to continue working with PVGA on
this project due to their familiarity with the project, substantial work already completed, and their
ability to move the project forward in a timely manner. The table below provides a breakdown of
the new contract amounts based on the currently proposed design.
Services Remaining Proposed Amount to
Complete
Entitlement phase $2,500
Construction document phase $166,500
Bidding assistance phase $6,800
Construction Observation phase $51,200
Total $227,000
Item 2C-2
City of Palm Desert
Agreement Approval with PVGA
Page 3 of 3
FINANCIAL IMPACT:
Funds in the amount of $3,000,000 have been allocated for this project, therefore there is no
impact to the City’s General Fund with this action.
GENERAL
FUND
RESTRICTED FUND TOTAL
Original Budget $1,200,000 $1,200,000
6/24/22 Appropriation $1,800,000 $1,800,000
TOTAL $1,800,000 $1,200,000 $3,000,000
Contract C42290 – Exp to Date ($38,770) ($38,770)
This Contract ($227,000) ($227,000)
Amendment Set-Aside ($22,700) ($22,700)
BALANCE REMAINING $1,800,000 $911,530 $2,711,530
Any anticipated construction cost increases will require other funding sources and/or grant
applications.
REVIEWED BY:
Department Director: Eric Ceja
City Attorney: Robert Hargreaves
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Draft Agreement
2. Prest-Vuksic-Greenwood Architects Updated Proposal dated January 16, 2023
Item 2C-3
Contract No. ____________
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 29th day of October 2022, 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-
2578, County of Riverside, State of California (“City”) and Prest Vuksic Greenwood Architects
(PVGA), a California Corporation with its principal place of business at 44-530 San Pablo, Suite
200, Palm Desert, California ("Consultant"). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
Discover Palm Desert
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
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 services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 29, 2022
to October 29, 2023, unless earlier terminated as provided herein. The City shall have the
unilateral option, at its sole discretion, to renew this Agreement automatically for no more than
two additional one-year terms. Consultant shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees or agents shall have control over the conduct of Consultant or any of
Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall
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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 in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: John Vuksic, Principal and
Nicole Williams, Project Architect.
3.2.5 City's Representative. The City hereby designates Eric Ceja,
Director of Economic Development, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of
all products submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager shall
be authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates John
Vuksic, Principal, 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 reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
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shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided 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 Period of Performance. Consultant shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance
Time”). Consultant shall also perform the Services in strict accordance with any completion
schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be
separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. 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, and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.3 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.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s
indemnification of City, and prior to commencement of the Services, 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.
(A) 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.
(B) 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 Manger 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.
(C) 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.
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(D) 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, its officers, agents,
employees, volunteers and representatives.
(E) 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 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:
(1) 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;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies; and
(4) Policies shall “follow form” to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
(F) Fidelity Coverage. Consultant shall provide evidence of
fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than
$50,000 per occurrence.
(G) Cyber Liability Insurance. [Reserved]
3.2.11.2 Other Provisions or Requirements.
(A) 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
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) 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
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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.
(D) 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 terminate this Agreement.
(E) 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 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.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives 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, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) 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.
(H) 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.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide 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.
(J) 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 and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
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arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
(K) 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.
(L) 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 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.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, 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
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement 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 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.
(O) 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.
(P) 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.
(Q) 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 Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
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laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
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 Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Two Hundred and Twenty-Seven Thousand Dollars ($227,000) without written
approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 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 written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request, and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and
representatives free and harmless from any claim or liability arising out of stop orders issued by
the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
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3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon seven (7) days’ written notice, order work on the Project to cease. 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.
3.6.1.4 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Prest Vuksic Greenwood Architects
44-530 San Pablo Ave Suite 200
Palm Desert, CA 92260
ATTN: John Vuksic, Principal
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Eric Ceja, Director of Economic Development
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.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
Item 2C-13
Contract No. ____________
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Item 2C-14
Contract No. ____________
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives 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 acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 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.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
Item 2C-15
Contract No. ____________
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 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 subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, volunteers and representatives except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 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.
3.6.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 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.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
Item 2C-16
Contract No. ____________
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
Item 2C-17
Contract No. ____________
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND PREST VUKSIC GREENWOOD ARCHITECTS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
PREST VUKSIC GREENWOOD ARCHITECTS
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Item 2C-18
Contract No. ____________
Exhibit “A”
EXHIBIT "A"
SCOPE OF SERVICES
1. ARCHITECT'S BASIC SERVICES AND
RESPONSIBILITIES
1. ENTITLEMENT PHASE
1.1 Coordinate and finalize formatting of Architectural Documents that are required in the
City Architectural Review Application including: site plans, floor plan, elevations, roof
plan, as well as, colored and rendered building elevations showing shadows &
landscaping, and a colored 3D computer model of the facility.
1.2 Prepare color and materials board.
1.3 Prepare Photo-simulations, if approved by Owner. These would be prepared as an
additional service.
1.4 Coordinate with Civil Engineer and Landscape Architect for their preliminary grading,
drainage, and landscape drawings.
1.5 Review Entitlement Package for completeness as needed and submit all documents to
City.
1.6 Attend meetings with City Staff, Architectural Review Commission, Planning Commission
and City Council.
2. CONSTRUCTION DOCUMENT PHASE
2.1 The following documents will be provided for the purposes of obtaining a building
permit:
a. Topographic Survey (Civil Engineer)
b. Grading and Drainage Plan (Civil Engineer)
c. Architectural Site Plan including ADA Path of Travel
d. CalGreen Compliance Specs
e. Floor Plan, including both Shell and Tenant Improvements
f. Enlarged Bathroom Plans and Details
g. Exterior Elevations
h. Building Sections
1. Wall Sections
J. Roof Plan
k. Reflected Ceiling Plan (at both interior and exterior)
I. Enlarged Elevations, Sections, and Details
m. Door and Window Schedule
n. Door and Window Details
o. Foundation Plans and Details (Structural Engineer)
p. Framing Plans and Details (Structural Engineer)
q. Structural Calculations (Structural Engineer)
r. Site Lighting Plans
s. Photometric Plans
t. Title 24 Energy Calculations
u. Interior Elevations
v. Basic cabinet and counter top drawings and details
w. UC Equipment Specs (specs provided by Owner)
Item 2C-19
Contract No. ____________
Exhibit “A”
x. Floor Finish Plan including general flooring call outs such as ie: carpet, tile, etc.
y. Interior Finish Schedule including general material call outs such as plastic laminate,
ceramic tile, etc.
z. Door Hardware Schedule selections and specifications
aa. Air Conditioning Plans and Specifications
bb. Plumbing Plans and Specifications
cc. Power Plans
dd. Building Lighting Plans and Specifications
ee. Landscape, Hardscape, Irrigation, and Landscape Lighting Plans (Landscape
Architect)
2.2 Submit to the City of Palm Desert for plan check and address City comments as required
for permit ready status.
2.3 The following Consultants would be retained by the Architect as part of the Architect's fee:
Structural Engineer, Mechanical Consultant, Electrical Engineer, Plumbing Consultant,
Energy Consultant.
2.4 The following Consultants would be retained by the Owner separate from the Architect's
fee: Geotechnical Engineer, Civil Engineer, Landscape Architect.
3. BIDDING ASSISTANCE PHASE
3.1 Upon completion of the Construction Document Phase, the Architect would provide
assistance to the Owner regarding bidding of the project by providing the following services:
a. Distribute plans and specifications
b. Answer questions from the Bidding Contractors.
c. Provide clarifications as required
d. Compare Bids for Owner review.
4. CONSTRUCTION ADMINISTRATION PHASE
4.1 During the construction of the project, the Architect would provide the following services:
a. Interpret plans and specifications as required
b. Observe construction for compliance with design
c. Review shop drawings and product submittals
d. Provide clarification drawings
e. Attend regular construction meetings at site
f. Perform regular site observations (may be after construction meeting).
g. Process Progress Payment reviews with Owner/ and Contractor.
h. Review change orders.
1. Manage and provide responses to Contractor's requests for information (RFis).
J. Provide a final punch list of items to be corrected.
5. ADDITIONAL SERVICES - The following would be deemed
additional services: If requested or required, these services would be performed on an hourly basis or for a
negotiated fee separate from the Fixed Fees listed in this Agreement.
5.1 Perspective renderings or photo-simulations if requested by the City (Photo-simulations
are not a City requirement but could be requested by the City). If so, these would be
prepared at a cost of $1,850 each.
Item 2C-20
Contract No. ____________
Exhibit “A”
5.2 Any communication with neighboring property representatives and any information
transfer with such parties and any work resulting from special needs conveyed by such
communications.
5.3 Any assistance in the preparation of marketing materials.
5.4 Instructions given by the Owner, which are inconsistent with previous instructions or
approvals resulting in additional work.
5.5 Any changes made by the Owner or value engineering studies after design is approved,
including those done to reduce cost.
5.6 Special meetings with individual Architectural Review Commissioners, Planning
Commissioners, or City Council people, and any changes to the design resulting from
these meetings, if any.
5.7 Variance applications if required due to height limit encroachments, setback
encroachments, parking shortages, or any deviations from local City ordinances or
policies done with the Owner’s knowledge and any rework resulting from the denial of
such requests.
5.8 Rework due to a denial or continuance of the project by the City, due to Owner dictated
design.
5.9 Additional work that results from unforeseen conditions at the existing buildings or site.
Such conditions include, but are not limited to, existing utility lines that interfere with the
approved building design, etc.
5.10 Additional work due to incorrect construction by the General Contractor or Subcontractors
resulting in design and engineering revisions to remedy such occurrences.
5.11 If the existing parking lot, ADA parking spaces or existing walkways are deemed to be
substandard and require ADA upgrades, this work would be performed as an additional
service.
5.12 Any work regarding utility service upgrades beyond and including the utility connection
point that services the building would be an additional service (i.e. upgrade to existing
electrical transformer)
5.13 Telecommunication and Security Systems – this is typically done by the Vendors directly
with the Owner or Tenant. Architect’s coordination with these vendors would be an
additional service.
5.14 Interior Design Services such as design or selections of specific cabinet styles, finishes
and hardware, interior paint colors, ceramic tiles, vct, stone tiles, countertops, etc., or
fabrics, furniture, artwork, special wall papers, or accessories. PVG Interiors can provide
such services as a supplement to this agreement.
5.15 This agreement is based on a 3,500 s.f. building; If the building increases from this size,
the Architect’s fee would adjust proportionately.
5.16 As the Schematic Design has evolved, it has included the incorporation of several items
that could be categorized as artwork, signage or a coffee kiosk.
Any design development, construction documents, or engineering for these items would
be an additional service. “Artwork and signage” shall include, but is not limited to: The
vertical sculpture that extends from the ground through the first opening in the roof, the
hanging sculpture element suspended in the second roof opening, the flower pedal-like
shade elements throughout the project, the butterfly sculpture, any murals or map prints,
the “CV Link” signage, and the “Discover” signage. The “Coffee Kiosk” includes the
container, screen wall, swings, and tenant improvements for a coffee shop tenant.
5.17 Any work not specifically listed as part of Architect’s Basic Services and Responsibilities.
Item 2C-21
Contract No. ____________
Exhibit “A”
6. Assumptions/Exclusions:
6.1 The Owner is to provide a detailed program to the Architect. This program is to list the
rooms and spaces, sizes, important adjacencies, what is to be in each room or space
(this can be general or specific, depending on how specific the Owner’s needs are) and
any important information/ equipment or finish specifications.
6.2 Fire Sprinkler Layout – this is typically done by the Fire Sprinkler
Subcontractor as part of the Construction.
6.3 Truss Drawings – this is typically done by the Truss Company
providing trusses for the construction.
6.4 Cabinet drawings beyond basic layouts. It is assumed that the cabinet maker will
provide detailed shop drawings for review.
Item 2C-22
Contract No. ____________
Exhibit “B”
EXHIBIT "B"
SCHEDULE OF SERVICES
The Schedule of Services will be dependent on the responsiveness of City staff, public
participation, and the availability of funding.
Item 2C-23
Contract No. ____________
Exhibit “C”
EXHIBIT "C"
COMPENSATION
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the Architect's compensation and include actual
expenditures made by the Architect and Architect's employees in the interest of the Project for
the expenses listed in the following subparagraphs. Reimbursable expenses will be billed at a
multiple of 1.15 times the amount expended by the Architect, the Architect's employees and the
Architect's consultants in the interest of the project.
5.1 Mileage related to the Project.
5.2 Fees paid in securing approvals of authorities having jurisdiction over the project.
5.3 Computer plotting and reproductions of drawings, specifications and other
documents.
5.4 Expense of additional insurance coverage or limits, including professional liability
insurance, requested by the Owner in excess of that normally carried by the
Architect.
5.5 Site visits by Structural Engineer for inspections required by building department.
5.6 Any Consultants retained by the Architect beyond the ones listed as being
retained by the Architect.
HOURLY RATE SCHEDULE
6.1 Any hourly services shall be performed for a flat hourly rate of $150/hr., plus
reimbursable expenses:
6.2 Should the additional services of any Consultants be required; their services shall
be billed on the basis of a multiple of 1.15 times the amount billed to the
Architect.
BASIS FOR COMPENSATION
9.1 The Owner shall compensate the Architect for the services provided in
accordance with Section III Payments to the Architect and the other Terms and
Conditions of this Agreement.
9.2 FOR BASIC SERVICES, as described in Section II, compensation shall be
computed as follows:
1. ENTITLEMENT PHASE $ 2,500 plus reimbursables
2. CONSTRUCTION DOCUMENT PHASE $ 166,500 plus reimbursables
3. BIDDING ASSISTANCE PHASE $ 6,800 plus reimbursables
4. CONSTRUCTION ADMINISTRATION
$ 51,200 plus reimbursables
Please note that additional services, if needed, are listed in Exhibit A and would be billed
separate from the fixed fees above.
Item 2C-24
1
PROPOSED ADDITIONAL FEES
To: City of Palm Desert Date: January 16, 2023
Project: Palm Desert Visitor Center
Project No: 221151 Issued By: Prest|Vuksic|Greenwood Architects, Inc.
ENTITLEMENT PHASE
PROPOSED ADDITIONAL FEE
$2,500
No Increase: This is the remaining 10% Due in the Entitlement Phase of the project.
CONSTRUCTION DOCUMENT PHASE
PROPOSED ADDITIONAL FEE
$166,500
Justification for increase: The original budget that the fee was based on was 1.5mil. construction cost. (approx.
$450/sf.) Based on the current design, and the preliminary construction cost estimates, it appears that the project will
cost approx. 3.5 mil. (approx $1,000/sf) This is 233% of the original estimated cost. In our experience, there is a strong
correlation between the cost of a building and how much time is involved to prepare the design and drawings for it. The
final design will require much more in the way of drawings due to a larger variety of, and more complicated conditions
that need to be designed and detailed, as well as an enormous increase to the structural engineering fee due to the
need for much more steel, and the fact that the roof structure has increased massively. The overall engineering costs
for the building have increased from 19,000 to 56,500. This is an increase of almost 300% which is being absorbed in
the architectural fee.
BIDDING ASSISTANCE PHASE
PROPOSED ADDITIONAL FEE
$6,800
Justification for increase: The more complex building will result in more interaction with contractors during the bidding
process, and more questions and requests for information.
CONSTRUCTION OBSERVATION PHASE
PROPOSED ADDITIONAL FEE
$51,200
Justification for increase: The more complex building will result in more conditions to be observed and addressed in
the field, more questions by the contractor, more correction or clarification drawings, and more in the way of
submittal reviews, most of all, steel shop drawings, which will be an enormous review process.
Item 2C-25
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Page 1 of 3
CITY OF PALM DESERT
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Deborah Glickman, Management Analyst
REQUEST: REQUEST FOR DIRECTION ON A WORK PLAN FOR THE DISPOSITION
OF PROPERTIES IDENTIFIED IN THE CITY’S CENTRAL INVENTORY
OF THE SURPLUS LAND ACT
RECOMMENDATION:
Provide direction on a work plan for the disposition of properties identified in the City’s Central
Inventory of the Surplus Land Act.
BACKGROUND/ANALYSIS:
At its meeting on December 15, 2022, the City Council approved a “Central Inventory” of City
and Successor Agency to the Palm Desert Redevelopment Agency (SARDA) owned
properties. This inventory was developed to comply with the State of California’s Surplus Land
Act (SLA), which requires that an inventory must be approved and submitted annually to the
State of California Department of Housing and Community Development (HCD) pursuant to
Government Code Section 54230(a)(2).
The inventory expands on the 2014 State Department of Finance (DOF) approved Long-Range
Property Management Plan (LRPMP). The LRPMP was prepared by the City, and approved by
the DOF, as part of the requirements of the State’s elimination of Redevelopment Agencies
(RDA). The LRPMP identified 13 distinct property areas for future sale; of which the following
have been sold or are in the process of sale:
1. Larkspur – Hotel Paseo
2.132 Acre (Gerald Ford and Portola) – GHA, Refuge Palm Desert, Vitalia – various
residential developments
3.Desert Willow (Site F) – The Retreat Residential Development
4.Desert Willow (Site G) – Revel Independent Senior Living
5.Desert Willow (Site B) – DSRT Surf
6.“Casey's Restaurant” – Palm Village Commercial Center on Washington Street
The now-approved Central Inventory includes ten distinct areas totaling thirty-four unique
parcels.
Under the SLA, the City is required to provide annual progress reports to HCD on the status of
disposition for land in the Central Inventory. Failure to provide reports may be subject to penalties
from HCD including ineligibly for grant funding from the State and potential loss of land-use
controls. In addition, prior to the disposition of land in the Central Inventory the City is required
Item 2D-1
City of Palm Desert
Central Inventory Property Disposition Work Plan
Page 2 of 3
to demonstrate to HCD that the sale complies with the SLA. Failure to comply will result in a
financial penalty of 30% of the final sale price of the land. Subsequent violations will result in a
50% penalty of the final sales price.
Project Description:
With the approved Central Inventory, staff has developed a work plan for the disposition of the
identified parcels. Accompanying this staff report are a map and spreadsheet of approved
Central Inventory properties; however, the work plan for near-term property dispositions has
been provided below. The work plan allows staff to focus on specific properties for near-term
disposition while remaining flexible to respond to market demand for other properties in the
Central Inventory. The work plan includes information related to the sale of grouped properties
including address, ownership, acreage, and when the Notice of Availability (NOA) was/will be
released.
In 2022, staff initiated the disposition process for three additional sites on the Central Inventory,
all of which are anticipated to be transferred by the end of this year. The properties in the
process of being disposed are 45-656 Mountain View (City), Wallaroo Center (City), and
Alessandro Alley (3 City and 4 SARDA parcels). In addition to these 3 properties, staff will work
on disposing the land designated in the LRPMP for the Joslyn Center expansion.
The City Council has already approved the release of an NOA for the Mountain View,
Alessandro, and Wallaroo properties. Staff will return at a forthcoming meeting with a request
to release the NOA for the Joslyn Center property.
Mountain View Single Family Home
Address Ownership Acres NOA Release Date
45656 Mountain View City of Palm Desert 0.17 9/12/2022
Total 0.17
Alessandro Properties (to be sold as one unit)
Address Ownership Acres NOA Release Date
44870 San Antonio Circle SARDA 0.25 By 1/31/2023
44850 San Antonio Circle SARDA 0.38 By 1/31/2023
Alessandro Alley City of Palm Desert 0.16 By 1/31/2023
44887 San Antonio Circle SARDA 0.14 By 1/31/2023
44845 San Clemente Circle City of Palm Desert 0.38 By 1/31/2023
San Clemente Circle SARDA 0.14 By 1/31/2023
Total 1.87
Wallaroo – Cabrillo Avenue (to be sold as one unit)
Address Ownership Acres NOA Release Date
44911 Cabrillo Avenue City of Palm Desert 0.27 By 1/31/2023
44911 Cabrillo Avenue City of Palm Desert 0.22 By 1/31/2023
Total 0.49
Item 2D-2
City of Palm Desert
Central Inventory Property Disposition Work Plan
Page 3 of 3
Joslyn Center Expansion (to be sold as one unit)
Address Ownership Acres NOA Release Date
44215 San Pascual Avenue City of Palm Desert 0.65 By 4/30/2023
73697 Santa Rosa Way City of Palm Desert 0.65 By 4/30/2023
Total 1.30
In addition to the Central Inventory properties referenced above, staff is reviewing the parcels
that comprise Desert Willow Lot Pads A, C, and D and will return at a future meeting for direction.
FINANCIAL IMPACT:
The sale of each property is expected to require professional real estate transaction services
including title review, appraisals, and escrows. Funds are available for these purposes in the
Economic Development Department’s professional services fund.
REVIEWED BY:
Department Director: Eric Ceja
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. December 2022 Central Inventory List
2. December 2022 Central Inventory Map
Item 2D-3
APPROVED City of Palm Desert Central Inventory
December 2022
Common Name Designation Address (Apprximate or Actual)APN Owner Acre Sf Current Use
Joslyn Center
Excess of foreseeable needs 44215 San Pascual Avenue 627102017 City 0.65 28314 Vacant
Total 0.65 28314
Desert Willow Lot Pad A
Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club Drive 620400025 SARDA 14.46 629877 Vacant
Total 14.46 629877
Desert Willow Lot Pad C
Excess of foreseeable needs Northeast Corner of Desert Willow Drive and Country Club Drive 620450012 SARDA 16.91 736600 Vacant
Excess of foreseeable needs Northeast Corner of Desert Willow Drive and Country Club Drive 620450013 SARDA 1.37 59677 Vacant
Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club Drive 620450014 SARDA 0.45 19602 Vacant
Excess of foreseeable needs Northeast Corner of Desert Willow Drive and Country Club Drive 620450015 City 0.04 1742 Vacant
Total 18.77 817621
Desert Willow Lot Pad D
Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club Drive 620450017 SARDA 0.19 8276 Vacant
Excess of foreseeable needs Northeast corner of Desert Willow Drive and Country Club Drive 620450018 SARDA 0.67 29185 Vacant
Excess of foreseeable needs Northeast corner of Desert Willow Drive and Country Club Drive 620450020 SARDA 13.67 595465 Vacant
Total 14.53 632926
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190005)694580018 SARDA 5.00 217800 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190007)694580019 SARDA 8.54 372002 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190014)694580020 SARDA 5.03 219107 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190013)694580021 SARDA 2.55 111078 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190006)694580022 SARDA 0.02 871 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive (Formerly APN 694190016)694580023 SARDA 0.21 9148 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200003 SARDA 4.89 213008 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200004 SARDA 7.90 344124 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200006 SARDA 0.05 2178 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200007 SARDA 8.81 383764 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200011 SARDA 81.50 3550140 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200012 SARDA 2.20 95832 Vacant
Excess of foreseeable needs Northeast corner of Portola and Frank Sinatra Drive 694200022 SARDA 42.85 1866546 Vacant
Total 169.55 7,385,598
Portola
Excess of foreseeable needs 45653 Portola Avenue 627351010 City 0.23 10019 Vacant House
Excess of foreseeable needs West side of Portola Avenue north of El Cortez Way 627164012 City 0.43 18731 Vacant
Total 0.23 28750
"170 Acre Site" - Sell as one property
Page 1
Item 2D-4
APPROVED City of Palm Desert Central Inventory
December 2022
Common Name Designation Address (Apprximate or Actual)APN Owner Acre Sf Current Use
Fred Waring Drive/San Pablo Avenue
Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 627101002 City 0.35 25346 Vacant
Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 627101017 City 0.2 8712 Vacant
Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 627101033 City 0.25 10890 Vacant
Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 627101061 City 0.46 20028 Vacant
Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue 6271010062 City 0.17 7405 Vacant
Excess of foreseeable needs Southeast corner of Fred Waring Drive and San Pablo Avenue Right of Way City 0.11 4792 Vacant
Total 1.54 77173
Haystack
Excess of foreseeable needs Haystack Drive 630250022 City 1.9 82764 Vacant
Total 1.9 82764
Ocotillo Site
Excess of foreseeable needs 45330 Ocotillo Drive 627232005 City 0.53 23156 Vacant
Total 0.53 23,156
Entrada Del Paseo
Excess of foreseeable needs Next to 72559 Highway 111 640370018 City 2.01 85365 Vacant
Excess of foreseeable needs Next to 72559 Highway 111 640370016 City 0.68 23823 Vacant
Total 2.69 109,188
Total City 4.68 216853
Total SARDA 219.17 9547044
Page 2
Item 2D-5
Item 2D-6
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Shawn Muir, Senior Management Analyst
REQUEST: APPROVE AMENDMENT NO. 2 TO 2020 ANNUAL ACTION PLAN -
COMMUNITY DEVELOPMENT BLOCK GRANT
RECOMMENDATION:
1.Conduct the public hearing and receive public testimony.
2.Approve Amendment No. 2 to 2020 Annual Action Plan - Community Development Block
Grant.
3.Approve the budget amendment to Fiscal Year 2020-2021 Community Development Block
Grant.
BACKGROUND/ANALYSIS:
The Community Development Block Grant (CDBG) is a grant program administered by the U.S.
Department of Housing and Urban Development (HUD). The program funds activities that
provide decent housing, create suitable living environments, and expand economic opportunities
for low and moderate-income people.
To receive CDBG Program funds, the City of Palm Desert is required to submit an Annual Action
Plan to HUD. The 2020 Action Plan designated $170,332 for improvements to Palma Village
Park, and $142,490 for improvements to sidewalks in Palma Village Neighborhood. The
proposed amendment modifies the Action Plan to remove the sidewalk improvements project
and reprogram $142,490 to make improvements to Palma Village Park.
The amendment is being requested due to the cost of the necessary sidewalk improvements far
exceeding the funds allocated for this purpose in the Action Plan. The planned improvements
were decided with the input from the community through two separate surveys and a community
meeting. As a result, the revised improvements include a new pavilion with shade, tables, and
a BBQ area, updates to the landscaping throughout the park, and lighting improvements that
increase security and reduce energy consumption.
A 30-day notice of the substantial amendment was posted in The Desert Sun on December 1,
2022 and on the City’s website (https://www.cityofpalmdesert.org/departments/special-
programs/community-development-block-grant-cdbg). The 30-day comment period began
Thursday, December 1, 2022 and ended Friday, December 30, 2022. No comments were
received. A 10-day advance notice of action was also posted on January 15, 2023, announcing
this public hearing.
Strategic Plan:
This recommendation supports Parks & Recreation Priority 1 Goal of the Strategic Plan. This
goal recommends making recreation, health, and wellness an integral part of the Palm Desert
Item 3A-1
community. If approved, reprogramming of these funds will allow additional renovations to be
made at Palma Village Park.
FINANCIAL IMPACT:
The Staff recommendation is to reprogram existing grant funds for a different purpose than
initially established. Therefore, there is no financial impact to the General Fund as a result of this
action. Below are the current and proposed program modifications:
Current Annual Action Plan:
Purpose Amount
Palma Village Neighborhood
Park Improvements
$170,332
Palma Village Neighborhood
Sidewalk Improvements
$142,490
Amended Annual Action Plan:
Purpose Amount
Palma Village Neighborhood
Park Improvements
$312,822
Palma Village Neighborhood
Sidewalk Improvements
$0
REVIEWED BY:
Department Director: Martin Alvarez
City Attorney: Robert Hargreaves
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Annual Action Plan FY2020-21: CDBG Substantial Amendment No. 2
Item 3A-2
CITY OF PALM DESERT - CDBG
ANNUAL ACTION PLAN FY2020-21: CDBG SUBSTANTIAL AMENDMENT No. 2
City Council Approved January 26, 2023
INTRODUCTION:
The City of Palm Desert’s Annual Action Plan details the funding strategy for the Community
Development Block Grant (CDBG) program each year. Through the Annual Action Plan, the City
implement its Five-Year Consolidated Plan. The City’s Citizen Participation Plan (CPP) describes the
efforts that the City will take to encourage its residents to participate in developing these plans. It also
provides requirements for public process when a “substantial amendment” to the Annual Action Plan
is proposed. The following changes constitute a substantial amendment and require public notice as
described in the CPP:
1.Any project that is cancelled in an amount more than $25,000 unless reallocation
to the same organization but a different project/ program.
2.Requests received by the City from an organization already awarded funds
regarding the consideration to reallocate funds from the program/project that was
approved to an alternate program/project that does not benefit the same or
similar beneficiaries and funds are more than $25,000.
3.Any proposed program/project that provides services to clientele other than the
original proposed clientele in an amount more than $25,000.
4. Reprogramming of unallocated funds in an amount more than $25,000 (this does
not include transfer of funds for the same program/project from one program year
to the next) to an identified organization regardless of program/project type.
5. Goals and programs/projects that meet a community need other than that
identified in the Consolidated Plan.
6. New programs/projects that meet a community need and is in an amount more
than $25,000.
The information provided in this attachment qualifies as a substantial amendment because it meets
all of the criteria of a substantial amendment as described in the City’s CPP.
BACKGROUND:
On November 19, 2020, Council held a public hearing to receive public comments pursuant to the
Housing and Community Development Act of 1974 as amended and the Community Development
Block Grant (CDBG) Program regarding the PY 2020 Action Plan Amendment No. 1. The amendment
increased funding for two existing activities by reprogramming CDBG funds from Program Year (PY)
2020 and unprogrammed funds from PY 2018. The two activities included Palma Village Park
Improvements and Palma Village Sidewalk Improvements.
The purpose of this substantial amendment to the City of Palm Desert’s FY 2020-21 Annual Action
Item 3A-3
Plan is to reallocate $142,490 from Palma Village Sidewalk Improvement project to Palma Village Park
Improvement project.
DISCUSSION:
The City will re-allocate $142,490 from the Palma Village Sidewalk Improvement project to Palma
Village Park Improvement project to add shade structures with lighting, improve the lighting
throughout the park, and improve the landscape. The City had funded the Palma Village Sidewalk
Improvement project in FY2020-21 under the CDBG Public Facility and Improvements category to
construct improvements in areas missing sidewalks within the neighborhood. The neighborhood
sidewalk connectivity would have complimented the project located off San Pablo Avenue as well. It
has been determined from staff that there is not adequate funding for the sidewalk improvements
needed to fulfill the entirety of the project. Therefore, the City is recommending reallocating the funds
for improvements at Palma Village Park Improvements, which will benefit the community.
Public Outreach Process for the Reallocation of CDBG Funds
The City circulated the amendment to the FY 2020-21 Annual Action Plan for a 30-day public comment
period from December 1, 2022, through December 30, 2022. After the public comment period
concludes, the City Council will hold a public hearing on January 26, 2023.
City staff conducted a neighborhood meeting on November 3, 2022, to identify the types of
improvements desired by the residents.
A brief description of the activity is provided below. The CDBG funds will provide a valuable funding
source for the City to address the community needs.
Project Name City of Palm Desert – Palma Village Neighborhood Park
Improvements
Goals Supported and Needs
Addressed
Enhance Public Facilities
Funding Amount CDBG: $142,490
FY2020-21 Funded $170,332
FY2020-21 To be Funded $142,490 from the Palma Village Sidewalk
Improvements Project.
Total project: $312,822
Location Description/
Planned Activity
73510 Fred Waring Drive, Palm Desert, CA 92260
The City has a CDBG-eligible census tract bound by Fred Waring
Drive (north), Highway 111 (south), San Pablo Avenue (west)
and Portola Avenue (east). The City requests reallocation of
funds to construct improvements at Palma Village Park, such
as, shade structures with lighting, improvement of lighting and
landscape.
Estimate the number and type
of families that will benefit from
the proposed activities
Approximately 2,405 persons will be served.
Item 3A-4
Page 1 of 5
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 26, 2023
PREPARED BY: Nick Melloni, Senior Planner
REQUEST: CONSIDERATION OF AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION ADOPTING A MITIGATED NEGATIVE
DECLARATION PURSUANT TO THE STATE OF CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), APPROVING A
PRECISE PLAN (PP), AND CONDITIONAL USE PERMIT (CUP) FOR
A 394-UNIT MULTIFAMILY PROJECT DEVELOPMENT ON AN
18.31-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF
FRANK SINATRA DRIVE AND PORTOLA AVENUE (APNs 620-400-
030 AND 620-400-031)
RECOMMENDATION:
1.Conduct the public hearing and receive public testimony.
2. Adopt a Resolution denying the appeal and confirming the Planning Commission’s
approval of Precise Plan/Conditional Use Permit/Environmental Assessment 22-0006,
and thereby approving the development of a 394-unit multifamily apartment
development at the southwest corner of Frank Sinatra Drive and Portola Avenue.
BACKGROUND/ANALYSIS:
Planning Commission Approval:
On December 6, 2022, Hayes Dietrich, LLC (“Applicant”), received approval from the Palm
Desert Planning Commission for Precise Plan/Conditional Use Permit/Environmental
Assessment (PP/CUP/EA) 22-0006 to develop 394 apartment dwellings on an 18.31-acre
vacant site located at the southwest corner of Portola Avenue and Frank Sinatra Drive
(“Project”). The Project approval included the adoption of a Mitigated Negative Declaration
(MND) and Mitigation Monitoring and Reporting Program (MMRP) – See pages 6-7 of
Attachment No. 2. The Project includes eleven (11) three-story walk-up buildings each
containing 24 dwelling units, one (1) three-story walk-up building with 21 dwelling units, and
one (1) three-story elevator building with 109 dwelling units. On-site recreational amenities
include a single-story 17,311-square-foot clubhouse building, a two-story 4,602-square-foot
fitness building, two (2) swimming pools, and open space areas. The Project provides 816
on-site surface and underground parking spaces (2.07 spaces per dwelling unit), including
related off-site improvements consisting of constructing of public sidewalks along street
frontages, striping for bike lanes and turn pockets, constructing three (3) vehicle driveways
and modifications to the raised center median on Portola Avenue.
Item 3B-1
City of Palm Desert
Case Nos. PP/CUP/EA22-0006 – Appeal
Page 2 of 5
At the public hearing, the Planning Commission received public testimony and letters from
residents opposing the Project. The Planning Commission adopted Resolution No. 2826,
with a 4-0 vote (Commissioner Gregory recused), approving the Project. The Planning
Commission staff report is included as Attachment No. 3 of this staff report. The summary
minutes and meeting recording is available for viewing on the City of Palm Desert’s website
at the following URL:
https://cityofpalmdesert.granicus.com/player/clip/829?view_id=3&meta_id=107343&r
edirect=true&h=f9625f003a7bf981297465721c8fdcf1
On December 8, 2022, the City of Palm Desert, as the lead agency for the Project, filed a
Notice of Determination (NOD) with the Riverside County Clerk and State Clearinghouse
pursuant to the requirements of CEQA. The filing of an NOD starts a 30-day statute of
limitations on court challenges to the approval under CEQA (Guidelines Section
15075(g)). The City received notification from the Riverside County Clerk that the 30-
day posting completed on January 9, 2023 (Attachment No. 12).
On December 21, 2022, the Palm Desert City Clerk’s Office received an appeal and fee
from Don Mess (“Appellant") of the Project Approval pursuant to Palm Desert Municipal
Code (PDMC) Section 25.60.080 (Attachment No. 9). The appeal was filed on the 15th
calendar day of the Planning Commission’s decision on the Project. The Reason for Appeal
states that the MND prepared for the Project “violated CEQA, and that an Environmental
Impact Report (EIR) needed to be prepared for the Project instead because substantial
evidence supports fair arguments that the Project will result in potentially significant and
unmitigated impacts in several areas.”
On December 28, 2022, City staff sent a letter to the Appellant via email (attached as
Attachment No. 10) requesting supporting documentation be provided to City staff for
review and inclusion of this staff report, supporting the basis for the Appeal no later than
5:00 p.m. on January 10, 2023.
On January 11, 2023, City staff had not received supportive documentation from the
Appellant. Therefore, this Staff Report does not include any evidence supporting the
reasons provided in the Appeal application.
Appeal Procedures:
Palm Desert Municipal Code Section 25.60.080 establishes procedures for appeals of Land
Use Decisions. The City Council is the designated appeal authority for decisions by the
Planning Commission. According to PDMC Section 25.60.080 (F), the appeal is considered
a de novo (new) hearing, and acting on the appeal, the City Council shall state the basis for
its action. The City Council, as the appeal authority, may act to confirm, modify, reverse the
action of the Planning Commission, the approving authority, in whole or in part, or add or
amend such conditions as it deems necessary. The action of the City Council is final on the
date of the decision and may not be further appealed.
Item 3B-2
City of Palm Desert
Case Nos. PP/CUP/EA22-0006 – Appeal
Page 3 of 5
Figure 1 provides a summary of Appeal Deadline requirements pursuant to PDMC Section
25.60.080. The Appellant filed the application and submitted the fee on December 21, 2022,
within the 15 calendar days appealing the decision of the Planning Commission Approval of
Resolution No. 2826 on December 6, 2022. In addition, the City scheduled a public hearing
within the 40 calendar days of filing the appeal on January 26, 2023.
Figure 1 – Appeal Deadline Requirements
Action Date Required Date Completed
Date of Planning Commission Approval
(Resolution No. 2826) - December 6, 2022
Deadline to file appeal (15 Calendar
Days per PDMC 25.60.080 (A)) December 21, 2022 December 21, 2022
Date to schedule public hearing for
appeal (40 calendar days of filing
appeal per PDMC 25.60.080 (D) (2))
January 30, 2023 January 26, 2023
Appellant’s Request:
The Appellant has submitted an application appealing the decision of the (Attachment No.
9) Planning Commission Resolution No. 2826, stating the reasonings of the appeal as
follows:
The Mitigated Negative Declaration prepared for the “Frank Sinatra and Portola
Multifamily Development” (the “Project”) violates the California Environmental Quality
Act (“CEQA”), and an Environmental Impact Report (“EIR”)) needed to be prepared
for the Project instead because substantial evidence supports fair arguments that the
Project will result in potentially significant and unmitigated impacts in several areas.
PDMC Section 25.60.080 (B) requires that all appeals must specifically state the basis or
grounds of the appeal. The Appellant has failed to present substantial evidence to support
the claim “that an EIR needed to be prepared because substantial evidence supports fair
arguments that the Project will result in potentially signification and unmitigated impacts in
several areas.” CEQA Guidelines Section 15384(a-b) defines substantial evidence to
include “facts, reasonable assumptions predicated upon facts and expert opinion supported
by facts.” The CEQA Guidelines definition also states that “argument, speculation,
unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or
evidence of social or economic impacts which do not contribute to or are not caused by
physical impacts on the environment does not constitute substantial evidence.”
Item 3B-3
City of Palm Desert
Case Nos. PP/CUP/EA22-0006 – Appeal
Page 4 of 5
An Initial Study (IS) is a preliminary analysis prepared for a project to determine whether an
EIR or negative declaration must be prepared pursuant to the requirements of CEQA. The
purpose of the IS is to determine whether there may be a significant environmental impact.
An IS was prepared for the Project evaluating the following 21 factors for potential
environmental impact pursuant to CEQA guidelines:
Figure 2 – Environmental Factors Reviewed
Aesthetics Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Hazards & Hazardous
Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources
Noise Population/Housing Public Services
Recreation Transportation/Traffic Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of
Significance
In the City’s role as the lead agency under CEQA (under Section 21067 of the Public
Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, §
15000 et seq.), and the City of Palm Desert’s Local CEQA Guidelines), the Planning
Commission found that the MND and IS contained a complete and accurate reporting of the
environmental impacts associated with the Project complying with the requirements of the
“City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41. In
addition, the documents were completed in compliance with CEQA, the State CEQA
Guidelines, and the City of Palm Desert local CEQA guidelines. The Planning Commission
further found that all environmental impacts of the Project are either insignificant or can be
mitigated to a less than significant level pursuant to the mitigation measures outlined in the
MND, Initial Study, and the Mitigation Monitoring and Reporting Program (MMRP).
Furthermore, the MND was not substantially revised after public notice of its availability, and
recirculation was not required. (State CEQA Guidelines, § 15073.5.) The MND contains a
complete, objective, and accurate reporting of the environmental impacts associated with
the Project and reflects the independent judgment of the Planning Commission.
The Planning Commission also concluded that the Project was consistent with the approved
General Plan and Zoning. The General Plan Land Use Designation of the Project site is
Town Center Neighborhood (TCN), and the Zoning Designation is Planned Residential 22-
dwelling units per acre (PR-22), where multifamily apartments are permitted, subject to a
Precise Plan (PP) and Conditional Use Permit (CUP). Therefore, there was 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 were
examined and determined not to modify the conclusions of the MND.
Item 3B-4
City of Palm Desert
Case Nos. PP/CUP/EA22-0006 – Appeal
Page 5 of 5
Appellant’s Evidence:
The Appellant has not provided substantial evidence to support the grounds or basis for the
appeal.
Based upon the findings provided by City staff and adopted by the Planning Commission
per Resolution No. 2826, staff recommends the City Council confirm the decision of the
Planning Commission, thereby approving the Project.
Public Input:
Public Notification
Public noticing was conducted for the January 26, 2023, Palm Desert City Council meeting
per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to
65094. A public hearing notice was published a minimum of 10 days before the hearing
date on Sunday, January 15, 2023, in The Desert Sun newspaper. Notices were mailed to
all property owners within 1,000 feet of the Project site.
FINANCIAL IMPACT:
The Project will not have a direct financial impact on the General Fund.
REVIEWED BY:
Deputy Director: Rosie Lua
Department Director: Richard D. Cannone, AICP
City Attorney: Robert W. Hargreaves
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Resolution No. 2023-____
2.Planning Commission Resolution No. 2826
3.Planning Commission Staff Report – December 6, 2022
4.Planning Commission Minutes – December 6, 2022
5.Planning Commission – Public Comment Letters
6.City Council Public Hearing Notice
7.Notification Radius Map
8.Project Plans
9.Appellant Request
10.City Letter to Appellant – December 28, 2022
11.Applicant Letters
12.Project Notice of Determination (NOD)
13.Initial Study/Mitigated Negative Declaration and Appendices
Item 3B-5
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING AN APPEAL AND CONFIRMING THE
DECISION OF THE PLANNING COMMISSION TO ADOPT A MITIGATED
NEGATIVE DECLARATION PURSUANT TO THE STATE OF CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVE A PRECISE
PLAN (PP), CONDITIONAL USE PERMIT (CUP) FOR A 394-UNIT
MULTIFAMILY DEVELOPMENT ON AN 18.31-ACRE SITE LOCATED AT
THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA
AVENUE (APNS 620-400-030 AND 620-400-031)
CASE NOS. PP/CUP/EA 22-0006
WHEREAS, Hayes Dietrich, LLC (“Applicant”), submitted applications for a PP, CUP,
and Environmental Assessment (PP/CUP/EA 22-0006) for the development of a 394-unit
multi-family development consisting of 13 three-story apartment buildings, one (1) single-
story clubhouse building, one (1) two-story fitness center, two (2) swimming pools, outdoor
recreation areas, landscaping, and associated parking areas on an 18.31-acre site,
including related off-site improvements consisting of constructing of public sidewalks along
street frontages, striping for bike lanes and turn pockets, constructing three (3) vehicle
driveways and modifications to the raised center median on Portola Avenue (“Project”); and
WHEREAS, an Initial Study (IS) was prepared for the Project pursuant to the
requirements of CEQA and concluded that a Mitigated Negative Declaration (MND) and
Mitigation Monitoring and Reporting Program (MMRP) be prepared and conduct proper
notifications pursuant to CEQA guidelines, as the Project would have no potentially
significant impacts on the environment with mitigation measures incorporated; and
WHEREAS, on December 6, 2022, the Palm Desert Planning Commission
conducted a duly noticed public hearing and approved the Project adopting the MND and
MMRP by Planning Commission Resolution No. 2826 subject to findings and conditions;
and
WHEREAS, Palm Desert Municipal Code (PDMC) Section 25.60.080 establishes a
15-day appeal period for land use decisions and establishes that the City Council as the
appeal authority for decisions by the Planning Commission; and
WHEREAS, on December 21, 2022, within the 15 calendar days of the Planning
Commission Decision, the City Clerk’s Office of the City of Palm Desert received an appeal
application and fee from Don Mess (“Appellant”) appealing the Planning Commission’s
decision to adopt Planning Commission Resolution No. 2826, stating the Project violated
CEQA and that substantial evidence supports the argument that the Project would have a
significant impact on the environment and that an Environmental Impact Report (EIR)
should have been prepared for the Project; and
WHEREAS, in the City of Palm Desert’s role as the lead agency under CEQA under
Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines
(Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local
CEQA Guidelines, the Planning Commission found that the MND and IS contained a
Item 3B-6
RESOLUTION NO. 2023-
2
complete and accurate reporting of the environmental impacts associated with the Project
complying with the requirements of the “City of Palm Desert Procedure for Implementation
of CEQA” Resolution No. 2019-41. In addition, the documents were completed in
compliance with CEQA, the State CEQA Guidelines, and the City of Palm Desert local
CEQA guidelines. The Planning Commission further found that all environmental impacts of
the Project are either insignificant or can be mitigated to a less than significant level
pursuant to the mitigation measures outlined in the MND, Initial Study, and the Mitigation
Monitoring and Reporting Program (MMRP). Furthermore, the MND was not substantially
revised after public notice of its availability, and recirculation was not required. (State CEQA
Guidelines, § 15073.5.) The MND contains a complete, objective, and accurate reporting of
the environmental impacts associated with the Project and reflects the independent
judgment of the Planning Commission. The Planning Commission also concluded that the
Project was consistent with the approved General Plan and Zoning. The General Plan Land
Use Designation of the Project site is Town Center Neighborhood (TCN), and the Zoning
Designation is Planned Residential 22-dwelling units per acre (PR-22), where multifamily
apartments are permitted, subject to a PP and CUP. Therefore, there was 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 were
examined and determined not to modify the conclusions of the MND; and
WHEREAS, no additional substantial evidence was provided by the Appellant for
consideration; and
WHEREAS, pursuant to the requirements of Section 25.60.080 of the PDMC, the
City Council public hearing was scheduled within 40 days of the receipt of the requested
appeal; and
WHEREAS, the Project site has a land use designation of Town Center
Neighborhood (TCN) in the Palm Desert General Plan adopted November 10, 2016, and a
zoning designation of Planning Residential (PR-22); and
WHEREAS, multifamily residential is a use permitted in the PR-22 zoning district
subject to the approval of a Conditional Use Permit (CUP; and
WHEREAS, the proposed Project is consistent with the development density and
use characteristics considered by the General Plan EIR in the TCN land use designation;
and
WHEREAS, Project is consistent with the objective development standards, as
defined by Gov. Code, § 65589.5, Subd. (h)(2)(B), which were in place at the time that the
application was deemed complete, including but not limited to density, height, setbacks,
parking, open space minimum requirements, and maximum lot coverage; and
WHEREAS, based upon the project consistency with applicable objective standards,
staff is recommending the project be approved pursuant to the requirements of the Housing
Accountability Act Gov. Code, § 65589.5; and
Item 3B-7
RESOLUTION NO. 2023-
3
WHEREAS, the City Council of the City of Palm Desert, California, did on January
26, 2023, hold a duly noticed public hearing to consider the appeal and heard public
testimony; 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
find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
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. Appeal Determination. The City Council in its independent judgment
denies the appeal, thereby confirming the decision by the Planning Commission approving
the Project, which decision it adopts hereby by reference; and
SECTION 3. Findings on Conditional Use Permit. Under PDMC Section 25.72.050(F),
the findings for the Project are the following:
1. That the proposed location of the conditional use is in accord with the objectives of
this title and the purpose of the district in which the site is located.
The project is located within a property designated Planned Residential (PR) 22
dwelling units per acre. The purpose and character of the PR zone is to provide for a
mixture of residential densities ranging from seven (7) to 22 dwelling units per acre
and include mixed housing types and community facilities. The PR zone permits
multi-family uses through a CUP. The project will develop three-story apartments at
a density of 21.5 units per acre and provide a variety of on-site amenities for future
residents of the community. The project conforms to all development standards of
the PR zone and falls within the allowable density range of the subject zoning.
2. That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety,
or welfare, or be materially injurious to properties or improvements in the vicinity.
The site is physically suitable for the proposed multifamily housing development. The
site has suitable access, grading, drainage, and zoning to allow the proposed
development. The Project is not located within a hazardous area that would be
subject to flooding, liquefaction, landslide, fault zones, or other natural hazards. The
project does not generate adverse effects that would cause public health problems.
Ground-disturbing activities are conditioned to prepare plans to control fugitive dust.
Item 3B-8
RESOLUTION NO. 2023-
4
The project includes a traffic study, and it is anticipated the project will not generate
traffic demand or congestion for the area. The proposed project includes hard
surface pedestrian pathways and connections from the public right-of-way to ensure
walkability throughout. All engineering documents, including the preliminary grading
plan and Water Quality Management Plan (WQMP), are under review to ensure the
design of the project incorporates the proper improvements, including adequately
sized retention basins for onsite drainage. In addition, the overall building design
ensures the protection of the public health, safety, and general welfare.
3. That the proposed conditional use will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
The proposed development complies with all setbacks (front, rear, and side yards),
lot coverage, and parking requirements of the PR zone. Specifically, to heights, PR
allows for a building height of 40 feet. The three-story buildings vary in roof heights
between 33 feet and 37 feet with tower elements at 40 feet, which complies with the
zoning standards. The request does not include any variances or adjustments.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City’s General Plan.
The site is physically suitable for the proposed density of development. The
allowable density for the site has been evaluated by the General Plan. The Applicant
has prepared the appropriate technical studies to assess that the site is physically
suitable to develop. The project is compatible with the existing development pattern
within the surrounding area and with the zoning designations for the surrounding
vacant sites. The property is designated Town Center Neighborhood in the General
Plan. Land Use Policy No. 3.21 (Infill Neighborhoods), in existing developed areas,
the City encourages development that repairs connectivity, adds destinations, and
encourages complete neighborhoods. The project is designed with internal
pedestrian access and provides common area recreational amenities available to all
onsite residents (tenants). The proposed project includes private streets, pathways,
and open spaces intended to allow residents (tenants) to enjoy the project’s
amenities, while being able to connect to public pathways, thereby creating a
pedestrian and family-oriented atmosphere.
In addition, Land Use Policy 3.3 (Variety of types of neighborhoods) promotes a
variety of neighborhoods within the City and ensures that neighborhood types are
dispersed throughout the City. The existing homes in the area are a for-sale product,
and the proposed project supports the expansion of housing by providing a for-rent
development within the City. The project promotes multifamily residential that is in
keeping with the mix of higher and lower densities in the area including, single-story
residential developments, which meets the intent of this policy.
SECTION 4. Project Approval. The City Council approves the PP, CUP, EA 22-0006;
and
Item 3B-9
RESOLUTION NO. 2023-
5
SECTION 5. Approval. The City Council approves and adopts the Project, subject
to the Conditions of Approval attached hereto as Exhibit “B.”
SECTION 6. Execution of Resolution. The Mayor signs this Resolution, and the City
Clerk shall attest and certify to the passage and adoption thereof.
ADOPTED ON January 26, 2023.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Desert on January 26, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ______________, 20__.
ANTHONY J. MEJIA
CITY CLERK
Item 3B-10
RESOLUTION NO. 2023-
6
EXHIBIT “A’
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Section
Number
Mitigation Measures Responsible for
Monitoring
Timing Impact After
Mitigation
4. Biological
Resources
BIO-1: Prior to construction
and issuance of any grading
permit, the City of Palm Desert
shall ensure compliance with
the CVMSHCP and its
associated Implementing
Agreement and shall ensure
that payment of the
CVMSHCP Local
Development Mitigation Fee
for the proposed Project is
sent to the Coachella Valley
Conservation Commission
Developer
Planning
Department
Prior to
grading
permits
Less than
significant
BIO-2: The project proponent
shall ensure that burrowing
owl clearance survey is
performed not more than 14
days prior to project site
disturbance (clearing,
grubbing, grading,
construction). If any owls are
identified, the most current
protocol established by the
California Department of Fish
and Wildlife (Burrowing Owl
Mitigation) must be followed. It
is also recommended that a
survey take place 24 hours
prior to ground disturbance as
burrowing owls may colonize
or recolonize the site within the
time between the original
survey and project activities.
Developer
Planning
Department
Qualified Biologist
Prior to any
ground
disturbance
Less than
significant
Item 3B-11
RESOLUTION NO. 2023-
7
Section
Number
Mitigation Measures Responsible for
Monitoring
Timing Impact After
Mitigation
7. Geological
Resources
GEO-1: A qualified
paleontologist shall be
retained and present during
the first days of ground
disturbing activities. Once the
paleontologist has had a
chance to assess the
sediments and paleontological
potential of the project area,
he/she may make a
recommendation to reduce the
monitoring effort, as
appropriate, or continue with
full time monitoring. This
decision shall be
communicated along with the
rationalization to the City for
their records.
Developer
Planning
Department
Qualified Biologist
During
grading and
other
ground
disturbing
activities
Less than
significant
Item 3B-12
RESOLUTION NO. 2023-
8
EXHIBIT “B’
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP/EA 22-0006
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with
the Development Services Department, except as modified by the following conditions.
Any variation from the approved plans must be reviewed and approved by the Planning
Division prior to building permit issuance and may require review and approval by the
Architectural Review Commission, Planning Commission, and/or City Council.
2. The Applicant agrees that in the event of any administrative, legal, or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these Project Approvals for the Project, or the Project Approvals themselves,
the Developer and City each shall have the right, in their sole discretion, to elect
whether or not to defend such action. Developer, at its sole expense, shall defend,
indemnify, and hold harmless the City (including its agents, officers, and employees)
from any such action, claim, or proceeding with counsel chosen by the City, subject to
the Developer’s approval of counsel, which shall not be unreasonably denied, and at the
Developer’s sole expense. If the City is aware of such an action or proceeding, it shall
promptly notify the Developer and cooperate in the defense. The Developer, upon such
notification, shall deposit with City sufficient funds in the judgment of the City Finance
Director to cover the expense of defending such action without any offset or claim
against said deposit to assure that the City expends no City funds. If both Parties elect
to defend, the Parties hereby agree to affirmatively cooperate in defending said action
and to execute a joint defense and confidentiality agreement in order to share and
protect the information under the joint defense privilege recognized under applicable
law. As part of the cooperation in defending an action, City and Developer shall
coordinate their defense in order to make the most efficient use of legal counsel and to
share and protect information. Developer and City shall each have sole discretion to
terminate its defense at any time. The City shall not settle any third-party litigation of
Project Approvals without the Developer’s consent, which consent shall not be
unreasonably withheld, conditioned, or delayed unless the Developer materially
breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards
listed in the PDMC, and state and federal statutes now in force, or which hereafter may be
in force.
4. The PP shall expire if construction of the said Project shall not commence within 24
months from the date of final approval unless an extension of time is granted by the
Item 3B-13
RESOLUTION NO. 2023-
9
Palm Desert Planning Commission; otherwise, said approval shall become null, void,
and of no effect whatsoever.
5. The PP approval is for a 394-unit apartment development, consisting of 13 three-story
buildings, one (1) two-story fitness center, one (1) single-story clubhouse, two (2) pool
areas, private outdoor recreation areas, perimeter sidewalk and landscaping, and off-
site improvements to the existing raised median on Portola Avenue, constructed in a
single-phase.
6. The approved PP shall only be modified with written City approval per PDMC Chapter
25.72.030. Any proposed changes to this PP will require an amendment to the
application, which may result in a new public hearing.
7. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent
with the approved entitlement plans on file with the Development Services Department.
8. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval of Resolution No.
2826 for PP/CUP/EA22-0006 and that the plans submitted are in compliance with the
Conditions of Approval. No modifications shall be made to said plans without written
approval from the appropriate decision-making body.
9. Prior to the issuance of a building permit for construction of any use or structure
contemplated by this approval, the Applicant shall first obtain permits and or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Building and Safety Division
Evidence of said permit or clearance from the above agencies shall be presented to the
Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
10. This Project is subject to payment of the City’s Public Art fee. The fee will be applied
prior to a building permit issuance and shall remain in the City’s public art fund.
11. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the Project area.
12. All exterior lighting sources shall be fully shielded and directed downwards and is
subject to approval by the Development Services Department. Luminaries with total
lamp lumens above 16,000 lumens shall not be used. Prior to building permit issuance,
Item 3B-14
RESOLUTION NO. 2023-
10
the Applicant shall submit plans for outdoor lighting as required by PDMC Section
24.16.030 and include glare ratings and color temperature for all exterior light fixtures.
13. Access to trash and service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by the applicable waste company and the
Development Services Department and shall include a recycling program and organic
waste program as required by law.
14. All trash enclosures shall be designed to match the preliminary plans showing eight-
foot-tall (8’) CMU walls finished with stucco to match primary buildings and a trellis roof.
Prior to the building permit issuance, the Applicant shall submit a landscape
construction application for approval by the Development Services Department and
Coachella Valley Water District.
15. Final landscape and irrigation documents shall be prepared by a landscape architect
registered with the State of California and shall be submitted to the Development
Services Department and the CVWD for review and approval. All sheets shall be
signed by the landscape architect and shall include the license number and the
expiration date. The landscape plan shall conform to the preliminary landscape plans
prepared as part of this application and shall include dense plantings of live landscape
material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a
minimum 24-inch box in size.
A. The Applicant shall submit final landscape construction plans to the Palm Desert
Development Services Department for review and acceptance prior to submittal
to CVWD.
16. All Project irrigation systems shall function properly, and landscaping shall be
maintained in a healthy and thriving condition. The maintenance of landscaping and the
irrigation system shall be permanently provided for all areas of the Project site, as well
as walkways and the portion of public right-of-way abutting the Project site (parkways).
Furthermore, the plans shall identify responsibility for the continued maintenance.
17. Prior to the issuance of the Certificate of Occupancy, the Project shall record a
landscape maintenance agreement for all landscaping located within the public right-of-
way.
18. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect
shall submit written verification to the Planning Division that the landscaping and
irrigation have been installed per the approved landscape plan.
19. All exterior and rooftop equipment and all appurtenances thereto shall be completely
screened from public view by walls or roof screens that are architecturally treated to be
consistent with the building. The final construction plans shall include appropriate
drawings demonstrating how such equipment is to be screened from view.
Item 3B-15
RESOLUTION NO. 2023-
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20. All roof drainage systems and devices shall be designed such that they are fully
screened from view from all public streets. Drainage devices, including but not limited to
down-spouts, shall not be located on any street-facing building elevation or area that is
clearly visible from the public right-of-way. Drainage devices shall be fully integrated
into the building structure and located within the exterior walls of the structure.
21. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public
street or adequately screened using landscaping and/or masonry walls.
22. Exterior building elevations showing building wall materials, roof types, exterior colors,
and appropriate vertical dimensions shall be included in the development construction
drawings.
23. All roof access ladders shall be located on the inside of the building and shall be fully
screened by rooftop parapets.
24. All parking spaces shall be clearly marked with white or yellow paint or other easily
distinguished material. Except as required by the state and the Americans with
Disability Act (ADA) requirements, all markings shall be a minimum four-inch (4”) wide
double (“hairpin” style) stripe designed to provide 18 inches measured outside to
outside under City Council Resolution No. 01-5.
25. The Applicant shall provide a minimum of 788 on-site parking spaces or two (2) parking
spaces per dwelling unit. The Applicant shall provide a minimum of one (1) covered
parking stall to each dwelling unit.
26. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
27. A copy of the herein-listed Conditions of Approval shall be included in the construction
documentation package for the Project, which shall be continuously maintained on-site
during Project construction.
28. Prior to a permit issuance, the Applicant shall submit plans for the final design of all site
fences and walls subject to review and approval by the Palm Desert Development
Services Department. The design of the walls shall be consistent with the height,
material, and design (smooth plaster finish, pilasters spaced no less than 30’-0” apart,
and cap) on the approved conceptual landscape plan.
A. The Applicant shall provide a detailed construction plan for all access gates to
staff prior to permit issuance.
B. All ground-mounted HVAC shall be screened by a minimum 42-inch low wall or
greater to screen the equipment. The design of the wall shall be consistent with
site walls and as shown on the approved preliminary landscape plans.
Item 3B-16
RESOLUTION NO. 2023-
12
29. All parking areas adjacent to a public street shall be screened by a minimum 48-inch
block wall or 48-inch-tall landscape hedge.
30. The Applicant shall construct the pedestrian circulation network as shown on the
approved preliminary site plan and provide pedestrian access points adjacent to all
vehicular driveways as shown on the approved preliminary site plan.
31. All mitigation measures identified in the Mitigated Negative Declaration shall be
incorporated into the planning, design, development, and operation of the Project.
32. The Applicant shall install monument signage at the primary project entry and the
southwest corner of the intersection of Frank Sinatra Drive and Portola Avenue. The
final design shall be subject to review and approval by the Development Services
Department and shall substantially conform with the preliminary exhibits shown and
conform with all applicable requirements of PDMC Chapter 25.56.
A. The Applicant shall install a prominent corner monument at the southwest corner
of the intersection of Frank Sinatra Drive and Portola Avenue. The final design
shall substantially match the detail shown on preliminary Landscape Plan L-2-1
dated October 18, 2022, and shall include raised planters, stone wall
monumentation, and Palm tree cluster consisting of now less than a combination
of ten (10) phoenix dactylifera and Washingtonia Filifera palm trees.
B. The Applicant shall install a decorative entry at the main entry on Portola
Avenue. The final design shall substantially match the detail shown on the
preliminary Landscape Plan L-2-1 dated October 18, 2022, and shall include
interlocking concrete pavers, monument signage, stone walls, and palms lining
the entry.
33. The Applicant shall provide payment for filing fees for the Notice of Determination
within five (5) days of project approval.
34. Prior to a Certificate of Occupancy, the Applicant shall submit a parking management
plan for the underground parking area tandem spaces for staff review
35. The Applicant shall construct site amenities, including two (2) swimming pools, a fitness
building, a clubhouse building, and open space areas, including a yoga lawn, putting
green, outdoor barbeque areas, and a dog park. The dog park shall be adequately
separated from adjacent residential buildings to prevent adverse noise or odor impacts.
36. The Applicant shall provide interlocking concrete pavers at the primary project entry on
Portola Avenue and coordinate all plans to ensure consistency. The decorative pavers
shall be kept clear from the public right-of-way.
37. The secondary northern and southern access points shall be limited to egress only and
provide gates that do not obstruct the public right-of-way.
Item 3B-17
RESOLUTION NO. 2023-
13
38. Prior to permit issuance, the final construction drawings for the apartments and
community buildings shall return to the Architecture Review Commission to verify the
final drawings substantially conform to the preliminary plan set.
39. The Applicant shall install additional landscaping for screening purposes along Frank
Sinatra Drive, west of Portola Avenue, and east of Shepherd Lane; and the landscape
plans shall be reviewed and approved by City staff and shall be installed prior to the
Certificate of Occupancy of the first building.
40. Prior to the building permit issuance, the Applicant shall submit an alternative exterior
color scheme for Building No. 2, as shown on the CUP Site Plan dated October 3,
2022, for review and approval by the Director of Development Services.
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
41. The following plans, studies, and exhibits are hereby referenced: Preliminary Grading,
prepared by MSA Consulting, Inc. and dated October 3, 2022; Preliminary Utility Plan,
prepared by MSA Consulting, Inc. and dated October 2022; Preliminary Hydrology
Report, prepared by MSA Consulting, Inc. and dated September 30, 2022; and
Preliminary Water Quality Management Plan (WQMP), prepared by MSA Consulting,
Inc. dated September 30, 2022.
42. It is assumed that easements shown on the preliminary grading exhibit are shown
correctly and include all the easements that encumber the subject property. A current
preliminary title report for the site will be required to be submitted with the technical
plan. The Applicant shall secure approval from all, if any, easement holders for all
grading and improvements which are proposed over the respective easement or
provide evidence that the easement has been relocated, quitclaimed, vacated,
abandoned, easement holder cannot be found, or is otherwise of no effect. Should
such approvals or alternate actions regarding the easements not be provided and
approved by the City, the Applicant may be required to amend or revise the proposed
site configuration as may be necessary.
43. It is understood that the conceptual exhibits correctly show acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with
appropriate Qs and that the omission or unacceptability may require that the Applicant
amend or revise the site plan as may be.
44. All private streets and common areas will be permitted as shown on the conceptual
exhibit subject to these Conditions of Approval and the Applicant providing adequate
provisions, as approved by the City Engineer and City Attorney, for the continued and
perpetual maintenance of these streets, common areas, and on-site post construction
Best Management Practices (BMPs) to the satisfaction of the City Engineer and City
Attorney.
Item 3B-18
RESOLUTION NO. 2023-
14
45. The Applicant shall pay all, appropriate signalization fee prior to the issuance of the first
building permit for the development in accordance with the City’s Resolution No. 79-17
and 79-55.
46. Prior to the grading permit issuance, the Applicant shall pay all, appropriate drainage
fees in accordance with PDMC Section 26.49 and Palm Desert Ordinance No. 653.
47. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
48. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
49. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No
grading or other improvements shall be permitted until a final grading plan has been
approved by the City Engineer. Grading plans and all grading shall conform to the
approved Conceptual Grading Plan, the California Building Code, the City’s Municipal
Code Title 27 Grading, and all other relevant laws, rules, and regulations governing
grading in the city of Palm Desert.
50. The grading plan shall provide for acceptance and proper disposal of all off-site
drainage flowing onto or through the site. Should the quantities exceed the street
capacity, the Applicant shall provide adequate drainage facilities and/or appropriate
easements as approved by the City Engineer.
51. The grading plan shall provide for the protection of downstream properties from
damages caused by alteration of the drainage patterns, i.e., concentration or diversion
of flow.
52. Pad elevations, as shown on the conceptual exhibit, are subject to review and
modification in accordance with Chapter 27 of the PDMC.
53. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood
hazard/hydrology and hydraulics report for approval of the City Engineer.
54. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with
evidence that a Notice of Intent (NOI) has been filed with the State Water Resources
Control Board. Such evidence shall consist of a copy of the NOI stamped by the State
Water Resources Control Board or the Regional Water Quality Control Board, or a
letter from either agency stating that the NOI has been filed.
55. The Applicant shall submit a final Hydrology and Hydraulics Report for the entire site.
The report shall be in compliance with all relevant laws, rules, and regulations
governing the City of Palm Desert.
Item 3B-19
RESOLUTION NO. 2023-
15
56. All drainage and storm drain improvements shall be designed in accordance with the
City’s Municipal Code Title 24, Riverside County Flood Control and Water Conservation
District’s standards for the Drainage Element of the Palm Desert General Plan, and all
other relevant laws, rules, and regulations governing grading in the city of Palm Desert.
57. Prior to issuance of a grading permit, the Applicant shall submit a PM10 application for
review and approval. The Applicant shall comply with all provisions of the City’s
Municipal Code Section 24.12 regarding Fugitive Dust Control.
58. Prior to issuance of a grading permit, the Applicant shall submit a Storm Water
Pollution Prevention Plan (SWPPP) for review and approval of the Land Development
department.
59. Where grading involves import or export, the Applicant shall obtain permits, from the
Public Works Department, including import/export quantities and hauling route.
60. It shall be the sole responsibility of the Applicant to obtain any and all proposed or
required easements and/or permissions necessary to perform the grading shown on
the tentative grading plan exhibit. Proof shall be provided to the Land Development
Division prior to the issuance of a grading permit.
61. Prior to a grading permit and if grading is required off-site, the Applicant shall obtain
written permission from the property owner(s) to grade as necessary and provide a
copy to the Engineering Department.
62. Prior to the issuance of a grading permit, the Applicant shall submit a signed and
notarized WQMP Operations and Maintenance Agreement to the City. The agreement
shall provide for the maintenance and operation of open space areas, common spaces
such as parking lots and recreational facilities, trash disposal for common areas, and
water quality BMP facilities, by either the property owner's association or the owners of
each individual lot or unit as tenants in common.
63. Prior to the issuance of a grading permit and in compliance with the City of Palm Desert
Municipal Code Chapter 27.24, the Applicant shall enter into an agreement and post
financial security guarantee for all grading work related to this project.
64. Prior to the issuance of a grading permit, the Applicant shall submit for review and
approval of the City Engineer a final Geotechnical Report that includes project-specific
recommendations.
65. Upon completion of grading, the project Geotechnical Engineer shall certify to the
completion of rough grading in conformance with the approved grading plans and the
recommendations of the geotechnical report approved for this project. A licensed land
surveyor shall certify to the completion of grading in conformance with the lines and
grades shown on the approved grading plans.
Item 3B-20
RESOLUTION NO. 2023-
16
66. It is assumed that the grading and the provisions for water quality management shown
on the conceptual grading exhibit can comply with all requirements for a Final Water
Quality Management Plan (F-WQMP) without substantial change from that shown. Prior
to approval of the grading plan, Landowner shall prepare, or cause to be prepared, a
Final WQMP in conformance with the requirements of the Riverside County Flood
Control and Water Conservation District (RCFC&WCD) Whitewater River Watershed
area for approval of the City Engineer.
67. The Applicant shall submit a final Water Quality Management Plan. The report shall be
in compliance with all relevant laws, rules, and regulations governing the City of Palm
Desert.
68. All post-construction BMPs shall be designed based on the City of Palm Desert’s
maximum infiltration criteria of one inch/hour unless otherwise approved by the City
Engineer.
69. Prior to the issuance of a grading permit, the Applicant shall submit plans for review
and approval of the City Engineer for all public improvements, including but not limited
to street and roadway improvements and landscape and irrigation improvements.
70. Prior to the issuance of an encroachment permit for public improvements and/or map
recordation, whichever comes first, the Applicant shall enter into an agreement and
post financial security guarantee for the construction of all off-site/public improvements
in accordance with Chapter 27.24 of the PDMC. The form and amount of the financial
security shall be reviewed and approved by the City Engineer. The Applicant shall
guarantee all improvements for a period of one year from the date of final acceptance,
and the improvement guarantee shall be backed by a bond or cash deposit in the
amount of ten percent of the surety posted for the improvements.
71. Prior to the grading permit issuance, the Applicant shall submit grading and
improvement plans for all private (on-site), improvements for review and approval of the
City Engineer. Signing and striping shall be part of the plans and shall include stop
signs and stop bars for vehicles exiting the development via the approved driveways.
72. Prior to the building final inspection, the Applicant is responsible for the completion of
construction of all grading and improvements for which plans are required and shall
comply with all requirements within public and private road rights-of-way.
73. Modifications, if any, to approved plans shall be submitted to the City for review as
delta revisions and will require approval of the City Engineer.
74. Prior to the grading permit issuance, the Applicant shall submit improvement plans for
Frank Sinatra Drive. The Applicant is responsible for the construction and installation of
improvements for Frank Sinatra Drive per the following:
A. Prior to the issuance of a building Certificate of Occupancy for the first building of
the development, the Applicant shall construct parkway improvements along site
Item 3B-21
RESOLUTION NO. 2023-
17
frontage from Portola Avenue to the site boundary to the west, including
meandering sidewalk, and landscape and irrigation improvements, as approved
by the City Engineer.
B. The Applicant shall provide one (1) driveway that shall be limited to right-out
movements only. The location and design shall be per the approved conceptual
exhibits and the Palm Desert Standard Drawings and Specifications.
C. The Applicant shall construct ADA compliant depressed curbs and access ramps
at site access driveways that are in compliance with the City of Palm Desert
design standards and in accordance with the latest version of the Public Rights-
of-Way Accessibility Guidelines (PROWAG). Existing sidewalks and curb ramps
along the project frontage shall be inspected for ADA compliance. Applicant will
be required to update, upgrade, and restore any damaged sidewalk panels as
approved by the City Engineer.
D. Sight distance at the Project driveway shall be verified using American
Association of Highway and Transportation Officials (AASHTO) guidelines.
E. The Applicant shall provide a Class 2 bicycle lane along the project frontage. The
design shall follow Coachella Valley AG Active Transportation Planning (CVAG
ATP) Design Guidelines Section 5.3.
F. The Applicant will be required to provide appropriate bicycle lane legends per
Palm Desert Standard Detail Drawing 205, 205D, and 205E.
G. The Applicant shall show, as reference only, all existing and proposed utility
connections. Utility plans shall be processed and approved by Coachella
Valley Water District (CVWD).
75. Prior to the grading permit issuance, the Applicant shall submit improvement plans for
Portola Avenue. The Applicant is responsible for the construction and installation of
improvements for Portola Avenue, including, but not limited to:
A. The Applicant shall construct parkway improvements along the site frontage from
the Frank Sinatra Drive intersection to the site boundary to the south. Including
landscape and irrigation improvements and a meandering sidewalk.
B. The Applicant shall provide two driveways; the northerly driveway shall be the
primary access point to the site and shall be restricted to right-in, right-out, and
left-in movements; the southerly driveway shall be restricted to right-out
movements only.
C. The Applicant shall construct ADA compliant depressed curbs and access ramps
at site access driveways that are in compliance with the City of Palm Desert
design standards and in accordance with the latest version of the PROWAG.
Existing sidewalks and curb ramps along the project frontage shall be inspected
for ADA compliance. Applicant will be required to update, upgrade, and restore
any damaged sidewalk panels as approved by the City Engineer.
D. Sight distance at project driveways shall be verified using AASHTO guidelines.
E. The Applicant shall provide a Class 2 bicycle lane along the project frontage.
Revisions to the existing Class 2 bicycle lane in order to accommodate the right
turn into the project main access will require review and approval of the City
Engineer. The design shall follow Coachella Valley Association of Governments
Item 3B-22
RESOLUTION NO. 2023-
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Active Transportation Planning (CVAG ATP) Design Guidelines and be approved
by the City Engineer.
F. The Applicant will be required to provide a southbound right-turn lane for access
to the site at the main access point. Turn lane shall be designed according to
AASHTO Green Book and Caltrans Highway Design Manual.
G. The Applicant will be required to provide appropriate bicycle lane legends per
Palm Desert Standard Detail Drawing 205, 205D, and 205E.
H. The Applicant shall construct a median opening to accommodate a left-turn lane
movement from northbound Portola Avenue onto development at the northerly
Portola Avenue driveway with a minimum of 200 feet storage length. Design shall
consider existing left-turn lane movement from southbound Portola onto Retreat
Circle N. The design shall be reviewed and approved by the City Engineer.
I. The Applicant shall restripe the existing lane configuration to accommodate
dedicated a right-turn lane onto the development at the northerly Portola Avenue
driveway with a minimum of 200’-0” pocket length, or as approved by the City
Engineer. The design shall be per AASHTO Green Book and Caltrans Highway
Design Manual and be reviewed and approved by the City Engineer.
76. Prior to grading permit issuance, the Applicant shall provide a full-scale signing and
striping improvement plan for Portola Avenue as a separate set of plans from street
improvement plans for review and approval of the City Engineer. Signing and striping
plans shall show existing improvements and modifications including, but not limited to,
bike lanes, median break(s), travel lanes, pavement markings, turning arrows, etc.
77. Prior to grading permit issuance, the Applicant shall provide a full-scale signing and
striping improvement plan for Frank Sinatra Drive as a separate set of plans from street
improvement plans for review and approval of the City Engineer. Signing and striping
plans shall show existing improvements and modifications including, but not limited to,
bike lanes, median break(s), travel lanes, pavement markings, turning arrows, etc.
BUILDING AND SAFETY DIVISION:
78. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Residential Code and its appendices and standards.
C. California Plumbing Code and its appendices and standards.
D. California Mechanical Code and its appendices and standards.
E. California Electrical Code.
F. California Energy Code.
G. California Green Building Standards Code.
H. Title 24, California Code of Regulations.
I. California Fire Code and its appendices and standards.
79. This project will fall under the review and compliance of Chapters 11-A and Chapter 11-
B of the 2019 California Building Code.
Item 3B-23
RESOLUTION NO. 2023-
19
80. The Applicant shall coordinate directly with:
Riverside County Fire Marshal’s Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montañas Road, Suite 201
Palm Desert, CA 92211
81. Plan approval must be obtained from the County of Riverside Department of
Environmental Health (Health Department) before constructing or altering structures or
equipment (such as fencing and decking). The Applicant shall coordinate directly with
the Health Department for the application, plans, and specifications.
82. All trash enclosures are required to be accessible. Provide an accessible path of travel
to the trash enclosure. Trash enclosures shall comply with the minimum requirements
established by Section 8.12 of the PDMC.
83. All contractors and subcontractors shall have a current City of Palm Desert Business
License before permit issuance per PDMC, Title 5.
84. All contractors and/or owner-builders must submit a valid Certificate of Workers’
Compensation Insurance coverage before the issuance of a building permit per California
Labor Code, Section 3700.
85. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC Section
15.28). Compliance with Ordinance 1351 regarding street address location, dimension,
stroke of line, distance from the street, height from grade, height from the street, etc.,
shall be shown on all architectural building elevations in detail. Any possible
obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may
render the building address unreadable shall be addressed during the plan review
process. The Applicant may request a copy of Ordinance 1351 or PDMC Section 15.28
from the Building and Safety Division counter staff.
FIRE DEPARTMENT:
86. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the
water system shall be submitted to the fire department for review and approval. The
water system shall be capable of delivering 4,000 GPM at 20 psi for a four-hour (4)
duration. Fire hydrant location and spacing shall comply with the fire code. An
approved water supply for fire protection during construction shall be made available
prior to the arrival of combustible materials on site. Reference 2019 California Fire
Code (CFC) 507.5.1, 3312, Appendices B and C.
87. Fire Department Access: Prior to building permit issuance, a fire access site plan shall
be approved. The access roads shall be capable of sustaining 60,000 lbs. over two
axles and 75,000 lbs. over three axles in all weather conditions. Alternatives to asphalt
and concrete shall be certified by a professional engineer and approved by the Fire
Item 3B-24
RESOLUTION NO. 2023-
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Code Official. Approved vehicle access, either permanent or temporary, shall be
provided during construction. CFC 503.1.1, 3310.1 and 503.2.1.
88. Requests for installation of traffic calming designs/devices on fire apparatus access
roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC
503.4.1.
89. Phased Construction Access: If construction is phased, each phase shall provide
approved access for fire protection prior to any construction. Ref. CFC 503.1.
90. Construction Permits: Building construction plans shall be submitted to the Office of the
Fire Marshal for review and approval. Additional fire and life safety conditions may be
determined during this review.
91. Fire sprinkler system risers shall not be obstructed in any manner. If a system riser is to
be concealed by means of a wall, soffit, column, or other building construction, it shall
be provided with 18-inch clearance to each side and to the front of the system riser.
Access shall be provided by means of a door with the minimum dimensions two (2) feet
six (6) inches in width by six (6) feet eight (8) inches in height from the exterior of the
building directly to the riser as approved by the fire code official Ref. RVC Fire IB 06-
07.
92. Fire Alarm and Detection System: A water flow monitoring system and/or the fire alarm
system may be required and will be determined at the time of the building plan review.
Ref. CFC 903.4, CFC 907.2 and NFPA 72.
93. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox
Box shall be installed in an accessible location approved by the Office of the Fire
Marshal. Gates installed across access walkways and maintained locked shall be
provided with approved Knox equipment. Electric gate operators shall be provided with
Knox key switches. Electric gate operators shall also be connected to a remote signal
receiver compatible for use with the preemption devices on the Riverside County fire
apparatus. The gate shall automatically open upon receiving a remote signal from the
fire apparatus and remain in the fully open position. Ref. CFC 506.1
94. Construction Permits: Prior to the building permit issuance, building construction plans
shall be submitted to the Office of the Fire Marshal for review and approval. Construction
plans for solar photovoltaic power systems and electrical energy storage systems
(ESS) shall be provided to the Office of the Fire Marshal for review and approval. (CFC
1206)
95. Fire Sprinkler System: All new commercial structures 3,000 square feet or larger shall be
protected with a fire sprinkler system. All new apartment buildings shall be protected with
fire sprinklers regardless of building size. Ref CFC 903.2.8 and CFC 903.2 as amended
by the City of Palm Desert.
Item 3B-25
RESOLUTION NO. 2023-
21
96. Fire sprinkler system risers shall not be obstructed in any manner. If a system riser is to
be concealed by means of a wall, soffit, column, or other building construction, it shall be
provided with 18-inch clearance to each side and to the front of the system riser.
Access shall be provided by means of a door with the minimum dimensions of two (2)
feet, six (6) inches in width by six (6) feet, and eight (8) inches in height from the exterior
of the building directly to the riser as approved by the fire code official. (Ref. RVC Fire
IB 06-07)
97. Fire Alarm and Detection System: A water flow monitoring system and/or the fire alarm
system may be required and determined at the time of the building plan review. (Ref.
CFC 903.4, CFC 907.2 and NFPA 72)
98. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box
shall be installed in an accessible location approved by the Office of the Fire Marshal.
Electric gate operators shall be provided with Knox key switches. Electric gate operators
shall also be connected to a remote signal receiver compatible for use with the
preemption devices on the Riverside County fire apparatus. The gate shall automatically
open upon receiving a remote signal from the fire apparatus and remain in the fully open
position for a minimum of 30 seconds. (Ref. CFC 506.1).
99. Addressing: Addressing: All residential dwellings and commercial buildings shall
display street numbers, building number/letter designators, and unit designators in a
prominent location on the street side of the premises and additional locations as
required. The premises shall have an illuminated diagrammatic representation of the
actual site layout, which shows the name of the complex, all streets, building
designators, unit numbers, and fire hydrant locations within the complex. These
directories shall be a minimum of 4’ x 4’ in dimension and located next to roadway
access. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard
#07-01
END OF CONDITIONS OF APPROVAL
Item 3B-26