HomeMy WebLinkAboutPost-Meeting Agenda Package - Palm Desert City Council - Regular Meeting_Nov13_2025
PALM DESERT CITY COUNCIL
REGULAR MEETING POST-MEETING AGENDA
Thursday, November 13, 2025
Closed Session 3:15 p.m.; Regular Session 4:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library
Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting
allowing public access via teleconference or in person, and up to two Councilmembers may attend
remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Meeting Agendas” link at the top of the homepage, or on
the City's YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA EMAIL
Send your comments by email to: CityClerk@palmdesert.gov.
Emails 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. Emails will not be read aloud at the meeting.
OPTION 2: LIVE VIA ZOOM
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833
6744 9572.
1.
OPTION 3: LIVE VIA TELEPHONE
(213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1.
Indicate that you are a participant by pressing # to continue.2.
During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to
announce your name/phone number. Press *6 to unmute your line and limit your comments
to three minutes.
3.
Pages
1.CALL TO ORDER - CLOSED SESSION - 3:15P.M.
2.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 utilize one of the three options listed on the first
page of this agenda.
3.RECESS TO CLOSED SESSION
4.CLOSED SESSION AGENDA
The following items will be considered in closed session:
4.a Closed Session Meeting Minutes: October 23, 2025
4.b Conference with Real Property Negotiations pursuant to Government Code
Section 54956.8
Property Description: 44-911 Cabrillo Ave / APN 625-082-022, 023
Agency: City of Palm Desert
City Negotiator: Chris Escobedo/Richard Cannone/Martin Alvarez
Negotiating Parties: All About Families, Inc.
Under Negotiation: Price and Terms
5.ROLL CALL - REGULAR MEETING - 4:22 P.M.
6.PLEDGE OF ALLEGIANCE
Councilmember Nestande
7.INSPIRATION
Councilmember Pradetto.
8.REPORT OF CLOSED SESSION
City Attorney Shah
9.AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION – BIRGIT AND POUL MOLLER 9
9.b AWARDS: CIVIC ACADEMY FALL 2025 GRADUATES
9.c PRESENTATION: UCR PALM DESERT CENTER PROGRAMS AND
INITIATIVES
11
10.CITY MANAGER COMMENTS
10.a SHERIFF DEPARTMENT UPDATE
11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Palm Desert City Council Meeting Agenda
December 12, 2024
2
12.NONAGENDA PUBLIC COMMENTS 25
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 utilize one of
the three options listed on the first 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.
13.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.
RECOMMENDATION:
To approve the consent calendar as presented.
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND
HOUSING AUTHORITY MINUTES
33
RECOMMENDATION:
Approve the Minutes of October 23, 2025.
13.b APPROVAL OF WARRANT REGISTERS 45
RECOMMENDATION:
Approve the warrant registers issued for the period 10/17/2025 to
10/30/2025.
13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
83
RECOMMENDATION:
Receive and file applications for Alcoholic Beverage Licenses for:
The Real Italian Deli Sogno Fatto 44795 San Pablo Ave Ste. 1,
Palm Desert, CA 92260-3578.
•
Red Barn 73290 Highway 111, Palm Desert, CA 92260-3903.•
13.d ADOPTION OF ORDINANCE NO. 1436 APPROVING A ZONING
ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE
PALM DESERT MUNICIPAL CODE TO ADD SINGLE FAMILY
RESIDENTIAL AND DAY CARE CENTERS AS AN ALLOWED LAND USE
TYPE AND MAKING A FINDING OF EXEMPTION UNDER C
91
RECOMMENDATION:
Adoption of Ordinance No. 1436 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESEERT, CALIFORNIA
APPROVING A ZONING ORDINANCE AMENDMENT TO MODIFY TITLE
25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE TO ADD
SINGLE FAMILY RESIDENTIAL AND DAY CARE CENTERS AS AN
ALLOWED LAND USE TYPE AND MAKING A FINDING OF EXEMPTION
UNDER CEQA. CASE NOS. ZOA25-0001.”
Palm Desert City Council Meeting Agenda
December 12, 2024
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13.e RATIFICATION OF SIGN-ON LETTER SUPPORTING INCLUSION OF
FY26 COMMUNITY PROJECT FUNDING AND CONGRESSIONALLY
DIRECTED SPENDING PROJECTS IN FEDERAL APPROPRIATIONS
97
RECOMMENDATION:
Ratify the City’s participation in a sign-on letter urging Congressional
leadership to include Fiscal Year 2026 Community Project Funding and
Congressionally Directed Spending projects in any final federal
appropriations agreement.
13.f RATIFICATION OF LETTER SUPPORTING THE LIVING DESERT ZOO
AND GARDENS’ GECKO GULCH PLAYGROUND OF DISCOVERY &
INCLUSION
101
RECOMMENDATION:
Ratify the issuance of the letter supporting The Living Desert Zoo and
Gardens’ Gecko Gulch Playground of Discovery & Inclusion and its grant
application to the Honda Mobility Grant Program.
13.g RATIFICATION OF LETTER SUPPPORTING THE LIVING DESERT ZOO
AND GARDENS’ CENTRAL VALLEY POLLINATOR PATHWAY PROJECT
105
RECOMMENDATION:
Ratify the issuance of the letter supporting The Living Desert Zoo and
Gardens’ Central Valley Pollinator Pathway Project and its grant application
to the Coachella Valley Mountains Conservancy.
13.h RATIFICATION OF LETTER SUPPORTING THE COLLEGE OF THE
DESERT’S PROPOSED BACHELOR OF ARTS DEGREE IN CASINO
AND INTEGRATED RESORT MANAGEMENT
109
RECOMMENDATION:
Ratify the issuance of the letter supporting College of the Desert’s
proposed Bachelor of Arts in Casino and Integrated Resort Management
degree program and its submission to the California Community Colleges
Chancellor’s Office.
13.i DEACCESSION OF SWIM DIVE PLAY BY ARTIST PAUL HOBSON 113
RECOMMENDATION:
Approve the deaccession of SWIM DIVE PLAY by artist Paul Hobson
located at the Palm Desert Aquatic Center.
13.j REJECT ALL PROPOSALS SUBMITTED UNDER REQUEST FOR
PROPOSAL 2024-RFP-149, PALM DESERT AQUATIC CENTER
MARKETING SERVICES.
129
RECOMMENDATION:
Reject all proposals submitted under Request for Proposal 2024-RFP-149
for Palm Desert Aquatic Center Marketing Services.
Palm Desert City Council Meeting Agenda
December 12, 2024
4
13.k AWARD A CONTRACT TO AMERICAN ASPHALT SOUTH, INC., FOR
THE WALK AND ROLL PD PHASE 2 PROJECT (PROJECT NO.
CST00002)
131
RECOMMENDATION:
Make a finding that the project is categorically exempt from further
review under the California Environmental Quality Act guidelines,
Class 1 of Section 15301, and authorize the City Engineer to
submit a Notice of Exemption.
1.
Award a contract to American Asphalt South, Inc., of Riverside,
CA, for the Walk and Roll PD Phase 2 Project in the amount of
$2,259,091.50, plus a $225,000 contingency.
2.
Authorize the City Attorney to make any necessary non-monetary
changes to the agreement.
3.
Authorize the City Manager to execute the agreement and any
written requests for change orders up to the contingency amount,
amendments, and any other documents necessary to effectuate
this action, in accordance with Section 3.30.170B of the Palm
Desert Municipal Code.
4.
Authorize the City Manager to execute the Notice of Completion
(NOC) and the City Clerk to file the NOC upon satisfactory
completion of the Project.
5.
14.ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time
limit. Speakers may utilize one of the three options listed on the first page of the
agenda.
14.a RESOLUTION APPROVING A DENSITY BONUS AGREEMENT AND
GRANTING ONE WAIVER FOR THE AFFIRMED HOUSING
AFFORDABLE HOUSING PROJECT
171
RECOMMENDATION:
Adopt Resolution 2025-071 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A DENSITY BONUS AGREEMENT AND APPROVING ONE (1) WAIVER
FOR THE AFFIRMED HOUSING AFFORDABLE HOUSING PROJECT
LOCATED AT THE NORTHWEST CORNER OF COOK STREET AND
FRANK SINATRA DRIVE (ASSESSOR’S PARCEL NUMBER 694-200-
021).”
Palm Desert City Council Meeting Agenda
December 12, 2024
5
14.b AWARD PROGRESSIVE DESIGN-BUILD CONTRACT TO TILDEN-COIL
CONSTRUCTORS, INC., FOR NEW LIBRARY FACILITY (PROJECT NO.
CFA00027) AND FIND THAT THE PROJECT IS CATEGORICALLY
EXEMPT FROM CEQA
293
RECOMMENDATION:
For purposes of City Policy FIN-009, find that the existing two-story
building at the Parkview Complex is surplus and is suitable for
demolition as the building is no longer functional or needed for
public use.
1.
Award a Progressive Design-Build Contract to Tilden-Coil
Constructors, Inc., of Palm Desert, California, in the amount of
$1,737,227, plus a $170,000 contingency for unforeseen
expenses.
2.
Authorize the City Attorney to make necessary non-monetary
changes to the agreement.
3.
Authorize the City Manager to execute the agreement and any
written requests for change orders up to the contingency amount,
amendments, and any other documents necessary to effectuate
this action, in accordance with Palm Desert Municipal Code
Section 3.30.170(B).
4.
Authorize the City Manager to execute an Early Construction
Package Amendment, in the amount of $1,326,732, for the
demolition of the Parkview Office Building, in accordance with
Palm Desert Municipal Code Section 3.30.170(B).
5.
Authorize the City Manager to execute the Notice of Completion
(NOC) and the City Clerk to file the NOC upon satisfactory
completion of the Project
6.
Make a finding that the above actions are categorically exempt
from further review under the State CEQA Guidelines, Sections
15302 (Replacement or Reconstruction) and 15332, (In-Fill
Development Projects), and authorize the City Engineer to file a
Notice of Exemption.
7.
14.c PROPOSED PALM DESERT 2026 SOCIAL MEDIA COMMEMORATIONS 569
RECOMMENDATION:
Approve the list of social media commemorations proposed for 2026, as
reviewed by the Mayor and Mayor Pro Tem with the additions of National
Tortoise Day and Celebrate Palm Desert.
RECOMMENDATION:
Approve the list of social media commemorations proposed for 2026, as
reviewed by the Mayor and Mayor Pro Tem, with additions of Disability
Awareness, Mental Health Awareness, and Epilepsy Awareness.
Palm Desert City Council Meeting Agenda
December 12, 2024
6
15.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 first page of this agenda.
15.a INTRODUCTION OF AN ORDINANCE AMENDING THE PALM DESERT
MUNICIPAL CODE TITLE 6, RELATED TO ANIMAL CONTROL
577
RECOMMENDATION:
Introduce Ordinance No. 1437 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
TITLE 6 OF THE PALM DESERT MUNICIPAL CODE RELATING TO
ANIMAL CONTROL AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
16.INFORMATION ITEMS
17.ADJOURNMENT
Palm Desert City Council Meeting Agenda
December 12, 2024
7
18.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.palmdesert.gov
by clicking “Meeting Agendas” 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) 346-0611, 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, Michelle Nance, Acting 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.gov no less
than 72 hours prior to the meeting.
/S/ Michelle Nance
Acting Assistant City Clerk
Palm Desert City Council Meeting Agenda
December 12, 2024
8
WHEREAS, in 1973, the year the City of Palm Desert was incorporated, Birgit and Poul Moller
founded Moller’s Garden Center, which has flourished for more than five decades as a beloved local
landmark and cornerstone of the community’s landscape, beauty, and civic pride; and
WHEREAS, born in Denmark, Poul Moller came to the United States in the mid-1950s through
a work exchange program, determined to build a new life in a land of opportunity; and
WHEREAS, a proud American by choice and conviction, Poul Moller embraced his adopted
country wholeheartedly and raised his family to cherish its values, instilling in them the belief that hard
work, humility, and perseverance are the truest expressions of patriotism; and
WHEREAS, upon settling in the Coachella Valley, Poul often said that he had lived in the
coldest part of the world and wanted to live in the warmest—a decision that led him to Palm Desert,
where his vision and work ethic helped transform the once-sparse desert landscape into a thriving
community; and
WHEREAS, through vision, determination, and craftsmanship, Poul transformed his early
irrigation and landscaping work into Moller’s Garden Center, a place that would supply and beautify
countless local developments, including Marrakesh, Desert Horizons, and many of the Coachella
Valley’s signature neighborhoods and civic spaces; and
WHEREAS, Moller’s Garden Center grew beyond a business into a gathering place where
generations of residents found not only plants and design inspiration, but also connection, conversation,
and community; and
WHEREAS, alongside Poul, Birgit Moller played an active role in the civic life of Palm Desert,
contributing her time and leadership to the College of the Desert Foundation, the Boys & Girls Clubs of
the Coachella Valley, and numerous community organizations, serving with the same grace,
determination, and community spirit that defined their shared success; and
WHEREAS, together, Birgit and Poul Moller exemplified the spirit of community service and
quiet generosity that has long defined Palm Desert’s character, with their family enterprise continuing
to shape the City’s identity and beauty; and
WHEREAS, their children and grandchildren now carry forward the Mollers’ enduring legacy
of integrity, service, and dedication to the community they helped to build, ensuring that Palm Desert’s
growth remains rooted in the values they lived by; and
NOW, THEREFORE, BE IT PROCLAIMED, that I, Jan C. Hanik, Mayor of the City of Palm
Desert, and the entire City Council of the City of Palm Desert hereby honors Birgit and Poul Moller,
founders of Moller’s Garden Center, for their lasting contributions to the beauty, vitality, and heritage of
Palm Desert, and celebrates the life and legacy of Poul Moller, whose love of this City and pride in being
an American will forever remain rooted in the spirit of Palm Desert.
Honoring Birgit and Poul Moller
In Witness Whereof, I have hereunto set my hand and
have caused the Official Seal of the City of Palm Desert,
California, to be affixed this 13th day of November 2025.
9
10
UCR University Extension
Transforming lives through the
power of lifelong learning.
Kevin J. Vaughn, Dean
November 13, 2025
11
About Us
•Inland California’s largest
C.E. provider for 65 years
•UC quality programs and courses that
advance career readiness and drive
innovation – most result in certificate
•Programs designed to help
retain jobs in key sectors like
technology, entrepreneurship, business,
education, law and justice
•100% self-supporting
(expenses paid through
tuition, grants, philanthropy)
12
Our Areas of Study
Business /
Leadership
Technology
Education /
Credentials
Law and Justice
Language and
Culture
13
By the Numbers
70+
Certificates
60K+
Enrollments
AY2000-25
6K+
Certificate
Graduates
AY2000-25
200+
Regional
Partnerships
14
Our Students
Employed Full Time75%
68%
Young Professionals and Adult Learners92%
Live and Work in Southern California
Entry & Mid Level Roles80%
15
Online and Face to Face
Most programs
online
In-person at
Palm Desert
Center / UCR
Or we can bring
the program to
you
40% increase in
online enrollments
from the Coachella Valley
16
We offer many opportunities at Palm Desert Center
•Non-Profit Management Program
•Teacher Education Program
•Vibrant Osher Lifelong Learning
Institute
17
•Events/Lectures
18
UCR Extension offers training
•Intensive, high-impact programs
designed for professionals ready to
master the tools and trends driving
success today
•City Staff training examples:
•Applied AI for City Government
•AI and Human Intelligence: A
Human-Centered Design Bootcamp
•AI-Powered Process Optimization:
Introduction to Productivity Tools
for Business Efficiency
•Human Resources Management
•Supervision and Leadership 19
UCR Extension partners
•City of Coachella
business training program
•Business Readiness, Business
English and MicroMBA
•68 graduates at Palm Desert Center
in August
20
UCR Extension works with businesses
•Layoff Aversion program
(RivCo funded)
•Businesses >10 employees needing
training/consultation to avoid
layoffs
•Employee Training Panel (ETP) funding
•Free training to businesses
21
UCR Extension provides educational access
•E.g., Farmworkers program (CalEDD)
•Free farmworker training in Early
Childhood Education and English
•Seasonal or unemployed
farmworkers can become certified
childcare providers
•Serving 59 Farmworkers currently
22
UCR Extension is Developing New Programs
•Diversifying the economy (clean
energy; also RivCo funded)
•EV Diagnostic Technician
•Sustainable Transportation
(Circular Economy)
•Emerging Grid Technologies
•Semiconductor
Manufacturing and Testing
23
Thank you!
Kevin J. Vaughn
kevin.vaughn@ucr.edu
(951) 827-4105
extension.ucr.edu
24
1
Michelle Nance
From:Mary Earhart
Sent:Monday, November 10, 2025 9:06 PM
To:CityClerk
Subject:For City Council meeting
I am a member of the Joslyn Senior Center. The Cove Communites Senior Associaon seems to have fired Dr. Jay Seller,
an experienced administrator, because he asked quesons about finances? The lack of transparency is disturbing. The
board president has n
for wheelchairs or arthric knees). Please invesgate. The monies are being mispent and legal troubles are mounng.
Thank you.
Sent from my iPhone
25
26
1
Damian Olivares
Subject:RE: To: City Council regarding CCSA board oversight
From: Jana Koroczynsky
Sent: Thursday, November 13, 2025 8:54 AM
To: CityClerk <CityClerk@palmdesert.gov>
Subject: To: City Council regarding CCSA board oversight
If there is no current way for the city to force the CCSA to be accountable and transparent, then
the city should find a way. Just having the board president oversee the cleaning of the carpets and
fixing minor problems at the Joslyn Center is not fixing the problems identified by its members.
27
28
1
Damian Olivares
From:michael abrams
Sent:Thursday, November 13, 2025 9:39 AM
To:CityClerk
Subject:city council meeting today: CCSA board
It appears the Joslyn senior center board has acted with Gross negligence or perhaps intenƟonally wrong in
performance of its fiscal and legal responsibiliƟes . Michael L. Abrams. ( a member and volunteer at Joslyn senior center)
Sent from my iPhone
29
30
1
Damian Olivares
To:Soraya lava
Subject:RE: Transparency…
From: Soraya lava
Sent: Thursday, November 13, 2025 10:16 AM
To: CityClerk <CityClerk@palmdesert.gov>
Subject: Transparency…
Accountability and Transparency
I am writing on behalf of the members and community supporters of The Joslyn Senior Center to
express deep concern and disappointment over the unexplained removal of Dr. Jay Seller as director.
Dr. Jay, as he is affec onately known, is not just a director―he is the heart and soul of The Joslyn
Center. Staff consistently praised his leadership, compassion, and unwavering commitment to the
Center's mission. Members of The Joslyn Center, seniors who rely on the programs and services
provided, are dismayed at his absence and have voiced overwhelming support for Dr. Jay's continued
leadership. His positive impact is not only evident―it is undeniable.
There is a deeply troubling rumor that Dr. Jay was fired because he requested financial oversight and
operational transparency.
The question that must be asked:
Why was Dr. Jay Seller denied access to the financial records?
We believe it is his responsibility and right to have full visibility into the organization's finances to
ensure ethical standards, fiscal responsibility, and alignment with the Center's mission.
Without transparency, there can be no accountability. Preventing a respected and capable director
from performing a basic leadership function raises serious concerns about internal practices and
potential mismanagement. The community deserves clarity, and Dr. Jay deserves respect.
We urge the appropriate authorities to immediately investigate this matter and to take swift steps to
ensure transparency, accountability, and justice. Restoring full trust in The Joslyn Center begins with
restoring Dr. Jay Seller’s rightful authority and access as director.
31
32
Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Housing Authority, and Board of Library Trustees
Minutes
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Harnik
on Thursday, October 23, 2025, at 3:15 p.m., in the Council Chamber, City Hall, located
at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a UPDATE ON THE CITY’S PROGRESS TOWARDS MEETING ITS REGIONAL
HOUSING NEEDS ALLOCATION (RHNA)
Carlos Flores, Deputy Director of Development Services, and Siji Fernandez,
Senior Planner, narrated a PowerPoint presentation and responded to City
Council inquiries.
During discussion, the following items were requested for follow up:
• The current median income level;
• The number of existing affordable housing units owned by the City; and
• A comparison of how other cities are progressing toward the same goal.
2.b UPDATE ON THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN
Carlos Flores, Deputy Director of Development Services, narrated a PowerPoint
presentation and responded to City Council inquiries.
3. ADJOURNMENT
The City Council adjourned the Study Session at 3:39 p.m.
Respectfully submitted,
_________________________
Michelle Nance
Acting Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
33
34
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment
Agency, Housing Authority, and Board of Library Trustees
Regular Meeting Minutes
1. CALL TO ORDER - CLOSED SESSION - 3:45 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik
on Thursday, October 23, 2025, at 0:00 p.m., in the Council Chamber, City Hall, located
at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Harnik adjourned to Closed Session at 3:45 p.m.
4. CLOSED SESSION AGENDA
4a. Closed Session Meeting Minutes: September 11, 2025.
4b. Conference with Real Property Negotiations pursuant to Government Code
Section 54956.8
Property Description: Desert Willow Lot Pad C and D (APNs 620-450-012, 620-
450-013, 620-450-014, 620-450-016, 620-450-017, 620-450-018, and 620-450-
020)
Agency: Successor Agency to the Palm Desert Redevelopment Agency
City Negotiator: Chris Escobedo/ Richard Cannone/Martin Alvarez
Negotiating Parties: Kam Sang Company, Inc.
Under Negotiation: Price and Terms
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Trubee led the Pledge of Allegiance.
7. INSPIRATION
Councilmember Quintanilla provided words of inspiration.
8. REPORT OF CLOSED SESSION
City Attorney Shah stated that no reportable actions were taken.
35
Palm Desert City Council Meeting Minutes
October 23, 2025
2
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION: GREATER PALM SPRINGS PRIDE 2025
Mayor Harnik presented a Proclamation to City Clerk Mejia in celebration of the
Greater Palm Springs Pride 2025.
9.b PROCLAMATION: CODE COMPLIANCE OFFICER WEEK
Mayor Harnik presented a Proclamation to the Code Compliance team in honor
of Code Compliance week.
9.c PROCLAMATION: OCTOBER NATIONAL PLANNING MONTH
Mayor Harnik presented a Proclamation to the Planning Department in
celebration of National Community Planning Month.
9.d PROCLAMATION: PETE CARLSON
Mayor Harnik presented a Proclamation to Pete Carlson proclaiming October 23,
2025, as Pete Carlson Day.
9.e PRESENTATION: HIDDEN HARVEST
Francisco Linares, Executive Director of Hidden Harvest, narrated a PowerPoint
presentation and invited the City Council to their fundraiser taking place on
November 20, 2025.
9.f AWARD: GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA)
Mayor Harnik presented the Government Finance Officers Association (GFOA)
award to the Finance Department in recognition of its achievements in
governmental accounting and the City's ongoing commitment to fiscal
transparency and excellence.
10. CITY MANAGER COMMENTS
10.a SHERIFF DEPARTMENT UPDATE
Lieutenant Porras of the Riverside County Sheriff’s Department presented an
update on recent law enforcement activity.
10.b FIRE DEPARTMENT UPDATE
Division Chief Beverlin, of Riverside County Fire, introduced new Deputy Fire
Marshal, Carlos Rodriguez, and presented a video about the Career Expo for
Coachella Valley students held in October 2025 in Indio, California.
10.c CAPITAL PROJECT DEPARTMENT UPDATE
Jess Culpeper, Director of Capital Projects, narrated a PowerPoint presentation
providing updates on the department's projects.
36
Palm Desert City Council Meeting Minutes
October 23, 2025
3
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers provided updates on their attendance at various meetings and events.
Mayor Harnik reported on her attendance at the League of California Cities 2025 Annual
Conference and Expo, noting that Councilmember Pradetto and Mayor Pro Tem Trubee
were also in attendance.
Councilmember Pradetto, with the support of the City Council, requested a presentation
from Southern California Edison regarding the new rates and programs available to
assist residents.
12. NON-AGENDA PUBLIC COMMENTS
The following individuals expressed concerns regarding the Joslyn Center and the
termination of the former Executive Director.
• Jana Korocynsky, Palm Desert resident
• Suzanne Connor, Palm Desert resident
Christine Thomstad, of NAMI Coachella Valley, provided information regarding the
organization and its upcoming 5k and resource fair event on November 15, 2025.
Todd Warden, of the South Coast Air Quality Management District (AQMD), provided
information on the upcoming dust summit taking place on November 6, 2025, and
information regarding AQMD programs available to residents.
13. CONSENT CALENDAR
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
To approve the consent calendar as presented.
Motion Carried (5 to 0)
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Approve the Minutes of September 25, 2025.
Motion Carried (5 to 0)
13.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Approve the warrant registers issued for the period 7/31/2025 to 10/9/2025.
Motion Carried (5 to 0)
37
Palm Desert City Council Meeting Minutes
October 23, 2025
4
13.c SEPTEMBER 2025 PROCUREMENT REPORT
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Receive and file the monthly Procurement Report for September 2025.
Motion Carried (5 to 0)
13.d RESOLUTION AUTHORIZING THE DESTRUCTION OF OBSOLETE
RECORDS FROM THE FINANCE DEPARTMENT
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Adopt Resolution 2025-068 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND AUTHORIZING THE DESTRUCTION OF OBSOLETE
RECORDS LOCATED IN THE FINANCE DEPARTMENT INDICATED ON THE
RECORDS RETENTION SCHEDULE (ADOPTED JUNE 12, 2025). RECORDS
FROM 1975 THROUGH 2020 (EXHIBIT A).”
Motion Carried (5 to 0)
13.e RATIFICATION OF LETTER SUPPORTING THE USER FEE FACILITY
APPLICATION FOR JACQUELINE COCHRAN REGIONAL AIRPORT, IN
THERMAL, CALIFORNIA
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Ratify the issuance of the letter supporting the designation of the Jacqueline
Cochran Regional Airport (JCRA) in Thermal, California, as a User Fee Facility.
Motion Carried (5 to 0)
13.f RATIFICATION OF LETTER SUPPORTING RIVERSIDE COUNTY
APPLICATIONS FOR FEDERAL FUNDING THROUGH SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENT’S 2025 SURFACE
TRANSPORTATION BLOCK GRANT/CONGESTION MITIGATION AND AIR
QUALITY CALL FOR PROJECTS
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Ratify the issuance of the letter supporting Riverside County’s 17 applications
submitted to Southern California Association of Governments (SCAG) for the
Federal Fiscal Years 2026/27 and 2027/28 Surface Transportation Block Grant
(STBG) and Congestion Mitigation and Air Quality (CMAQ) Program Call for
Projects.
Motion Carried (5 to 0)
38
Palm Desert City Council Meeting Minutes
October 23, 2025
5
13.g RESOLUTION ESTABLISHING UPDATED PROCEDURES FOR THE
APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM AND RESCINDING
RESOLUTION NO. 2024-013
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Adopt Resolution 2025-069 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING UPDATED
PROCEDURES FOR THE APPOINTMENT OF THE MAYOR AND MAYOR PRO
TEM AND RESCINDING RESOLUTION NO. 2024-013.”
Motion Carried (5 to 0)
13.i ACCEPT CONTRACT NO. C49090 WITH TRI-STAR FOR THE FRED WARING
SINKHOLE REPAIR WORK, AS PART OF THE ON-CALL REPAIRS FOR
PUBLIC STREETS AND SPACES PROJECT, AS COMPLETE, AND
AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
1. Accept the Fred Waring Sinkhole Repair Work, part of the On-Call Repairs
for Public Streets and Spaces Project, as complete.
2. Authorize the City Manager to execute, and the City Clerk to file, the
Notice to Proceed and Notice of Completion for this work and future
construction work completed under Contract No. C49090.
Motion Carried (5 to 0)
13.j RATIFY CHANGE ORDER NO. 1 TO CONTRACT NO. C49570 WITH JEREMY
HARRIS CONSTRUCTION, INC., FOR THE NUISANCE SOIL REMOVAL
PROJECT (PROJECT NO. SCC00001)
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Ratify the City Manager’s approval of Change Order No. 1 in the amount of
$133,000 to Contract No. C49570 with Jeremy Harris Construction, Inc., for
Nuisance Soil Removal Project to include additional soil removal services.
Motion Carried (5 to 0)
39
Palm Desert City Council Meeting Minutes
October 23, 2025
6
13.k AUTHORIZE THE PURCHASE OF TWO ADVANCED LIFE SUPPORT
PARAMEDIC REMOUNT UNITS FROM FRAZER, LTD
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
1. Pursuant to PDMC Section 3.30.160(I), in the best interest of the City,
authorize the purchase of two Advanced Life Support (ALS) Paramedic
Remount Units from Frazer, LTD, of Houston, Texas, in the amount of
$623,020.32.
2. Authorize the City Manager to execute all documents necessary to
effectuate this action.
Motion Carried (5 to 0)
13.l AUTHORIZE THE CITY MANAGER TO AWARD A CONSTRUCTION
AGREEMENT FOR THE PALM DESERT AQUATIC CENTER FACILITY
RENOVATION AND CONCRETE REPLACEMENT (PROJECT NO. CFA00009)
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
1. Authorize the City Manager to award Construction Agreement No. C50100
for the Palm Desert Aquatic Center Facility Renovation and Concrete
Replacement to the responsible bidder for an amount not to exceed
$500,000 including contingency.
2. Authorize the Director of Finance to appropriate funds from General Fund
Facility Reserve to the Interfund Transfer Out Account (Account Number
1104199-4501000) in the amount of $500,000, and transfer into the Palm
Desert Aquatic Center Transfer In Account (Account No. 2420000-
3910000).
3. Appropriate $500,000 to the Palm Desert Aquatic Center Capital Projects
No. (Account No. 2424549-4400100.
4. Authorize the City Attorney to make necessary non-monetary changes to
the agreement.
5. Authorize the City Manager to execute the agreement, issue change
orders up to the contingency amount, and any documents necessary to
effectuate the actions taken herewith.
6. Authorize the City Manager to execute the Notice of Completion (NOC)
and the City Clerk to file the NOC upon satisfactory completion of the
project.
Motion Carried (5 to 0)
40
Palm Desert City Council Meeting Minutes
October 23, 2025
7
13.m RECEIVE, FILE, AND IMPLEMENT THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS’ TRANSPORTATION UNIFORM
MITIGATION FEE SCHEDULE INFLATION ADJUSTMENT EFFECTIVE
JANUARY 1, 2026, APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF
PALM DESERT
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
Receive and file the Coachella Valley Association of Governments (“CVAG”)
Transportation Uniform Mitigation Fee (“TUMF”) revised fee schedule adjusted
for inflation to be effective January 1, 2026.
Motion Carried (5 to 0)
13.n RELEASE THE FAITHFUL PERFORMANCE BOND, DEMOLITION BOND,
AND PM10 BOND FOR 72310 HIGHWAY 111.
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
1. Release the Faithful Performance Bond in the amount of $32,102.25.
2. Release the PM10 Bond (cash deposit) in the amount of $920.00.
3. Release the Demolition Bond in the amount of $65,700.00.
Motion Carried (5 to 0)
13.o APPROVAL OF THE FIRST AMENDMENT TO THE PURCHASE AND SALE
AGREEMENT AND ESCROW INSTRUCTIONS WITH BLIEU COMPANIES,
LLC
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
1. Approve the First Amendment to the Purchase and Sale Agreement and
Escrow Instructions with Blieu Companies, LLC, for the property located at
the northeast corner of Desert Willow Drive and Country Club Drive,
known as Lot E.
2. Authorize the City Manager or designee to execute all documents,
agreements, amendments, and related instruments necessary to
implement and carry out the intent of this item.
Motion Carried (5 to 0)
41
Palm Desert City Council Meeting Minutes
October 23, 2025
8
13.p 2027-2028 EL PASEO SCULPTURE EXHIBITION CALL FOR ENTRIES
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Trubee
1. Authorize staff to release the 2027-2028 El Paseo Sculpture Exhibition
Call for Entries.
2. Approve an increase in the artist honorarium from $5,000 to $6,000 per
sculpture for the El Paseo Sculpture Exhibition.
Motion Carried (5 to 0)
13.h AWARD A TASK ORDER TO ACCENTURE, LLP, FOR CONSTRUCTION
MANAGEMENT SERVICES OF THE DAVE ERWIN COMMUNITY PARK
PROJECT (CPK00002)
Jess Culpeper, Director of Capital Projects, responded to Councilmember inquiry
regarding the use of consultants on larger projects as a cost-effective approach
that enables staff to concentrate on other ongoing projects.
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Pradetto
1. Award a task order no. TOCPK00002 to Accenture, LLP, for construction
management services of the Dave Erwin Community Park in the amount
of $1,655,190, plus a $166,000 contingency for unforeseen
circumstances.
2. Authorize the City Attorney to make non-monetary changes to the task
order as necessary.
3. Authorize the City Manager to execute the task order and any related
documents to effectuate this action.
Motion Carried (5 to 0)
14. ACTION CALENDAR
None.
15. PUBLIC HEARINGS
15.a RESOLUTION DESIGNATING MARRAKESH COUNTRY CLUB AS A
HISTORIC DISTRICT (CRPC25-0002)
Councilmember Pradetto announced his recusal due to the proximity of his real
property and left the meeting room.
Bobby Keatinge, Associate Planner, narrated a PowerPoint presentation and
responded to City Council inquiries.
Mayor Harnik opened the public hearing.
42
Palm Desert City Council Meeting Minutes
October 23, 2025
9
Eula Robertson, Applicant, spoke in support of the Historic District Designation
and responded to City Council inquiries.
Steven Price, Palm Desert resident, spoke in support of the Historic District
Designation.
Mayor Harnik closed the public hearing, there being no other member of the
public wishing to speak.
Following the vote, Councilmember Pradetto returned to the meeting room.
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Nestande
Adopt Resolution 2025-070 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING MARRAKESH
COUNTRY CLUB AS A HISTORIC DISTRICT PURSUANT TO CRITERIA A, C,
D, E, AND F IN PALM DESERT MUNICIPAL CODE SECTION 29.50.010,
LOCATED APPROXIMATELY SOUTH OF GRAPEVINE STREET, WEST OF
PORTOLA AVENUE, NORTH OF HAYSTACK ROAD, AND EAST OF AMIR
DRIVE.”
Motion Carried (4 to 0)
15.b APPROVE A ZONING ORDINANCE AMENDMENT TO PERMIT SINGLE-
FAMILY DWELLINGS AND DAY CARE CENTERS IN THE DOWNTOWN EDGE
TRANISITION OVERLAY
Mayor Harnik and Mayor Pro Tem Trubee announced their recusals due to the
proximity of their individual real properties and left the meeting room.
Carlos Flores, Deputy Director of Development Services, provided a verbal report
and responded to City Council inquiries.
Councilmember Nestande opened the public hearing and closed the public
hearing, there being no member of the public wishing to speak.
Motion by: Councilmember Pradetto
Seconded by: Councilmember Quintanilla
Introduce Ordinance 1436 entitled, “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM
DESERT MUNICIPAL CODE TO ADD SINGLE FAMILY RESIDENTIAL AND DAY
CARE CENTERS AS AN ALLOWED LAND USE TYPE AND MAKING A
FINDING OF EXEMPTION UNDER CEQA.”
Motion Carried (3 to 0)
43
Palm Desert City Council Meeting Minutes
October 23, 2025
10
16. INFORMATION ITEMS
None.
17. ADJOURNMENT
The City Council adjourned at 5:44 p.m.
Respectfully submitted,
_________________________
Michelle Nance
Acting Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
44
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202500005529 AETNA RESOURCES FOR LIVINGW1 NOV25 EMPLOYEE ASSISTANCE PRG43090001104154 E0354379 211.25
10/17/202500005530 ALVAREZ, MARTINW1 ICSCPS REIM Lunch FntHd - MA43125001104430 ICSCPS REIM-MA 96.36
10/17/202500005530 ALVAREZ, MARTINW1 ICMA CONF PD 10/24-29/25 MA11501001100000 ICMA ADVPD25-MA 440.00
10/17/202500005531 AMAZON CAPITAL SERVICES INC.W1 Office Supplies Desk Riser42110001104421 1RGX-YM9K-GVLH 217.49
10/17/202500005531 AMAZON CAPITAL SERVICES INC.W1 OCT 2025 LIB. OFFICE SUPPLIES42110002524662 17GT-HMPT-37JL 407.21
10/17/202500005531 AMAZON CAPITAL SERVICES INC.W1 OCT 2025 LIB. RAIN GEAR42190002524662 1VXJ-KXTV-6DRF 131.61
10/17/202500005531 AMAZON CAPITAL SERVICES INC.W1 FY2526 PROGRAMMING MATERIALS43900002524662 1R3P-6XXD-CXD7 84.97
10/17/202500005531 AMAZON CAPITAL SERVICES INC.W1 FY2526 PROGRAMMING MATERIALS43900002524662 1F7L-NLMP-TQPG 21.74
10/17/202500005532 BRODART COW1 Physical Library Books42112002524662 B7068787 18.53
10/17/202500005532 BRODART COW1 Physical Library Books42112002524662 B7068309 63.44
10/17/202500005532 BRODART COW1 Physical Library Books42112002524662 B7068315 18.53
10/17/202500005532 BRODART COW1 Physical Library Books42112002524662 B7068316 79.31
10/17/202500005532 BRODART COW1 Physical Library Books42112002524662 B7066607 19.45
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7068786 162.10
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7068791 69.31
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7068312 49.07
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066194 516.80
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066574 329.23
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066337 388.23
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066430 69.09
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066651 114.62
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066174 204.86
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066173 98.75
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066432 204.64
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066218 239.65
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066581 22.36
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066212 54.35
10/17/2025Report Date 1Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
45
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066491 80.42
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066563 37.58
10/17/202500005532 BRODART COW1 FY2526 PHYSICAL BOOKS42112002524662 B7066580 57.31
10/17/202500005533 C V A GW1 SEP25 TUMF22825006100000 PDTUMF092025 90,880.00
10/17/202500005534 CANNONE, RICHARDW1 Cannone ICMA 10.25-29 LDG11501001100000 LDG 10.25.25 1,227.66
10/17/202500005534 CANNONE, RICHARDW1 Cannone ICMA 10.25-29 PRDM11501001100000 MEI 10.25.25 360.00
10/17/202500005534 CANNONE, RICHARDW1 Cannone 2025 APA Mem Dues43630001104130 3556534 813.00
10/17/202500005535 CDW LLCW1 HP 206A Toner42120001104190 AG3C79W 415.58
10/17/202500005535 CDW LLCW1 R- Dell Laptops44040005304190 AG3AH1Z 2,089.89
10/17/202500005535 CDW LLCW1 R- Dell Laptops44040005304190 AG2889R 2,237.77
10/17/202500005536 CHAVEZ, VERONICAW1 ICMA 10.25-10.29 V. Chavez11501001100000 ADV LDG 10.25 VC 1,227.66
10/17/202500005536 CHAVEZ, VERONICAW1 ICMA 10.25-10.29 V. Chavez11501001100000 ADV MIE 10.25 VC 360.00
10/17/202500005536 CHAVEZ, VERONICAW1 ICMA 10.25-10.29 V. Chavez11501001100000 ADV MILE 10.25VC 31.78
10/17/202500005536 CHAVEZ, VERONICAW1 Shirts for Workday Launch Team42110001104190 WORKDAY 9.30.25 450.00
10/17/202500005537 COACHELLA VALLEY CONSERVATIONW1 LESS1% ADMIN FEE34111001100000 PDMSHCP092025 -852.80
10/17/202500005537 COACHELLA VALLEY CONSERVATIONW1 SEP25 MSHCP22808006100000 PDMSHCP092025 85,280.00
10/17/202500005538 DECKARD TECHNOLOGIES INCW1 STR MONITOR & ENFORC_SE2543090001104422 2215 5,783.33
10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 136411503001100000 BE006695919 81.96
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10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 130411503001100000 BE006695919 43.47
10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 105911503001100000 BE006695919 138.39
10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Delta Dental Premium 09/202521609001100000 BE006695919 14,964.51
10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 125141122001104130 BE006695919 -169.29
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10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 137241122001104300 BE006695919 -138.39
10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 137141122001104310 BE006695919 -43.47
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10/17/2025Report Date 2Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
46
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 136741122001104470 BE006695919 81.96
10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 136841122001104470 BE006695919 43.47
10/17/202500005539 DELTA DENTAL OF CALIFORNIAW1 Dental 134441122002524662 BE006695919 81.96
10/17/202500005540 DESERT PUBLICATIONS INCW1 Advertise Pub Art Collection43217014364650 106180 5,990.00
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10/17/2025Report Date 3Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
47
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
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10/17/202500005542 ENTERPRISE FM TRUSTW1 22V3S3 FLEET LEASE43440005304331 FBN5452648 21.67
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10/17/202500005542 ENTERPRISE FM TRUSTW1 22MTQF FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG3C FLEET LEASE43440005304331 FBN5452648 18.17
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG3H FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG55 FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG58 FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MTQG FLEET LEASE43440005304331 FBN5452648 16.15
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG42 FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG5R FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG5W FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MTQB FLEET LEASE43440005304331 FBN5452648 21.67
10/17/2025Report Date 4Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
48
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MTQD FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG34 FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG4H FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG3S FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG5X FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MG63 FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22MP7V FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22V3QW FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22V3MJ FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22V3P3 FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22V3P5 FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005542 ENTERPRISE FM TRUSTW1 22V3P8 FLEET LEASE43440005304331 FBN5452648 21.67
10/17/202500005543 ENTERPRISE HOLDINGS INCW1 FY 25/26 car rentals for RCS43904001104210 39985468 1,599.27
10/17/202500005544 ESCOBEDO, CHRISTOPHERW1 Escobedo ICMA 10.26-29 LDG11501001100000 LDG 10.26.25 920.75
10/17/202500005544 ESCOBEDO, CHRISTOPHERW1 Escobedo ICMA 10.26-29 PRDM11501001100000 MEI 10.26.25 280.00
10/17/202500005544 ESCOBEDO, CHRISTOPHERW1 Escobedo ICMA 10.26-29 MILE11501001100000 MILE 10.26.25 14.70
10/17/202500005544 ESCOBEDO, CHRISTOPHERW1 Escobedo ICMA 10.26-10.2911501001100000 PARK 10.26.25 80.00
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 JL25 AQUATIC CTR - SUPPLIES42190002424549 072025 4,401.10
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 JL25AQUATIC CTR-OTHER EXPENSES43090002424549 072025 7,905.80
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 JL25AQUATIC CTR-MANAGEMENT FEE43093002424549 072025 14,824.10
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 JL25AQUATIC CTR-FOOD/MERCHANDI48011002424549 072025 9,750.33
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 JL25AQUATIC CTR-CNTRCTED LABOR48021012424549 072025 113,725.35
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 JL25AQUATIC CTR-CNTRCTED LABOR48021012424549 072025 -112,316.77
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 AG25 AQUATIC CTR - SUPPLIES42190002424549 082025 1,449.40
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 AG25AQUATIC CTR-OTHER EXPENSES43090002424549 082025 11,666.75
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 AG25AQUATIC CTR-MANAGEMENT FEE43093002424549 082025 14,824.10
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 AG25AQUATIC CTR-FOOD/MERCHANDI48011002424549 082025 8,152.61
10/17/2025Report Date 5Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
49
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202500005545 FAMILY YMCA OF THE DESERTW1 AG25AQUATIC CTR-CNTRCTED LABOR48021012424549 082025 263,436.32
10/17/202500005546 FG CREATIVE INCW1 OC25 BUSINESS OUTREACH SVCS43090001104430 10370 1,500.00
10/17/202500005547 GOODWIN, SHELBYW1 Health Dept Permit Oct 2543061011104416 DEPT ENIVORN HEA 254.90
10/17/202500005547 GOODWIN, SHELBYW1 10/02/2025 Concert F/B43061011104416 WALMART 9/30 108.30
10/17/202500005547 GOODWIN, SHELBYW1 10/02/2025 Concert F/B43061011104416 WHICH WICH 10/2 117.36
10/17/202500005548 IMPRESSION DESIGNW1 UNIFORMS FOR NEW CODE OFFICER42140001104422 17250 366.38
10/17/202500005549 INTERWEST CONSULTING GROUP INCW1 PLAN REVIEW SVCS HRLY - AU2543090001104420 2475296 1,146.88
10/17/202500005549 INTERWEST CONSULTING GROUP INCW1 PLAN REVIEW SVCS STRUC - AU2543090001104420 2400816 809.85
10/17/202500005550 IS PALM DESERT LPW1 OCT 2025 SEWER RENT PAYMENT43740004004121 OCT2025 11,639.40
10/17/202500005551 Jesus GardunoW1 REIMB SAFETY FOOTWEAR – JG43915001104300 0925JG-BOOTREIMB 222.93
10/17/202500005552 JOSLYN CENTERW1 FY25/26 JOSLYN CENTER 2ND QTR43893001104800 13664 64,585.75
10/17/202500005553 KIMLEY-HORN AND ASSOCIATES INC.W1 TO0019816 ON-CALL TRAFFIC ENG45430101104423 32750154 1,200.00
10/17/202500005553 KIMLEY-HORN AND ASSOCIATES INC.W1 TO0019816 ON-CALL TRAFFIC ENG45430101104423 33371895 10,100.00
10/17/202500005554 LAWRENCE, AMYW1 ICMA CONF PD 10/24-29/25 AL11501001100000 ICMA ADVPD25-AL 440.00
10/17/202500005554 LAWRENCE, AMYW1 ICMA CONF LDG 10/24-29/25 AL11501001100000 ICMA ADVLDG25-AL 1,227.66
10/17/202500005555 MATICH CORPORATIONW1 RTNT 24251857 / C4929020600002110000 PP#3-RTNT -11,904.50
10/17/202500005555 MATICH CORPORATIONW1 Sep25 -Eldorado Drive St Rehab43915052114311 PP#3 238,090.00
10/17/202500005555 MATICH CORPORATIONW1 RTNT 24251857 / C4929020600002110000 PP#2-RTNT -36,757.27
10/17/202500005555 MATICH CORPORATIONW1 Aug25 Eldorado Drive St Rehab43915052114311 PP#2 735,145.36
10/17/202500005555 MATICH CORPORATIONW1 RTNT 24251857 / C4929020600002130000 PP#2-RTNT -8,518.00
10/17/202500005555 MATICH CORPORATIONW1 Aug25 Eldorado Drive St Rehab44002002134134 PP#2 170,360.00
10/17/202500005555 MATICH CORPORATIONW1 RTNT 24251857 / C4929020600003510000 PP#2-RTNT -52,140.20
10/17/202500005555 MATICH CORPORATIONW1 Aug25 Eldorado Drive St Rehab43320003514311 PP#2 1,042,804.00
10/17/202500005556 MCCi LLCW1 Laserfiche Renewal FY262714301001100000 RN24951 22,793.11
10/17/202500005556 MCCi LLCW1 Laserfiche Renewal FY252643620011104190 RN24951 45,586.21
10/17/202500005557 MICHAEL BAKER INTERNATIONAL INCW1 AG25 CC PLAYGROUND DESIGN44001004004674 1261792 22,097.00
10/17/202500005558 MIDWEST TAPE LLCW1 FY2526 PHYSICAL DVD AND BLURAY42112002524662 507812826 196.06
10/17/2025Report Date 6Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
50
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202500005559 PALM DESERT CHAMBER OF COMMERCEW1 QUINTANILLA Chamber Comm. 9.2543125001104110 76799 30.00
10/17/202500005559 PALM DESERT CHAMBER OF COMMERCEW1 PDCC Mixer Sullivans 9/17 VM43125001104430 76783 10.00
10/17/202500005559 PALM DESERT CHAMBER OF COMMERCEW1 State of the City seats - Poli43125001104417 76793 170.00
10/17/202500005560 PARK CONSULTING GROUP INC.W1 SEP25 LMS Advisory & Impl Svcs43900001104190 1121 33,320.00
10/17/202500005561 PATTON DOOR & GATEW1 ONE QUAIL GATE - EXTRA WORK43311008714195 100331 5,032.50
10/17/202500005561 PATTON DOOR & GATEW1 ONE QUAIL PLACE GATE REPAIR AN43311008714195 100331 15,024.50
10/17/202500005562 PENTA, RYLANDW1 CIVIC ACDMY RP F&B-1 10/611501001100000 REI1RPCIVAC10-06 -600.00
10/17/202500005562 PENTA, RYLANDW1 CIVIC ACDMY RP F&B-1 10/646639201104430 REI1RPCIVAC10-06 756.88
10/17/202500005562 PENTA, RYLANDW1 CIVIC ACDMY RP F&B-2 10/646639201104430 REI2RPCIVAC10-06 149.92
10/17/202500005562 PENTA, RYLANDW1 CIVIC ACDMY RP F&B-3 10/646639201104430 REI3RPCIVAC10-06 24.95
10/17/202500005563 RHYTHM TECH PRODUCTIONS LLCW1 AV Srvs for Concert 10/16/202543061011104416 172410162025 3,307.50
10/17/202500005564 SANT MADEW1 BRIGHTSIDE DESIGN NV/DC2543026001104417 1066 2,000.00
10/17/202500005565 SHUSTER ADVISORY GROUP LLCW1 ADVSRY FEE 401a 457b RHS SEP2543090001104159 9555 2,083.33
10/17/202500005566 SIGNARAMAW1 COP Vehicle Graphic Vinyl43060011104211 INV-130765 1,173.96
10/17/202500005567 SINATRA & COOK PROJECT LLCW1 NV25 ERC/iHUB RENT MO 69 OF 7243450004254430 MO69OF72NOV25 18,161.80
10/17/202500005568 STAPLES BUSINESS ADVANTAGEW1 OC25 Office Supplies42110001104430 6045067991 28.15
10/17/202500005568 STAPLES BUSINESS ADVANTAGEW1 OC25 Office Supplies-Badge kit46639201104430 6045067991 26.01
10/17/202500005568 STAPLES BUSINESS ADVANTAGEW1 Pjct Organize and Pjct Book42110001104150 6033643538 120.44
10/17/202500005568 STAPLES BUSINESS ADVANTAGEW1 Clorox, File fldr, staples42110001104150 6033643539 25.28
10/17/202500005568 STAPLES BUSINESS ADVANTAGEW1 Post it's, Paper, Pens42110001104159 6021535788 335.15
10/17/202500005568 STAPLES BUSINESS ADVANTAGEW1 Correction tape, Post It's42110001104159 6027340819 40.97
10/17/202500005568 STAPLES BUSINESS ADVANTAGEW1 PA - Office Supplies42110001104417 6042517941 134.96
10/17/202500005569 STAR RETAIL ADVISORSW1 PROFESSIONAL SVCS SP2543093001104159 PD 2025-10 4,369.60
10/17/202500005570 TKE ENGINEERING INCW1 PLAN CHECK & GENERAL ENG_AUG2543011501104423 2025-1239 150.00
10/17/202500005570 TKE ENGINEERING INCW1 GEN ENG SVCS PW CIV CNTR PRK43011501104423 2025-1241 375.00
10/17/202500005570 TKE ENGINEERING INCW1 CIP GEN ENG SVCS AUG2543011501104423 2025-1242 675.00
10/17/202500005570 TKE ENGINEERING INCW1 CIP GEN ENG SVCS CPL0000543011501104423 2025-1237 300.00
10/17/2025Report Date 7Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
51
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 2025-548-C -7,460.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 2025-384-C -130.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 2025-357-C -15,497.50
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 2025-161-C -3,340.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 2024-1772-C -85.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item42191001104159 RECLASS 2025-160 165.00
10/17/202500005570 TKE ENGINEERING INCW1 Jun-Jul25 El Paseo St Rehab44002002134134 2025-1099 1,670.00
10/17/202500005570 TKE ENGINEERING INCW1 Aug25 St Rehab Prg44002002134134 2025-1247 15,300.00
10/17/202500005570 TKE ENGINEERING INCW1 Jul25 St Rehab Prg44002002134134 2025-1102 7,407.50
10/17/202500005570 TKE ENGINEERING INCW1 Jul25 Walk & Roll Ph 350001032134633 2025-1101 25,705.00
10/17/202500005570 TKE ENGINEERING INCW1 Aug25 Walk & Roll Ph 350001032134633 2025-1246 9,010.00
10/17/202500005570 TKE ENGINEERING INCW1 Jun-Jul25 FS102 Potholing Svcs44002002354270 2025-894 9,821.50
10/17/202500005570 TKE ENGINEERING INCW1 May-Aug25 Mtn View Ret Basin42191004004159 2025-1243 3,002.50
10/17/202500005570 TKE ENGINEERING INCW1 Aug25 Mtn View Ret Basin42191004004159 2025-1244 1,092.50
10/17/202500005570 TKE ENGINEERING INCW1 Jul25 Mtn View Ret Basin42191004004159 2025-1100 165.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item42191004004159 2025-160-C -165.00
10/17/202500005570 TKE ENGINEERING INCW1 Jul25 HA Parking Lot Imps43311008714195 2025-927 5,655.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 RECLASS 2025-548 7,460.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 RECLASS 2025-384 130.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 RECLASS 2025-357 15,497.50
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 RECLASS 2025-161 3,340.00
10/17/202500005570 TKE ENGINEERING INCW1 Reclass pmnt to corr line item43311008714195 RECLS 2024-1772 85.00
10/17/202500005571 UNITY COURIER SERVICEW1 FY2526 Book Courier Service43090002524662 35845 407.00
10/17/202500005572 WEX HEALTH INCW1 SEP25 COBRA - Monthly43090001104154 0002237178-IN 114.75
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 PBID (PRESIDENTS PLAZA I) Q243090002774373 010-63481 1,096.52
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 PBID (PRESIDENTS PLAZA III) Q243090002824373 010-63481 975.44
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 CFD 2005-1 Admin FY25/2643090003534394 010-63477 1,768.74
10/17/2025Report Date 8Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
52
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 CFD 2021-1 '21 Admin FY25/2643090003544394 010-63477 876.31
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 CFD 2021-1 '24 Admin FY25/2643090003554394 010-63477 613.61
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 OCT25-DEC25 AD 2001-01 Q243090003124350 010-63476 525.03
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 OCT25-DEC25 AD 2004-01 Q243090003144350 010-63476 408.35
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 OCT25-DEC25 AD 2004-02 Q243090003154350 010-63476 2,147.33
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 FIRE TAX OCT25-DEC25 Q243090002304220 010-63479 5,148.34
10/17/202500005573 WILLDAN FINANCIAL SERVICESW1 BAD No. 1 OCT25-DEC25 Q243090002894374 010-63480 804.57
10/17/202500005574 WITTMAN ENTERPRISES LLCW1 FY 25/26 EMS BILLING SERVICES43090002304220 25090547 17,376.00
10/17/202502007890 ACT FOR MSW1 Prkvw Reimb - ACT for MS22853015100000 PKVW-REIM-ACTMS 1,716.00
10/17/202502007891 ADVANTEC CONSULTING ENGINEERSW1 Prkvw Reimb - Advantec Consult22853015100000 PKVW-REIM-ADVTEC 1,975.00
10/17/202502007892 AKKERMAN, GREGGW1 AKKERMAN Candidate Depo22814006100000 5993 199.40
10/17/202502007893 ALTUM GROUPW1 Prkvw Reimb - Altum Group22853015100000 PKVW-REIM-ALTMGR 3,472.30
10/17/202502007894 AMERICAN FORENSIC NURSESW1 FY25/26 RSO BLOOD DRAW/DUI CAS43904001104210 79747 1,912.00
10/17/202502007895 AMERICANS FOR THE ARTSW1 AMFTA Dues 10/1/25-6/30/2643630004364650 0127056 100.00
10/17/202502007896 AMERIGASW1 PROPANE GAS - CORPYARD42170001104331 3180858769 241.31
10/17/202502007897 ANDERSON COMMUNICATION INCW1 MONTHLY RADIO REPEATER43650001104310 21413B 250.00
10/17/202502007898 BARBARA SINATRA CHILDREN'SW1 RSO Medical Exam43904001104210 09.09.25 246.50
10/17/202502007899 BELFOR PROPERTY RESTORATIONW1 Lead & Asbestos Survey-Parkvw44001004524136 2206725 12,850.00
10/17/202502007900 C A C E OW1 CACEO DUES A. ASENCIO43630001104422 300022379 100.00
10/17/202502007900 C A C E OW1 CACEO DUES P. VILLANUEVA43630001104422 300022348 100.00
10/17/202502007900 C A C E OW1 CACEO DUES P. RODRIGUEZ43630001104422 300022422 100.00
10/17/202502007900 C A C E OW1 CACEO DUES J. CENTENO43630001104422 300022351 100.00
10/17/202502007900 C A C E OW1 CACEO DUES M. MORRIS43630001104422 300022464 100.00
10/17/202502007900 C A C E OW1 CACEO DUES J. FERNANDEZ43630001104422 300022495 100.00
10/17/202502007901 CAPPOW1 25-26 CAPPO MMBRSHP MSLATER43630001104300 300016952 145.00
10/17/202502007902 CASH, PETTY-W1 LIB KITCHEN SUPPLY42190002524662 LIB KITH SUP LH 8.69
10/17/202502007902 CASH, PETTY-W1 STORYTIME BAG WRAPS AND F&B43900002524662 LIB STRYTME LH 39.01
10/17/2025Report Date 9Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
53
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202502007903 CHARTER COMMUNICATIONSW1 RSO Distinct ID-T25102000243904001104210 25-004048 50.00
10/17/202502007904 CHICOBAG COMPANYW1 Chico Bag - Give Away43223001104417 INV/2025/02035 1,535.31
10/17/202502007905 CIVIA INC (GOV AI)W1 GovAI Software 7/1-9/30/2543620011104190 INV-0090 6,237.50
10/17/202502007906 CLEARSOURCE FINANCIALW1 Consulting Services Final Inv43090001104159 UFS0925-468 2,520.00
10/17/202502007907 COACHELLA VALLEY ASSOCIATIONW1 Prkvw Reimb - CVAG22853015100000 PKVW-REIM-CVAG 2,453.10
10/17/202502007908 CPS HR CONSULTINGW1 Training R. McKeown 9.4.2543120001104421 OE-0019987 175.00
10/17/202502007908 CPS HR CONSULTINGW1 Webinar J. Jimenez 09242543120001104420 OE-0020016 75.00
10/17/202502007908 CPS HR CONSULTINGW1 WEBINAR J. FINLEY 09242543120001104420 OE-0020006 75.00
10/17/202502007909 CRISCOM COMPANY INCW1 FY25/26Grant Writing Ad. SEP2543090001104159 271568 3,750.00
10/17/202502007910 CSUSB PHILANTHROPIC FOUNDATIONW1 OC25 CSUSB MonteCarlo Reg - VM43125001104430 CSUSB-MCBALL-VM 400.00
10/17/202502007911 DATA TICKET INCW1 CITATION PROCESSING-AU2543090001104422 183981 339.05
10/17/202502007912 DEPARTMENT OF JUSTICEW1 FY 25/26 RSO BLOOD ALCOHOL43904001104210 847965 105.00
10/17/202502007913 DESERT ARCW1 EWaste Event 9/20/2543090002364195 19715 2,287.25
10/17/202502007914 DESERT DISCOUNT CLEANERS LLCW1 COPS Uniform Cleaners-JUN-AUG43060011104211 08.20.25 139.28
10/17/202502007915 DESERT RECYCLING INCW1 DUMP/RECYCLING FEES JUL2543320001104310 19670 184.00
10/17/202502007916 DOVE PRINTINGW1 Permit 160 Renewal Fee43026001104417 15393 370.00
10/17/202502007916 DOVE PRINTINGW1 Brightside Printing SP/OC2543026001104417 15393 6,511.00
10/17/202502007917 FRONTIER COMMUNICATIONS INCW1 OCT25-LIBR EMERGENECY LINE43650002524662 7603410732-OCT25 50.70
10/17/202502007918 GINA NESTANDEW1 Trust-Candidates Deposits22814006100000 5999 203.36
10/17/202502007919 HARNIK, JAN C.W1 Harnik Mileage 07-09.202543115001104110 MILEAGE 07-09 25 65.38
10/17/202502007920 INTERNATIONAL CODE COUNCILW1 2025 CALIFORNIA CODES PUBLICAT43620001104420 1002128011 3,542.90
10/17/202502007921 JTB SUPPLY COMPANY INCW1 R/M TRAFFIC SIGNAL EQUIPMENT43325001104250 115569 1,065.75
10/17/202502007922 KARTAL CORPORATIONW1 COP Car Washes Q3 JULY-SEPT43060011104211 1495 90.00
10/17/202502007923 KELLY, KATHLEENW1 K KELLY Candidate Deposit22814006100000 5996 204.86
10/17/202502007924 KEYSER MARSTON ASSOCIATES INCW1 Alessandro Feasibility 10/202543091021104430 0040118 221.25
10/17/202502007925 LA PRENSA HISPANAW1 Req Legal Advertising SPNSH43210001104111 1070 405.00
10/17/202502007926 LIBERTY LANDSCAPING INCW1 BI-MONTHLY LANDSCAPE SEP2543370008734195 137965 289.00
10/17/2025Report Date 10Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
54
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202502007927 LOCKS AROUND THE CLOCK INCW1 RSO Security Screen Open43904001104210 61333 185.00
10/17/202502007928 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - STREETS42190001104310 975011-091825 139.42
10/17/202502007928 LOWE'S HOME CENTERS INC.W1 GRAFFITI REMOVAL SUPPLIES43915021104310 977804-080825 36.57
10/17/202502007928 LOWE'S HOME CENTERS INC.W1 R/M SUPPLIES - ENTRADA43370011104614 972823-072325 15.45
10/17/202502007928 LOWE'S HOME CENTERS INC.W1 R/M SUPPLIES - UNIV DOG PARK43370011104614 977772-091925 26.84
10/17/202502007929 MISACW1 IT MISAC Memberships FY252643630001104190 200008807 520.00
10/17/202502007930 NEARMAP US INCW1 Nearmap Renewal FY262714301001100000 INV01758997RI 7,228.52
10/17/202502007930 NEARMAP US INCW1 Nearmap Renewal FY252643620011104190 INV01758997RI 36,142.58
10/17/202502007931 NELSON, STEPHENW1 NELSON Candidate Depo22814006100000 5994 138.61
10/17/202502007932 ONE NETWORK USA INCW1 FY 26/27 Live Link License14301001100000 INV45072 166.67
10/17/202502007932 ONE NETWORK USA INCW1 FY25/26 Live Link License43620011104190 INV45072 833.33
10/17/202502007933 OZZIE'S INTERNATIONALW1 R/M EMERG GENERATOR -BATTERIES43340001104331 39015 1,288.86
10/17/202502007934 PALM SPRINGS INTERNATIONAL PIANOW1 Prkvw Reimb - Virginia Waring22853015100000 PKVW-REIM-VWARIN 893.92
10/17/202502007935 PHILIP J CURIAW1 COP Judy Memorial Frame43060011104211 07.25.25 25.84
10/17/202502007936 PRADETTO , JOSEPHW1 J PRADETTO Candidate Deposit22814006100000 5998 207.71
10/17/202502007937 PROPER SOLUTIONS INC.W1 TEMP EMP G Ahumada 06/06/2543003001104111 17252 1,446.80
10/17/202502007937 PROPER SOLUTIONS INC.W1 TEMP EMP L LUNA 7/4/2543003001104111 17341 1,157.44
10/17/202502007937 PROPER SOLUTIONS INC.W1 TEMP EMP L LUNA 9/19/2543003001104111 17544 1,446.80
10/17/202502007937 PROPER SOLUTIONS INC.W1 Temp - A. Fuentes 9/26/2543003001104150 17562 1,576.56
10/17/202502007938 QUINTANILLA, KARINAW1 Quintanilla Mileage 07-09.202543115001104110 MILEAGE 07-09 25 56.84
10/17/202502007938 QUINTANILLA, KARINAW1 QUINTANILLA Candidate Deposit22814006100000 6001 214.60
10/17/202502007939 RANCHO MIRAGE CHAMBERW1 State of the Cty Rancho Mirage43125001104110 115806 190.00
10/17/202502007940 RETAIL COACH LLCW1 Retail Mkt Analysis Svc 10/2543090001104430 5794 3,333.33
10/17/202502007941 RYCO TOWING INC.W1 RSO Towing-T25158006043904001104210 340480 185.00
10/17/202502007942 SCOTT, CHRISW1 C. SCOTT Candidate Deposits22814006100000 5995 225.65
10/17/202502007943 SILLERS INSTITUTEW1 CLASS A LIC/TANKER ENDORSEMENT43120001104310 091525 9,000.00
10/17/202502007944 SLADDEN ENGINEERINGW1 El Paseo St Rehab Soil Testing44002002134134 58323 1,306.00
10/17/2025Report Date 11Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
55
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202502007945 SMITH, ANYSEW1 A SMITH Candidate Deposit22814006100000 6000 200.88
10/17/202502007946 STERLING ADMINISTRATIONW1 Sep 25 Admin Fees DCA & FSA43090001104154 891073 188.50
10/17/202502007947 SUNLINE TRANSIT AGENCYW1 JU25 BUS SHELTER MAINTENANCE43320001104310 INV08972 7,853.40
10/17/202502007948 T-MOBILE USA INCW1 RSO GPS Locate-T25249006643904001104210 9617663394 165.00
10/17/202502007948 T-MOBILE USA INCW1 RSO GPS Locate-T25102000243904001104210 9617663313 115.00
10/17/202502007949 T-MOBILE USA INCW1 MIFI- CITY COUNCIL43650001104110 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - CIP43650001104134 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - CIP43650001104134 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - FINANCE43650001104150 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 Handset/Accessory Charge43650001104190 203492119-SEPT25 46.20
10/17/202502007949 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - CODE43650001104422 203492119-SEPT25 34.42
10/17/202502007949 T-MOBILE USA INCW1 MIFI - CODE43650001104422 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - CODE43650001104422 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - CODE43650001104422 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - CODE43650001104422 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - CODE43650001104422 203492119-SEPT25 31.35
10/17/202502007949 T-MOBILE USA INCW1 MIFI - LANDSCAPING43650001104614 203492119-SEPT25 31.35
10/17/2025Report Date 12Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
56
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202502007949 T-MOBILE USA INCW1 MIFI- LIBRARY43650002524662 203492119-SEPT25 34.42
10/17/202502007949 T-MOBILE USA INCW1 VEHICLE GPS MONITORING 9.2543340001104331 978220384-46 1,576.96
10/17/202502007949 T-MOBILE USA INCW1 VEHICLE GPS MONITORING 8.2543340001104331 978220384-45 1,576.96
10/17/202502007949 T-MOBILE USA INCW1 VEHICLE GPS MONITORING 7.2543340001104331 978220384-44 1,482.47
10/17/202502007950 TAG/AMS INC.W1 DOT Physical New 9.3 and 9.443056001104154 5298 350.00
10/17/202502007951 TOPS N BARRICADES INC.W1 ST STRIPING SUPPLIES42190001104310 1115879 1,522.50
10/17/202502007952 VARIETY-THE CHILDREN'SW1 OA FY25-26 Variety43880001104800 OA FY25/26 2,500.00
10/17/202502007953 WAXIEW1 MISC SUPPLIES - CITY HALL42190001104340 83533938 79.38
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - CC PARK43320011104610 232630 750.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - CC PARK43320011104610 233853 2,000.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - TRI-CITIES43371001104610 233853 600.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - SAN PABLO43370011104614 231476 10,125.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - MEDIANS43370011104614 232630 15,425.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - SAN PABLO43370011104614 232634 15,350.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - SAN PABLO43370011104614 233853 400.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - ENTRADA43921011104614 232630 1,500.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - ENTRADA43921011104614 233853 600.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - CC PARK43320011104610 233131 3,925.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - PARKS43320011104611 233131 975.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - MEDIANS43370011104614 233131 2,625.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - SONATA II43095002754684 231388 975.00
10/17/202502007954 WEST COAST ARBORISTS INCW1 MISC TREE WORK - HAYSTACK43095002764374 233131 450.00
10/17/202502007955 XPRESS GRAPHICSW1 FY2526 LIBRARY PROGRAM FLYERS43610002524662 25-73837 336.32
10/17/202502007955 XPRESS GRAPHICSW1 University Prk St Imps Mailers44002002114134 25-73396 842.76
10/17/202502007955 XPRESS GRAPHICSW1 Cahuilla Prk Imps Mailers44002004004618 25-73582 1,101.00
10/17/202502007955 XPRESS GRAPHICSW1 State of the City Program card43610001104417 25-73836 117.11
10/17/202502007955 XPRESS GRAPHICSW1 State of the City - Banner43610001104417 25-73754 71.84
10/17/2025Report Date 13Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
57
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/17/2025 - 10/17/2025
City of Palm Desert
Account Number
10/17/202502007955 XPRESS GRAPHICSW1 State of the City Programs43610001104417 25-73801 1,173.28
Examined and Approved Total For Bank ID - W1
3,223,884.73City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
10/17/2025Report Date 14Page City and Housing
Docusign Envelope ID: 0579FC5A-7BDB-4562-B7F3-D9826F8DB660
58
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202500005576 ADVANTEC CONSULTING ENGINEERSW1 TO0019423 TRAFFIC ENG SRVS45430101104423 9803-0308-05-01 1,997.50
10/24/202500005576 ADVANTEC CONSULTING ENGINEERSW1 AG25 TRAFFIC MGMT SYSTEM REP44001004004250 9803-0308-04-05 72,271.40
10/24/202500005577 AETNA RESOURCES FOR LIVINGW1 OCT25 EMPLOYEE ASSISTANCE PRG43090001104154 E0352593 211.25
10/24/202500005577 AETNA RESOURCES FOR LIVINGW1 SEP25 EMPLOYEE ASSISTANCE PRG43090001104154 E0350927 211.25
10/24/202500005578 ALLEY, JEFFREY LYNNW1 COPS Donuts 10.14.2543060011104211 ALLEY 10.13.25 58.01
10/24/202500005579 ALLIANT INSURANCE SERVICES INCW1 Ins for Oct 2025 Concerts43061011104416 3259797 2,274.00
10/24/202500005580 ALTUM GROUPW1 SEP25 PROF SVC-CSUSB-PDC FLOOD42191001104159 10438 235.50
10/24/202500005581 AMAZON CAPITAL SERVICES INC.W1 BREAKRM SUPPLIES42190002524662 13VW-VFTM-41RH 207.31
10/24/202500005581 AMAZON CAPITAL SERVICES INC.W1 LIBRARY KITCHEN SUPPLIES42190002524662 1V64-1DWR-1VK6 47.51
10/24/202500005581 AMAZON CAPITAL SERVICES INC.W1 LIBRARY EMERGENCY SUPPLIES42190002524662 1GDC-RM6H-FFPN 34.76
10/24/202500005581 AMAZON CAPITAL SERVICES INC.W1 FY2526 PROGRAMMING-BK KITS43900002524662 13VW-VFTM-QFHK 8.32
10/24/202500005581 AMAZON CAPITAL SERVICES INC.W1 FY2526 PROGRAMMING- BK KITS43900002524662 1TV1-RWD7-RRTH 110.05
10/24/202500005581 AMAZON CAPITAL SERVICES INC.W1 FY2526 PROGRAMMING MATRLS-OCT43900002524662 1QPR-L9XQ-FXKN 499.52
10/24/202500005581 AMAZON CAPITAL SERVICES INC.W1 FY2526 PROGRAMMING MAT-FIREBDS43900002524662 1K6P-VGM3-YDJ4 428.85
10/24/202500005582 AVENU MUNISERVICES LLCW1 STARS Services Q2 2025 APR-JUN43090001104159 INV06-021788 1,168.13
10/24/202500005583 BMW MOTORCYCLE OF RIVERSIDEW1 FY 25/26 RSO POLICE MTRCYCLE R43340001104210 6039802 949.05
10/24/202500005583 BMW MOTORCYCLE OF RIVERSIDEW1 FY 25/26 RSO POLICE MTRCYCLE R43340001104210 6039806 478.45
10/24/202500005583 BMW MOTORCYCLE OF RIVERSIDEW1 FY 25/26 RSO POLICE MTRCYCLE R43340001104210 6039696 1,298.79
10/24/202500005584 DESERT AIR CONDITIONING INC.W1 SP25 P/M HVAC SRV - CORPYARD43310001104330 265570 1,883.00
10/24/202500005584 DESERT AIR CONDITIONING INC.W1 SP25 P/M HVAC SRV - FS 67 / 7143310002304220 265570 1,097.00
10/24/202500005584 DESERT AIR CONDITIONING INC.W1 SP25 P/M HVAC SRV - iHUB BLDG43950004254430 265570 1,608.00
10/24/202500005585 DESERT NAPA AUTO PARTSW1 SMALL TOOLS - CORPYARD42190001104310 156961 65.65
10/24/202500005585 DESERT NAPA AUTO PARTSW1 SAFETY SUPPLIES - CORPYARD42190001104330 160042 65.22
10/24/202500005585 DESERT NAPA AUTO PARTSW1 R/M FLEET #100 - LEASE43340001104331 158470 41.30
10/24/202500005586 ENTERPRISE HOLDINGS INCW1 FY 25/26 car rentals for the43904001104210 40043439 1,427.01
10/24/202500005587 ESCOBEDO, CHRISTOPHERW1 LOCC CR ADV MILE 10/8-10/25 CE11501001100000 CLR ADV 10.8.25 -180.60
10/24/202500005587 ESCOBEDO, CHRISTOPHERW1 LOCC CLR ADV MEI 10/8-10/25 CE11501001100000 CLR ADV 10.8.25 -215.00
10/24/2025Report Date 1Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
59
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202500005587 ESCOBEDO, CHRISTOPHERW1 LOCC CLR ADV LDG 10/8-10/25 CE11501001100000 CLR ADV 10.8.25 -578.65
10/24/202500005587 ESCOBEDO, CHRISTOPHERW1 LOCC MILE 10/8-10/25 CE43115001104130 LOCC 10.8.25 180.60
10/24/202500005587 ESCOBEDO, CHRISTOPHERW1 Escobedo LOCC 10.08.-10.10.2543120001104130 PARK 10.8.25 70.00
10/24/202500005587 ESCOBEDO, CHRISTOPHERW1 Escobedo LOCC 10.08.-10.10.2543120001104130 UBER 10.8.25 16.88
10/24/202500005587 ESCOBEDO, CHRISTOPHERW1 LOCC LDG 10/8-10/25 CE43120001104130 LOCC 10.8.25 578.66
10/24/202500005587 ESCOBEDO, CHRISTOPHERW1 LOCC PRDM 10/8-10/25 CE43120001104130 LOCC 10.8.25 215.00
10/24/202500005588 FG CREATIVE INCW1 RADIO ADS PDAC: The Eagle SP2543090002424549 10374 2,240.00
10/24/202500005588 FG CREATIVE INCW1 Facebook Campaign - SP2543090002424549 10374 248.99
10/24/202500005588 FG CREATIVE INCW1 Facebook Campaign - OC2543090002424549 10374 150.00
10/24/202500005588 FG CREATIVE INCW1 Retainer - Oc2543090002424549 10374 1,200.00
10/24/202500005588 FG CREATIVE INCW1 Monthly Agency Fee SP2543215002714491 10372 3,500.00
10/24/202500005588 FG CREATIVE INCW1 Print/Graphic Design SP2543215002714491 10372 1,000.00
10/24/202500005588 FG CREATIVE INCW1 Social Media Services SP2543215002714491 10372 3,000.00
10/24/202500005588 FG CREATIVE INCW1 Merchant Relations SP2543215002714491 10372 2,250.00
10/24/202500005588 FG CREATIVE INCW1 Street Activations SP2543215002714491 10372 950.00
10/24/202500005588 FG CREATIVE INCW1 Content Capture SP/OC2543215002714491 10372 5,000.00
10/24/202500005589 FULTON DISTRIBUTINGW1 JANITORIAL SUPPLIES - CH42190001104340 679616 1,086.00
10/24/202500005590 HARRIS & ASSOCIATESW1 Housing Assessment 8.24-9.2743090008704195 69465 6,938.75
10/24/202500005591 HODGES, ANGELIQUEW1 LIBR. WASP DECOY 8.25.2542190002524662 LIB SUPLY AH8.25 15.17
10/24/202500005591 HODGES, ANGELIQUEW1 F&B STAFF TRAING DAY 10.27.2543125002524662 TRAING AH10.13 105.01
10/24/202500005591 HODGES, ANGELIQUEW1 CITY HALL HALLWN. TREAT 10/443900002524662 HOL.TREAT AH10.4 64.83
10/24/202500005591 HODGES, ANGELIQUEW1 BOO BASH CANDY 10.25.2543900002524662 BOOBASH AH 10.13 37.98
10/24/202500005592 HORIZON PROFESSIONAL LANDSCAPEW1 LMA 7 XTRA LNDS - HOVLEY CT W43321002754696 6867 795.00
10/24/202500005592 HORIZON PROFESSIONAL LANDSCAPEW1 LMA 7 XTRA LNDS - PP I / II43321002774373 6864 400.00
10/24/202500005592 HORIZON PROFESSIONAL LANDSCAPEW1 LMA 7 XTRA LNDS - PALM GATE43321002804374 6865 910.00
10/24/202500005592 HORIZON PROFESSIONAL LANDSCAPEW1 LMA 7 XTRA LNDS - COLL VIEW II43321002874374 6866 980.00
10/24/202500005592 HORIZON PROFESSIONAL LANDSCAPEW1 TO0018576 SOD INSTALL - HOVLEY43320011104611 6863 2,301.00
10/24/2025Report Date 2Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
60
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202500005593 M & M SWEEPING INCW1 SP25 CITYWIDE STREET SWEEPING43320001104310 69685 17,351.67
10/24/202500005593 M & M SWEEPING INCW1 SP25 PRKNG LOT SWEEP - CY43310001104330 69685 370.83
10/24/202500005593 M & M SWEEPING INCW1 SP25 PRKNG LOT SWEEP - CC43321001104610 69685 833.33
10/24/202500005593 M & M SWEEPING INCW1 SP25 PRKNG LOT SWEEP - PARKS43325011104611 69685 670.83
10/24/202500005593 M & M SWEEPING INCW1 SP25 PRKNG LOT SWEEP - ENTRADA43921011104614 69685 269.17
10/24/202500005593 M & M SWEEPING INCW1 SP25 PRKNG LOT SWEEP - PDAC43311012424549 69685 194.17
10/24/202500005593 M & M SWEEPING INCW1 SP25 PRKNG LOT SWEEP - PP E/W43091032774373 69685 647.50
10/24/202500005593 M & M SWEEPING INCW1 SP25 PRKNG LOT SWEEP - PP III43091032824373 69685 458.33
10/24/202500005593 M & M SWEEPING INCW1 SP25 PRKNG LOT SWEEP PARKVIEW43696015104195 69685 204.17
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 LMA 1 WEED ABATEMENT - STREETS43320001104310 116235 5,766.00
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 LMA 1 WEED ABATEMENT - STREETS43320001104310 116236 4,805.00
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 SP25 LMA 1 LNDS MAINT MEDIANS43370011104614 115991 30,647.00
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 SP25 LMA 2 LNDS MAINT MEDIANS43370011104614 115992 24,049.00
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 LMA 1 XTRA LNDS SRV - FW43370011104614 116327 1,030.32
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 LMA 2 WEED ABATEMENT - STREETS43320001104310 115832 2,908.00
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 AG25 LMA 1 WEED ABTMNT-STREETS43320001104310 115833 5,425.00
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 SP25 LMA2XTRA LNDS SRV-MEDIANS43370011104614 116328 2,935.66
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 JL25LMA9XTRA LNDS SRV-EL PASEO43370011104614 115914 3,545.77
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 SP25 LMA 9 LNDS MAINT -MEDIANS43370011104614 115975 25,364.04
10/24/202500005594 MARIPOSA LANDSCAPES INCW1 SP25 LMA 9 LNDS MAINT -ENTRADA43921011104614 115975 5,166.82
10/24/202500005595 MATRIX CONSULTING GROUP LTDW1 SP25 FLEET VEHICLE STUDY44030005304310 1559-24#8 4,400.00
10/24/202500005596 MODERN MISTING SYSTEMS INCW1 R/M MISTER SYSTEM - PARKS43325011104611 24729 2,606.75
10/24/202500005596 MODERN MISTING SYSTEMS INCW1 R/M MISTER SYSTEM - PARKS43325011104611 24765 4,292.89
10/24/202500005597 MONTES-BELLOWS, DANIELAW1 Live Scan Service43056001104154 D MONTES LS 61.00
10/24/202500005598 ORTEGA, CRISTALW1 RISK TRAINING MILE9/30-10/3 CO43115001104150 000220 189.00
10/24/202500005598 ORTEGA, CRISTALW1 RISK TRAINING PRDM9/30-10/3 CO43120001104150 000220 301.00
10/24/202500005598 ORTEGA, CRISTALW1 RISK TRAINING LDG 9/30-10/3 CO43120001104150 000220 899.91
10/24/2025Report Date 3Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
61
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202500005599 PAINTERS WAREHOUSE OFW1 GRAFFITI REMOVAL SUPPLIES43915021104310 7EQMR 285.99
10/24/202500005600 PALM DESERT ACE HARDWAREW1 JANITORIAL SUPPLIES -CITY HALL42190001104340 252008 40.82
10/24/202500005600 PALM DESERT ACE HARDWAREW1 BANNER SUPPLIES - CITY HALL42190001104340 252182 101.06
10/24/202500005600 PALM DESERT ACE HARDWAREW1 R/M ELECT SUPPLIES - CITY HALL43310001104340 252107 26.08
10/24/202500005600 PALM DESERT ACE HARDWAREW1 R/M BLDG SUPPLIES - CITY HALL43310001104340 252082 17.38
10/24/202500005600 PALM DESERT ACE HARDWAREW1 R/M BLDG SUPPLIES - CITY HALL43310001104340 252178 4.99
10/24/202500005600 PALM DESERT ACE HARDWAREW1 CP SUPPLIES-E GALLARDO42110001104134 252284 7.50
10/24/202500005601 PALM DESERT UNIVERSITY GATEWAY LLCW1 Reimb/Street Impr - Technology43320004004311 PDTD 001 554,061.15
10/24/202500005602 PASCO DOORSW1 R/M DOORS - CITY HALL43310001104340 103386 438.75
10/24/202500005602 PASCO DOORSW1 NEW ENTRY DOOR - CIVIC CENTER44001004504161 11829-1J 11,925.00
10/24/202500005603 PB LOADERW1 PURCHASE OF CNG STREET SWEEPER44030005304310 024171 633,312.83
10/24/202500005604 PYE BARKERW1 R/M ALARM - CITY HALL/HIST43310001104340 7170012 500.79
10/24/202500005604 PYE BARKERW1 R/M ALARM - CITY HALL43310001104340 7014716 462.50
10/24/202500005604 PYE BARKERW1 R/M ALARM - CITY HALL43310001104340 7168424 229.14
10/24/202500005604 PYE BARKERW1 R/M ALARM - STATE BLDG43696025104195 7014714 652.48
10/24/202500005605 RHYTHM TECH PRODUCTIONS LLCW1 AV Svs for Concert 10/23/202543061011104416 172410232025 3,307.50
10/24/202500005606 RICE CONSTRUCTIONW1 Clean & Maint Svs SP2543372004364650 5444 9,288.10
10/24/202500005607 STAPLES BUSINESS ADVANTAGEW1 COPS Printer Ink43060011104211 6036929439 360.75
10/24/202500005608 THE PITTSBURGH PAINTS COW1 R/M BLDG PAINT - CITY HALL43310001104340 972220008442 63.26
10/24/202500005609 TJKM TRANSPORTATION CONSULTANTSW1 TO0012611 TRAFFIC CNSULT AUG2550009062134250 0056845 200.00
10/24/202500005610 TKE ENGINEERING INCW1 CIP GEN ENG SVCS-CST0000243011501104423 2025-1238 1,042.50
10/24/202500005610 TKE ENGINEERING INCW1 CIP GEN ENG SVCS-CST0000243011501104423 2025-1240 600.00
10/24/202500005611 UNITY COURIER SERVICEW1 FY2526 Book Courier Service43090002524662 36393 376.11
10/24/202500005612 VASQUEZ, AILEENW1 F&B for 9.25 HR Coffee Chat43095011104154 AVASQUEZ 9.24.25 125.92
10/24/202500005612 VASQUEZ, AILEENW1 Donuts for 9.25 HRCoffee Chat43095011104154 AVASQUEZ 9.25 1 37.00
10/24/202500005612 VASQUEZ, AILEENW1 Burritos for 9.25 HRCoffeeChat43095011104154 AVASQUEZ 9.25 2 309.61
10/24/202500005612 VASQUEZ, AILEENW1 Cupcakes for AllEmp Mtg 9.8.2543095011104154 AVASQUEZ 9.8.25 84.51
10/24/2025Report Date 4Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
62
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 17 LNDS MAINT - CC PK43320011104610 238378 16,200.00
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 17 LNDS MAINT -FIELDS43371001104610 238378 4,500.00
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 16 LNDS MAINT - PARKS43320011104611 238168 37,115.00
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 17 LNDS MAINT - MAG43320011104611 238378 4,000.00
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 16 LNDS MAINT - COMM43910001104611 238168 985.00
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 17 LNDS MAINT - PDAC43311012424549 238378 1,400.00
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 16 LNDS MAINT - HAYST43320002764374 238168 3,950.00
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 17 LNDS MAINT - PRKVW43696015104195 238378 2,000.00
10/24/202500005613 VINTAGE ASSOCIATESW1 SP25 LMA 17 LNDS MAINT - STATE43696025104195 238378 300.00
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 101311503001100000 823478809 -95.43
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 130411503001100000 823478809 31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 136411503001100000 823478809 -31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 105911503001100000 823478809 31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP Premium 09/202521614001100000 823478809 4,485.23
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP Rounding41122001104150 823478809 -0.02
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 137241122001104300 823478809 -31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 137641122001104310 823478809 -31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 137141122001104310 823478809 -31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 136341122001104340 823478809 -63.62
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 136741122001104470 823478809 31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 136841122001104470 823478809 31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 134441122002524662 823478809 31.81
10/24/202500005614 VISION SERVICE PLAN INC.W1 VSP 134041122002524662 823478809 31.81
10/24/202500005615 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5762376 518.74
10/24/202500005615 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5764152 2,247.86
10/24/202500005615 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5766353 1,037.48
10/24/202500005615 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5765423 1,106.64
10/24/2025Report Date 5Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
63
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202500005616 WESTERN SYSTEMS INCW1 R/M TRAFFIC SUPPLIES43325001104250 0000068508 399.66
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PARKVIEW ESTATES43090002724374 010-63478 121.87
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - DESERT MIRAGE43090002734680 010-63478 238.43
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - SANDCASTLES43090002734681 010-63478 188.87
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PRIMROSE II43090002734682 010-63478 245.56
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - DIAMONDBACK43090002754643 010-63478 227.14
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - MONT MEADOWS43090002754680 010-63478 246.95
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - HOVLEY GLEN43090002754681 010-63478 224.57
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - HOVLEY ESTATES43090002754682 010-63478 225.71
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - SONATA I43090002754683 010-63478 224.57
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - SONATA II43090002754684 010-63478 296.54
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - HOVLEY COLLECTION43090002754685 010-63478 245.68
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - LA PALOMA I43090002754686 010-63478 225.71
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - LA PALOMA II43090002754687 010-63478 225.96
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - LA PALOMA III43090002754693 010-63478 223.05
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - SANDPIPER COURT43090002754694 010-63478 224.23
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - SANDPIPER WEST43090002754695 010-63478 224.23
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - HOVLEY CT WEST43090002754696 010-63478 224.11
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PALM COURT43090002754697 010-63478 183.38
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - CANYON COVE43090002764374 010-63478 418.99
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - VINEYARDS43090002784374 010-63478 348.04
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - WARING COURT43090002794374 010-63478 224.57
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PALM GATE43090002804374 010-63478 244.54
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - THE GROVE43090002814374 010-63478 306.08
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PORTOLA PLACE43090002834374 010-63478 231.56
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - KAUFMAN N BROAD43090002854374 010-63478 361.52
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - CANYON CREST43090002864374 010-63478 288.29
10/24/2025Report Date 6Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
64
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - COLLEGE ESTATES II43090002874374 010-63478 233.30
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - THE BOULDERS43090002874680 010-63478 180.37
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - SUNDANCE WEST43090002874681 010-63478 233.79
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PETUNIA I43090002874682 010-63478 182.36
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - SUNDANCE EAST43090002874683 010-63478 178.86
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - COLLEGE ESTATES I43090002874684 010-63478 192.46
10/24/202500005617 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PALM DESERT CC43090002994374 010-63478 1,839.04
10/24/202500005618 WINGED SOLUTIONS INCW1 JU25 CC PARK BIRD MITIGATION43320011104610 WS063025PD 372.00
10/24/202500005618 WINGED SOLUTIONS INCW1 JL25 CC PARK BIRD MITIGATION43320011104610 WS073125CP 248.00
10/24/202500005618 WINGED SOLUTIONS INCW1 AG25 CC PARK BIRD MITIGATION43320011104610 WS083025PD 310.00
10/24/202502007957 AED SERVICE AMERICA INCW1 AED EQUIP 8.75% SALES TAX20702002420000 20632 -84.18
10/24/202502007957 AED SERVICE AMERICA INCW1 AED PLUS TRAINING EQUIP42190002424549 20632 1,075.39
10/24/202502007958 AETNA RESOURCES FOR LIVINGW1 EMS (9/15/25) RUN 25-44673534124002300000 2025090152 322.57
10/24/202502007959 AIR & HOSE SOURCE INCW1 CLEANING SUPPLIES - STREETS42190001104310 631951 532.33
10/24/202502007960 AT&TW1 RSO Location Fees-T25221005443904001104210 586476 875.00
10/24/202502007960 AT&TW1 RSO Location Fees-T25233013743904001104210 586986 925.00
10/24/202502007961 BLUE SHIELD OF CALIFORNIAW1 EMS (9/15/25) RUN 25-18901934124002300000 2025039180 425.00
10/24/202502007962 CASC ENGINEERING ANDW1 AG25 MS4 / NPDES SERVICES44001001104396 0053905 6,990.75
10/24/202502007963 COACHELLA VALLEY WATER DIST.W1 OC25 ERC/iHUB CVWD43950004254430 720041309104OC25 69.98
10/24/202502007964 CONSOLIDATED ELECTRICALW1 SMALL TOOLS - CITY HALL42190001104340 5725-1167784 62.27
10/24/202502007965 CRISCOM COMPANY INCW1 NOV25 Grant Writing Advocacy43090001104159 271602 3,750.00
10/24/202502007966 DAVIS, LORIW1 Poet Laureate for City Events43092004364650 OCTOBER 2 2025 875.00
10/24/202502007967 DEPARTMENT OF JUSTICEW1 FY 25/26 RSO BLOOD ALCOHOL43904001104210 854530 140.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I93621 -1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I93288 -1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 SP25 COFFEE RENTAL - CORPYARD42190001104330 I93288 107.74
10/24/202502007968 DEPENDABLE BREAK ROOMW1 SP25 COFFEE RENTAL - CORPYARD42190001104330 I93288 1.00
10/24/2025Report Date 7Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
65
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202502007968 DEPENDABLE BREAK ROOMW1 SP25 COFFEE RENTAL - PW43090001104340 I93621 107.74
10/24/202502007968 DEPENDABLE BREAK ROOMW1 SP25 COFFEE RENTAL - PW43090001104340 I93621 1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 MI37926 -1.46
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I90577 -1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I90045 -1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I90290 -1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 MI38040 -1.27
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I91411 -0.34
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I89307 -1.30
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I92495 -0.34
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I92661 -0.34
10/24/202502007968 DEPENDABLE BREAK ROOMW1 Sales Tax Adj 1%20702001100000 I93518 -1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 AG25 COFFEE RENTAL - CORPYARD42190001104330 I90290 107.74
10/24/202502007968 DEPENDABLE BREAK ROOMW1 AG25 COFFEE RENTAL - CORPYARD42190001104330 I90290 1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CORPYARD42190001104330 MI38040 643.73
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CORPYARD42190001104330 MI38040 1.27
10/24/202502007968 DEPENDABLE BREAK ROOMW1 R/M COFFEE RENTAL - CORPYARD42190001104330 I89307 140.06
10/24/202502007968 DEPENDABLE BREAK ROOMW1 R/M COFFEE RENTAL - CORPYARD42190001104330 I89307 1.30
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH42190001104340 MI37926 1,012.94
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH42190001104340 MI37926 1.46
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH42190001104340 I91411 544.51
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH42190001104340 I91411 0.34
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH42190001104340 I92495 652.73
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH42190001104340 I92495 0.34
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH42190001104340 I92661 562.54
10/24/202502007968 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH42190001104340 I92661 0.34
10/24/202502007968 DEPENDABLE BREAK ROOMW1 AG25 COFFEE RENTAL - NW43090001104340 I90577 107.74
10/24/2025Report Date 8Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
66
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202502007968 DEPENDABLE BREAK ROOMW1 AG25 COFFEE RENTAL - NW43090001104340 I90577 1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 AG25 COFFEE RENTAL - PW43090001104340 I90045 107.74
10/24/202502007968 DEPENDABLE BREAK ROOMW1 AG25 COFFEE RENTAL - PW43090001104340 I90045 1.00
10/24/202502007968 DEPENDABLE BREAK ROOMW1 SP25 COFFEE RENTAL - NW43090001104340 I93518 107.74
10/24/202502007968 DEPENDABLE BREAK ROOMW1 SP25 COFFEE RENTAL - NW43090001104340 I93518 1.00
10/24/202502007969 DESERT CANCER FOUNDATIONW1 Sponsor Paint El Paseo Pink 2543062011104800 2432 2,500.00
10/24/202502007970 DESERT PIPE & SUPPLYW1 R/M PLUMBING - CITY HALL43310001104340 0017066190 15.96
10/24/202502007970 DESERT PIPE & SUPPLYW1 R/M PLUMBING - CC PARK43310001104610 0017056470 405.91
10/24/202502007970 DESERT PIPE & SUPPLYW1 R/M PLUMBING - CC PARK43310001104610 0017071310 288.76
10/24/202502007970 DESERT PIPE & SUPPLYW1 R/M PLUMBING - JOEMANN43310001104611 0017066930 622.78
10/24/202502007970 DESERT PIPE & SUPPLYW1 R/M PLUMBING - FREEDOM43310001104611 0017069590 346.23
10/24/202502007971 DESERT RECREATION DISTRICTW1 AG25 PARK / REC SRVS - PCC43090001104344 3928 9,810.90
10/24/202502007971 DESERT RECREATION DISTRICTW1 AG25 PARK / REC SRVS - CC PARK43092001104610 3927 46,483.35
10/24/202502007972 DESERT TREE SPRAYINGW1 JL25 RODENT CTRL - CC PARK43320011104610 4388 310.00
10/24/202502007972 DESERT TREE SPRAYINGW1 AG25 RODENT CTRL - CC PARK43320011104610 4503 310.00
10/24/202502007972 DESERT TREE SPRAYINGW1 SP25 RODENT CTRL - CC PARK43320011104610 4588 310.00
10/24/202502007972 DESERT TREE SPRAYINGW1 JL25 RODENT CTRL - PARKS43320011104611 4388 305.00
10/24/202502007972 DESERT TREE SPRAYINGW1 AG25 RODENT CTRL - PARKS43320011104611 4503 305.00
10/24/202502007972 DESERT TREE SPRAYINGW1 SP25 RODENT CTRL - PARKS43320011104611 4588 305.00
10/24/202502007972 DESERT TREE SPRAYINGW1 JL25 RODENT CTRL - GARDENS43910001104611 4388 90.00
10/24/202502007972 DESERT TREE SPRAYINGW1 AG25 RODENT CTRL - GARDENS43910001104611 4503 90.00
10/24/202502007972 DESERT TREE SPRAYINGW1 SP25 RODENT CTRL - GARDENS43910001104611 4588 90.00
10/24/202502007972 DESERT TREE SPRAYINGW1 JL25 RODENT CTRL - ENTRADA43921011104614 4388 140.00
10/24/202502007972 DESERT TREE SPRAYINGW1 AG25 RODENT CTRL - ENTRADA43921011104614 4503 140.00
10/24/202502007972 DESERT TREE SPRAYINGW1 SP25 RODENT CTRL - ENTRADA43921011104614 4588 140.00
10/24/202502007972 DESERT TREE SPRAYINGW1 JL25 RODENT CTRL - K/B43321002854374 4388 90.00
10/24/202502007972 DESERT TREE SPRAYINGW1 AG25 RODENT CTRL - K/B43321002854374 4503 90.00
10/24/2025Report Date 9Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
67
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202502007972 DESERT TREE SPRAYINGW1 SP25 RODENT CTRL - K/B43321002854374 4588 90.00
10/24/202502007973 EARTH ESSENTIALS LLCW1 Nov23 Cannabis Overpayment37999991100000 REFUND 60.60
10/24/202502007974 EP BLACK LABELW1 Yum Food Fest Sponsorship 202543062011104800 119 7,500.00
10/24/202502007975 FORVIS LLPW1 6.30.24 FYE City & PFA SCO Rep43020001104151 2403820 3,465.00
10/24/202502007976 HF&H CONSULTANTS LLCW1 SOLID WASTE/RECYCLE SVCS SP2543090002364195 9722596 8,121.75
10/24/202502007977 HORIZON LIGHTING INC.W1 R/M ELECT/LIGHT - ARTIST CTR43885001104800 INV27442 860.58
10/24/202502007978 ICMAW1 Escobedo ICMA Dues43630001104130 ICMA -ESCOBEDO 1,200.00
10/24/202502007979 IN-N-OUT BURGERW1 Deposit for 3.5.26 EventE8958443095011104154 E89584 DEP 800.00
10/24/202502007980 JIMMYS BUFFETW1 Concerts in Park J Buffet 5/2943061011104416 52925 3,600.00
10/24/202502007981 JOAN P. ERICKSONW1 EMS (9/15/25) RUN 25-17904134124002300000 2025038375 50.00
10/24/202502007982 KARTAL CORPORATIONW1 JL-SP25 CAR WASH SERVICE43340001104331 1496 450.00
10/24/202502007983 KATOM RESTAURANT SUPPLY INCW1 FACILITY WATER/ICE DISPENSERS44045005304310 Q787801 42,014.18
10/24/202502007984 KINCAID INDUSTRIES INCW1 R/M PLUMBING - SHERIFF CTR43695005104195 20200230 900.00
10/24/202502007985 LOWE'S HOME CENTERS INC.W1 R/M MISC SUPPLIES - TRAFFIC42190001104250 999651-092925 17.22
10/24/202502007985 LOWE'S HOME CENTERS INC.W1 R/M MISC SUPPLIES - STREETS43320001104310 987414-100625 89.82
10/24/202502007985 LOWE'S HOME CENTERS INC.W1 R/M MISC SUPPLIES - PARKS42190001104611 977996-091925 253.09
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - CORPYARD43090001104330 410206 99.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - CH AND HS43090001104340 410206 114.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - PORTOLA CC43090001104344 410206 43.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - CC PARK43092001104610 410206 70.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - PARKS43320011104611 410206 224.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - COMM GARD43910001104611 410206 11.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CNTRL - ARTISTS CTR43885001104800 410206 44.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - FS43310002304220 410206 129.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - PDAC43090002424549 410206 44.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - LIBRARY43090002524662 410206 43.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CTRL - SHERIFF SUB43695005104195 410206 46.00
10/24/2025Report Date 10Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
68
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - PARKVIEW43696015104195 410206 44.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - STATE BLDG43696025104195 410206 44.00
10/24/202502007986 ON THE FLY TERMITE & PESTW1 SP25 PEST CONTROL - HENDERSON43698005104195 410206 43.00
10/24/202502007987 PAUL DAVIS RESTORATIONW1 Wallaroo Lead & Asbestos 202543090001104430 306163 5,200.00
10/24/202502007988 POWERSTRIDE BATTERY COMPANYW1 R/M BATTERIES - TRAFFIC SIGNAL43325001104250 P703860 1,334.75
10/24/202502007988 POWERSTRIDE BATTERY COMPANYW1 R/M BATTERIES - TRAFFIC SIGNAL43325001104250 P704107 395.85
10/24/202502007988 POWERSTRIDE BATTERY COMPANYW1 R/M BATTERIES - GOLF CARTS43340001104331 P704011 1,309.73
10/24/202502007989 PROPER SOLUTIONS INC.W1 TEMP OA DEV SVCS_9/1243003001104470 17529 1,314.88
10/24/202502007989 PROPER SOLUTIONS INC.W1 TEMP OA DEV SVCS_9/2643003001104470 17561 1,643.60
10/24/202502007989 PROPER SOLUTIONS INC.W1 TEMP OA DEV SVCS_9/1943003001104470 17545 1,643.60
10/24/202502007989 PROPER SOLUTIONS INC.W1 TEMP OA DEV SVCS_10/343003001104470 17580 1,479.24
10/24/202502007989 PROPER SOLUTIONS INC.W1 TEMP OA DEV SVCS_10/1043003001104470 17600 1,643.60
10/24/202502007990 QUINTANILLA, KARINAW1 KQ SCAG LDG 10.1.2511501001100000 CLR ADV10.1.25 -259.47
10/24/202502007990 QUINTANILLA, KARINAW1 Quintanilla SCAG MEI 10.1.2511501001100000 CLR ADV10.1.25 -129.00
10/24/202502007990 QUINTANILLA, KARINAW1 KQ SCAG Mileage 10.1.2543115001104110 KQ MILE 10.01.25 172.20
10/24/202502007990 QUINTANILLA, KARINAW1 KQ SCAG Parking 10.1.2543120001104110 PARK 10.01.25 65.00
10/24/202502007990 QUINTANILLA, KARINAW1 KQ SCAG MEI 10.1.2543120001104110 MEI 10.01.25 129.00
10/24/202502007990 QUINTANILLA, KARINAW1 KQ SCAG LDG 10.1.2543120001104110 LDG 10.01.25 220.65
10/24/202502007991 RIVER INC.W1 Balance of honorarium44002004364650 C42970CTHOMSON 500.00
10/24/202502007992 SKYLINE SAFETY AND SUPPLYW1 R/M SAFETY SUPPLIES - PARKS42190001104611 9541 331.24
10/24/202502007993 SOUTH COAST AQMDW1 FY 25/26 REINSTATE GEN PERMT43640001104330 4544283A 282.82
10/24/202502007994 SOUTHWEST AQUATICSW1 XTRA R/M LAGOON - CC PARK43320011104610 09-23795 750.00
10/24/202502007995 ST. FRANCIS ELECTRIC LLCW1 R/M TRAFFIC - VARIOUS SEPT2543325001104250 25062107 1,850.00
10/24/202502007995 ST. FRANCIS ELECTRIC LLCW1 SP25 R/M TRAFFIC SIGNAL43325001104250 25062106 3,283.50
10/24/202502007995 ST. FRANCIS ELECTRIC LLCW1 R/M TRAFFIC - HWY 111 / HWY 7443325001104250 25062108 2,889.79
10/24/202502007995 ST. FRANCIS ELECTRIC LLCW1 R/M TRAFFIC - HWY 111/SP43325001104250 25062109 9,375.00
10/24/202502007995 ST. FRANCIS ELECTRIC LLCW1 R/M TRAFFIC - GF/REMBRANDT43325001104250 25062110 1,200.00
10/24/2025Report Date 11Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
69
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/24/2025 - 10/24/2025
City of Palm Desert
Account Number
10/24/202502007996 SUNLINE TRANSIT AGENCYW1 SP25 BUS SHELTERS MAINTENANCE43320001104310 INV09181 8,089.20
10/24/202502007997 U S POSTMASTERW1 Brightside Postage NV/DC2543026001104417 BRIGHTSIDE NV25 8,347.24
10/24/202502007998 WEST COAST ARBORISTS INCW1 PALM PRUNING - PARKS43320011104611 231991 2,925.00
10/24/202502007998 WEST COAST ARBORISTS INCW1 PALM PRUNING - MEDIANS43370011104614 231991 39,816.00
10/24/202502007998 WEST COAST ARBORISTS INCW1 PALM PRUNING - MEDIANS43370011104614 233846 2,405.00
10/24/202502007998 WEST COAST ARBORISTS INCW1 PALM PRUNING - PP E/W43321002774373 231991 1,365.00
10/24/202502007998 WEST COAST ARBORISTS INCW1 PALM PRUNING - PP III43321002824373 231991 910.00
10/24/202502007999 XPRESS GRAPHICSW1 Emergency Card - Animal Inside43223011104417 25-73592 322.37
10/24/202502007999 XPRESS GRAPHICSW1 Concerts in The Park - Rack Ca43610001104417 25-73758 151.72
10/24/202502007999 XPRESS GRAPHICSW1 State of the City - Foam Board43610001104417 25-73915 384.41
Examined and Approved Total For Bank ID - W1
1,830,914.93City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
10/24/2025Report Date 12Page City and Housing
Docusign Envelope ID: 3ACC8E31-635C-4379-8A85-6F206EFF28A1
70
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202500005619 A+ WINDOW & GUTTER CLEANINGW1 R/M BLDGS ROOF - CH43310001104340 10036 4,650.00
10/30/202500005620 ADVANTEC CONSULTING ENGINEERSW1 TO0019423 TRAFFIC ENG SRVS45430101104423 9803-0308-03-05 3,195.00
10/30/202500005620 ADVANTEC CONSULTING ENGINEERSW1 TO0019423 TRAFFIC ENG SRVS45430101104423 9803-0308-03-05B 525.00
10/30/202500005621 ALTUM GROUPW1 SP25 CAHUILLA HILLS ADA IMPROV44002004004618 10435 340.00
10/30/202500005621 ALTUM GROUPW1 On-Call Planning Svcs SE2543005001104470 10411 13,649.91
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 OFFICE SUPPLIES42110001104300 1WXD-X17N-934K 27.04
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 OFFICE SUPPLIES42110001104300 1VYX-FW6X-9PLG 342.53
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 OFFICE SUPPLIES42110001104300 1R3J-NRY9-CFYQ 65.22
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 OFFICE SUPPLIES42110001104300 1C1H-CJK4-1T93 9.56
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 CREDIT INV 1HFK-6F1T-6W9K42190001104300 1YTQ-PXJW-G1RF -101.94
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 SUPPLIES OTHER42190001104300 1QGW-9K6H-7GHL 62.12
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 CREDIT INV 1QGW-9K6H-7GHL42190001104300 1MFL-Y7CX-GMPY -5.56
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 SUPPLIES OTHER42190001104330 1R6K-NFH1-4W6R 64.00
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 CREDIT INV 1R6K-NFH1-4W6R42190001104330 1WXD-X17N-C3TY -64.00
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 CREDIT INV 1HFK-6F1T-6W9K42190001104330 1YH4-FLXK-G7PC -101.94
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 OFFICE CHAIR - CORPYARD44040001104330 1X3N-QKYY-DH77 168.60
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 BREAKROOM SUPPLIES - CH42190001104340 1364-KLLW-CHRM 81.30
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 BREAKROOM SUPPLIES - CH42190001104340 16VF-WJJG-JYGP 182.10
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 BREAKROOM SUPPLIES - CH42190001104340 13VP-LLKV-MCTY 119.07
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 MATTRESS - FS 3342190002304220 1YG7-61CJ-DHKW 72.14
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 MISC FURNITURE - FS 6744040002304220 16Y7-M4CF-7GCH 807.11
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 OFFICE SUPPLIES42110001104300 1PQT-KRX7-4YHD 12.75
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 OFFICE SUPPLIES42110001104300 1MPN-VCW7-6WCW 41.42
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 OFFICE SUPPLIES42110001104300 1JGK-XLKD-MX3F 42.18
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 BREAKROOM SUPPLIES - CORPYARD42190001104330 1RV1-3MQQ-3YHV 97.95
10/30/202500005622 AMAZON CAPITAL SERVICES INC.W1 100 ID Card Name Tag Badges42190001104154 1GRR-V34C-YLMJ 58.86
10/30/202500005623 BECK OIL INCW1 FLEET GAS/DIESEL FUEL42170001104331 182745 6,274.45
10/30/2025Report Date 1Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
71
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 RETAINER FOR LEGAL43015001104120 1036020 27,438.00
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 GARBAGE LGL43015001104121 1036019 342.00
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 PUBLIC BIDDING LGL43015001104121 1036019 16,727.60
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 MOBILEHOMEPARKS LGL43015001104121 1036019 141.20
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 PUBLIC RECORDS (PRA) LGL43015001104121 1036019 8,640.80
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 SURPLUS LAND ACT LGL43015001104121 1036019 205.20
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 HOUSING LAW LGL43015001104121 1036019 4,883.80
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 VILLASPD WRIT LEGAL43015001104121 1036019 6,634.60
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 AFF HOUSING LGL43015001104121 1036019 291.20
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 SPECIALTY LGL43015001104121 1036019 34,665.68
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 PERSONNEL LGL43016001104121 1036021 590.40
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 WESTIELD LGL43093001104159 1036019 8,240.20
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 PALM COMM LGL23991008730000 1036024 1,887.75
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 BLUEBERRY LGL43015008734195 1036025 364.00
10/30/202500005624 BEST BEST & KRIEGER LLPW1 JUL25 HAF LGL43015008734195 1036023 991.80
10/30/202500005625 CDW LLCW1 HP 67XL Printer Ink42120001104190 AG3RR3A 295.63
10/30/202500005625 CDW LLCW1 Logitech Speakers42120001104190 AG4P39B 67.21
10/30/202500005625 CDW LLCW1 Tripp Keystone Jack42120001104190 AG4X85A 67.29
10/30/202500005625 CDW LLCW1 Headset, Webcam, Keyboard42120001104190 AG5EZ8B 572.66
10/30/202500005625 CDW LLCW1 Logitech Mouse42120001104190 AG47A4K 23.07
10/30/202500005625 CDW LLCW1 R- Dell Computers44040005304190 AG5EZ8B 8,760.53
10/30/202500005626 CHAVEZ, VERONICAW1 ACFR Award Paper & Frames42110001104150 HLOBBY10.22VC 20.44
10/30/202500005626 CHAVEZ, VERONICAW1 Green Belt F&B 10.16.2543121011104154 WALMART10.16VC 167.52
10/30/202500005626 CHAVEZ, VERONICAW1 Green Belt F&B 10.16.2543121011104154 COSTCO10.16VC 79.49
10/30/202500005626 CHAVEZ, VERONICAW1 CALCITIES 10.7-9.25 V. CHAVEZ11501001100000 CLR ADV 10.7VC -1,014.30
10/30/202500005626 CHAVEZ, VERONICAW1 CALCITIES 10.7-9.25 MILE VC43115001104110 TRVLREIMB10.7VC 85.96
10/30/202500005626 CHAVEZ, VERONICAW1 CALCITIES 10.7-9.25 LDG VC43120001104110 TRVLREIMB10.7VC 636.34
10/30/2025Report Date 2Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
72
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202500005626 CHAVEZ, VERONICAW1 CALCITIES 10.7-9.25 UBER VC43120001104110 TRVLREIMB10.7VC 14.91
10/30/202500005626 CHAVEZ, VERONICAW1 CALCITIES 10.7-9.25 MIE VC43120001104110 TRVLREIMB10.7VC 216.00
10/30/202500005626 CHAVEZ, VERONICAW1 CALCITIES 10.7-9.25 PRK VC43120001104110 TRVLREIMB10.7VC 76.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 HVAC REPLACEMENT - YMCA BLDG44001004504164 263501 35,478.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - STATE BLDG43696025104195 265871 309.74
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - HENDERSON43698005104195 265720 1,755.30
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CITY HALL43310001104340 263688 258.75
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CITY HALL43310001104340 262515 256.70
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CITY HALL43310001104340 264345 606.31
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - HOVLEY PARK43310001104611 263265 185.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - FREEDOM PARK43310001104611 264459 385.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - FS #3343310002304220 263283 448.22
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - FS #3343310002304220 263687 373.97
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - FS #7143310002304220 263010 293.58
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - PDAC43311012424549 264197 108.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - SHERIFF CTR43695005104195 263055 148.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - SHERIFF CTR43695005104195 264475 324.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - PARKVIEW43696015104195 264453 262.20
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - PARKVIEW43696015104195 264417 411.31
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - STATE BLDG43696025104195 263119 880.11
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - HENDERSON43698005104195 264452 216.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CORPYARD43310001104330 264668 941.42
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CORPYARD43310001104330 265091 657.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CITY HALL43310001104340 264484 512.97
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CITY HALL43310001104340 264669 1,788.99
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CITY HALL43310001104340 264670 128.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - CITY HALL43310001104340 264760 781.94
10/30/2025Report Date 3Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
73
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - ARTIST CTR43885001104800 264971 297.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - SHERIFF CTR43695005104195 264477 486.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - SHERIFF CTR43695005104195 264764 301.95
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - SHERIFF CTR43695005104195 265177 108.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - SHERIFF CTR43695005104195 265804 189.00
10/30/202500005627 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - STATE BLDG43696025104195 265802 270.00
10/30/202500005628 DESERT WILLOW GOLF COURSEW1 CIVIC ACDMY DS WILL F&B 10/1346639201104430 16342-1 899.94
10/30/202500005629 DOCUSIGN INCW1 DocuSign Renewal FY262714301001100000 111100582769 3,330.60
10/30/202500005629 DOCUSIGN INCW1 DocuSign Renewal FY252643620011104190 111100582769 9,991.80
10/30/202500005630 DOUG WALL CONSTRUCTION INCW1 TO0018651 DW CLUBHOUSE REPAINT48092004414195 4516 107,492.62
10/30/202500005630 DOUG WALL CONSTRUCTION INCW1 TO0019503 DESERT WILLOW REPAIN48092004414195 4516 16,285.10
10/30/202500005630 DOUG WALL CONSTRUCTION INCW1 TO0019477 ARTIST COUNCIL PAINT43885004504164 4518 34,710.17
10/30/202500005630 DOUG WALL CONSTRUCTION INCW1 FENCE INSTALL - HENDERSON BLDG44001004504164 4514 19,296.21
10/30/202500005631 FEHR & PEERSW1 Circulation Element AU2543005001104470 189080 7,365.00
10/30/202500005632 FRAZER LTDW1 ONE ALS PARAMEDIC UNIT44030005304220 RED49814-REV 192,185.94
10/30/202500005632 FRAZER LTDW1 ONE ALS PARAMEDIC UNIT44030005304220 RED50037-REV 191,734.38
10/30/202500005633 GONZALEZ BURDICK , MAXW1 PLA ADV CONF.MAX G. 4/1-311501002520000 PLA CONF MG4/1 364.00
10/30/202500005633 GONZALEZ BURDICK , MAXW1 PLA ADV AIRFARE MAX G. 4/1-311501002520000 PLA AIR MG 4/1 511.00
10/30/202500005633 GONZALEZ BURDICK , MAXW1 PLA ADV HOTEL MAX G. 4/1-311501002520000 PLA HOTEL MG 4/1 734.00
10/30/202500005633 GONZALEZ BURDICK , MAXW1 PLA ADV PERDIEM MAX G. 4/1-311501002520000 PLA PD MG 4/1 322.00
10/30/202500005634 GOODWIN, SHELBYW1 COFF W/MYR F&B-1 SG REIM 10/1546639201104430 CWM10-15REIM1-SG 47.20
10/30/202500005634 GOODWIN, SHELBYW1 COFF W/MYR F&B-2 SG REIM 10/1546639201104430 CWM10-15REIM2-SG 21.98
10/30/202500005634 GOODWIN, SHELBYW1 10/09/2025 Concert F/B43061011104416 WHICH WICH 10/9 132.25
10/30/202500005634 GOODWIN, SHELBYW1 10/16/2025 Concert F/B43061011104416 WHICH WICH 10/16 132.25
10/30/202500005634 GOODWIN, SHELBYW1 10/16/2025 Concert F/B43061011104416 TARGET 10/16 23.06
10/30/202500005635 HERMANN DESIGN GROUP INCW1 FY 25/26 LANDSCAPE MASTER PLAN44001002334618 24039-002 457.50
10/30/202500005635 HERMANN DESIGN GROUP INCW1 AG25 LANDSCAPE MASTER PLAN44001002334618 25012-007 11,472.50
10/30/2025Report Date 4Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
74
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202500005635 HERMANN DESIGN GROUP INCW1 AG25 HOMME ADAMS PARK DESIGN44001004004618 25043-001 2,963.00
10/30/202500005636 HIGH TECH IRRIGATION INC.W1 R/M IRRIG SUPPLIES - PARKS43320011104611 842879 56.15
10/30/202500005637 HODGES, ANGELIQUEW1 Sup. Staff MTG. F&B 10/22/2543125002524662 MEETING AH 10.22 60.98
10/30/202500005637 HODGES, ANGELIQUEW1 PROG SUPP- BK KITS REIM. AH43900002524662 PRG SUPP.AH10/25 19.97
10/30/202500005638 HR GREEN PACIFIC, INC.W1 Stormwater Drainage Sep25 Svcs44001002134370 193766 4,297.50
10/30/202500005639 IDEA PEDDLER LLCW1 Social Media - OC2543090001104417 2973 2,416.66
10/30/202500005639 IDEA PEDDLER LLCW1 Media Management - OC2543090001104417 2972 4,378.75
10/30/202500005639 IDEA PEDDLER LLCW1 Public Relations - OC2543090001104417 2974 3,666.66
10/30/202500005639 IDEA PEDDLER LLCW1 Strategy & Account Man - OC2543090001104417 2975 4,416.66
10/30/202500005639 IDEA PEDDLER LLCW1 Calendar Creative Services 2643090001104417 2976 5,000.00
10/30/202500005640 INTERWEST CONSULTING GROUP INCW1 PD UNSP UPDATE-AU2543005001104470 2330286 16,791.25
10/30/202500005641 JEREMY HARRIS CONSTRUCTION INCW1 REL-RET NUISANCE SOIL PROJECT20600004000000 RELRET-SCC00001 33,149.90
10/30/202500005642 JOE A. GONSALVES & SONW1 Oct25 State Lobbying Services43090001104112 162807 3,000.00
10/30/202500005643 KOA HILLS CONSULTING LLCW1 Data Conversion Service -SEP2543090001104190 11446 5,050.00
10/30/202500005643 KOA HILLS CONSULTING LLCW1 Data Conversion Service -AUG2543090001104190 11400 100.00
10/30/202500005644 LOZANO SMITH LLPW1 Professional Svc 9.30.2543090001104154 2257956 118.50
10/30/202500005645 MAGER, VANESSAW1 State of the City - Amazon43125001104417 V.M REIM 9.26.25 246.39
10/30/202500005645 MAGER, VANESSAW1 Vanessa REIM - Office Depot43026001104417 V.M REIM10.01.25 69.03
10/30/202500005646 MICHAEL BAKER INTERNATIONAL INCW1 SP25 CC PLAYGROUND DESIGN44001004004674 1264607 24,212.50
10/30/202500005646 MICHAEL BAKER INTERNATIONAL INCW1 CC PLAYGROUND DESIGN44001004004674 1264607 3,319.50
10/30/202500005647 MIDWEST TAPE LLCW1 FY2526 PHYSICAL DVD AND BLURY42112002524662 507874530 198.26
10/30/202500005647 MIDWEST TAPE LLCW1 FY2526 PHYSICAL DVD AND BLUE R42112002524662 507845995 109.73
10/30/202500005648 MUSCO SPORTS LIGHTING LLCW1 R/M LIGHTING - CC SPORTS FIELD43371001104610 445324 4,552.25
10/30/202500005649 NANCE, MICHELLEW1 MLG CCSEM 11/11-11/14 M.NANCE11501001100000 MNANCE-ADV111125 170.80
10/30/202500005649 NANCE, MICHELLEW1 LODG CCSEM 11/11-11/14 M.NANCE11501001100000 MNANCE-ADV111125 715.21
10/30/202500005649 NANCE, MICHELLEW1 PRDM CCSEM 11/11-11/14 M.NANCE11501001100000 MNANCE-ADV111125 301.00
10/30/202500005649 NANCE, MICHELLEW1 PARK CCSEM 11/11-11/14 M.NANCE11501001100000 MNANCE-ADV111125 105.00
10/30/2025Report Date 5Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
75
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202500005650 NEOGOVW1 NEOGOV RENEWAL FY262714301001100000 INV-146217 10,635.48
10/30/202500005650 NEOGOVW1 NEOGOV RENEWAL FY252643620011104190 INV-146217 14,889.68
10/30/202500005651 PALM DESERT CHAMBER OF COMMERCEW1 Quintanilla - PD Chamber Event43125001104110 76769 15.00
10/30/202500005651 PALM DESERT CHAMBER OF COMMERCEW1 J Pradetto - PD Chamber Event43125001104110 76782 10.00
10/30/202500005652 PENTA, RYLANDW1 COFFEE W/MYR F&B RP REIM 10/1546639201104430 CWM101525REIM-RP 66.00
10/30/202500005653 PUB Construction IncW1 TO0019834 CC DOG PK FENCE REPA43321001104610 305716 30,105.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - CORPYARD43090001104330 7077642 315.00
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - HIST SOC43090001104340 6623390 144.00
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - HIST SOC43090001104340 6623391 354.24
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - CH43090001104340 6624429 288.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - CH43090001104340 7077641 288.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - HIST SOC43090001104340 7076596 144.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - HIST SOC43090001104340 7076597 432.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - CH43090001104340 7077640 144.00
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - PCC43090001104344 6623325 225.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - PCC43090001104344 7076509 204.75
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - PDAC43090002424549 7076697 390.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - PARKVIEW43696015104195 7076541 432.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - STATE #10243696025104195 7076536 144.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - STATE #10043696025104195 7076535 144.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - HENDERSON43698005104195 7076540 144.00
10/30/202500005654 PYE BARKERW1 OC-DC25 ALARM - HENDERSON43698005104195 7076539 432.00
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - CORPYARD43090001104330 6624430 315.00
10/30/202500005654 PYE BARKERW1 R/M ALARM - CITY HALL43310001104340 7189601 175.00
10/30/202500005654 PYE BARKERW1 R/M ALARM - CITY HALL43310001104340 7189626 200.00
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - IHUB43950004254430 6623378 144.00
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - PARKVIEW43696015104195 6623349 432.00
10/30/2025Report Date 6Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
76
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - STATE BLDG43696025104195 6675399 240.00
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - STATE BLDG43696025104195 6623343 144.00
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - STATE BLDG43696025104195 6623344 118.08
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - HENDERSON43698005104195 6623347 354.24
10/30/202500005654 PYE BARKERW1 JL-SP25 ALARM - HENDERSON43698005104195 6623348 144.00
10/30/202500005655 RHYTHM TECH PRODUCTIONS LLCW1 AV Srvs for Concert 10/30/202543061011104416 172410302025 3,307.50
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 FY2425 OFF. SUPPLY PURCH.42110002524662 6044632517 171.78
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 HP 67XL Printer Ink42120001104190 6045072291 256.17
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 HP Deskjet Printers for Code44040001104190 6044627998 260.96
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 SUPPLIES - SHARPIES BLK42110001104420 6043007180 26.64
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 INK CARTRIDGE42110001104422 6043709593 39.03
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 SUPPLIES - TSKCHR W HEADRST42110001104470 6043007180 189.60
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 MARKER ORGANIZER42110001104470 6036505125 10.71
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 SUPPLIES - USB42110001104422 6043007180 32.32
10/30/202500005656 STAPLES BUSINESS ADVANTAGEW1 KEY HOLDER42110001104470 6043709593 4.24
10/30/202500005657 SUPERB ENGINEERING INCW1 RELEASE-RET - DW PERIMETER20600004410000 RELRET-CLS00001 52,354.43
10/30/202500005658 TKE ENGINEERING INCW1 CIP GEN ENG SVCS-CST0002343011501104423 2025-1236 615.00
10/30/202500005659 UNITY COURIER SERVICEW1 FY2526 Book Courier Service43090002524662 37410 376.11
10/30/202500005659 UNITY COURIER SERVICEW1 FY2526 Book Courier Service43090002524662 36898 376.11
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 City Council Cells/ IPADS43650001104110 6124259189 115.08
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 City Clerk Cells/IPADS43650001104111 6124259189 76.72
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 City Manager Cells/ IPADS43650001104130 6124259189 115.08
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 CIP Cells/IPADS43650001104134 6124259189 261.82
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Finance Cells/ IPADS43650001104150 6124259189 76.72
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Human Resources Cells/ IPADS43650001104154 6124259189 115.08
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 IT Mifi43650001104190 6124653355 156.04
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 IT Phones43650001104190 6124259189 76.72
10/30/2025Report Date 7Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
77
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 COPS Cells/ IPADS43060011104211 6124259189 270.56
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Traffic Cells/ IPADS43650001104250 6124259189 252.83
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Public Works Cells/ IPADS43650001104300 6124259189 455.84
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 CorpYard Mifi43650001104310 6124653355 38.01
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 CorpYard/Streets Cells/ IPADS43650001104310 6124259189 1,144.62
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Facilities Cells/ IPADS43650001104340 6124259189 115.08
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Building and Safety MifI43650001104420 6124653355 38.36
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Building and Saftey Cells/ IPA43650001104420 6124259189 230.16
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Permit Center Cells/ IPADS43650001104421 6124259189 38.36
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Code Cells/ IPADS43650001104422 6124259189 628.70
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Engineering Cells43650001104423 6124259189 76.72
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Economic Dev Mifi43650001104430 6124653355 38.01
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Special Programs MIFI43650001104430 6124653355 38.01
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Economic Dev Cells/ IPADS43650001104430 6124259189 191.80
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Planning Cells/IPADS43650001104470 6124259189 115.08
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Landscaping services Mifi43650001104614 6124653355 76.02
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Landscaping Services Cells/ IP43650001104614 6124259189 338.54
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Library43650002524662 6124259189 230.16
10/30/202500005660 VERIZON WIRELESS SERVICES LLCW1 Housing Cells43650008704195 6124259189 38.36
10/30/202500005661 VISIT GREATER PALM SPRINGSW1 FY 25/26 Q2 VGPS CONTRIBUTION43220001104800 CI-000659 120,750.00
10/30/202502008000 ACCENTURE LLPW1 MY25 CHARGING STAT CY/SHERIFF44045005304310 32938 280.00
10/30/202502008000 ACCENTURE LLPW1 MR25 CHARGING STATIONS44045005304310 31798 1,070.00
10/30/202502008001 ALEXANDRA OROZCOW1 LIVESCAN REIMB. A.OROZCO8.4.2543056002524662 LIVESCAN 8.4.25 84.00
10/30/202502008002 AMERICAN ASPHALT SOUTH INCW1 RTNT 24251889 / C4926020600002130000 2025-2468-RTNT -7,150.00
10/30/202502008002 AMERICAN ASPHALT SOUTH INCW1 2025 Slurry Seal Project44002002134134 2025-2468 143,000.00
10/30/202502008003 CALIFORNIA BUILDING STANDARDSW1 2026 Q1 GREEN BLDG FEES22810006100000 2026Q1GREEN 4,281.00
10/30/202502008003 CALIFORNIA BUILDING STANDARDSW1 2026 Q1 10% ADMIN FEE22810006100000 2026Q1GREEN -428.10
10/30/2025Report Date 8Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
78
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202502008004 COACHELLA VALLEY MOUNTAINSW1 Prkvw Reimb - CVMC Moving Cost43090001104430 PKVW-REIM-CVMC 1,000.00
10/30/202502008005 COACHELLA VALLEY WATER DIST.W1 75256 TUBMAN ST - UNIV43510001104614 852063445456AG25 391.63
10/30/202502008005 COACHELLA VALLEY WATER DIST.W1 75256 TUBMAN ST - UNIV43510001104614 852063445456SP25 228.41
10/30/202502008005 COACHELLA VALLEY WATER DIST.W1 75256 TUBMAN ST - UNIV43510001104614 852063445456OC25 116.76
10/30/202502008005 COACHELLA VALLEY WATER DIST.W1 75322 RADFORD DR - UNIV43510001104614 852061445448AG25 802.57
10/30/202502008005 COACHELLA VALLEY WATER DIST.W1 75322 RADFORD DR - UNIV43510001104614 852061445448SP25 481.38
10/30/202502008005 COACHELLA VALLEY WATER DIST.W1 75322 RADFORD DR - UNIV43510001104614 852061445448OC25 305.52
10/30/202502008006 DEMCO INCW1 FY2526 Library BK supplies42112002524662 7712288 108.07
10/30/202502008007 DEPARTMENT OF CONSERVATIONW1 2026 Q1 SMIP FEES22840006100000 2026Q1SMIP 8,696.00
10/30/202502008007 DEPARTMENT OF CONSERVATIONW1 2026 Q1 5% EDUCATION FEE22840006100000 2026Q1SMIP -434.80
10/30/202502008008 DESERT ELECTRIC SUPPLYW1 R/M ELECT/LIGHT - CORPYARD43310001104330 S128707602.001 122.07
10/30/202502008009 DISABILITY ACCESS CONSULTANTSW1 AG25 ADA CONSULTANT SERVICES43090001104300 25-269 2,925.00
10/30/202502008010 ENGINEERING RESOURCESW1 Haystack Channel Rehab Sep2550004544204370 61831 405.00
10/30/202502008011 ENGLAND THIMS AND MILLER INCW1 SP25 CARTEGRAPH SUPPORT SRVS43090001104300 222338 4,748.75
10/30/202502008012 GANNETT CALIFORNIA LOCALIQW1 SEP 2025 Legal Advertising43210001104111 0007359804 2,300.40
10/30/202502008013 GLS USW1 Superb Eng - City Clerk43660001104111 5565339 5.35
10/30/202502008013 GLS USW1 Riv Co Anml Srv - City Clerk43660001104111 5568852 5.35
10/30/202502008013 GLS USW1 Granite Const. - City Clerk43660001104111 5568852 5.35
10/30/202502008013 GLS USW1 National CORE - Finance43660001104150 5565339 11.52
10/30/202502008013 GLS USW1 Dist. Attrny - Finance43660001104150 5568852 8.24
10/30/202502008014 GREATER COACHELLA VALLEYW1 Valley Mayors/ Tribal Luncheon43125001104110 29628 300.00
10/30/202502008015 JOHN KALISKI ARCHITECTS INCW1 Downtown & Hillside ODS AU2543005001104470 7116 10,827.50
10/30/202502008016 LOCK SHOP INC.W1 R/M DOOR CLOSER - CORPYARD43310001104330 BB10564037 181.50
10/30/202502008016 LOCK SHOP INC.W1 R/M DOOR LOCKS - CITY HALL43310001104340 K319641-1 270.00
10/30/202502008016 LOCK SHOP INC.W1 R/M DOOR LOCKS - CC PARK43310001104610 BB10564678 428.65
10/30/202502008016 LOCK SHOP INC.W1 R/M PADLOCKS - HOVLEY43310001104611 BB10565074 202.93
10/30/202502008016 LOCK SHOP INC.W1 R/M LOCKS - HOVLEY SNACKBAR43310001104611 K319661 553.87
10/30/2025Report Date 9Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
79
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202502008016 LOCK SHOP INC.W1 R/M PLOT KEYS - COMM GARDENS43910001104611 BB10565315 386.06
10/30/202502008017 LOWE'S HOME CENTERS INC.W1 STORAGE SUPPLIES - CITY HALL42190001104340 970752-092925 89.78
10/30/202502008017 LOWE'S HOME CENTERS INC.W1 STORAGE SUPPLIES - CITY HALL42190001104340 975628-100125 36.38
10/30/202502008017 LOWE'S HOME CENTERS INC.W1 CITY GOLF CART PARADE FLOAT43061011104416 985575-082725 10.40
10/30/202502008017 LOWE'S HOME CENTERS INC.W1 R/M MISC SUPPLIES - TRAFFIC42190001104250 981458-101525 7.21
10/30/202502008017 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - CITY HALL42190001104340 984855-101625 53.15
10/30/202502008018 PAUL DAVIS RESTORATIONW1 Wallaroo Mold Testing 202543090001104430 306202 3,035.00
10/30/202502008019 PROFORMA SOCALW1 Employee Business Cards42190001104154 BH49005451A 290.40
10/30/202502008020 QUADIENT LEASING USA INCW1 8/01/-10/31/25 Quadient Lease43420001104159 Q2037887 468.84
10/30/202502008021 QUALITY OFFICE FURNISHINGS INCW1 OFFICE SPACE IMPROVEMENTS PH 344001004504161 13380_2957-CPD 4,688.98
10/30/202502008021 QUALITY OFFICE FURNISHINGS INCW1 OFFICE SPACE IMPROVEMENTS PH 344002004504161 13381_2973-CPD 12,465.40
10/30/202502008021 QUALITY OFFICE FURNISHINGS INCW1 OFFICE SPACE IMPROVEMENTS PH 344002004504161 13379_2974-CPD 1,954.80
10/30/202502008021 QUALITY OFFICE FURNISHINGS INCW1 OFFICE SPACE IMPROVEMENTS PH 344002004504161 13380_2957-CPD 314.44
10/30/202502008022 QUINN COMPANYW1 EMERGENCY GENERATOR - PDAC44001002424549 E7269902 32,514.36
10/30/202502008022 QUINN COMPANYW1 EMERGENCY GENERATOR - PDAC44001002424549 E7269902 301.77
10/30/202502008022 QUINN COMPANYW1 DELIVERY EMERG GENERATOR -PDAC44001002424549 E72699011 1,274.99
10/30/202502008023 SKYLINE SAFETY AND SUPPLYW1 HYDRATION SAFETY SUPPLIES42190001104300 9458 330.97
10/30/202502008023 SKYLINE SAFETY AND SUPPLYW1 INDUSTRIAL-SIZE PAINT SHAKERS44045005304310 9624 23,969.60
10/30/202502008024 SOUTHWEST BOULDER & STONEW1 R/M MATERIALS - HOMME ADAMS43320011104611 778048 2,488.24
10/30/202502008024 SOUTHWEST BOULDER & STONEW1 R/M MATERIALS - HOMME ADAMS43320011104611 779368 2,313.85
10/30/202502008024 SOUTHWEST BOULDER & STONEW1 R/M STONE MATERIALS -DS MEDIAN43320011104611 785162 172.44
10/30/202502008025 SUNLINE TRANSIT AGENCYW1 25-26 STUDENT ART SPONSORSHIP43223002384515 INV09086 7,500.00
10/30/202502008026 TOPS N BARRICADES INC.W1 SAFETY ATTIRE42140001104310 1115548 177.41
10/30/202502008026 TOPS N BARRICADES INC.W1 SAFETY ATTIRE42140001104310 1115971 493.29
10/30/202502008026 TOPS N BARRICADES INC.W1 TRAFFIC CONTROL SUPPLIES42190001104310 1116314 1,903.13
10/30/202502008027 URBAN WORX CONSTRUCTIONW1 R/M PLUMBING SRV - CC PARK43310001104610 2025004251 851.54
10/30/202502008028 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - CC PARK43320011104610 234733 190.00
10/30/2025Report Date 10Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
80
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
10/30/202502008028 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - TRI-CITIES43371001104610 234733 3,900.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - PARKS43320011104611 234733 9,739.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - EL PASEO43370011104614 234733 5,420.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - PARKS43320011104611 232741 5,005.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - MEDIANS43370011104614 232741 35,606.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - MEDIANS43370011104614 233130 14,465.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - COOK ST43370011104614 234731 948.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - ENTRADA43921011104614 232741 9,035.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - ENTRADA43921011104614 233130 325.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - DESERT MIRAGE43095002734680 232741 1,170.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - PALM GATE43095002804374 232741 910.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - CANYON CREST43095002864374 232741 195.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - SUNDANCE W43095002874681 232741 780.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - SUNDANCE E43095002874683 232741 325.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - COLLEGE VIEW I43095002874684 232741 520.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - DW43320004414195 232741 669.00
10/30/202502008028 WEST COAST ARBORISTS INCW1 PALM PRUNING - DW43320004414195 233130 1,625.00
10/30/202502008029 WHITE CAP LPW1 STREET MAINT SUPPLIES - BROOMS42190001104310 50033766067 374.10
10/30/202502008029 WHITE CAP LPW1 SAFETY SUPPLIES - STREETS42190001104310 50033787487 383.96
10/30/202502008030 XPRESS GRAPHICSW1 2,500 Envelopes42110001104159 25-74514 426.20
10/30/202502008030 XPRESS GRAPHICSW1 FY2526 LIBRARY PROGRAM LABELS43610002524662 25-74182 332.01
10/30/2025Report Date 11Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
81
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/30/2025 - 10/30/2025
City of Palm Desert
Account Number
Examined and Approved Total For Bank ID - W1
1,531,786.63City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
10/30/2025Report Date 12Page
City and Housing
Docusign Envelope ID: 860C3A76-FAA6-43C9-A2DE-142B6D39D75E
82
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
0,&+(//(1$1&(, '(387<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:B_______________
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):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The Real Italian Deli Sogno Fatto at 44795 San Pablo Ave Ste 1 Palm Desert, CA 92260-3578
Monda , October 27, 2025.
October 21, 2025Buildin and Safet
✔
October 20 2025
83
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 fur ther 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):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The Real Italian Deli Sogno Fatto at 44795 San Pablo Ave Ste 1 Palm Desert, CA 92260-3578
Monday, October 27, 2025.
November 4, 2025Development Services: Planning
4
October 20, 2025
84
85
86
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
0,&+(//(1$1&(, '(387<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:B_______________
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):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Red Barn (73290 Red Barn LLC) at 73290 HWY 111 Palm Desert, CA 92260-3903
Monda , October 27, 2025.
October 21, 2025Buildin and Safet
✔
October 20 2025
87
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 fur ther 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):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Red Barn (73290 Red Barn LLC) at 73290 HWY 111 Palm Desert, CA 92260-3903
Monday, October 27, 2025.
November 4, 2025Development Services: Planning
4
October 20, 2025
88
89
90
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Michelle Nance, Acting Assistant City Clerk
SUBJECT: ADOPTION OF ORDINANCE NO. 1436 APPROVING A ZONING
ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE
PALM DESERT MUNICIPAL CODE TO ADD SINGLE FAMILY
RESIDENTIAL AND DAY CARE CENTERS AS AN ALLOWED LAND USE
TYPE AND MAKING A FINDING OF EXEMPTION UNDER C
RECOMMENDATION:
Adoption of Ordinance No. 1436 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESEERT, CALIFORNIA APPROVING A ZONING ORDINANCE
AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE
TO ADD SINGLE FAMILY RESIDENTIAL AND DAY CARE CENTERS AS AN ALLOWED LAND
USE TYPE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. CASE NOS. ZOA25 -
0001”
BACKGROUND/ANALYSIS:
On October 23, 2025, the City Council introduced Ordinance No. 1436 for first reading. This
report is provided for the City Council to waive further reading and adopt the ordinance. The
ordinance shall be effective 30 days from adoption.
FINANCIAL IMPACT:
There is no direct financial impact with this action
ATTACHMENTS:
1. Ordinance No. 1433
91
92
ORDINANCE NO. 1436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESEERT, CALIFORNIA APPROVING A ZONING ORDINANCE
AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT
MUNICIPAL CODE TO ADD SINGLE FAMILY RESIDENTIAL AND DAY
CARE CENTERS AS AN ALLOWED LAND USE TYPE AND MAKING A
FINDING OF EXEMPTION UNDER CEQA.
CASE NOS. ZOA25-0001
WHEREAS, Government Code Section 65800 et seq. provides for the amendment
of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and
regulations;
WHEREAS, the Zoning Ordinance Amendment (“Project”) is initiated by the City
of Palm Desert Development Services Department and modifies Title 25 (Zoning) of the
Palm Desert Municipal Code to add single family residential and day care centers as
allowed land use types; and
WHEREAS, the City has complied with the requirements of the Local Planning and
Zoning Law (Government Code section 65100 et seq.), and the City’s applicable
ordinances and resolutions with respect to approval of amendments to Title 25 of the
Palm Desert Municipal Code (“Zoning Ordinance”); and
WHEREAS, the proposed Project would not create any nonconforming uses or
structures and makes the Municipal Code and General Plan consistent with existing
structures and uses; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367
of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs.,
tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines,
the City is the lead agency for the Project; and
WHEREAS, pursuant to the requirements of the CE QA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA
Implementation Requirements, the City of Palm Desert Development Services
Department has determined that the Project will not have a significant i mpact on the
environment under Section 15061(b)(3) General Rule of the CEQA Guidelines of the
CEQA Guidelines; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 15th day of July 2025, hold a duly noticed public hearing to consider the request
for approval of the above-noted Project request and adopted Planning Commission
Resolution 2895 recommending the City Council approve said Project; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th
of August, 2025, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request and approved Council
93
Ordinance No. 1436 Page 2
Resolution 2025-063. Resolution 2025-063 was approved in error as it should have been
brought forward as an Ordinance, as it is being introduced today; and
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 23rd day of October 2025, hold a duly noticed public hearing to consider the request
by the Applicant for approval of the above-noted Project request; 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:
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. General Plan Consistency. There is a substantial public benefit to be
derived from the Zoning Ordinance Amendment and the proposed amendment furthers the
goals of the General Plan. The Zoning Ordinance Amendment is in line with the General
Plan, as amended via General Plan Amendment 25-0001, approved by the City Council on
August 28th, 2025 as Ordinance 1435.
The approved General Plan Amendment clarified that single family residential units
are allowed within the City Center/Downtown designation, which is consistent with the Palm
Desert Municipal Code and with existing single family residential units constructed and used
within the area. The removal of a minimum density allows additional opportunities for
development of sites within the area to increase the amount of housing units. The General
Plan Amendment clarified original intention and existing uses for the City Center/Downtown.
SECTION 3. CEQA Determination. The City Council finds that the Project is this is
not a “project,” as defined in the California Environmental Quality Act (CEQA) because it
does not have a potential for resulting in either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment and concerns
general policy and procedures.
SECTION 4. Council Resolution 2025-063 Rescinded. The City Council hereby
rescinds Council Resolution 2025-063, which mistakenly approved this Project as a
Resolution instead of as an Ordinance on August 28, 2025.
SECTION 5. Zoning Ordinance Amendment. The City Council approves the
Zoning Ordinance Amendment presented, as depicted in Exhibit “A.”
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of
this ordinance is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this ordinance. The City Council hereby
94
Ordinance No. 1436 Page 3
declares that it would have passed this ordinance, and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
SECTION 7. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a
newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ______.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1436 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on October 23, 2025, and adopted at a
regular meeting of the City Council held on _________, 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 ______________.
ANTHONY J. MEJIA
CITY CLERK
95
Ordinance No. 1436 Page 4
EXHIBIT A
See following pages
96
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: RATIFICATION OF SIGN-ON LETTER SUPPORTING INCLUSION OF
FY26 COMMUNITY PROJECT FUNDING AND CONGRESSIONALLY
DIRECTED SPENDING PROJECTS IN FEDERAL APPROPRIATIONS
RECOMMENDATION:
Ratify the City’s participation in a sign-on letter urging Congressional leadership to include Fiscal
Year 2026 Community Project Funding and Congressionally Directed Spending projects in any
final federal appropriations agreement.
BACKGROUND/ANALYSIS:
Townsend Public Affairs (TPA), the City’s advocacy firm, requested participation in a regional
sign-on letter addressed to Congressional leadership regarding the inclusion of FY26
Community Project Funding (CPF) and Congressionally Directed Spending (CDS) projects in
any federal government funding deal.
The sign-on letter emphasizes the importance of preserving CPF and CDS allocations that
support locally prioritized infrastructure, public safety, housing, and economic development
projects. These federal programs represent transparent, community-driven investments that
undergo rigorous public disclosure, member certification, and cost-sharing evaluation.
Palm Desert’s Community Center Project for Cook Street—submitted as part of the City’s FY26
federal funding requests—is among the local projects potentially affected by the current
appropriations negotiations. Ensuring CPF/CDS inclusion in any final agreement would allow
projects like this to move forward without interruption to planning, contracting, or delivery.
The letter was coordinated by TPA to demonstrate collective support from California jurisdictions
and regional partners. The City’s signature, on behalf of Mayor Harnik, affirms Palm Desert’s
support for advancing federal investment in community projects and sustaining local
infrastructure momentum despite ongoing fiscal uncertainties.
The City Council Subcommittee on Legislative Affairs, composed of Mayor Harnik and Mayor
Pro Tem Trubee, reviewed and approved participation in the sign-on letter in advance of this
ratification.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
97
City of Palm Desert
Letter regarding Community Project Funding and Congressionally Directed Spending Projects
Page 2 of 2
FINANCIAL IMPACT:
There is no financial impact associated with the City’s participation in the sign-on letter.
ATTACHMENTS:
1. FY26 Community Project Funding / Congressionally Directed Spending Sign -On Letter
98
The Honorable Mike Johnson
Speaker of the House
US House of Representatives
H-232, The Capitol
Washington, DC 20515
The Honorable John Thune
Majority Leader
US Senate
511 Dirkson Senate Office Building
Washington, DC 20510
The Honorable Hakeem Jeffries
Minority Leader
US House of Representatives
2267 Rayburn House Office Building
Washington, DC 20515
The Honorable Charles Schumer
Minority Leader
US Senate
322 Hart Senate Office Building
Washington, DC 20510
RE: The Inclusion of FY26 Community Project Funding / Congressionally Directed Spending
Requests in Any Funding Deal
Dear Speaker Johnson, Leader Thune, Leader Jeffries, and Leader Schumer:
On behalf of the undersigned California public agencies, we write to urge that FY26 Community
Project Funding (CPF) and Congressionally Directed Spending (CDS) requests be protected and
included in any funding resolution being considered this Congress.
Local governments, community-based organizations, and regional partners across the nation rely
on these congressionally directed investments to advance critical infrastructure, public safety,
housing, and economic development projects. These locally driven projects represent some of
the most accountable and transparent investments in the federal budget.
CPF and CDS requests undergo public disclosure, member certification, and rigorous vetting to
ensure that taxpayer dollars are directed to projects with broad community support, measurable
outcomes, and strong local cost-sharing. In many cases, these initiatives leverage state, local,
and private funding, stretching each federal dollar further and promoting responsible stewardship
of limited resources.
Without explicit inclusion of CPF and CDS in a long-term funding deal, projects included in current
draft bills will face delays in contracting, permitting, and delivery, undermining years of local
planning and preventing urgently needed investments from reaching the ground. Ensuring the
continuation of CPF and CDS allocations in FY26 would provide stability and predictability at a
time when fiscal uncertainty is already constraining public investment.
Therefore, we respectfully request that any forthcoming agreement on government funding,
including a potential full-year continuing resolution, explicitly authorize and preserve previously
included FY26 Community Project Funding and Congressionally Directed Spending projects for
obligation and expenditure.
99
We thank you for your continued commitment to ensuring that federal appropriations directly
support communities both in California and across the Country.
Sincerely,
[SIGNATURES]
100
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: RATIFICATION OF LETTER SUPPORTING THE LIVING DESERT ZOO
AND GARDENS’ GECKO GULCH PLAYGROUND OF DISCOVERY &
INCLUSION
RECOMMENDATION:
Ratify the issuance of the letter supporting The Living Desert Zoo and Gardens’ Gecko Gulch
Playground of Discovery & Inclusion and its grant application to the Honda Mobility Grant
Program.
BACKGROUND/ANALYSIS:
The Living Desert Zoo and Gardens has applied for a Honda Mobility Grant to support the Gecko
Gulch Playground of Discovery & Inclusion, a fully accessible, sensory-friendly play space
designed for children and families of all abilities. The project features adaptive play equipment,
wheelchair-accessible pathways, and inclusive design elements that promote exploration and
social connection. The City Council Subcommittee on Governmental Affairs reviewed and
approved the issuance in advance of formal ratification by the City Council.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Letter of Support - Gecko Gulch Playground of Discovery & Inclusion
101
102
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
October 24, 2025
Honda Community Relations
American Honda Motor Co., Inc.
1919 Torrance Boulevard
Torrance, CA 90501
RE: Letter of Support – The Living Desert Zoo and Gardens’ “Gecko Gulch
Playground of Discovery & Inclusion”
Dear Honda Community Relations Team:
On behalf of the City of Palm Desert, I am pleased to express strong support for The
Living Desert Zoo and Gardens’ Gecko Gulch Playground of Discovery & Inclusion and
its application to the Honda Mobility Grant program.
The proposed playground represents an important step forward in expanding access to
inclusive, outdoor recreation for children and families of all abilities. Designed with
adaptive play features, sensory-friendly environments, and wheelchair-accessible
pathways, Gecko Gulch will provide an engaging and welcoming space where all visitors
can explore, learn, and connect.
This project aligns with The Living Desert’s longstanding commitment to accessibility and
community inclusion, demonstrated through initiatives such as Museums for All
(SNAP/EBT admission), STEM in the Wild for Title 1 schools, and outreach programs that
serve underserved communities across the Coachella Valley. These efforts reflect shared
regional values of access, inclusion, and well-being that are central to Palm Desert’s
vision for a connected and compassionate community.
The City of Palm Desert values The Living Desert’s leadership in conservation, education,
and inclusive recreation and is proud to support the Gecko Gulch Playground of Discovery
& Inclusion. We respectfully encourage Honda’s favorable consideration of this proposal
to help make this important community resource a reality.
Sincerely,
Jan C. Harnik
Mayor, City of Palm Desert
103
104
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: RATIFICATION OF LETTER SUPPPORTING THE LIVING DESERT ZOO
AND GARDENS’ CENTRAL VALLEY POLLINATOR PATHW AY PROJECT
RECOMMENDATION:
Ratify the issuance of the letter supporting The Living Desert Zoo and Gardens’ Central Valley
Pollinator Pathway Project and its grant application to the Coachella Valley Mountains
Conservancy.
BACKGROUND/ANALYSIS:
The Living Desert Zoo and Gardens submitted a grant request to the Coachella Valley Mountains
Conservancy for the Central Valley Pollinator Pathway Project, a four-year, two-phase effort to
restore native habitat and enhance pollinator corridors across the Central Coachella Valley. The
project includes propagation and outplanting of native species to replace invasive vegetation,
improve drought resilience, and support at-risk pollinator species. The total estimated project
cost is $908,290, with $568,893 requested in grant funding and $339,397 provided as matching
support.
The City of Palm Desert’s letter expresses support for the project’s ecological and educa tional
benefits and acknowledges The Living Desert’s leadership in regional habitat restoration. The
letter was addressed to Ms. Elizabeth King, Executive Director of the Coachella Valley
Mountains Conservancy, and issued on October 17, 2025. The City Coun cil Subcommittee on
Governmental Affairs reviewed and approved the issuance in advance of formal ratification by
the City Council.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Letter of Support – Central Valley Pollinator Pathway Project
105
106
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
October 17, 2025
Ms. Elizabeth King, Executive Director
Coachella Valley Mountains Conservancy
73-710 Fred Waring Drive, Suite 112
Palm Desert, CA 92260
RE: Letter of Support – The Living Desert Zoo and Gardens’ Central Valley
Pollinator Pathway Project
Dear Ms. King:
On behalf of the City of Palm Desert, I am pleased to express our strong support for The
Living Desert Zoo and Gardens’ Central Valley Pollinator Pathway Project and its grant
application to the Coachella Valley Mountains Conservancy.
The project will restore approximately 37.5 acres of native habitat during its first two years
and expand to 23 sites throughout the Central Coachella Valley over two subsequent
years. Through propagation and outplanting of native pollinator species, the i nitiative will
enhance ecological linkages between conservation lands managed by The Living Desert
and the Coachella Valley Conservation Commission, as well as gardens at up to 20 public
spaces, including Desert Recreation District facilities and local schools.
These native plantings will replace invasive species with drought -tolerant, climate-
resilient vegetation that supports at-risk pollinators such as monarch butterflies and other
vital insect species. The project advances regional conservation goals under th e Outdoor
Access for All Act of 2018 and the State’s 30x30 initiative by improving public access,
promoting habitat connectivity, and demonstrating water-wise restoration techniques.
The City of Palm Desert is proud to support this “shovel-ready” project, which will make
a measurable contribution to biodiversity, water conservation, and community education.
We commend The Living Desert Zoo and Gardens for its leadership in ecological
restoration and stewardship within our region and respectfully urge your favorable
consideration of this proposal.
Sincerely,
Jan C. Harnik
Mayor, City of Palm Desert
107
108
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: RATIFICATION OF LETTER SUPPORTING THE COLLEGE OF THE
DESERT’S PROPOSED BACHELOR OF ARTS DEGREE IN CASINO
AND INTEGRATED RESORT MANAGEMENT
RECOMMENDATION:
Ratify the issuance of the letter supporting College of the Desert’s proposed Bachelor of Arts in
Casino and Integrated Resort Management degree program and its submission to the California
Community Colleges Chancellor’s Office.
BACKGROUND/ANALYSIS:
College of the Desert has proposed a new Bachelor of Arts degree in Casino and Integrated
Resort Management to address workforce shortages in the Coachella Valley’s hospitality and
resort sectors. The program is designed to provide locally accessible, four-year degree
opportunities that prepare students for leadership and management roles in casino and resort
operations.
The letter was addressed to Chancellor Sonya Christian and the California Community Colleges
Chancellor’s Office and issued on October 24, 2025. The City Council Subcommittee on
Governmental Affairs reviewed and approved the issuance of the letter in advance of formal
ratification by the City Council.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Letter of Support – College of the Desert
109
110
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
October 24, 2025
California Community Colleges Chancellor’s Office
1102 Q Street, 6th Floor
Sacramento, CA 95811
RE: Letter of Support – Proposed Bachelor of Arts Degree in Casino and
Integrated Resort Management
Dear Chancellor Sonya Christian and Members of the Review Committee:
On behalf of the City of Palm Desert, I am pleased to express our strong support for
College of the Desert’s proposal to establish a Bachelor of Arts degree in Casino and
Integrated Resort Management.
This innovative baccalaureate program directly addresses one of the Coachella Valley’s
most significant workforce needs. As the region’s hospitality and resort industries
continue to grow, there remains a critical shortage of qualified professionals prepar ed to
assume leadership and management roles within the casino and integrated resort
sectors. By offering a locally accessible four-year degree, College of the Desert will
provide residents with new opportunities for career advancement and upward mobility in
a field that anchors our regional economy.
The City recognizes that this program will:
• Strengthen workforce development pipelines for tourism, hospitality, and gaming
enterprises across the Coachella Valley.
• Support employers’ needs for skilled, customer-oriented managers with relevant
regional expertise.
• Advance local and regional economic resilience through education that aligns with
high-growth, high-wage industries.
We commend College of the Desert for developing a program that reflects the unique
character and needs of our community. The City of Palm Desert proudly supports this
initiative and respectfully urges the California Community Colleges Chancellor’s Office t o
approve this important degree proposal.
Sincerely,
Jan C. Harnik
Mayor, City of Palm Desert
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Erica Powell, Management Analyst
SUBJECT: DEACCESSION OF SWIM DIVE PLAY BY ARTIST PAUL HOBSON
RECOMMENDATION:
Approve the deaccession of SWIM DIVE PLAY by artist Paul Hobson located at the Palm Desert
Aquatic Center.
BACKGROUND/ANALYSIS:
SWIM DIVE PLAY, commissioned in 2011 for installation at the Palm Desert Aquatic Center,
consists of 45 etched shapes of swimmers and divers integrated into the pool deck. Originally
sandblasted and stained into concrete, the designs were later converted to a painted epoxy
coating due to premature wear from heavy foot traffic and pool maintenance.
Maintenance History:
Since installation, SWIM DIVE PLAY has required ongoing maintenance far exceeding that of
any other piece in the City’s public art collection.
Annual repainting (2011–2017): Average of $1,270 per year
Repainting and monthly cleaning (2018 – Present): $80/hour, included in routine billing
2023 renovation impact: $4,627 to remove and repaint four diver shapes during locker
room upgrades
Despite consistent upkeep, the artwork continues to deteriorate due to chemical exposure and
high-traffic conditions, requiring continual repainting to maintain visibility and form.
Restoration Assessment:
In 2025, staff explored a full restoration using on-site stenciling. This option was deemed
impractical due to:
Inability to recreate the original imagery without visible shadowing
Labor-intensive, hand-cut stencil requirements
Anticipated repainting needed every one to two years
Estimated total cost exceeding $50,000, including:
o $20,000 for artist design recreation
o $20,000 – $30,000 for stencil fabrication and site work
o $10,000 for surface preparation
These costs exclude materials and offer no assurance of improved durability.
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City of Palm Desert
Deaccession of SWIM DIVE PLAY by artist Paul Hobson
Page 2 of 2
Deaccession Justification:
The proposed removal meets multiple criteria of the City’s Public Art Deaccessioning Policy:
Excessive Maintenance: Annual maintenance exceeds $2,200 (repainting $1,270 +
cleaning $80/hour x 12 months = $2,230)
Deterioration Beyond Original Design: Repeated repainting has altered the original
appearance.
Restoration Impracticality: Cost and available methods cannot preserve artistic intent or
ensure durability.
Artist Consultation:
Artist Paul Hobson was contacted by phone on September 16–17, 2025, and provided feedback
on the proposal. Mr. Hobson expressed openness to potential restoration approaches that may
deviate from his original design; however, he noted that the swimmer and diver figures would
need to be recreated, as the original digital design files are no longer available. Staff followed
up by email on October 16, 2025, to inform Mr. Hobson that the staff report recommendation
was to deaccession the artwork. On October 17, 2025, Mr. Hobson responded that he was “sad
to see it go.”
Removal Coordination:
The Palm Desert Aquatic Center will temporarily close from November 17, 2025, through early
January 2026 for major facility upgrades. Coordinating removal during this period will minimize
disruption and avoid future maintenance costs.
Committee Recommendation:
At its October 8, 2025, meeting, the Cultural Arts Committee reviewed the request to
deaccession SWIM DIVE PLAY and unanimously recommended approval of the permanent
removal.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The removal of Swim Dive Play will be incorporated into the Palm Desert Aquatic Center
renovation project managed by the Public Works Department. The associated 1,027 square feet
of concrete replacement was included in the original bid and will be completed under the
approved Public Works contract awarded by the City Council on October 23, 2025, to the most
responsible bidder for an amount not to exceed $500,000, including contingency (Project No.
CFA00009). Coordinating the artwork removal within the ongoing renovation w ill minimize
disruption to public operations and eliminate future maintenance costs.
ATTACHMENTS:
1. Photographs of SWIM DIVE PLAY
2. Cultural Arts Committee Staff Report dated October 8, 2025
3. Deaccession Worksheet for SWIM DIVE PLAY
4. City’s Public Art Deaccessioning Policy
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Images of SWIM DIVE PLAY by Paul Hobson
Location: Palm Desert Aquatic Center, 73751 Magnesia Falls Dr
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Current Images of SWIM DIVE PLAY by Paul Hobson on 9/25/25
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CULTURAL ARTS COMMITTEE
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 8, 2025
PREPARED BY: Erica Powell, Management Analyst
SUBJECT: DEACCESSIONING OF SWIM DIVE PLAY BY PAUL HOBSON
RECOMMENDATION:
Recommend the City Council approve the permanent removal of SWIM DIVE PLAY by Paul
Hobson at the Palm Desert Aquatic Center.
BACKGROUND/ANALYSIS:
Installed in June 2011 at the Palm Desert Aquatic Center, SWIM DIVE PLAY by Paul Hobson
features images of swimmers and divers integrated into the pool deck. Originally sandblasted
into concrete, the design was later altered to a painted epoxy finish due to early failure of the
stain under routine cleaning and foot traffic.
Ongoing Maintenance Requirements:
Repainting annually at an average cost of $1,270 (2011 –2017)
Monthly cleaning at $80 per hour
In 2023, locker room renovations required removal and repainting of four figures at a cost
of $4,627
All maintenance is subject to prevailing wage requirements
The artwork’s location in high-traffic areas has led to continual deterioration. It remains the only
piece in the City’s permanent collection requiring this level of ongoing care.
The Palm Desert Aquatic Center is scheduled for temporary closure from November 17, 2025,
through early January 2026 for major facility improvements, including pool filter replacements
and locker room renovations. The closure presents a cost -effective opportunity to remove the
mural without additional impact.
In consultation with vendors, staff explored a restoration effort that would involve recreating the
original design using stencils. However, the restoration approach has proven intensive:
Inability to replicate imagery precisely without “shadowing” effects
Labor-intensive hand-cutting of stencils on-site
Continued need for repainting every one to two years
Estimated restoration cost exceeds $50,000
15121
Cultural Arts Committee
City of Palm Desert
(Deaccessioning of SWIM DIVE PLAY by Paul Hobson)
Page 2 of 2
Public Art Deaccession Policy Criteria Met:
Excessive Maintenance: Maintenance exceeds $2,200 annually ($1,200/average painting
+ $90/hr monthly cleaning)
Deterioration Beyond Original Design: Repeated repainting has altered the appearance
of the work.
Restoration Impracticality: A full restoration would exceed the original $45,800 value and
will not achieve long-term preservation.
Removal can occur in coordination with the scheduled pool deck replacement by Public Works,
avoiding additional project costs or disruptions.
FINANCIAL IMPACT:
There is no cost to the Public Art Fund or General Fund. Removal will occur as part of an already
funded Public Works project. Restoration would require a new investment estimated at $50,000,
exceeding the original artwork value.
ATTACHMENTS:
1. Public Art Deaccession Policy
2. Deaccession Worksheet
3. Images of SWIM DIVE PLAY
16122
City of Palm Desert Public Art Deaccessioning/Relocating Worksheet
Artist: Paul Hobson
Title: SWIM DIVE PLAY
Location of work: Concrete floor entry way, locker room entry, concessions, and
various concrete areas within the Palm Desert Aquatic Center
Name of property: Palm Desert Aquatic Center, 73751 Magnesia Falls Drive
Contact name: Erica Powell, City of Palm Desert or David Keyes, PDAC (760)565-7467
Phone: 760-776-6346 or epowell@palmdesert.gov
Property owner at the time of commission: City of Palm Desert
Year commissioned/purchased: 2011
Purchase Price / Art in Public Places fee / Value at time of install: $45,800
Dimensions: various shapes and sizes, 6 sets of swimmers and divers (45 shapes
total)
Estimated current fair market value: not available
Source of estimation: dna
Proposed deaccession reviewed by City Attorney: Yes: No:
Detailed reason for deaccessioning artwork: Staff consulted with local vendors to
evaluate restoration options for the existing artwork. Vendors advised against re-
installing floor signage or artwork due to poor durability under long-term wear. Concerns
were also raised about the highly detailed, labor-intensive process required to replicate
the shapes, which may not yield an acceptable result. While a higher-grade paint is
available, it would still require repainting approximately every two years.
Proposed deaccessioning method: Test the existing purple concrete shapes by
removing the paint to evaluate whether the bare concrete is acceptable. If not, consider
complete removal and replacement with new concrete pads.
New location for work (if it is being moved): DNA
Condition: Excellent Good Fair X_Poor
Maintenance evaluation and instructions: Weekly cleanings and annual paintings
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City of Palm Desert’s Public Art Deaccessioning Policy
DEFINITION
Deaccession means the formal process to permanently remove a City-owned public
artwork by selling, donating, or destroying it.
POLICY
A.The purpose of the Public Art Deaccessioning Policy (“Policy”) is to maintain a
deaccession program that results in high-quality, City-owned public artwork;
eliminate artworks that are unsafe, not repairable, or no longer meet the needs of
the City, and respect the creative rights of artists.
B.Although the City of Palm Desert would like each public artwork to remain in situ
for a minimum of 15 years (although 15 years is not a limit on the life of an
artwork), it recognizes that public artwork is not necessarily going to remain in
place in perpetuity.
C.Any proposal for removal, destruction, or relocation of an artwork shall be
submitted to the Cultural Arts Committee by City staff and reviewed according to
the policies and procedures contained herein and shall be deliberate and
independent of political pressures, fluctuations in artistic taste, popularity, and
public opinion.
D.At regular intervals, the City’s public artwork collection shall be evaluated by the
Cultural Arts Committee to determine the condition of each artwork and
determine whether any artwork should be deaccessioned.
APPLICABLE ARTWORK
This Policy applies to all City-owned artwork acquired through the Public Art program or
through donation. In the case of donated artwork, all legal documents surrounding the
donation must be reviewed and a legal opinion rendered by the City Attorney before
proceeding with the deaccessioning process.
CRITERIA FOR DEACCESSIONING
One or more of the following criteria must apply prior to an artwork being deaccessed:
1.Damage Beyond Repair - The artwork has been damaged and repair is
unfeasible or repair costs would exceed the value of the artwork.
2.Safety - The artwork is deemed hazardous and a threat to public safety.
3. Deterioration - The artwork has deteriorated to the point that the restoration cost
is greater than its monetary value or the artwork has deteriorated beyond the
original design and restoration would prove impractical or would render the work
essentially false.
4.Security - The condition or security of the artwork cannot be reasonably
guaranteed or the City of Palm Desert cannot properly care for or store the
artwork.
5.Site Alteration - In the case of site-specific artwork, the artwork has become
inappropriate, is no longer accessible to the public, it is unsafe, or it is due to be
destroyed and would severely alter its relationship to the site.
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[Type here]
6.Excessive Maintenance - The artwork requires excessive or unreasonable
maintenance.
7.Loss of Site – The current site is no longer available and no suitable alternate
site for the artwork is available.
8.Aesthetic Value - The artwork is of poor quality or is judged to have little
aesthetic and/or historical or cultural value.
9.Failure to Comply - If the approved terms of the contract pursuant to which the
artwork was installed have not been fulfilled.
10. Inauthentic - The artwork is a forgery or in violation of existing copyright laws.
11.Theft – The artwork has been stolen. Any stolen artwork will be documented
through an official police report and a report prepared by the entity that owns or
is responsible for the site of loss.
SEQUENCE OF ACTION / PROCEDURES
1.Deaccession requests may be submitted by a neighborhood organization, City
department, independent City board or commission, or a City Council member.
The Cultural Arts Committee will review each preliminary request. City staff will
work with the applicant to bring a full proposal to the Cultural Arts Committee.
2.Staff will provide the applicant with a Deaccessioning Form that will serve as the
applicant’s formal request for consideration by the Cultural Arts Committee.
3.Staff (with assistance from the property owner, if applicable) will make
reasonable effort to notify and consult with any living artist(s) whose work is
being considered for deaccession as to the best procedure for artwork removal.
The City will allow the artist(s) 30 days to respond.
4.If the artist(s) is/are deceased, the City will make reasonable efforts to contact
artist(s) estate.
5.After an attempt to contact the artist(s) is made, staff will consult with the City
Attorney on how to proceed with the deaccessioning.
6.Once the request is reviewed by the City Attorney, the applicant will complete
and return the Deaccessioning Form.
7.City staff will use the information from the Deaccessioning Form to complete a
staff report addressing the proposed removal of the artwork. The staff report will
provide all available relevant information and materials to the Cultural Arts
Committee, including, but not limited to:
a.Artist, Title, and Location of artwork.
b.Name of property owner and contact information.
c.Property owner at the time of commission or installation.
d.Year commissioned/purchased, original cost of artwork, and applicable Art
in Public Places (AIPP) fee.
e.Dimensions and removal/re-installation instructions.
f.Appraisal of the artwork provided by a qualified art appraiser and current
condition of artwork. If appropriate, current fair market value of the
artwork.
g.Detailed reason for deaccessioning/relocating artwork.
h.Proposed deaccession method or new location for artwork (relocation,
sale, donation, demolition, etc.).
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[Type here]
i.Maintenance evaluation.
j.Any relevant images.
8.The staff report will then be placed on the Cultural Arts Committee agenda at a
regularly scheduled public meeting, where it will be reviewed and voted on.
9.If the Cultural Arts Committee approves the deaccession, City staff will bring the
staff report before the City Council for review and final action.
10.If deaccession is approved by the City Council, all documents will be updated to
reflect the deaccessioning of the artwork. Staff will review property records from
the County Recorder’s Office and if an artwork covenant is recorded against the
property, the City will cause a release covenant to be filed.
11.The deaccessioning process should be documented in both written and visual
form.
12.If an artwork is sold, proceeds should be deposited into the Art in Public Places
fund.
13.The City’s Risk Manager must be notified so that the work can be removed from
the City’s insurance policy.
DEACCESSIONING METHOD OPTIONS
1.If appropriate, reasonable efforts will be made to move the work to a new location
within the City. If the artwork was designed for a specific site, City will consider
the artist’s intent when deciding where to relocate the artwork.
2.The artist(s) will be given the first option to purchase or exchange the artwork. If
the artist(s) decides to purchase the work, they will be responsible for the cost of
the removal of the artwork from the current site. If the artist(s) is/are deceased,
the legal heir(s) will have first rights of purchase. The artist(s) can purchase the
artwork at fair market value according to the appraisals obtained by a qualified
appraiser.
3.Put the work in storage until a new, appropriate location can be found.
4.Donate work to a school, an educational or non-profit organization.
5.Dispose of work in an appropriate manner.
PROVISIONS FOR EMERGENCY REMOVAL
In the event that the structural integrity or condition of an artwork is such that, in the
opinion of the Public Art staff, the artwork presents an imminent threat to public safety,
the City Manager may authorize its immediate removal without Cultural Arts Committee
action or the artist’s consent and have the work placed in temporary storage. The artist
and the Cultural Arts Committee will be notified of this action within 30 days. The
Committee will then consider options for disposition: repair, reinstallation, maintenance
or deaccessioning. If the artwork cannot be removed without being altered, modified, or
destroyed, and if the Artist’s Agreement with the City and County has not waived his/her
rights under the California Art Preservation Act and the Visual Artists Rights Act, City
staff will attempt to gain such written permission before proceeding. In the event that
this cannot be accomplished before action is required in order to protect the public
health and safety, the City Manager shall proceed with the advice of the City Attorney.
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City of Palm Desert’s Public Art Deaccessioning Policy
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[Type here]
COMPLIANCE WITH APPLICABLE POLICIES AND REGULATIONS
Deaccession and removal of artwork will be done in a manner that complies with all
other applicable city, state, and federal procedures, policies and regulations. For
example, deaccession and removal actions must comply with applicable procedures
and laws relating to the disposition of city property and with laws protecting artists’
rights.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Thomas Soule, Public Affairs Manager
Shawn Muir, Community Services Manager
SUBJECT: REJECT ALL PROPOSALS SUBMITTED UNDER REQUEST FOR
PROPOSAL 2024-RFP-149, PALM DESERT AQUATIC CENTER
MARKETING SERVICES.
RECOMMENDATION:
Reject all proposals submitted under Request for Proposal 2024 -RFP-149 for Palm Desert
Aquatic Center Marketing Services.
BACKGROUND/ANALYSIS:
The Palm Desert Aquatic Center (PDAC), owned by the City and operated in partnership with
The Family YMCA of the Desert (YMCA), serves residents and visitors year-round as a regional
hub for aquatic programming and recreation. Effective marketing is essential to maintain and
grow engagement at the facility, promote programs, communicate seasonal changes, and
support revenue-generating services.
The City of Palm Desert has traditionally relied on professional marketing firms to manage
marketing functions rather than expanding City staff. With the current marketing contract set to
expire on June 30, 2025, the City, in partnership with the YMCA issued Request for Proposal
(RFP) No. 2024-RFP-149 on May 7, 2025, seeking a qualified firm to provide comprehensive
marketing services for PDAC. The RFP outlined a broad scope of work, including branding,
advertising, content creation, and digital strategy.
By the June 11, 2025, submission deadline, the City received 27 proposals. Due to the high
volume of responses, the evaluation process extended beyond the original schedule. To ensure
continuity of service during peak season, the City Council previously authorized a temporary
three-month contract extension with the incumbent firm, FG Creative, in the amount of $36,600.
A selection committee comprised of staff from the YMCA, Public Works, and Public Affairs
evaluated the proposals based on standard criteria including clarity and completeness,
qualifications and experience, references, cost, and staffing plans. Following interviews with four
finalist firms, staff identified an opportunity to realign marketing responsibilities in a manner that
better integrates with the facility's daily operations. Based on this evaluation, staff determined
that a modified approach, assigning primary marketing responsibility to the YMCA as facility
operator, would better support coordination, responsiveness, and long-term program success.
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City of Palm Desert
Reject all bids for PDAC Marketing RFP
Page 2 of 2
As PDAC’s operator, the YMCA is deeply familiar with the facility’s programming, customer base,
and role in the community. Shifting marketing responsibilities to the YMCA is expected to yield
the following benefits:
Greater operational efficiency
Elimination of duplicative agency and production costs
Alignment with the YMCA’s in-house marketing capabilities and community
relationships
Shared strategic goals and local market expertise
A streamlined, cost-effective approach that upholds the City’s commitment to fiscal
responsibility
The City will continue to support and monitor the YMCA ’s marketing efforts to ensure consistent
quality, messaging, and performance.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
Funding for marketing services at the Palm Desert Aquatic Center is included in the Fiscal Year
2025/2026 operating budget. Of the $100,000 originally budgeted for PDAC marketing in FY
2025/2026, $63,400 remains unencumbered. Of that amount, the City would allocate $40,000
to support media buys coordinated by The Family YMCA of the De sert as part of their marketing
efforts on behalf of the facility. This approach preserves public investment in outreach while
leveraging the YMCA’s in-house capabilities to reduce production and agency costs. No
additional appropriation is required.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Lucero Leyva, Senior Project Manager
SUBJECT: AWARD A CONTRACT TO AMERICAN ASPHALT SOUTH, INC., FOR
THE WALK AND ROLL PD PHASE 2 PROJECT (PROJECT NO.
CST00002)
RECOMMENDATION:
1. Make a finding that the project is categorically exempt from further review under the California
Environmental Quality Act guidelines, Class 1 of Section 15301, and authorize the City
Engineer to submit a Notice of Exemption.
2. Award a contract to American Asphalt South, Inc., of Riverside, CA, for the Walk and Roll PD
Phase 2 Project in the amount of $2,259,091.50, plus a $225,000 contingency.
3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement and any written requests for change
orders up to the contingency amount, amendments, and any other documents necessary to
effectuate this action, in accordance with Section 3.30.170B of the Palm Desert Municipal
Code.
5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to
file the NOC upon satisfactory completion of the Project.
BACKGROUND/ANALYSIS:
On April 8, 2021, the City Council awarded the Citywide Bikeway and Pedestrian Improvements
Study to Michael Baker International, Inc. As part of this study, the consultant evaluated existing
pedestrian and bicycle infrastructure and identified gaps within the current network through
research, data analysis, and community outreach. The goal was to prioritize improvements that
enhance safety, connectivity, and accessibility for all users.
On March 23, 2023, City staff presented the study’s findings to City Council and received
approval to proceed with the Walk and Roll PD Implementation Plan. This plan organizes the
project deliverables into three distinct phases, summarized below:
Phase Description Status
Phase 1 Shared Lane Markings “Sharrows” Completed FY 23/24
Phase 2 Bike Lane Improvements -
Additional Buffered Class 2 Bike lanes
Design and Bidding Complete;
Construction Award Pending
Phase 3 Pedestrian Improvements -
Additional Sidewalks and Crosswalks
Design Ongoing, Est. Completion Spring 2026;
Est. Construction Start FY 26/27
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City of Palm Desert
Award a Contract to American Asphalt South for Walk and Roll PD Ph. 2 - Project CST00002
Page 2 of 3
The design and construction of Phase 2 primarily involve restriping several city roadways to
accommodate the addition of new buffered bike lanes. The following streets are included in this
phase:
Portola Avenue
Country Club Drive
Cook Street
Oasis Club Drive
Tamarisk Row Drive
Frank Sinatra Drive
Eldorado Drive was originally part of the Walk and Roll Phase 2 Project but was later
incorporated into the Eldorado Drive Street Rehabilitation project and has since been completed.
Residents can expect the bike lane enhancements on Eldorado Drive to be consistent with the
improvements being implemented in this project.
Stakeholder and Public Outreach:
City staff sought stakeholder and public input at multiple stages of the Walk and Roll PD project,
including community meetings, City Council ATP Subcommittee discussions, and study sessions
with the City Council. Staff also maintains an active “Engage PD” project page, where residents
can continue to provide feedback and comments.
As part of the Eldorado Drive project, staff sent letters to residents and met with various
homeowners’ associations to discuss the upcoming improvements.
Based on the input received and an in-depth internal review, staff revised the project scope to
only implement Class II buffered bike lanes, without a curb or other physical separator between
the bike lane and the vehicular travel lane.
Requests for Bids:
The project was advertised for proposals through the City’s bid management portal, OpenGov
(Project ID# 2025-IFB-216), and on October 30th, two bids were submitted electronically.
Contractor Location Base Bid Amount
American Asphalt South, Inc. Riverside, CA $2,259,091.50
Pave-Tech, Inc. Carlsbad, CA $3,296,072.00
The engineer’s estimate for construction is $4,897,560. Staff has reviewed the bid documents
and determined that the bid submitted by American Asphalt South, Inc., is responsive,
responsible, and in compliance with all plans, specifications, and required forms. They have
successfully completed projects for the City of Palm Desert previously and staff is confident in
their ability to complete this project as designed. Therefore, staff recommends awarding this
construction contract to American Asphalt South, Inc.
General Plan:
This project aligns with the Circulation Element of the General Plan Update, which was
presented to the City Council at the Study Session held on September 25, 2025.
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City of Palm Desert
Award a Contract to American Asphalt South for Walk and Roll PD Ph. 2 - Project CST00002
Page 3 of 3
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
Funding for this project is included in the appro ved FY 2025/26 Financial Plan and Five-Year
Capital Improvement Project (CIP) list, utilizing Measure A Funds (2134633-5000103). This
action will have no fiscal impact on the General Fund.
The table below outlines project budget and expenses :
Authorized Budgets
Date
Authorized
Measure A
Fund 213
Total Authorized Budget to Date 7,384,579
Authorized Expenditures
Date
Authorized
Measure A
Fund 213
Total Authorized Expenditures to Date 1,078,192
Construction: American Asphalt South, Inc.* 11/13/2025 2,259,091.50
Contingency 10%* 225,000
Remaining Project Budget Available 3,822,295.50
*This request
Note: Remaining balance will be reallocated to Phase III of this project.
ATTACHMENTS:
1. American Asphalt, Inc., Bid
2. Construction Contract
3. Payment and Performance Bonds
4. CEQA Notice of Exemption
5. Vicinity Map
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City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[AMERICAN ASPHALT SOUTH, INC.] RESPONSE DOCUMENT REPORT
IFB No. 2025-IFB-216
Walk and Roll Phase 2
RESPONSE DEADLINE: October 30, 2025 at 3:30 pm
Report Generated: Thursday, October 30, 2025
American Asphalt South, Inc. Response
CONTACT INFORMATION
Company:
American Asphalt South, Inc.
Email:
lyles@americanasphaltsouth.com
Contact:
Lyle Stone
Address:
2990 Myers St
Riverside, CA 92503
Phone:
N/A
Website:
N/A
Submission Date:
Oct 30, 2025 3:07 PM (Pacific Time)
135
[AMERICAN ASPHALT SOUTH, INC.] RESPONSE DOCUMENT REPORT
IFB No. 2025-IFB-216
Walk and Roll Phase 2
[AMERICAN ASPHALT SOUTH, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Walk and Roll Phase 2
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Oct 23, 2025 7:00 AM by Lyle Stone
Addendum #2
Confirmed Oct 23, 2025 7:00 AM by Lyle Stone
Addendum #3
Confirmed Oct 23, 2025 7:00 AM by Lyle Stone
Addendum #4
Confirmed Oct 27, 2025 3:56 PM by Lyle Stone
QUESTIONNAIRE
1. BID ACKNOWLEDGMENT*
To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its princ ipal place of
business at 73-510 Fred Waring Drive, Palm Desert, California 92260.
1. In response to the Contract Documents for project number CST00002and in accordance with the accompanying Instructions to
Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision,
materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations
necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any
addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.
2. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of
Bids, or until a Contract is executed by the City and a third party, whichever is earlier.
3. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any
addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully
136
[AMERICAN ASPHALT SOUTH, INC.] RESPONSE DOCUMENT REPORT
IFB No. 2025-IFB-216
Walk and Roll Phase 2
[AMERICAN ASPHALT SOUTH, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Walk and Roll Phase 2
Page 3
reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City
will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.
4. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt o f
Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and
Endorsements.
5. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made
a part of this Bid.
6. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as
at the time the Contract is awarded, if the Contract is awarded to the undersigned.
A. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's
License Law of the State of California; or
B. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance
with the provisions of the Contractor's License Law of the State of California.
I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection
with this Bid and all of the representations made herein are true and correct.
Confirmed
2. BID SCHEDULE*
IMPORTANT:
THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OP ENGOV PROCUREMENT.
FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID.
THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.
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The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in
the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank s paces
appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation th at the
actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured
quantities of work performed based upon the Unit Price.
If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the
Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base
Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).
I certify that I have read, understood the above statement.
Confirmed
3. BID GUARANTEE*
IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a
sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to
the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.
IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project
Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73 -510 Fred Waring Drive, Palm
Desert, CA 92260 before the bid submittal deadline.
IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.
Hard Copy Original Bid Bond (delivered before bid submittal deadline)
4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR
CASHIER'S CHECK.
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Bond ID: No response submitted
Vendor ID: No response submitted
5. Enter Surety Company "Name" who Issued Bid Guarantee *
This information will be verified against the California Department of Insurance Website.
Everest National Insurance Company
Click to Verify Value will be copied to clipboard
6. Changes to Agreement
The City's standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may affect
the City's decision to enter into an Agreement.
N/A
7. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload.
• DESIGNATION_OF_SUBCONTRACTO...
Palm_Desert-Designation_of_Subcontractors.pdf
8. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload.
• BIDDER_INFORMATION_AND_EXPE...
Palm_Desert-Bidder_Information_And_Experience_Form.pdf
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9. NON-COLLUSION DECLARATION*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, org anization, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby repres ents that he or she has full power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
10. IRAN CONTRACTING ACT CERTIFICATION*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option
selected below relating to the Contractor’s status in regard to t he Iran Contracting Act of 2010 (Public Contract Code Section 2200 et
seq.) is true and correct:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the Califor nia Attorney
General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract
and/or ineligibility to bid on contracts for three years.
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The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the
California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a finan cial
instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity
identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of
General Services in accordance with subdivision (b) of Public Contr act Code Section 2203, if that person or entity uses or will use the
credit to provide goods or services in the energy sector in Iran.
11. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION*
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal,
or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See
http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors ’ current registration with
the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is
currently registered as a contractor with the Department of Industrial Relations.
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure
that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-
responsive.
Confirmed
12. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
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1000000645
Click to Verify Value will be copied to clipboard
13. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
784969
Click to Verify Value will be copied to clipboard
14. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION*
I am aware of the provisions of section 3700 of the 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 I will comply with such provisions
before commencing the performance of the work of this Contract.
Confirmed
15. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the
requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation ”). I
hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their
subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have be en
attached hereto.
16. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.
Palm_Desert-Fleet_Compliance_Documentation.pdf
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17. Type of Business*
S Corporation (if corporation, two signatures are required)
18. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
American Asphalt South, Inc.
Click to Verify Value will be copied to clipboard
19. How many years has Bidder’s organization been in business as a Contractor? *
23
20. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
5. Phone Number
Corporation (C-Corp): Requires two signatures from authorized officers— one from President or Vice President, and the other from
the Secretary or Treasurer.
An alternate signatory may be used if authorized by a Notarized Corporate Resolution or Article of Authority.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for
construction or over $25,000 for service agreements), additional approvals or signatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
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Jeff Petty-President
Tim Griffin-Vice President
Robert Sylvester-Secretary
21. Nondiscrimination Certification*
The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals
seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race,
color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender
identity, gender expression, sexual orientation, or membership in any other protected class.
For any purchase exceeding $10,000, vendors must certify compliance with the City’s non discrimination policy (G.C. 3.30.200) before
contract award. No contract will be awarded until the contractor submits this certification.
By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements.
Failure to comply may result in termination of any agreement entered into with the vendor.
Confirmed
PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization, Demobilization and Final Cleanup 1 LS $30,000.00 $30,000.00
3 Traffic Control Plan Implementation 1 LS $150,000.00 $150,000.00
4 Remove Pavement Markings (grind method, including RPMs) 1 LS $275,000.00 $275,000.00
5 Signing and Striping per Plans and Caltrans Details 1 LS $703,999.00 $703,999.00
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
6 Install Type Q Bike Lane Detector Loop 16 EA $3,325.00 $53,200.00
7 Replace / Add Traffic Signal Detector Loop, Type E 49 EA $655.00 $32,095.00
8 Replace / Add Traffic Signal Detector Loop, Type E Modified 202 EA $670.00 $135,340.00
9 Install Flexible Delineator 63 EA $82.50 $5,197.50
10 Video Detection Adjustments (per intersection) 27 EA $3,420.00 $92,340.00
11 Fog Seal 3,664,000 SF $0.04 $146,560.00
12 Type II Rubberized Slurry Seal 2,452,000 SF $0.18 $441,360.00
13 Rubberized Crack Seal/Fill 1 LS $194,000.00 $194,000.00
TOTAL $2,259,091.50
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CITY OF PALM DESERT
LONG FORM CONSTRUCTION AGREEMENT
This Agreement is made and entered into on November 13, 2025, 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, (“City”) and American Asphalt South, Inc., an S Corporation,
with its principal place of business at 2990 Myers Street, Riverside, CA 92503
("Contractor"). The City and Contractor are sometimes individually referred to herein as
“Party” and collectively as “Parties”.
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall
provide all labor, materials, equipment, tools, utility services, and transportation
to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5, below, for the following Project:
Walk and Roll Phase 2 – Bicycle Improvements
Project No. CST00002
(hereinafter referred to as “the Project”).
The project scope includes the removal of existing pavement markings,
signing, and striping; installation of Type Q bike lane detector loops;
replacement or addition of traffic signal detector loops; installation of
delineators; and adjustments to video detection systems at each
intersection. Additional work may be required as shown on the plans.
Contractor is an independent contractor and not an agent of the City. The Contractor
and its surety shall be liable to the City for any damages arising as a result of the
Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced
on the date stated in the City’s Notice to Proceed. The Contractor shall
complete all Work required by the Contract Documents within 75 Days from the
commencement date stated in the Notice to Proceed. By its signature
hereunder, Contractor agrees the time for completion set forth above is
adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the
Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of Two
Million Two Hundred Fifty-Nine Thousand Ninety-One and 50/100 Dollars
($2,259,091.50). Payment shall be made as set forth in the General Conditions.
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The City will pay to Contractor compensation based upon the prices set forth
in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every
Day completion of the Project is delayed beyond the Contract Time. Because
of the nature of the Project, it would be impracticable or extremely difficult to
determine the City’s actual damages. Accordingly, in accordance with
Government Code section 53069.85, it is agreed that the Contractor will pay
the City the sum of $1,000.00 for each and every day of delay beyond the time
prescribed in the Contract Documents for finishing the Work, as Liquidated
Damages and not as a penalty or forfeiture. In the event this is not paid, the
Contractor agrees the City may deduct that amount from any money due or
that may become due the Contractor under the Contract. This Section does not
exclude recovery of other damages specified in the Contract Documents.
Liquidated damages may be deducted from progress payments due
Contractor, Project retention or may be collected directly from Contractor, or
from Contractor's surety. These provisions for liquidated damages shall not
prevent the City, in case of Contractor's default, from terminating the
Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition,
Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition
Standard Plans for Public Works Construction, latest edition
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Caltrans Standard Specifications, latest edition, Except Division 1
Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways
(CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract
Documents.
All of the Contract Documents are intended to be complementary. Work required by one
of the Contract Documents and not by others shall be done as if required by all. In the
event of conflict, the various Contract Documents will be given effect in the order set forth
in the General Conditions. This Contract shall supersede any prior agreement of the
parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents
shall be deemed to be included in these Contract Documents. The Contractor
shall comply with all requirements of applicable federal, state, and local laws,
rules, and regulations, including, but not limited to, the provisions of the
California Labor Code and California Public Contract Code which are
applicable to this Work.
ARTICLE 7. INDEMNIFICATION AND INSURANCE.
A. Indemnification
1. To the fullest extent permitted by law, Contractor shall immediately defend
(with counsel of the City’s choosing), indemnify, and hold harmless the City,
its officials, officers, agents, employees, and representatives, and each of
them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses,
injuries, losses or liabilities, in law or in equity, of every kind or nature
whatsoever, but not limited to, injury to or death, including wrongful
death, of any person, and damages to or destruction of property of any
person, arising out of, related to, or in any manner directly or indirectly
connected with the Work or this Contract, including claims made by
subcontractors for nonpayment, including without limitation the payment
of all consequential damages and attorney’s fees and other related costs
and expenses, however caused, regardless of whether the allegations
are false, fraudulent, or groundless, and regardless of any negligence of
the City or its officers, employees, or authorized volun teers (including
passive negligence), except the sole negligence or willful misconduct or
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active negligence of the City or its officials, officers, employees, or
authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not
limited to damages, fines, penalties, attorney’s fees and costs arising
from claims under the Americans with Disabilities Act (ADA) or other
federal or state disability access or discrimination laws arising from
Contractor’s Work during the course of construction of the improvements
or after the Work is complete, as the result of defects or negligence in
Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines,
penalties or liabilities, in law or equity, of every kind or nature
whatsoever, arising out of, resulting from, or on account of the violation
of any governmental law or regulation, compliance with which is the
responsibility of Contractor;
(d) Any and all losses, expenses, damages (including damages to the Work
itself), attorney’s fees, and other costs, including all costs of defense
which any of them may incur with respect to the failure, neglect, or
refusal of Contractor to faithfully perform the Work and all of Contractor’s
obligations under Contract. Such costs, expenses, and damages shall
include all costs, including attorney’s fees, incurred by the indemnified
parties in any lawsuit to which they are a party.
2. Contractor shall immediately defend, at Contractor’s own cost, expense and
risk, with the counsel of the City choosing, any and all such aforesaid suits,
actions or other legal proceedings of every kind that may be brought or
instituted against the City, its officials, officers, agents, employees and
representatives. Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers,
employees, agents, employees, and representatives, in any such suit,
action or other legal proceeding. Contractor shall reimburse the City, its
officials, officers, agents, employees, and representatives for any and all
legal expenses and costs incurred by each of them in connection therewith
or in enforcing the indemnity herein provided. The only limitations on this
provision shall be those imposed by Civil Code section 2782.
3. The provisions of this Article shall survive the termination of this Contract
howsoever caused, and no payment, partial payment, or acceptance of
occupancy in whole or part of the Work shall waive or release any of the
provisions of this Article.
B. Insurance
1. Without limiting Contractor’s indemnification of City, and prior to
commencement of Work, Contractor shall obtain, provide, and maintain at
its own expense during the term of this Contract, policies of insurance of the
type and amounts described below and in a form that is satisfactory to City.
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2. General Liability Insurance. Contractor 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 $2,000,000 per
occurrence, $4,000,000 general aggregate, for bodily injury, personal injury,
and property damage, and a $4,000,000 completed operations aggregate.
The policy must include contractual liability that has not been amended. Any
endorsement restricting standard ISO “insured contract” language will not
be accepted.
3. Automobile Liability Insurance. Contractor 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 Contractor
arising out of or in connection with Work to be performed under this
Contract, 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.
4. 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, automotive liability and employer’s liability. Such policy or policies
shall include the following terms and conditions:
A drop-down feature requiring the policy to respond in the event that any
primary insurance that would otherwise have applied proves to be
uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and
(b) Concurrency of effective dates with primary policies; and
(c) Policies shall “follow form” to the underlying primary policies; and
(d) Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
5. Workers’ Compensation Insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability
Insurance (with limits of at least $1,000,000) for Contractor’s employees in
accordance with the laws of the State of California, Section 3700 of the
Labor Code. In addition, Contractor shall require each subcontractor to
similarly maintain Workers’ Compensation Insurance and Employer’s
Liability Insurance in accordance with the laws of the State of California,
Section 3700 for all of the subcontractor’s employees. Contractor shall
submit to City, along with the certificate of in surance, a Waiver of
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Subrogation endorsement in favor of the City, its officers, agents,
employees, and volunteers.
6. Fidelity Coverage. Reserved
7. Pollution Liability Insurance. Environmental Impairment Liability Insurance
shall be written on a Contractor’s Pollution Liability form or other form
acceptable to the City providing coverage for liability arising out of sudden,
accidental, and gradual pollution and remediation. The policy limit shall be
no less than $1,000,000 dollars per claim and in the aggregat e. All activities
contemplated in this Agreement shall be specifically scheduled on the policy
as “covered operations”. The policy shall provide coverage for the hauling
of waste from the Project site to the final disposal location, including non -
owned disposal sites.
C. Other Provisions or Requirements
1. Proof of Insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver
of subrogation endorsement for workers’ compensation. Insurance
certificates and endorsements must be approved by City’s Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
2. Duration of Coverage. Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the
performance of the Work hereunder by Contractor, its agents,
representatives, employees, or subcontractors. Contractor must maintain
general liability and umbrella or excess liability insurance for as long as
there is a statutory exposure to completed operations claims. The City and
its officers, officials, employees, and agents shall continue as additional
insureds under such policies.
3. Primary/Non-Contributing. Coverage provided by Contractor 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.
4. Products/Completed Operations Coverage. Products/completed operations
coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims
arising out of the actions of independent contractors. If the insured is using
subcontractors, the Policy must include work performed “by or on behalf” of
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the insured. Policy shall contain no language that would invalidate or
remove the insurer’s duty to defend or indemnify for claims or suits
expressly excluded from coverage. Policy shall specifically provide for a
duty to defend on the part of the insurer. The City, its officials, officers,
agents, and employees, shall be included as additional insureds under the
Products and Completed Operations coverage.
5. City’s Rights of Enforcement. In the event any policy of insurance required
under this Contract does not comply with these requirements, 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 Contractor, or City will withhold amounts sufficient to pay
premium from Contractor payments. In the alternative, City may cancel this
Contract.
6. 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.
7. 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, and
volunteers, or shall specifically allow Contractor or others providing
insurance evidence in compliance with these spe cifications to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against the City, its elected or appointed officers, agents, officials,
employees, and volunteers and shall require similar written express wai vers
and insurance clauses from each of its subcontractors.
8. Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of
the City to inform Contractor of non-compliance with any requirement
imposes no additional obligations on the City nor does it waive any rights
hereunder.
9. 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 Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
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Contract No. ___________
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BBK 72500.00001\32374943.1
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10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) Day notice of
cancellation (except for nonpayment for which a ten (10) Day notice is
required) or nonrenewal of coverage for each required coverage.
11. Additional Insured Status. General liability, automobile liability, and if
applicable, pollution liability policies shall provide or be endorsed to provide
that the City and its officers, officials, employees, agents, and volunteers
shall be additional insureds under such policies. This provision shall also
apply to any excess/umbrella liability policies. Coverage shall be at least as
broad as coverage provided by ISO’s Owners, Lessees, or Contractors
Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10
07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of
Contractor.
12. 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.
13. Separation of Insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’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.
14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants,
sub-contractors, and any other party involved with the Project who is
brought onto or involved in the project by Contractor, provide the same
minimum insurance coverage and endorsements required of Contractor.
Contractor 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. Contractor agrees that upon request, all
agreements with consultants, subcontractors, and others engaged in the
Project will be submitted to City for review.
15. City’s Right to Revise Requirements. The City or its Risk Manager reserves
the right at any time during the term of the contract to change the amounts
and types of insurance required by giving the Contractor ninety (90) Days
advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation. If the City reduces the insurance requirements,
the change shall go into effect immediately and require no advanced written
notice.
16. 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.
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Contract No. ___________
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17. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Contract, and that involve or may involve co verage
under any of the required liability policies.
18. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
19. Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the
Contractor 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. Safety
precautions, where applicable, shall include, but shall not be limited to: (A)
adequate life protection and lifesaving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors,
such as safe walkways, scaffolds, fall protection ladders, bridges, gan g
planks, confined space procedures, trenching and shoring, equipment and
other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities
for the proper inspection and maintenance of all safety measures.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the
Labor Code which such rates shall be made available at the City’s Office or
may be obtained online at http://www.dir.ca.gov and which must be posted at
the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered
fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that the False Claims Act, California Government Code sections
12650, et seq., provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include within their scope false
claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to
recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorneys’ fees. Contractor hereby acknowledges that
the filing of a false claim may the Contractor to an administrative debarment
proceeding wherein Contractor may be prevented from further bidding on public
contracts for a period of up to five (5) years.
[SIGNATURES ON FOLLOWING PAGE]
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Contract No. ___________
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BBK 72500.00001\32374943.1
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND AMERICAN ASPHALT SOUTH, 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
AMERICAN ASPHALT SOUTH, INC., AN
S CORPORATION
Contractor’s License Number and
if applicable
Clerk QC: _______
Contract QC: ______
Insurance:
__________
Initial Review
__________
Final Approval
Bonds: _______
156
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to American Asphalt South, Inc., (hereinafter referred to as the “Contractor”) an agreement for
CST00002 Walk and Roll Phase 2 – Bicycle Improvements Project (hereinafter referred to as the
“Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated September 23, 2025, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, American Asphalt South, Inc., the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of Two million two-hundred fifty-nine thousand ninety-one and
50/100 Dollars, ($2,259,091.50), said sum being not less than one hundred percent (100%) of the
total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally prot ect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
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Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Cont ract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
158
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
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Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
160
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
161
Contract No. ___________
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken
or a resolution passed November 13, 2025, has awarded to American Asphalt South, Inc.,
hereinafter designated as the “Principal,” a contract for the work described as follows:
CST00002 Walk and Roll Phase 2 - Bicycle Improvement Project (the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated September 23, 2025, (“Contract Documents”), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of Two million two-hundred fifty-nine
thousand ninety-one and 50/100 Dollars, ($2,259,091.50) lawful money of the United States of
America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
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Contract No. ___________
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
163
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
164
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
165
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
166
Notice of Exemption FORM “B”
NOTICE OF EXEMPTION
TO:
Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Clerk of the Board of Supervisors
or
County Clerk
County of: Riverside
2724 Gateway Dr, Riverside,
CA 92507
1. –
2.
3.–
site (preferably a USGS 15’ or 7 1/2’
4.– (b)–
5.
6.
7.
8.
(a)
(b)
(c)
(d)
–
(e)
(f)
(g) –
9.
167
Notice of Exemption FORM “B”
facilities.
Lead Agency Contact Person:Lucero Leyva, Senior Project Manager
Telephone: (760) 776-6425
If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Was a public hearing held by the lead agency to consider the exemption? Yes No
If yes, the date of the public hearing was:
Signature:__________________________________ Date:_______________
Title: City Engineer
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
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169
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Page 1 of 5
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Carlos Flores, AICP, Deputy Director of Development Services
SUBJECT: RESOLUTION APPROVING A DENSITY BONUS AGREEMENT AND
GRANTING ONE WAIVER FOR THE AFFIRMED HOUSING
AFFORDABLE HOUSING PROJECT
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A DENSITY BONUS AGREEMENT AND APPROVING
ONE (1) WAIVER FOR THE AFFIRMED HOUSING AFFORDABLE HOUSING PROJECT
LOCATED AT THE NORTHWEST CORNER OF COOK STREET AND FRANK SINATRA
DRIVE (ASSESSOR’S PARCEL NUMBER 694-200-021).”
BACKGROUND/ANALYSIS:
Affirmed Housing, Applicant, submitted a development application for a 298-unit, 3-4 story,
multifamily residential affordable housing development at the northwest corner of Cook Stree t
and Frank Sinatra Drive. The Applicant submitted a Senate Bill 330 Pre-Application with the
intent to submit a Senate Bill 35 (SB 35) streamlined application, that was deemed complete on
June 29, 2023, in accordance with the California Housing Accountability Act. The Applicant
subsequently submitted a Precise Plan application (PP23-0019) for consideration of the SB 35
streamlined project.
On May 23, 2024, the City received a resubmittal of documents that included a revised set of
project plans and a written request for a waiver of development standards pursuant to the
California Density Bonus Law, Government Code § 65915. City staff determined th at the project
met all applicable objective standards for the City of Palm Desert. From May 2024 through
October 2025, City staff worked with the Applicant to finalize the proposed draft density bonus
agreement. Project delays were attributed to iterative legal reviews between applicant and city
attorney, review and coordinate with the California Department of Housing and Community
Development (HDC), transitions in the applicant’s project management, revisions initiated by the
property owner, and adjustments to the proposed affordability mix.
Projects that are eligible for the streamlined SB 35 process are to be approved at a ministerial
(staff) level, and cities are not allowed to hold public hearings or engage in any discretionary
review of the project. City Council is being asked to approve an associate d Density Bonus
Agreement and one (1) waiver, which are required to be approved if the project has met all
applicable objective design standards. This project was submitted and deemed complete before
the approval of the multi-family objective design standards and the updated grading and
subdivision standards, neither of which may be applied to this project.
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Page 2 of 5
Pursuant to the Palm Desert Municipal Code (PDMC) Section 25.34.040(G), the City Council is
the approval authority for a density bonus agreement. The City Council’s consideration of a
density bonus agreement and the requested waiver is subject to Government Code § 65915 ,
which requires that the City "shall ensure … the continued affordability of all very low and low-
income units that qualified the applicant for the award of the density bonus for 55 years …"
Subdivision (e) of Government Code § 65915 precludes the City from applying development
standards that would physically preclude the project at the allowed density, except to the extent
the waiver would: 1) have a specific adverse impact on health or safety that cannot be feasibly
mitigated, 2) have an adverse impact on any real property listed in the California Register of
Historical Resources, or 3) be contrary to state or federal law. The City Counc il's review of the
density bonus agreement is limited to the applicable criteria under Government Code § 65915
and the City's implementing ordinance in accordance with state law.
Project Description:
The project site is a 7.74-acre vacant, unimproved parcel at the northwest corner of Cook Street
and Frank Sinatra Drive. Table 1 provides a summary of zoning, general plan designation, and
adjacent uses:
Table 1 - Zoning, General Plan Designation, and Adjacent Uses
Project Site Planned Residential
(PR)-17
Neighborhood Center Vacant
North PR-17 Neighborhood Center Existing Apartments
(Vineyards)
South PR-5 Resort and
Entertainment
Applebee’s and Courtyard
Palm Desert Hotel
East Public Institution (P) Public
Facility/Institutional
CSUSB and UCR Palm Desert
Campuses
West PR-17 Neighborhood Center Existing Apartments
(Vineyards)
PP23-0019 proposes a 298-unit, multifamily residential development (the Project) located at the
northwest corner of Cook Street and Frank Sinatra Boulevard. The Project includes the following:
Seven buildings: Six are four-story buildings and one is a three-story building
412 onsite parking spaces
298 units, ranging in size from 455 square feet (sf) to 1,270 sf, as follows:
o 7 studio units
o 113 one-bedroom units
o 101 two-bedroom units
o 61 three-bedroom units
o 16 four-bedroom units
3,805 sf clubhouse building and 3,882 sf resident services building
Courtyard areas, playground, pool, and landscaping throughout
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Page 3 of 5
Density Bonus Law
Government Code § 65915 (Density Bonus) allows for increased density, incentives, concessions,
and development standard waivers for housing development projects that provide certain levels
of affordable housing. The amount of density bonus, incentives, and/or concessions to which the
project is entitled depends on the amount of affordable housing provided and the location.
Projects where 100% of the units, excluding manager’s units, are affordable to lower-income
households and located within a very low vehicle travel area are subject to the following:
No maximum density
Up to five incentives or concessions
A height increase of up to three additional stories or 33 feet
The following parking ratios:
o Zero to one bedroom: one onsite parking space
o Two to three bedrooms: one and one-half onsite parking spaces
o Four and more bedrooms: two and one-half parking spaces
The Project includes 100% of the units affordable to low-income households, as detailed in Table 2
and defined in the draft Density Bonus Agreement attached, and is within a very low vehicle travel
area, as defined in Government Code § 65915. The Applicant provided a “Vehicle Miles Travel
(VMT) Review Letter” dated February 14, 2024, to confirm that the project is within a very low vehicle
travel area.
Table 2 – Affordable Housing Unit Mix
Extremely Low Income 77
Very Low Income 123
Low Income 95
Managers Units 3
Total 298
SB 35 Review
On July 3, 2024, City staff provided the Applicant with a letter informing them that the project is
consistent with objective design standards for the City of Palm Desert and was approved, subject
to City Council approval of a density bonus agreement and requested waiver. SB 35 eligible
projects are only required to comply with objective design standards within the City’s Municipal
Code. On April 25, 2024, the City approved the “Palm Desert Multifamily and Mixed -Use
Objective Design Standards” document. However, this document is not applicable to PP23-0019
as it was adopted after this project was deemed complete. The only standards applicable to this
project are those that were in place at the time the project was deemed complete.
Table 3 provides a summary of the Project and how it complies with the applicabl e PDMC
sections for the Planned Residential – 17 zoning designation and Density Bonus Law provisions:
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City of Palm Desert
Affirmed Housing Density Bonus Agreement
Page 4 of 5
Table 3 – Development Standard Breakdown
Density (units per acre) 39 17 Unlimited
Max Height 52’-7” 40’ 73’
Max Stories 4 3 6
Open Space 21% 20% N/A
Parking Spaces 412 596 395
Setbacks from streets 32 ft 32 ft N/A
Maximum Pad Elevation 254’ 224’-6” N/A
PDMC Section 27.12.045 “Control of Building Pad Elevation” requires that “Where the existing
grade is at or below street elevation, […] the maximum finished pad height shall be no more than
twelve inches above the top of curb elevation, measured at the lowest point along the lot frontage
curb line, and be compatible with surrounding adjacent properties, as determined by the city
engineer.”
The Applicant requests a deviation of 29 feet, 6 inches from this requirement. Using the “NAD83”
datum, the northeast corner of the site is the lowest point of the site at an elevation of 223’-6”,
and the southwest corner of the site is the highest point at an elevation of 260’. Adherence to
PDMC 27.12.045 would require a maximum finished pad height of 224’-6” across the entirety of
the project. The waiver request is for a maximum finished pad height of 254’, a deviation of 29’-
6”. Waivers can be granted through a Density Bonus Agreement, as currently proposed.
Regional House Needs Allocation (RHNA)
The City’s Housing Element includes the RHNA, which sets goals for the number of dwelling
units to be accommodated within the locality, designated as affordable to households across all
income categories over the course of the 8 -year planning period (2021-2029). The 298
affordable housing units for this Project will help achieve a portion of the City’s RHNA allocation.
The Density Bonus Agreement includes provisions to ensure that all units will remain affordable
for families of extremely low-, very low-, and low-income households. Units may count towards
RHNA progress once construction permits are issued.
Table 4 – RHNA Allocation Breakdown for 6th Cycle (2021-2029)
Income Level Total RHNA
Allocation
Units issued as
of 10/10/2025
Remaining RHNA
Units as of 10/10/2025
Project
Very Low* 675 571 104 200
Low 460 222 238 95
*Units serving extremely low-income households are included in the very-low income RHNA progress
Legal Review:
This report has been reviewed by the City Attorney’s office.
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City of Palm Desert
Affirmed Housing Density Bonus Agreement
Page 5 of 5
Environment Review:
Approval of PP23-0019 is exempt from review under the California Environmental Quality Act
(CEQA) because the project is being processed under Senate Bill 35, which mandates
ministerial review and approval.
Public Notification:
Tribal Consultation
Upon receiving notification that an applicant intends to submit an SB 35 application; Cities are
required to conduct tribal notification to all tribes identified by the Native American Heritage
Commission (NAHC) as having traditional lands or cultural places located within the boundaries
of the City. The City completed this notification on June 29, 2023, and did not receive any
responses seeking tribal consultation.
Community Engagement Meeting
Since this is a ministerial approval, a Community Engagement Meeting was not held. However,
the City will conduct an informational meeting to inform interested residents about the project.
Notifications would be sent to the surrounding residents. The City anticipates scheduling the
meeting once the Applicant submits complete grading plans, and before any site work begins.
FINANCIAL IMPACT:
There will be no direct financial impact associated with this action.
ATTACHMENTS:
1. Draft Resolution with Density Bonus Agreement
2. Project Plans
3. VMT Review Letter
175
176
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A DENSITY BONUS AGREEMENT AND
APPROVING ONE (1) WAIVER FOR THE AFFIRMED HOUSING
AFFORDABLE HOUSING PROJECT LOCATED AT THE NORTHWEST
CORNER OF COOK STREET AND FRANK SINATRA DRIVE
(ASSESSOR’S PARCEL NUMBER 694-200-021)
CASE NO. PP23-0019
WHEREAS, Affirmed Housing (“Applicant”) submitted a Precise Plan (PP) application
to construct a 289-unit, multi-family affordable housing project on a 7.74-acre site at the
northwest corner of Cook Street and Frank Sinatra Drive (APN 694-200-021); and
WHEREAS, On May 23, 2024, the City received a resubmittal of documents that
included a revised set of project plans and a written request for a waiver of a development
standard pursuant to the California Density Bonus Law, Government Code § 65915 and
deemed the project met all applicable objective standards and approved, subject to City
Council approval of a Density Bonus agreement and waiver of a development standard; and
WHEREAS, in accordance with the State Density Bonus Law (California Government
Code Section 65915), the requirements of Senate Bill 35 (California Government Code §
65913.4, and Palm Desert Municipal Code § 25.34.040(G), the City Council has the authority
to review the proposed Density Bonus and one (1) waiver for the Affirmed Housing project;
and
WHEREAS, the Project includes one hundred percent of the units affordable to low-
income households (excluding those reserved for manager’s units) as provided in the
breakdown in the attached Density Bonus Agreement and is located within a very low vehicle
travel area, as defined in Government Code § 65915; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines) and the City of Palm Desert CEQA
Implementation Requirements Resolution No. 2024-034, the project is exempt from review
under the California Environmental Quality Act (CEQA) because the project is being
processed under Senate Bill 35, which requires ministerial review and approval of the project;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
SECTION 1. That the above recitations are true and correct and constitute the findings
of the City Council in this matter.
SECTION 2. That it does hereby approve the Density Bonus Agreement as set forth in
Exhibit “A”, attached hereto, and the following concession for the Affirmed Housing project (P23-
0019):
PDMC Section 27.12.045 Control of Building Pad Elevation requires that “Where the
existing grade is at or below street elevation, {…} the maximum finished pad height shall
177
RESOLUTION NO. 2025-
2
be no more than twelve inches above the top of curb elevation, measured at the lowest
point along the lot frontage curb line, and be compatible with surrounding adjacent
properties, as determined by the city engineer”.
The Applicant requests a deviation of 29 feet, 6 inches from this requirement. Using the
“NAD83” datum, the northeast corner of the site is the lowest point of the site at an
elevation of 223’-6”, and the southwest corner of the site is the highest point at an
elevation of 260’. Adherence to PDMC 27.12.045 would require a maximum finished pad
height of 224’-6”. The Waiver request is for a maximum finished pad height of 254’, a
deviation of 29’-6”. Waivers are allowed to be granted through a Density Bonus
Agreement, as currently proposed.
SECTION 3. Pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines) and the City of Palm Desert CEQA
Implementation Requirements Resolution No. 2024-034, the project is exempt from review
under the California Environmental Quality Act (CEQA) because the project is being
processed under Senate Bill 35, which requires ministerial review and approval of the project.
ADOPTED ON _____________, 2025.
JAN HARNIK, MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution
No. 2025-___ 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 _______, 2025, 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 ______, 2025.
178
RESOLUTION NO. 2025-
3
ANTHONY J. MEJIA
CITY CLERK
179
180
301564552v4 7/23/2025 1:07 PM
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
This Document is recorded for the benefit of the City of Palm Desert and is exempt
from recording fees pursuant to Sections 6103, 27383 and 27388.1
of the California Government Code.
HOUSING REGULATORY AGREEMENT WITH DECLARATION OF COVENANTS
AND RESTRICTIONS
(Density Bonus Agreement)
by and between
the CITY OF PALM DESERT,
and
SINATRA FAMILY HOUSING, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
DATED AS OF _________ ____, 2025
181
HOUSING REGULATORY AGREEMENT WITH DECLARATION OF COVENANTS
AND RESTRICTIONS
(Density Bonus Agreement)
THIS HOUSING REGULATORY AGREEMENT WITH DECLARATION OF
COVENANTS AND RESTRICTIONS (the “Agreement”) is dated as of [______________
___], 2025, and is by and between the CITY OF PALM DESERT, a municipal corporation (the
“City”), and SINATRA FAMILY HOUSING, L.P., a California limited partnership (the
“Owner”). City and Owner are sometimes referred to herein individually as a “Party” and
collectively as “Parties ”.
RECITALS
This Agreement is predicated upon the following facts:
A. The Owner is the owner of the land located at Cook Street and Frank Sinatra Drive,
within the City of Palm Desert, California (APN: 694-200-021), as further described in “Exhibit
A” attached hereto (the “Property”).
B. Owner proposes developing the Property as a 100% affordable housing residential
development comprised of two hundred ninety-eight (298) apartments (including three (3)
managers units) within six (6) multi-level buildings ranging from three (3) to four (4) stories, with
related amenities (the “Project”), as further set forth in a Precise Plan Application and a
Conditional Use Permit Application, each of which was submitted to the City on or about
September 5, 2023. Owner submitted the Project to the City in accordance with Senate Bill 35
(Gov. Code § 65493) for ministerial approval.
C. Owner requested a density bonus pursuant to Government Code §65 915. Under the
City’s local zoning ordinance and General Plan, the base density for the Property would be
seventeen (17) dwelling units per acre. Owner requested a density bonus under Government Code
§ 65915(f)(3)(D)(iii), which provides for no maximum c ontrol on density for projects that restrict
one hundred percent (100%) of the units, with the exception of managers units, to extremely low,
very low, and low income households income households for an affordable rent or California Tax
Credit Allocation C ommittee, in accordance with Government Code § 65915, if the Project is
located in a “very low vehicle travel area.”
D. In accordance with Government Code § 65915, and the City’s implementing
ordinance, the City agrees to a density bonus for the Project, as requested by Owner, in accordance
with the terms, conditions, covenants and restrictions as set forth in this Agreement, which shall
be recorded upon the Property as an encumbrance for a period of fifty five (55) years from the
completion of constructio n of the Project.
E. This Agreement is that density bonus restrictions agreement.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and the Owner hereby agree as follows:
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ARTICLE 1. DEFINITIONS AND INTERPRETATION.
1.1 Definitions.
Capitalized terms used herein shall have the following meanings unless the context in
which they are used clearly requires otherwise.
“Affordable Units ” shall mean two hundred ninety eight (298) units in the Project which
shall be made available to and occupied by, or held vacant for occupancy only by, Extremely Low,
Very Low, and Low Income Households and rented at an Affordable Rent per the following
breakdown:
77 Units – Extremely Low Income
123 Units – Very Low Income
95 Units – Low Income
3 Units – Managers Units
“Affordable Rent” shall mean rent for a Low Income Household the maximum monthly
rent, including a Reasonable Utility Allowance, shall be determined (a) pursuant to California
Health and Safety Code Section 50053(b)(1) and the state regulations adopted by the California
Department of Housing and Community Development (“HCD”) pursuant thereto. More
specifically, the maximum monthly Affordable Rent, including a Reasonable Utility Allowance,
for a Low Income Household may not exceed thirty percent (30%) of sixty percent (60%) of the
AMI, adjusted for a Household Size Appropriate to the Affordable Unit, divided by twelve, or (b)
for a rental housing development receiving Low Income Housing Tax Credits, pursuant to
California Health and Safety Code Section 50053(b)(2) and in accordance with the CTCAC
Regulatory Agreement and CTCAC rules and regulations, as amended from time to time; and
“AMI” shall mean the area median income for Riverside County as published by CTCAC,
as adjusted for family size.
“CTCAC” means the California Tax Credit Allocation Committee.
“CTCAC Regulatory Agreement” means a regulatory agreement by and between
CTCAC and Owner or its successor and/or assigns which restricts a minimum of eighty percent
(80%) of residential project units (exclusive of managers units) to Low Income Households.
“Extremely Low Income Household” shall mean persons and families whose income
does not exceed the standards set forth in California Health and Safety Code § 50079.5, which
shall not exceed thirty percent (30%) of AMI, adjusted for actual family size, as published from
time to time by the California Department of Housing and Communit y Development, and in
accordance with Title 25 of the California Code of Regulations, including Section 6910, as such
statute and regulations are amended from time to time.
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“Household Size Appropriate to the Affordable Unit” in the absence of pertinent federal
statutes or regulations applicable to the Project, shall have the meaning set forth in California
Health and Safety Code Section 50052.5(h), as amended from time to time, and (b) if the Project
is subject to a CTCAC Regulatory Agreement, Household Size Appropriate to the Affordable Unit
shall be determined in accordance with CTCAC rules and regulations.
“Low Income Household” shall mean persons and families whose income does not exceed
eighty percent (80%) of AMI.
“Reasonable Utility Allowance ” shall mean a utility allowance for utilities paid by a
tenant (not including telephone, internet or cable service), as described in Title 25 of the California
Code of Regulations, Section 6918, as determined by the utility allowance schedule published
annually by the Housing Authority of the County of Riverside or the California Utility Allowance
Calculator.
“Required Covenant Period” shall mean the period commencing on the date all units in
the Project have been completed as evidenced by the City’s issuance of a final Certificate of
Occupancy for the Project, and ending as of the fifty-fifth (55th) anniversary thereof.
“Very Low Income Household” shall mean persons and families whose income does not
exceed the standards set forth in California Health and Safety C ode § 50079.5, which shall not
exceed fifty percent (50%) of AMI, adjusted for actual family size, as published from time to time
by the California Department of Housing and Community Development, and in accordance with
Title 25 of the California Code of Regulations, including Section 6910, as such statute and
regulations are amended from time to time.
1.2 Rules of Construction.
1.2.1 The singular form of any word used herein, including the terms defined herein shall
include the plural and vice versa. The use herein of a word of any gender shall include correlative
words of all genders.
1.2.2 Unless otherwise specified, references to articles, sections, and other subdivisions
of this Agreement are to the designated articles, sections, and other subdivisions of this Agreeme nt
as originally executed. The words “hereof,” “herein,” “hereunder,” and words of similar import
shall refer to this Agreement as a whole.
1.2.3 All of the terms and provisions hereof shall be construed to effectuate the purposes
set forth in this Agreement and to sustain the validity hereof.
1.2.4 Headings or titles of the several articles and sections hereof and the table of contents
appended to copies hereof shall be solely for convenience of reference and shall not affect the
meaning, construction, or effect of the provisions hereof.
ARTICLE 2. ONGOING PROJECT OBLIGATIONS.
2.1 Project and Affordable Units.
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The Owner shall develop and construct the Project on the Property in conformity with the
Entitlements. Thereafter, during the Required Covenant Period, the Owner agrees that not less
than two hundred ninety eight (298) units in the Project shall be Affordable Units under this
Agreement, meaning that such units shall be continually available to and occupied by, or held
vacant for occupancy only by Extremely Low, Very Low, and Low Income Households in the
following breakdown:
77 Units – Extremely Low Income
123 Units – Very Low Income
95 Units – Low Income
3 Units – Managers Units
All of the rental units in the Project shall be similarly constructed and all of the Affordable Units
shall be generally constructed at the same time as those units which are available to other tenants,
and distributed in terms of location throughout the Project. The Affordable Units shall be of
comparable quality to those rental units in the Project which are available to other tenants. The
Owner agrees that, to the extent commercially reasonable, Affordable Units will not be
underutilized. Unless contrary to CTCAC rules and regulations, no persons shall be permitted to
occupy any Affordable Unit in excess of applicable limit of maximum occupancy set by the City’s
Municipal Code and the laws of the State of California.
2.2 Residential Rental Property.
The Owner covenants to operate the Project as residential rental property. During the Required
Covenant Period, the Affordable Units will be held and used for the purpose of providing
residential living, and the Owner shall own, manage and operate, or cause the management and
operation of, the Project to provide such affordable rental hous ing. All of the rental units in the
Project with the exception of three (3) managers units will be available for rental on a continuous
basis to members of the general public and the Owner will not give preference to any particular
class or group in renting the units in the Project, except as required under this Agreement or
government agency regulatory agreement encumbering the Project. The Owner shall not convert
any Affordable Unit(s) to condominiums or cooperative ownership or sell condominium or
cooperative conversion rights to any Affordable Unit(s) during the term of this Agreement.
2.3 Low Income Households.
2.3.1 Income Qualification; Initial Certification. Subject to the applicable provisions
hereof, throughout the Required Covenant Period, the Affordable Units restricted by this
Agreement will be exclusively occupied by, or available for occupancy only by Extremely Low,
Very Low and Low Income Households on a continuous basis. Prior to the rental or lease of an
Affordable Unit and in accordance with Section 2.6 hereof, the Owner will obtain and maintain on
file a Household Income Certification (“Income Certification”) substantially in the form attached
hereto as Exhibit “B” and incorporated herein by this reference or in the form required by CTCAC,
as applicable, for each Extremely Low, Very Low and Low Income Household, and shall provide
copies of same to the City at such times as the City may, from time to time, reasonably require.
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The Income Certification shall be dated immediately prior to the applica ble household’s initial
occupancy of an Affordable Unit. The Owner shall make a good faith effort to verify that the
income provided by an applicant in an Income Certification is accurate by taking any one or more
of the following steps as part of the verification process for all household members over the age
of eighteen (18) as appropriate:
(i) Obtain two (2) pay stubs for the two (2) most recent pay periods;
(ii) Obtain a true copy of an income tax return for the most recent tax year in
which a return was filed;
(iii) Obtain an income verification form from the household member’s current
employer;
(iv) Obtain an income verification form from the Social Security Administration
and/or the State Department of Social Services, or its equivalent, if the household member receives
assistance from either of those agencies;
(v) If the household member is unemployed and has no tax return, obtain
another form of independent verification; or
(vi) Obtain such other documentation as may be reasonably acceptable pursuant
to Title 25 of the California Code of Regulations, as amended from time to time, to verify income.
2.3.2 Certificate of Continuing Program Compliance; Annual Report. Throughout the
Required Covenant Period, the Owner will prepare and submit to the City, at such periodic
frequency as the City might reasonably require, but not more than once annually, a Certificate of
Continuing Compliance in substantially the form attached hereto as Exhibit “C” and incorporated
herein by this reference, and executed by the Owner. The Owner will also prepa re and submit to
the City on or before each anniversary date of the commencement of the Required Covenant
Period, and for the preceding calendar year, a report in form and substance reasonably satisfactory
to the City summarizing the vacancy rate of the Project, including the number of Affordable Units
held vacant for occupancy by Extremely Low, Very Low and Low Income Households for such
calendar year.
2.4 Affordable Rent. Throughout the Required Covenant Period, an Affordable Rent shall be
charged to the Extremely Low, Very Low and Low Income Households occupants of Affordable
Units, as more specifically described above.
2.5 Rent Increases. Rents for Affordable Units may be increased not more than once per year
and twelve (12) months must have elapsed since the date of the tenant’s initial occupancy or the
last rent increase. The rents charged following such an increase, or upon a vacancy and new
occupancy by a Extremely Low, Very Low and Low Income Household shall not exceed an
Affordable Rent. The Owner shall, consistent with applicable law, give proper written notice to
tenants of all rent increases, and upon written request, provide the City with reasonable detail
concerning the amount of and rationale for such rent increases.
2.6 Income Recertification of Affordable Units.
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2.6.1 Annually, on the anniversary date of occupancy of an Affordable Unit by a
Extremely Low, Very Low and Low Income Household, the Owner shall obtain and maintain on
file an annual income certification, in form and substance reasonably satisfac tory to the City, from
each household occupying an Affordable Unit, based upon the current income of each household
member over the age of eighteen (18). The Owner shall make a good faith effort to verify that the
income provided by the household is accurate in accordance with Section 2.3.1, above.
2.6.2 A rental unit occupied by a household that qualifies as a Extremely Low, Very Low
and Low Income Household at the time the household first occupies an Affordable Unit shall be
deemed to continue to be so occupied until a recertification of such household’s income
demonstrates that such household no longer qualifies as a Extremely Low, Very Low and Low
Income Household, as applicable. At such time as a household ceases to qualify as a Extremely
Low, Very Low and Low Income Household based on income recertification, the Owner shall
designate the next available unit (one that is not occupied by a tenant) with the same number of
bedrooms as the occupied Affordable Unit and it shall be leased to a Extremely Low, Very Low
and Low Income Household, as applicable, so that the number of Affordable Units occupied by or
reserved for occupancy by Extremely Low, Very Low and Low Income Households will remain
constant. For purposes of this Agreement, such designated unit will be considered an Affordable
Unit if it is held vacant and available solely for occupancy by a Extremely Low, Very Low and
Low Income Household and, upon occupancy, the income eligibility of the household as a
Extremely Low, Very Low and Low Household is verified and the unit is rented at Affordable
Rent.
2.7 Lease or Occupancy Agreement. Prior to the rental or lease of an Affordable Unit to a
Extremely Low, Very Low and Low Income Household, the Owner shall require the tenant to
execute a written lease or occupancy agreement. The Owner shall maintain on file throughout the
Required Covenant Period and for a four (4) year period thereafter, the executed lease or
occupancy agreement of each tenant occupying an Affordable Unit. The form of lease or
occupancy agreement used by the Owner for the lease or rental of Affordable Units shall be that
which is reasonable and customary in residential leasing. In addition, each lease or occupancy
agreement for an Affordable Unit shall (i) provide that the tenants of such Affordable Unit shall
be subject to annual recertification of income and subject to rental increases in accordance with
Sections 2.5 and 2.6 of this Agreement, and (ii) contain a provision to the effect that the Owner
has relied on the income certificatio n and supporting information supplied by the tenant in
determining qualification for occupancy of the Affordable Unit, and that any material misstatement
in such certification (whether or not intentional) may be cause for immediate termination of such
lease or occupancy agreement.
2.7.1 The Owner shall refrain from restricting the rental or lease of Affordable Units on
the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial status, source of income, disability,
veteran or military status, or genetic information of that person.
2.7.2 The covenants established herein shall, without regard to technical classification
and designation, be binding for the benefit and in favor of the City, and its successors and assigns,
and shall burden and run with the Property.
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2.7.3 The City is deemed to be the beneficiary of the terms and provisions of the
covenants herein, both for and in its own right and for the purposes of protecting the interests of
the community and other parties, public or private, for whose benefit these cove nants running with
the land have been provided.
2.8 Security Deposits. The Owner may require security deposits on Affordable Units in
amounts which are consistent with applicable law.
2.9 Additional Information; Books and Records. The Owner shall provide any add itional
information concerning the Affordable Units reasonably requested by the City. The Owner will
maintain complete and accurate records pertaining to the Affordable Units throughout the
Covenant Period and for a four (4) year period thereafter. The C ity shall have the right upon
written notice of no less than two (2) business days to the Owner, at any time during normal
business hours of 9:00 am to 5:00 pm, to examine of all books, records or other documents
maintained by the Owner or by any of the Owner’s agents which pertain to any Affordable Unit,
including all executed leases or occupancy agreements and all Income Certifications, and obtain
copies of any requested executed leases, occupancy agreements and Income Certifications within
ten (10) business days following such examination and the City’s written request.
2.10 Specific Performance. The Owner hereby agrees that specific enforcement of the Owner’s
agreement to comply with the allowable rent and occupancy restrictions and covenants contained
herein is one of the reasons and consideration for the City having granted a density bonus and that,
in the event of the Owner’s breach of such requirements, potential monetary damages to the City,
as well as to existing and prospective Extremely Low, Very Low and Low Income Households,
would be difficult, if not impossible, to evaluate and quantify. Therefore, in addition to any other
relief to which the City may be entitled as a consequence of the breach hereof, the Owner agrees
to the imposition of the remedy of specific performance against it in the case of any event of default
by the Owner in complying with any provision of this Agreement beyond any applicable notice
and cure period.
2.11 Audit. If the Project is not encumbered by a TCAC Regulatory Agreement, the City shall
have the right to perform an audit of the Project to determine compliance with the provisions of
this Agreement. Such audit shall not be undertaken more often than once each calendar year. All
costs and expenses associated with the audit shall be paid by the Owner.
2.12 Management. The Owner and/or the management agent (if not the Owner) shall operate
the Project in a manner that will provide decent, safe and sanitary residential facilities to the
occupants thereof, and will comply with provis ions of this Agreement. Upon the written request
of the City, the Owner shall cooperate with the City in the periodic review (but not more than once
each calendar year) of the management practices and financial status of the Affordable Units. The
purpose of each periodic review will be to enable the City to determine if the Affordable Units are
being operated and managed in accordance with the requirements and standards of this Agreement.
Results of such City review shall be provided to the Owner, and the City shall have the authority
to require the Owner to make modifications that are reasonably necessary to ensure the objectives
of this Agreement are met.
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2.13 Binding for Term. It is intended by the Parties that except as may be otherwise expressly
provided herein, the provisions of this Agreement shall apply to the Project throughout the entire
term hereof, as established in Section 3.1 below.
2.14 Waiver. Pursuant to Government Code § 65915, provided that Owner complies with the
affordability covenants as set forth in this Agreement, Owner is granted a waiver from the City’s
pad elevation requirements to allow for a deviation from the required pad elevations as follows:
(A) Palm Desert Municipal Code (PDMC) Section 27.12.045 Control of building pad
elevation requires that “Where the existing grade is at or below street elevation, {…} the maximum
finished pad height shall be no more than twelve inches above the top of curb elevation, measured
at the lowest point along the lot frontage curb line, and be compatib le with surrounding adjacent
properties, as determined by the city engineer”.
(B) The Applicant requests a deviation of approximately 29 feet, 6 inches from the
requirement in PDMC Section 27.12.045. The approved finished pad height would be consistent
with the project plans as approved under Precise Plan 23 -0019, with the following general
information: The northeast corner of the site is the lowest point of the site at an elevation of 223’-
6”, and the southwest corner of the site is the highest point at an elevation of 260’. Adherence to
PDMC 27.12.045 would require a maximum finished pad height of 224’-6”. The Waiver request
is for a maximum finished pad height of 254’, a deviation of 29’-6”.
No Other Concessions, Incentives, or Waivers. Owner agree s and acknowledges that no
other concessions, incentives, or waivers are requested for the Project, except as set forth in this
Section 2.14.
ARTICLE 3. TERM AND RECORDATION.
3.1 Term of Agreement. This Agreement shall remain in full force and effect for the Required
Covenant Period, unless the Owner and the City agree, in writing, to terminate this Agreement
prior to the expiration of the Required Covenant Period. Unless terminated earlier pursuant to the
prior sentence of this Section 3.1, or Section 3.3 below, the P arties intend that the provisions and
effect of this Agreement and specifically of Article 2 hereof, shall remain in full force and effect
for the entire Required Covenant Period.
3.2 Agreement to Record. The Owner represents, warrants, and covenants that this Agreement
will be recorded in the real property records of Riverside County.
3.2 Suspension of Restrictions. Notwithstanding the generality of the foregoing provisions of
this Article 3 or any other provisions hereof, this Agreement and all of the terms and restrictions
contained herein shall be suspended for any period of involuntary noncompliance as a result of
unforeseen events such as fire or act of God which leaves the entire Project uninhabitable (and the
proceeds of insurance available to the Owner as a result thereof are insufficient to reconstruct the
Project), or a change in a federal or state law or an action by the federal government, the State or
a court of competent jurisdiction, after the date of recordation hereof, that prevents the City from
enforcing the provisions of this Agreement, or a condemnation or a similar event.
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ARTICLE 4. DEFAULT; REMEDIES.
4.1 An Event of Default. Each of the following shall constitute an “Event of Default” by the
Owner under this Agreement:
4.1.1 Failure by the Owner to duly perform, comply with and observe any of the
conditions, terms, or covenants of this Agreement, if such failure remains uncured thirty (30) days
after written notice of such failure from the City to the Owner in the manner provided herein or,
with respect to a default that cannot be cured within thirty (30) days, if the Owner fails to
commence such cure within such thirty (30) day period or thereafter fails to diligently and
continuously proceed with such cure to completion. However, if a different period or notice
requirement is specified under any other section of this Agreement, then the specific provision
shall control.
4.1.2 Any representation or warranty contained in this Agreement or in any application,
financial statement, certificate, or report submitted by the Owner to the City proves to have been
intentionally incorrect in any material respect when made.
4.1.3 INTENTIONALLY DELETED.
4.2 Intentionally Deleted.
4.3 City Remedies. The City shall have the right to mandamus or other suit, action or
proceeding at law or in equity to require the Owner to perform its obligations and covenants under
this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions
hereof, provided that in any such case the City has first provided the required notice of any alleged
default and the Owner has had the requisite opportunity to cure pursuant to Section 4.1.1, above.
4.4 Investor Cure Rights. The Owner’s investor limited partner and/or special limited partner
shall have the right, but not the obligation, to cure any default of Owner under this Agreement.
4.5 Action at Law; No Remedy Exclusive . The City may take whatever action at law or in
equity as may be necessary to enforce performance and observance of any obligation, agreement
or covenant of the Owner under this Agreement. No remedy herein conferred upon or reserved by
the City is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver of such right or power, but any such right or power may be exercised
from time to time and as often as the City may deem expedient. In order to entitle the City to
exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice,
other than such notice as may be herein otherwise expressly required or required by law to be
given.
ARTICLE 5. GENERAL PROVISIONS.
5.1 Limitations on Recourse. Notwithstanding anything to the contrary contained in this
Agreement, except in the event of fraud, waste, or illegal acts, recourse under this Agreement shall
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run solely to the Owner and (i) no partner, member, officer or director, as applicable, of the Owner
(each, an “Owner Affiliate”) shall have any direct, indirect or derivative personal liability for the
obligations of the Owner under this Agreement, and (ii) the City shall not exercise any rights or
institute any action against any Owner Affiliate directly, indirectly or derivatively for the payment
of any sum of money that is or may become payable hereunder.
5.2 Maintenance, Repair, Alterations. The Owner shall maintain and preserve the Project in
good condition and repair and in a prudent and businesslike manner, and shall otherwise comply
with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any
governmental authority now or hereafter affecting the conduct or operation of the Project or any
part thereof or requiring any alteration or improvement to be made thereon. The Owner shall not
commit, suffer, or permit any act to be done in, upon, or to the Project or any part thereof in
violation of any such laws, ordinances, rules, regulations, or orders. The Owner hereby agrees that
the City may conduct from time to time through representatives, upon reasonable notice of no less
than twenty-four (24) hours, on-site inspections and observation of: (i) the maintenance and repair
of the Project, including a review of all maintenance and repair programs and practices and all
reports and records pertaining thereto, including records of expenditures relating thereto; and (ii)
such other facilities, practices, and records of the Owner relating to the Affordable Units as the
City reasonably deems to be necessary or appropriate in order to monitor the Owner’s compliance
with the provisions of this Agreement.
5.3 Notices. A copy of all notices delivered to Owner shall be concurrently delivered to
Owner’s investor limited partner at the address set forth below or such alternate address specified
by Owner in writing. All notices (other than telephone notices), certificates or other
communications (other than telephone communications) required or permitted her eunder shall be
sufficiently given and should be deemed given when sent by certified mail, postage prepaid, or
twenty-four (24) hours following delivery of such notice to Federal Express or similar commercial
carrier for next business day or overnight delivery, addressed as follows:
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And with copies to Owner’s Investor Limited Partne
5.4 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or
understood by any of the Parties, or by any third persons, as creating the relationship of employer
and employee, principal and agent, limited or general partnership, or joint venture between t he
City and the Owner or the Owner’s agents, employees or contractors, and the Owner shall at all
times be deemed an independent contractor and shall be wholly responsible for the manner in
which it or its agents, or both, perform the services required of it by the terms of this Agreement
for the operation of the Project. The Owner has and hereby retains the right to exercise full control
of employment, direction, compensation and discharge of all persons assisting in the performance
of services hereunder. In regards to the on-site operation of the Project, the Owner shall be solely
responsible for all matters relating to payment of its employees, including compliance with Social
Security, withholding and all other laws and regulations governing such matte rs. The Owner
agrees to be solely responsible for its own acts and those of its agents and employees.
5.5 No Claims. Nothing contained in this Agreement shall create or justify any claim against
the City by any person the Owner may have employed or with whom the Owner may have
contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the
performance of any work or services with respect to the operation of the Affordable Units.
5.6 Conflict of Interests. No member, official or employee of the City shall make any decision
relating to this Agreement which affects his or her personal interests or the interests of any
corporation, partnership or association in which he or she is directly or indirectly interested. No
officer or employee of the Owner shall acquire any interest in conflict with or inimical to the
interests of the City.
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5.7 Non-Liability of City Officials, Employees and Agents . No member, official, employee or
agent of the City shall be personally liable to the Owner, or a ny successor in interest, in the event
of any default or breach by the City or for any amount which may become due to the Owner or
successor in connection with this Agreement or on any obligation of the City under the terms of
this Agreement.
5.8 Unavoidable Delay; Extension of Time of Performance. In addition to specific provisions
of this Agreement, performance by either Party hereunder that relates to a construction obligation
shall not be deemed to be in default where it is due to an “Unavoidable Delay.” “Unavoidable
Delay” means a delay due to the elements (including unseasonable weather), fire, earthquakes or
other acts of God, strikes, pandemics, labor disputes, lockouts, shortages of construction materials
experienced generally in the construction industry in the local area, acts of the public enemy, riots,
insurrections or governmental regulation of the sale or transportation of materials, supply or labor;
provided, however, that to the extent a delay is caused by any other reason that the Owner
reasonably believes is beyond its control, the Owner may request, on a case -by-case basis, that the
City excuse any such delay as an Unavoidable Delay and the City shall make its determination as
to whether such delay constitutes an Unavoidable Delay using its r easonable judgment.
5.9 Indemnity. The Owner shall indemnify, defend and hold harmless the City and all officials,
employees and agents of City (with counsel reasonably satisfactory to the City) against any costs,
liabilities, damages or judgments arising fro m claims or litigation of any nature whatsoever
brought by third parties and directly or indirectly arising from the Owner’s ownership or operation
of the Project, or the Owner’s performance of its obligations under this Agreement, and in the
event of settlement, compromise or judgment hold the City free and harmless therefrom.
Notwithstanding the foregoing, the indemnity provisions contained in this Section 5.9 shall not
apply with respect to any costs, liabilities, damages or judgments arising directly o r indirectly from
the City’s rental of units within the Project as described in Section 4.2 hereof. The provisions of
this Section 5.9 shall survive the term of this Agreement.
5.10 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement,
the rights and remedies of the Parties are cumulative, and the exercise or failure to exercise one or
more of such rights or remedies by either Party shall not preclude the exercise by it, at the same
time or different times, of any right or re medy for the same default or any other default by the
other Party. No waiver of any default or breach by the Owner hereunder shall be implied from
any omission by the City to take action on account of such default if such default persists or is
repeated, and no express waiver shall affect any default other than the default specified in the
waiver, and such wavier shall be operative only for the time and to the extent therein stated.
Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of
any subsequent breach of the same covenant, term or condition. The consent or approval by the
City to or of any act by the Owner requiring further consent or approval shall not be deemed to
waive or render unnecessary the consent or approval to or of any subsequent similar act. The
exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default
under this Agreement, nor shall it invalidate any act done pursuant to notice of default, or prejudice
the City in the exercise of any right, power, or remedy hereunder or under any agreements ancillary
or related hereto.
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5.11 Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of
the State of California.
5.12 Severability. If any term, provision, covenant or condition of this Agreement is held in a
final disposition by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions shall continue in full force and effect unless the rights and ob ligations of the
Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
5.13 Legal Actions. In the event any legal action is commenced to interpret or to enforce the
terms of this Agreement or to collect damages as a result of any breach thereof, the Party prevailing
in any such action shall be entitled to recover against the Party not prevailing all reasonable
attorneys’ fees and costs incurred in such action (including all legal fees incurred in any appeal or
in any action to enforce any resulting judgment), as awarded by a court of competent jurisdiction.
5.14 Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit
of the permitted heirs, administrators, executors, successors in interest and assigns of each of the
Parties. Any reference in this Agreement to a specifically named Party shall be deemed to apply
to any successor, heir, administrator, executor or assign of such Party who has acquired an interest
in compliance with the terms hereof or under law.
5.15 Time of the Essence. In all matters under this Agreement, time is of the essence.
5.16 Approvals by the City. Any approvals required under this Agreement shall be made by the
City Manager or his or her designee, and shall not be unreasonably withheld, conditioned, delayed
or made, except where it is specifically provided herein that another standard applies, in which
case the specified standard shall apply.
5.17 Complete Understanding of the Parties. This Agreement and the attached Exhibits
constitute the entire understanding and agreement of the Parties with respect to the matters
described herein.
5.18 Covenants to Run With the Land . The Owner hereby subjects the Project to the covenants,
reservations, and restrictions set forth in this Agreement. The City and the Owner hereby declare
their express intent that the covenants, reservations, and restrictions set forth herein shall be
deemed covenants running with the land and shall pass to and be binding upon the Owner’s
successors in title to the Project; provided, however, that on the termination of this Agreement said
covenants, reservations and restrictions shall expire. Each and every contract, deed or other
instrument hereafter executed covering or conveying the Project or any portion thereof shall
conclusively be held to have been executed, delivered and accepted subject to such covenants,
reservations and restrictions, regardless of whether such covenants, reservations and restrictions
are set forth in such contract, deed or other instruments. No breach of any of the provisions of this
Agreement shall defeat or render invalid the lien of a mortgage or deed of trust made in good faith
and for value encumbering the Property or any interest of the Owner therein.
5.19 Burden and Benefit. The City and the Owner hereby declare their understanding and intent
that: (i) the burden of the covenants, reservations, restrictions, and agreements set forth herein
touch and concern the Property and the Project, in that Owner’s legal interest in the Proj ect is
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rendered less valuable thereby, (ii) the covenants, reservations, restrictions, and agreements set
forth herein directly benefit the Property and the Project (a) by enhancing and increasing the
enjoyment and use of the Project by certain Extremely Low, Very Low and Low Income
Households, the intended beneficiaries of such covenants, reservations, restrictions, and
agreements, (b) by making possible the obtaining of advantageous financing for the Property and
the Project, and (c) by furthering the pub lic purposes advanced by the City, and (iii) the covenants,
reservations, restrictions and agreements set forth herein shall run with the Property and shall be
binding for the benefit of and enforceable by the City and its successors and assigns for the entire
Term of this Agreement.
5.20 Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be an original, but all of which shall constitute one and the same instrument.
5.21 Amendments. This Agreement may be amended only by the written agreement of the City
and the Owner.
5.22 This Agreement must be senior in priority to any other liens or encumbrances on the
Property. The City may require as a precondition to entering into this Agreement that all pre -
existing lienholders enter into a subordination agreement, in a form reasonably acceptable to the
City, that subordinates the private liens or encumbrances of such lienholders to this Agreement.
Notwithstanding the foregoing, if required by CTCAC, this Agreement may be subordinated to
any CTCAC Regulatory Agreement on CTCAC’s standard form, provided that the City has not
less than thirty days to review and approve a proposed subordination agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
195
WHEREFORE, the undersigned has executed this Agreement as of the date first -above
written.
196
CITY:
CITY OF PALM DESERT
By: ________________________
Print Name: ___________________
Title: ________________________
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of )
On ____________, 2025, before me, ________________________________________________,
(insert name and title of the officer)
Notary Public, personally appeared ________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PEN ALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
197
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of )
On ____________, 2025, before me, ________________________________________________,
(insert name and title of the officer)
Notary Public, personally appeared ________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
198
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of )
On ____________, 2025, before me, ________________________________________________,
(insert name and title of the officer)
Notary Public, personally appeared ________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
199
EXHIBIT “A”
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Palm Desert, County of Riverside, State of California, described as
follows:
PARCEL 1:
THOSE CERTAIN PARCELS OF LAND SITUATED IN THE CITY OF PALM DESERT,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PORTIONS OF PARCELS 16
AND 17 OF PARCEL MAP NO. 31730, AS SHOWN IN PARCEL MAP BOOK 211 PAGES 63 -
75, DATED JANUARY 31, 2005 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS A
WHOLE AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FRANK SINATRA DRIVE AND
COOK STREET, AS SHOWN ON SAID MAP OF "PARCEL MAP NO. 31730,
THENCE NORTH 01° 12' 38" EAST 851.22 FEET ALONG THE CENTERLINE OF COOK
STREET;
THENCE NORTH 88° 47' 22" WEST 67.00 FEET TO THE TRUE POINT OF BEGINNING.
THENCE, ALONG THE WESTERLY RIGHT OF WAY LINE OF COOK STREET AS SHOWN
ON SAID MAP, THE FOLLOWING THREE COURSES:
SOUTH 01° 12' 38" WEST 558.74 FEET; THENCE NORTH 88° 47' 22" WEST 4.00 FEET;
THENCE SOUTH 01° 12' 38" WEST 200.71 FEET TO THE NORTHERLY LINE OF FRANK
SINATRA DRIVE AS SHOWN ON SAID MAP; THENCE ALONG SAID NORTHERLY LINE
OF THE FOLLOWING FOUR COURSES: SOUTH 45° 31' 25" WEST 32.13 FEET; THENCE
SOUTH 89° 50' 06" WEST 35.90 FEET; THENCE SOUTH 84° 03' 10" WEST 158.81 FEET;
THENCE SOUTH 89° 50' 06" WEST 360.56 FEET TO THE SOUTHWEST CORNER OF SAID
PARCEL 17; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 17NORTH 00°
10' 01" WEST 288.62 FEET; THENCE NORTH 45° 00' 00" EAST 724.78 FEET; THENCE
SOUTH 88° 47' 21" EAST 85.75 FEET TO THE TRUE POINT OF BEGINNING.
PURSUANT BY A CERTIFICATE OF COMPLIANCE WAIVER OF PARCEL MAP PMW07 -
12 RECORDED JUNE 23, 2008 AS INSTRUMENT NO. 08-340135 OF OFFICIAL RECORDS.
PARCEL 2:
AN EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS, EGRESS AND
REGRESS, AS SHOWN ON THE EASEMENT AGREEMENT DA TED JUNE 23, 2008 AS
INSTRUMENT NO. 2008-340132, OF OFFICIAL RECORDS.
Assessor's Parcel Number: 694-200-021
200
EXHIBIT “B”
HOUSEHOLD INCOME CERTIFICATION
(Attached)
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203
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204
EXHIBIT “C”
CERTIFICATE OF CONTINUING COMPLIANCE
(Attached)
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206
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207
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209
210
PROJECT DIRECTORY
DEVELOPER
AFFIRMED HOUSING
13520 EVENING CREEK DR
N. SUITE 160
SAN DIEGO, CA 9218
JOSÉ J. LUJANO
P| 408-823-5801
JOSE@AFFIRMEDHOUSING.COM
ARCHITECT
SVA ARCHITECTS
6 HUTTON CENTER DRIVE,
SUITE 1150
SANTA ANA, CA 92707
NOEL NGUYEN
P| 949.809.3380
NNGUYEN@SVA-ARCHITECTS.COM
CIVIL ENGINEER
FUSCOE ENGINEERING, INC.
16795 VON KARMAN, SUITE 100
STEVE ELLIS
P| 909.560.1902
SELLIS@FUSCOE.COM
LANDSCAPE ARCHITECT
FORM WORK -LA
2585 UNIVERSITY AVE,
SAN DIEGO, CA 92104
MIKE VAIL
P| 619.269.4423
MIKE@FORMWORK-LA.COM
ELECTRICAL ENGINEER
SOUTHWEST GROUP ENGINEERING
CONSULTANTS, INC.
9201 RSEARCH DR
IRVINE, CA 92618
ROY LEE
P| 949.387.8989 SITE
CO
O
K
S
T
FRANK SINATRA DR
UNIVERSITY OF
CALIFORNIA
RIVERSIDE
VINCINITY MAP
PROJECT UNIT SUMMARY AND MIX
PLAN TYPE Everage
Gross Sq. Ft.
Total
Units
Total
Unit %SF
STUDIO -A 455.0 SF 4 1.3%1,820
CLUBHOUSE 3,805.0 SF
AMENITIES:
RESIDENT SERVICES (BUILDING B) 3,882.0 SF
PARKING SUMMARY:
BUILDING C
BUILDING D
BUILDING A (Frank Sinatra Dr)291146
TANDEM COM-
PACTTYPICAL
ACCE-
SSIBLE TOTAL
6
COMPACTTYPICAL
181600
BUILDING A reverse (Frank Sinatra Dr)2911466
BUILDING A (Cook Street)291466
BUILDING A reverse (Cook Street)291466
COVERED PARKING:
241900
156912424
TYPICAL VAN ACCESSIBLE TOTAL
OFF-STREET PARKING:2547249
TOTAL ON SITE PARKING: 412
1
1
2
1
7
2
2
2
2
0
2
10
1 BED/1-BATH -A
1 BED/1-BATH -B
1 BED/1-BATH -C
2 BED/1-BATH -A
2 BED/1-BATH -B
495.0 SF
503.0 SF
507.0 SF
813.0 SF
812.0 SF
1 BED/1-BATH -D
1 BED/1-BATH -E
650.0 SF
667.0 SF
49 16.5%24,255
32 10.8%16,096
12 4.0%6,084
16 5.4%10,400
2 0.67%1,334
33 11.1%26,829
29 9.8%23,548
1 BED/1-BATH -F 623.0 SF 2 0.67%1,246
2 BED/1-BATH -C 821.0 SF 12 4.0%9,852
2 BED/1-BATH -D 746.0 SF 4 1.3%2,984
2 BED/1-BATH -E 684.0 SF 12 4.1%8,208
2 BED/1-BATH -F 947.0 SF 12 4.0%3,788
2 BED/1-BATH -G 781.0 SF 3 1.0%2,343
STUDIO -B 490.0 SF 3 1.0%1,470
3 BED/2-BATH -A
3 BED/2-BATH -B
3 BED/2-BATH -C
3 BED/2-BATH -E
998.0 SF
1,190.0 SF
1,122.0 SF
1,035.0 SF
4 BED/2-BATH -B 1,270.0 SF
25 8.4%24,950
16 5.4%19,040
12 4.0%13,464
4 1.3%4,140
4 1.3%5,080
298 100%230,159
3 BED/2-BATH -D 1,132.0 SF 4 1.3%4,528
4 BED/2-BATH -A 1,288.0 SF 12 4.0%15,456
2 BED/1-BATH -K 817.0 SF 2 0.67%1,634
2 BED/1-BATH -L 805.0 SF 2 0.67%1,610
PROJECT INFORMATION
PROJECT NAME:
PALM DESERT APARTMENTS
PROJECT DESCRIPTION:
-THIS PROJECT CARRIES A CONTEMPORARY SPANISH STYLE AND COMPRISED WITH
295 APARTMENT UNITS LOCATED THROUGHOUT THE SITE OVER 6 MULTI-LEVELS
BUILDINGS RANGING FROM 3 LEVELS TO 4 LEVELS. ONE SINGLE LEVEL CLUBHOUSE
IS LOCATED NEAR POOL AREA. ALL BUILDINGS ARE TYPE V-A CONSTRUCTION FULLY
SPRINLKERED.
-A COMMUNITY ROOM AND LEASING OFFICE ARE LOCATED ON FIRST LEVEL ON THE
RIGHT SIDE OF THREE-LEVEL BUILDING ON THE CORNER OF COOK STREET AND
FRANK SINATRA DRIVE. OPPOSITE FROM THE BREEZEWAY W OULD BE DOUBLE HIGH,
SINGLE LEVEL RETAIL SPACES.
-ALL BUILDINGS FACING BOTH COOK STREET AND FRANK SINATRA DRIVE TO HAVE
DEEP SETBACKS TO HAVE BUFFER FROM MAIN STREETS.
PROJECT ADDRESS:
COOK STREET & FRANK SINATRA BLVD.
GOVERNING MUNICIPALITY:
CITY OF PALM DESERT, CALIFORNIA
GENERAL PLAN LAND USE:
PLANNED RESIDENTIAL DISTRICT
ZONING CLASSIFICATION:
P.R.-17
TYPE(S)_OF CONSTRUCTION:
RESIDENTIAL R-X, TYPE V-A
PARKING GARAGE, S-2 TYPE 1-A
FIRE PROTECTION SYSTEM:
FULLY SPRINKLERED
OCCUPANCY CLASSIFICATION:
RESIDENTIAL R-2
PARKING GARAGE S-2
AMENITY CLUBHOUSE B
LEASING B
GROSS LOT AREA: 337,168 SF (7.74 ACRE)
SETBACK REQUIREMENTS:
COOK STREET 32 FT
FRANK SINATRA DR 32 FT
SIDE SETBACKS 20 FT
NET LOT AREA: 328,947 SF
OPEN SPACE
COURTYARD 1 -AMENITY POOL 8,148 SF 2.4%
COURTYARDS
COURTYARD 2 -PLAYGROUND 3,143 SF 0.9%
COOK STREET SETBACK LANDSCAPED AREA 13,420.0 SF 4.0%
OTHER
FRANK SINATRA BLVD. LANDSCAPED AREA 6,447.2 SF 1.9%
FRANK SINATRA BLVD. MAIN ENTRY (2,404.6 SF ON SETBACK) 6,939.0 SF 2.1%
COOK STREET ENTRY 759.0 SF 0.2%
WEST ENTRY LANDSCAPE 888.6 SF 0.3%
COURTYARD 3 -LANDSCAPE ARE 5,645 SF 1.7%
COURTYARD 4 -TERRACE 6,925 SF 2.1%
WEST SETBACK LANDSCAPE 1,767.9 SF 0.5%
CORNER SETBACK LANDSCAPE AREA 7,035.8 SF 2.1%
CORNER TERRACE 4,066.4 SF 1.2%
TOTAL 23,861 SF 7.1%
CIRCLE 2,235.9 SF 0.7%
OTHER PARKWAY AND BUILDING LANDSCAPE 18,799.0 SF 5.6%
TOTAL 62,358.8 SF 18.5%
SF %*
SF %*
*PERCENTAGE BASED ON GROSS LOT AREA, 337,168 SF
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#DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A0.01
PROJECT DATA/
SHEET INDEX
ARCHITECTURE
A0.01 PROJECT DATA/ SHEET INDEX
A0.02 ALTA/NSPS LAND TITLE SURVEY
A0.04 CODE ANALYSIS - AREA PLAN BUILDING A
A0.06 CODE ANALYSIS - AREA & EXITING PLANS BUILDING B &
CLUB-HOUSE
A0.07 CODE ANALYSIS - AREA PLAN BUILDING C
A0.09 CODE ANALYSIS - AREA PLAN BUILDING D
A0.12 OPEN SPACE AREA EXHIBIT P1
A0.13 OPEN SPACE AREA EXHIBIT P2
A1.00 SITE - PLAN
A1.01 SITE - ROOF PLAN
A1.02 SITE - ELEVATIONS
A1.03 SITE - SECTION
A1.04 LINE OF SIGHT EXHIBIT
A1.05 FLOOR PLAN - LEVEL 01 BUILDING A
A1.06 FLOOR PLAN - LEVEL 02 BUILDING A
A1.07 FLOOR PLAN - LEVEL 03 BUILDING A
A1.08 FLOOR PLAN - LEVEL 04 BUILDING A
A1.09 ROOF PLAN - BUILDING A
A1.10 ELEVATIONS - BUILDING A
A1.11 ELEVATIONS - BUILDING A
A1.12 FLOOR PLAN - LEVEL 01 BUILDING B
A1.13 FLOOR PLAN - LEVEL 02 BUILDING B
A1.14 FLOOR PLAN - LEVEL 03 BUILDING B
A1.15 ROOF PLAN - BUILDING B
A1.16 ELEVATIONS - BUILDGING B
A1.17 FLOOR PLAN - LEVEL 01 BUILDING C
A1.18 FLOOR PLAN - LEVEL 02 BUILDING C
A1.19 FLOOR PLAN - LEVEL 03 BUILDING C
A1.20 FLOOR PLAN - LEVEL 04 BUILDING C
A1.21 ROOF PLAN - BUILDING C
A1.22 ELEVATIONS - BUILDING C
A1.23 ELEVATIONS - BUILDING C
A1.24 FLOOR PLAN - LEVEL 01 BUILDING D
A1.25 FLOOR PLAN - LEVEL 02 BUILDING D
A1.26 FLOOR PLAN - LEVEL 03 BUILDING D
A1.27 FLOOR PLAN - LEVEL 04 BUILDING D
A1.28 ROOF PLAN BUILDING D
A1.29 ELEVATIONS - BUILDING D
A1.30 ELEVATIONS - BUILDING D
A1.31 CLUB HOUSE - PLANS & ELEVATIONS
A1.32 UNIT PLANS BUILDING A
A1.33 UNIT PLANS BUILDING A
A1.34 UNIT PLANS BUILDING B
A1.35 UNIT PLANS BUILDING C
A1.36 UNIT PLANS BUILDING D
CIVIL
C-1 CONCEPTUAL GRADING PLAN
C-2
ES1.1 ELECTRICAL SITE PLAN - SOUTHEAST
ES1.2 ELECTRICAL SITE PLAN - SOUTHWEST
ES1.3 ELECTRICAL SITE PLAN - NORTHWEST
ES1.4 ELECTRICAL SITE PLAN - NORTHEAST
ES2.1 PHOTOMETRIC SITE PLAN - SOUTHEAST
ES2.2 PHOTOMETRIC SITE PLAN - SOUTHWEST
ES2.3 PHOTOMETRIC SITE PLAN - NORTHWEST
ES2.4 PHOTOMETRIC SITE PLAN - NORTHEAST
ES3.1 LIGHTING FIXTURE SPECIFICATIONS AND CUTSHEETS
C-2 CONCEPTUAL UTILITY PLAN
LANDSCAPE
LC.1 CONCEPTUAL LANDSCAPE PLAN
LC.2 CONCEPTUAL LANDSCAPE PLAN ENLARGEMENT
LC.3 CONCEPTUAL LANDSCAPE PLAN ENLARGEMENT
LC.4 CONCEPTUAL LANDSCAPE PLAN ENLARGEMENT
LC.5 SUPPLEMENTAL LANDSCAPE EXHIBITS
LC.6 CONCEPTUAL LANDSCAPE PLAN – COLOR-CODED
ELECTRICAL
ES1.1 ELECTRICAL SITE PLAN - SOUTHEAST
ES1.2 ELECTRICAL SITE PLAN - SOUTHWEST
ES1.3 ELECTRICAL SITE PLAN - NORTHWEST
ES1.4 ELECTRICAL SITE PLAN - NORTHEAST
ES2.1 PHOTOMETRIC SITE PLAN - SOUTHEAST
ES2.2 PHOTOMETRIC SITE PLAN - SOUTHWEST
ES2.3 PHOTOMETRIC SITE PLAN - NORTHWEST
ES2.4 PHOTOMETRIC SITE PLAN - NORTHEAST
ES3.1 LIGHTING FIXTURE SPECIFICATIONS AND CUTSHEETS
C-2 GRADING SECTIONS
C-3 ACCESSIBILITY SITE PLAN
C-4 CONCEPTUAL UTILITY PLAN
211
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sheet title
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sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A0.02
ALTA/NSPS LAND
TITLE SURVEY
SITE ALTA SURVEY PG3
SITE ALTA SURVEY PG2SITE ALTA SURVEY PG1
ASSESSOR'S MAP
212
2656 SF
'U' OCCUPANCY
8137 SF
RESIDENTIAL
3815 SF
'U' OCCUPANCY
14076 SF
RESIDENTIAL
13488 SF
RESIDENTIAL
14216 SF
RESIDENTIAL
BUILDING A ACTUAL BUILDING AREA:
R-2 OCCUPANCY:U OCCUPANCY:
FIRST LEVEL: 8,137 S.F.6,471 S.F.
SECOND LEVEL:14,216 S.F.
THIRD LEVEL:14,076 S.F.
FOURTH LEVEL:13,488 S.F.
TOTAL:49,917 S.F.+6,471 S.F.= 56,844 S.F.
BUILDING A ALLOWABLE AREA (CBC SECTION 506. TABLE 506.2):
CONSTRUCTION TYPE: V-A
FIRE SPRINKLERS: 903.3.1.1 (NFPA 13)
TABULAR ALLOWABLE AREA: 36,000SF
MIXED OCCUPANCY BUILDING OVER 3 STORIES
SUM OF THE RATIOS SHALL NOT EXCEED 2 (ACTUAL AREA / ALLOWABLE AREA)
R-2 OCCUPANCY:U OCCUPANCY:
FIRST LEVEL:0.2157 0.1836
SECOND LEVEL:0.3823
THIRD LEVEL:0.3808
FOURTH LEVEL:0.3761
TOTAL:1.3549 +0.1836 =1.5385 < 2 THUS OK
BUILDING A UNIT SUMMARY AND MIX
UNIT MIX:
PLAN TYPE
SQUARE FOOTAGE
TANDEM ONE PARKING SPACE AND ONE COMPACT SPACE = 6X2 12
COVERED PARKING:
Everage
Gross Sq. Ft.
Total
Units
Total
Unit %SF
STUDIO
1 BED/1-BATH -A
1 BED/1-BATH -B
1 BED/1-BATH -C
2 BED/1-BATH -A
2 BED/1-BATH -B
2 BED/2-BATH -F
3 BED/2-BATH -A
3 BED/2-BATH -B
3 BED/2-BATH -C
3 BED/2-BATH -D
455.0 SF
495.0 SF
503.0 SF
507.0 SF
813.0 SF
812.0 SF
947.0 SF
998.0 SF
1,190.0 SF
1,122.0 SF
1,132.0 SF
4 BED/2-BATH -A 1,288.0 SF
1 2.0%455
7 14.3%3,465
8 16.3%4,024
3 6.1%1,521
6 12.2%4,878
4 8.2%3.248
1 2.0%947
2 4.1%1,996
3 6.1%3,570
3 6.1%3,366
1 2.0%1,132
3 6.1%3,864
TYPICAL COVERED PARKING SPACE 14
COMPACT COVERED PARKING SPACE 2
49 100%37,727
TOTAL
ACCESSIBLE COVERED PARKING SPACE 1
TOTAL COVERED PARKING SPACES PER BUILDING A: 29
2 BED/1-BATH -C
2 BED/1-BATH -D
2 BED/1-BATH -E
821.0 SF 3 6.1%2,463
746.0 SF 1 2.0%746
684.0 SF 3 6.1%2,052
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sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A0.04
CODE ANALYSIS
-AREA PLAN
BUILDING A
1/16" = 1'-0"1BLDG A -LEVEL 011/16" = 1'-0"3BLDG A -LEVEL 03
1/16" = 1'-0"4BLDG A -LEVEL 04 1/16" = 1'-0"2BLDG A -LEVEL 02
AREA SUMMARY
213
3967 SF
'B' OCCUPANCY
4681 SF
RESIDENTIAL
276 SF
RESIDENTIAL
10316 SF
RESIDENTIAL
10316 SF
RESIDENTIAL
BUILDING B ACTUAL BUILDING AREA:
R-2 OCCUPANCY:B OCCUPANCY:
FIRST LEVEL: 4,681 S.F.3,967 S.F.
SECOND LEVEL:10,316 S.F.
THIRD LEVEL:10,316 S.F.
TOTAL:25,313 S.F.+3,967 S.F.= 29,280 S.F.
BUILDING A ALLOWABLE AREA (CBC SECTION 506. TABLE 506.2):
CONSTRUCTION TYPE: V-A
FIRE SPRINKLERS: 903.3.1.1 (NFPA 13)
TABULAR ALLOWABLE AREA: R-2 = 36,000SF; B = 72,000SF
MIXED OCCUPANCY BUILDING OVER 3 STORIES
SUM OF THE RATIOS SHALL NOT EXCEED 2 (ACTUAL AREA / ALLOWABLE AREA)
R-2 OCCUPANCY:U OCCUPANCY:
FIRST LEVEL:0.130 0.1078
SECOND LEVEL:0.2866
THIRD LEVEL:0.2866
TOTAL:0.7032 +0.0551 =0.7583 < 2 THUS OK
COMMERCIAL/ TENANT SERVICES 3,967
OTHER:
SF
BUILDING B UNIT SUMMARY AND MIX
UNIT MIX:
PLAN TYPE
SQUARE FOOTAGE
Everage
Gross Sq. Ft.
Total
Units
Total
Unit %SF
1 BED/1-BATH -D 650.0 SF 16 64%10,400
1 BED/1-BATH -E 667.0 SF 2 8%1,334
STUDIO/1-BATH -G 490.0 SF 3 12%1,470
25 100%16,060
2 BED/1-BATH -L 805.0 SF 2 8%1,610
1 BED/1-BATH -F 623.0 SF 2 8%1,246
3967
TOTAL 7,764
CLUBHOUSE ACTUAL BUILDING AREA:
B OCCUPANCY:3,805 S.F.
BUILDING A ALLOWABLE AREA (CBC SECTION 506. TABLE 506.2):
CONSTRUCTION TYPE: V-B
FIRE SPRINKLERS: 903.3.1.1 (NFPA 13)
TABULAR ALLOWABLE AREA: 36,000SF
3,805 S.F. < 36,000 S.F. THUS OK
'B' OCCUPANCY
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PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A0.06
CODE ANALYSIS
-AREA & EXITING
PLANS BUILDING
B & CLUB-HOUSE
1/16" = 1'-0"4BLDG B -LEVEL 01
1/16" = 1'-0"2BLDG B -LEVEL 021/16" = 1'-0"3BLDG B -LEVEL 03
AREA SUMMARY
1/8" = 1'-0"1CLUBHOUSE -LEVEL 01 AREA PLAN
AREA SUMMARY
214
2206 SF
'U' OCCUPANCY
2589 SF
'U' OCCUPANCY
5733 SF
RESIDENTIAL
10898 SF
RESIDENTIAL
10780 SF
RESIDENTIAL
10787 SF
RESIDENTIAL
BUILDING C ACTUAL BUILDING AREA:
R-2 OCCUPANCY:U OCCUPANCY:
FIRST LEVEL:5,733 S.F.4,795 S.F.
SECOND LEVEL:10,898 S.F.
THIRD LEVEL:10,898 S.F.
FOURTH LEVEL:10,898 S.F.
TOTAL:38,427 S.F.+4,795 S.F.= 43,222 S.F.
BUILDING A ALLOWABLE AREA (CBC SECTION 506. TABLE 506.2):
CONSTRUCTION TYPE: V-A
FIRE SPRINKLERS: 903.3.1.1 (NFPA 13)
TABULAR ALLOWABLE AREA: 36,000SF
MIXED OCCUPANCY BUILDING OVER 3 STORIES
SUM OF THE RATIOS SHALL NOT EXCEED 2 (ACTUAL AREA / ALLOWABLE AREA)
R-2 OCCUPANCY:U OCCUPANCY:
FIRST LEVEL:0.1614 0.1443
SECOND LEVEL:0.3054
THIRD LEVEL:0.3006
FOURTH LEVEL:0.2769
TOTAL:1.0443 +0.1443 =1.1886 < 2 THUS OK
BUILDING C UNIT SUMMARY AND MIX
UNIT MIX:
PLAN TYPE
SQUARE FOOTAGE
COVERED PARKING:
Everage
Gross Sq. Ft.
Total
Units
Total
Unit %SF
2 BED/1-BATH -A
3 BED/2-BATH -A
3 BED/2-BATH -B
813.0 SF
955.0 SF
1,129.0 SF
6 17.6%4,878
7 20.6%6,986
4 11.8%4,760
TYPICAL COVERED PARKING SPACE 16
COMPACT COVERED PARKING SPACE 0
34 100%29,160
TOTAL
ACCESSIBLE COVERED PARKING SPACE 2
TOTAL COVERED PARKING SPACES : 18
1 BED/1-BATH -A 495.0 SF 4 11.8%1,980
2 BED/1-BATH -B 812.0 SF 13 32.2%10,556
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issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A0.07
CODE ANALYSIS
-AREA PLAN
BUILDING C
1/16" = 1'-0"1BLDG C -LEVEL 01
1/16" = 1'-0"2BLDG C -LEVEL 02
1/16" = 1'-0"3BLDG C -LEVEL 03
1/16" = 1'-0"4BLDG C -LEVEL 04 AREA SUMMARY
215
2275 SF
'U' OCCUPANCY
3063 SF
'U' OCCUPANCY
6420 SF
RESIDENTIAL
11961 SF
RESIDENTIAL
11961 SF
RESIDENTIAL
11961 SF
RESIDENTIAL BUILDING D ACTUAL BUILDING AREA:
R-2 OCCUPANCY:U OCCUPANCY:
FIRST LEVEL: 6,420 S.F.5,338 S.F.
SECOND LEVEL:11,961 S.F.
THIRD LEVEL:11,961 S.F.
FOURTH LEVEL:11,961 S.F.
TOTAL:42,303 S.F.+5,338 S.F.= 47,641 S.F.
BUILDING A ALLOWABLE AREA (CBC SECTION 506. TABLE 506.2):
CONSTRUCTION TYPE: V-A
FIRE SPRINKLERS: 903.3.1.1 (NFPA 13)
TABULAR ALLOWABLE AREA: 36,000SF
MIXED OCCUPANCY BUILDING OVER 3 STORIES
SUM OF THE RATIOS SHALL NOT EXCEED 2 (ACTUAL AREA / ALLOWABLE AREA)
R-2 OCCUPANCY:U OCCUPANCY:
FIRST LEVEL:0.1557 0.1799
SECOND LEVEL:0.3375
THIRD LEVEL:0.3254
FOURTH LEVEL:0.3254
TOTAL:1.144 +0.1799 =1.3239 < 2 THUS OK
BUILDING D UNIT SUMMARY AND MIX
UNIT MIX:
PLAN TYPE
SQUARE FOOTAGE
COVERED PARKING:
Everage
Gross Sq. Ft.
Total
Units
Total
Unit %SF
4 BED/2-BATH -B 1,158.0 SF 4 9.8% 4,632
TYPICAL COVERED PARKING SPACE 19
COMPACT COVERED PARKING SPACE 2
41 100%32,397
TOTAL
ACCESSIBLE COVERED PARKING SPACE 1
TOTAL COVERED PARKING SPACES : 22
1 BED/1-BATH -A 495.0 SF 17 41.5% 8,415
2 BED/1-BATH -A 813.0 SF 3 7.3% 2,439
3 BED/2-BATH -E 1,035.0 SF 4 9.8%16,235
3 BED/2-BATH -A 998.0 SF 10 24.4%9,980
2 BED/1-BATH -G 781.0 SF 3 7.3% 2,439
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PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A0.09
CODE ANALYSIS
-AREA PLAN
BUILDING D
1/16" = 1'-0"1BLDG D -LEVEL 01
1/16" = 1'-0"2BLDG D -LEVEL 02
1/16" = 1'-0"3BLDG D -LEVEL 03
1/16" = 1'-0"4BLDG D -LEVEL 04 AREA SUMMARY
216
COOK STREET
FR
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12 12
11
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6
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26
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P:29
P:29
P:18
P:23
COURTYARD 1
AMENITY POOL
COURTYARD 3
LANDSCAPED AREA
COURTYARD 4
TERRACE
MAIN
ENTRY
COOK ST.
ENTRY
WEST
ENTRY
E.V.
ACCESS
A A
B
C
C
D
D
E
F
G
G
I
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56' - 8"
12' - 0"
24' - 0"
25' - 0"
COURTYARD 2
PLAYGROUND
I
OPEN SPACE CALCULATION
SPACE
COURTYARD 1 -AMENITY POOL 2,167 SF
COURTYARD 2 -PLAYGROUND 4,440 SF
COOK STREET SETBACK LANDSCAPED AREA 13,316 SF
FRANK SINATRA BLVD. LANDSCAPE AREA 6,343 SF
FRANK SINATRA BLVD. MAIN ENTRY (2,405 SF ON SETBACK) 6,943 SF
COOK STREET ENTRY 759.0 SF
WEST ENTRY LANDSCAPE AREA 889 SF
COURTYARD 3 -LANDSCAPE AREA 5,194 SF
COURTYARD 4 -TERRACE 6,925 SF
WEST SETBACK LANDSCAPE AREA 1,768 SF
CORNER SETBACK LANDSCAPE AREA 7,036 SF
LANDSCAPE AREA AT CIRCLE 2,236 SF
A
B
C
D
E
G
H
I OTHER PARKWAY AND BUILDING LANDSCAPE 18,807 SF
OPEN SPACE AREA WITH SLOPE GREATER THAN 13.5%: 12,300 S.F. (SEE SHEET A0.13 FOR MORE INFORMATION)
RATIO OF THIS AREA TO TOTAL OPEN AREA: 12,300 S.F. / 69,205 S.F. = 17.8%*
*50% MAXIMUM PER SECTION 25.10.050(B)(8)(c)
PERCENTAGE BASED ON NET LOT AREA (328,947 SF) : 69,205 SF/328,947 SF = 21.04%**
** 20% MINIMUM PER SECTION 25.10.050(B)(8)(b)
F
OPEN AREA
PER PALM DESERT MUNICIPAL CODE SECTION 25.10.050(B)(8), MINIMUM COMMON OPEN SPACE, WE'VE PROVIDED
THE BREAKDOWN AND CALCULATIONS AS FOLLOW:
GRAND TOTAL 69,205 S.F.
1" = 30'-0"1OPEN SPACE AREA EXHIBIT
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A0.12
OPEN SPACE
AREA EXHIBIT P1
217
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A0.13
OPEN SPACE
AREA EXHIBIT P2
218
MAIN
ENTRY
BUILDING A
BUILDING A
(reverse)
BUILDING D
BUILDING B
BUILDING A BUILDING A
(reverse)
BUILDING C
BUILDING E
AMENITY
CLUBHOUSE
SEE SHEETS: A1.05-A1.11
SEE SHEETS: A1.05-A1.11
SEE SHEETS: A1.05-A1.11
SEE SHEETS: A1.05-A1.11
SEE SHEETS: A1.17-A1.23
SEE SHEETS: A1.31
SEE SHEETS: A1.24-A1.30
SEE SHEETS: A1.12-A1.16
34' - 2"
34' - 3"
24' - 0"
MIN. SETBACK
20' - 0"
MIN.
SETB
A
C
K
20' - 0"
MIN. SETBACK
32' - 0"MIN. SETBACK
32' - 0"
MIN. SETBACK
32' - 0"
MIN. SETBACK
32' - 0"
38' - 5"
24' - 0"
24' - 0"
24' - 0"
24' - 0"
24' - 0"
COOK ST.
ENTRY
WEST
ENTRY
E.V.
ACCESS
COURTYARD 1
AMENITY POOL
COURTYARD 2
PLAYGROUND
COURTYARD 3
LANDSCAPED AREA
COURTYARD 4
TERRACE
MIN.R 19' - 0"
MINR 19' - 0"
MIN.
R 19' - 0"
MIN.
R 19' - 0"
MIN.12' - 0"MIN.
R 19' - 0"
SETBA
C
K20' - 0"
MIN.
R 19' - 0"MIN.
R 19' - 0"
26' - 0"
TRASH #2
TRASH # 3
TRASH # 4
TRASH # 2
37' - 6"
20FT SETBACK
LINE
MIN. SETBACK
32' - 0"
32' - 6"
37' - 7"
28' - 6"
26' - 9"
MIN. SETBACK
20' - 0"
32' - 0"
37' - 4"
34' - 7"
20FT
S
E
T
B
ACK
L
I
N
E
20FT SE
T
B
ACK
L
I
N
E
32 FT SETBACK LINE32 FT SETBACK LINE
32 FT SETBACK LINE
32 FT SETBACK LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
13' - 3"
3' - 0"
3' - 7"
STREET CENTER INE
STREET CENTER LINE
4' - 0"
24' - 10"
26' - 10"
SITE PLAN LEGEND
ACCESSIBLE PATH OF TRAVEL
FROM BUILDING TO TRASH ENCLOSURE
CLUBHOUSE 3,805.0 SF
AMENITIES:
RESIDENT SERVICES (BUILDING B) 3,882.0 SF
PARKING SUMMARY:
BUILDING C
BUILDING D
BUILDING A (Frank Sinatra Dr)291146
TANDEM COM-
PACTTYPICAL
ACCE-
SSIBLE TOTAL
6
COMPACTTYPICAL
181600
BUILDING A reverse (Frank Sinatra Dr)2911466
BUILDING A (Cook Street)291466
BUILDING A reverse (Cook Street)291466
COVERED PARKING:
241900
156912424
TYPICAL VAN ACCESSIBLE TOTAL
OFF-STREET PARKING:2547249
TOTAL ON SITE PARKING: 412
1
1
2
1
7
2
2
2
2
0
2
10
UNIT COUNT BY BUILDING TYPE
BUILDING A 497
4TH
LEVEL
3RD
LEVEL TOTAL
14
2ND
LEVEL
1ST
LEVEL
BUILDING B 27511
BUILDING C 34410
BUILDING D 41512
-
10
12
# OF BLDG
ON SITE
196
TOTAL
27
34
41
14 14
11
10
12
TOTAL -21 47 36 29847
4
1
1
1
7
A1.00
5
A1.006A1.00 4
A1.00
3
TRASH BINS, TYP.
CMU WALLS W/ TEXTURED
PLASTER FINISH AT
EXTERIOR SIDES
21' - 0"
13
'
-
4
"
RA
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P
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P
P
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C
H
7'
-
2
"
METAL GATE
8' - 0"
EQEQ
PAIR OF 48" METAL GATES
7'
-
0
"
7'
-
0
"
7'
-
0
"
7'
-
0
"
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.00
SITE -PLAN
1/8" = 1'-0"2TYPICAL TRASH ENCLOSURE PLAN1/4" = 1'-0"3FRONT ELEVATION1/4" = 1'-0"4SIDE ELEVATION 11/4" = 1'-0"5REAR ELEVATION1/4" = 1'-0"6SIDE ELEVATION 2
TRASH ENCLOSURE
DESIGN TO BE COMPLY
WITH PDMC CHAPTER 8.12
N
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COOK STREET
FR
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.01
SITE -ROOF
PLAN
1" = 30'-0"1SITE PLAN 1-30 Roof Plan
N
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.02
SITE -
ELEVATIONS
1/16" = 1'-0"1ELEVATION -FRANK SINATRA BLVD.
1/16" = 1'-0"2ELEVATION COOK ST.
1/16" = 1'-0"3ELEVATION COOK ST. Copy 1
221
COOK STREET
BUILDING B
BUILDING A BUILDING A
(REVERSE)
DRIVEWAY
DRIVEWAY
FRANK
SINATRA DR COOK STREET
ENTRY
E.V. ACCESS
2:1 MAX
BUILDING B BUILDING A BUILDING A
(REVERSE)
BUILDING C
1
A1.03
2
A1.03
COOK STREET
FR
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.03
SITE -SECTION
1 : 300 1OVERAL SITE ESECTION -FRANK SINATRA BLVD.
1 : 300 2OVERAL SITE SECTION -COOK STREET
1" = 80'-0"3KEP MAP
222
ED DE
DE
DE
DE
ED DE
DE
DE
DE
DE
DE
DE
EDDE
COOK STREET
FR
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.04
LINE OF SIGHT
EXHIBIT
13D VIEW -WEST ENTRANCE
43D VIEW -FRANK SINATRA
23D VIEW -FRANK SINATRA & COOK STREET
33D VIEW -COOK STREET
53D VIEW -COOK STREET NORTH KEY PLAN
223
BC D E
FG
H
I
J
K L
A1.10
1
A1.10
3
4
2
J
A1.11 1
A1.11
2
3-BED
1047 SF
2-BED
768 SF
STAIR
LAUNDRY
UTILITY
PARKING
4-BED
1238 SF
2-BED
461 SF PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
(+254')
STAIR
PARKING
BUILDING ABOVE
PARKING PARKING PARKING PARKING PARKING PARKING PARKING
PARKING
PARKING
TANDEM
PARKING
TANDEM
PARKING
TANDEM
PARKING
TANDEM
PARKING
TANDEM
PARKING
TANDEM
PARKING
MECH.
MECH.
STOR.
STUDIO
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.05
FLOOR PLAN -
LEVEL 01
BUILDING A
1/8" = 1'-0"1BUILDING A -LEVEL 01
A1.11 1
A1.11
2
A1.10
1
A1.102A1.10
4
3
2 BED -B
3 BED -C
4 BED -A 1 BED -A
LAUNDRY
UTILITY
MECH.
STAIR
STAIR
STOR.
TANDEM
PARKING
PARKING
PARKING
ELEV.
LOBBY
MECH.
BUILDING ABOVE
ELEV.
RM.
STUDIO
TANDEM
PARKING
TANDEM
PARKING
TANDEM
PARKING
TANDEM
PARKING
TANDEM
PARKING
PARKING PARKING PARKING PARKING PARKING PARKING PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
64
'
-
9
"
0
'
-
9
"
2
6
'
-
3
1
/
2
"
5
1
'
-
2
1
/
2
"
1 BED -B
1 BED -B
14
2
'
-
1
1
1
/
2
"
91' - 2 1/2"
91' - 1 1/2"
4' - 3" 47' - 9" 34' - 2" 36' - 5 1/2"
122' - 7 1/2"
11
'
-
5
"
17
'
-
5
"
14
'
-
1
0
"
23
'
-
1
0
"
32
'
-
1
1
1
/
2
"
26
'
-
1
1
1
/
2
"
15
'
-
7
1
/
2
"
14
3
'
-
1
"
2'
-
0
"
2' - 6" 53' - 1"33' - 5" 33' - 9"
122' - 9"
2'
-
0
"
1/8" = 1'-0"1LEVEL 01
224
E
D
BC D E
FG
H
I
J
K L
A1.10
1
A1.10
3
4
2
J
A1.11 1
A1.11
2
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stamp approval
# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
CO
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.06
FLOOR PLAN -
LEVEL 02
BUILDING A
1/8" = 1'-0"1BLDG A -LEVEL 02
E
D
A1.11 1
A1.11
2
A1.10
1
A1.102A1.10
4
3
2 BED -A 1 BED -A 2 BED -A
3 BED -A2 BED -B3 BED -C
4 BED -A 1 BED -A
2 BED -C
STAIR
STAIR
ELEV.
53
'
-
4
1
/
2
"
32
'
-
0
"
4'
-
2
"
53
'
-
4
1
/
2
"
3 BED -B
STORAGE
UTILITY
1 BED -B
1 BED -B
1 BED -C
2 BED -E
14
2
'
-
1
1
1
/
2
"
32' - 5" 23' - 10" 35' - 1"
21' - 6"69' - 9 1/2"
4' - 3" 47' - 9" 34' - 2" 36' - 5 1/2"
122' - 7 1/2"
11
'
-
5
"
17
'
-
5
"
14
'
-
1
0
"
23
'
-
1
0
"
32
'
-
1
1
1
/
2
"
26
'
-
1
1
1
/
2
"
15
'
-
7
1
/
2
"
14
3
'
-
1
"
2'
-
0
"
2' - 6" 53' - 1"33' - 5" 33' - 9"
122' - 9"
91' - 4"
91' - 3 1/2"
6' - 4" 34' - 10"
19' - 4" 11' - 1 1/2"
4'
-
1
0
"
16
'
-
8
1
/
2
"
2
0
'
-
1
1
/
2
"
2'
-
0
"
2'
-
0
"
1/8" = 1'-0"1LEVEL 02
225
BC D E
FG
H
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K L
A1.10
1
A1.10
3
4
2
J
A1.11 1
A1.11
2
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.07
FLOOR PLAN -
LEVEL 03
BUILDING A
1/8" = 1'-0"1BLDG A -LEVEL 03
A1.11 1
A1.11
2
A1.10
1
A1.102A1.10
4
3
2 BED -A 1 BED -A 2 BED -A
3 BED -A2 BED -B
3 BED -C
4 BED -A
1 BED -A
2 BED -C
STAIR
STAIR
ELEV.
1 BED -B
1 BED -B
1 BED -C
STORAGE
UTILITY
2 BED -E
53
'
-
4
1
/
2
"
32
'
-
0
"
4'
-
2
"
53
'
-
4
1
/
2
"
14
2
'
-
1
1
1
/
2
"
32' - 5 1/2" 23' - 10" 35' - 1"
4' - 3" 47' - 3 1/2" 35' - 6" 35' - 7"
122' - 7 1/2"
11
'
-
8
"
17
'
-
2
1
/
2
"
14
'
-
1
0
"
23
'
-
1
0
"
32
'
-
1
1
1
/
2
"
26
'
-
1
1
1
/
2
"
15
'
-
7
1
/
2
"
14
3
'
-
1
"
2'
-
0
"
2' - 6" 52' - 10 1/2"33' - 8" 33' - 9"
122' - 9"
91' - 4 1/2"
91' - 3 1/2"
6' - 10 1/2" 34' - 10"
19' - 4" 11' - 1 1/2"
4'
-
1
0
"
2'
-
0
"
2'
-
0
"
21' - 6 1/2"69' - 9 1/2"
3 BED -B
16
'
-
8
1
/
2
"
2
0
'
-
1
1
/
2
"
4" / 12"
ROOF
SLOPE
1/8" = 1'-0"1LEVEL 03
226
BC D E
FG
H
I
J
K L
A1.10
1
A1.10
3
4
2
J
A1.11 1
A1.11
2
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stamp approval
# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.08
FLOOR PLAN -
LEVEL 04
BUILDING A
1/8" = 1'-0"1BLDG A -LEVEL 04
A1.11 1
A1.11
2
A1.10
1
A1.102A1.10
4
3
2 BED -A 1 BED -A 2 BED -A
2 BED -B
1 BED -A
2 BED -CSTAIR
STAIR
ELEV.
2 BED -D
STORAGE
UTILITY
3 BED -D
3 BED -B
1 BED -B
1 BED -B
1 BED -C
2 BED -E
2-BED -F
23
'
-
6
"
29
'
-
1
1
"
32
'
-
0
"
4'
-
2
"
53
'
-
4
1
/
2
"
14
2
'
-
1
1
1
/
2
"
32' - 5 1/2" 23' - 10" 35' - 1"
15' - 0" 36' - 6 1/2" 35' - 6" 35' - 7"
122' - 7 1/2"
11
'
-
8
"
17
'
-
2
1
/
2
"
14
'
-
1
0
"
23
'
-
1
0
"
32
'
-
1
1
1
/
2
"
26
'
-
1
1
1
/
2
"
15
'
-
7
1
/
2
"
14
3
'
-
1
"
2'
-
0
"
16' - 9 1/2" 38' - 7" 33' - 8" 22' - 11 1/2" 10' - 9 1/2"
122' - 9"
91' - 4 1/2"
91' - 4"
34' - 10"
19' - 4" 11' - 1 1/2"
4'
-
1
0
"
2'
-
0
"
2'
-
0
"
21' - 6 1/2"69' - 9 1/2"
16
'
-
8
1
/
2
"
2
0
'
-
1
1
/
2
"
1/8" = 1'-0"1LEVEL 04
227
E
D
DE
DE
BC D E
FG
H
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J
K L
A1.10
1
A1.10
3
4
2
J
A1.11 1
A1.11
2
1/8" = 1'-0"1BLDG A -ROOF PLAN
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.09
ROOF PLAN -
BUILDING A
228
BLDG A -LEVEL 02
10' -0"
BLDG A -LEVEL 03
20' -0"
BLDG A -LEVEL 04
30' -0"
PP-3 PP-2MTL-1 SP-1
BLDG A LEVEL 01
0' -0"
BLDG A -T/PLATE
39' -1"
9'
-
1
"
1
0
'
-
0
"
1
0
'
-
0
"
1
0
'
-
0
"
39
'
-
1
"
MTL-2
TO
P
O
F
R
O
O
F
51
'
-
1
"
BLDG A -LEVEL 02
10' -0"
BLDG A -LEVEL 03
20' -0"
BLDG A -LEVEL 04
30' -0"
BLDG A LEVEL 01
0' -0"
BLDG A -T/PLATE
39' -1"
TO
P
O
F
R
O
O
F
51
'
-
1
"
PP-4PP-5 PP-6 PP-8
BLDG A -LEVEL 02
10' -0"
BLDG A -LEVEL 03
20' -0"
BLDG A -LEVEL 04
30' -0"
GL-1PP-1 GL-2
BLDG A LEVEL 01
0' -0"
BLDG A -T/PLATE
39' -1"
TO
P
O
F
R
O
O
F
50
'
-
6
"
BLDG A -LEVEL 02
10' -0"
BLDG A -LEVEL 03
20' -0"
BLDG A -LEVEL 04
30' -0"
BLDG A LEVEL 01
0' -0"
BLDG A -T/PLATE
39' -1"
LF-1 BF-1
PAINTED PLASTER
SW 7551
GREEK VILLA
PAINTED PLASTER
SW 9542
NATURAL WHITE
TEXTURED PLASTER
PAINTED TO MATCH
PP - 2
PP -2PP -1 SP -1
MATERIAL REFERENCES
VENEER STONE
CORONADO STONE
URBANA SMOOTH -
COUNTRY BEIGE
VS -1PAINTED PLASTER
SW 7673
PEWTER CAST
PP -3 METAL RAILING /
METAL AWNING
DARK BRONZE
MTL -1
MATERIAL LEGEND
PP -1 PAINTED PLASTER -SW 9542 NATURAL WHITE
PP -2 PAINTED PLASTER -SW 7551 GREEK VILLA
PP -3 PAINTED PLASTER -SW 7673 PEWTER CAST
PP -4 PLASTER FINISHED FOAM TRIM , PROFILE # 1
PAINTED COLOR TO MATCH PP -1
PP -5 PLASTER FINISHED FOAM TRIM , PROFILE # 2
PAINTED COLOR TO MATCH PP -2
PP -6 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -1
PP -7 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -2
PP -8 PLASTER FINISHED JULIETTE BALCONY FLOOR EXTRUSION
PAINTED COLOR TO MATCH PP -3
SP -1 TEXTURED PLASTER
PAINTED COLOR TO MATCH PP -2
VS -1 VENEER STONE -CORONADO STONE
URBANA SMOOTH -COUNTRY BEIGE
MTL -1 METAL RAILING -DARK BRONZE
MTL -2 METAL AWNING -DARK BRONZE
GL -1 GLAZING
GL -2 VINYL
LF -1 WALL LIGHTING FIXTURE, SEE ELECTRICAL PLAN
BF -1 JULIETTE BALCONY
WOOD FRAME, PAINTED COLOR -SW 7745 MUDDLED BASIL
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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1
PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.10
ELEVATIONS -
BUILDING A
1/8" = 1'-0"1ELEVATION -SOUTH BLDG A
1/8" = 1'-0"2ELEVATION -EAST BLDG A MOTORCOURT
1/8" = 1'-0"3ELEVATION -SOUTH BLDG A MOTORCOURT
1/8" = 1'-0"4ELEVATION -NORTH BLDG A MOTORCOURT
229
BLDG A -LEVEL 02
10' -0"
BLDG A -LEVEL 03
20' -0"
BLDG A -LEVEL 04
30' -0"
4'
-
5
"
9
'
-
1
"
1
0
'
-
0
"
1
0
'
-
0
"
1
0
'
-
0
"
PP-3 SP-1PP-1 PP-2
BLDG A LEVEL 01
0' -0"
BLDG A -T/PLATE
39' -1"
43
'
-
6
"
BF-1PP-8PP-4 MTL-2
TO
P
O
F
R
O
O
F
48
'
-
5
"
BLDG A -LEVEL 02
10' -0"
BLDG A -LEVEL 03
20' -0"
BLDG A -LEVEL 04
30' -0"
MTL-1 GL-2GL-1
BLDG A LEVEL 01
0' -0"
BLDG A -T/PLATE
39' -1"
PP-6PP-5LF-1
TO
P
O
F
R
O
O
F
52
'
-
7
"
PAINTED PLASTER
SW 7551
GREEK VILLA
PAINTED PLASTER
SW 9542
NATURAL WHITE
TEXTURED PLASTER
PAINTED TO MATCH
PP - 2
PP -2PP -1 SP -1
MATERIAL REFERENCES
VENEER STONE
CORONADO STONE
URBANA SMOOTH -
COUNTRY BEIGE
VS -1PAINTED PLASTER
SW 7673
PEWTER CAST
PP -3 METAL RAILING /
METAL AWNING
DARK BRONZE
MTL -1
MATERIAL LEGEND
PP -1 PAINTED PLASTER -SW 9542 NATURAL WHITE
PP -2 PAINTED PLASTER -SW 7551 GREEK VILLA
PP -3 PAINTED PLASTER -SW 7673 PEWTER CAST
PP -4 PLASTER FINISHED FOAM TRIM , PROFILE # 1
PAINTED COLOR TO MATCH PP -1
PP -5 PLASTER FINISHED FOAM TRIM , PROFILE # 2
PAINTED COLOR TO MATCH PP -2
PP -6 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -1
PP -7 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -2
PP -8 PLASTER FINISHED JULIETTE BALCONY FLOOR EXTRUSION
PAINTED COLOR TO MATCH PP -3
SP -1 TEXTURED PLASTER
PAINTED COLOR TO MATCH PP -2
VS -1 VENEER STONE -CORONADO STONE
URBANA SMOOTH -COUNTRY BEIGE
MTL -1 METAL RAILING -DARK BRONZE
MTL -2 METAL AWNING -DARK BRONZE
GL -1 GLAZING
GL -2 VINYL
LF -1 WALL LIGHTING FIXTURE, SEE ELECTRICAL PLAN
BF -1 JULIETTE BALCONY
WOOD FRAME, PAINTED COLOR -SW 7745 MUDDLED BASIL
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stamp approval
# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.11
ELEVATIONS -
BUILDING A
1/8" = 1'-0"1ELEVATION -WEST BLDG A MAIN ENTRY
1/8" = 1'-0"2ELEVATION -NORTH BLDG A
230
A1.16
A1.16
1
3
A1.16
6
A1.16
5
UTILITY
OFFICE 2
OFFICE 1
OFFICE 3
BREAK RM.
CONFERENCE
ROOM
STORAGE
MAILROOM STOR.
RESTROOM
COMMUNITY
ROOM
A1.16
4
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
CO
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.12
FLOOR PLAN -
LEVEL 01
BUILDING B
1/8" = 1'-0"1BLDG B -LEVEL 01
A1.161
A1.16 3
A1.16
2
UTL.
OFFICE 1OFFICE 3
BREAK RM.OFFICE 2
UTILITY ROOM
PARCEL
MAIL ROOM
STORAGE
CONFERENCE
ROOM
COMMUNITY ROOM
BREEZEWAY
8' - 4 1/2"
77' - 8"
STAIR
STAIR
A1.16
4
STOR.
UNISEX
RESTROOM
A1.16
6
A1.16
5
ELEV.
KEYNOTES / LEGENDS
1. Material color do not reflect the exact
material and are for reference only.
2. See Sheet A2.01 for Material Legend.
1/8" = 1'-0"1LEVEL 01
231
A1.16
A1.16
1
3
A1.16
6
A1.16
5
A1.16
4
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.13
FLOOR PLAN -
LEVEL 02
BUILDING B
A1.161
A1.16 3
A1.16
2
w
W
D
D14' - 2 1/2"
STAIR
STAIR
1 BED -D
1 BED -D
1 BED -D
1 BED -D
1 BED -E
A1.16
4
A1.16
6
A1.16
5
1 BED -F
12' - 5"
11' - 0"
31' - 9"
42' - 9 1/2"
10' - 7 1/2"
24' - 7"
1' - 1"
0' - 7"
1/8" = 1'-0"1LEVEL 02
232
A1.16
A1.16
1
3
A1.16
6
A1.16
5
A1.16
4
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.14
FLOOR PLAN -
LEVEL 03
BUILDING B
1/8" = 1'-0"1BLDG B -LEVEL 03
A1.161
A1.16 3
A1.16
2
w W D D
STAIR
STAIR
1 BED -D
1 BED -D
1 BED -D
1 BED -D
1 BED -E
A1.16
4
A1.16
5
1 BED -F
14' - 2 1/2"
12' - 5"
1' - 6"
10' - 9"
31' - 9"
42' - 9 1/2"
10' - 7 1/2"
1' - 6"
97' - 5 1/2"
24' - 7"
1' - 1"
0' - 7"
1/8" = 1'-0"1LEVEL 03
233
A1.16
A1.16
1
3
A1.16
6
A1.16
5
A1.16
4
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.15
ROOF PLAN -
BUILDING B
1/8" = 1'-0"1BLDG B -ROOF PLAN
A1.161
A1.16 3
A1.16
2
A1.16
4
A1.16
6
A1.16
5
ROOF SLOPE
4:12 (TYP.)
4:12 (TYP.)
ROOF SLOPE
ROOF SLOP
E
ROOF SLOPE: 1/4:12
TYPICAL
ROOF SLOPE: 1/4:12
TYPICAL
1/8" = 1'-0"1BLDG B -ROOF PLAN
234
BLDG B -LEVEL 01
-3' -6"
BLDG B LEVEL 02
10' -6"
BLDG B LEVEL 03
20' -6"
BLDG B T/PLATE
29' -7"
9'
-
1
"
1
0
'
-
0
"
1
4
'
-
0
"
TO
P
O
F
R
O
O
F
46
'
-
9
"
BLDG B -LEVEL 01
-3' -6"
MTL-1GL-1GL-2
BLDG B LEVEL 02
10' -6"
BLDG B LEVEL 03
20' -6"
BLDG B T/PLATE
29' -7"
TO
P
O
F
R
O
O
F
46
'
-
9
"
BF-1 PP-8
BLDG B -LEVEL 01
-3' -6"
PP-1PP-2 VS-1
BLDG B LEVEL 02
10' -6"
BLDG B LEVEL 03
20' -6"
BLDG B T/PLATE
29' -7"
TO
P
O
F
R
O
O
F
46
'
-
1
0
"
PP-7LF-1 PP-4
BLDG B -LEVEL 01
-3' -6"
BLDG B LEVEL 02
10' -6"
BLDG B LEVEL 03
20' -6"
BLDG B T/PLATE
29' -7"
INT WALL
10' -0"
BLDG B -LEVEL 01
-3' -6"
BLDG B LEVEL 02
10' -6"
BLDG B LEVEL 03
20' -6"
BLDG B T/PLATE
29' -7"
TO
P
O
F
R
O
O
F
47
'
-
1
1
"
INT WALL
10' -0"
PAINTED PLASTER
SW 7551
GREEK VILLA
PAINTED PLASTER
SW 9542
NATURAL WHITE
TEXTURED PLASTER
PAINTED TO MATCH
PP - 2
PP -2PP -1 SP -1
MATERIAL REFERENCES
VENEER STONE
CORONADO STONE
URBANA SMOOTH -
COUNTRY BEIGE
VS -1PAINTED PLASTER
SW 7673
PEWTER CAST
PP -3 METAL RAILING /
METAL AWNING
DARK BRONZE
MTL -1
MATERIAL LEGEND
PP -1 PAINTED PLASTER -SW 9542 NATURAL WHITE
PP -2 PAINTED PLASTER -SW 7551 GREEK VILLA
PP -3 PAINTED PLASTER -SW 7673 PEWTER CAST
PP -4 PLASTER FINISHED FOAM TRIM , PROFILE # 1
PAINTED COLOR TO MATCH PP -1
PP -5 PLASTER FINISHED FOAM TRIM , PROFILE # 2
PAINTED COLOR TO MATCH PP -2
PP -6 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -1
PP -7 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -2
PP -8 PLASTER FINISHED JULIETTE BALCONY FLOOR EXTRUSION
PAINTED COLOR TO MATCH PP -3
SP -1 TEXTURED PLASTER
PAINTED COLOR TO MATCH PP -2
VS -1 VENEER STONE -CORONADO STONE
URBANA SMOOTH -COUNTRY BEIGE
MTL -1 METAL RAILING -DARK BRONZE
MTL -2 METAL AWNING -DARK BRONZE
GL -1 GLAZING
GL -2 VINYL
LF -1 WALL LIGHTING FIXTURE, SEE ELECTRICAL PLAN
BF -1 JULIETTE BALCONY
WOOD FRAME, PAINTED COLOR -SW 7745 MUDDLED BASIL
BLDG A -LEVEL 01 (0,0 @
+253.5')
0' -0"
BLDG B -LEVEL 02
10' -6"
BLDG B -LEVEL 03
20' -6"
BLDG B -LEVEL 04
30' -6"
T/PARAPET
34' -0"
T/TWR
38' -6"
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.16
ELEVATIONS -
BUILDGING B
1/8" = 1'-0"1EAST ELEVATION BLDG B
1/8" = 1'-0"2SOUTH ELEVATION BLDG B
1/8" = 1'-0"3WEST ELEVATION BLDG B
1/8" = 1'-0"5REAR ENTRY BLDG B
1/8" = 1'-0"6MAIN ENTRY BLDG B
1/8" = 1'-0"4NORTH ELEVATION BLDG B
235
A1.232
A1.23
1
1/8" = 1'-0"1BLDG C -LEVEL 01
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.17
FLOOR PLAN -
LEVEL 01
BUILDING C
A1.23 2
A1.23
1
A1.22
1
A1.222
3 BED -C
2 BED -B 1 BED -A
PARKING
PARKING
PARKING
PARKING
ST
O
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A
G
E
PARKINGPARKING
LOBBY
ELEV.
PARKING
STAIR
STAIR
ELEV.
RM.
BUILDING ABOVE
23
'
-
1
0
1
/
2
"
3
3
'
-
2
"
3
3
'
-
1
1
1
/
2
"
2
0
'
-
1
1
"
1
4
'
-
1
0
"
1
7
'
-
5
"
1
1
'
-
5
"
2' - 5" 53' - 2 1/2"32' - 11" 34' - 1"
3 BED -A
UTILITY
ST
O
R
A
G
E
15
5
'
-
7
"
122' - 7 1/2"
PARKING
PARKING
PARKING
PARKING
PARKING
PARKING PARKING PARKING PARKING PARKING
UTILITY
24' - 2 1/2" 27' - 5"
51' - 7 1/2"
7'
-
9
1
/
2
"
7
2
'
-
1
"
24
'
-
5
1
/
2
"
5
1
'
-
3
"
2'
-
0
"
91' - 4"
21' - 6"
BU
I
L
D
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N
G
A
B
O
V
E
PARKING
1/8" = 1'-0"1LEVEL 01
236
E
D
E
D
A1.232
A1.23
1
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.18
FLOOR PLAN -
LEVEL 02
BUILDING C
E
D
E
D
A1.23 2
A1.23
1
A1.22
1
A1.222
3 BED -C
2 BED -B 3 BED -A
2 BED -A 1 BED -A 2 BED -A
ELEV.
STAIR
STAIR
122' - 7 1/2"
24' - 1 1/2" 27' - 3 1/2" 2' - 0"
53
'
-
5
1
/
2
"
22
'
-
3
"
12
'
-
3
1
/
2
"
47
'
-
4
"
12
'
-
5
1
/
2
"
7'
-
9
1
/
2
"
3 BED -A
2 BED -B
53' - 5"
23
'
-
1
0
1
/
2
"
3
3
'
-
2
"
3
3
'
-
1
1
"
2
0
'
-
1
1
"
1
4
'
-
1
0
"
1
7
'
-
5
"
1
1
'
-
5
"
15
5
'
-
7
"
2' - 5" 53' - 1"33' - 2" 33' - 11 1/2"
21' - 6"
32' - 5" 23' - 10" 35' - 1"
91' - 4"
2 BED -B
2 BED -B
2'
-
0
"
1/8" = 1'-0"1LEVEL 02
237
A1.232
A1.23
1
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.19
FLOOR PLAN -
LEVEL 03
BUILDING C
1/8" = 1'-0"1BLDG C -LEVEL 03
A1.23 2
A1.23
1
A1.22
1
A1.222
3 BED -C
2 BED -B 3 BED -A
2 BED -A 1 BED -A 2 BED -A
ELEV.
STAIR
STAIR
3 BED -A
122' - 7 1/2"
24' - 1 1/2" 27' - 3 1/2" 2' - 0"
53
'
-
5
1
/
2
"
22
'
-
3
"
12
'
-
3
1
/
2
"
47
'
-
4
"
12
'
-
5
1
/
2
"
7'
-
9
1
/
2
"
53' - 5"
23
'
-
1
0
1
/
2
"
3
3
'
-
2
"
3
3
'
-
1
1
"
2
0
'
-
1
1
"
1
4
'
-
1
0
"
1
7
'
-
5
"
1
1
'
-
5
"
15
5
'
-
7
"
2' - 5" 53' - 1"33' - 2" 33' - 11 1/2"
21' - 8"
32' - 7" 23' - 10" 35' - 1"
91' - 6"
2 BED -B
2 BED -B
2 BED -B
2'
-
0
"
4" / 12"
ROOF
SLOPE
1/8" = 1'-0"1LEVEL 03
238
A1.232
A1.23
1
13
5
'
-
4
"
A1.00
4
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.20
FLOOR PLAN -
LEVEL 04
BUILDING C
1/8" = 1'-0"1BLDG C -LEVEL 04
A1.23 2
A1.23
1
A1.22
1
A1.222
3 BED -C
2 BED -B
2 BED -A 1 BED -A 2 BED -A
ELEV.
STAIR
STAIR
3 BED -A
3 BED -A
122' - 7 1/2"
24' - 1 1/2" 27' - 3 1/2" 2' - 0"
53
'
-
5
1
/
2
"
22
'
-
3
"
12
'
-
3
1
/
2
"
47
'
-
4
"
12
'
-
5
1
/
2
"
7'
-
9
1
/
2
"
53' - 5"
23
'
-
1
0
1
/
2
"
3
3
'
-
2
"
3
3
'
-
1
1
"
2
0
'
-
1
1
"
1
4
'
-
1
0
"
1
7
'
-
5
"
1
1
'
-
5
"
15
5
'
-
7
"
2' - 5" 53' - 1"33' - 2" 33' - 11 1/2"
21' - 8"
32' - 7" 23' - 10" 35' - 1"
91' - 6"
2 BED -B
2 BED -B
2 BED -B
2'
-
0
"
1/8" = 1'-0"1LEVEL 04
239
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.21
ROOF PLAN -
BUILDING C
DE
D
E
A1.23 2
A1.23
1
A1.22
1
A1.222
ROOF SLOPE: 1/4:12
TYPICAL
ROOF SLOPE: 1/4:12
TYPICAL
ROOF SLOPE
4" / 12" (TYP.)
4"
/
1
2
"
(
T
Y
P
.
)
4" / 12" (TYP.)
RO
O
F
S
L
O
P
E
ROOF SLOPE
1/8" = 1'-0"1ROOF PLAN
240
BLDG C -LEVEL 01
-33' -0"
BLDG C -LEVEL 02
-23' -0"
BLDG C -LEVEL 03
-13' -0"
BLDG C -LEVEL 04
-3' -0"
BLDG C -T/PLATE
6' -1"
MTL-1PP-3 GL-1GL-2
10
'
-
0
"
1
0
'
-
0
"
1
0
'
-
0
"
9
'
-
1
"
4
'
-
5
"
43
'
-
6
"
TO
P
O
F
R
O
O
F
51
'
-
0
"
PP-8LF-1
BLDG C -LEVEL 01
-33' -0"
BLDG C -LEVEL 02
-23' -0"
BLDG C -LEVEL 03
-13' -0"
BLDG C -LEVEL 04
-3' -0"
BLDG C -T/PLATE
6' -1"
TO
P
O
F
R
O
O
F
51
'
-
0
"
PAINTED PLASTER
SW 7551
GREEK VILLA
PAINTED PLASTER
SW 9542
NATURAL WHITE
TEXTURED PLASTER
PAINTED TO MATCH
PP - 2
PP -2PP -1 SP -1
MATERIAL REFERENCES
VENEER STONE
CORONADO STONE
URBANA SMOOTH -
COUNTRY BEIGE
VS -1PAINTED PLASTER
SW 7673
PEWTER CAST
PP -3 METAL RAILING /
METAL AWNING
DARK BRONZE
MTL -1
MATERIAL LEGEND
PP -1 PAINTED PLASTER -SW 9542 NATURAL WHITE
PP -2 PAINTED PLASTER -SW 7551 GREEK VILLA
PP -3 PAINTED PLASTER -SW 7673 PEWTER CAST
PP -4 PLASTER FINISHED FOAM TRIM , PROFILE # 1
PAINTED COLOR TO MATCH PP -1
PP -5 PLASTER FINISHED FOAM TRIM , PROFILE # 2
PAINTED COLOR TO MATCH PP -2
PP -6 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -1
PP -7 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -2
PP -8 PLASTER FINISHED JULIETTE BALCONY FLOOR EXTRUSION
PAINTED COLOR TO MATCH PP -3
SP -1 TEXTURED PLASTER
PAINTED COLOR TO MATCH PP -2
VS -1 VENEER STONE -CORONADO STONE
URBANA SMOOTH -COUNTRY BEIGE
MTL -1 METAL RAILING -DARK BRONZE
MTL -2 METAL AWNING -DARK BRONZE
GL -1 GLAZING
GL -2 VINYL
LF -1 WALL LIGHTING FIXTURE, SEE ELECTRICAL PLAN
BF -1 JULIETTE BALCONY
WOOD FRAME, PAINTED COLOR -SW 7745 MUDDLED BASIL
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.22
ELEVATIONS -
BUILDING C
1/8" = 1'-0"1NORTH ELEVATION BLDG C
1/8" = 1'-0"2WEST ELEVATION BLDG C
241
PAINTED PLASTER
SW 7551
GREEK VILLA
PAINTED PLASTER
SW 9542
NATURAL WHITE
TEXTURED PLASTER
PAINTED TO MATCH
PP - 2
PP -2PP -1 SP -1
MATERIAL REFERENCES
VENEER STONE
CORONADO STONE
URBANA SMOOTH -
COUNTRY BEIGE
VS -1PAINTED PLASTER
SW 7673
PEWTER CAST
PP -3 METAL RAILING /
METAL AWNING
DARK BRONZE
MTL -1
MATERIAL LEGEND
PP -1 PAINTED PLASTER -SW 9542 NATURAL WHITE
PP -2 PAINTED PLASTER -SW 7551 GREEK VILLA
PP -3 PAINTED PLASTER -SW 7673 PEWTER CAST
PP -4 PLASTER FINISHED FOAM TRIM , PROFILE # 1
PAINTED COLOR TO MATCH PP -1
PP -5 PLASTER FINISHED FOAM TRIM , PROFILE # 2
PAINTED COLOR TO MATCH PP -2
PP -6 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -1
PP -7 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -2
PP -8 PLASTER FINISHED JULIETTE BALCONY FLOOR EXTRUSION
PAINTED COLOR TO MATCH PP -3
SP -1 TEXTURED PLASTER
PAINTED COLOR TO MATCH PP -2
VS -1 VENEER STONE -CORONADO STONE
URBANA SMOOTH -COUNTRY BEIGE
MTL -1 METAL RAILING -DARK BRONZE
MTL -2 METAL AWNING -DARK BRONZE
GL -1 GLAZING
GL -2 VINYL
LF -1 WALL LIGHTING FIXTURE, SEE ELECTRICAL PLAN
BF -1 JULIETTE BALCONY
WOOD FRAME, PAINTED COLOR -SW 7745 MUDDLED BASIL
BLDG C -LEVEL 01
-33' -0"
BLDG C -LEVEL 02
-23' -0"
BLDG C -LEVEL 03
-13' -0"
BLDG C -LEVEL 04
-3' -0"
BLDG C -T/PLATE
6' -1"
PP-2SP-1 PP-1
TO
P
O
F
R
O
O
F
51
'
-
1
"
PP-4 PP-5 PP-6 BF-1
BLDG C -LEVEL 01
-33' -0"
BLDG C -LEVEL 02
-23' -0"
BLDG C -LEVEL 03
-13' -0"
BLDG C -LEVEL 04
-3' -0"
BLDG C -T/PLATE
6' -1"
TO
P
O
F
R
O
O
F
52
'
-
7
"
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stamp approval
# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.23
ELEVATIONS -
BUILDING C
1/8" = 1'-0"2EAST ELEVATION BLDG C
1/8" = 1'-0"1SOUTH ELEVATION BLDG C
242
A1.29
2
A1.302
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.24
FLOOR PLAN -
LEVEL 01
BUILDING D
A1.30 2
A1.30
1
A1.29
2
A1.291
LOBBY
ELEV.
PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
PARKINGPARKINGPARKINGPARKING
STAIR
STAIR
1 BED - A
3 BED - A
BUILDING ABOVE
4 BED - B 1 BED - A
3 BED - E
IDF
RM.
IDF
RM.
12
'
-
4
"
3
3
'
-
3
1
/
2
"
3
3
'
-
3
1
/
2
"
1
3
'
-
1
0
"
2
4
'
-
0
"
1
4
'
-
5
"
1
4
'
-
3
1
/
2
"
1
'
-
5
"
14
6
'
-
1
0
"
1' - 6"
1' - 6"
4' - 5 1/2" 10' - 8 1/2" 70' - 11"20' - 11" 44' - 3"
151' - 3"
2'
-
0
"
3' - 7 1/2" 49' - 4"
52' - 11 1/2"
73
'
-
7
"
22
'
-
0
1
/
2
"
2
7
'
-
3
"
2
3
'
-
1
1
1
/
2
"
PARKINGPARKINGPARKINGPARKINGPARKINGPARKINGPARKINGPARKINGPARKING
PARKING
21' - 6"
114' - 10"4' - 10 1/2"
PARKING
PARKING
UTILITY
STOR
AGE
STOR
AGE
1/8" = 1'-0"1LEVEL 01
243
E
D
A1.29
2
A1.302
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.25
FLOOR PLAN -
LEVEL 02
BUILDING D
1/8" = 1'-0"1BLDG D -LEVEL 02
E
D
A1.30 2
A1.30
1
A1.29
2
A1.291
ELEV.
STAIR
STAIR
1 BED - A
1 BED - A
1 BED - A
1 BED - A
1 BED - A
2 BED - A 3 BED - A
3 BED - A3 BED - A4 BED - B
3 BED - E
STORAGE
12
'
-
5
"
3
3
'
-
2
1
/
2
"
3
3
'
-
3
1
/
2
"
1
3
'
-
1
0
"
2
4
'
-
0
"
1
4
'
-
6
1
/
2
"
1
4
'
-
2
1
/
2
"
1
'
-
5
"
14
6
'
-
1
0
1
/
2
"
1' - 6"
1' - 6"
2'
-
0
"
3' - 7 1/2" 22' - 0" 27' - 4"
52' - 11 1/2"
21' - 6"
2'
-
0
"
4' - 5 1/2" 10' - 8 1/2" 70' - 11"20' - 11" 44' - 3"
1'
-
5
1
/
2
"
7
1
'
-
8
1
/
2
"
20
'
-
5
"
2
9
'
-
4
"
2
3
'
-
1
1
1
/
2
"
66' - 3 1/2"20' - 6" 24' - 0 1/2" 8' - 10 1/2"
119' - 8 1/2"
2 BED - G
1/8" = 1'-0"1LEVEL 02
244
A1.29
2
A1.302
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.26
FLOOR PLAN -
LEVEL 03
BUILDING D
1/8" = 1'-0"1BLDG D -LEVEL 03
A1.30 2
A1.30
1
A1.29
2
A1.291
ELEV.
STAIR
STAIR
1 BED - A
1 BED - A
2 BED - A 3 BED - A
3 BED - A 3 BED - A
4 BED - B
3 BED - E
STORAGE
12
'
-
5
"
3
3
'
-
2
1
/
2
"
3
3
'
-
3
1
/
2
"
1
3
'
-
1
0
"
2
4
'
-
0
"
1
4
'
-
6
1
/
2
"
1
4
'
-
2
1
/
2
"
1
'
-
5
"
14
6
'
-
1
0
1
/
2
"
1' - 6"
1' - 6"
4' - 5 1/2" 10' - 8 1/2" 70' - 11"20' - 11" 44' - 3"
2'
-
0
"
3' - 7 1/2" 22' - 0" 27' - 4"
52' - 11 1/2"
1'
-
5
1
/
2
"
7
1
'
-
8
1
/
2
"
20
'
-
5
"
2
9
'
-
4
"
2
3
'
-
1
1
1
/
2
"
66' - 3 1/2"20' - 6" 24' - 0 1/2" 8' - 10 1/2"
119' - 8 1/2"
21' - 6"
2'
-
0
"
1 BED - A
1 BED - A
1 BED - A
4" / 12"
ROOF
SLOPE
2 BED - G
1/8" = 1'-0"1LEVEL 03
245
A1.29
2
A1.302
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.27
FLOOR PLAN -
LEVEL 04
BUILDING D
1/8" = 1'-0"1BLDG D -LEVEL 04
A1.30 2
A1.30
1
A1.29
2
A1.291
ELEV.
STAIR
STAIR
1 BED - A
1 BED - A
2 BED - A 3 BED - A
3 BED - A
2 BED - G
3 BED - A4 BED - B
3 BED - E
STORAGE
12
'
-
5
"
3
3
'
-
2
1
/
2
"
3
3
'
-
3
1
/
2
"
1
3
'
-
1
0
"
2
4
'
-
0
"
1
4
'
-
6
1
/
2
"
1
4
'
-
2
1
/
2
"
1
'
-
5
"
14
6
'
-
1
0
1
/
2
"
1' - 6"
1' - 6"
2'
-
0
"
3' - 7 1/2" 22' - 0" 27' - 4"
52' - 11 1/2"
21' - 6"
2'
-
0
"
1 BED - A
1 BED - A
1 BED - A
4' - 5 1/2" 10' - 8 1/2" 70' - 11"20' - 11" 44' - 3"
1'
-
5
1
/
2
"
7
1
'
-
8
1
/
2
"
20
'
-
5
"
2
9
'
-
4
"
2
3
'
-
1
1
1
/
2
"
66' - 3 1/2"20' - 6" 24' - 0 1/2" 8' - 10 1/2"
119' - 8 1/2"
1/8" = 1'-0"1LEVEL 04
246
D
E
D E
A1.29
2
A1.302
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.28
ROOF PLAN
BUILDING D
1/8" = 1'-0"1BLDG D-T/PLATE
D
E
DE
A1.30 2
A1.30
1
A1.29
2
A1.291
ROOF SLOPE: 1/4:12
TYPICAL
ROOF SLOPE: 1/4:12
TYPICAL
4" / 12" (TYP.)
4"
/
1
2
"
(
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)
4" / 12" (TYP.)
RO
O
F
S
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O
P
E
ROOF SLOPE
ROOF SLOPE
1/8" = 1'-0"1BLDG D -ROOF PLAN
247
BLDG D -LEVEL 01
-7' -6"
BLDG D -LEVEL 02
2' -6"
BLDG D -LEVEL 03
12' -6"
BLDG D -LEVEL 04
22' -6"
BLDG D-T/PLATE
31' -7"
MTL-1
4'
-
5
"
9
'
-
1
"
1
0
'
-
0
"
1
0
'
-
0
"
1
0
'
-
0
"
43
'
-
6
"
PP-4PP-5 PP-6SP-1 LF-1BF-1
BLDG D -LEVEL 01
-7' -6"
BLDG D -LEVEL 02
2' -6"
BLDG D -LEVEL 03
12' -6"
BLDG D -LEVEL 04
22' -6"
BLDG D-T/PLATE
31' -7"
PAINTED PLASTER
SW 7551
GREEK VILLA
PAINTED PLASTER
SW 9542
NATURAL WHITE
TEXTURED PLASTER
PAINTED TO MATCH
PP - 2
PP -2PP -1 SP -1
MATERIAL REFERENCES
VENEER STONE
CORONADO STONE
URBANA SMOOTH -
COUNTRY BEIGE
VS -1PAINTED PLASTER
SW 7673
PEWTER CAST
PP -3 METAL RAILING /
METAL AWNING
DARK BRONZE
MTL -1
MATERIAL LEGEND
PP -1 PAINTED PLASTER -SW 9542 NATURAL WHITE
PP -2 PAINTED PLASTER -SW 7551 GREEK VILLA
PP -3 PAINTED PLASTER -SW 7673 PEWTER CAST
PP -4 PLASTER FINISHED FOAM TRIM , PROFILE # 1
PAINTED COLOR TO MATCH PP -1
PP -5 PLASTER FINISHED FOAM TRIM , PROFILE # 2
PAINTED COLOR TO MATCH PP -2
PP -6 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -1
PP -7 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -2
PP -8 PLASTER FINISHED JULIETTE BALCONY FLOOR EXTRUSION
PAINTED COLOR TO MATCH PP -3
SP -1 TEXTURED PLASTER
PAINTED COLOR TO MATCH PP -2
VS -1 VENEER STONE -CORONADO STONE
URBANA SMOOTH -COUNTRY BEIGE
MTL -1 METAL RAILING -DARK BRONZE
MTL -2 METAL AWNING -DARK BRONZE
GL -1 GLAZING
GL -2 VINYL
LF -1 WALL LIGHTING FIXTURE, SEE ELECTRICAL PLAN
BF -1 JULIETTE BALCONY
WOOD FRAME, PAINTED COLOR -SW 7745 MUDDLED BASIL
1/8" = 1'-0"1WEST ELEVATION BLDG D
1/8" = 1'-0"2NORTH ELEVATION BLDG D
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.29
ELEVATIONS -
BUILDING D
248
PAINTED PLASTER
SW 7551
GREEK VILLA
PAINTED PLASTER
SW 9542
NATURAL WHITE
TEXTURED PLASTER
PAINTED TO MATCH
PP - 2
PP -2PP -1 SP -1
MATERIAL REFERENCES
VENEER STONE
CORONADO STONE
URBANA SMOOTH -
COUNTRY BEIGE
VS -1PAINTED PLASTER
SW 7673
PEWTER CAST
PP -3 METAL RAILING /
METAL AWNING
DARK BRONZE
MTL -1
MATERIAL LEGEND
PP -1 PAINTED PLASTER -SW 9542 NATURAL WHITE
PP -2 PAINTED PLASTER -SW 7551 GREEK VILLA
PP -3 PAINTED PLASTER -SW 7673 PEWTER CAST
PP -4 PLASTER FINISHED FOAM TRIM , PROFILE # 1
PAINTED COLOR TO MATCH PP -1
PP -5 PLASTER FINISHED FOAM TRIM , PROFILE # 2
PAINTED COLOR TO MATCH PP -2
PP -6 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -1
PP -7 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -2
PP -8 PLASTER FINISHED JULIETTE BALCONY FLOOR EXTRUSION
PAINTED COLOR TO MATCH PP -3
SP -1 TEXTURED PLASTER
PAINTED COLOR TO MATCH PP -2
VS -1 VENEER STONE -CORONADO STONE
URBANA SMOOTH -COUNTRY BEIGE
MTL -1 METAL RAILING -DARK BRONZE
MTL -2 METAL AWNING -DARK BRONZE
GL -1 GLAZING
GL -2 VINYL
LF -1 WALL LIGHTING FIXTURE, SEE ELECTRICAL PLAN
BF -1 JULIETTE BALCONY
WOOD FRAME, PAINTED COLOR -SW 7745 MUDDLED BASIL
BLDG D -LEVEL 01
-7' -6"
BLDG D -LEVEL 02
2' -6"
BLDG D -LEVEL 03
12' -6"
BLDG D -LEVEL 04
22' -6"
BLDG D-T/PLATE
31' -7"
TO
P
O
F
R
O
O
F
48
'
-
6
"
BLDG D -LEVEL 01
-7' -6"
BLDG D -LEVEL 02
2' -6"
BLDG D -LEVEL 03
12' -6"
BLDG D -LEVEL 04
22' -6"
BLDG D-T/PLATE
31' -7"
PP-2PP-1GL-1 GL-2
TO
P
O
F
R
O
O
F
48
'
-
8
"
PP-3 PP-8GL-2
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.30
ELEVATIONS -
BUILDING D
1/8" = 1'-0"2EAST ELEVATION BLDG D
1/8" = 1'-0"1SOUTH ELEVATION BLDG D
249
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# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.31
CLUB HOUSE -
PLANS &
ELEVATIONS
1/8" = 1'-0"1CLUBHOUSE -LEVEL 01
A1.31
3
A1.316
A1.31
5
A1.31 4
LOUNGE AREA
ENTRY
KITCHEN / DINING
COMPUTER ROOM
IT
ROOM
STORAGE OFFICE
WOMEN'S RESTROOM
MEN'S RESTROOM
ELEC
ROOM
UTILITY ROOM
POOL
EQUIPMENT
AREA
UTILITY
ROOM
JAN.
SH
O
W
E
R
UNISEX
RR
ENTRY
8'
-
5
"
8'
-
1
1
"
4'
-
4
"
28' - 1"10' - 2"33' - 9"
14' - 2"13' - 11"
72' - 0"
20
'
-
6
"
28
'
-
4
"
17
'
-
2
"
9'
-
6
"
11
'
-
5
1
/
2
"
17' - 9"7' - 4"
26' - 0"12' - 0"25' - 3"8' - 9"
72' - 0"
13
'
-
1
"
9'
-
1
1
1
/
2
"
1'
-
0
"
10
'
-
1
1
/
2
"
7'
-
1
1
1
/
2
"
5'
-
4
"
7'
-
6
"
28
'
-
0
"
6'
-
2
"
15
'
-
0
1
/
2
"
66
'
-
0
"
70
'
-
0
"
3' - 9"5' - 3"5' - 0"5' - 4"8' - 9"
8' - 4"6' - 0 1/2"
4'
-
3
"
17
'
-
5
"
21' - 3"
PATIO
UNISEX
RR
14' - 9"10' - 6"
4'
-
0
"
4'
-
0
"
4' - 0"
A1.31
3
A1.316
A1.31
5
A1.31 4
4"
/
1
2
"
(
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4" / 12" (TYP.)
ROOF SLOPE: 1/4:12
TYPICAL
ROOF SLOPE
ROOF SLOPE: 1/4:12
TYPICAL
RO
O
F
S
L
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P
E
LEVEL 01
0' -0"
T/PLATE
19' -0"
ROOF PLAN
15' -6"
T/PARAPET 1
12' -6"
24
'
-
6
1
/
2
"
LF-1MTL-1 SP-1PP-1 PP-2PP-4 PP-3 PP-5
LEVEL 01
0' -0"
T/PLATE
19' -0"
ROOF PLAN
15' -6"
T/PARAPET 1
12' -6"
24
'
-
6
1
/
2
"
LEVEL 01
0' -0"
T/PLATE
19' -0"
ROOF PLAN
15' -6"
T/PARAPET 1
12' -6"
24
'
-
6
1
/
2
"
LEVEL 01
0' -0"
T/PLATE
19' -0"
ROOF PLAN
15' -6"
T/PARAPET 1
12' -6"
24
'
-
6
1
/
2
"
MATERIAL LEGEND
PP -1 PAINTED PLASTER -SW 9542 NATURAL WHITE
PP -2 PAINTED PLASTER -SW 7551 GREEK VILLA
PP -3 PLASTER FINISHED FOAM TRIM , PROFILE # 1
PAINTED COLOR TO MATCH PP -1
PP -4 PLASTER FINISHED FOAM TRIM , PROFILE # 2
PAINTED COLOR TO MATCH PP -1
PP -5 PLASTER FINISHED FOAM TRIM , PROFILE # 3
PAINTED COLOR TO MATCH PP -2
SP -1 TEXTURED PLASTER
PAINTED COLOR TO MATCH PP -2
MTL -1 METAL CANOPY -DARK BRONZE
LF -1 WALL LIGHTING FIXTURE, SEE ELECTRICAL PLAN
PAINTED PLASTER
SW 7551
GREEK VILLA
PAINTED PLASTER
SW 9542
NATURAL WHITE
TEXTURED PLASTER
PAINTED TO MATCH
PP - 2
PP -2PP -1 SP -1
MATERIAL REFERENCES
METAL CANOPY
DARK BRONZE MTL -1
1/8" = 1'-0"1LEVEL 01
1/8" = 1'-0"2ROOF PLAN
1/8" = 1'-0"3FRONT ELEVATION
1/8" = 1'-0"4POOL ELEVATION
1/8" = 1'-0"5REAR ELEVATION
1/8" = 1'-0"6TOT LOT ELEVATION
250
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sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
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PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.32
UNIT PLANS
BUILDING A
23' - 10"
3' - 6 1/2"6' - 10 1/2"5' - 2"8' - 3"5' - 2"
12' - 6 1/2"11' - 3 1/2"
10
'
-
7
"
2'
-
9
"
5'
-
3
"
3'
-
5
1
/
2
"
12
'
-
0
"
10
'
-
0
1
/
2
"
KITCHEN
LIVING
BEDROOM
BATH
22
'
-
0
1
/
2
"
3' - 3 1/2"5' - 8 1/2"5' - 2"6' - 5"14' - 4"
12' - 8"11' - 1 1/2"11' - 1 1/2"
BATH
PRIMARY BEDROOMBEDROOM # 2
LIVING
KITCHEN
3'
-
8
1
/
2
"
6
'
-
5
"
2
'
-
7
"
1
1
'
-
4
"
10
'
-
0
1
/
2
"
1
4
'
-
0
"
24
'
-
0
1
/
2
"
34' - 11"
15
'
-
0
1
/
2
"
1
6
'
-
9
1
/
2
"
11' - 5"16' - 11 1/2"2' - 7"12' - 8"
12
'
-
2
"
5'
-
8
1
/
2
"
3'
-
5
1
/
2
"
8'
-
6
"
11' - 7"2' - 7"3' - 2"5' - 8 1/2"5' - 2"2' - 9"8' - 10 1/2"3' - 8 1/2"
KITCHEN
LIVING
PRIMARY BEDROOM
PRIMARY
BATH
BEDROOM # 2
BATH #2
9'
-
9
1
/
2
"
31
'
-
1
0
"
43' - 6 1/2"
13
'
-
6
1
/
2
"
10
'
-
0
1
/
2
"
10
'
-
1
0
1
/
2
"
2'
-
7
"
6'
-
5
"
3'
-
8
1
/
2
"
3' - 5 1/2"5' - 8 1/2"5' - 2"8' - 4"
BEDROOM
BATH
LIVING
KITCHEN
10' - 3 1/2" 12' - 4 1/2"
23
'
-
7
"
22' - 8"
KITCHEN
LIVING BEDROOM
BATH
7' - 7 1/2"11' - 10"
8' - 0 1
/2"
2
' - 7"
10
'
-
0
1
/
2
"
1
1
'
-
1
1
1
/
2
"
3' - 8 1/2"6' - 10 1/2"5' - 2"11' - 6"
10' - 7 1
/2"
3'
-
5
1
/
2
"
5
'
-
8
1
/
2
"
3
'
-
6
"
12
'
-
8
"
19' - 5 1/2"
22
'
-
0
"
27' - 3"
BATH
PRIMARY BEDROOM
BEDROOM # 2
LIVING
KITCHEN
5' - 11 1/2" 10' - 6 1/2" 10' - 9 1/2"
9'
-
2
"
2
'
-
7
"
1
1
'
-
7
1
/
2
"
2' - 9"
8' - 3"
3' - 8 1/2" 7' - 1" 5' - 2" 15' - 8 1/2"
31' - 8"
5'
-
8
1
/
2
"
3'
-
5
1
/
2
"
11' - 0"
9'
-
2
"
23
'
-
4
1
/
2
"
5' - 1 1
/2"
16
'
-
0
"
7'
-
4
1
/
2
"
8
'
-
7
1
/
2
"
11' - 3 1/2"7' - 5"3' - 3"7' - 10"
15
'
-
1
0
"
KITCHEN LIVING
BEDROOM
BATH WIC
8' - 1 1/2" 11' - 4" 10' - 4"
29' - 9 1/2"
12' - 11 1/2" 10' - 5 1/2" 12' - 5 1/2"
3' - 3 1/2" 5' - 8 1/2" 5' - 2" 6' - 5" 15' - 3 1/2"
3'
-
8
1
/
2
"
6
'
-
5
"
2
'
-
7
"
1
1
'
-
4
"
10
'
-
0
1
/
2
"
1
2
'
-
0
"
2
'
-
0
"
35' - 10 1/2"
BATH
PRIMARY BEDROOM BEDROOM # 2
LIVING
KITCHEN
24
'
-
0
1
/
2
"
12' - 11 1/2"11' - 1 1/2"11' - 11 1/2"
3' - 5"5' - 7"5' - 2"6' - 5"15' - 3 1/2"
9'
-
1
0
1
/
2
"
1
3
'
-
1
1
1
/
2
"
11
'
-
3
1
/
2
"
2'
-
7
"
6'
-
5
"
3'
-
8
1
/
2
"
35' - 10 1/2"
BATH
PRIMARY BEDROOMBEDROOM # 2
LIVING
KITCHEN
24
'
-
0
"
12' - 11 1/2" 10' - 5 1/2" 9' - 9"
3' - 3 1/2" 5' - 8 1/2" 5' - 2" 6' - 5" 12' - 6 1/2"
1'
-
1
1
1
/
2
"
9'
-
4
"
2'
-
7
"
6'
-
5
"
3'
-
8
1
/
2
"
10
'
-
0
1
/
2
"
1
3
'
-
1
1
1
/
2
"
BATH
PRIMARY BEDROOM
BEDROOM # 2
LIVING
KITCHEN
33' - 1 1/2"
24
'
-
0
"
1/4" = 1'-0"21 BEDROOM A (495 SF)
1/4" = 1'-0"52 BEDROOM A (813 SF)
1/4" = 1'-0"102 BEDROOM F (947 SF)
1/4" = 1'-0"31 BEDROOM B (503 SF)1/4" = 1'-0"41 BEDROOM C (507 SF)
1/4" = 1'-0"92 BEDROOM E (684 SF)
1/4" = 1'-0"1STUDIO (455 SF)
1/4" = 1'-0"62 BEDROOM B (812 SF)1/4" = 1'-0"72 BEDROOM C (821 SF)
1/4" = 1'-0"82 BEDROOM D (746 SF)
251
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stamp approval
# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
CO
O
K
S
T
.
&
F
R
A
N
K
S
I
N
A
T
R
A
D
R
.
PA
L
M
D
E
S
E
R
T
A
P
A
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T
M
E
N
T
S
PA
L
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D
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S
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R
T
,
C
A
9
2
2
1
1
PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.33
UNIT PLANS
BUILDING A
LIVING
PRIMARY BEDROOM
PRIMARY BATH
KITCHEN
BEDROOM # 2
BEDROOM # 3
BATH # 2
10' - 4" 2' - 7" 10' - 1" 9' - 10" 11' - 2 1/2"
1'
-
1
1
1
/
2
"
11
'
-
1
"
7'
-
3
"
3'
-
8
1
/
2
"
12
'
-
6
1
/
2
"
2'
-
3
1
/
2
"
5'
-
8
1
/
2
"
3'
-
5
1
/
2
"
3' - 3 1/2" 5' - 8 1/2" 4' - 5 1/2" 5' - 2" 14' - 2 1/2" 7' - 6 1/2" 3' - 8"
24
'
-
1
"
44' - 0 1/2"
5'
-
4
"
3
'
-
8
1
/
2
"
6
'
-
1
0
"
1
2
'
-
1
0
"
4
'
-
1
0
"
3' - 3 1/2" 5' - 8 1/2" 7' - 1" 5' - 8" 3' - 8 1/2" 6' - 7" 11' - 7"
PRIMARY BEDROOM
PRIMARY BATH
W.I.C
BATH # 2
BEDROOM #2
BEDROOM #3
KITCHEN
LIVING
13' - 2" 19' - 4" 11' - 1 1/2"
12
'
-
1
1
1
/
2
"
2
'
-
7
"
2
'
-
3
1
/
2
"
1
1
'
-
6
1
/
2
"
4
'
-
2
"
33
'
-
6
1
/
2
"
43' - 7 1/2"
15' - 4 1/2" 3' - 3" 6' - 10 1/2" 5' - 2" 8' - 10 1/2" 8' - 10" 3' - 5 1/2"
13
'
-
3
"
2
'
-
4
1
/
2
"
2
'
-
6
"
1
1
'
-
1
1
"
11
'
-
1
0
"
3
'
-
0
1
/
2
"
5
'
-
8
1
/
2
"
3
'
-
5
1
/
2
"
6
'
-
0
"
10' - 10" 10' - 5 1/2" 14' - 0" 12' - 3 1/2"
BEDROOM #4
BATH # 2
BEDROOM #3
LIVING
KITCHEN
BEDROOM #2 PRIMARY BEDROOM
W.I.C
PRIMARY BATH
47' - 7"
30
'
-
0
1
/
2
"
LIVING
KITCHEN
PRIMARY BEDROOM
BEDROOM #2
BEDROOM #3
BATH #2
PRIMARY BATH
12
'
-
1
0
1
/
2
"
5
'
-
6
1
/
2
"
1
1
'
-
7
1
/
2
"
15' - 4" 3' - 3" 6' - 10 1/2" 5' - 2" 9' - 2 1/2" 8' - 5 1/2" 3' - 6 1/2"
11
'
-
1
0
"
3
'
-
0
1
/
2
"
5
'
-
8
1
/
2
"
3
'
-
5
1
/
2
"
6
'
-
0
"
15' - 0" 10' - 4 1/2" 14' - 2" 12' - 3 1/2"
51' - 10"
30
'
-
0
1
/
2
"
2'
-
0
"
12
'
-
3
"
5'
-
8
1
/
2
"
3'
-
5
1
/
2
"
3' - 8 1/2" 9' - 1 1/2" 2' - 5 1/2" 5' - 2" 5' - 8 1/2"3' - 2" 2' - 7" 11' - 7"
2'
-
6
"
10
'
-
7
"
2'
-
3
1
/
2
"
2'
-
7
"
13
'
-
1
0
1
/
2
"
PRIMARY BEDROOM
PRIMARY BATH
BATH # 2
BEDROOM #2
BEDROOM #3
KITCHEN
LIVING
43' - 6"
31
'
-
1
0
1
/
2
"
15' - 0" 17' - 1" 11' - 7"
1/4" = 1'-0"13 BEDROOM A (998 SF)
1/4" = 1'-0"23 BEDROOM B (1,190 SF)
1/4" = 1'-0"54 BEDROOM A (1,288 SF)
1/4" = 1'-0"43 BEDROOM D (1,132 SF)
1/4" = 1'-0"33 BEDROOM C (1,122 SF)
252
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v
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d
.
stamp approval
# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
CO
O
K
S
T
.
&
F
R
A
N
K
S
I
N
A
T
R
A
D
R
.
PA
L
M
D
E
S
E
R
T
A
P
A
R
T
M
E
N
T
S
PA
L
M
D
E
S
E
R
T
,
C
A
9
2
2
1
1
PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.34
UNIT PLANS
BUILDING B
KITCHEN
BEDROOM
BATH
LIVING
KITCHEN
LIVING
BEDROOM
BATH
BEDROOM
KITCHEN
LIVING
BATH
KITCHEN
LIVING
BEDROOM 1
BATH
BEDROOM 2
KITCHEN
LIVING
LIVING/ BEDROOM
BATH
1/4" = 1'-0"11 BEDROOM D (650 SF)1/4" = 1'-0"21 BEDROOM E (667 SF)1/4" = 1'-0"31 BEDROOM F (623 SF)
1/4" = 1'-0"52 BEDROOM L (805 SF)1/4" = 1'-0"4STUDIO G
253
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3
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4
2
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A
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.
Al
l
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h
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s
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e
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e
r
v
e
d
.
stamp approval
# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
CO
O
K
S
T
.
&
F
R
A
N
K
S
I
N
A
T
R
A
D
R
.
PA
L
M
D
E
S
E
R
T
A
P
A
R
T
M
E
N
T
S
PA
L
M
D
E
S
E
R
T
,
C
A
9
2
2
1
1
PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.35
UNIT PLANS
BUILDING C
12' - 6 1/2"11' - 3 1/2"
3' - 6 1/2"6' - 10 1/2"5' - 2"8' - 3"
23' - 10"
KITCHEN
LIVING
BEDROOM
BATH
10
'
-
0
1
/
2
"
1
2
'
-
0
"
3'
-
5
1
/
2
"
5
'
-
3
"
2
'
-
9
"
1
0
'
-
7
"
22
'
-
0
1
/
2
"
12' - 10"11' - 1 1/2"10' - 11 1/2"
3'
-
8
1
/
2
"
6
'
-
5
"
2
'
-
7
"
1
1
'
-
4
"
24
'
-
0
1
/
2
"
10
'
-
0
1
/
2
"
1
4
'
-
0
"
3' - 5 1/2"5' - 8 1/2"5' - 2"6' - 5"14' - 2"
34' - 11"
BATH
PRIMARY BEDROOMBEDROOM # 2
LIVING
KITCHEN
BATH
PRIMARY BEDROOM BEDROOM # 2
LIVING
KITCHEN
3'
-
8
1
/
2
"
6
'
-
5
"
2
'
-
7
"
1
1
'
-
4
"
10
'
-
0
1
/
2
"
1
1
'
-
9
1
/
2
"
2
'
-
2
1
/
2
"
24
'
-
0
1
/
2
"
3' - 3 1/2" 5' - 8 1/2" 5' - 2" 6' - 5" 15' - 3 1/2"
35' - 10 1/2"
12' - 11 1/2" 10' - 7 1/2" 12' - 3 1/2"
LIVING
PRIMARY BEDROOM
PRIMARY BATH
KITCHEN
BEDROOM # 2
BEDROOM # 3
BATH # 2
10' - 2 1/2" 2' - 7" 10' - 2 1/2" 9' - 10" 11' - 2"
2'
-
0
"
11
'
-
1
"
7'
-
3
"
3'
-
8
1
/
2
"
3' - 2" 5' - 8 1/2" 4' - 5 1/2" 5' - 2" 14' - 2 1/2" 7' - 6 1/2" 3' - 9"
44' - 1 1/2"
3'
-
5
1
/
2
"
5
'
-
8
1
/
2
"
2
'
-
3
1
/
2
"
1
2
'
-
7
"
24
'
-
0
1
/
2
"
11' - 5"17' - 3"2' - 3 1/2"12' - 8 1/2"
12
'
-
2
1
/
2
"
5'
-
8
1
/
2
"
3'
-
5
1
/
2
"
21
'
-
4
1
/
2
"
11' - 7"2' - 7"3' - 2"5' - 8 1/2"5' - 2"2' - 5 1/2"9' - 1 1/2"3' - 10 1/2"
43' - 8 1/2"
10
'
-
7
"
2'
-
3
1
/
2
"
2'
-
7
"
13
'
-
1
0
1
/
2
"
29
'
-
4
"
1/4" = 1'-0"11 BEDROOM A (495 SF)1/4" = 1'-0"22 BEDROOM A (813 SF)1/4" = 1'-0"32 BEDROOM B (812 SF)
1/4" = 1'-0"43 BEDROOM A (998 SF)1/4" = 1'-0"53 BEDROOM C (1,122 SF)
254
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c
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Al
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.
stamp approval
# DateDescription
sheet title
project no.
sheet no.
issues revisions
2022-40156.000
PLANNING SUBMITTAL 05/31/2023
CO
O
K
S
T
.
&
F
R
A
N
K
S
I
N
A
T
R
A
D
R
.
PA
L
M
D
E
S
E
R
T
A
P
A
R
T
M
E
N
T
S
PA
L
M
D
E
S
E
R
T
,
C
A
9
2
2
1
1
PLANNING SUBMITTAL 09/05/2023
PLANNING SUBMITTAL 02/29/2024
PLANNING SUBMITTAL 05/02/2024
A1.36
UNIT PLANS
BUILDING D
KITCHEN
LIVING
BEDROOM
BATH
12' - 10" 11' - 0"
10
'
-
0
1
/
2
"
1
1
'
-
1
1
1
/
2
"
22
'
-
0
"
3'
-
5
1
/
2
"
5
'
-
8
1
/
2
"
2
'
-
3
1
/
2
"
1
0
'
-
6
1
/
2
"
3' - 6 1/2" 6' - 10 1/2" 5' - 2" 8' - 3"
23' - 10"
BATH
PRIMARY BEDROOMBEDROOM # 2
LIVING
KITCHEN
12' - 10"11' - 1 1/2"10' - 11 1/2"
11
'
-
3
1
/
2
"
2'
-
7
"
6'
-
5
"
3'
-
8
1
/
2
"
24
'
-
0
"
13
'
-
1
1
1
/
2
"
10
'
-
0
1
/
2
"
3' - 5 1/2"5' - 8 1/2"5' - 2"6' - 5"14' - 2"
34' - 11"
10' - 6" 2' - 7" 10' - 4 1/2" 9' - 10" 10' - 11 1/2"
3'
-
8
1
/
2
"
7
'
-
3
"
1
3
'
-
0
"
3'
-
5
1
/
2
"
5
'
-
3
"
2
'
-
9
"
1
2
'
-
6
"
23
'
-
1
1
1
/
2
"
3' - 3 1/2" 5' - 8 1/2" 4' - 5 1/2" 5' - 2" 14' - 6" 7' - 3" 3' - 8 1/2"
44' - 1"
LIVING
PRIMARY BEDROOM
PRIMARY BATH
KITCHEN
BEDROOM # 2
BEDROOM # 3
BATH # 2
LIVING
PRIMARY BEDROOM
PRIMARY BATH
KITCHEN
BEDROOM # 2BEDROOM # 3
BATH # 2
10' - 11 1/2"9' - 10"10' - 4 1/2"2' - 7"10' - 4"
12
'
-
8
"
2'
-
9
"
5'
-
3
"
3'
-
5
1
/
2
"
24
'
-
1
1
/
2
"
14
'
-
8
"
7'
-
3
"
3'
-
8
1
/
2
"
25
'
-
7
1
/
2
"
3' - 6 1/2"7' - 6 1/2"14' - 2 1/2"5' - 2"4' - 5 1/2"5' - 8 1/2"3' - 3 1/2"
43' - 11"
BEDROOM #4 BATH # 2
BEDROOM #3
LIVING
KITCHEN
BEDROOM #2 PRIMARY BEDROOM
PRIMARY BATH
4' - 5 1/2" 10' - 11" 10' - 9" 14' - 0 1/2" 12' - 0"
52' - 2"
11
'
-
7
1
/
2
"
2
'
-
9
"
2
'
-
1
1
/
2
"
1
2
'
-
1
"
1
'
-
5
"
29
'
-
1
1
1
/
2
"
3'
-
5
1
/
2
"
5
'
-
3
"
3
'
-
6
"
1
1
'
-
9
"
23
'
-
1
1
1
/
2
"
13' - 1" 3' - 6 1/2" 6' - 10 1/2" 5' - 2" 11' - 2 1/2" 8' - 10" 3' - 5 1/2"
52' - 2"
LIVING
PRIMARY BEDROOM
BATH
KITCHEN
BEDROOM # 2
10' - 4"2' - 7"10' - 4 1/2"10' - 11"
13
'
-
1
1
1
/
2
"
10
'
-
0
1
/
2
"
2'
-
0
"
11
'
-
0
1
/
2
"
7'
-
3
"
3'
-
8
1
/
2
"
24
'
-
0
"
3' - 3 1/2"5' - 8 1/2"4' - 5 1/2"5' - 2"15' - 7"
34' - 2 1/2"
1/4" = 1'-0"11 BEDROOM A (495 SF)1/4" = 1'-0"22 BEDROOM A (813 SF)
1/4" = 1'-0"43 BEDROOM A (998 SF)1/4" = 1'-0"53 BEDROOM E (1,035 SF)
1/4" = 1'-0"64 BEDROOM B (1,270 SF)
1/4" = 1'-0"32 BEDROOM G (781 SF)
255
COOK STREET
FR
A
N
K
S
I
N
A
T
R
A
D
R
.
POOL=45.80
2.
5
'
D
.
F
.
6.
0
'
D
.
F
.
6.
0
'
D
.
F
.
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C-2
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stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
909.581.06762850 Inland Empire Blvd
Ontario, California 91764 fuscoe.com
RFULLCIRCLETHINKING
E N G I N E E R I N G
FUSCOE
Suite B
CONCEPTUAL GRADING PLAN
PROJECT
LOCATION
ABBREVIATIONS
LEGAL DESCRIPTION:
FLOOD ZONE CLASSIFICATION:
BASIS OF BEARINGS:
C-1
CONCEPTUAL GRADING
PLAN
LEGEND:
SHEET INDEX
SHEET NO.DESCRIPTION
PROPOSED RESIDENTIAL & COMMERCIAL
FRANK SINATRA DRIVE, PALM DESERT, CALIFORNIA
256
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stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
909.581.06762850 Inland Empire Blvd
Ontario, California 91764 fuscoe.com
RFULLCIRCLETHINKING
E N G I N E E R I N G
FUSCOE
Suite B
C-2
GRADING SECTIONS
SECTION
C-2
A
SECTION
C-2
C
SECTION
C-2
D
SECTION
C-2
E
SECTION
C-2
B
SECTION
C-2
F
SECTION
C-2
G
257
COOK STREET
FR
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stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
909.581.06762850 Inland Empire Blvd
Ontario, California 91764 fuscoe.com
RFULLCIRCLETHINKING
E N G I N E E R I N G
FUSCOE
Suite B
C-3
ACCESSIBILITY SITE PLAN
LEGEND:
258
COOK STREET
FR
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stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
909.581.06762850 Inland Empire Blvd
Ontario, California 91764 fuscoe.com
RFULLCIRCLETHINKING
E N G I N E E R I N G
FUSCOE
Suite B
C-4
CONCEPTUAL UTILITY
PLAN
259
stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
2022-40156.000
L
ICENSED LAND S C A PE ARCHITEC
T
STATE OF C A LIFORNIA
MICHA E L W.VAIL
Signature
Renewal Date
Date
LIC #4991
01/31/2026
Planning Submittal 04/30/2024
CONCEPTUAL LANDSCAPE PLAN - OVERALLA NORTH
COOK STREET
FR
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EXISTING
RESIDENTIAL
LC.1
CONCEPTUAL
LANDSCAPE
PLAN
PROJECT SHALL COMPLY WITH ALL LOCAL AND STATE WATER CODES, INCLUDING MWELO. IRRIGATION
SYSTEM WILL UTILIZE LOW-VOLUME APPLICATION METHODS (DRIP, BUBBLER) AND EFFICIENT
WEATHER-BASED CONTROL TECHNOLOGIES. PLANT SELECTIONS SHALL REFLECT WATER-SAVING GOALS
AND BE GROUPED IN SIMILAR HYDROZONES.
MAINTENANCE
PROJECT OWNER SHALL BE RESPONSIBLE FOR MAINTAINING ON-SITE LANDSCAPE IMPROVEMENTS.
WATER & IRRIGATION
PROJECT LIGHTING
PROJECT SHALL PROVIDE NEW LIGHTING IN COMPLIANCE WITH CITY OF PALM DESERT CODE. LIGHTING
SHALL PROVIDE A SECURE NIGHTTIME PEDESTRIAN ENVIRONMENT.
SEE LIGHTING PLANS FOR OUTDOOR LIGHTS LOCATIONS.
TOTAL LANDSCAPE AREA:74,324
MAXIMUM ANNUAL APPLIED WATER USE:1,484,726
71.6 x 0.45 X 74,324X 0.62 =
ESTIMATED ANNUAL APPLIED WATER USE:1,328,921
LOW = 71.6 X .3 X 55,743 X 0.62 / .81=916,497
MOD = 71.6 X .5 X 18,581 X 0.62 / .81 = 412,424
B4
RESIDENTIAL
B3
RESIDENTIAL
B8
RESIDENTIAL
B8
RESIDENTIAL
B2
RESIDENTIAL
B7
COMMUNITY
B6
RESIDENTIAL
B1
RESIDENTIAL
B5
RESIDENTIAL
PARKING LOT LANDSCAPING REQUIREMENTS [SECTION 25.52.050]
TOTAL OFF-STREET PARKING AREA:39,050 S.F.
REQUIRED LANDSCAPING AREA:5,857 S.F. (15%)
TOTAL LANDSCAPING AREA PROVIDED:7,837 S.F. (20%)
260
stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
2022-40156.000
L
ICENSED LAND S C A PE ARCHITEC
T
STATE OF C A LIFORNIA
MICHA E L W.VAIL
Signature
Renewal Date
Date
LIC #4991
01/31/2026
Planning Submittal 04/30/2024
CONCEPTUAL LANDSCAPE PLAN - WESTA NORTH
LC.2
CONCEPTUAL
LANDSCAPE
PLAN
ENLARGEMENT
BBQ AREA.
POOL.
SPA.
TOTLOT PLAY AREA FOR 2-5 AND 5-12 WITH SHADE SAILS.
NEW TREES. SEE PLANT LEGEND.
NEW LOW WATER-USE PLANTINGS. SEE PLANT LEGEND.
VEHICULAR ENTRY.
LOW LANDSCAPE SITE WALLS.
ROCK MULCH GROUNDCOVER.
UNIT PAVERS.
NEW CONCRETE WALKWAYS.
VEHICULAR ROUNDABOUT WITH PAVERS.
DECORATIVE OPEN METAL FENCE.
PATIO WITH PAVERS, PLANTERS, BBQ & SEATING.
RAMP.
STEPS.
SOLID SCREEN WALL.
OVERHEAD SHADE TRELLIS.
POOL AREA FENCING.
LOW PLAYGROUND FENCING.
LANDSCAPE ELEMENTS KEY
04
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RESIDENTIAL
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RESIDENTIAL
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COMMUNITY
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TRASH ENCLOSURE: ALL ENCLOSURES SHALL BE
COMPLIANT WITH PDMC SECTION 8.12 INCLUDING
ACCESSIBLE APPROACH AND SITE-OBSCURING GATE.
SEE SHEET A 1.00 FOR MORE INFORMATION.
21
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stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
2022-40156.000
L
ICENSED LAND S C A PE ARCHITEC
T
STATE OF C A LIFORNIA
MICHA E L W.VAIL
Signature
Renewal Date
Date
LIC #4991
01/31/2026
Planning Submittal 04/30/2024
CONCEPTUAL LANDSCAPE PLAN - SOUTHA NORTH
LC.3
CONCEPTUAL
LANDSCAPE
PLAN
ENLARGEMENT
LANDSCAPE ELEMENTS KEY
04
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SHADE STRUCTURE.
PRECAST SEATING 'BOULDERS'.
NEW TREES. SEE PLANT LEGEND.
NEW LOW WATER-USE PLANTINGS. SEE PLANT LEGEND.
VEHICULAR ENTRY.
STEPS.
TERRACE AREA.
LOW LANDSCAPE SITE WALLS.
MONUMENT SIGNAGE WALL.
ROCK MULCH GROUNDCOVER.
UNIT PAVERS.
NEW CONCRETE WALKWAYS.
VEHICULAR ROUNDABOUT WITH PAVERS.
RAMP.
LOW RETAINING WALL.
03
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RESIDENTIAL
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RESIDENTIAL
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TRASH ENCLOSURE: ALL ENCLOSURES SHALL BE
COMPLIANT WITH PDMC SECTION 8.12 INCLUDING
ACCESSIBLE APPROACH AND SITE-OBSCURING GATE.
SEE SHEET A1.00 FOR MORE INFORMATION.
16
262
stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
2022-40156.000
L
ICENSED LAND S C A PE ARCHITEC
T
STATE OF C A LIFORNIA
MICHA E L W.VAIL
Signature
Renewal Date
Date
LIC #4991
01/31/2026
Planning Submittal 04/30/2024
CONCEPTUAL LANDSCAPE PLAN - EASTA NORTH
LC.4
CONCEPTUAL
LANDSCAPE
PLAN
ENLARGEMENT
LOW LANDSCAPE SITE WALLS.
NEW TREES. SEE PLANT LEGEND.
NEW LOW WATER-USE PLANTINGS. SEE PLANT LEGEND.
VEHICULAR ENTRY.
ROCK MULCH GROUNDCOVER.
NEW CONCRETE WALKWAYS.
DECORATIVE OPEN METAL FENCE.
STEPS.
UNIT PAVERS.
RAMP.
LOW RETAINING WALL.
LANDSCAPE ELEMENTS KEY
04
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RESIDENTIAL
B4
RESIDENTIAL
12
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TRASH ENCLOSURE: ALL ENCLOSURES SHALL BE
COMPLIANT WITH PDMC SECTION 8.12 INCLUDING
ACCESSIBLE APPROACH AND SITE-OBSCURING GATE.
SEE SHEET A1.00 FOR MORE INFORMATION.
12
263
stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
2022-40156.000
L
ICENSED LAND S C A PE ARCHITEC
T
STATE OF C A LIFORNIA
MICHA E L W.VAIL
Signature
Renewal Date
Date
LIC #4991
01/31/2026
Planning Submittal 04/30/2024
LC.5
SUPPLEMENTAL
LANDSCAPE
EXHIBITS
CANDIDATE PLANT IMAGERYC
DESIGN IMAGERYB
TREES
LOW LANDSCAPE SITE WALLS UNIT PAVERS MULTICOLORED TOTLOT PLAY AREA WITH SHADE SAILS
DECORATIVE OPEN METAL FENCE
LOW WATER-USE PLANTING
LOW WATER-USE PLANTING
LOW WATER-USE PLANTING
SHADE STRUCTURE
PRECAST SEATING 'BOULDERS'ACCENT POTTERY ON THE WALL
SYMBOL BOTANICAL NAME (COMMON NAME) MIN. SIZE WUCOLS QTY
TREES:
AGAVE PARRYI VAR. TRUNCATA 5-GAL LOW
(ARTICHOKE AGAVE)
BOUGAINVILLEA 15-GAL MOD
(BOUGAINVILLEA)
DASYLIRION WHEELERI 5-GAL LOW
(DESERT SPOON)
SANTOLINA CHAMAECYPARISSUS 5-GAL LOW
(LAVENDER COTTON)
ALOE 'BLUE ELF'5-GAL LOW
(BLUE ELF ALOE)
CUPRESSUS SEMPERVIRENS 'MONSHEL'15-GAL MOD
(TINY TOWER ITALIAN CYPRESS)
LANTANA MONTEVIDENSIS 5-GAL MOD
(TRAILING LANTANA)
CERCIDIUM X 'DESERT MUSEUM'24" BOX LOW
(DESERT MUSEUM PALO VERDE)
PROSOPIS CHILENSIS 24" BOX LOW
(THORNLESS CHILEAN MESQUITE)
BACCHARIS 'CENTENNIAL'1-GAL LOW
(CENTENNIAL DESERT BROOM)
HESPERALOE PARVIFLORA 5-GAL LOW
(RED YUCCA)
MUHLENBERGIA DUBIA 1-GAL LOW
(PINE MUHLY)
LEUCOPHYLLUM FRUTESCENS 5-GAL LOW
'COMPACTA' (TEXAS RANGER)
OLEA EUROPAEA 'SWAN HILL'36" BOX LOW
(FRUITLESS OLIVE TREE)
RHUS LANCEA 24" BOX MOD
(AFRICAN SUMAC)
WASHINGTONIA ROBUSTA 15' BTH MOD
(MEXICAN FAN PALM)
PACHYCEREUS MARGINATUS 5-GAL VLOW
(MEXICAN FENCE POST CACTUS)
LOW WATER-USE PLANTING (SUCH AS):
PALMS:
PINUS BRUTIA VAR. ELDARICA 15-GAL MOD
(AFGHAN PINE)
YUCCA FILAMENTOSA 5-GAL LOW
(ADAM'S NEEDLE)
ROSMARINUS OFFICINALIS 5-GAL MOD
'PROSTRATUS' (CREEPING ROSEMARY)
AGAVE DESMETTIANA 'VARIEGATA'5-GAL LOW
(VARIEGATED SMOOTH AGAVE)
AGAVE DESERTI 5-GAL LOW
(DESERT AGAVE)
CHILOPSIS LINEARIS 'BURGUNDY'15-GAL MOD
(BURGUNDY DESERT WILLOW)
CALLISTEMON VIMINALIS 'LITTLE JOHN'5-GAL MOD
(BOTTLEBRUSH)
ROSMARINUS OFFICINALIS 'BOULE'5-GAL MOD
(BOULE ROSEMARY)
CALLIANDRA CALIFORNICA 5-GAL LOW
(BAJA FAIRY DUSTER)
DALEA FRUTESCENS 5-GAL LOW
(BLACK DALEA)
BOUGAINVILLEA 'ROSENKA'5-GAL MOD
(ROSENKA BOUGAINVILLEA)
MUHLENBERGIA CAPILLARIS 1-GAL LOW
(PINK MUHLY)
CHAMAEROPS HUMILIS 15' BTH MOD
(MEDITERRANEAN FAN PALM)
CANDIDATE PLANT LEGENDA
264
CONCEPTUAL LANDSCAPE PLAN - COLOR-CODEDB NORTH
COOK STREET
FR
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LC.6
B4
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B8
RESIDENTIAL
B8
RESIDENTIAL
B2
RESIDENTIAL
B7
COMMUNITY
B6
RESIDENTIAL
B1
RESIDENTIAL
B5
RESIDENTIAL
SYMBOL BOTANICAL NAME (COMMON NAME) MIN. SIZE WUCOLS QTY
TREES:
AGAVE PARRYI VAR. TRUNCATA 5-GAL LOW
(ARTICHOKE AGAVE)
BOUGAINVILLEA 15-GAL MOD
(BOUGAINVILLEA)
DASYLIRION WHEELERI 5-GAL LOW
(DESERT SPOON)
SANTOLINA CHAMAECYPARISSUS 5-GAL LOW
(LAVENDER COTTON)
ALOE 'BLUE ELF'5-GAL LOW
(BLUE ELF ALOE)
CUPRESSUS SEMPERVIRENS 'MONSHEL'15-GAL MOD
(TINY TOWER ITALIAN CYPRESS)
LANTANA MONTEVIDENSIS 5-GAL MOD
(TRAILING LANTANA)
CERCIDIUM X 'DESERT MUSEUM'24" BOX LOW
(DESERT MUSEUM PALO VERDE)
PROSOPIS CHILENSIS 24" BOX LOW
(THORNLESS CHILEAN MESQUITE)
BACCHARIS 'CENTENNIAL'1-GAL LOW
(CENTENNIAL DESERT BROOM)
HESPERALOE PARVIFLORA 5-GAL LOW
(RED YUCCA)
MUHLENBERGIA DUBIA 1-GAL LOW
(PINE MUHLY)
LEUCOPHYLLUM FRUTESCENS 5-GAL LOW
'COMPACTA' (TEXAS RANGER)
OLEA EUROPAEA 'SWAN HILL'36" BOX LOW
(FRUITLESS OLIVE TREE)
RHUS LANCEA 24" BOX MOD
(AFRICAN SUMAC)
WASHINGTONIA ROBUSTA 15' BTH MOD
(MEXICAN FAN PALM)
PACHYCEREUS MARGINATUS 5-GAL VLOW
(MEXICAN FENCE POST CACTUS)
LOW WATER-USE PLANTING (SUCH AS):
PALMS:
PINUS BRUTIA VAR. ELDARICA 15-GAL MOD
(AFGHAN PINE)
YUCCA FILAMENTOSA 5-GAL LOW
(ADAM'S NEEDLE)
ROSMARINUS OFFICINALIS 5-GAL MOD
'PROSTRATUS' (CREEPING ROSEMARY)
AGAVE DESMETTIANA 'VARIEGATA'5-GAL LOW
(VARIEGATED SMOOTH AGAVE)
AGAVE DESERTI 5-GAL LOW
(DESERT AGAVE)
CHILOPSIS LINEARIS 'BURGUNDY'15-GAL MOD
(BURGUNDY DESERT WILLOW)
CALLISTEMON VIMINALIS 'LITTLE JOHN'5-GAL MOD
(BOTTLEBRUSH)
ROSMARINUS OFFICINALIS 'BOULE'5-GAL MOD
(BOULE ROSEMARY)
CALLIANDRA CALIFORNICA 5-GAL LOW
(BAJA FAIRY DUSTER)
DALEA FRUTESCENS 5-GAL LOW
(BLACK DALEA)
BOUGAINVILLEA 'ROSENKA'5-GAL MOD
(ROSENKA BOUGAINVILLEA)
MUHLENBERGIA CAPILLARIS 1-GAL LOW
(PINK MUHLY)
CHAMAEROPS HUMILIS 15' BTH MOD
(MEDITERRANEAN FAN PALM)
CONCEPTUAL
LANDSCAPE PLAN -
COLOR-CODED
stamp approval
#DateDescription
sheet title
project no.
sheet no.
issues revisions
FRANK SINATRA
2022-40156.000
L
ICENSED LAND S C A PE ARCHITEC
T
STATE OF C A LIFORNIA
MICHA E L W.VAIL
Signature
Renewal Date
Date
LIC #4991
01/31/2026
Planning Submittal 04/30/2024
A CANDIDATE PLANT LEGEND - COLOR-CODED
265
266
267
268
269
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271
272
273
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275
276
277
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280
Affirmed Housing
PP23-0019
PALM DESERT CITY COUNCIL
NOVEMBER 13, 2025
11/13/2025 ITEM 14A 1
281
Project Request
ITEM 14A11/13/2025 2
City Council is being asked to approve a Density Bonus Agreement and one (1) waiver,
which are required to be approved if a streamlined SB 35 project has met all applicable
objective design standards for the “Affirmed Housing” Project (PP23-0019).
Projects that are eligible for the streamlined SB 35 process are to be approved at a
ministerial level, and cities are not allowed to hold public hearings or engage in any
discretionary review of the project.
PP23-0019 Information:
Applicant: Affirmed Housing
Project Type: 298-unit, 3–4 story multifamily affordable housing
Location: Northwest corner of Cook Street & Frank Sinatra Drive
282
Project Timeline
ITEM 14A11/13/2025 3
June - September, 2023: SB 330 Pre-Application and Precise Plan Application (PP23-
0019) submitted for streamlined SB 35 project consideration. The only standards
applicable to this project are those that were in place at the time the project was
deemed complete.
May 23, 2024: Resubmittal received with revised plans and a waiver request under
California Density Bonus Law (§65915).
City staff confirmed project compliance with all objective standards.
May 2024 – October 2025: Ongoing coordination to finalize the draft density bonus
agreement.
283
Vicinity Map
Highway 111
La
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ITEM 14A11/13/2025 4
284
Elevations
11/13/2025 ITEM 14A 5 285
Density Bonus
11/13/2025 ITEM 14A 6
Projects where 100% of the units, excluding manager’s units, are affordable to lower-
income households and located within a very low vehicle travel area are subject to the
following:
- No maximum density
- Up to five incentives or concessions
- A height increase of up to three additional stories or 33 feet
- Flexible parking ratios
The Project includes 100% of the units affordable to low-income households and is
within a very low vehicle travel area.
286
PDMC Compliance
11/13/2025 ITEM 14A 7
The project is consistent with objective design standards for the City of Palm
Desert and was approved, subject to City Council approval of a density bonus
agreement and requested waiver. SB 35 eligible projects are only required to
comply with objective design standards within the City’s Municipal Code.
287
Waiver Requested
PDMC Section 27.12.045 “Control of Building Pad Elevation” requires that “Where the
existing grade is at or below street elevation, […] the maximum finished pad height shall
be no more than twelve inches above the top of curb elevation, measured at the lowest
point along the lot frontage curb line, and be compatible with surrounding adjacent
properties, as determined by the city engineer.”
The Applicant requests a deviation of 29 feet, 6 inches from this requirement. The
northeast corner of the site is the lowest point of the site (223’-6”), and the southwest
corner of the site is the highest point (260’). Adherence to PDMC would require a
maximum finished pad height of 224’-6” across the entirety of the project.
The waiver request is for a maximum finished pad height of 254’, a deviation of 29’- 6”.
Waivers can be granted through a Density Bonus Agreement, as currently proposed.
11/13/2025 ITEM 14A 8
288
Affordability Mix
11/13/2025 ITEM 14A 9
289
Density Bonus Agreement
The City Council approves a density bonus agreement to require continued affordability of units.
Government Code § 65915 precludes the City from applying development standards that wouldn’t allow the project at the allowed density, except if:
1) have a specific adverse impact on health or safety that cannot be feasibly mitigated, 2) have an adverse impact on any real property listed in the California Register of Historical Resources, or 3) be contrary to state or federal law.
The City Council's review of the density bonus agreement is limited to the applicable criteria under Government Code § 65915 and the City's implementing ordinance in accordance with state law.
ITEM 14A11/13/2025 10
290
Recommendation
ITEM 14A11/13/2025 11
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DENSITY
BONUS AGREEMENT AND APPROVING ONE (1) WAIVER FOR THE
AFFIRMED HOUSING AFFORDABLE HOUSING PROJECT LOCATED AT
THE NORTHWEST CORNER OF COOK STREET AND FRANK SINATRA
DRIVE (ASSESSOR’S PARCEL NUMBER 694-200-021).
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Ryan Lamb, Senior Project Manager
SUBJECT: AWARD PROGRESSIVE DESIGN-BUILD CONTRACT TO TILDEN-COIL
CONSTRUCTORS, INC., FOR NEW LIBRARY FACILITY (PROJECT NO.
CFA00027) AND FIND THAT THE PROJECT IS CATEGORICALLY
EXEMPT FROM CEQA
RECOMMENDATION:
1. For purposes of City Policy FIN-009, find that the existing two-story building at the Parkview
Complex is surplus and is suitable for demolition as the building is no longer functional or
needed for public use.
2. Award a Progressive Design-Build Contract to Tilden-Coil Constructors, Inc., of Palm Desert,
California, in the amount of $1,737,227, plus a $170,000 contingency for unforeseen
expenses.
3. Authorize the City Attorney to make necessary non -monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement and any written requests for change
orders up to the contingency amount, amendments, and any other documents necessary to
effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170(B).
5. Authorize the City Manager to execute an Early Construction Package Amendment, in the
amount of $1,326,732, for the demolition of the Parkview Office Building, in accordance with
Palm Desert Municipal Code Section 3.30.170(B).
6. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to
file the NOC upon satisfactory completion of the Project
7. Make a finding that the above actions are categorically exempt from further review under the
State CEQA Guidelines, Sections 15302 (Replacement or Reconstruction) and 15332, (In-
Fill Development Projects), and authorize the City Engineer to file a Notice of Exemption.
BACKGROUND/ANALYSIS:
On October 12, 2023, the City Council voted to withdraw from the Riverside County Library
System, to enable the City to operate the library as a municipal facility, effective July 1, 2024.
The City began operating the library from its current location on the College of the Desert’s main
campus, under a five-year lease agreement with the college. This lease term is expected to
provide sufficient time to design and construct the new City library on City-owned property.
Also in 2023, the City began to evaluate the future of the two -story building at the Parkview
Complex, which had many years of deferred maintenance. Given the extensive amount of
maintenance required, the City began to explore the building’s marketability and feasibility of
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Page 2 of 6
bringing the building up to current standards, or alternately, the demolition of the two -story
building for an alternative use.
On March 28, 2024, Richärd Kennedy Architects (RKA) was awarded the contract for
Conceptual Design Services for a New Library Facility.
On February 27, 2025, the City Council approved the $30 million Conceptual Design of the New
Library Facility planned on the current Parkview Office Complex site, which is a part of the Civic
Center campus. During that meeting, City staff presented site plans and architecture for the
proposed building and discussed how the building would be used and integrated into the Civic
Center. The facility is intended to provide:
A new home for the Palm Desert Library
Community space for public events and shared space for CVAG, Veterans Services, and
Friends of the Library
Visitor Center, Café, and Community Room with adjacent Demonstration Kitchen for a
unique experience for visitors and residents
On March 11, 2025, City and RKA staff presented the design to the City’s Architectural Review
Commission. Feedback from the Commission was received and incorporated into the Schematic
Design documents, which serve as the bridging documentation to support selection of a Design -
Build firm responsible for completing the Construction Documents and constructing the facility.
The two-story building is largely vacant, with one remaining tenant scheduled to vacate by
December 31, 2025.
The Progressive Design-Build scope of work includes two phases:
Phase 1 includes pre-construction services focused on refining the project’s design through the
Design Development phase, developing Construction Documents and obtaining final approvals,
and culminating in a final negotiated Guaranteed Maximum Price (GMP) for Phase 2 services.
The Design-Build firm will be responsible for advancing the fit and finish of the design , while
preserving the intent and integrity of the existing Schematic Design package.
Phase 2 involves Abatement, Demolition, Site Preparation, and Con struction Execution of the
project. This phase will only proceed if the City and the Design-Build firm successfully negotiate
and agree upon the GMP and associated terms. If GMP negotiations are unsuccessful, the City
retains full ownership of all Phase 1 documents and may use them to complete the project
through alternative means.
The Progressive Design-Build contract integrates design and construction services under a
single team, allowing for collaboration early in the project. This approach improves co st control,
enhances coordination, and supports timely decision -making as the design develops. It also
provides flexibility to refine the scope and establish a reliable project budget, helping ensure the
project is delivered efficiently and within the desired timeframe.
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Prior to the demolition, staff will dispose of any remaining personal property of the site in
accordance with Section V(C) of City Policy FIN-009/Resolution No. 2022-99. With respect to
the building demolition, the requirements of the state Surplus Land Act will not apply, as this
action does not involve a sale or lease of the property.
To achieve the project’s substantial completion milestone of December 31, 2027, City staff
recommend executing an Early Construction Package Amendment for the abatement and
demolition of the Parkview Office Building and site preparation activities in advance of new
construction.
Environmental Review:
This proposed Project has been reviewed in accordance with the California Environmental
Quality Act (CEQA). City staff has determined that the Project is categorically exempt from
further review under the State CEQA Guidelines, Sections 15302 (Replacement and
Reconstruction) and 15332, In-Fill Development Projects.
The Project is categorically exempt from furthe r environmental review under State CEQA
Guidelines Section 15302 (Replacement or Reconstruction). The Project involves the removal
of an existing, deteriorated two-story public building on a developed, urban site within the Civic
Center campus, in order to allow for the future construction of a new public facility of substantially
the same purpose and capacity. All work will occur within the existing developed footprint of the
site, and no expansion of use or intensity is proposed as part of this action. Ac cordingly, the
Project qualifies for a Class 2 categorical exemption.
The Project is also exempt per Section 15332 because the Project meets the required conditions
for Class 32:
a) The Project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designations and
regulations; the Project is consistent with the City’s General Plan and applicable
provisions of the Zoning Code (Title 25, section, Chapter 25.22).
b) The Project occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses. The Project is located at 73710 Fred Waring Dr.,
Palm Desert, CA 92260, consists of 2.8 acres, and is surrounded by public institutional
facilities such as a one-story office building within the Parkview Office Complex, Riverside
County Sheriff Substation, and City Hall.
c) The project site has no value, as a habitat for endangered, rare, or threatened species;
the Project site has already been developed and currently has an two-story building on
the parcel. Given the disturbed, urbanized condition of the parcel and the absence of
natural vegetation or open space, the site does not provide habitat capable of supporting
endangered, rare, or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality. The City evaluated the Project based on the existing
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environmental setting, the limited scope of the proposed action, and the Project’s
consistency with surrounding urban uses. Based on these considerations, the City
determined that the Project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services; the
Project site is currently serviced by all required utilities, including but not limited to
electricity, garbage, water, and sewer and therefore will remain adequately serviced
In addition, none of the exceptions to the categorical exemptions as set forth in State CEQA
Guidelines Section 15300.2 applies:
1. Class 32 is not qualified by the location consideration.
2. There is no possibility of a cumulative impact of the same type of project in the same
place over time. There are no other similar development in the immediate area that would
result in cumulative impacts of the same type.
3. The Project is not marked by unusual circumstances. The proposed project occurs
within an established Public Institution (P) zoning district and is typical of development
activity in this area. The Project does not introduce new or intensified uses and does not
differ in nature or scale from other infill projects in the surrounding develo ped context.
Therefore, no unusual circumstances are present that would preclude use of the Class
32 exemption.
4. The Project would not damage scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway officially
designated as a state scenic highway.
5. The Project is not located on a site which is included on any list compiled pursuant to
Section 65962.5 of the Government Code.
6. The Project would not cause a substantial adverse change in the significance of a
historical resource. The existing Parkview Office Buildings are not listed on a local, state
or federal register of historic buildings.
If the Project is approved, a Notice of Exemption will be filed with the County Recorder’s Office
and State Clearinghouse.
Legal Review:
This report has been reviewed by the City Attorney’s office.
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Staff Recommendation:
A Request for Proposals (RFP) was advertised via the City’s procurement portal, OpenGov,
(Project ID# 2025-RFP-207), and two proposals were received electronically on October 23,
2025.
Design-Build Firm Location
Tilden-Coil Constructors, Inc. Palm Desert, CA
AMG & Associates, Inc. Santa Clara, CA
A subcommittee of City staff evaluated qualifications and proposals from the D -B firms.
Jess Culpeper, Director of Capital Projects
Casey Arndt, Deputy Director of Public Works
Ryan Gayler, Capital Projects Manager
Ryan Lamb, Senior Project Manager
The evaluation criteria for the RFP included consideration of the firm’s proposed fee, relevant
experience and performance of both the firm and key team members, the content and quality of
the proposal, and the proposed work plan and schedule. Upon completion o f the evaluation
process, staff concluded that Tilden-Coil Constructors, Inc. demonstrated the requisite
experience, qualifications, and capability to successfully perform the scope of work.
Furthermore, the firm’s proposed fee is consistent with the estab lished project budget.
Therefore, staff recommend awarding the Progressive Design -Build contract to Tilden-Coil
Constructors, Inc.
The remainder of this page is intentionally blank, the report continues on following page.
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FINANCIAL IMPACT:
Funding for this project is included in the approved FY 2025/26 Financial Plan and Five-Year
Capital Improvement Project (CIP) list, utilizing Library Capital and Measure G Funds (4524136-
4400100); and Capital Bond Funds (4514136 -4400100). This action will have no fiscal impact
on the General Fund. The table below outlines project budget and expenses:
Authorized Budgets
Date
Authorized Total
Library
Capital Measure G
Capital
Bond
FY 2024-25 CIP Budget 7/1/2024 4,000,000 4,000,000
FY 2025-26 CIP Budget 7/1/2025 26,000,000 6,000,000 20,000,000
Total Authorized Budget to Date 30,000,000 4,000,000 6,000,000 20,000,000
Authorized Expenditures
Date
Authorized Total
Library
Capital Measure G
Capital
Bond
Conceptual Design: Richärd Kennedy
Architects (C47340) 4/15/2024 642,865 642,865 - -
Cost Estimating: Accenture LLP
(C44810) 4/1/2024 70,295 70,295 - -
Surveying: TKE Engineering (C47460) 5/1/2024 67,500 67,500 - -
Traffic Study: HR Green (A48090) 7/23/2024 50,169 50,169 - -
Geotechnical Engineering: Sladden
Engineering (C49180A) 4/21/2025 9,500 9,500 - -
Lead & Asbestos Survey: Belfor USA
(C49180B) 9/4/2025 12,850 12,850 - -
Staff Time for Fiscal Year 2024-25 6/30/2025 48,574 48,574 - -
Total Authorized Expenditures to Date 901,753 901,753 - -
Progressive Design-Build –
Tilden-Coil Constructors, Inc.: 11/13/2025
Phase 1* 1,737,227 1,737,227 - -
Early Const. Package Amendment* 1,326,732 1,326,732 - -
Contingency 10%* 170,000 34,288 135,712 -
Remaining Project Budget Available 25,864,288 0 5,864,288 20,000,000
*This request
ATTACHMENTS:
1. Progressive Design-Build Contract
2. Early Construction Package Amendment
3. Tilden-Coil Constructors, Inc. Proposal
4. RFP Evaluation Tabulation
5. CEQA Notice of Exemption
6. Presentation (to be distributed prior to the meeting)
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Contract No. _____________
1
CITY OF PALM DESERT
PROGRESSIVE DESIGN-BUILD CONTRACT
BETWEEN THE CITY OF PALM DESERT
AND TILDEN-COIL CONSTRUCTORS, INC.
This Progressive Design-Build Contract (“Contract”) is made and entered into this 13th day
of November, 2025 (“Effective Date”) by and between the City of Palm Desert, a municipal
corporation and charter city 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 (“City”) and Tilden-Coil Constructors, Inc., an S Corporation, with its principal place
of business at 33612 Mission Inn Ave., Riverside, CA 92501 (“Design-Builder”). City and
Design-Builder are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of turnkey design and
construction for the following project:
New Library Facility
Project # CFA00027
(herein after referred to as “Project”)
The Project includes two phases which are more fully described in the Contract Documents
(collectively, “Services” or “Work”):
(1) Preconstruction design phase services (“Phase 1”); and
(2) Final design services and construction services to complete the Project
(“Phase 2”).
B. City issued a Request for Proposals (“RFP”) to interested and qualified firms to a
submit proposal on October 23, 2025 (“Proposal”).
C. City determined that Design-Builder’s Proposal provided the best value to the City
and the City Council has awarded this Contract to Design-Builder at its regular
November 13, 2025, meeting.
D. During Phase 1, Design-Builder shall perform Phase 1 Services consistent with the
requirements of the Contract Documents, during or after which Design -Builder shall
prepare and propose to City, on an Open Book Basis, a Guaranteed Maximum Price
(“GMP”) to complete Phase 2 Services and, if accepted by City, the Parties shall enter
into an amendment to this Contract for Design-Builder’s performance of Phase 2.
E. In entering into this Contract, the Parties expressly agree that City is under no
obligation to proceed with Phase 2.
F. Design-Builder warrants and represents that it is duly licensed in the State of
California and is able and qualified to perform the Services for the Project.
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Contract No. _____________
2
G. The Parties desire to enter into this Contract for the purpose of setting forth the terms
and conditions upon which Design-Builder will complete the Project.
TERMS
1. CONTRACT DOCUMENTS.
Incorporation of Recitals; Contract Documents.
1.1 The above referenced recitals are true and correct and are incorporated into
this Contract by this reference. This Contract includes and hereby incorporates in full by
reference the following documents which are the “Contract Documents”, including al l
exhibits, drawings, specifications and documents therein, and attachments and addenda
thereto:
(i) Progressive Design-Build Contract
(ii) General Conditions (Attachment 1)
(iii) Phase 1 Scope of Services (Attachment 2)
(iv) Special Conditions (Attachment 3)
(v) Design-Builder’s Cost Proposal Form (Attachment 4)
(vi) Performance Bond (Attachment 5)
(vii) Payment Bond (Attachment 6)
(viii) GMP Amendment (Attachment 7)
(ix) RFP and all addenda, attachments and appendices
(x) Design-Builder Certifications from Proposal
(xi) GMP Amendment
(xii) Change Orders
(xiii) Permits
(xiv) Construction Documents
1.2 Use of Defined Terms. Any capitalized term herein not defined in the
Contract, or other Contract Documents, shall have the meaning set forth in the General
Conditions.
1.3 Integration/Modification. The Contract Documents and any documents
specifically incorporated by reference are completely integrated as the complete and
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Contract No. _____________
3
exclusive statement of the terms of this Contract. This Contract supersedes all previous
contracts, agreements, and/or communications, both oral and written, and constitutes the
entire understanding of City and Design-Builder. No extrinsic evidence whatsoever shall be
admissible or used to explain or supplement the terms of this Contract, Contract Documents,
or any items incorporated by reference.
2. DESIGN-BUILDER’S SERVICES AND RESPONSIBILITIES.
2.1 Phase 1.
(a) Phase 1 Services. Design-Builder promises and agrees to furnish to
City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately perform Phase 1 and complete Phase 1 Services
consistent with the requirements in the Contract Documents. The Phase 1 Services are
more particularly in the Contract Documents, including, without limitation, Attachment 2.
(b) Phase 1 Commencement. Design-Builder shall commence the
performance of Phase 1 Services upon City’s issuance of a Notice to Proceed to complete
Phase 1 Services in accordance with the Contract Documents. City has no obligation to
issue a Notice to Proceed for Phase 1 Services. All Phase 1 Services performed by Design -
Builder prior to City’s issuance of a Notice to Proceed shall be at Design-Builder’s sole risk.
(c) Phase 1 Term. Design-Builder shall commence the performance of
Phase 1 upon City’s issuance of a Notice to Proceed and shall complete the Phase 1 Work
within 180 calendar days of City’s issuance of the Notice to Proceed. Design-Builder shall
not be entitled to any costs due to any impacts, disruption, or delays occurring during
performance of Phase 1 Services. If City or any other party exceeds or fails to meet any
time limit provided in the Contract Documents for performance of any action during Phase
1 Services, Design-Builder’s sole remedy shall be an adjustment of the time period for
performance of Phase 1 Services. Any delay that occurs during Phase 1 shall have no
impact on City’s right to terminate Phase 1 at any time as provided in the General
Conditions.
(d) Early Purchase Items; Early Construction Packages. The Parties may
agree to have Design-Builder procure Early Purchase Items and perform Early Construction
Packages prior to commencing Phase 2.
2.2 Phase 2.
(a) Guaranteed Completion Date. Design-Builder shall complete Phase 2
within the Guaranteed Completion Date. As of the Effective Date, the Guaranteed
Completion Date has not been agreed to by the Parties. The Guaranteed Completion Date
will be established in a GMP Amendment, and it shall run from the Notice to Proceed for
Phase 2 even if issued prior to completion of the 100% Construction Documents.
(b) Commencement of Phase 2. Design-Builder shall not commence Work
for Phase 2 until City executes a GMP Amendment and issues a Notice to Proceed for
Phase 2. Design-Builder may request a Notice to Proceed with Construction Work prior to
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Contract No. _____________
4
completion of the 100% Construction Documents, and City may issue same, provided that
Design-Builder shall not construct any portion of the Project until the design of such portion
has been issued for construction.
(c) Work Packages. City and Design-Builder may agree to complete the
Construction Work in multiple stages with individual Work Packages. Each Work Package
would be a discrete and defined portion of the Project that includes its own GMP and
Milestone Date, agreed to by the Parties in a GMP Amendment. City may issue Work
Packages that Design-Builder can perform concurrently.
3. DESIGN-BUILDER’S COMPENSATION.
3.1 Phase 1 Compensation.
(a) City shall pay Design-Builder a lump sum amount of One Million Seven
Hundred Thirty-Seven Thousand Two Hundred Twenty-Seven and 00/100 Dollars
($1,737,227.00) for performance of the Phase 1 Services based on the Work satisfactorily
performed and accepted by City pursuant to the Contract Documents, subject to any
additions or deductions as provided in the Contract Documents (“Phase 1 Fee”). The Phase
1 Fee includes any and all costs and expenses required to provide the Phase 1 Services.
City shall not be liable to Design-Builder for any other costs or expenses paid or incurred by
Design-Builder in performing Phase 1 Services, except as expressly provided for in this
Contract.
3.2 Phase 2 Compensation.
(a) Construction Phase Compensation. Design-Builder’s compensation for
Phase 2 Services shall be the Phase 2 Price as further described, and subject to, the
limitations set forth below and as indicated in the Contract Documents. Design -Builder
expressly agrees and acknowledges that, as of the Effective Date, D esign-Builder is not
entitled to any compensation for Phase 2 Services, and shall only be entitled to such
compensation if: (1) City accepts the Design -Builder’s GMP Proposal; (2) the Parties
execute, and the City Council or its designee approves, a GMP Am endment; and (3) City
issues a Notice to Proceed for Phase 2.
4. DESIGN-BUILDER’S CONTRACTOR’S LICENSE AND REGISTRATION.
Design-Builder shall have only appropriately licensed contractors performing work on
the Project as required by the Business and Professions Code. Design-Builder (License
No. CA #208556) shall act as the licensed contractor for the Project. Design-Builder shall
perform all services required under the Contract Documents in a skillful and competent
manner, consistent with the standards generally recognized as being employed by
professionals qualified to perform such services in the same discipline in the State of
California, and the Design-Builder shall be fully responsible to City for any damages and/or
delays to the Project as specified in the Contract. The licensed contractor shall be registered
with the Department of Industrial Relations to perform public work (DIR Registration
#1000000518).
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Contract No. _____________
5
5. DESIGN-BUILDER’S DESIGN PROFESSIONAL.
Design-Builder shall name a specific person to act as the Design Professional as
described in the General Conditions, subject to the approval of City. Design-Builder hereby
designates Thomas Howell of Holt Architecture (License No. CA #31626) to act as the
Design Professional for the Project. Design-Builder’s Design Professional shall perform all
Design Work required under the Contract Documents in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
qualified to perform such services in the same discipline in the State of California, and
Design-Builder shall be fully responsible to City for any damages and/or delays to the Project
as specified in the indemnification provisions of the Contract. Any change in the Design
Professional shall be subject to City’s prior written approval, which approval shal l not be
unreasonably withheld. The new Design Professional shall be of at least equal competence
as the prior Design Professional. In the event that City and Design -Builder cannot agree as
to the substitution of a new Design Professional, City shall be en titled to terminate this
Contract as described in the General Conditions.
6. AUTHORITY OF SIGNATORIES.
The persons executing this Contract on behalf of their respective Parties represent
and warrant that they have the authority to do so under law and from their respective Parties.
[SIGNATURES ON FOLLOWING PAGE]
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Contract No. _____________
6
SIGNATURE PAGE TO PROGRESSIVE DESIGN BUILD CONTRACT
BY AND BETWEEN THE CITY OF PALM DESERT
AND TILDEN-COIL CONSTRUCTORS, INC.
IN WITNESS WHEREOF, the Parties hereby execute this Progressive Design -Build
Contract as of the Effective Date.
CITY OF PALM DESERT
By:
Chris Escobedo
City Manager
Attest:
By: __________________________
Anthony J. Mejia
City Clerk
Approved as to Form:
By:
Isra Shah
City Attorney
TILDEN-COIL CONSTRUCTORS, INC.,
AN S CORPORATION
By:
Dayne Brassard
President and CEO
By:
Greg Lackey
CFO, Secretary and Treasurer
208556 B – General
Contractor’s License Number and
Classification
1000000518
DIR Registration Number
Clerk QC: _______
Contract QC: ______
Insurance:
__________
Initial Review
__________
Final Approval
Bonds: _______
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Contract No. _____________
Attachment 1 – General Conditions
7
ATTACHMENT 1
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS; TERMINOLOGY
1.1 Applicability.
1.2 Defined Terms.
1.3 Terminology.
ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
2.1 Intent of Contract Documents.
2.2 Reference Standards; Interpretation of Contract Documents.
2.3 Order of Precedence.
2.4 Amending and Supplementing Contract Documents.
2.5 Examining Contract Documents, Project Site.
2.6 Reuse of Documents.
2.7 Ownership and Use of Construction Documents.
2.8 Confidential Information.
ARTICLE 3 - INDEMNIFICATION; INSURANCE; BONDS
3.1 Indemnification.
3.2 Insurance.
3.3 Performance Bond and Payment Bond.
ARTICLE 4 - CITY RESPONSIBILITIES
4.1 Availability of Site.
4.2 Administration of the Contract by City.
ARTICLE 5 - DESIGN-BUILDER’S RESPONSIBILITIES
5.1 General Responsibilities.
5.2 Design Work.
5.3 Staffing of Project.
5.4 Subcontractors.
5.5 Safety Requirements.
5.6 Security.
5.7 Hazardous Waste.
5.8 Water Quality Management and Compliance.
5.9 Environmental Requirements.
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Contract No. _____________
Attachment 1 – General Conditions
8
5.10 Labor Requirements.
ARTICLE 6 - COST OF CONSTRUCTION WORK
6.1 Early Work and Purchases.
6.2 Guaranteed Maximum Price.
6.3 Composition of Guaranteed Maximum Price.
6.4 Convert GMP to Lump Sum Price.
6.5 Self-Performed Construction Work.
6.6 Key Subcontractors.
6.7 Subcontracted Construction Work.
6.8 GMP Proposal.
6.9 GMP Amendment.
ARTICLE 7 - SUBMITTALS; SHOP DRAWINGS
7.1 Submittals.
7.2 Shop Drawings and Sample Submittal Procedures.
ARTICLE 8 - MATERIALS; EQUIPMENT
8.1 Materials, Equipment.
8.2 Test and Inspections of Work.
ARTICLE 9 - PROJECT SITE
9.1 Use of Project Site.
9.2 Preservation and Restoration of Property.
9.3 Conditions at Project Site.
9.4 Ownership of Site Materials Found.
9.5 Existence of Utilities at the Work Site.
9.6 Trenches.
9.7 Differing Site Conditions.
ARTICLE 10 - PROSECUTION OF THE WORK
10.1 Access to Work.
10.2 Construction Quality Assurance, Quality Control.
10.3 Design-Builder’s Performance of Services.
10.4 Related Projects; Cooperation.
10.5 Traffic Control.
10.6 Record Drawings.
10.7 Defective Work.
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Contract No. _____________
Attachment 1 – General Conditions
9
10.8 Partial Utilization.
ARTICLE 11 - SCHEDULE; CONTRACT TIME
11.1 Progress and Completion.
11.2 Time for Completion.
11.3 Extension of Time for Completion.
11.4 Liquidated Damages.
11.5 Schedule.
ARTICLE 12 - CHANGE IN CONTRACT PRICE; CHANGE IN CONTRACT TIMES
12.1 Phase 1 Changes.
12.2 Phase 2 Changes.
12.3 Partnering.
12.4 Procedure for Resolving Claims.
ARTICLE 13 - COMPLETION; GUARANTEE OF WORK
13.1 Final Completion.
13.2 Guarantee of Work.
ARTICLE 14 - TERMINATION; SUSPENSION
14.1 Termination of Phase 1 Services.
14.2 Suspension of Phase 1 Services by City.
14.3 Suspension of Work by City.
14.4 Termination of Work for Cause by City.
14.5 Termination of Work for Convenience by City.
ARTICLE 15 - MEASUREMENT; PAYMENT
15.1 Payment of Compensation for Phase 1 Services.
15.2 Payment of Compensation for Phase 2 Work.
15.3 Payments to Subcontractors.
15.4 Final Acceptance and Payment.
ARTICLE 16 - MISCELLANEOUS CONTRACT PROVISIONS
16.1 Separate Contracts.
16.2 Notice.
16.3 Notice of Third Party Claims.
16.4 Cumulative Remedies.
16.5 Survival of Obligations.
16.6 Controlling Law.
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Contract No. _____________
Attachment 1 – General Conditions
10
16.7 Jurisdiction; Venue.
16.8 Prohibited Interests.
16.9 Severability.
16.10 Headings.
16.11 City’s Right to Audit.
16.12 Assignment.
16.13 Assignment of Antitrust Actions.
16.14 State License Board Notice.
16.15 Change In Name Or Nature of Design-Builder’s Legal Entity.
16.16 Other Legal Provisions.
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ARTICLE 1 - DEFINITIONS; TERMINOLOGY
1.1 Applicability.
A. These General Conditions govern Phase 1, Phase 2, and completion of the
Project by Design-Builder.
1.2 Defined Terms.
A. Wherever used in the Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings indicated which are
applicable to both the singular and plural thereof. In addition to terms
specifically defined below, terms with initial capital letters in the Contract
Documents include references to identified articles and paragraphs, and the
titles of other documents or forms.
1. Act of God – Act of God is an earthquake of magnitude 3.5 or higher on the
Richter Scale or a tidal wave.
2. Additional Work – New or unforeseen work when City’s Representative
determines that it is not covered by the Contract Documents.
3. Allowance – A sum used by City for categories of Construction Work that
cannot be established at the time of a GMP Amendment.
4. Applicable Laws – The laws, statutes, ordinances, rules, codes, regulations,
permits, and licenses of any kind, issued by local, state or federal
governmental authorities, or private authorities with jurisdiction (including
utilities), to the extent they apply to the Project.
5. Background Documents – Key documents provided to Design-Build Entity
prior to the commencement of Phase 1 to further understand the
requirements of the Project. Background Documents are not a Contract
Document.
6. Certificate of Final Completion – A certificate issued by City that the Work
is entirely complete and in all respects is in compliance with the Contract
Documents, including, but not limited, to the Punch List for the Work, as
further described in the Contract Documents.
7. Change Order – A document that authorizes an addition, deletion, or
revision in the Work or an adjustment in the Phase 1 Fee, GMP, Phase 2
Price or the Contract Time in accordance with the Contract Documents and
in the form contained in the Contract Documents.
8. Change Order Request – A request made by Design-Builder for an
adjustment in the Phase 1 Fee, GMP, Phase 1 Price or Contract Time as
the result of a Design-Builder-claimed change to the Work.
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9. City Council – The City Council of the City of Palm Desert.
10. City’s Representative – The person designed by City to act as its
representative during the performance of the Contract, and identified in the
Special Conditions, or other person authorized to act for and on behalf of
City, acting either directly or through properly authorized agents, such
agents acting severally within the scope of the particular duties entrusted
to them.
11. Claim – A demand or assertion by City or Design-Builder seeking an
adjustment of the Phase 1 Fee, GMP, Phase 2 Price, Contract Time, or
other relief with respect to the terms of the Contract. A demand for money
or services by a third party is not a Claim.
12. Concurrent Delay – When the City-caused delay to the Critical Path occurs
simultaneously with a Design-Builder caused delay to the Critical Path.
13. Construction Documents – The Drawings and Technical Specifications
prepared by Design-Builder for the Project and accepted by City. The
Construction Documents shall set forth in detail all items necessary to
complete the construction (other than such details customarily provided by
others during construction) of the Project in accordance with the Contract
Documents. Following commencement of Phase 2, Construction
Documents become part of the Contract Documents upon their completion
and acceptance by City. All amendments and modifications to the
Construction Documents must be approved by City in writing.
14. Construction Work – That portion of the Work on the Project consisting of
the provision of labor, materials, furnishings, equipment and services in
connection with the construction of the Project as set forth in the Contract
Documents.
15. Contract – The entire integrated written agreement between City and
Design-Builder concerning the Work. “Contract” may be used
interchangeably with “Agreement” in the Contract Documents.
16. Contract Price – The sum total of all compensation due to Design Builder
for all Phase 1 Services and Phase 2 Services under the Contract.
17. Contract Time – The number of days or the dates stated in the Contract
Documents or GMP Amendment to achieve defined Milestone Dates, if any,
and to complete the Work by the Guaranteed Completion Date.
18. Critical Path – A sequence of logically tied activities that represents the
longest path within a project, which determines the shortest possible
duration. Any delay of activity completion along this path will proportionately
affect the completion date of the project.
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19. CPM Schedule – A scheduling method that uses a network diagram to
depict the sequences of tasks required to complete the Project, or a portion
thereof, which are known as paths. Once the paths are defined, the duration
of each path is calculated by an algorithm to identify the Critical Path, which
determines the total duration of the Project, or a portion thereof.
20. Critical Supply Shortage – An unusual shortage in materials that is (a)
supported by documented proof that Design-Builder made every effort to
obtain such materials from all available sources; (b) such shortage is due
to the fact that such materials are not physically available from single or
multiple sources or could have been obtained only at exorbitant prices
entirely inconsistent with current and standard rates taking into account the
quantities involved and the usual industry practices in obtaining such
quantities; and (c) such shortages and the difficulties in obtaining alternate
sources of materials could not have been known or anticipated by Design -
Builder at the time it entered a GMP Amendment. Market fluctuations in
prices of materials, whether or not resulting from a Force Majeure Event,
does not constitute a Critical Supply Shortage.
21. Day – A calendar day of 24 hours measured from midnight to the next
midnight.
22. Defective Work – Work that is unsatisfactory, faulty, or deficient; or that
does not conform to the Contract Documents; or that does not meet the
requirements of any inspection, reference standard, test, or approval
referenced in the Contract Documents.
23. Design-Builder – The individual or entity with which City has contracted for
performance of the Work.
24. Design-Builder Contingency – An amount approved by City and part of a
GMP that Design-Builder may use with the written approval of City for
unanticipated work as further described in the Contract Documents.
25. Design-Builder Representative – The person or firm identified as the
primary contact person and representative of Design-Builder as designated
in the Contract and who shall not be changed without prior written consent
of City.
26. Design-Builder Self-Performance Fee – Design-Builder’s fee for its home
office overhead and profit applied to Design-Builder’s Direct Cost and
Indirect Cost, as further described in the Contract Documents.
27. Design-Builder’s Proposal – The statement of qualifications submitted by
Design-Builder in response to the RFP.
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28. Design-Builder Subcontractor Fee – Design-Builder’s fee for its home office
overhead and profit applied to Subcontractor Construction Cost, as further
described in the Contract Documents.
29. Designer of Record – The individual, partnership, corporation, joint venture,
or other legal entity completing the Design Work on the Project and who
provides the Design Professional for the Project.
30. Design Professional – The individual named in the Contract who will provide
the required architectural, engineering, and other professional services
required for the coordinated design of the Project and the administration of
construction.
31. Design Work – The portion of the Work on the Project consisting of the
design services and design deliverables required to be provided in
connection with the design of the Project as set forth in the Contract
Documents.
32. Differing Site Conditions – Concealed or latent physical conditions or
subsurface conditions at the Site that: (i) Design -Builder believes may be
hazardous waste, as defined in Section 25117 of the Health and Safety
Code, that is required to be removed to a Class I, Class II, or Class III
disposal site in accordance with provisions of existing law; (ii) materially
differ from those indicated in the Background Documents; or (iii) are of an
unusual nature, differing materially from the conditions ordinarily
encountered and generally recognized as inherent in the Work. The term
Differing Site Conditions does not include, among other things, conditions
of which Design-Builder had knowledge of as of the applicable GMP
Amendment date, including conditions that could reasonably have been
known, discovered or revealed as a result of the examinations,
investigations, explorations, tests or studies of the Site required to be
performed by Design-Builder as part of Design Work, including, but not
limited to, the Design-Builder’s analysis and validation of the Background
Documents, or that Design-Builder could have reasonably inferred based
on its experience and expertise.
33. Direct Cost – Verifiable cost necessarily incurred in the performance of
Construction Work and more particularly described in the General
Conditions.
34. Drawings – The graphic and pictorial portions of the Contract Documents
showing the design, location, and dimensions of the Work to be done on
the Project, generally including plans, elevations, sections, details,
schedules, and diagrams prepared as part of the Construction Documents.
35. Early Construction Package – Construction Work negotiated separately
from Phase 2 to commence demolition, grading, site preparation, utility
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work, mobilization or other work prior to the start of Phase 2. Design -
Builder shall perform an Early Construction Package subject to the
requirements of the Contract Documents for Construction Work.
36. Early Construction Package Amendment – An approved amendment to the
Contract authorizing Design-Builder to perform an Early Construction
Package subject to the requirements of the Contract Documents for
Construction Work.
37. Early Purchase Item – Long lead procurement items (manufactured/
fabricated items, equipment, materials and supplies) for the Project.
38. Early Purchase Item Amendment – An approved amendment to the
Contract authorizing Design-Builder to commence procurement of an Early
Purchase Item.
39. Effective Date of the Contract – The date indicated in the Contract on which
it becomes effective, but if no such date is indicated, it means the date on
which the Contract is signed and delivered by the last of the two parties to
sign and deliver.
40. Final Completion – The time at which Work has been entirely completed by
Design-Builder, and City has accepted Work, at the sole discretion of City,
as further described in the Contract Documents.
41. Force Majeure Event – 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 occurring at the Site; (2) terrorism or other acts of a public
enemy; (3) orders of governmental authorities (including, without limitation,
unreasonable and unforeseeable delay in the issuance of permits or
approvals by governmental authorities that are required for the Work); (4)
pandemics, epidemics or quarantine restrictions; (5) strikes and other
organized labor action occurring at the Site and the effects thereof on the
Work, only to the extent such strikes and other organized labor action are
beyond the control of Design-Builder and its Subcontractors, of every Tier,
and to the extent the effects thereof cannot be avoided by use of
replacement workers; and (6) a Critical Supply Shortage. 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 City in its capacity as a mun icipal
authority.
42. General Conditions Cost – The costs for activities, facilities, and services
required to support the Construction Work and manage the Project site,
without mark-up, which shall include, without limitation, those items listed
in a GMP Amendment as further described in the Contract Documents.
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43. General Contractor – The individual, partnership, corporation, joint venture,
or other legal entity that is licensed as a California general contractor and
is the prime contractor on the Project.
44. Governmental Approvals – Any permit, license, authorization, consent,
certification, exemption, grant, waiver, ruling, entitlement, variance or other
approval, and any revision, modification, amendment, supplement, renewal
or extension of any of the foregoing, issued by a Governmental Body of
whatever kind and however described, which is required under Applicable
Law to be obtained or maintained by any person with respect to the Project.
45. Governmental Body – Any federal, state, regional or local legislative,
executive, judicial or other governmental board, department, agency,
authority, commission, administration, court or other body, or any official
thereof, other than the City Council, having jurisdiction in any way over or
in respect of any aspect of the performance of the Contract or the Project.
46. Guaranteed Completion Date – The time within in which Design-Builder
must achieve Final Completion of the Project.
47. Guaranteed Maximum Price or GMP – The maximum possible
compensation paid by City to Design-Builder for the performance and
completion of the Phase 2 Work, subject to any additions or deductions as
provided in the Contract Documents. There may be more than one GMP on
the Project, which may be specific to a particular Stage.
48. GMP Amendment – A written amendment duly executed by the Parties
resulting from Design-Builder submitting a GMP Proposal and the Parties
agreeing to a mutually acceptable GMP. There may be more than one GMP
Amendment on the Project, which may be specific to a particular Stage.
49. GMP Proposal – Design-Builder’s proposal to City to complete Phase 2, or
a portion thereof, and further described in the Contact Documents.
50. Hazardous Waste – Any substance: the presence of which requires
investigation or remediation under any federal, state or local law, statute,
regulation, ordinance, order, action, policy, or common law; which is or
becomes defined as a "hazardous waste," "hazardous substa nce,"
pollutant, or contaminant under any federal, state or local law, statute,
regulation, rule or ordinance, or amendments thereto, including, without
limitations, the Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERCLA"), as amended,
or the Resource, Conservation and Recovery Act, as amended, 42 U.S.C.
Section 6901 et seq. ("RCRA"); which is petroleum, including crude oil or
any fraction thereof not otherwise designated as a “hazardous substance”
under CERCLA including, without limitation, gasoline, diesel fuel, or other
petroleum hydrocarbons; which is toxic, explosive, corrosive, flammable,
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infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous
and is or becomes regulated by any regulatory agency or instrumentality or
the United States; the presence of which on the Site causes or threatens to
cause a nuisance upon the Site or to the adjacent properties or poses or
threatens to pose a hazard to the health or safety of persons on o r about
the Site; the presence of which on adjacent properties could constitute a
trespass by Design-Builder or City; or as defined in the California Health
and Safety Code. For the purposes of the Contract, “Hazardous Waste”
shall also include, but are not limited to, “Underground Storage Tanks.”
"Underground Storage Tank" shall have the definition assigned to that term
by Section 9001 of RCRA, 42 U.S.C. Section 6991, and also shall include:
any tank of one thousand one hundred (1,100) gallons or less capacity used
for storing motor fuel; any tank used for storing heating oil for consumption
on the premises where stored; any septic tank; and any pipes connected to
the above items.
51. Holidays – Holidays occur on:
New Year’s Day - January 1
Martin Luther King Jr. Day – Third Monday of January
President’s Day – Third Monday of February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Day - December 25
New Years’ Eve December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding
Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday
and the following Monday are both Holidays.
52. Key Personnel – Design-Builder’s personnel identified as key to the overall
success of the Project, and, at a minimum, including those positions defined
as Key Personnel in Design-Builder’s Proposal. Key Personnel are
specifically identified in the Special Conditions.
53. Key Subcontractor – A Subcontractor identified in Design Builder’s Proposal
that Design Builder contracts with to fulfill a key role in Design Builder
completing the Project. If any, Key Subcontractors are identified in the
Special Conditions.
54. Key Subcontractor Fee – A Key Subcontractor’s fee for its home office
overhead and profit applied to a Key Subcontractor’s Direct Cost and
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Indirect Cost, as further described in the Contract Documents. If any, Key
Subcontractor Fee is identified in the Special Conditions.
55. Liens – Charges, security interests, or encumbrances upon Project funds,
or personal property, including without limitation Stop Payment Notices.
56. Lump Sum Price – If allowed by City as a substitute for a GMP, the
maximum possible compensation paid by City to Design -Builder for the
performance and completion of Work, subject to any additions or deductions
as provided in the Contract Documents. There may be more than one Lump
Sum Price on the Project, which may be specific to a particular Stage.
57. Milestone Date – The date upon which Design-Builder is required to
complete an Early Construction Package, Work, Work Package, Stage, or
particular element or component of the Project. A Milestone Date may be
defined as a date certain or as a number of calendar days or working days
from a Notice to Proceed or other event.
58. Notice to Proceed – A written notice given by City to Design-Builder fixing
the date on which Design-Builder may proceed with a Phase, Early
Construction Package, Early Purchase Item, GMP, Work, Work Package,
Stage, or a particular element or component of the Project, and when the
Contract Time will commence to run.
59. Open Book Basis – Design-Builder’s provided information, including
estimates and pricing, that shows all assumptions, data, and other
substantiation supporting the information presented and that allows City to
check and verify the accuracy of the material presented. This entails all
information Design-Builder used to develop the cost under consideration,
including labor, fringe, benefits, equipment, materials, productivity,
estimating factors, allowances, risk, contingency, indirect costs, discount
rates, interest rates, inflation, insurance, bonding, fees, overhead, profit,
and other items that comprise the cost.
60. Payment Bond – The labor and materials payment bond provided by
Design-Builder’s surety to secure the payment obligations of Design-Builder
for Work, as described in and maintained pursuan t to the Contract and in
the form set forth in the Contract Documents.
61. Performance Bond – The performance bond provided by Design-Builder’s
surety to secure performance of Work, as described in and maintained
pursuant to the Contract and in the form set forth in the Contract
Documents.
62. Phase – Either Phase 1 or Phase 2.
63. Phase 1 – The first phase of the Project requiring Design-Builder to perform
Design Work as further described in the Phase 1 Scope of Services.
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64. Phase 1 CPM Schedule – A CPM Schedule to complete the Phase 1
Services within the Contract Time. The detailed requirements for the Phase
1 CPM Schedule are described in the Contract Documents.
65. Phase 1 Fee – The amount to be paid by City to Design-Builder as full
compensation for performance of Phase 1 Services and completion of the
Phase 1 Services, subject to any additions or deductions as provided in the
Contract Documents.
66. Phase 2 – The second phase of the Project requiring Design-Builder to
complete the Design Work, commence the Construction Work, and
complete the Project, as further described in the Contract Documents.
67. Phase 2 CPM Schedule – A CPM Schedule to complete the Phase 2 Work
on the Project within the Contract Time. The detailed requirements for the
Phase 2 CPM Schedule are stated in the Contract Documents.
68. Phase 2 Price – The total price established by the Parties for Design
Builder’s performance of Phase 2 Work and completion of the Phase 2
Work, in accordance with the Contract Documents and as reflected in a
GMP Amendment, subject to any additions or deductions as provide in the
Contract Documents. There may be more than one GMP Amendment that
is part of the Phase 2 Price.
69. Project – The total design, construction, and performance of the Work and
all other requirements of the Contract Documents.
70. Project Warranty – A written guarantee provided to City by Design-Builder
that Work remain free of defects and suitable for its intended use for the
period required by the Contract Documents or the longest period permitted
by the law of this State, whichever is longer, as further described in the
Contract Documents.
71. Punch List – A list of items for the Project, prepared by the City, which
remain to be replaced or completed in accordance with the requirements
for Final Completion of Work.
72. Record Drawings – The record set of as-builts prepared by Design-Builder
during the Project that reflect all changes made in the Construction
Documents during Phase 2, and show the exact dimensions, geometry, and
location (including alignment points) of all elements of the Work completed
under the Contract Documents.
73. Request for Information or RFI – Design-Builder’s written request to City for
clarification about a Project condition.
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74. Request for Proposals or RFP – The request for proposals issued by City
for the Project and includes all documents, exhibits, attachments, and
addenda thereto.
75. Safety Plan – Design-Builder’s plan for health and safety in implementing
the Construction Work, to be developed as part of Phase 1 Services in
accordance with the Contract Documents.
76. Samples – Physical examples of materials, equipment, or workmanship that
are representative of some portion of the Work and which establish the
standards by which such portion of the Work will be judged.
77. Schedule of Submittals – A schedule, prepared and maintained by Design-
Builder, of required submittals and the time requirements to facilitate
scheduled performance of related construction activities.
78. Security Plan – Design-Builder’s plan for security at the Site in implementing
the Construction Work, to be developed as part of Phase 1 in accordance
with the Contract Documents.
79. Self-Performed Construction Work – Construction Work performed by
Design-Builder with its own forces in accordance with the Contract
Documents.
80. Separate Contractor – A person, or firm, under separate contract with City
performing other work at the Project site which may affect the Work.
81. Shop Drawings – All drawings, diagrams, illustrations, schedules, and other
data or information which are specifically prepared or assembled by or for
Design-Builder and submitted by Design-Builder to illustrate some portion
of the Work.
82. Site – Lands or areas indicated in the Contract Documents as b eing
furnished by City upon which the Work is to be performed, including rights -
of-way and easements for access thereto, and such other lands furnished
by City which are designated for the use of Design-Builder.
83. Stage – A discrete and defined portion of the Project that requires its own
GMP and Milestone Date.
84. Stop Payment Notice – A written notice as defined in Civil Code section
8044.
85. Subcontractor Construction Cost – Any and all costs by a Subcontractor
with a direct contract with Design-Builder to perform Construction Work.
What constitutes Subcontractor Construction Cost is further defined in the
General Conditions.
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86. Subcontracted Construction Work – Construction Work performed by a
Subcontractors, but not Key Subcontractors or Design-Builder, with their
own forces in accordance with the Contract Documents.
87. Subcontractor – An individual or entity that has a contract with Design-
Builder for performance of any portion of Work and, where applicable, any
lower Tier subcontractors performing Services.
88. Submittal - Written or graphic information and physical samples prepared
and supplied by Design-Builder demonstrating various portions of the Work.
89. Supplier – A manufacturer, fabricator, supplier, distributor, material man, or
vendor having a direct contract with Design-Builder or with any
Subcontractor to furnish materials or equipment used in the performance of
the Work or to be incorporated in the Work.
90. Task Order – An order issued by City that authorizes Design -Builder to
proceed with certain Design Work during Phase 1.
91. Technical Specifications – That part of the Construction Documents
consisting of written requirements for materials, equipment, systems,
standards and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto.
92. Tier – The contractual level of a Subcontractor or supplier or consultant with
respect to Design-Builder. For example, a first tier Subcontractor is under
subcontract with Design-Builder, a second tier Subcontractor is under
subcontract with a first tier Subcontractor, and so forth.
93. Underground Facilities – All underground pipelines, conduits, ducts, cables,
wires, manholes, vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid petroleum products,
telephone or other communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or other control systems.
94. Work – The entire design and construction, or the various separately
identifiable parts thereof, required to be provided under the Contract
Documents. Work includes and is the result of performing or providing all
labor, services, and documentation necessary to produce such design and
construction, and furnishing, installing, and incorporating all materials and
equipment into such design and construction, all as required by the Contract
Documents.
95. Work Package – A package of Work for specific scopes of the Project
developed by Designer of Record as part of the Construction Documents
that are self-performed by Design-Builder or awarded to a Subcontractor. A
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Work Package may be a discrete and defined portion of the Project that
contains (or will contain) its own GMP and Contract Time for completion.
96. Work Product – All papers, maps, models, estimates, plans, specifications,
calculations, designs, studies, surveys, reports, data, notes, computer files,
documents, drawings and other work product developed by Design-Builder
pursuant to the Contract Documents, including, but not limited to, the
Construction Documents.
1.3 Terminology.
A. The words and terms below are not defined but, when used in the Contract
Documents, have the indicated meaning.
1. The word “furnish,” when used in connection with services, materials, or
equipment, shall mean to supply and deliver said services, materials, or
equipment to the Project site (or some other specified location) ready
for use or installation and in usable or operable condition.
2. The word “install,” when used in connection with services, materials, or
equipment, shall mean to put into use or place in final position said
services, materials, or equipment complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with
services, materials, or equipment, shall mean to furnish and install said
services, materials, or equipment complete and ready for intended use.
4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used
in connection with services, materials, or equipment, an obligation of
Design-Builder is implied.
B. Unless stated otherwise in the Contract Documents, words or phrases that
have a well-known technical or construction industry or trade meaning are used
in the Contract Documents in accordance with such recognized meaning.
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ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
2.1 Intent of Contract Documents.
A. Complementary. The Contract Documents are complementary; what is
required by one is as binding as if required by all. It is the intent of the Contract
Documents to describe a functionally complete Project (or part thereof) to be
designed and constructed in accordance with the Contract Documents. Any
labor, documentation, services, materials, or equipment that reasonably may
be inferred from the Contract Documents or from prevailing custom or trade
usage as being required to produce the indicated result will be provided
whether or not specifically called for, at no additional cost to City.
B. Completion of Work. Design-Builder shall furnish, unless otherwise provided in
the Contract Documents, all materials, implement s, machinery, equipment,
tools, supplies and labor necessary to the prosecution and completion of the
Project. If utilities to equipment or fixtures are not shown but are necessary to
operate the equipment or fixtures, the utilities service installation is considered
to be part of the Work. The implied Work will conform to the appropriate
sections of the Contract Documents. Organization of the Contract Documents
into divisions, sections, and articles, and arrangement of drawings shall not
control Design-Builder in dividing Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
2.2 Reference Standards; Interpretation of Contract Documents.
A. Standards, Specifications, Codes, Laws, and Regulations. Reference to
federal specifications, federal standards, state standards, other standards,
specifications, manuals, or codes of any technical society, organization, or
association, or to Applicable Laws, whether such reference be specific or by
implication, shall mean the standard, specification, manual, code, or Applicable
Laws in effect at the time of the Effective Date, and in case of Work during
Phase 2, when the Parties executed a GMP Amendment, except as may be
otherwise specifically stated in the Contract Documents.
B. Responsibilities. No provision of any such standard, specification, manual, or
code, or any instruction of a Supplier, shall be effective to change the duties or
responsibilities of City, Design-Builder, or any of their Subcontractors,
consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City,
or any of their officers, directors, members, partners, employees, agents,
consultants, or Subcontractors, any duty or authority to supervise or direct the
performance of Work or any duty or authority to undertake responsibility
inconsistent with the provisions of the Contract Documents.
C. Provisions Required by Law. Each and every provision of law required by law
to be inserted in the Contract Documents shall be deemed to be inserted
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herein, and the Contract Documents shall be read and enforced as though it
were included herein, and if through mistake or otherwise any such provision
is not inserted, or is not correctly inserted, then upon application of either party
the Contract shall be amended in writing to make such insertion or correction.
D. Interpretation of Contract Documents. Unless otherwise stated in the Contract
Documents, technical words and abbreviations contained in the Contract
Documents are used in accordance with commonly understood design
professional and construction industry meanings; nontechnical words and
abbreviations are used in accordance with their commonly understood
meanings. The Contract Documents may omit modifying words such as “all”
and “any,” and articles such as “the” and “an,” but the fact that a modifier or an
article is absent from one statement and appears in another is not intended to
affect the interpretation of either statement. The use of the word “including,”
when following any general statement, shall not be construed to limit such
statement to specific items or matters set forth immediately following such word
or to similar items or matters, whether or not non limiting language (such as
“without limitation,” “but not limited to,” or words of similar import) is used with
reference thereto, but rather shall be deemed to refer to all other items or
matters that could reasonably fall within the broadest possible scope of such
general statement. Whenever the context so requires, the use of the singular
number shall be deemed to include the plural and vice versa. Each gender
shall be deemed to include any other gender, and each shall include a
corporation, partnership, trust, or other legal entity, whenever the context so
requires. The captions and headings of the various subdivisions of the Contract
Documents are intended only for reference and convenience and in no way
define, limit, or prescribe the scope or intent of the Contract Documents or any
subdivision thereof.
2.3 Order of Precedence.
A. Conflicts. Except as may be otherwise specifically stated in the Contract
Documents, the provisions of the Contract Documents shall take precedence
in resolving any conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and the provisions of any standard,
specification, manual, or code, or the instruction of any Supplier (whether or
not specifically incorporated by reference in the Contract Documents); or the
provisions of any Applicable Laws (unless such an interpretation of the
provisions of the Contract Documents would result in violation of such
Applicable Law).
B. Resolving Conflicts. In resolving conflicts among any of the Contract
Documents, the order of precedence shall be as follows:
1. Permits from other agencies as may be required by law;
2. Change Orders, most recent first;
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3. GMP Amendment, most recent first;
4. Progressive Design-Build Contract;
5. Special Conditions;
6. Construction Documents, as follows:
a. Technical Specifications
b. Drawings, which shall also be interpreted as follows:
(i) Figures govern over scaled dimensions
(ii) Detail drawings govern over general drawings
(iii) Drawings govern over standard drawings
7. Drawings govern over Shop Drawings
8. Phase 1 Scope of Services;
9. General Conditions;
10. RFP and all addenda, attachments and appendices;
11. Design-Builder Certifications from RFP;
12. Design-Builder’s Proposal in response to RFP;
13. To the extent applicable, in the following order:
a. Local agency standards and specifications
b. Standard drawings
c. Reference documents
C. Notwithstanding the orders of precedence established above, in the event of
conflicts, the higher standard, higher quality and most expensive shall always
apply.
2.4 Amending and Supplementing Contract Documents.
A. The Contract Documents may be amended to provide for additions, deletions,
and revisions in the Work or to modify the terms and conditions thereof only by
a Change Order.
B. The requirements of the Contract Documents may be s upplemented, and
minor variations and deviations in the Work may be authorized at no cost to
City, by one or more of the following ways:
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1. City’s Representative’s review of a Submittal, Shop Drawing, Sample or
substitution request without exception (subject to the provisions of the
Contract Documents); or
2. City’s Representative’s issuance of a response to an RFI.
C. However, no review or RFI response will reduce or modify Design -Builder’s
obligation to fully satisfy and comply with the requirements of the Contract
Documents.
2.5 Examining Contract Documents, Project Site.
A. Confirming Contract Documents. City and Design-Builder acknowledge that
the Contract Documents may differ in some respect(s) from the other
documents included in the RFP upon which Design-Builder based its Proposal.
Prior to the commencement of design and construction on the Project, the
Parties shall confirm, in writing, the final form of the Contract Documents that
are to be utilized. Specifically, once approved by City, the Construction
Documents become a part of the Contract Documents and define the entire
scope of Work, so long as such documents incorporate all minimum
requirements of the Background Documents. Design-Builder shall certify that
the Construction Documents are in full compliance with the Contract
Documents, except as noted.
B. Examining Contract Documents. Before commencing any Work on the Project,
Design-Builder shall carefully examine the Contract, the Contract Documents,
the Background Documents and other information given to D esign-Builder as
to Project requirements. Design-Builder shall immediately notify City’s
Representative of any perceived or alleged error, inconsistency, ambiguity, or
lack of detail or explanation in such documents in writing. Neither Design-
Builder nor any Subcontractor shall take advantage of any apparent error or
omission which may be found in the Contract, the Contract Documents, the
Background Documents or other information given to Design-Builder. If
Design-Builder or its Subcontractors, material or equipment suppliers, or any
of their officers, agents, and employees performs, permits, or causes the
performance of any Work under the Contract, which it knows or should have
known to be in error, inconsistent, or ambiguous, or not sufficiently detailed o r
explained, Design-Builder shall bear any and all costs arising therefrom
including, without limitation, the cost of correction thereof without increase or
adjustment to the Contract Price or the Contract Time. In no case shall any
Subcontractor proceed with Work if uncertain without Design-Builder’s written
direction and/or approval.
C. Contract Document Conformance with Laws. Before commencing any Work on
the Project, Design-Builder shall check and review the Contract Documents,
including the Construction Documents, for conformance and compliance with
all laws, ordinances, codes, rules and regulations of all governmental
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authorities and public utilities affecting the construction and operation of the
physical plant of the Project, all quasi-governmental and other regulations
affecting the construction and operation of the physical plant of the Project, and
other special requirements, if any, designated in the Contract. In the event
Design-Builder observes any violation of any law, ordinance, code, rule or
regulation, or inconsistency with any such restrictions or special requirements
of the Contract, Design-Builder shall immediately notify City’s Representative
in writing of the same and shall cause to be corrected any such violation or
inconsistency in the manner provided hereunder. Design-Builder shall be solely
liable for any such violation, inconsistency or special requirement, if Design -
Builder fails to conduct such review or notification to City.
D. Examination of Project Site. As part of Phase 1 and prior to a GMP
Amendment, Design-Builder shall inspect and become familiar with the Site, its
physical condition relevant to the obligations of Design-Builder pursuant to the
Contract, including surface and subsurface conditions, normal and usual soil
conditions, roads, Underground Facilities, topographical conditions and air and
water quality conditions and shall, among other things, review the Contract
Documents, including, but not limited to, the Background Documents, relative
to the Site. Design-Builder shall be familiar with all local and other conditions
which may be material to Design-Builder’s performance of the Work (including
transportation; seasons and climate; access, availability, disposal, handling
and storage of materials and equipment; and availability and quality of labor);
Design-Builder shall have received and reviewed all information regarding the
Site provided to or developed by it in connection with the Work pursuant to the
Contract; and Design-Builder shall have made all other Site investigations that
it deems necessary to make a determination as to the suitability of the Site and
to submit a Phase 1 Proposal to City in accordance with the Contract
Documents. Design-Builder’s Phase 1 Proposal shall serve as a representation
by Design-Builder that, based on the foregoing, that the Site constitutes an
acceptable and suitable site for the Work and that the Work can be performed
on the Site within the Contract Price and in accordance with the Contract
Documents, including the schedule requirements of the Contract.
E. Reporting and Resolving Discrepancies. The Contract Documents are
intended to be fully cooperative and complementary. Before undertaking each
part of the Work, Design-Builder shall carefully study and compare the Contract
Documents and check and verify pertinent figures therein and all applicable
field measurements. Design-Builder shall promptly report in writing to City any
conflict, error, ambiguity, or discrepancy which Design-Builder discovers,
should have discovered, or has actual knowledge of, and shall obtain a written
interpretation or clarification from City before proceeding with any Work
affected thereby. If, during the performance of the Work, Design -Builder
discovers any conflict, error, ambiguity, or discrepancy within the Contr act
Documents, or between the Contract Documents and (i) any Applicable Law,
(ii) any standard, specification, manual, or code, or (iii) any instruction of any
Supplier, Design-Builder shall promptly submit a written RFI to City. Design-
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Builder shall not proceed with the Work affected thereby (except in an
emergency) until an amendment or supplement to the Contract Documents has
been issued by one of the methods indicated in the Contract Documents, and
any Work performed by Design-Builder before receipt of an amendment or
supplement shall be at Design-Builder’s own risk.
F. Responsibility for Review of Contract Documents. Design-Builder shall be
solely responsible for any errors, inconsistencies or omissions in the Contract
Documents if Design-Builder fails to perform such review and examination or
fails to report such errors, inconsistencies or omissions to City in writing.
2.6 Reuse of Documents.
A. Design-Builder and any Subcontractor shall not have or acquire any title to or
ownership rights in any of the Construction Documents or other documents (or
copies of any thereof) prepared by or bearing the seal of the Designer of
Record or its consultants, including electronic media editions; or reuse of any
such Construction Documents, other documents, or copies thereof on
extensions of the Project or any other project without written consent of City.
The prohibitions of this Article will survive final payment, or termination of the
Contract. Nothing herein shall preclude Design-Builder from retaining copies of
the Contract Documents for record purposes.
2.7 Ownership and Use of Construction Documents.
A. Ownership and Use. The Construction Documents, and all copies thereof,
furnished to, or provided by, Design-Builder are the property of City. Design-
Builder hereby assigns to City all right, title, and interest, including any
copyrights, patents, or any other intellectual property rights in all Work Product
and all ideas, methods or information specifically developed as Work Product.
Design-Builder will take such steps as are necessary to perfect or protect the
ownership interest of City in such Work Product. Upon completion, expiration
or termination of the Contract, Design-Builder shall turn over to City all such
original Work Product in Design-Builder’s possession or control. City shall have
unlimited rights, for the benefit of City, in all Work Product and other Work
developed in the performance of the Contract for the Project, including the right
to re-use details of the Construction Documents on any other City work at no
additional cost to City. Design-Builder, for a period up to five (5) years from the
date of completion of the Project, agrees to furnish and to provide access to
the originals or copies of all such materials immediately upon the written
request of City. Any use or reuse by City of the Construction Documents on
any project other than this Project without employing the services of Design -
Builder shall be at City’s own risk with respect to third parties. If City uses or
re-uses the Construction Documents on any project other than this Project, it
shall remove the Designer of Record’s seal from the Construction Documents
and hold harmless Design-Builder, Designer of Record, and their officers,
directors, agents and employees from claims arising out of the use or re-use of
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the Construction Documents on such other project. Upon completion,
expiration or termination of the Contract, Design -Builder shall turn over to City
all such original Work Product in Design-Builder’s possession or control.
B. Design Subcontractors. To the extent Design-Builder does not directly perform
Design Work, Design-Builder shall acquire a license meeting the requirements
of this Article 2.7 from each of its designers in order to convey the rights to City.
Further, in the event that a subconsultant to Design-Builder, or any other party
that is not in privity with City under the Contract, maintains any right to a
copyright or other intellectual property right in any portion of the Work Product,
Design-Builder shall obtain from that party a grant of a non-exclusive and
perpetual license in favor of City as described in Article 2.7(A) above. Design -
Builder shall deliver said license to City prior to the subconsultant or other
design entity performing any work on the Project. City’s obligation to
compensate Design-Builder shall not commence until the license is delivered.
C. Use of Design. Design professionals responsible for performing Design Work
on behalf of Design-Builder shall have sole liability for their design errors and
omissions, provided City elects to use their complete and stamped designs with
subsequent design-build entities or licensed contractors.
2.8 Confidential Information.
A. No Unauthorized Disclosure. All information gained or Work Product produced
by Design-Builder in the performance of the Contract will be considered
confidential, unless such information is in the public domain. Design -Builder
shall not release or disclose any such information or Work Product to persons
or entities other than City without the prior written consent of Cit y, except as
otherwise required by law. Design-Builder shall promptly notify City should
Design-Builder, or its representatives, be served summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories,
requests for admissions or other discovery request or court order from any third
party regarding the Contract and the Services performed under the Contract.
B. Media. Design-Builder shall not comment publicly to the press or any other
media or issue any news release or public relati ons item of any nature
whatsoever regarding the Contract without prior review of the contents thereof
by City and receipt of City’s written permission.
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ARTICLE 3 -INDEMNIFICATION; INSURANCE; BONDS
3.1 Indemnification.
A. General Indemnification. To the fullest extent permitted by law, Design-Builder
shall immediately defend (with counsel of City’s choosing), indemnify and hold
harmless City, its officials, officers, employees, agents, and authorized
volunteers, and each of them from and against:
1. Any and all claims, demands, causes of action, costs, expenses, injuries,
losses or liabilities, in law or in equity, of every kind or nature whatsoever,
but not limited to, injury to or death, including wrongful death, of any person,
and damages to or destruction of property of any person, arising out of,
related to, or in any manner directly or indirectly connected with Phase 1,
Phase 2, Work or the Contract, including claims made by Subcontractors
for nonpayment, including without limitation the payment of all
consequential damages and attorney’s fees and other related costs and
expenses, however caused, regardless of whether the allegations are false,
fraudulent, or groundless, and regardless of any negligence of City or its
officials, officers, employees, agents, or authorized volunteers (including
passive negligence), except such loss or damages caused by the sole
negligence or willful misconduct or active negligence of City or its officials,
officers, employees, or authorized volunteers.
2. Any and all actions, proceedings, damages, costs, expenses, fines,
penalties or liabilities, in law or equity, of every kind or nature whatsoever,
arising out of, resulting from, or on account of the violation of any Applicable
Law, compliance with which is the responsibility of Design-Builder.
3. Any and all losses, expenses, damages (including damages to the Project
itself), attorney’s fees, and other costs, including all costs of defense which
any of them may incur with respect to the failure, neglect, or refusal of
Design-Builder to faithfully perform the Work and all of Design-Builder’s
obligations under Contract. Such costs, expenses, and damages shall
include all costs, including attorney’s fees, incurred by the indemnified
parties in any lawsuit to which they are a party.
4. Design-Builder’s defense and indemnity obligation herein includes, but is
not limited to damages, fines, penalties, attorney’s fees and costs arising
from claims under the Americans with Disabilities Act (ADA) or other federal
or state disability access or discrimination laws arising from Design-
Builder’s Work during the course of construction of the improvements or
after the Project is complete, as the result of defects or negligence in
Design-Builder’s construction of the Work.
B. Design Professional Indemnification. Design-Builder’s obligation to defend,
indemnify, and/or hold harmless arises out of Design-Builder’s performance
as a “design professional” (as that term is defined under Civil Code Section
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2782.8), then, and only to the extent required under Civil Code Section 2782.8,
which is fully incorporated herein, Design-Builder’s indemnification obligation
shall be limited to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Design-Builder, and, upon Design-
Builder obtaining a final adjudication by a court of competent jurisdiction,
Design-Builder’s liability for such claim, including the cost to defend, shall not
exceed Design-Builder’s proportionate percentage of fault.
C. Defense. Design-Builder shall immediately defend, at Design-Builder’s own
cost, expense and risk, with the counsel of City’s choosing, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against City or its officials, officers, employees, agents, or
authorized volunteers. Design-Builder shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, officers,
employees, agents, or authorized volunteers, in any such suit, action or other
legal proceeding. Design-Builder shall reimburse City and its officials, officers,
employees, agents, and authorized volunteers for any and all legal expenses
and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. The only limitations on this provision shall be those
imposed by Civil Code section 2782.
D. Survival, Insurance. The provisions of this Article shall survive the termination
of the Contract howsoever caused, and no payment, partial payment, or
acceptance of occupancy in whole or part of the Work shall waive or release
any of the provisions of this Article. Design-Builder’s obligation to indemnify
and defend City shall not be restricted to insurance proceeds, if any, received
by City and its officials, officers, employees, agents, and authorized volunteers.
3.2 Insurance.
A. Time for Compliance. Design-Builder shall not commence Work under the
Contract until it has provided evidence to City that it has secured all insurance
required under this Article. Design-Builder shall require and verify that all
Subcontractors maintain insurance meeting all the requirements stated herein.
Design-Builder shall not allow any Subcontractor to commence work on any
subcontract until it has provided evidence to City that Subcontractor has
secured all insurance required under this Article.
B. Minimum Requirements. Design-Builder shall, at its expense, procure and
maintain for the duration of the Contract insurance against claims for injuries
to persons or damages to property which may arise out of or result from the
performance of the Work and Design-Builder’s other obligations under the
Contract Documents whether by Design-Builder, its agents, representatives,
employees or subcontractors. Design-Builder shall also require all of its
Subcontractors to procure and maintain the same insurance for the duration of
the Contract and verify the Subcontractor’s compliance. Design-Builder’s and
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Subcontractor’s insurance shall meet at least the minimum levels of coverage
set forth in this Article:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage
form number CA 0001, code 1 (any auto) or if Design-Builder has no owned
autos, non-owned, leased or hired autos Code 8 (hired) and Code 9 (non -
owned); (3) Workers’ Compensation and Employer’s Liability: Workers’
Compensation insurance as required by the State of California and
Employer’s Liability Insurance; (4) Installation Floater/Builder’s Risk: “All
Risk All Perils” form; and (5) Professional Liability/Errors and Omissions.
The policies shall not contain any exclusion contrary to the Contrac t,
including but not limited to endorsements or provisions limiting coverage for
(1) contractual liability or (2) cross liability for claims or suits by one insured
against another.
2. Minimum Limits of Insurance. Design-Builder shall maintain limits no less
than:
a. For Commercial General Liability, Design-Builder shall have limits of
at least the amount that corresponds to the Contract Price in the
following table:
Contract Price Amount of Liability Insurance
If Commercial General Liability Insurance or other form with general
aggregate limit is used including, but not limited to, form CG 25 03, either
the general aggregate limit shall apply separately to the Project or the
general aggregate limit shall be twice the required occurrence limit. Should
any of the Work involve aircraft (fixed wing or helicopter) owned or operated
by Design-Builder, liability insurance with limits of not less than $5,000,000
per occurrence for bodily injury and property damage is required. Should
any of the Work involve watercraft owned or operated by Design -Builder,
liability insurance with limits of not less than $5,000,000 per occurrence for
bodily injury and property damage is required.
b. Automobile Liability: $1 million per accident for bodily injury and
property damage.
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c. Workers’ Compensation and Employer’s Liability:
(i) Workers’ Compensation: statutory limits.
(ii) Employer’s Liability limits of $1 million per accident for bodily
injury or disease.
(iii) Should any of the Work be upon or contiguous to navigable
bodies of water, Design-Builder shall carry insurance covering its
employees for benefits available under the Federal
Longshoremen's and Harbor Worker's Act to the extent required
by law;
d. Excess/Umbrella Liability Policy may be provided to insure the total
limits required for Commercial General Liability and Automobile
Liability and must apply to all primary coverage afforded, including
but not limited to general liability, owned and non -owned
automobiles, leased and hired cars.
e. Professional Liability/Errors and Omissions: $2,000,000 per claim.
3. Notices; Cancellation or Reduction of Coverage. At least fifteen (15)
Days prior to the expiration of any such policy, evidence showing that
such insurance coverage has been renewed or extended shall be filed
with City. If such coverage is cancelled or materially reduced, Design -
Builder shall, within ten (10) Days after receipt of written notice of such
cancellation or reduction of coverage, file with City evidence of
insurance showing that the required insurance has been reinstated or
has been provided through another insurance company or companies.
In the event any policy of insurance required under the Contract 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
Design-Builder or City may withhold amounts sufficient to pay premium
from Design-Builder payments. In the alternative, City may suspend or
terminate the Contract.
C. Insurance Endorsements. The insurance policies shall contain the following
provisions, or Design-Builder shall provide endorsements on forms approved
by City to add the following provisions to the insurance policies:
1. General Liability. The general liability policy shall include or be endorsed
(amended) to state that: (1) using ISO CG forms 20 10 and 20 37
(including completed operations), or endorsements providing the exact
same coverage, City, its officials, officers, employees, agents, and
volunteers and any other additional insureds named in the Special
Conditions shall be covered as additional insureds with respect to the
Work or ongoing and completed operations performed by or on behalf
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of Design-Builder, including materials, parts or equipment furnished in
connection with such work; and (2) using ISO form 20 01, or
endorsements providing the exact same coverage, the insurance
coverage shall be primary insurance as respects City, its officials,
officers, employees, agents, and volunteers and any other additional
insureds named in the Special Conditions, or if excess, shall stand in an
unbroken chain of coverage excess of Design -Builder’s scheduled
underlying coverage. Any excess insurance shall contain a provision
that such coverage shall also apply on a primary and noncontributory
basis for the benefit of City, before City’s own primary insurance or self-
insurance shall be called upon to protect it as a named insured. Any
insurance or self-insurance maintained by City, its officials, officers,
employees, agents, and volunteers and any other additional insureds
named in the Special Conditions shall be excess of Design -Builder’s
insurance and shall not be called upon to contribute with it in any way.
2. Automobile Liability. The automobile liability policy shall include or be
endorsed (amended) to state that: (1) City, its off icials, officers,
employees, agents, and volunteers and any other additional insureds
named in the Special Conditions shall be covered as additional insureds
with respect to the ownership, operation, maintenance, use, loading or
unloading of any auto owned, leased, hired or borrowed by Design-
Builder or for which Design-Builder is responsible; and (2) the insurance
coverage shall be primary insurance as respects City, its officials,
officers, employees, agents, and volunteers and any other additional
insureds named in the Special Conditions, or if excess, shall stand in an
unbroken chain of coverage excess of Design -Builder’s scheduled
underlying coverage. Any insurance or self-insurance maintained by
City, its officials, officers, employees, agents, and volunteers and any
other additional insureds named in the Special Conditions shall be
excess of Design-Builder’s insurance and shall not be called upon to
contribute with it in any way.
3. Workers’ Compensation and Employer’s Liability Coverage. The insurer
shall agree, using WC 00 03 13 or the exact equivalent, to waive all
rights of subrogation against City, its officials, officers, employees,
agents, and volunteers and any other additional insureds named in the
Special Conditions for losses paid under the term s of the insurance
policy.
4. Professional Liability/Errors and Omissions. Professional Liability
Insurance insuring the Design-Builder, Designer of Record, their
officers, directors, stockholders, employees, agents, or partner, and all
other persons for whose acts the Design-Builder or Designer of Record
may be liable, against any and all liabilities arising out of or in connection
with the negligent acts, errors or omissions of any of the foregoing in
connection with the carrying out of their professional re sponsibilities
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described in the Contract. Professional Liability Insurance shall remain
in full force and effect and shall be certified to City by the insurer, for a
period of five (5) years after the completion of all Design-Builder’s
services hereunder and City’s acceptance of the Project. All
Subcontractors performing professional services shall have professional
liability insurance with the same limits (additional requirements for
Professional Liability/Errors and Omissions Insurance written on a
“claims made” basis are set forth below).
5. All Coverages. Each insurance policy required by the Contract shall be
endorsed to include the following provisions:
a. coverage shall not be suspended, voided, reduced or canceled
except after thirty (30) Days (10 Days for nonpayment of premium)
prior written notice by mail has been given to City and all additional
insureds.
b. any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided
to City and any other additional insureds.
c. standard separation of insureds provisions.
d. no special limitations on the scope of protection afforded to City, its
officials, officers, employees, agents, and volunteers and any other
additional insureds named in the Special Conditions.
e. waiver of any right of subrogation of the insurer against City, its
officials, officers, employees, agents, and volunteers, or any other
additional insureds, or shall specifically allow Design-Builder or
others providing insurance in compliance with these specifications to
waive their right of recovery prior to a loss. By signing this
agreement, Design-Builder hereby waives its own right of recovery
against City or any other additional insureds, and shall require similar
written express waivers and insurance clauses from each of its
Subcontractors.
D. Builder’s Risk [“All Risk”]
1. It is Design-Builder’s responsibility to maintain or cause to be maintained
Builder’s Risk [“All Risk”] extended coverage insurance on all work,
material, equipment, appliances, tools, and structures that are or will
become part of the Work and subject to loss or damage by fire, and
vandalism and malicious mischief, in an amount to cover 100% of the
replacement cost. City accepts no responsibility for the Work until the
Work is formally accepted by City. Design-Builder shall provide a
certificate evidencing this coverage before commencing performance of
the Work.
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2. The named insureds shall be Design-Builder, all Subcontractors of any
Tier (excluding those solely responsible for Design Work), suppliers, and
City, its elected officials, officers, employees, agents and authorized
volunteers, as their interests may appear. Design-Builder shall not be
required to maintain property insurance for any portion of the Work
following acceptance by City.
3. Policy shall be provided for replacement value on an “all risk” basis.
There shall be no coinsurance penalty provision in any such policy.
Policy must include: (1) coverage for any ensuing loss from faulty
workmanship, nonconforming work, omission or deficiency in design or
specifications; (2) coverage against machinery accidents and
operational testing; (3) coverage for removal of debris, and insuring the
buildings, structures, machinery, equipment, materials, facilities, fixtures
and all other properties constituting a part of the Project; (4) transit
coverage, including ocean marine coverage (unless insured by the
supplier), with sub-limits sufficient to insure the full replacement value of
any key equipment item; and (5) coverage with sub-limits sufficient to
insure the full replacement value of any property or equipment stored
either on or off the Site. Such insurance shall be on a form acceptable
to City to ensure adequacy and sublimit.
4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the
performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit.
c. Coverage shall include Design-Builder’s tools and equipment.
d. Insurance shall include boilers, machinery and material hoist
coverage.
e. City shall be named Loss Payee.
E. Pollution Liability Insurance. Pollution Liability Insurance is required should any
of the Project involve pollutants. Liability coverage shall include coverage for
the environmental risk associated with the project and expenses related to
such, including bodily injury, property damage, on and off-site clean-up,
transporting, carrying, or storing pollutants, coverage for non-owned disposal
site in an amount not less than that set forth in the Special Conditions.
Pollutants include, but are not limited to, asbestos, mold, microbial matter,
solid, liquid, gaseous or thermal irritants or contaminants, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes
materials to be recycled, reconditioned, or reclaimed.
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F. Receipt and Application of Insurance Proceeds. Any insured loss under the
policies of insurance required herein will be adjusted with City and made
payable to City as fiduciary for the loss payees, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of the
provisions herein. City shall deposit in a separate account any money received
and shall distribute it in accordance with such agreement as the parties in
interest may reach. If no other special agreement is reached, the damaged
Work shall be repaired or replaced, the moneys so received applied on account
thereof, and the Project and the cost thereof covered by an appropriate Change
Order. City as fiduciary shall have power to adjust and settle any loss with the
insurers unless one of the parties in interest shall object in writing to City’s
exercise of this power within fifteen (15) Days after the occur rence of loss. If
such objection be made, City as fiduciary shall make settlement with the
insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached, City as
fiduciary shall adjust and settle the loss with the insurers and, if required in
writing by any party in interest, City as fiduciary shall give bond for the proper
performance of such duties.
G. Partial Utilization, Acknowledgment of Property Insurer. If City finds it
necessary to occupy or use a portion or portions of the Project prior to
Completion of all the Work, no such use or occupancy shall commence before
the insurers providing the property insurance have acknowledged notice
thereof and in writing effected any changes in coverage necessitated thereby.
The insurers providing property insurance shall consent by endorsement on the
policy or policies, but the property insurance shall not be canceled or permitted
to lapse on account of any such partial use or occupancy.
H. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by City. Design-Builder shall
guarantee that, at the option of City, either: (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its
officials, officers, employees, agents, and volunteers and any other additional
insureds named in the Special Conditions; or (2) Design -Builder shall procure
a bond guaranteeing payment of losses and related investigation costs, claims,
and administrative and defense expenses.
I. Claims Made Policies. Claims-made policies are not acceptable other than for
Professional Liability. In addition to the requirements above, for any claims
made policy: The Retroactive Date must be shown and must be before the date
of the Contract or the beginning of contract work; Insuran ce must be maintained
and evidence of insurance must be provided for at least five (5) years after
City’s acceptance of the Work; and If coverage is canceled or non -renewed,
and not replaced with another claims-made policy form with a Retroactive Date
prior to the contract effective date, Design-Builder must purchase “extended
reporting” coverage for a minimum of five (5) years after City’s acceptance of
the Work.
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J. Subcontractor Insurance Requirements. Design-Builder shall not allow any
Subcontractors to commence work on any subcontract relating to the Work until
Design-Builder has verified that all Subcontractors maintain insurance meeting
all requirements under this Section and has provided evidence to City of such
insurance. For Commercial General Liability coverage, Subcontractors shall
provide coverage naming City, its officials, officers, employees, agents, and
volunteers with a format at least as broad as CG 20 38 04 13. If requested by
Design-Builder, City may approve different scopes or minimum limits of
insurance for Subcontractors. Design-Builder shall confirm that City shall be
named as additional insureds on all Subcontractors' Commercial General
Liability Insurance and Commercial Automobile Insurance policies. The
Design-Builder shall require all subcontractors to maintain insurance coverage
for the types specified above, including but not limited to Builder’s Risk,
Pollution Liability, General Liability, Automobile Liability, Workers’
Compensation, and Professional Liability, at the same or great er limits as
required for the Design-Builder. The Design-Builder shall ensure that
subcontractors maintain such coverage throughout the term of the Project. The
policies shall not contain any exclusion contrary to the Contract, including but
not limited to endorsements or provisions limiting coverage for:
• Contractual liability; or
• Cross liability for claims or suits by one insured against another.
K. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best’s rating of no less than A:VIII and are licensed to do business in
California. The insurer must be satisfactory to City.
L. Verification of Coverage. Design-Builder shall furnish City with original
certificates of insurance and endorsements evidencing coverage required by
the Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and endorsements must be received and approved by City
before work commences. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
M. Reservation of Rights. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
3.3 Performance Bond and Payment Bond.
A. Generally. Prior to Design-Builder’s commencement of Construction Work,
shall submit Performance Bonds and Payment Bonds on the forms provided
with the Contract Documents, duly executed by a responsible corporate surety
admitted to transact surety business in the St ate of California, as defined in
Code of Civil Procedure section 995.120, and listed in the United States
Department of the Treasury circular entitled "Companies Holding Certificates
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of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies," authorized to do business in the State of California
and acceptable to City conditioned upon the faithful performance by Design -
Builder of all requirements of the Contract Documents. The obligations of the
Performance Bond surety shall continue so long as any obligation of Design -
Builder remains. Nothing herein shall limit City’s rights or Design-Builder’s or
surety’s obligations under the Contract, law or equity, including, but not limited
to, California Code of Civil Procedure section 337.15.
B. Amount of Bonds. The Performance Bond and Payment Bond shall be in a sum
no less than one hundred percent (100%) of the Contract Price. No payment
will be made to Design-Builder until the bonds have been approved by City.
The amount of the Performance Bond and the Payment Bond shall be
increased by Design-Builder to reflect the adjustment to the Contract Price.
Design-Builder shall, upon request of City, cause the amount of the bonds to
be increased accordingly and shall promptly deliver satisfactory evidence of
such increase to City. The bonds shall further provide that no change or
alteration of the Contract (including, without limitation, an increase in the Phase
2 Price), extensions of time, or modifications of the time, terms, or conditions
of payment to Design-Builder will release the surety. If Design-Builder fails to
furnish any required bond, City may terminate the Contract for cause.
C. Monitoring of Sureties. Design-Builder shall be responsible throughout the
Project for monitoring the financial condition of any surety issuing bonds under
the Contract and for making inquiries no less often than annually to confirm
that each such surety complies with the qualification requirements specified in
this Article. In the event any surety is declared bankrupt or becomes insolvent
or has the rights to do business in the state terminated, Design -Builder shall
promptly notify City of such event and shall promptly take steps to ensure
continued compliance with this Article by furnishing or arranging for the
furnishing of a substitute or additional bond of a surety whose qualifications
satisfy all above requirements.
D. Insufficient Bonds. Should, in City’s sole opinion, any bond becomes
insufficient, or surety found to be unsatisfactory, Design-Builder shall renew or
replace the effected bond within 10 Days of receiving notice from City. In the
event the surety or Design-Builder intends to reduce or cancel any required
bonds, at least thirty (30) Days prior written notice shall be given to City, and
Design-Builder shall post acceptable replacement bonds at least ten (10) Days
prior to expiration of the original bonds. No further payments shall be deemed
due or will be made under the Contract until any replacement bonds required
by this Article are accepted by City.
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ARTICLE 4 -CITY RESPONSIBILITIES
4.1 Availability of Site.
A. City shall furnish the Project site. City shall notify Design-Builder of any
encumbrances or restrictions not of general application but specifically related
to use of the Project site with which Design-Builder must comply in performing
the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities. Design -
Builder shall provide for all additional land and access thereto that may be
required for temporary construction facilities or storage of materials and
equipment at no additional cost to City.
4.2 Administration of the Contract by City.
A. Generally. City’s Representative shall have the right to review Design-Builder’s
Work at such intervals as deemed appropriate by City’s Representative. No
actions taken during such review or site visit by City’s Representative shall
relieve Design-Builder of any of its obligations of single point responsibility for
the design and construction of this Project. City’s Representative will not have
control over, will not be in charge of, and will not be responsible for design or
construction means, methods, techniques, sequences, or procedures, or for
safety precautions and programs in connection with the W ork on the Project,
these are solely Design-Builder’s responsibility.
B. Communication. Except as otherwise provided in the Contract Documents or
when direct communications have been specifically authorized, City and
Design-Builder shall communicate through City’s Representative.
Communications by Design-Builder with City’s consultants and City’s
Representative’s consultants shall be through City’s Representative.
Communications by City and City’s Representative with Subcontractors will be
through Design-Builder. Communications by Design-Builder and
Subcontractors with Separate Contractors shall be through City’s
Representative. Design-Builder shall not rely on oral or other non -written
communications.
C. Authority. City’s Representative will have the authority to reject Work on the
Project, or any portion thereof, which does not conform to the Contract
Documents. City’s Representative will have the authority to stop Work on the
Project, or any portion thereof. Whene ver City’s Representative considers it
necessary, or advisable, for implementation of the intent of the Contract
Documents, City’s Representative will have the authority to require additional
inspection or testing of the Work on the Project in accordance with the Contract
Documents, whether or not such Work is fabricated, installed, or completed.
City’s Representative will have the authority to conduct inspections in
connection with beneficial occupancy and to determine the dates of Project
completion; and will receive for review and approval any records, written
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warranties, and related documents required by the Contract Documents and
assembled by Design-Builder. However, no authority of City’s Representative
conferred by the Contract Documents nor any decision made in good faith
either to exercise, or to not exercise such authority, will give rise to a duty or
responsibility of City or City’s Representative to Design-Builder, or any person
or entity claiming under, or through, Design-Builder.
D. Interpretation. City’s Representative will be, in the first instance, the interpreter
of the requirements of the Contract Documents and the judge of performance
thereunder by Design-Builder. Should Design-Builder discover any conflicts,
omissions, or errors in the Construction Documents or the Contract
Documents; have any questions about the interpretation or clarification of the
Contract Documents; question whether Work is within the scope of the
Contract Documents; then, before proceeding with the Work affected, Design-
Builder shall notify City’s Representative in writing and request interpretation,
or clarification. City’s Representative’s response to questions and requests for
interpretations, clarifications, instructions, or decisions will be made with
reasonable promptness. Should Design-Builder proceed with the Work
affected before receipt of a response from City’s Representative, any portion
of the Work on the Project which is not done in accordance with City’s
Representative’s interpretations, clarifications, instructions, or decisions shall
be removed or replaced and Design-Builder shall be responsible for all
resultant losses.
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ARTICLE 5 - DESIGN-BUILDER’S RESPONSIBILITIES
5.1 General Responsibilities.
A. Generally. Design-Builder agrees that it has single point responsibility for the
design and construction of this Project and agrees to utilize the highest
standard of excellent design, engineering and construction practices. Unless
otherwise provided in the Contract Documents, Design-Builder shall provide
and pay for all professional design/engineering services, services, labor,
materials, equipment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services necessary for
proper execution and completion of the Work on the Project, whether
temporary or permanent and whether or not incorporated or to be incorporated
in Work on the Project. Design-Builder shall supervise, coordinate, and direct
all Work on the Project using Design-Builder’s best skill and attention and
applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. Design-Builder shall be solely
responsible for, and have control over, the ent ire design effort, construction
means, methods, techniques, sequences, procedures, and the coordination of
all portions of Work on the Project. Design-Builder shall be responsible to City
for acts and omissions of Design-Builder, its agents, employees, and
Subcontractors, and their respective agents and employees. Design -Builder
has the duty to act in City’s best interests at all times throughout the course
and performance of the Contract. If Design-Builder performs any design and/or
construction activity which it knows, or should know, involves an error,
inconsistency, or omission, without notifying and obtaining the written consent
of City’s Representative, Design-Builder shall be responsible for the resultant
losses, including, without limitation, the costs of correcting Defective Work
B. Applicable Laws. Design-Builder shall give all notices required by and shall
comply with all Applicable Laws applicable to the performance of the Work.
Except where otherwise expressly required by Applicable Laws, neither Ci ty
nor the City’s Representative shall be responsible for monitoring Design -
Builder’s compliance with any Applicable Laws. If Design -Builder performs any
Work knowing or having reason to know that it is contrary to Applicable Laws,
Design-Builder shall bear all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to such Work.
C. Governmental Approvals. City will not be liable for Design-Builder’s failure to
obtain, maintain, and comply with all Governmental Approvals. All fines and
fees assessed by Governmental Bodies as a result of said failures shall be
Design-Builder’s responsibility. In the event City is assessed with any fines or
fees related to Design-Builder’s failure to comply with the requirements set
forth in this Article, the amount of fees or fines will be deducted from the
Contract Price.
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D. Standard of Care. Design-Builder’s performance shall be consistent with the
standards set forth in the Contract and the General Conditions. Design -Builder
represents that it is fully experienced and properly qualified to perform the class
of Work provided for in the Contract and that it is properly licensed, equipped,
organized, and financed to perform Work on the Project. Design -Builder
warrants to City that all Work shall be performed in accordance with the highest
professional standards and degree of care applicable to those design and
construction professionals who specialize in designing and providing services
for projects of the type, scope, quality and complexity of the Project utilizing the
progressive design-build contracting mode. Design-Builder shall perform the
Services using its best professional skill and judgment, acting with due care
and in accordance with professional standards of care, the terms hereof and
applicable law, code, rule or regulation. Design-Builder warrants that the
Services and Work will be of the highest quality and free from defects and that
all Work will conform with the requirements of the Contract Documents. Design-
Builder shall be solely responsible for the means, methods, techniques,
sequences, and procedures of design and construction of the Project. Design-
Builder shall supervise, inspect, and direct the Services and Work competently
and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with the
Contract Documents. Design-Builder shall perform, at its own cost and
expense and without reimbursement from City, any services necessary to
correct errors or omissions which are caused by Design -Builder’s failure to
comply with the standard of care provided for herein.
E. Best Efforts. Design-Builder recognizes the relations of trust and confidence
that are established by the Contract, and covenants with City to furnish Design-
Builder’s best skill and judgment, and to actively cooperate and assist in
furthering the best interests of City in all matters pertaining to the Project.
Design-Builder agrees to furnish efficient business administration and capable
supervision, and to use every effort to keep upon the work an adequate supply
of workmen and materials in order to secure its execution in the most
expeditious and economical manner consistent with City’s best interests.
Design-Builder’s employees assigned to the Project shall at all times be
reasonably satisfactory to City.
F. Independent Contractor. Design-Builder shall be responsible to City for acts
and omissions of Design-Builder, their employees, Subcontractors, material
and equipment suppliers, and their agents, employees, invitees, and other
persons performing portions of Work on the Project un der direct or indirect
contract with Design-Builder or any of its Subcontractors. Design-Builder in the
performance of the Contract shall be and act as an independent contractor.
Design-Builder understands and agrees that it and all of its employees shall
not be considered officers, employees, agents, partner, or joint venture of City,
and are not entitled to benefits of any kind or nature normally provided
employees of City or to which City's employees are normally entitled, including,
but not limited to, State Unemployment Compensation or Worker's
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Compensation. Design-Builder shall assume full responsibility for payment of
all federal, state and local taxes or contributions, including unemployment
insurance, social security and income taxes with respect to Design-Builder’s
employees. In the performance of the Services, Design-Builder is an
independent contractor or business entity, with the sole authority for controlling
and directing the performance of the details of Design -Builder’s Services, City
being interested only in the results obtained.
G. Progress Meetings. Design-Builder shall schedule and hold regular progress
meetings at least weekly and at other times as requested by City’s
Representative or as required by progress of the Work. Design-Builder and
City shall attend each meeting. Design-Builder may at its discretion request
attendance by representatives of its Subcontractors, Suppliers, or
manufacturers. City’s Representative will preside at the progress meetings and
will arrange for keeping and distributing the minutes. The purpose of the
meetings is to review the progress of the Work, maintain coordination of efforts,
discuss changes in scheduling, and resolve other issues which may develop.
During each meeting, Design-Builder shall present any issues which may
impact its progress with a view to resolve these issues expeditiously.
H. Permits and Licenses. City will apply and pay for the review of necessary
encroachment permits for Work within the public rights-of-way. All other
necessary permits and licenses necessary for prosecution of the Work shall be
secured and paid for by Design-Builder, including, but not limited to, permits,
licenses and fees required by a Governmental Body, unless otherwise
expressly provided by the Contract Documents. Design-Builder shall arrange
and pay for all off -site inspection of the Work related to permits and licenses,
including certification, required by the Contract Documents or by Governmental
Bodies, except for such off -site inspections delineated as City’s responsibility
pursuant to the Contract Documents. Before completion of the Project, Design-
Builder shall submit all licenses, permits, certificates of inspection and required
approvals to City.
I. Taxes. Design-Builder shall pay all sales, consumer, use, and other similar
taxes required to be paid in accordance with the Applicable Laws of the place
of the Project which are applicable during the performance of the Work. In
accordance with Revenue and Taxation Code section 107.6, the Contract
Documents may create a possessory interest subject to personal property
taxation for which Design-Builder will be responsible. Without limiting any of
the foregoing, in the event City seeks to obtain any available exemption under
Applicable Law from sales, consumer, use, and similar taxes for the Project,
Design-Builder will cooperate with City in seeking such an exemption, and will
utilize (and cause its Subcontractors to utilize) any such exemption to the
extent available in performance of the Work.
J. Patent Fees and Royalties. Design-Builder shall pay all license fees and
royalties and assume all costs incident to the use in the performance of the
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Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by
others. To the fullest extent permitted by Applicable Laws, Design-Builder shall
indemnify, defend, and hold harmless City and City’s Representative, and the
officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them, from and against all claims, costs,
losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation in the Work of any
invention, design, process, product, or device not specified in the Contract
Documents or specified in the Contract Documents and identified as being
subject to payment of any license fee or royalty to others required by patent
rights or copyrights.
5.2 Design Work.
A. Generally. Design-Builder is responsible for the design and construction of the
Project and shall use the highest design and engineering standards of care
applicable to projects, buildings or work of similar size, complexity, quality and
scope in performing Work on the Project. Design-Builder shall be solely
responsible for any and all design errors including, but without limitation, errors,
inconsistencies or omissions in the Construction Documents. Design-Builder
shall take field measurements, verify field conditions, and carefully compare
with the Contract Documents such field measurements, conditions, and other
information known to Design-Builder before commencing Work on the Project.
Errors, inconsistencies, or omissions discovered at any time shall be promptly
reported in writing to City’s Representative.
B. Construction Documents.
1. Generally. Design-Builder shall furnish design, architectural and
engineering services for the preparation of Construction Documents
necessary to complete the Project in accordance with the requirements of
the Contract Documents. The Designer of Record shall design the Project
and prepare the Construction Documents. The Construction Documents
shall provide information customarily necessary in documents for projects
of similar size, complexity, and quality. The Construction Documents shall
include all information required to complete the construction of the Project,
other than such details customarily developed by others during
construction. Design-Builder is required to deliver to City, if requested, any
and all Construction Documents and Work Product including, but not limited
to, calculations, preliminary drawings, construction drawings, shop
drawings, electronic media data, tenant improvement documents, sketches,
illustrations, specifications, descriptions, models, mock ups, and other
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information developed, prepared, furnished, or delivered in the prosecution
of the Design Work.
2. Submittal and Review of Construction Documents. Design-Builder shall
submit completed packages of the Construction Documents for review by
City at the times indicated on the Phase 1 CPM Schedule and as defined in
the Phase 1 Scope of Services. Meetings between Design-Builder and City
to review the Construction Document packages shall be scheduled at least
every two weeks, or as otherwise agreed by the Parties, and held so as not
to delay Work on the Project. Design-Builder will conduct these design
meetings with City in accordance with the schedule approved by City.
Design-Builder will be responsible for preparing and circulating for the
Parties review and design meeting minutes from all such meetings. City’s
review of the Construction Documents shall be conducted in accordance
with the approved Phase 1 CPM Schedule and with procedures set forth in
the Contract Documents. Such review shall not relieve Design-Builder from
its responsibilities under the Contract. Such review shall not be deemed an
approval or waiver by City of any deviation from, or of Design -Builder’s
failure to comply with, any provision or requirement of the Contract
Documents, unless such deviation or failure has been identified as such in
writing in the document submitted by Design-Builder and approved by City.
The production and review of Construction Documents may be a continuing
process with portions thereof completed at different times. The Phase 1
CPM Schedule shall indicate the times for City to review the completion of
each such portion of the Construction Documents and a reasonable time
for review of same.
C. Field Engineering. Design-Builder shall retain and pay expenses of a civil
engineer or land surveyor to establish on the Project site the required reference
points and benchmarks, establish building lines and elevations, check for
building framing, plumbness, and establish on building frame the required basic
grid lines. The engineer or land surveyor shall be properly licensed in the State
of California. Design-Builder shall locate and protect control points prior to
starting Work on the Project site and preserve permanent reference points
during construction and shall require the engineer or surveyor to replace
control points which become lost or destroyed.
D. Information and Documents. City will make the Background Documents
related to the Project available to the Design-Builder, including but not limited
to any preliminary surveys, geotechnical information, and other information that
describe the Site. The Background Documents are provided for information
only and will not be included as part of the Contract Documents. Design -Builder
shall perform its own independent site investigations in accordance with the
requirements of the Contract Documents. Design -Builder’s reliance on any
reference documents shall not be a basis for increases to the Contract Price or
Contract Time, nor shall it result in any Claims against City.
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E. Geotechnical and Survey. City may provide a geotechnical report to Design-
Builder that shall not be considered a part of the Contract Documents and shall
be informational only and may not be relied upon by Design -Builder to form its
basis of design. Design-Builder shall be responsible for obtaining its own
geotechnical report which includes supporting data, findings and
recommendations; and also, with a legal description and a project survey, as
necessary, which shall become a part of the Contract Documents. The Design
Work shall be consistent with both the findings and recommendations of
Design-Builder’s geotechnical report and legal description and Project survey,
or such other geotechnical recommendations obtained by Design -Builder at its
sole cost and expense. Design-Builder shall verify the location and depth
(elevation) of all existing utilities and services before performing any excavation
work. Any additional tests, borings, etc. necessary to support the Construction
Documents shall be the responsibility of Design-Builder.
5.3 Staffing of Project.
A. Generally. Design-Builder and each Subcontractor shall: furnish a competent
and adequate staff as necessary for the proper administration, coordination,
supervision, and superintendence of its portion of the Work on the Project;
organize the procurement of all materials and equipment so that the materials
and equipment will be available at the time they are needed for the Work; and
keep an adequate force of skilled and fit workers on the job to complete all
Work on the Project in accordance with all requirements of the Contract.
B. Employment of Workers. Design-Builder shall comply 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 Subcontractors and consultants to comply with the same. Each person
executing the Contract on behalf of Design-Builder verifies that he or she is a
duly authorized officer of Design-Builder and that any of the following shall be
grounds for City to terminate the Contract for cause: (1) failure of Design -
Builder or its Subcontractors or consultants to meet any of the requirements
provided for in this Article; (2) any misrepresentation or material om ission
concerning compliance with such requirements; or (3) failure to immediately
remove from the Work any person found not to be in compliance with such
requirements.
C. Competent Workers. Design-Builder shall at all times enforce strict discipline
and good order among its employees. Design-Builder shall not employ on the
Project any unfit person or anyone not skilled in the services assigned to him
or her. Any person in the employment of Design-Builder whom City may deem
incompetent or unfit, at its sole discretion, shall be dismissed from performing
services and shall not be employed on the Project.
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D. Supervision. Design-Builder shall continuously keep at the Project site, a
competent and experienced full-time Project superintendent, acceptable to
City. Superintendent must be able to proficiently speak, read and write in
English and shall have the authority to make decisions on behalf of Design -
Builder. Design-Builder shall continuously provide efficient supervision of the
Project.
5.4 Subcontractors.
A. Subcontracting Generally.
1. Licenses. Design-Builder shall employ only Subcontractors who are duly
licensed and qualified to perform the Work consistent with the Contract
Documents. All Subcontractors performing Construction Work shall
possess a valid contractor license as required by Applicable Law for the
classification required for the work to be performed by Subcontractors at
the commencement of the Construction Work and throughout the duration
of the Work.
2. Responsibility for Subcontractors. All subcontracted Work shall be
performed under written subcontracts. Design-Builder agrees to bind every
Subcontractor to the terms of the Contract Documents as far as such terms
are applicable to Subcontractor’s portion of the Services. Design -Builder
shall be as fully responsible to City for the acts and omissions of its
Subcontractors and of persons either directly or indirectly employed by its
Subcontractors, as Design-Builder is for acts and omissions of persons
directly employed by Design-Builder. Nothing contained in these Contract
Documents shall create any contractual relationship between any
Subcontractor and City. City reserves the right to accept all Subcontractors.
City’s acceptance of any Subcontractor under the Contract shall not in any
way relieve Design-Builder of its obligations in the Contract Documents.
Subcontracts entered into by City for the performance of the Work shall
neither supersede nor abrogate any of the terms or provisions of the
Contract.
3. Claims. Design-Builder shall be responsible for settling and resolving all
claims with Subcontractors. Design-Builder shall provide to City, promptly
following the receipt thereof, copies of any notice of default, breach or non-
compliance received under or in connection with any subcontract that may
have a material and adverse effect on performance by Design-Builder of its
obligations under the Contract Documents.
4. Payment. Design-Builder shall pay or cause to be paid to all Subcontractors
all amounts due in accordance with their respective subcontracts and the
requirements of this Article and Applicable Law. No Subcontractor shall
have any right or claim against City for la bor, services, materials or
equipment furnished for the Project. Design-Builder acknowledges that its
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indemnity obligations under the Contract shall extend to all claims for
payment or damages by any Subcontractor who furnishes or claims to have
furnished any labor, services, materials or equipment in connection with the
Project. Design-Builder shall, at City’s request, furnish satisfactory evidence
that all obligations of the nature designated above in this Article have been
paid, discharged or waived. If Design-Builder fails to do so City may, after
having notified Design-Builder, withhold from Design-Builder’s unpaid
compensation a sum of money deemed reasonably sufficient to pay any
and all such lawful claims until satisfactory evidence is furnished that all
liabilities have been fully discharged whereupon payment to the Design -
Builder will be resumed in accordance with the terms of the Contract, but in
no event shall the provisions of this sentence be construed to impose any
obligations upon City to either Design-Builder, the surety or any third party.
5. Assignment. Each subcontract agreement shall include a provision that
allows for an irrevocable assignment of the subcontract to City, solely at
City’s election and without cost or penalty. The provision shall indicate that
City’s acceptance of the assignment shall not affect any obligations of the
Subcontractor’s performance or payment bond surety. City may accept the
assignment by delivering written notice to Design -Builder and
Subcontractor.
B. Subcontracting Design Work.
1. Identified in Proposal. Design-Builder shall perform the Design Work
with resources available within its own organization and no portion of
the Design Work shall be subcontracted without written authorization by
City, except that which is expressly identified in Design-Builder’s
Proposal.
2. City Approval. Design-Builder may request to have a design
professional perform Design Work that is not expressly identified in the
Proposal by requesting written approval from City. The request shall
include, among other things, the scope of Design Work performed by
the design professional and the design professionals’ qualifications. City
may accept the request or may reject any proposed Subcontractor as
unsuitable, unqualified, not responsible, having a conflict of interest, or
that City otherwise object to performing Design Work on the Project.
C. Substitution of Subcontractors.
1. Subcontractors Performing Design Work. Design-Builder shall not
substitute a Subcontractor performing Design Work except with City’s
express written authorization.
2. Subcontractors Performing Construction Work. Subcontractors performing
Construction Work shall be afforded the protections of the Subletting and
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Subcontracting Fair Practices Act (Public Contract Code sections 4100 et
seq.). Design-Builder shall not substitute Subcontractors that are awarded
a contract pursuant to the above process, except in accordance with the
Subletting and Subcontracting Fair Practices Act. Design-Builder may
substitute a Subcontractor without following the Subletting and
Subcontracting Fair Practices Act that Design-Builder procures through a
noncompetitive procurement. Design-Builder shall not substitute in a
Subcontractor for Self-Performed Construction Work except with City’s
express written authorization.
3. All Subcontractor Substitution. City will not grant an increase to a GMP or
grant an extension of Contract Time in the event of a substitution of any
Subcontractor.
D. Dismissal of Subcontractors.
1. Subcontractor. City reserves the right to order Design-Builder to dismiss
any Subcontractor and to terminate any subcontract if, in City's opinion, the
Subcontractor fails to comply with the requirements of the Contra ct
Documents insofar as the same may be applicable to the Subcontractor’s
Work. Nothing herein contained shall create any contractual relation
between any Subcontractor and City or relieve Design -Builder of any
liability or obligation hereunder for, among other things, its Subcontractor’s
Work.
2. Staff Member of Subcontractor. If at any time during the Project, City
reasonably determines that the performance of any member of
Subcontractor’s staff performing Work is unsatisfactory, City may require
Design-Builder to remove such staff member immediately and replace the
staff member at no cost or penalty to City.
3. No Increase in Price, Time. The City will not grant an increase to a GMP or
grant an extension of the Contract Time in the event of a dismissal of any
Subcontractor.
5.5 Safety Requirements.
A. General Safety Requirements. Design-Builder shall be solely responsible for
all safety precautions and programs in connection with the Project. Design-
Builder shall comply with all Applicable Laws relating to the safety of persons
or property, or to the protection of persons or property from damage, injury, or
loss; and shall erect and maintain all necessary safeguards for such safety and
protection. Design-Builder shall take all reasonable precautions for the health
and safety of, and shall provide all reasonable protection to prevent damage,
injury or loss to all employees on the Site and all other persons who may be
affected thereby. Design-Builder shall be responsible for coordinating any
exchange of material safety data sheets or other hazard communication
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information required to be made available to or exchanged between or among
employers at the Site in accordance with Applicable Laws. Design-Builder shall
notify owners of adjacent property and utility owners when prosecution of the
Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property. Design-Builder shall
maintain emergency first aid treatment for its employees which complies with
the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et
seq.), and California Code of Regulations, Title 8, Industrial Relations Di vision
1, Department of Industrial Relations, Chapter 4. Design-Builder shall ensure
the availability of emergency medical services for its employees in accordance
with California Code of Regulations, Title 8, Section 1512.
B. Safety Manager. Design-Builder assumes responsibility for implementing and
monitoring all health and safety precautions and programs related to the
performance of the Work. Design-Builder shall, prior to commencing Work,
designate an individual with the qualifications and experience nece ssary to
supervise the implementation and monitoring of all health and safety
precautions and programs related to the Work. The health and safety manager
shall be an individual stationed full time at the Site and who shall have no other
responsibilities with respect to the Project other than supervising the
implementation and monitoring of all health and safety precautions and
programs related to the Work.
C. Safety Inspections and Meetings. Design-Builder is solely responsible to
inspect, survey, and assess the Site and identify the existence of all permit -
required confined spaces and non-permit confined spaces and comply with
applicable OSHA regulations and standards. Design-Builder’s Site assessment
shall begin upon the initiation of Work and continue throughout the duration of
the Project. The health and safety manager shall make routine daily
inspections of the Site and shall hold weekly health and safety meetings with
Design-Builder’s personnel, Subcontractors and others, as applicable.
D. Safety Plan. Design-Builder shall submit a Safety Plan that includes, among
other things, an illness and injury prevention program and a Site-specific safety
program to City prior to beginning Work. The Safety Plan shall include, but not
be limited to, worker safety, electrical safety, lock-out/tag-out, arc flash safety
personal protection equipment while working in vicinity of energized electrical
equipment, hazard communication, fire protection plan, emergency access
plan, health and safety inspections of mechanized equipment, machinery,
hoists, cranes, scaffolding, excavations, shoring, and related items. Design-
Builder shall maintain a confined space program that meets or exceeds
Applicable Law. Design-Builder needs to make themselves aware of City’s
safety policies and procedures and shall meet or exceed all City standards in
areas where City must enter to perform inspections.
E. Safety Compliance Requirements. Design-Builder shall, and shall cause all
Subcontractors to, comply with: (1) all Applicable Law relating to safety; (2) the
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Safety Plan; and (3) any City health and safety requirements. Design -Builder
shall immediately report (no later than within 12 hours after its occurrence), in
writing, any health and safety-related injury, loss, damage, accident or near
miss arising from the Work to the City’s Representative and, to the extent
mandated by Applicable Law, to any Governmental Body having jurisdiction
over health and safety-related matters involving the Project. City shall have the
right to suspend any or all Work if Design-Builder fails to comply with its
obligations hereunder without any requirements of increasing a GMP or
Contract Time.
F. Emergencies. Design-Builder shall develop an emergency response plan in
accordance with the Contract Documents. The emergency response plan shall
establish the protocols for Design-Builder in dealing with emergencies
impacting the performance of the Work and ensure there is sufficient response
to any medical or fire emergency, such as injury to an employee or wildfire at
the Site. The emergency response plan shall be subject to the approval of City.
In case of an emergency which threatens immediate loss or damage to
property or health and safety of life, Design-Builder shall act immediately to
prevent threatened loss, damage, injury or death. Design -Builder shall notify
City’s Representative of the situation and all actions taken immediately
thereafter. Prior to commencing Construction Work, and at all times during the
performance of the Work, Design-Builder shall provide City with 24-hour
emergency phone numbers where its representatives can be contacted. When
City has been notified of emergency situations requiring, i n City’s reasonable
opinion, immediate attention and rectification, City will so notify Design-Builder.
In the event Design-Builder fails to commence actions to prevent threatened
loss, damage, injury or death immediately after notification from City, City may
take all appropriate rectification actions and deduct the costs thereof from
monies owed to Design-Builder.
5.6 Security.
A. Security Generally. Design-Builder shall be responsible for the security and
protection of the Project and the Site, including any security requirements set
forth in the Contract Documents. Design-Builder shall guard against all damage
or injury to such properties caused by trespass, negligence, vandalism or
malicious mischief of third parties, and shall operate, maintain, repair and
replace all surveillance and other security equipment and assets constituting
fixtures of the Project in accordance with the Contract Documents. Design-
Builder shall comply with, and cause all Subcontractors to comply with, all
terms and conditions related to security.
B. Security Plan. Design-Builder shall provide, for City’s review and comment, a
Security Plan, prepared in accordance with the Contract Documents. Design -
Builder shall not perform any Construction Work until the City has reviewed
and commented on the Security Plan. Design-Builder shall provide a final
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Security Plan, having addressed any comments provided by City, as a pre -
condition to Construction Work.
5.7 Hazardous Waste.
A. Hazardous Waste Introduced by Design-Builder. City shall not be responsible
for any Hazardous Waste brought to the site by Design-Builder. If Design-
Builder: (i) introduces and/or discharges Hazardous Waste onto the Site in a
manner not specified by the Contract Documents; and/or (ii) disturbs a
Hazardous Waste identified in the Contract Documents, Design-Builder shall
hire a qualified remediation contractor at Design-Builder’s sole cost to eliminate
the condition as soon as possible. Under no circumstance shall Design -Builder
perform Work for which it is not qualified. City, in its sole discretion, may require
Design-Builder to retain at Design-Builder’s cost an independent testing
laboratory.
B. Encountering Hazardous Waste. If Design-Builder encounters Hazardous
Waste which may cause foreseeable injury or damage, Design-Builder shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in
connection with such material or substance (except in an emergency situation);
and (iii) notify City (and promptly thereafter confirm such n otice in writing).
Design-Builder shall contract for any services required to directly remove
and/or abate Hazardous Waste, if required. The Work in the affected area shall
not thereafter be resumed except by written agreement of City and Design -
Builder.
C. Hazardous Waste Indemnification. Design-Builder shall indemnify, defend, and
hold harmless City from and against claims, damages, losses and expenses,
arising from Hazardous Waste on the Site, if such Hazardous Waste was
brought to the Site by Design-Builder. Nothing in this paragraph shall obligate
Design-Builder to indemnify City in the event of the sole or active negligence
or willful misconduct of City, its officers, agents, or employees.
5.8 Water Quality Management and Compliance.
A. Storm Water. Storm, surface, ground, nuisance, or other waters may be
encountered at various times during construction of the Project. Design -Builder
hereby acknowledges that it has investigated the risk arising from such waters,
has prepared a GMP accordingly, and assumes any and all risks and liabilities
arising therefrom.
B. Discharge of Storm Water. Design-Builder 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 m ay impact, or be
implicated by the performance of the Work including, without limitation, all
applicable provisions regulating discharges of storm water; the Federal Water
Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne
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Water Quality Control Act (Cal Water Code §§ 13000 -14950); and any and all
regulations, policies, or permits issued pursuant to any such authority.
C. Construction General Permit. Design-Builder shall comply with all conditions of
the State Water Resources Control Board National Pollutant Discharge
Elimination System General Permit for Waste Discharge Requirements for
Discharges of Storm Water Runoff Associated with Construction Activity
(“Construction General Permit”) for all construction activity which results in the
disturbance of in excess of one acre of total land area or which is part of a
larger common area of development or sale. Design -Builder shall comply with
the lawful requirements of City, and any other applicable municipality, drainage
district, or other local agency with jurisdiction over the location where the Work
is to be conducted, regarding discharges of storm water to separate storm drain
systems or other watercourses under their jurisdiction, including applicable
requirements in municipal storm water management programs.
D. Violations. Failure to comply with the Construction General Permit, laws,
regulations, and ordinances listed in this Article is a violation of federal and
state law. Notwithstanding any other indemnity contained in these Contract
Documents, Design-Builder agrees to indemnify and hold harmless City, its
officials, officers, agents, employees and authorized volunteers from and
against any and all claims, demands, fees, costs, expenses, or losses or
liabilities of any kind or nature which City, its officials, officers, agents,
employees and authorized volunteers may sustain or incur for noncompliance
with the Construction General Permit, laws, regulations, and ordinances listed
above, arising out of or in connection with the Work, except for liability resulting
from the sole established negligence, willful misconduct or active negligence
of City, its officials, officers, agents, employees or authorized volunteers. City
reserves the right to defend any enforcement action or civil action brought
against City for Design-Builder’s failure to comply with any applicable water
quality law, regulation, or policy. Design-Builder hereby agrees to be bound by,
and to reimburse City for the costs associated with, any settlement reached
between City and any relevant enforcement entity.
5.9 Environmental Requirements.
A. Environmental Quality Protection.
1. Environmental Regulations. City operates under a number of environmental
permits issued by various agencies. Design-Builder shall comply with all
requirements of Applicable Law for environmental rules and regulations.
Any infractions of Applicable Law by Design-Builder during the term of the
Contract, which result in penalties, will be the responsibility of Design-
Builder. If due to an action, inaction, or negligence by Design -Builder, City
becomes subject to non-compliance penalties, the cost of such penalties
shall be borne by Design-Builder.
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2. Preservation of Site. Design-Builder shall exercise care to preserve the
natural landscape and vegetation and shall conduct operations so as to
prevent unnecessary destruction, scarring, or defacing of the natural
surroundings in the vicinity of the Work. Movement of crews and equipment
within the rights-of-way and over routes provided for access to the Work
shall be performed in a manner to prevent damage to property. When no
longer required, construction roads shall be restored to original contours.
Upon completion of the Project and following removal of construction
facilities and required cleanup, land used for construction purposes and not
required for the completed installation shall be scarified and regraded, as
required, so that all surfaces are left in a condition that will facilitate natural
revegetation, provide for proper drainage, and prevent erosion.
3. Endangered Plants and Animals. If, in the performance of the Work,
evidence of the possible occurrence of any Federally listed threatened or
endangered plant or animal is discovered, Design-Builder shall notify City’s
Representative immediately, giving the location and nature of the findings.
Written confirmation of the evidence, location and nature of the findings
shall be forwarded to City’s Representative within two (2) Days. Design-
Builder shall immediately cease all construction activities in the immediate
area of the discovery to the extent necessary to protect the endangered
plant or animal. If directed by City, Design-Builder will refrain from working
in the immediate area, suspend the Work in its entirety, or alter its
performance to ensure full compliance with all Applicable Laws. Any City
directed changes to the Work as a result of a siting will be pursuant to the
Contract Documents. Any costs or delays incurred by City or Design-Builder
due to unreasonable or false notification of an endangered plant or animal
will be borne by Design-Builder.
4. Cultural Resources. If, in the performance of the Work, Design -Builder
should unearth cultural resources (for example, human remains, animal
bones, stone tools, artifacts and/or midden deposits) through excavation,
grading, watering or other means, Design-Builder shall notify the City’s
Representative immediately, giving the location and nature of the findings.
Written confirmation of the evidence, location and nature of the findings
shall be forwarded to City’s Representative within two (2) Days. Design-
Builder shall immediately cease all construction activities in the immediate
area of the discovery to the extent necessary to protect the cultural
resource. If directed by City’s Representative, Design-Builder will refrain
from working in the immediate area, suspend the Work in its entirety, or re -
sequence and/or alter its performance to ensure full compliance with all
Applicable Laws. Should the presence of cultural resources be confirmed,
Design-Builder will assist City’s Representative in the preparation and
implementation of a data recovery plan. Design-Builder shall provide such
cooperation and assistance as may be ne cessary to preserve the cultural
resources for removal or other disposition. Any City directed changes to the
Work as a result of the cultural resource will be pursuant to the Contract
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Documents. Should Design-Builder, without permission, injure, destroy,
excavate, appropriate, or remove any cultural resource on or adjacent to
the Site, it will be subject to disciplinary action, arrest and penalty under
Applicable Law. Design-Builder shall be principally responsible for all costs
of mitigation and/or restoration of cultural resources related to the
unauthorized actions identified above. Design -Builder shall be required to
pay for unauthorized damage and mitigation costs to cultural resources
(historical and archeological resources) as a result of unauthorized
activities that damage cultural resources and shall indemnify City pursuant
to the Contract Documents.
B. Noise Restrictions. Design-Builder shall use only such equipment on the
Project and in such state of repair so that the emission of sound therefrom is
within the noise tolerance level of that equipment as established by Cal/OSHA.
Design-Builder shall comply with the most restrictive of the following: (1) local
sound control and noise level rules, regulations and ordinances and (2) the
requirements contained in these Contract Documents, including hours of
operation requirements. No internal combustion engine shall be operated on
the Project without a muffler of the type recommended by the manufacturer.
Should any muffler or other control device sustain damage or be determined to
be ineffective or defective, Design-Builder shall promptly remove the
equipment and shall not return said equipment to Project until the device is
repaired or replaced. Said noise and vibration level requirements shall apply to
all equipment at the Site or related to the Project, including but not limited to,
trucks, transit mixers or transit equipment that may or may not be owned by
Design-Builder.
C. Diversion of Recyclable Waste Material. In compliance with the applicable
City’s waste reduction and recycling efforts, Design -Builder shall divert all
recyclable waste materials to appropriate recycling centers as required for
compliance with the local jurisdiction’s waste diversion ordinances. Design-
Builder will be required to submit weight tickets and written proof of diversion
with its monthly progress payment requests. Design-Builder shall complete and
execute any certification forms required by City or other applicable agencies to
document Design-Builder’s compliance with these diversion requirements.
D. Air Pollution Control.
1. General. Design-Builder shall comply with all air pollution control rules,
regulations, ordinances and statutes. All containers of paint, thinner, curing
compound, solvent or liquid asphalt shall be labeled to indicate that the
contents fully comply with the applicable material requirements.
2. Air Rules. Without limiting the foregoing, Design-Builder must fully comply
with all Applicable Laws in furnishing or using equipment and/or providing
services, including, but not limited to, emissions limits and permitting
requirements imposed by the Air Quality Management District with
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jurisdiction over the Project and/or California Air Resources Board
(“CARB”). Design-Builder shall specifically be aware of the application of
these limits and requirements to "portable equipment", which definition
includes any item of equipment with a fuel-powered engine.
3. CARB Regulations. To the extent applicable, Design-Builder, shall comply,
and shall ensure all Subcontractors comply, with all requirements of CARB
including, without limitation, all applicable terms of Title 13, California Code
of Regulations Division 3, Chapter 9 and all pending amendments (“CARB
Regulation”). Throughout Project, and for three (3) years thereafter, Design-
Builder shall make available for inspection and copying any and all
documents or information associated with Design -Builder’s and
Subcontractors’ fleet including, without limitation, the certificate of reported
compliance, fuel/refueling records, maintenance records, emissions
records, and any other information Design-Builder is required to produce,
keep or maintain pursuant to the CARB Regulation upon two (2) calendar
days’ notice from City. Design-Builder shall be solely liable for any and all
costs associated with complying with the CARB Regulation as well as for
any and all penalties, fines, damages, or costs associated with any and all
violations, or failures to comply with the CARB Regulation. Design-Builder
shall defend, indemnify and hold harmless City, its officials, officers,
employees and authorized volunteers free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or alleged
failure to comply with the CARB Regulation.
E. Dust Control. Design-Builder, at its expense, shall maintain all excavations,
embankments, haul roads, permanent access roads, plant sites, waste
disposal areas, borrow areas, and all other work areas free from dust. Industry
accepted methods of dust control suitable for the area involved, such as
sprinkling, chemical treatment, light bituminous treatment or similar methods,
will be permitted.
5.10 Labor Requirements.
A. Prevailing Rates of Wages.
1. Prevailing Wage Laws. Design-Builder is aware of the requirements of
Labor Code sections 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 certain “public works” and
“maintenance” projects. Since this Project involves an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws,
and since the total compensation is $1,000 or more, Design -Builder agrees
to fully comply with such Prevailing Wage Laws. Design-Builder shall obtain
a copy of the prevailing rates of per diem wages at the commencement of
the Contract from the website of the Division of Labor Statistics and
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Research of the Department of Industrial Relations (“DIR”) located at
www.dir.ca.gov. In the alternative, Design-Builder may view a copy of the
prevailing rate of per diem wages which are on file at City Hall and shall be
made available to interested parties upon request. Design-Builder shall
make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to perform work on the Project
available to interested parties upon request and shall post copies at Design-
Builder’s principal place of business and at the Project site. Design-Builder
shall post, at appropriate conspicuous points on the Site, a schedule
showing all determined general prevailing wage rates and all authorized
deductions, if any, from unpaid wages actually earned. Design-Builder shall
defend, indemnify and hold City, its officials, officers, employees and
authorized volunteers free and harmless from any claims, liabilities, costs,
penalties or interest arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws.
2. Penalties. Design-Builder shall forfeit as a penalty to City not more than
Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for
each calendar day, or portion thereof, for each worker paid less than the
prevailing wage rate as determined by the director of the DIR for such work
or craft in which such worker is employed for any public work done under
the Contract by it or by any Subcontractor under it. The difference between
such prevailing wage rate and the amount paid to each worker for each
calendar day or portion thereof, for which each worker was paid less than
the prevailing wage rate, shall be paid to each worker by Design-Builder.
3. Davis-Bacon. If the Contract is subject to the Davis-Bacon Act, the federal
minimum wage rates for this Project are predetermined by the United States
Secretary of Labor. These rates are available directly from the Department
of Labor at http://www.wdol.gov and included in the Contract Documents. If
there is a difference between the minimum wage rates predetermined by
the Secretary of Labor and the general prevailing wage rates determined
by the director of the DIR for similar classifications of labor, Design -Builder
and its Subcontractors shall pay not less than the higher wage rate.
B. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5
and 1771.1, Design-Builder and its Subcontractors must be registered with the
DIR prior to the execution of a contract to perform public works. By entering
into the Contract, Design-Builder represents that it is aware of the registration
requirement and is currently registered with the DIR. Design-Builder shall
maintain a current registration for the duration of the Project. Design-Builder
shall further include the requirements of Labor Code sections 1725.5 and
1771.1 in any subcontract and ensure that all Subcontractors are registered at
the time the subcontract is entered into and maintain registration for the
duration of the Project.
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C. Employment of Apprentices. Design-Builder and all Subcontractors shall
comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the
employment of apprentices. Information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the Director of
Industrial Relations, ex officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its
branch offices. Knowing violations of Labor Code section 1777.5 will result in
forfeiture not to exceed one hundred dollars ($100.00) for each calendar day
of non-compliance pursuant to Labor Code section 1777.7.
D. Hours of Work. As provided in Article 3 (commencing at section 1810), Chapter
1, Part 7, Division 2 of the Labor Code, Design-Builder stipulates that eight (8)
hours of labor shall constitute a legal day’s work. The time of service of any
worker employed at any time by Design-Builder or by any Subcontractor under
the Contract upon the Work or upon any part of the Project contemplated by
the Contract is limited and restricted to eight (8) hours during any one calendar
day and 40 hours during any one calendar week, except as hereinafter
provided. Notwithstanding the provisions herein above set forth, Services
performed by employees of Design-Builder in excess of eight (8) hours per day,
and 40 hours during any one week, shall be permitted upon this public work
upon compensation for all hours worked in excess of eight (8) hours per day at
not less than one and one-half times the basic rate of pay. Design-Builder and
every Subcontractor shall keep an accurate record showing the name of and
actual hours worked each calendar day and each calendar week by each
worker employed in connection with the Services or any part of the Services
contemplated by the Contract. The record shall be kept open at all reasonable
hours to the inspection of City and to the Division of Labor Law Enforcement,
Department of Industrial Relations of the State of California. Design-Builder
shall pay to City a penalty of twenty-five dollars ($25.00) for each worker
employed in the execution of the Contract by Design -Builder or by any
Subcontractor for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and 40 hours
in any one calendar week in violation of the provisions of Article 3 (commencing
at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
E. Payroll Records; Labor Compliance.
1. Maintaining Records. Pursuant to Labor Code section 1776, Design-Builder
and all Subcontractors shall maintain weekly certified payroll records,
showing the names, addresses, Social Security numbers, work
classifications, straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by them in connection with the
Services under the Contract. Design-Builder shall certify under penalty of
perjury that records maintained and submitted by Design-Builder are true
and accurate. Design-Builder shall also require Subcontractor(s) to certify
weekly payroll records under penalty of perjury.
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2. Furnishing Records. In accordance with Labor Code section 1771.4,
Design-Builder and each Subcontractor shall furnish the certified payroll
records directly to the DIR on the specified interval and format prescribed
by the DIR, which may include electronic submission. Design-Builder shall
comply with all requirements and regulations from the DIR relating to labor
compliance monitoring and enforcement.
3. Stop Orders. Any stop orders issued by the DIR against Design-Builder or
any Subcontractor that affect Design-Builder’s performance of Services,
including any delay, shall be Design-Builder’s sole responsibility. Any delay
arising out of or resulting from such stop orders shall be considered Design-
Builder caused delay subject to any applicable liquidated damages and
shall not be compensated by City. Design-Builder shall defend, indemnify
and hold City, its officials, officers, employees and agents free and harmless
from any claim or liability arising out of stop orders issued by the DIR
against Design-Builder or any Subcontractor.
4. Certifying Records. The payroll records described herein shall be certified
and submitted by Design-Builder at a time designated by City. Design-
Builder shall also provide the following:
a. A certified copy of the employee’s payroll records shall be made
available for inspection or furnished to such employee or his or her
authorized representative on request.
b. A certified copy of all payroll records described herein shall be made
available for inspection or furnished upon request of the DIR.
5. Form of Records. Unless submitted electronically, the certified payroll
records shall be on forms provided by the Division of Labor Standards
Enforcement (“DLSE”) of the DIR or shall contain the same information as
the forms provided by the DLSE.
6. Copies of Records. Any copy of records made available for inspection as
copies and furnished upon request to the public or any public agency, City,
the Division of Apprenticeship Standards or the DLSE shall be marked or
obliterated in such a manner as to prevent disclosure of an individual's
name, address and social security number. The name and address of
Design-Builder awarded the Contract or performing Services on the
Contract shall not be marked or obliterated.
7. Noncompliance. In the event of noncompliance with the requirements of this
Article, Design-Builder shall have ten (10) Days in which to comply
subsequent to receipt of written notice specifying in what respects Design -
Builder must comply with this Article. Should noncompliance still be evident
after such 10-Day period, Design-Builder shall pay a penalty of one hundred
dollars ($100.00) to City for each Day, or portion thereof, for each worker,
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until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the DLSE, such penalties shall be withheld
from progress payment then due.
F. Nondiscrimination/Equal Employment Opportunity. Pursuant to Labor Code
section 1735 and other Applicable Law, Design-Builder and its Subcontractors
shall not discriminate against any employee or applicant for employment
because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, or any other classifications protected by law on this Project. Design-
Builder will take affirmative action to ensure that employees are treated during
employment or training without regard to their race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, or any other
classifications protected by law.
G. Debarment of Contractors and Subcontractors. Contractors or Subcontractors
may not perform work on a public works project who are ineligible to perform
work pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a
public works project entered into between a contractor and a debarred
subcontractor is void as a matter of law. A debarred subcontractor may not
receive any public money for performing work as a subcontractor on a public
works contract. Any public money that is paid or may have been paid to a
debarred Subcontractor by Design-Builder on the Project shall be returned to
City. Design-Builder shall be responsible for the payment of wages to workers
of a debarred Subcontractor who has been allowed to work on the Project.
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ARTICLE 6 -COST OF CONSTRUCTION WORK
6.1 Early Work and Purchases.
A. Generally.
1. City may direct, or the Parties may agree, that Design -Builder will procure
an Early Purchase Item or perform an Early Construction Package. For
purposes of interpretation, and unless otherwise stated, the terms of these
General Conditions that apply to procurement of equipment and material or
Construction Work shall apply to an Early Purchase Item or an Early
Construction Package. This includes, but is not limited to, applicable
procurement requirements and compensation for an Early Purchase Item
or an Early Construction Package.
2. Approval by City of an Early Purchase Item or an Early Construction
Package shall not prejudice any right of City with respect to Phase 2 or the
remainder of the Construction Work, including City’s right to terminate the
Contract if the Parties cannot agree to a GMP Amendment and move to
Phase 2. For the avoidance of doubt, in no event shall an Early Purchase
Item or Early Construction Package be construed as a GMP Amendment
or as a Notice to Proceed with Phase 2.
3. Design-Builder expressly agrees and acknowledges that this process for an
Early Purchase Item or an Early Construction Package is a contractual
mitigation measure to avoid increased costs and to avoid delay(s) to the
construction of the Project. City’s consent to this process hereunder shall in
no way entitle Design-Builder to an increase in the Contract Price or an
extension of the Contract Time after the issuance of the Notice to Proceed
for Phase 2, unless otherwise permitted, and consistent with the
requirements of, the Contract Documents.
B. Early Purchase Item.
1. Design-Builder shall procure Early Purchase Items on either a best value
or low-bid basis, as allowed by City. In the event that a best value
procurement is utilized, Design-Builder will obtain approval of the evaluation
criteria from City and City has the right to review all proposals submitted. In
the event that a low-bid procurement is utilized, City has the right to review
and accept all bids submitted.
2. Each Early Purchase Item Amendment, if any, shall set forth all pricing,
schedule, and other relevant commercial terms specific to the
corresponding Early Purchase Item. Design-Builder shall obtain express
written authorization from City prior to procurement of any equipment as
part of an Early Purchase Item. Design -Builder may procure equipment at
its own risk without obtaining City’s prior approval.
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3. Upon delivery of an Early Purchase Item to Design-Builder, whether at the
Site or off-site, Design-Builder shall provide City with verifiable
documentation of the receipt of any Early Purchase Item(s) includ ing bill of
lading and photographs specifically identifying:
a. The Early Purchase Item;
b. The serial number of each Early Purchase Item; and/or
c. Other indicia authenticating the Early Purchase Item.
4. Design-Builder’s obligations to store an Early Purchase Item shall comply
with all requirements for storage of equipment and materials, the Contract
Documents and shall ensure that all policies of insurance protecting
property shall cover the Early Purchase Item.
C. Early Construction Package.
1. If City chooses to authorize the preparation of a proposal for an Early
Construction Package, the Parties will agree upon the specific process for
doing so, with the understanding that the process is intended generally to
follow the submittal and negotiation process set forth for a GMP Proposal.
Design-Builder shall comply with all applicable procurement requirements
required by the Contract Documents.
2. An Early Construction Package shall set forth the proposed scope of work
under the Early Construction Package, the proposed t iming, a procurement
plan for the work and any other information necessary to approve and
proceed with the Early Construction Package.
3. Each Early Construction Amendment, if any, shall set forth all pricing,
schedule, and other relevant commercial terms specific to the
corresponding Early Construction Package. If utilized, the form of the Early
Construction Amendment shall be generally consistent with the form of a
GMP Amendment.
4. Design-Builder shall not commence an Early Construction Package until
City issues a Notice to Proceed for the Early Construction Package. City
shall have no liability to Design-Builder with respect to an Early Construction
Package unless and until City issues a Notice to Proceed for the Early
Construction Package, and then only to the extent of the Early Construction
Amendment for which City issued a Notice to Proceed.
5. All services performed pursuant to an Early Construction Amendment shall
constitute Construction Work and shall be performed in accordance with the
Contract Documents for Construction Work.
6.2 Guaranteed Maximum Price.
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A. Design-Builder guarantees that the final cost to construct Work shall not
exceed the GMP for the Work, subject to any additions or deductions as
provided in the Contract Documents. Except as otherwise provided in the
Contract Documents, Design-Builder shall assume the risk of all costs in
excess of the GMP in the performance of Work and to provide a fully completed
and successfully operational Project, complete in every detail according to the
provisions of the Contract Documents and shall not be entitled t o additional
payments because of such excess costs. Should Design -Builder believe that it
is entitled to additional compensation, whether money or time, it must request
such compensation through a Change Order Request. If the final accounting
of the costs for Work exceeds the GMP for the Work, including all adjustments
to the GMP in accordance with the Contract Documents, Design -Builder shall
be solely responsible for all costs exceeding such amount.
B. A GMP includes and assumes that from time to time, Design-Builder will
encounter delays and difficult site conditions arising from limited access to work
areas, other interference, or conditions at the Project site. Design -Builder
assumes full responsibility for its examination, investigation and understanding
of the difficulties which may be encountered and has included in a GMP the
cost of any Work associated with such difficulties.
6.3 Composition of Guaranteed Maximum Price.
A. GMP Elements. The GMP will be based on an Open Book Basis and comprised
of the following elements:
1. Completion of Design Work for the Project, including any design support
services during Phase 2.
2. Cost of Work, including:
a. Direct Cost;
b. General Conditions Cost; and
c. Subcontractor Construction Cost.
3. Bond costs without markup.
4. Insurance costs without markup.
5. Design-Builder’s Self-Performance Fee applied to Design-Builder’s Direct
Cost and General Conditions Cost.
6. Design-Builder’s Subcontractor Fee applied to Subcontractor Construction
Cost.
7. Design-Builder Contingency, if any.
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8. Allowances, if any.
B. Design Work Services. City and Design-Builder will negotiate an amount for
Design-Builder to complete Design Work for the Project and design support
services in Phase 2. The amount will be based on pricing in Design -Builder’s
Cost Proposal Form and how the Phase 1 Fee is established.
C. Cost of Work Components.
1. Direct Cost.
a. Direct Cost includes the actual and verifiable Direct Cost necessarily
incurred and paid by Design-Builder in the proper performance of
Construction Work. Direct Cost include, but are not limited to, the
following:
(i) Field Labor Cost. The cost of field labor will be the actual cost for
wages prevailing locally for each craft or type of worker at the
time the Work is done, plus employer payments of payroll taxes
and insurance, health and welfare, pension, vacation,
apprenticeship funds, and other direct costs resulting from
federal, state or local laws, as well as assessment or benefits
required by lawful collective bargaining agreements. City shall
not be responsible for any labor rates in excess of the prevailing
wage rate unless specifically authorized by the City’s
Representative for individuals with special qualifications. Wages,
burdens, and fringes will be paid at actual cost as verified as part
of the labor compliance reporting process and are fully auditable.
They shall include the following: actual wages paid to employees;
labor burden, including charges for social security taxes,
Medicare taxes, federal unemployment taxes, state
unemployment taxes, and other taxes pertaining to labor; and
employer payments to or on behalf of the workers for health,
welfare, pension, vacation, apprenticeship funds and similar
purposes, as well as assessments or benefits required by lawful
collective bargaining agreements. Cost for supervision above the
level of working foremen (such as general foremen,
superintendent, project manager, etc.) is considered to be
included in Indirect Cost. Premium and overtime rates shall not
be paid by the City unless authorized or directed by the City in
writing.
(ii) Materials, Equipment Cost. The cost of materials and equipment
incorporated into the Project shall be actual costs, including
purchase, transportation, inspection, testing, storage and
handling costs. Cost of materials described in the preceding
sentence in excess of those actually installed but required to
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provide reasonable allowance for waste and for spoilage, require
written approval by City. Unused excess materials, if any, shall
be turned over to City at the completion of the Project or, at City’s
option, shall be sold by Design-Builder; amounts realized, if any,
from such sales shall be credited to City as a deduction from the
Direct Cost. City reserves the right to furnish materials and
equipment for the Project.
(iii) Construction Equipment Cost. Regardless of ownership, rates for
temporary facilities, machinery, equipment and hand tools not
customarily owned by construction workers, which are provided
by Design-Builder at the Site, whether rented from Design -
Builder or others, and costs of transportation, installation, minor
repairs and replacements, dismantling and removal thereof, shall
not exceed listed rates prevailing locally at equipment rental
agencies, or distributors, at the time the Work is performed.
Design-Builder shall furnish cost data supporting the
establishment of the equipment rate. In the absence of a
identified direct cost for the equipment, Design -Builder will be
paid for the use of equipment at the rental rates identified for such
equipment in the edition of the State of Calif ornia Department of
Transportation (Caltrans) publication “Labor Surcharge &
Equipment Rental Rates” as supplemented by the Caltrans
“Miscellaneous Equipment Rental Rates” publication in effect on
the date the Work is performed. If that equipment is not listed in
either Caltrans publication, the U.S. Army Corps of Engineers
publication “Construction Equipment Ownership and Operating
Expense Schedule” in effect on the date the Work is performed
shall be used to determine the rental rate. The equipment rates
paid, as above provided, shall include the cost of fuel, oil,
lubrication supplies, small tools, necessary attachments, repairs
and maintenance of all kinds, depreciation, storage, insurance,
and all incidentals. Rates and quantities of equipment rented will
be subject to City’s prior approval. The time to be paid for
equipment shall be the time the equipment is in productive
operation on the Work being performed. Charges for time will not
be allowed while equipment is inoperative due to breakdowns. All
equipment shall, in the opinion of City, be in good working
condition and suitable for the purpose for which the equipment is
to be used. When hourly rates are listed, any part of an hour less
than 30 minutes of operation shall be considered to be 1/2 -hour
of operation, and any part of an hour greater than 30 minutes will
be considered one hour of operation. When daily rates are listed,
any part of a day less than 4 hours operation shall be considered
to be 1/2-day of operation. Individual pieces of equipment having
a replacement value of five thousand dollars ($5,000.00) or less
shall be considered to be small tools or small equipment and no
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payment will be made for them. Small tools are part of Indirect
Cost.
(iv) Sales Tax. Design-Builder’s charge for sales tax will be its actual,
verified direct sales tax costs only.
(v) Travel; Lodging Cost. The reasonable cost of travel,
accommodation, and meals for Design-Builder’s personnel
directly involved in the performance of the Work, negotiated in a
GMP.
b. Costs Not Considered Direct Cost. Direct Cost do not include the
following: General Conditions Cost; Subcontractor Construction
Cost; Design Work; Design-Builder’s personnel primarily stationed
at Design-Builder’s principal or home offices; material or equipment
provided by City; cost of Design-Builder’s capital used in the
performance of the Construction Work; cost that would cause the
GMP to be exceeded; discounts and rebates and the salvage value
of tools and equipment consumed in the Work charged by Design -
Builder; cost incurred in performing call-back, repair and warranty
work; cost due to the negligence, error, or omission of Design -
Builder or to the failure of Design-Builder to fulfill a specific
responsibility to City set forth in the Contract Document; cost
incurred as a result of a delay which does not constitute
compensable delay under the Contract Documents; cost incurred in
the performance of Phase 1 Services; legal fees and costs related to
or arising from disputes between the Parties, including, but not
limited to, mediation and litigation fees; any cost not specifically and
expressly described as a reimbursable cost; and cost Design-Builder
is required to bear as a result of Design -Builder’s failure to perform
in accordance with the Contract Documents.
2. General Conditions Cost. General Conditions Cost will be negotiated
between City and Design-Builder and established in a GMP Amendment.
Design-Builder will be paid for its General Conditions Cost based on a fixed
duration price (i.e. x amount per week or month) and not on the basis of
actual verified costs, unless otherwise agreed to by the Parties. General
Conditions Cost includes Design-Builder’s costs to manage and support the
Construction Work for a GMP, including, but not limited to, the following:
a. Design-Builder’s staff at the Site, including the following:
(i) Hourly costs of wages or salaries, including fringe benefits, of all
Design-Builder’s supervisory and administrative personnel
engaged in the performance of Construction Work but only for
that portion of their time required for Work covered by the GMP,
including but not limited to the project manager, construction
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manager, superintendent(s), and those responsible for managing
and implementing Design-Builder’s general conditions, including,
but not limited to, scheduling, cost control, billing, surveying,
Security Plan, and Safety Plan.
(ii) Hourly costs of wages or salaries, including fringe benefits, of the
Design-Builder’s supervisory and administrative personnel
engaged off of the Site at suppliers, at workshops, or on the road,
to assist in the coordination, production, or transportation of
material or equipment for the Construction Work.
b. Field office costs for Design-Builder staff, including the following:
(i) Design-Builder field office mobilization and demobilization
(ii) Office trailer rental
(iii) Office furniture and equipment
(iv) Office janitorial
(v) Office supplies
(vi) Office computers, software and maintenance
(vii) Office telephones, telephone and internet services, and all job
site communication for the Project
(viii) Document reproduction services (off-site or custom)
(ix) Copy machines, fax machines, printers, scanners, and paper
shredders
(x) Postage, courier, and express delivery
(xi) Accounting and data processing costs
(xii) Jobsite radios/cellular phones
(xiii) Scheduling expenses
(xiv) Job meeting expenses
(xv) Employee identification system
(xvi) Record Drawings
(xvii) Project preconstruction and progress photos
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(xviii) Job Site security
c. Temporary amenities and utilities (include hookup, metering, and
consumption costs) including the following:
(i) Drinking water
(ii) Temporary toilets
(iii) Temporary water distribution and meters
(iv) Temporary fire protection
(v) Temporary power
(vi) Temporary and emergency lighting
(vii) Temporary construction facilities and services
(viii) Temporary heat and ventilation
3. Subcontractor Construction Cost. Subcontractor Construction Cost
includes payments made by Design-Builder to Subcontractors for the
proper performance of Construction Work. Subcontractor Construction Cost
include, but are not limited to, the following:
a. Payments made by Design-Builder to Subcontractors for any and all
cost to perform Subcontracted Construction Work as part of the Work
established in either a quote, proposal, or bid to Design -Builder,
including, but not limited to, the Subcontractor’s direct costs, indirect
costs, field and office overhead, performance bonds, payment
bonds, insurance, and profit.
D. Bond Costs. Design-Builder’s charge for Performance Bond and Payment
Bond costs shall be its actual, verified costs, without any markup, and identified
in a GMP Amendment.
E. Insurance Costs. Design-Builder’s charge for insurance shall be its actual,
verified costs, without any markup, and identified in a GMP Amendment.
F. Design-Builder’s Self-Performance Fee. Design-Builder’s Self-Performance
Fee shall compensate Design-Builder for its home office overhead, profit, and
other costs and expenses not specifically included in the Cost of Work. Design -
Builder Self-Performance Fee percentage is identified in the Special Conditions
and shall only be applied to Design-Builder’s Direct Cost and Indirect Cost.
G. Design-Builder’s Subcontractor Fee. Design-Builder’s Subcontractor Fee shall
compensate Design-Builder for its home office overhead and profit on
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Subcontractor Construction Cost. Design-Builder’s Subcontractor Fee
percentage is identified in the Special Conditions and shall only be applied to
Subcontractor Construction Cost.
H. Design-Builder Contingency.
1. Contingency. Design-Builder may propose within a GMP a Design-Builder
Contingency for items such as Construction Work that could not have been
anticipated by Design-Builder on the effective date of the GMP Amendment.
If agreed upon by City, the GMP Amendment shall de scribe when Design-
Builder Contingency may be used by Design-Builder.
2. Request for Contingency. Prior to performing any Work that Design-Builder
intends to be paid for out of any portion of Design -Builder Contingency,
Design-Builder must submit to City a written request for Design-Builder’s
use of Design-Builder Contingency that shall include the same detail and
requirements of a Change Order Request and substantiation enabling City
to determine that the proposed use of the Design -Builder Contingency
covers one of the contingency items identified in the GMP Amendment.
3. Contingency Use. Design-Builder Contingency is not a separate fund but is
tracked as a separate line item within the GMP and will be used as a cost
management tool. When used, Design-Builder Contingency funds will be
subtracted from the Design-Builder Contingency line item and applied to
one or more line items in the GMP. If Design -Builder depletes any Design-
Builder Contingency, any costs for items referenced by that Design -Builder
Contingency shall be at Design-Builder’s sole expense.
4. Reconciliation. The unused portion of Design-Builder Contingency shall be
retained by City at the end of the Project and will be documented by City
through any reasonable means, including, without limitation, a deductive
Change Order.
I. Allowances.
1. Allowance. In developing the GMP Proposal, Design-Builder may propose
including appropriate Allowances for defined items of Work that cannot be
appropriately quantified and estimated at the time the GMP Amendment is
established. Each such item of Work will be covered in a separate line item
and have a clear description in the GMP Amendment of what is covered by
the Allowance.
2. Request for Allowance. Prior to performing any Work that Design-Builder
intends to be paid for out of any portion of Allowances, Design-Builder must
submit to City a written request for Design-Builder’s use of Allowances that
shall include the same detail and requirements of a Change Order Request
and substantiation enabling City to determine that the proposed use of the
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Allowance covers one of the Allowance items identified in the GMP
Amendment.
3. Allowance Use. Allowance items will be converted to, and included as a line
item within that GMP once conditions exist that allow them to be properly
quantified and priced, only with specific written approval of City. Allowance
items that cannot reasonably be quantified and estimated before the
Allowance Work begins will be reconciled based on the actual cost of the
Allowance Work. If the actual cost of the Work covered by an Allowance will
be greater than the amount of Allowance, Design-Builder will notify City and
if City authorizes the Allowance Work in a Change Order, the GMP will be
increased by the additional agreed upon amount.
4. Reconciliation. The unused portion of Allowances shall be retained by City
at the end of the Project and will be documented by City through any
reasonable means, including, without limitation, a deductive Change Order.
6.4 Convert GMP to Lump Sum Price.
A. At City’s discretion, a GMP may be converted to a Lump Sum Price with a
negotiated discount. To the extent that a GMP is converted to a Lump Sum
Price, all references to GMP within the Contract Documents shall apply equally
to the converted Lump Sum Price except as clearly and expressly indicated in
any document effectuating the conversion.
6.5 Self-Performed Construction Work.
A. Self-Performed Construction Work Generally.
1. Amount of Construction Work Performed. The Special Conditions provide
for the minimum and maximum amount of Construction Work required to be
performed by Design-Builder on the Project.
2. Identification of Self-Performed Construction Work. Design-Builder is
entitled to perform Self-Performed Construction Work, competitively bid
against an independent cost estimate, in accordance with applicable law
and written City approval. Design-Builder shall identify in Design-Builder’s
Proposal the Self-Performed Construction Work that Design-Builder
proposes to perform. To perform Construction Work not identified in
Design-Builder’s Proposal, Design-Builder must submit a written request to
City seeking approval, which is at City’s sole discretion, prior to submitting
a GMP Proposal. The written request shall explain why the Work cannot be
subcontracted and how performing the Work by Design-Builder will be most
advantageous to City. City agrees to consider approving such request if
Design-Builder demonstrates to City’s satisfaction that providing this
Construction Work is in the best interest of the Project. If City approves the
requests, Design-Builder still must follow the competitive procedures for
Self-Performed Construction Work.
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B. Competitive Procedures for Self-Performed Construction Work.
1. Design-Builder must submit to City’s Representative as part of the GMP
Proposal and on an Open Book Basis, pricing for Self-Performed
Construction Work that includes a detailed description of the scope of the
Work. The bid format shall be consistent with cost modeling provided during
Phase 1 Services.
2. Prior to providing City with pricing for Self -Performed Construction Work,
Design-Builder shall provide City with notice of when the pricing will be
submitted and allow City a sufficient amount of time to engage an
independent cost estimator to perform an independent cost estimate of the
pricing.
3. Prior to receipt of Design-Builder’s pricing for Self-Performed Construction
Work, City will perform an independent cost estimate of the pricing using,
among other things, current local construction market costs.
4. If Design-Builder’s pricing is within X percent of City’s independent cost
estimate, Design-Builder will be allowed to perform the Self -Performed
Construction Work.
5. If Design-Builder’s pricing for Self-Performed Construction Work is more
than X percent higher than City’s independent cost estimate, the Parties
shall meet and confer to compare pricing and attempt to reconcile any
differences. If necessary, Design-Builder will submit revised pricing and an
updated GMP Proposal following the meet and confer process.
6. The Special Conditions provide the value for X in the two foregoing
paragraphs.
7. Design-Builder shall submit revised pricing for Self-Performed Construction
Work and an updated GMP Proposal as may be necessary to continue
negotiations for a GMP Amendment. The process shall continue until either:
a. City agrees to the pricing for the Self -Performed Construction Work;
b. If City’s independent cost estimate cannot be reconciled with Design-
Builder’s pricing, Design-Builder agrees to perform the Self-
Performed Construction Work at City’s final independent cost
estimate;
c. At City’s sole discretion, allow Design-Builder to subcontract the
Self-Performed Construction Work pursuant to the subcontracting
procedures for Subcontractors in these General Conditions. Design-
Builder shall not be allowed to compete against bidders for the
Construction Work. If City allows Design-Builder to subcontract the
Self-Performed Construction Work, the minimum and maximum
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amount of Construction Work required to be performed by Design-
Builder on the Project shall not change.
d. At City’s sole discretion, follow the procedures in these General
Conditions for when the Parties are unable to execute a GMP
Amendment.
8. Design-Builder shall not be entitled to an increase of the GMP or any
extension of Contract Time related to the foregoing process.
C. Costs to Price and Bid Self -Performed Construction Work.
1. Any and all costs expended by Design -Builder to price Self-Performed
Construction Work shall be part of the Phase 1 Fee.
2. If City allows Design-Builder to subcontract the Self-Performed
Construction Work after failing to agree to pricing with Design-Builder for
Self-Performed Construction Work, Design-Builder shall be responsible for
any and all costs related to subcontracting the Self-Performed Construction
Work. This includes, but is not limited, costs to prepare Work Packages
and following the competitive subcontractor procurement procedures.
6.6 Key Subcontractors.
A. If applicable, pricing for Key Subcontractors shall be determined by following
the competitive procedures for Self -Performed Construction Work.
6.7 Subcontracted Construction Work.
A. Subcontracted Construction Work. Design-Builder shall develop and prepare
separate and specific Work Packages for each category of Subcontracted
Construction Work that clearly delineates the scope of subcontracted Work.
Design-Builder shall be responsible for the assembly, reproduction and
distribution of all documents defining the scope of work for each category of
Subcontracted Construction Work.
B. Competitive Subcontractor Procurement.
1. Compliance with Law. Design-Builder shall procure Subcontractors through
a competitive process that complies with Applicable Law, including, but not
limited to, legislation that authorizes the Contra ct. Subcontractors shall be
selected in accordance with protections provided by State law, including,
but not limited to, the Subletting and Subcontracting Fair Practices Act
(Public Contract Code sections 4100 et seq.). Exceptions to the competitive
process shall only be authorized as set forth in the Contract Documents.
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2. Prequalification. Design-Builder may, at its option, advertise for statements
of qualifications in order to prequalify or shortlist interested subcontractors
prior to soliciting bids or proposals.
3. Public Notice. Design-Builder shall provide notice of bidding for
Subcontracted Construction Work in accordance with the publication
requirements applicable to City’s competitive bidding process including a
fixed date and time on which qualification statements, bids, or proposals will
be due. These posting requirements shall also apply to a request for
qualifications.
4. Award Based on Best Value. Design-Builder shall award subcontracts to
responsible subcontractors based on a best value basis. Th e solicitation
shall identify all evaluation factors and their relative importance to
determination of the award. Design-Builder shall develop a written method
of determining the proposer who will provide the best value to the Project,
which shall include consideration of price and other relevant factors.
Design-Builder shall document its basis for making the award.
5. City Review of Bid Packages and Notice. At least fourteen (14) Days prior
to the release of Subcontracted Construction Work for bidding, Design-
Builder shall provide City with a copy of the written notice it will publish
(including newspaper advertising) to solicit potential subcontractors and a
copy of the Work Packages for the Subcontracted Construction Work. City
reserves the right to request that Design-Builder reasonably revise its
published notice or Work Package for Subcontracted Construction Work.
6. Bid/Proposal Opening. Design-Builder shall invite City to attend all bid and
proposal opening(s) for Subcontracted Construction Work and shall within
48 hours of the bid or proposal opening(s) provide copies or access to all
bid or proposal documents provided by all proposers or bidders.
7. Review of Bids, Proposals.
a. Solicitations shall include a procedure, developed and administered
by Design-Builder, for protesting a prequalification determination or
contract award. Design-Builder shall notify City of any protest prior
to responding to such protest. Design-Builder shall be solely
responsible for determining any protests to any of its subcontract
awards.
b. Design-Builder may reject all bids or proposals and may waive any
inconsequential irregularities in any bid or proposal. If Design-Builder
rejects a bid or proposal as non-responsive, or otherwise determines
the bidder or proposer is not eligible or qualified, Design -Builder shall
document the basis for any rejection.
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8. Contracts. Construction subcontracts shall be on a lump sum or unit price
basis, and Design-Builder shall not award contracts to Subcontractors on a
basis that uses a percentage of construction cost contracting.
9. Rights of City.
a. Without limiting anything set forth herein, Design-Builder
acknowledges and agrees that City shall have the right to: (a) review
and comment on all procurement documents; (b) attend any bid or
proposal openings; (c) attend any meetings with prospective
subcontractors; (d) review all bids, proposals, and other information
developed or otherwise resulting from any competitive procurement,
including Design-Builder’s tabulation, scoring or evaluation
materials; and (e) otherwise participate in the contract award
process. Design-Builder shall provide City sufficient time, but in no
case less than 20 Days, to exercise its rights regarding the foregoing.
Upon contract award, Design-Builder shall provide the City with a
description of the competitive process undertaken in connection with
such contract award, together with copies of all material documents
used in connection therewith and agreements resulting therefrom.
b. City, in its discretion, shall have the right to direct Design -Builder to
reject any or all bids and proposals and re-solicit any Subcontracted
Construction Work in accordance with the procurement
requirements of this Article in the event City is not satisfied that the
competitive process or pricing received is fair, reasonable and
consistent with industry standards for similar services. Design-
Builder shall not be entitled to an increase of the GMP or any
extension of Contract Time if City requires Design-Builder to re-
solicit any Subcontracted Construction Work due to Design -Builder
failing to follow the Contract requirements for solicita tion of
Subcontracted Construction Work.
C. Noncompetitive Subcontractor Procurement.
1. Design-Builder may procure Subcontractors without following the above
competitive procurement procedures only if:
a. The Phase 2 Price is less than $10,000,000; or
b. If the Phase 2 Price is equal to or greater than $10,000,000, the
Subcontracted Construction Work is equal to or less than one -half of
one percent (0.5%) of the Phase 2 Price.
2. If following Design-Builder’s diligent and good faith solicitation of a number
of sources, Design-Builder determines that competition is determined to be
inadequate, Design-Builder may, with City’s express written authorization,
utilize a noncompetitive process or may self-perform the Subcontracted
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Construction Work by following the procurement procedures for Self-
Performed Construction Work.
3. For a noncompetitive procurement, Design-Builder may obtain quotes,
negotiate price or utilize any other selection method. Noncompetitively
procured Subcontractors must still meet all other requirements of the
Contract Documents, including but not limited to agreeing to being
registered with the Department of Industrial Relations to perform public
works and maintaining all appropriate licenses and qualifications to perform
the respective Subcontracted Construction Work.
6.8 GMP Proposal.
A. Generally.
1. As part of Phase 1 Services, Design-Builder shall prepare a GMP Proposal
as directed by City.
2. Prior to providing City with a GMP Proposal, Design-Builder shall provide
City notice of when the GMP Proposal will be submitted. City shall be
provided with a sufficient amount of time to review a GMP Proposal.
3. The GMP Proposal shall include and be based upon the Contract
Documents and all other information, analysis, findings and reports
provided to Design-Builder during the performance of Phase 1 Services and
shall be prepared in accordance with the Contract Documents, including the
Phase 1 Scope of Services.
4. Design-Builder shall develop the GMP on an Open Book Basis, providing
City with full access to all details that make up the GMP Proposal.
5. Each GMP Proposal shall include a detailed and comprehensive
description of how the proposed GMP was derived and the material factors
on which it was based, all in compliance with the contractual requirements
for establishing the GMP, together with any other related information
required pursuant to this Article. All costs, bids, quotes, estimates and other
information supporting the GMP Proposal shall be made available to City.
6. Design-Builder shall not be entitled to an increase of the GMP or any
extension of Contract Time related to the GMP Proposal process.
B. Components of GMP Proposal. Design-Builder shall include with the GMP
Proposal a written statement of its basis for the GMP, which shall include the
following:
1. A list of the Construction Documents, including, among other things, the
Drawings and Technical Specifications used as the basis for the GMP.
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2. A list of the assumptions, exceptions, and clarifications made by Design -
Builder in the preparation of the GMP Proposal, which list is intended to
supplement the information contained in the Construction Documents.
3. Design-Builder’s proposed GMP on an Open Book Basis, including, but not
limited to, the following:
a. A proposed cost to complete the Design Work for the Project and
providing design support services during Phase 2;
b. A proposed Cost of Work with Design-Builder’s Self-Performance
Fee and Design-Builder’s Subcontractor Fee;
c. A proposed bond cost;
d. A proposed insurance cost;
e. A proposed Design-Builder Contingency, if any;
f. A proposed Allowance, if any;
g. A proposed schedule of values for the Work; and
h. A proposed list of Subcontractors performing Subcontracted
Construction Work, if known.
4. A proposed Phase 2 CPM Schedule.
5. A proposed Contract Time; and
6. Any other information requested by City as necessary or appropriate to
negotiate and execute the GMP Amendment.
C. Early Purchase Items; Early Construction Packages. In the event that an Early
Purchase Item Amendment or Early Construction Package Amendment has
been executed prior to submittal of the Phase 1 Proposal, a proposal as to the
manner in which the technical, price, schedule and other terms and conditions
contained in the Early Purchase Item Amendment or Early Construction
Package Amendment will be incorporated and taken account of in the GMP
Amendment, with the objective that the GMP Amendment will contain and
supersede all of the terms and conditions of any Early Purchase Item
Amendment or Early Construction Package Amendment.
6.9 GMP Amendment.
A. Obligations of Design-Builder.
1. Design-Builder shall be obligated (1) to make a complete bona fide GMP
Proposal in accordance with this Article and the Contract Documents, and
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(2) to negotiate in good faith toward a GMP Amendment based on the GMP
Proposal.
2. If the GMP Proposal does not comply with the requirements of the Contract,
City’s Representative shall provide written notice t o Design-Builder of any
additions, corrections or revisions required to achieve such compliance. In
such event, Design-Builder, at its cost and expense and without any
increase in the Phase 1 Fee, shall promptly take all necessary rectification
action, make multiple re-submittals if required. The failure of Design-Builder
to provide a GMP Proposal in accordance with the Contract Documents
shall be a material breach of the Contract.
B. Negotiation, Execution of GMP Amendment.
1. City and Design-Builder acknowledge and agree that each intends to
negotiate and enter a GMP Amendment mutually acceptable to the Parties
for the performance of the Work based on the GMP Proposal.
2. The execution and delivery of the GMP Amendment shall establish the
GMP and the Contract Time for Phase 2, along with other basic terms and
conditions of the Contract which were not established at the Effective Date.
Unless otherwise expressly stated by the Parties in the GMP Amendment,
the GMP Amendment shall not modify any portion of the Contra ct
Documents.
3. The execution of a GMP Amendment shall not prejudice any right of City
with respect to the remainder of the Construction Work, including City’s right
to terminate the Contract and not construct Work Packages.
C. Representations in the GMP Amendment.
1. In the event the Parties execute a GMP Amendment, the GMP Amendment
shall be deemed to constitute a representation by Design -Builder that:
a. It has examined, carefully studied, and thoroughly understands the
Contract Documents associated with the Project;
b. It has thoroughly reviewed and verified all information provided to or
obtained by Design-Builder through the performance of Phase 1
Services, including reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures
at or contiguous to the Site;
c. It has become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance
of the Project;
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d. It is familiar with and is satisfied as to all Applicable Law that may
affect cost, progress, and performance of the Project;
e. It has considered the information known to Design-Builder, including
information commonly known to contractors doing business in the
localities of the Site; information and observations obtained from
visits to the Site; and the Site-related reports and drawings identified
in the Contract Documents, with respect to the effect of such
information, observations, and documents on:
(i) The cost, progress, and performance of the Project; and
(ii) The means, methods, techniques, sequences, and procedures of
construction to be employed by Design-Builder, including any
specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Contract
Documents.
f. Based on all of the foregoing and the performance of Phase 1
Services, the Site constitutes an acceptable and suitable location for
construction of the Project;
g. It does not consider that further examinations, investigations,
explorations, tests, studies, or data are necessary for it to enter into
the GMP Amendment for the completion of the Work for the GMP
within the Contract Time, and in accordance with the other terms and
conditions of the Contract;
h. The Contract Documents are sufficient to enable Design -Builder to
determine the GMP and Contract Time; and
i. Subject to the terms and conditions of the Contract, the GMP can be
completed in accordance with the Contract Documents for the GMP
within the Contract Time.
D. Failure to Execute GMP Amendment.
1. If the Parties are unable to reach an agreement on Design -Builder’s GMP
Proposal and execute a GMP Amendment, City reserves the right, in its
sole discretion, to, without limitation, do any of the following (or, a
combination thereof):
a. Allow the Design-Builder to complete Phase 1, if not yet completed.
City shall pay Design-Builder only for the compensation agreed to
for Phase 1. All deliverables. including but not limited to. Work
Product and Construction Documents shall become the exclusive
property of City.
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b. Complete the Project as a traditional design-bid-build project and
have the Design-Builder prepare of a fully biddable set of Drawings
and Technical Specifications, provide bid phase support, and
provide design support services during construction. City and
Design-Builder shall negotiate compensation for Design-Builder to
perform such services based on Design-Builder’s Cost Proposal
Form.
c. Terminate Design-Builder for convenience in accordance with the
General Conditions and take possession of any Work Product
Construction Documents, even if not complete.
d. Complete the Project by any other project delivery method, including,
but not limited to, soliciting proposals to complete the Project from
other firms that submitted SOQs in response to the RFP for this
Project, or seek approval from the City Council that it is in the best
interest of City to formally solicit proposals from other design -build
entities. Design-Builder shall not be entitled to bid or propose on any
part of the Project.
2. City shall have the right at any time in its discretion to proceed to develop
and implement Work Packages with other contractors. City may exercise
such right during the performance of Phase 1 Services, upon termination of
the Contract or upon any failure of the Parties to execu te a GMP
Amendment.
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ARTICLE 7 - SUBMITTALS; SHOP DRAWINGS
7.1 Submittals.
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed for
Phase 2 or any GMP (unless otherwise specified in the Contract Documents),
Design-Builder will prepare and deliver a Schedule of Submittals to City that
has been fully integrated with the Phase 2 CPM S chedule and identifies each
Submittal required by the Contract Documents as well as the date on which
Design-Builder will deliver each Submittal to City. Each Submittal must be
delivered to City at least thirty (30) Days prior to the date the material or
equipment is scheduled to be incorporated into the Work. Design-Builder is
responsible for any schedule delays resulting from the Submittal process.
B. Submittal Procedures.
1. Procedures. Except as otherwise specifically stated in the Contract
Documents, Design-Builder will abide by the following procedures for each
Submittal, Shop Drawing and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Design -Builder to mark
revised Submittals with original number and sequential alphabetic
suffix.
c. Each Submittal will identify the Project, Design -Builder,
Subcontractor and Supplier, pertinent Drawing and detail number,
and Specification section number appropriate to Submittal.
d. By transmitting a Submittal, Design-Builder certifies it has reviewed
and approved each Submittal, verified products required, field
dimensions, adjacent construction work, and that coordination of
information is according to requirements of the Work and Contract
Documents.
e. Identify variations in Contract Documents and product or system
limitations that may differ and/or be detrimental to successful
performance of a completed Work.
f. When Submittal is returned to Design-Builder with comments for
revision, Design-Builder shall promptly address the City’s
Representative’s comments and resubmit. Design-Builder shall
identify changes made since previous submission. Delays resulting
from incorrect submittals are not the responsibility of City.
g. City’s review of Shop Drawings shall not relieve Design-Builder from
responsibility for deviations from the Contract Documents unless
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Design-Builder has, in writing, called City’s attention to such
deviations at time of submission and City has taken no exception to
the deviation. City’s review of Shop Drawings shall not relieve
Design-Builder from responsibility for errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by
City will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by City and returned to
Design-Builder. Delays resulting from incomplete Submittals are not
the responsibility of City.
j. Design-Builder shall not be entitled to an increase of a GMP or any
extension of the Contract Time as a result of the Submittal process.
k. Design-Builder shall allow a minimum of 20 Days for review of
Submittals unless otherwise specified in the Contract Documents.
2. Early Work. Where a Submittal, Shop Drawing or Sample is required by the
Contract Documents or the Schedule of Submittals, any related Work
performed prior to City review and acceptance of the pertinent submittal will
be performed at the risk and sole expense and res ponsibility of Design-
Builder.
C. Schedule Milestone for Submittals. Design-Builder must submit all Submittals
required by the Contract Documents in accordance with the Schedule of
Submittals. If Design-Builder fails to submit the Submittals in accordance wit h
the Schedule of Submittals, Design-Builder will be solely liable for any delays
or impacts caused by the delayed Submittal, whether direct or indirect. Design-
Builder will be liable for the time calculated from the date the Submittal is due
until the date a compliant Submittal is made. A compliant Submittal will be one
that is complete and satisfies the requirements of the Contract Documents.
7.2 Shop Drawings and Sample Submittal Procedures.
A. Prerequisites. Except as otherwise specifically stated in the Contract
Documents, Design-Builder will abide by the following procedures for Shop
Drawings and Samples. Before submitting each Shop Drawing or Sample,
Design-Builder shall have:
1. Reviewed and coordinated each Shop Drawing or Sample with other Shop
Drawings and Samples and with the requirements of the Work and the
Contract Documents;
2. Determined and verified all field measurements, quantities, dimensions,
specified performance and design criteria, installation r equirements,
materials, catalog numbers, and similar information with respect thereto;
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3. Determined and verified the suitability of all materials offered with respect
to the indicated application, fabrication, shipping, handling, storage,
assembly, and installation pertaining to the performance of the Work; and
4. Determined and verified all information relative to Design-Builder’s
responsibilities for means, methods, techniques, sequences, and
procedures of construction, and safety precautions and programs inci dent
thereto.
B. Variations. With each Submittal, Design-Builder shall give City specific written
notice of any variations that the Shop Drawing or Sample may have from the
requirements of the Contract Documents. This notice shall be both a written
communication separate from the Shop Drawings or Sample Submittal and, in
addition, a specific notation made on each Shop Drawing or Sample submitted
to City for review and approval of each such variation.
C. Shop Drawings.
1. Data shown on the Shop Drawings will be compl ete with respect to
quantities, dimensions, specified performance and design criteria,
materials, and similar data to show City the services, materials, and
equipment Design-Builder proposes to provide and to enable City to review
the information for assessing conformance with information given and
design concept expressed in Contract Documents.
2. When required by individual Specification sections, provide Shop Drawings
signed and sealed by a professional engineer responsible for designing
components shown on Shop Drawings. Shop Drawings must include signed
and sealed calculations to support design in a form suitable for submission
to and approval by Governmental Bodies having jurisdiction over the
Project.
3. Shop Drawings for steel structures shall consist of shop details, erection
and other working drawings showing details, dimensions, sizes of members
and other information necessary for the complete fabrication and erection
of the metal work.
4. Shop Drawings of concrete structures shall consist of such detailed
drawings as may reasonably be required for the successful prosecution of
the Work and which are not included in the Drawings. These may include
drawings for false work, bracing, centering and form work, masonry layout
diagrams, and diagrams for bent reinforcement.
5. Design-Builder shall make revisions and provide additional information
when required by Governmental Bodies having jurisdiction over the Project.
D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data
such as catalog numbers, the use for which intended and other data as
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required to enable City to review the submittal for assessing conformance with
information given and design concept expressed in Contract Documents.
Samples should be of appropriate size and detail to assess functional,
aesthetic, color, texture, patterns and finish selection.
E. City’s Review. City will review Shop Drawings and Samples in accordance with
the Schedule of Submittals. City’s review and acceptance will be only to
determine if the items covered by the Submittals will, after installation or
incorporation in the Work, conform to the information given in the Contract
Documents and be compatible with the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents. City
review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction (except where a particular means,
method, technique, sequence, or procedure of construction is specifically and
expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item functions. City’s
review and acceptance shall not relieve Design -Builder from responsibility for
any variation from the requirements of the Contract Documents unless City has
given written approval of each such variation by specific written notation thereof
incorporated in or accompanying the Shop Drawing or Sample.
F. Resubmittal Procedures. Design-Builder shall make corrections required by
City and shall return corrected Shop Drawings and submit, as required, new
Samples for review and approval. Design-Builder shall direct specific attention
in writing to revisions other than the corrections called for by City on previous
Submittals.
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ARTICLE 8 - MATERIALS; EQUIPMENT
8.1 Materials, Equipment.
A. New Materials,Equipment. Unless otherwise specified, all materials, parts, and
equipment furnished by Design-Builder in the Work shall be new, the best of
their respective kinds and grades as noted and/or specified, and workmanship
shall be of good quality. No materials, supplies, or equipment for Construction
Work under the Contract shall be purchased subject to any chattel mortgage
or under a conditional sale or other agreement by which an interest therein or
in any part thereof is retained by the seller or Supplier. Design-Builder warrants
good title to all material, supplies, and equipment installed or incorporated in
the Work and agrees upon completion of all work to deliver the Project, to City
free from any claims, Liens, or charges.
B. Necessary Materials, Equipment. Except as otherwise specifically stated in the
Contract Documents, Design-Builder shall provide and pay for all materials,
labor, tools, equipment, water, lights, power, transportation, superintendence,
temporary constructions of every nature, and all other service s and facilities
whatsoever necessary to execute and complete this Project within the Contract
Time. Materials shall be furnished in ample quantities and at such times as to
ensure uninterrupted progress of the Construction Work and shall be stored
properly and protected as required by the Contract Documents. Design -Builder
shall be entirely responsible for damage or loss by weather or other causes to
materials or Work. Materials shall be stored on the Site in such manner so as
not to interfere with any operations of City or any Separate Contractor.
C. Verifications of Needed Materials, Equipment. Design-Builder shall verify all
measurements, dimensions, elevations, and quantities before ordering any
materials or equipment or performing any Work, and City shall not be liable for
Design-Builder’s failure to so. No additional compensation will be allowed
because of differences between actual measurements, dimension, elevations
and quantities and those indicated on the Construction Documents.
D. Materials and Equipment Provided by City. If applicable and upon written
request of Design-Builder, any materials or equipment furnished by City shall
be available to Design-Builder within a reasonable time at the points
designated in the Contract Documents. The cost of handling, including loading
and unloading, transport, storing, and placing all materials or equipment after
they are made available to Design-Builder shall be considered as included in
the GMP. Design-Builder shall be responsible for all material or equipment
furnished to Design-Builder, and deductions will be made from any monies due
to Design-Builder to make good any shortages, damages and deficiencies,
from any cause whatsoever, which may occur after materials or equipment are
provided.
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E. Storage of Materials, Equipment. Design-Builder may request payment for
materials and equipment not incorporated in the Work but properly stored at
the Site or at another location. Such request must be writing, accompanied by
a bill of sale, paid invoice or other documentation warranting that Design-
Builder has received the materials and equipment free and clear of all charges,
security interests and encumbrances, and include evidence that the materials
and equipment are covered by appropriate property insurance and other
arrangements to protect City’s interest therein, including security and
transportation to the Site. City has the sole discretion whether or not to
approves the request. If City approves the request, payment may be requested
on the next application for payment. No payment will be made for perishable
materials that could be rendered useless because of long storage periods.
8.2 Test and Inspections of Work.
A. Inspection of Work.
1. Inspection Notifications, Costs. If the Contract Documents, City’s
Representative, Applicable Law, or Governmental Body requires any part
of the Work to be tested or approved by City, Design -Builder shall provide
City’s Representative at least two (2) Days’ notice of its readiness for
observation or inspection. If inspection is by a Governmental Body other
than City, Design-Builder shall provide proper notice as required by the
Governmental Body and promptly inform City of the date fixed for such
inspection. Required certificates of inspection (or similar) shall be secured
by Design-Builder. Costs for City testing and inspection shall be paid by
City. Cost for any testing and inspection not performed by Agency shall be
included in the GMP. Costs of tests for Work found not to be in compliance
shall be paid by Design-Builder.
2. Inspection Hours. If Design-Builder gives notice of an inspection pursuant
to the Contract Documents, City will provide inspection during normal
working hours, Monday through Friday, between 7:00 a.m. and 5:00 p.m.
For inspections on Saturdays, Sundays, or Holidays, Design -Builder shall
first, pursuant to procedures in the Contract Documents, receive
authorization in writing from City to work outside normal working hours.
3. Extra Costs. Design-Builder shall pay for the cost of any minimum “show
up” costs of a materials testing technician that was called for by Design-
Builder but ultimately Design-Builder work was not ready for the inspection.
Any such costs shall be deducted from any amounts due to Design -Builder.
If any Work is done or covered up without the required testing or approval,
Design-Builder shall uncover or deconstruct the Work, and the Work shall
be redone after completion of the testing at Design -Builder’s cost in
compliance with the Contract Documents.
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4. Independent Laboratory. Where inspection or testing is conducted by an
independent laboratory or agency, materials or samples of materials to be
inspected or tested shall be selected by such laboratory or agency, or by
City’s Representative, and not by Design-Builder. Unless otherwise stated
and as provided by the Contract Documents, City shall employ and pay for
the services of an independent testing laboratory to perform all inspections,
tests, or approvals required by the Contract Documents. All tests or
inspections of materials shall be made in accordance with t he commonly
recognized standards of national organizations.
5. Reexamination of Work. Reexamination of Work may be ordered by City. If
so ordered, Work must be uncovered or deconstructed by Design -Builder.
If Work is found to be in accordance with the Contract Documents, City shall
pay the costs of reexamination and reconstruction. If such work is found not
to be in accordance with the Contract Documents, Design-Builder shall pay
all costs.
B. Testing of Materials.
1. Manufactured Materials. In advance of manufacture of materials to be
supplied by Design-Builder which must be tested or inspected, Design -
Builder shall notify City so that City may arrange for testing at the source of
supply. Any materials which have not satisfactorily passed such testing and
inspection shall not be incorporated into the Work. If the manufacture of
materials to be inspected or tested will occur in a plant or location greater
than sixty (60) miles from City, Design-Builder shall pay for and include in
the GMP any excessive or unusual costs associated with such testing or
inspection, including but not limited to excessive travel time, standby time
and required lodging.
2. Testing. Unless otherwise specified in the Contract Documents, all initial
testing and a reasonable amount of retesting will be performed under the
direction of the City’s Representative, and at no expense to Design -Builder.
Design-Builder shall notify the City’s Representative in writing, at least 15
Days in advance, of its intention to use materials for which tests are
specified, to allow sufficient time to perform the tests. The notice shall name
the proposed Supplier and source of material. If the notice of intent to use
is sent before the materials are available for testing or inspection, or is sent
so far in advance that the materials on hand at the time will not last but will
be replaced by a new lot prior to use on the Work, it will be Design -Builder's
responsibility to re-notify the City’s Representative when samples which are
representative may be obtained.
3. Certificate of Compliance. A certificate of compliance shall be furnished to
the City’s Representative prior to the use of any material or assembled
material for which these Contract Documents so require or if so required by
the City’s Representative. The City’s Representative may waive the
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materials testing requirements and accept a certificate of compliance.
Material test data may be required by the City’s Representative to be
included with the Submittal. Materials used on the basis of a certificate of
compliance may be sampled and tested at any time. The submission of a
certificate of compliance shall not relieve Design-Builder of responsibility for
incorporating material into the Work which conforms to the requirements of
the Contract Documents, and any material not conforming to the
requirements will be subject to rejection by the City’s Representative
whether in place or not. Copies of mill certificates of composition and quality
of all component materials (e.g., reinforcing steel, structural steel, lumber,
etc.) incorporated in the construction of the Work shall be provided to City
at the time of delivery. City shall retain the right to reject any raw material
not provided with a mill certificate at the time of delivery.
4. Unacceptable Material. If, after incorporating such materials into the Work,
it is found that sources of supply that have been approved do not furnish a
uniform product, or if the product from any source proves unacceptable at
any time, Design-Builder shall remove such material and furnish appro ved
material from other approved sources. If any product proves unacceptable
after improper storage, handling or for any other reason it shall be rejected,
not incorporated into the Work, and shall be removed from the Site all at
Design-Builder’s expense.
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ARTICLE 9 - PROJECT SITE
9.1 Use of Project Site.
A. Design-Builder Laydown Areas, Field Office. Laydown and staging areas for
construction materials and equipment required for the Work and Design -
Builder’s field office shall be located on the Site or at other locations approved
by City. The locations at the Site shall be identified in a GMP Amendmen t or
the Construction Documents.
B. City Field Office. If specified in a GMP Amendment or the Construction
Documents, Design-Builder shall provide and maintain an on-site field office
and bathroom for the exclusive use of the City’s Representative and their staff.
The field office shall be completely equipped, fully functional, and ready for use
within ten (10) Days of the commencement date for Phase 2 stated in the
Notice to Proceed and must be maintained for the duration of the entire Project.
The locations at the Site shall be identified in a GMP Amendment or the
Construction Documents.
C. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-
of-entry for the Project will be provided as shown in the Contract Documents.
Unless otherwise specified in the Contract Documents, Design -Builder shall
make arrangements, pay for, and assume all responsibility for acqu iring, using,
and disposing of additional work areas and facilities temporarily required.
Design-Builder shall indemnify, defend and hold City harmless from all claims
for damages caused by such actions. Design-Builder shall confine construction
equipment, the storage of materials and equipment, and the operations of
workers to the Site and other areas permitted by Applicable Laws and shall not
unreasonably encumber the Site and other areas with construction equipment
or other materials or equipment. Design-Builder shall not use the Site for
anything not directly related to constructing the Work, including, but not limited
to, housing employees and other non-Work activities. Design-Builder shall
assume full responsibility for any damage to any such land or a rea, or to City
or occupant thereof, or of any adjacent land or areas resulting from the
performance of the Work.
D. Sanitary Facilities. Design-Builder shall provide sanitary temporary toilet
buildings and hand washing facilities for the use of all workers. All toilets and
hand washing facilities shall comply with Applicable Laws. Toilets shall be
placed inside sealed secondary containment devices installed on a flat, level
surface. Accumulated liquids in the secondary containment devices shall be
properly removed and legally disposed of without spillage onto the ground.
Toilets shall be kept supplied with toilet paper and shall have workable door
fasteners. Toilets and hand washing facilities shall be serviced no less than
once weekly and shall be presented in a quantity of not less than 1 per 20
workers as required by Cal/OSHA regulations. The toilets and hand washing
facilities shall be maintained in a sanitary condition at all times. Any other
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sanitary facilities required by Cal/OSHA shall be the responsibi lity of Design-
Builder.
E. Utility Usage. All temporary utilities, including but not limited to electricity,
water, gas, and telephone, used for the Project shall be furnished and paid for
by Design-Builder. Design-Builder shall provide necessary temporary
distribution systems, including meters, if necessary, from distribution points to
points where the utility is needed. Upon completion of the Project, Design -
Builder shall remove all temporary distribution systems. Design -Builder shall
provide necessary and adequate utilities and pay all costs for water, electricity,
gas, oil, and sewer charges required for completion of the Project, including
but not limited to startup and testing required in the Contract Documents. All
permanent meters installed shall be listed in Design-Builder’s name until the
Project is accepted. For Work to be performed in existing City facilities, Design -
Builder may use City’s existing utilities, provided such use is reasonable under
the circumstances. If Design-Builder uses City utilities, it will not need to
compensate City for reasonably consumption of utilities, but Design-Builder will
be responsible for any excessive, unreasonable or wasteful utility usage.
F. Site Maintenance. During the progress of the Work, Design-Builder shall keep
the Site and other areas free from accumulations of waste materials, rubbish,
and other debris including without limitation before the end of each shift.
Removal and disposal of such waste materials, rubbish, and other debris shall
conform to Applicable Laws. Design-Builder shall furnish trash bins for all
debris from construction. All debris shall be placed in trash bins daily. Forms
and false-work that are to be re-used shall be stacked neatly concurrently with
their removal. Forms and false-work that are not to be re-used shall be
disposed of concurrently with their removal.
G. Cleaning. Prior to completion of the Project, Design-Builder shall clean the Site
and make it ready for utilization by City. At the completion of the Project Design -
Builder shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition all
property not designated for alteration by the Contract Documents.
H. Work Hours. Work may be performed at the Site Monday through Friday,
between 7:00 a.m. and 5:00 p.m . and shall be considered normal working
hours. For Work performed on Saturdays, Sundays, or Holidays, Design-
Builder shall request authorization in writing from City at least 72 hours prior to
the requested date of work. Approval from City to work outside normal working
hours shall be at its sole discretion.
I. Parking. Design-Builder shall be responsible for the parking of any and all
vehicles belonging to its employees or employees of its Subcontractors in a
legal manner at no additional expense or inconvenience to the City.
9.2 Preservation and Restoration of Property.
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A. Document Site. With the latest technology and prior to Construction Work,
Design-Builder shall digitally record video and take photographs of the Site and
adjacent improvements in a manner and quality that clearly depicts the existing
condition of the Site and adjacent improvements immediately prior to the start
of work. Design-Builder shall submit the video and photos in a manner specified
by City.
B. Responsible for Damage. Design-Builder shall be responsible for all damages
to persons or property that occur as a result of the Work. Design-Builder shall
be responsible for the proper care and protection of all materials delivered and
Work performed until completion and final acceptance by City. All Work shall
be solely at Design-Builder’s risk. Design-Builder shall be responsible for the
preservation of public and private property including along and adjacent to the
Site. Design-Builder shall adequately protect adjacent property from settlement
or loss of lateral support as necessary. Design -Builder shall take every
precaution necessary to prevent damage to pipes, conduits, and other
underground structures and shall protect carefully from disturbance or damage
all land, survey monuments, and property markers. When or where any direct
or indirect damage is done to City’s, or adjacent, property by or on account of
any act, omission, neglect, or misconduct in the performance of Work or in
consequence of the non-performance thereof on the part of Design-Builder,
Design-Builder shall restore, at Design-Builder’s own expense, such property
to a condition equal to that existing before such damage was done by repairing,
rebuilding, or otherwise restoring same, or Design-Builder will make good such
damage in an acceptable manner.
C. Protection of Site. Design-Builder shall comply with all Applicable Laws to
prevent accidents or injury to persons on, about, or adjacent to the Project site
where Work is being performed. Design-Builder shall erect and properly
maintain at all times, as required by field conditions and progress of work, all
necessary safeguards, signs, barriers, lights, and watchmen for protection of
workers and the public, and shall post danger signs warning against hazards
created in the course of construction. Design-Builder shall provide such heat,
covering, and enclosures as are necessary to protect all Work, materials,
equipment, appliances, and tools against damage by weather conditions.
Design-Builder shall:
1. Enclose the working area with a substantial barricade, and arrange work to
cause minimum amount of inconvenience and danger to the public.
2. Provide substantial barricades around any shrubs or trees indicated to be
preserved.
3. Deliver materials to the Site over a route designated by City.
4. Confine Design-Builder’s apparatus, the storage of materials, and the
operations of its workers to limits required by law, ordinances, permits, or
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directions of City. Design-Builder shall not unreasonably encumber the Site
with its materials.
5. Take care to prevent disturbing or covering any survey markers,
monuments, or other devices marking property boundaries or corners. If
such markers are disturbed by accident, they shall be replaced by a civil
engineer or land surveyor acceptable to City, at no cost to City.
6. Ensure that existing facilities, fences and other structures are all adequately
protected and that, upon completion of all Work, all facilities that may have
been damaged are restored to a condition acceptable to City.
7. Preserve and protect from injury all buildings, pole lines and all directional,
warning and mileage signs that have been placed within the right -of-way.
8. At the completion of work each day, leave the Work and the Site in a clean,
safe condition.
9. Comply with any stage construction and/or traffic handling plans. Access to
residences and businesses shall be maintained at all times, except with
City’s written approval. Any request for approval to reduce or restrict access
to residences and business must be submitted to City at least seven (7)
Days in advance, and City may issue or withhold approval in its sole
discretion.
D. Continuous Protection of Site. These precautionary measures will apply
continuously and not be limited to normal working hours. Full compensation for
the work involved in the protection and preservation of life, safety and property
as above specified shall be considered as included in the GMP, and no
additional allowance will be made therefor.
E. Notification of Damage. Should damage to persons or property occur as a
result of the Work, Design-Builder shall promptly notify City in writing. Design-
Builder shall be responsible for proper investigation and documentation,
including video or photography, to adequately memorialize and make a record
of what transpired. City shall be entitled to inspect and copy any such
documentation, video, or photographs. If Design-Builder fails to respond to
written demand for the repair of damage to property within twenty-four (24)
hours of such notification, City reserves the right to repair the damage. Repairs
made by City on Design-Builder’s behalf shall be reimbursed by Design-Builder
to City or said costs of repairs may be deducted from amounts owed to Design-
Builder.
9.3 Conditions at Project Site.
A. Reports and Drawings. City has provided to Design-Builder those reports
known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and those drawings known to City of physical conditions
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relating to existing surface or subsurface structures at the Site, including,
among other things, Underground Facilities.
B. Verification of Reports and Drawings. As part of Phase 1, Design-Builder shall
independently verify and confirm the accuracy, completeness, and sufficiency
of any documents furnished by City, and shall promptly report in writing to City
any error, omission, or insufficiency in such documents that Design-Builder
discovers.
C. Unverified Reports and Drawings. For “technical data” in reports and drawings
provided to Design-Builder, but not verified during Phase 1, Design-Builder
may rely upon the accuracy of the “technical data” contained in such reports
and drawings, which were expressly not created or obtained to evaluate or
assist in the evaluation of constructability, and are not Contract Documents.
D. Reports and Drawings. Design-Builder shall make its own interpretation of the
“technical data” in the reports and drawings and shall be solely responsible for
any such interpretations. Except for reliance on the accuracy of such “technical
data,” Design-Builder may not rely upon or make any claim against City, City’s
Representative, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors, with respect to:
1. The completeness of such reports and drawings for Design-Builder’s
purposes, including without limitation any aspects of the means, methods,
techniques, sequences, and procedures of construction to be employed by
Design-Builder, and safety precautions and programs incident thereto;
2. Other data, interpretations, opinions, conclusions and information
contained in such reports or shown or indicated in such drawings; or
3. Any Design-Builder interpretation of or conclusion drawn from any
“technical data” or any such other data, interpretations, opinions, or
information.
9.4 Ownership of Site Materials Found.
A. The title to water, soil, rock, gravel, sand, minerals, timber and any other
materials developed or obtained in the excavation or other operations of
Design-Builder or any of its Subcontractors in the performance of the Contract,
and the right to use said items in carrying out the Contract, or to dispose of
same, is hereby expressly reserved by City. Neither Design-Builder nor any of
its Subcontractors nor any of their representatives or employees shall have any
right, title, or interest in said materials, nor shall they assert or make any claim
thereto. Except as otherwise specified in the Contract Documents, Design -
Builder will, as determined by City, be permitted to use i n the Work without
charge, any such materials which meet the requirements of the Contract
Documents, provided City shall have the right to use or consume these
materials without payment to a third party.
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9.5 Existence of Utilities at the Work Site.
A. Existing Utilities. The location of known existing utilities and pipelines are
shown on the Construction Documents in their approximate locations.
However, nothing herein shall be deemed to require City to indicate the
presence of existing service laterals or appurtenances whenever the presence
of such utilities on the Site of the project can be inferred from the presence of
other visible facilities, such as buildings, cleanouts, meter and junction boxes,
on or adjacent to the Site of the Project. City will assume the responsibility for
the timely removal, relocation, or protection of existing main or trunk line utility
facilities located on the Project site if such utilities are not identified in the
Contract Documents, cannot reasonably be inferred from the presence of other
visible facilities, or could not have identified by Design-Builder in its
performance of its Phase 1 Services or other contractual responsibilities.
B. Utility Location.
1. Location. It shall be Design-Builder’s responsibility to determine the exact
location and depth of all utilities, including service connections, which
Design-Builder believes may affect or be affected by Design -Builder’s
operations, by taking all reasonable steps necessary including, but not
limited to, calling Underground Service Alert to locate utilities in accordance
with the procedures described in Government Code 4216 et seq. Design-
Builder shall not be entitled to additional compensation nor time extensions
for work necessary to avoid interferences nor for repair to damaged utilities
if Design-Builder does not expose all such existing utilities as required by
this Article. The locating of utilities shall be in conformance with
Government Code section 4216 et seq. except for City’s utilities located on
City’s property and not on public right-of-way.
2. Notification. Pursuant to Government Code section 4216.2, Design-Builder
shall contact the appropriate regional notification center at least two (2)
working days but not more than 14 Days before performing any excavation.
The date of the notification shall not count as part of the two -working-day
notice. Before notifying the appropriate regional notification center, Design-
Builder shall delineate the area to be excavated. Design -Builder shall
request that the utility owners conduct a utility survey and mark or otherwise
indicate the location of their service. Design -Builder shall furnish to the
City’s Representative written documentation of its contact(s) with the
regional notification center prior to commencing excavation at such
locations.
3. Potholing. After the utility survey is completed, Design-Builder shall
commence “potholing” or hand digging to determine the actual location of
the pipe, duct, or conduit and in accordance with Government Code section
4216.4 if the excavation within the “tolerance zone” of a subsurface
installation. A “subsurface installation” is defined in Government Code
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section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other
structure, except non-pressurized sewer lines, non-pressurized storm
drains, or other non-pressurized drain lines.” The City’s Representative
shall be given notice prior to commencing potholing operations. Design -
Builder shall uncover all piping and conduits, to a point one (1) foot below
the pipe, where crossings, interferences, or connections are shown on the
Construction Documents, prior to trenching or excavating for any pipe or
structures, to determine actual elevations. New pipelines shall be laid to
such grade as to clear all existing facilities, which are to remain i n service
for any period subsequent to the construction of the run of pipe involved.
4. High Priority Subsurface Installation. Design-Builder's attention is directed
to the requirements of Government Code section 4216.2 (c) which provides:
“When the excavation is proposed within 10 feet of a high priority
subsurface installation, the operator of the high priority subsurface
installation shall notify the excavator of the existence of the high priority
subsurface installation to set up an onsite meeting prior t o the legal
excavation start date and time or at a mutually agreed upon time to
determine actions or activities required to verify the location and prevent
damage to the high priority subsurface installation. As part of the meeting,
the excavator shall discuss with the operator the method and tools that will
be used during the excavation and the information the operator will provide
to assist in verifying the location of the subsurface installation. The
excavator shall not begin excavating until after the completion of the onsite
meeting.” A “high priority subsurface installation” is defined in Government
Code section 4216 (j) as “high-pressure natural gas pipelines with normal
operating pressures greater than 415kPA gauge (60psig) or greater than
six inches nominal pipe diameter, petroleum pipelines, pressurized sewage
pipelines, high-voltage electric supply lines, conductors, or cables that have
a potential to ground of greater than or equal to 60kv, or hazardous
materials pipelines that are potentially hazardous to workers or the public if
damaged.” Design-Builder shall notify the City’s Representative in advance
of this meeting.
C. Utility Relocation and Repair. If interferences occur at locations other than
those indicated in the Contract Documents with reasonable accuracy, Design-
Builder shall notify the City’s Representative in writing. The City’s
Representative will supply a method for correcting said interferences in
accordance with the responsibilities of this Article and Government Code
section 4215. Care shall be exercised by Design-Builder to prevent damage to
adjacent existing facilities and public or private works; where equipment will
pass over these obstructions, suitable planking shall be placed. If high priority
subsurface installations are damaged and the operator cannot be contacted,
Design-Builder shall call 911 emergency services. Temporary or permanent
relocation or alteration of utilities desired by Design-Builder for its own
convenience shall be Design-Builder’s responsibility and it shall make
arrangements and bear all costs for such work.
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D. Construction at Existing Utilities. Where the Work to be performed crosses or
otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or
other public or private utilities, Design-Builder shall perform construction in
such a manner so that no damage will result to either public or private utilities.
It shall be the responsibility of Design-Builder to determine the actual locations
of, and make accommodates to maintain, all utilities. Before any utility is taken
out of service, permission shall be obtained by Design-Builder from the owner.
The owner, any impacted resident or business owner and City will be advised
of the nature and duration of the utility outage as well as Design-Builder’s plan
for providing temporary utilities if required by the owner. Design -Builder shall
be liable for all damage which may result from its failure to maintain utilities
during the progress of the Work, and Design-Builder shall indemnify City as
required by the Contract Documents from all claims arising out of or connected
with damage to utilities encountered during construction; damages resulting
from disruption of service; and injury to persons or damage to property resulting
from the negligent, accidental, or intentional breaching of utilities.
9.6 Trenches.
A. Trenches Five Feet or More in Depth. Design-Builder shall submit to City prior
to Construction Work, a detailed plan showing the design of shoring, bracing,
sloping or other provisions to be made for worker protection from hazards of
caving ground during the excavation of any trench or trenches five feet or more
in depth. If such plan varies from shoring system standards established by the
Construction Safety Orders of the California Code of Regulations, Department
of Industrial Relations, the plan shall be prepared by a California registered civil
or structural engineer. The plan shall not be less effective than the shoring,
bracing, sloping, or other provisions of the Construction Safety Orders, as
defined in the California Code of Regulations. Design -Builder shall designate
in writing the “competent person” as defined in Title 8, California Code of
Regulations, who shall be present at the Site each day that trenching and
excavation is in progress. The “competent person” shall prepare and provide
daily trenching and excavation inspection reports to the City’s Representative.
Design-Builder shall also submit a copy of its annual California Occupational
Safety and Health Administration (Cal/OSHA) trench and excavation permit.
9.7 Differing Site Conditions.
A. Phase 1 Services. Design-Builder shall, during Phase 1, take all measures
necessary to determine the conditions of the Site. Design -Builder shall be
responsible for any Site conditions that are not as Design -Builder anticipated,
and such conditions shall not be considered Differing Site Conditions.
B. Discovery of Differing Site Conditions.
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1. If Design-Builder encounters a Differing Site Condition, Design-Builder shall
within three (3) Days, and before the Differing Site Condition is further
disturbed, notify City in writing of the Differing Site Condition.
2. The written notice from Design-Builder shall describe the specific Differing
Site Condition encountered and demonstrate that a Differing Site Condition
exists, why Design-Builder could not reasonably have worked around the
Differing Site Condition, and how the Differing Site Condition adversely
impacted the GMP or Contract Time.
3. City shall promptly investigate the conditions and, if it finds that there is a
Differing Site Condition that causes an increase in the GMP or Contract
Time, shall issue a Change Order under the procedures described in these
General Conditions.
4. In the event that a dispute arises between City and Design -Builder as to
whether there is a Differing Site Condition or whether it causes an increase
in the GMP or Contract Time, Design-Builder shall not be excused from the
GMP or Contract Time, but shall proceed with all Work to be performed
under the Contract. Design-Builder shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and
protests between the Parties.
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ARTICLE 10 - PROSECUTION OF THE WORK
10.1 Access to Work.
A. City, Designer of Record, City’s Representative, their consultants and other
representatives and personnel, independent testing laboratories, and
Governmental Bodies with jurisdictional interests will have access to the Site
and Project at reasonable times for their observation, inspection, and testing.
Design-Builder shall provide them proper and safe conditions for such access
and advise them of Design-Builder’s safety procedures and programs.
10.2 Construction Quality Assurance, Quality Control.
A. Generally. Design-Builder shall have full responsibility for quality assurance
and quality control for the Construction Work, including compliance with the
Contract Documents. Without limiting any other requirement hereunder,
Design-Builder shall perform quality control inspection and testing services to
ensure compliance with the Contract Documents. Sampling and testing of
materials, laboratory inspection of materials and processes for quality control
purposes shall be performed in compliance with the Contract Documents.
B. Quality Control Plan. Design-Builder shall prepare and submit to City for review
and approval a written Quality Control Plan that encompasses all requirements
of the Contract Documents with regard to all quality control processes for the
Construction Work. The Quality Control Plan shall identify Design-Builder’s
overall framework for implementation of its Quality Control programs across all
aspects of the Work. Design-Builder shall submit the Quality Control Plan for
City’s approval. City’s approval of the overall Quality Control Plan shall be a
condition precedent to Design-Builder performing Construction Work. The
Technical Specifications provide more detail on what shall be included in the
Quality Control Plan.
C. Internal Quality Control Audits. Design-Builder shall establish and maintain
documented procedures for planning and implementing internal quality audits
to verify whether quality activities and related results comply with planned
arrangements and to determine the effectiveness of the quality system. Audits
shall be conducted on a planned and scheduled basis, consistent with the
importance of the activities being performed. Design-Builder’s management
personnel responsible for the relevant area shall take timely corrective action
on deficiencies found during the audit. City shall have the right to request and
review the audit results. Follow-up audit activities shall verify and record the
implementation and effectiveness of the corrective action taken. City may
require Design-Builder to perform follow-up audits at City’s sole discretion.
D. Review and Update of QC Plan. Design-Builder shall continuously review the
performance of the Quality Control Plan to ensure its continuing suitability in
satisfying the requirements of the Contract Documents. Design-Builder’s
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reviews shall, at a minimum, review the results of internal audits, City audit
results, corrective actions taken, trends in Defective Work, and time to
resolution. City may, in its sole discretion, participate in Design-Builder’s
reviews and may request data from the reviews. Design-Builder shall
incorporate the findings and quality improvement recommendations of Design -
Builder reviews into the Quality Control Plan.
10.3 Design-Builder’s Performance of Services.
A. Means and Methods. Design-Builder is solely responsible for the means and
methods utilized to perform Work. Design-Builder shall perform all Work in a
skillful and workmanlike manner, and consistent with the standards generally
recognized as being employed by professionals in the same discipline in the
State of California. Design-Builder warrants that all employees and
Subcontractors shall have sufficient skill and experience to perform the Work
assigned to them. Design-Builder represents that it, its employees and
Subcontractors have all licenses, permits, qualifications and approvals of
whatever nature that are legally required to perform the Work, and that such
licenses and approvals shall be maintained throughout the term of the Contract.
Design-Builder shall perform the Work in full compliance with all Applicable
Laws and to all Governmental Bodies having authority over the Project.
B. Design-Builder’s Responsibility for Work. Responsibility for, and security of, all
Work and materials related to Design-Builder’s Work is the responsibility of
Design-Builder until final acceptance of Design-Builder’s Work by City. City
shall not be held responsible for the care or protection of any material or parts
of the Work prior to final acceptance. Design-Builder shall take every necessary
precaution against injury or damage to any part thereof by the action of the
elements or from any cause whether arising from the execution or non -
execution of the Work and all loss or damage shall be borne by Design -Builder.
Design-Builder shall rebuild, repair, restore and make good at its own expense
all injuries or damages to any portion of the Work before its completion and
acceptance. In the event of damage proximately caused by an Act of God, City
will pay for repair or restoration to damaged Work in exces s of 5% of the
Contract Price unless City has required Design-Builder to obtain insurance to
indemnify City for any damage to the Project caused by an Act of God.
C. Layout and Field Engineering. Design-Builder shall utilize a properly licensed
surveyor to perform all layout surveys required for the control and completion
of the Work and all necessary surveys to compute quantities of Work
performed.
10.4 Related Projects; Cooperation.
A. Generally. City reserves the right to let other contracts in connection with this
Work or at or adjacent to the Site. Design -Builder acknowledges that City will
be undertaking several other projects at and in the vicinity of the Site and,
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without limiting any other obligation under the Contract, agrees to reasonably
coordinate the Construction Work (including making reasonable adjustments
to its construction schedule and activities) to minimize conflicts with the work
associated with such other projects in accordance with the Contract
Documents.
B. Cooperation. Design-Builder shall ascertain to its own satisfaction the scope of
the Project and nature of any other contracts that have been or may be awarded
by City in prosecution of the Project in the light of such other contracts, if any.
Nothing herein contained shall be interpreted as granting to Design-Builder
exclusive occupancy of the Site. Design-Builder shall not cause any
unnecessary hindrance or delay to any other contractor working at the Site.
City shall not be responsible for any damages suffered or for extra costs
incurred by Design-Builder resulting directly or indirectly from award,
performance, or attempted performance of any other contract or contracts on
the Site.
C. Coordination Meetings. City intends to have coordination meetings among City,
Design-Builder and the various Separate Contractors in an effort to manage
the overall program associated with the work being performed at or in the
vicinity of the Site and to avoid or mitigate cost and time impacts to the overall
Project. Design-Builder agrees that it will attend and participate in these
logistics meetings and shall cooperate with City and the Separate Contractors
to the extent reasonably necessary for the performance by such Separate
Contractors of their work.
D. Equipment and Materials Storage at Site. Design-Builder shall afford City and
any Separate Contractors reasonable opportunity for the introduction and
storage of their equipment and materials and the execution of their work at and
in the vicinity of the Site. Design-Builder shall coordinate with City and any
Separate Contractors to store apparatus, materials, supplies and equipment in
such orderly fashion at the Site as will not unduly interfere with the progress of
the Construction Work or the work of City or any Separate Contractor.
E. Interrelated Work. If part of the Work depends on proper execution of
construction or operations by City or a Separate Contractor, Design -Builder
shall, prior to proceeding with that portion of the Work, inspect the other work
and promptly report to City any apparent discrepancies or defects in the other
construction that would render it unsuitable for the proper execution of the
Work. Failure of Design-Builder to report apparent discrepancies or defects in
the other construction shall constitute acknowledgment that City’s or the
Separate Contractor’s completed or partially completed construction is fit and
proper to receive the Work.
F. Disputes Associated with Separate Work. If simultaneous execution of any
contract for the Project is likely to cause interference with performance of some
other contract or contracts, City shall decide which contractor shall cease work
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temporarily and which contractor shall continue or whether work can be
coordinated so that contractors may proceed simultaneously.
10.5 Traffic Control.
A. Except for as otherwise provided for in the Contract Documents, traffic control
plans, if required, shall be prepared by Design-Builder. Traffic control shall be
performed by Design-Builder in accordance with the requirements of City or the
Governmental Body with jurisdiction over traffic control. Costs for traffic control
plans, implementation of traffic control, or traffic signal services required by City
shall be included in the GMP. All warning signs and safety devices used by
Design-Builder to perform the Work shall conform to the requirements
contained in the State of California, Department of Transportation’s current
edition of “Manual of Traffic Controls for Construction and Maintenance Work
Zones” and to the requirements of the Governmental Body with jurisdiction over
traffic control. Design-Builder shall be responsible for all traffic control required
by the Governmental Body having jurisdiction over the Project on the
intersecting streets. Design-Builder must submit a traffic control plan to the
Governmental Body having jurisdiction over the Project for approval prior to
starting Work. Design-Builder’s representative on the Site responsible for traffic
control shall produce evidence that he or she has completed training
acceptable to the California Department of Transportati on for safety through
construction zones. All of the streets in which the Work will occur shall remain
open to traffic and one lane of traffic maintained at all times unless otherwise
directed by the Governmental Body having jurisdiction. Businesses and
residences adjacent to the Work shall be notified forty-eight (48) hours in
advance of closing of driveways. Design-Builder shall make every effort to
minimize the amount of public parking temporarily eliminated due to
construction in areas fronting businesses. No stockpiles of material will be
allowed in traveled rights-of-way after working hours unless otherwise
approved by City.
10.6 Record Drawings.
A. Design-Builder shall maintain one record set of Construction Documents at the
Site or digitally in an acceptable format. On these, it shall mark all Project
conditions, locations, configurations, and any other changes or deviations
which may vary from the information represented in the original Construction
Documents, including buried or concealed construction and utility features
which are revealed during the course of construction. Special attention shall be
given to recording the horizontal and vertical location of all buried utilities that
differ from the locations indicated, or which were not indicated on the Drawings.
If Work involves the installation of pipelines, Design-Builder shall survey and
record the top of the pipe at a minimum of every 100 linear feet, and at each
bend, recording both the horizontal and vertical locations. Drawings shall be
supplemented by any detailed sketches as necessary or directed to fully
indicate the Work as actually constructed. Any required as-built drawings of
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civil engineering elements of the Work shall be prepared by a registered civil
engineer. These master Record Drawings of the as-built conditions, including
all revisions made necessary by Change Orders, shall be maintained up -to-
date during the progress of the Project. Red ink shall be used for alterations
and notes. Notes shall identify relevant Change Orders by number a nd date.
Record Drawings shall be accessible to the City’s Representative at all times
during the construction period. Failure on Design-Builder’s part to keep Record
Drawings current could result in withholding partial payment to Design-Builder.
As a condition of Final Completion, Design-Builder shall finalize and deliver a
complete set of Record Drawings to City’s Representative. The information
submitted by Design-Builder will be assumed to be correct, and Design-Builder
shall be responsible for, and liable to City, for the accuracy of such information,
and for any errors or omissions which may or may not appear on the Record
Drawings.
10.7 Defective Work.
A. Correction of Defective Work.
1. Failure to Correct. If Design-Builder fails to correct Defective Work, remove
and replace rejected Work as required by City, or fails to perform the Work
in accordance with the Contract Documents, City may, after seven (7) Days
written notice to Design-Builder, correct, or remedy any such deficiency if
Design-Builder has failed to schedule or commence correcting such
deficient Work.
2. Correction of Work by City. In connection with such corrective or remedial
action, City may exclude Design-Builder from all or part of the Site, take
possession of all or part of the Work and suspend Design-Builder’s services
related thereto, take possession of Design-Builder’s tools, appliances,
construction equipment and machinery at the Site, and incorporate in the
Work all materials and equipment stored at the Site or for which City has
paid Design-Builder but which are stored elsewhere. Design-Builder shall
allow City, and the agents, employees, other contractors, and consultants
of each of them, access to the Site to enable City to exercise the rights and
remedies to correct the Defective Work.
3. Costs of Correcting Defective Work. All claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City correcting the Defective Work will be
charged against Design-Builder, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with
respect to the Work; and City shall be entitled to reimbursement of the costs
from Design-Builder. Such claims, costs, losses and damages will include
but not be limited to all costs of repair, or replacement of work of others
destroyed or damaged by correction, removal, or replacement of Defective
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Work. If the Change Order is executed after all payments under the Contract
have been paid by City and the Projec t retention is held in an escrow
account as permitted by the Contract Documents, Design -Builder will
promptly alert the escrow holder, in writing, of the amount of retention to be
paid to City. Design-Builder shall not be allowed an extension of Contract
Time because of any delay in the performance of the Work attributable to
City correcting Defective Work.
B. Acceptance of Defective Work. If, instead of requiring correction or removal and
replacement of Defective Work, City prefers to accept it, City may do s o.
Design-Builder shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or other dispute resolution costs) attributable to
City’s evaluation of and determination to accept the Defective Work and for the
diminished value of the Work. A Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work, and
City shall be entitled to an appropriate decrease in the GMP, reflecting the
diminished value of Work, and reimbursement of all costs incurred by City.
10.8 Partial Utilization.
A. Use by City, at City’s option, of any part of the Project which (a) has specifically
been identified in the Contract Documents or (b) constitutes a separately
functioning and usable part of the Project that can be used by City for its
intended purpose without significant interference with Design-Builder’s
performance of the remainder of the Work, may be accomplished prior to Final
Completion. This use shall not relieve Design -Builder of its responsibilities
under the Contract. Partial utilization of the Project shall not be deemed an
acceptance of any Work not conforming to the requirements of the Contract
Documents, unless specifically accepted in writing by City, and this use shall
not relieve Design-Builder of its responsibilities under the Contract.
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ARTICLE 11 - SCHEDULE; CONTRACT TIME
11.1 Progress and Completion.
A. Design-Builder shall proceed expeditiously with adequate forces and shall
achieve full completion of the Work within the Contract Time. If City’s
Representative determines and notifies Design-Builder that Design-Builder’s
progress is such that Design-Builder will not achieve full completion of the Work
within the Contract Time, Design-Builder shall immediately and at no additional
cost to City, take all measures necessary, including working such overtime,
additional shifts, Sundays, or holidays as may be required to ensure that the
entire Project is completed within the Contract Time. Upon receipt of such
notice from City’s representative, Design-Builder shall immediately notify City’s
Representative of all measures to be taken to ensure full completion of t he
Work within the Contract Time. Design-Builder shall reimburse City for any
extra costs or expenses (including the reasonable value of any services
provided by City’s employees) incurred by City as the result of such measures.
11.2 Time for Completion.
A. Completing Work. Design-Builder shall complete all or any designated portion
of the Work called for under the Contract in all parts and requirements within
the Contract Time. If, at any time Design-Builder’s Critical Path Work progress
falls behind schedule, City reserves the right to require Design-Builder to work
overtime to bring the Project back on schedule. Such overtime shall be at the
Design-Builder’s expense. Design-Builder shall furnish City’s Representative a
monthly statement showing the following:
1. Number of days originally specified for completion;
2. Number of days charged to date;
3. Number of days of time extensions approved;
4. Number of days remaining to completion; and
5. Revised date for completion.
B. Time for Completion. The Contract Time shall commence: (1) on the date
stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify
a commencement date, then on the date of the Notice to Proceed and, in both
cases, shall be completed within the Contract Time. City is under no obligation
to consider early completion of the Work and Contract Time shall not be
amended by City’s receipt or acceptance of Design-Builder’s proposed earlier
completion date. Any difference in time between Design -Builder’s early
completion and the Contract Time shall be considered a part of the Project float.
Design-Builder shall not be entitled to compensation, and City will not
compensate Design-Builder, for delays which impact early completion. Design-
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Builder shall not, under any circumstances, receive additional compensation
from City (including but not limited to direct, indirect, general, administrative, or
other forms of overhead costs) for the period between the time of earlier
completion proposed by Design-Builder and the Contract Time.
11.3 Extension of Time for Completion.
A. Procedure for Extension of Contract Time and Delay Damages. Design-Builder
shall not be entitled to any extension of Contract Time or adjustment to the
GMP for delay damages unless Design-Builder properly notices the delay and
requests a Change Order in accordance with these General Conditions.
Design-Builder’s failure to timely and fully comply with the Change Order
procedures in the Contract Documents shall constitute a waiver of Design -
Builder’s right to an extension of Contract Time or adjustment to the GMP for
delay damages.
B. Extension of Time.
1. City-Caused Extension of Time. Design-Builder’s entitlement to an
extension of Contract Time for an City-caused delay shall only be allowed
when, and then only to the extent that, the City-caused delay extends the
Critical Path beyond the Contract Time. The delay to the Critical Path must
be established by a proper time impact analysis. City shall ascertain the
facts and extent of delay and grant extension of time for completing the
Work when, in its judgment, the facts justify such an extension. Design-
Builder shall not be entitled to an adjustment of Contract Time for delays
within the control of Design-Builder. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be delays within
the control of Design-Builder. If approved, the increase in time required to
complete Work shall be added to the Contract Time.
2. Concurrent Delay. In the event of Concurrent Delay, the Contract Time may
be extended, as determined by City, however, such delay is non -
compensable and the GMP shall not be adjusted.
3. Inclement Weather. Design-Builder shall abide by City’s determination of
what constitutes inclement weather. Time extensions for inclement weather
shall only be granted when the Work stopped during inclement weather is
on the Critical Path of the applicable CPM Schedule.
4. Utility-Related Delays. If a delay to the Critical Path results from acts of
public utilities or delays caused by failure of a public agency or owner of a
utility to provide for removal or relocation of existing main or trunkline utility
facilities or other known utility facilities, Design-Builder will be entitled to a
time extension, but will not receive an adjustment to the GMP or any other
compensation.
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5. Force Majeure. If a delay to the Critical Path results from a Force Majeure
Event, Design-Builder will be entitled to a time extension, but will not receive
an adjustment to the GMP or any other compensation. Such a non -
compensable adjustment shall be Design-Builder’s sole and exclusive
remedy for a Force Majeure Event.
C. No Damages for Reasonable Delay.
1. City’s liability to Design-Builder for delays for which City is responsible shall
be limited to only an extension of time unless such delays were
unreasonable under the circumstances. In no case shall City be liable for
any costs which are borne by Design-Builder in the regular course of
business, including, but not limited to, home office overhead and other
ongoing costs.
2. Damages caused by unreasonable City delay shall be based on actual
costs only, no proportions or formulas shall be used to calculate an y delay
damages. This includes the following allowable costs:
a. Those actual necessary costs of idle time of construction equipment,
idle time of workers, moving of construction equipment, and hauling
of materials and equipment which are incurred solely by reason of
the delay and which could not have been avoided by the judicious
handling of forces, construction equipment and plant;
b. General Conditions Cost that are incurred solely by reason of the
delay and extension of the Critical Path; and
c. Design-Builder’s Self-Performance Fee and Design-Builder’s
Subcontractor Fee, as applicable, on the costs allowed above.
11.4 Liquidated Damages.
A. Liquidated Damages. Time is of the essence. If the Work is not completed
within Contract Time, it is understood that City will suffer damage. In
accordance with Government Code section 53069.85 and Public Contract
Code section 7102, being impractical and infeasible to determine the
amount of actual damage, it is agreed that Design -Builder shall pay to City
as fixed and liquidated damages, and not as a penalty, the sum stipulated
in the Contract or the GMP Amendment for each calendar day of delay until
the Work is fully completed. Design-Builder and its surety shall be liable for
any liquidated damages. Any money due or to become du e Design-Builder
may be retained to cover liquidated damages.
B. Guaranteed Completion Date. Design-Builder agrees that it shall be liable
to City for liquidated damages in an amount determined in the GMP
Amendment for each and every calendar day beyond the Guaranteed
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Completion Date that Final Completion has not been achieved for the
Project.
C. Milestone Date. Design-Builder agrees that it shall be liable to City for
liquidated damages in an amount determined in the GMP Amendment for
each and every calendar day beyond a Milestone Date where Final
Completion has not been achieved.
11.5 Schedule.
A. General Requirements. Except as otherwise specifically stated in the Contract
Documents, this Article will apply to a CPM Schedule for the Work. The CPM
Schedule shall be prepared in an electronic scheduling program acceptable to
City and as specified in the Contract Documents. Design -Builder shall deliver
the CPM Schedule and all updates to City in both paper and electronic form.
The electronic versions shall be in the format, and include all data used, to
prepare the CPM Schedule.
B. Schedule. The receipt or approval of any CPM Schedule by City shall not in
any way relieve Design-Builder of its obligations under the Contract
Documents. Design-Builder is fully responsible to determine and provide for
any and all staffing and resources at levels which allow for good quality and
timely completion of the Project. Design-Builder’s failure to incorporate all
elements of Work required for the performance of the Contract or any
inaccuracy in the CPM Schedule shall not excuse Design-Builder from
performing Work required within the specified Contract Time. If the required
CPM Schedule is not received by the time the first payment under the Contract
is due, Design-Builder shall not be paid until the CPM Schedule is received,
reviewed, and accepted by City.
C. Schedule Contents. The CPM Schedule shall indicate the beginning and
completion dates of all phases of construction; critical path for all critical,
sequential time related activities; and “float time” for all “slack” or “gaps” in the
non-critical activities. The CPM Schedule shall include appropriate time
allowances and constraints for Submittals, items of interface with Work
performed by others, and specified construction, start-up and performance
tests. All float shall be owned by the Project. CPM Schedules indicating early
or late completion shall not modify or have any effect on the Contract Time,
regardless of whether the schedules are reviewed and/or accepted by City.
D. Schedule Updates. Design-Builder shall continuously update its CPM
Schedule. Design-Builder shall submit an updated and accurate CPM
Schedule to City: (1) prior to the start of construction, if there are any changes
to the initial schedule; (2) with each progress payment request; and (3)
whenever requested to do so by City. City may withhold progress payments or
other amounts due under the Contract Documents if Design-Builder fails to
submit an updated and accurate CPM Schedule. Upon City’s request, Design-
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Builder shall submit any schedules or updates to City in the native electronic
format of the software used to create the CPM Schedule.
E. Three-Week Look-Ahead Schedules. Design-Builder shall submit a three-week
detailed look-ahead schedule at weekly meetings conducted with City. The
three-week look-ahead schedule shall clearly identify all staffing and other
resources which in Design-Builder’s judgment are needed to complete the
Work within the Contract Time, and it shall clearly state the number of staff to
be used on each daily segment of the Work.
F. Acceptance. Acceptance of the CPM Schedule by City will not impose on
responsibility for accuracy, for sequencing, scheduling, or progress of the
Work, or compliance with the Contract Documents. Acceptance will not
interfere with or relieve Design-Builder from Design-Builder’s full responsibility
therefor.
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ARTICLE 12 - CHANGE IN CONTRACT PRICE; CHANGE IN CONTRACT TIMES
12.1 Phase 1 Changes.
A. Additional Phase 1 Services. City may direct Design-Builder to perform
additional Phase 1 Services that City determines to be necessary for the proper
completion of Phase 1, which the Parties did not reasonably anticipate would
be necessary at execution of the Contract. Additional Phase 1 Services will be
compensated at the rates set forth in Design -Builder’s Cost Proposal Form,
subject to adjustment as allowed by the Contract Documents. Design -Builder
shall not be entitled to a mark-up on the rates set forth in Design-Builder’s Cost
Proposal Form for additional Phase 1 Services. If rates (i.e. hourly or unit rates)
for additional Phase 1 Services are not identified in Design -Builder’s Cost
Proposal Form, City will pay for additional Phase 1 Services at a mutually
agreeable rate between the Parties based on current market rates.
B. Excusable Delay. Design-Builder may request additional time to complete a
task or submittal milestone only in the event of an excusable delay. For
purposes of this Article, an excusable delay is a delay only to the completion
of a Phase 1 Service and caused by the following: (i) the actions of City or its
employees; (ii) the actions of those in direct contractual relationship with City,
except for Design-Builder; (iii) the actions of any Governmental Body having
jurisdiction over the Project acting in their role as an authority having jurisdiction
that Design-Builder had no control over; (iv) the actions of any parties not within
the reasonable control of Design-Builder; or (v) a Force Majeure Event. Design-
Builder shall not be entitled to any damages or costs resulting from an
excusable delay.
C. Change Order Procedures.
1. An increase to the Phase 1 Fee and/or extensions of time for the
performance of Phase 1 Services must be approved through a Change
Order. If Design-Builder determines it is entitled to a Change Order, Design-
Builder must request a Change Order within five (5) Days of a directive from
City to perform additional Phase 1 Services or of the event otherwise giving
rise to the change.
2. To increase the Phase 1 Fee, Design-Builder's request for a Change Order
shall include documentation supporting the need for the request and a cost
proposal for the additional Phase 1 that shows the applicable rates and
provides a fair estimate of the amount of work needed to complete the
additional Phase 1 Services. City may request that Design-Builder propose
other options or efficiencies, including de-scoping a portion of the additional
Phase 1 Services.
3. To receive an extension of time for the performance of Phase 1 Se rvices,
Design-Builder's request shall include documentation supporting the need
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for the request, and a time impact analysis showing the impact of the
extension on completion of the Phase 1 Services, as well as the impact on
potential Work and on the Work as a whole. The time impact analysis shall
include options to mitigate the impact to the Critical Path of the Phase 1
Services, including the commencement of Phase 2. The request shall be
limited to only the amount of time that is reasonably necessary for Design-
Builder to complete the additional Phase 1 Services. An extension of time
shall be a last resort, and shall only be granted if, and to the extent that,
Design-Builder cannot reasonably complete the Phase 1 Services on time,
including by expediting the Phase 1 Services, at no additional cost to City.
4. If additional Phase 1 Services also result in an excusable delay, Design -
Builder shall request an increase to the Phase 1 Fee and an extension of
time concurrently.
D. Exclusions from Additional Phase 1 Services. Additional Phase 1 Services
shall not include work or services necessary because of negligent errors,
omissions or conflicts of any type in Design -Builder’s performance of Phase 1
Services. This includes, but is not limited to, any redesign or revisions to
Drawings, Technical Specifications or other documents required to complete
the original scope of work that are: (i) an ordinary part of the design
development and review process, including constructability and value
engineering review, or (ii) necessary in order to bring such documents into
compliance with Applicable Law of which Design-Builder was aware or should
have been aware. All such work or services shall constitute Phase 1 Services
and shall be performed at no cost to City.
E. Reduction of Phase 1 Services. Design-Builder shall have the right to reduce
the scope of Phase 1 Services at any time by written notice to Design-Builder.
Changes to Phase 1 Services that reduce the scope of Phase 1 Services shall
be effective upon the delivery of the written notice by City pursuant to this
Article. Any reduction in the scope of Phase 1 Services shall result in an
appropriate reduction in the Phase 1 Fee, which shall be reflected in a Change
Order.
12.2 Phase 2 Changes.
A. Change Orders Generally.
1. All changes to the Contract, including compensation increases and time
extensions, shall be through a written Change Order in accordance with this
Article. City, without invalidating the Contract, may order changes in the
Work consisting of additions, deletions or other revisions, and Design-
Builder’s compensation and the time for completion shall be adjusted
accordingly. Whenever any change is made as provided for herein, such
change shall be considered and treated as though originally included in the
Contract, and shall be subject to all terms, conditions, and provisions of the
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original Contract. Design-Builder shall not be entitled to a claim or bring suit
for damages, whether for loss of profits or otherwise, on account of any
decrease or omission of any item or portion of Work to be done. No dispute,
disagreement, or failure of the parties to reach agreement on the terms of
the Change Order shall relieve Design-Builder from the obligation to
proceed with performance of the Work, including Additional Work, promptly
and expeditiously. Any alterations, extensions of time, Additional Work, or
any other changes may be made without securing consent of Design -
Builder’s surety or sureties.
2. Design-Builder agrees that one of the purposes of progressive design -build
services is to minimize the risk for Change Orders and Change Orders shall
be strictly limited. Change Order Requests shall be kept to a minimum. This
Article shall continue to apply regardless of whether the Parties continue to
utilize a GMP for Construction Work or agree to convert the GMP to a Lump
Sum Price.
3. Subject to City approval, the GMP shall not be modified except in the event
of the following circumstances: (a) City directs and authorizes a change
which is related solely to discretionary changes by City (the foregoing
excludes changes resulting from the acts, omissions or other conduct of
Design-Builder); (b) Differing Site Conditions; (c) changes directed by a
Governmental Body with jurisdiction over the Project, or portions thereof,
which could not be reasonably foreseen or anticipated by Design -Builder at
the execution of the GMP Amendment; (d) changes necessitated by
amendment(s) to or enactment(s) of Applicable Laws which could not be
reasonably anticipated or foreseen by Design-Builder at the at the
execution of the GMP Amendment; (e) changes resulting from emergencies
not caused, in whole or in part, by the acts, omissions or other conduct of
Design-Builder or its Subcontractors, employees, agents or
representatives; or (f) where expressly allowed by the Contract Documents.
4. Design-Builder has no right to a Change Order for a time extension, extra
work, or other costs of any kind whatsoever (including, without limitation,
direct and indirect costs, delay and disruption damages, overhead, profit or
mark-up) resulting from issues related to, among other things, the following:
costs that result from Phase 1 Services or that Design-Builder otherwise
should have foreseen prior to proposing and agreeing to the GMP; design
defects or ambiguities; Site conditions that Design -Builder could have
foreseen or discovered prior to Construction Work; constructability issues,
including but not limited to construction feasibility, schedule or cost; or
where Design-Builder failed to recommend alternative solutions as part of
their Phase 1 Services.
5. Design-Builder shall not be entitled to an increase to the GMP if it contains
any contingency or allowances for the costs, which must be utilized and
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exhausted prior to requesting a Change Order. Design-Builder may only
increase the GMP through a duly requested and approved Change Order.
B. Contract Change Order Procedures.
1. City Written Directive. City may direct changes in the Work by delivering a
written directive. To the extent the written directive results in a change to
compensation or time, Design-Builder must timely request a Change Order
and comply with all Change Order procedures in accordance with this
Article. Notwithstanding issuance of a written directive, Design -Builder’s
failure to timely request a Change Order shall constitute a waiver by D esign-
Builder of any adjustment to compensation or time extension for Work
performed under the directive. City shall not be liable to Design -Builder for
Work performed or omitted by Design-Builder in reliance on verbal orders.
City shall have the right to order changes in the Work by a unilateral Change
Order setting forth City’s determination of the reasonable additions or
savings in the GMP or Contract Time.
2. Design-Builder’s Notice of Change or Delay.
a. If Design-Builder intends to initiate a Change Order Request,
Design-Builder shall provide City with written notice of the underlying
facts and circumstances that gave rise to the proposed change
within the following times:
(i) If due to Differing Site Conditions, as soon as reasonably
practicable under the conditions, which shall be no longer than
three (3) Days from the discovery date or prior to the alterations
of the conditions, whichever is earlier.
(ii) If due to a Force Majeure Event, as soon as reasonably
practicable under the conditions, but in no case longer than three
(3) Days from the date Design-Builder discovers that the Force
Majeure Event gives rise to a change, unless that the conditions
are such that notice within three (3) Days is not possible or
practicable.
(iii) If due to any other matter that may involve an adjustment to the
GMP or Contract Time, as soon as reasonably practicable under
the conditions, but in no case longer than seven (7) Days from
the early of the discovery date of the matter or when the matter
should have been discovered.
b. To be considered valid and complete, the notice of change or delay
shall include a general statement of the circumstances giving rise to
the notice of change/delay and a reasonable order of magnitude
estimate of the additional costs or time. If the circumstances give rise
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to both a cost adjustment and time extension, Design -Builder shall
submit the notice of change and notice of delay concurrently.
3. Change Order Request.
a. Design-Builder shall submit a Change Order Request for any
adjustment to a GMP or Contract Time. The Change Order Request
shall be made prior to incurring any expense and within fourteen (14)
Days from either Design-Builder’s notice of change or delay or City’s
written directive ordering the change. For any costs or information
that cannot be determined at the time Design-Builder submits a
Change Order Request, Design-Builder shall submit to City notice of
the costs or information and all supporting documentation within five
(5) Days of when the costs or other information become subject to
determination. The Change Order Request shall include all of the
following information (unless inapplicable to the change or delay):
(i) A detailed description of the circumstances giving rise to the
request;
(ii) A complete itemized cost proposal, including itemized pricing for
Subcontractors;
(iii) Supporting documentation for all costs;
(iv) A time impact analysis showing the impact of the delay to the
Critical Path of the Work;
(v) If any costs or information cannot be determined at the time of
the Change Order Request, a rough order of magnitude of the
Change Order costs and the reason the costs or information
cannot be determined at the time; and
(vi) Certification to the accuracy of the Change Order Request under
penalty of perjury
b. The time impact analysis shall be in the Critical Path method format
and shall show the sequencing of all critical and non-critical new
activities and/or activity revisions affected by the delay, with logic ties
to all affected existing activities noted on the schedule. City may
demand, and Design-Builder shall provide, any additional
information supporting the Change Order Request, including but not
limited to native electronic format version of schedules and time
impact analyses. Design-Builder shall provide the requested
additional information within five (5) Days of the request.
4. City’s Final Decision on Change Order; Ordered Changes. If City denies the
Change Order Request or disagrees with the proposal submitted by
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Design-Builder, it will notify Design-Builder, and City will provide its opinion
of the appropriate price or time extension. If no agreement can be reached,
City shall have the right in its sole discretion to order the Work performed,
to the extent permitted by law, on a time and materials basis or to issue a
unilateral Change Order setting forth City’s determination of the reasonable
additions or savings in costs and time attributable to the extra or deleted
work. City’s determination shall become final and binding if Design -Builder
fails to submit a claim in writing in accordance with the General Conditions
to City within fourteen (14) Days of denying the Change Order Request, or
for the issuance of a unilateral Change Order, disputing the terms of the
unilateral Change Order and providing such supporting documentation for
its position as City may reasonably require.
5. Design-Builder’s Waiver of Further Relief.
a. Design-Builder recognizes and acknowledges that timely
submission of a formal written notice of change or delay and Change
Order Request, whether or not the circumstances of the change may
be known to City or available to City through other means, is not a
mere formality but is of crucial importance to the ability of City to
promptly identify, prioritize, evaluate and mitigate the potentia l
effects of changes. Any form of informal notice, whether verbal or
written (including, without limitation, statements in requests for
information, statements in Submittals, statements at any job meeting
or entries on monthly reports, daily logs or job meeting minutes), that
does not strictly comply with the formal requirements of this Article,
shall accordingly be insufficient.
b. DESIGN-BUILDER’S FAILURE TO PROVIDE A COMPLETE AND
TIMELY NOTICE OF CHANGE OR DELAY, CHANGE ORDER
REQUEST, NOTICE DISPUTING A UNILATERAL CHANGE
ORDER, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF
THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY DESIGN-
BUILDER OF THE RIGHT TO A GMP ADJUSTMENT ON
ACCOUNT OF SUCH CIRCUMSTANCES AND A WAIVER OF
ANY RIGHT TO FURTHER RECOURSE OR RECOVERY BY
REASON OF OR RELATED TO SUCH CHANGE BY MEANS OF
THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY
OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR
UNDER APPLICABLE LAWS.
C. Change Order Format. A Change Order signed by Design-Builder indicates
Design-Builder's agreement therewith, including any adjustment in
compensation or extension of time, and the full and final settlement of all costs
(direct, indirect and overhead) related to the Work authorized by the Change
Order. City may designate the forms to be used for notices, requests, and
Change Orders. If so designated, Design-Builder may only use such forms.
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Design-Builder shall not reserve a right to assert impact costs, extended job
site costs, extended overhead, constructive acceleration and/or actual
acceleration beyond what is stated in the Change Order. No claims shall be
allowed for impact, extended overhead costs, constructive acceleration and/or
actual acceleration due to a multiplicity of changes and/or clarifications.
Design-Builder may not change or modify City’s Change Order form in an
attempt to reserve additional rights.
D. Determining Adjustments to Compensation.
1. Pricing Generally. Design-Builder shall not be entitled to any compensation
for Construction Work subject to a Change Order except as expressly set
forth in this Article.
2. Unit Pricing. For the increasing or decreasing of Construction Work within
a GMP that is paid for on a unit price basis, the Additional Work shall be
paid according to the unit price established for such Construction Work and
the GMP will be adjusted accordingly. An adjustment in compensation will
be made for changes which require increases or decreases in the quantity
of any unit price item in such a manner as to materially increase or decrease
its unit cost, as determined by City, or which for any other reason cannot in
the judgment of City be equitably paid for at the unit price. Design-Builder’s
Self-Performance Fee or Design-Builder’s Subcontractor Fee shall not be
applied to the unit price if the unit price includes such fees.
3. Lump Sum Pricing. Compensation for lump sum Change Orders shall be
limited to expenditures necessitated specifically by the A dditional Work. A
lump sum Change Order shall be determined on an Open Book Basis and
by the same method as establishing a GMP. If the Additional Work is
performed by a Subcontractor providing Subcontracted Construction Work,
the Subcontractor’s pricing for a lump sum Change Order shall be
determined on an Open Book Basis and by the same method for
determining pricing from Design-Builder when establishing a GMP.
Subcontractors will be entitled to a markup for home office overhead and
profit on Subcontractor’s Cost of Work in an amount not to exceed 10%.
4. T&M Pricing.
a. T&M Pricing Generally.
(i) City may direct Design-Builder to proceed with Additional Work
with payment to be made on the basis of the actual verified Cost
of Work in the proper performance of the Additional Work, with
Design-Builder’s Self-Performance Fee applied to the Cost of
Work. Design-Builder will be entitled to any verified increased
costs for insurance and bonds, which will not be subject to
Design-Builder’s Self-Performance Fee.
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(ii) If the Additional Work is performed by Subcontractors, payment
will be made on the basis of the actual verified Subcontractor’s
Cost of Work in the proper performance of the Additional Work,
with Design-Builder’s Subcontractor Fee applied to the Cost of
Work. Subcontractors will be entitled to a markup for home office
overhead and profit on Subcontractor’s Cost of Work in an
amount not to exceed 10%. Design-Builder and Subcontractor
will be entitled to any verified increased costs for insurance and
bonds, which will not be subject to Design-Builder’s
Subcontractor Fee or Subcontractor’s markup for home office
overhead and profit.
(iii) If the Project is federally funded, a time and materials Change
Order shall only be issued after a determination that no other
Change Order methodology is suitable and the Change Order
shall include a ceiling price that Design-Builder exceeds at its
own risk.
b. T&M Daily Sheets. Design-Builder must submit timesheets,
materials invoices, records of equipment hours, and records of rental
equipment hours to City for an approval signature each day that
Construction Work is performed on a time-and-material basis. The
City’s Representative’s signature on time sheets only serves as
verification that the Construction Work was performed and is not
indicative of City’s agreement to Design-Builder’s entitlement to the
cost.
c. T&M Summary Sheet. Design-Builder shall submit a T&M summary
sheet, which shall include total actual costs, within f ive (5) Days
following completion of Additional Work on a time -and-material
basis. Design-Builder’s total actual cost shall be presented in a
summary table in an electronic spreadsheet file by labor, material,
equipment, and any other costs, along with documentation
supporting the costs. Design-Builder’s failure to submit the T&M
summary sheet within five (5) Days of completion of the Additional
Work will result in Design-Builder’s waiver for any reimbursement of
any costs associated with the Additional Work.
12.3 Partnering.
A. Dispute Resolution Ladder. At the discretion of City, the Parties will partner to
create a dispute resolution ladder to facilitate open communication and close
cooperation that involves both Design-Builder and City personnel working
together for the purpose of establishing a mutually beneficial, proactive,
cooperative environment within which to achieve Project objectives, resolve
issues, and implement actions as required. The dispute resolution ladder will
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provide the authority for both Design-Builder and City personnel at all levels
with parameters and procedures for escalating disputes.
12.4 Procedure for Resolving Claims.
A. Prerequisites. Design-Builder shall timely comply with any and all requirements
of the Contract Documents pertaining to notices and requests for changes to a
GMP or Contract Time, including but not limited to all requirements for a
Change Order, as a prerequisite to filing any claim governed by this Article.
The failure to timely submit a notice of delay or notice of change, or to timely
request a change to the time for completion or Design-Builder’s compensation,
or to timely provide any other notice or request required herein shall constitute
a waiver of the right to further pursue the claim under the Contract or at law.
B. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public
Contract Code prescribes a process utilizing informal conferences, non-binding
judicial supervised mediation, and judicial arbitration to resolve disputes on
construction claims of $375,000 or less. Effective January 1, 2017, Se ction
9204 of the Public Contract Code prescribes a process for negotiation and
mediation to resolve disputes on construction claims. The intent of this Article
is to implement Sections 20104 et seq. and Section 9204 of the California
Public Contract Code. This Article shall be construed to be consistent with all
Applicable Law, including but not limited to these statutes.
C. Claims.
1. For purposes of this Article, “Claim” means a separate demand by Design -
Builder for:
a. An adjustment to the Contract Time including, without limitation, for
relief from damages or penalties for delay assessed by City;
b. Payment by City of money or damages arising from Services done
by or on behalf of Design-Builder pursuant to the Contract, payment
for which is not otherwise expressly provided or to which Design-
Builder is not otherwise entitled; or
c. An amount the payment of which is disputed by City.
2. A “Claim” does not include any demand for payment for which Design -
Builder has failed to provide notice, submit a Change Order Request, or
otherwise failed to follow any procedures contained in the Contract
Documents.
D. Filing Claims. Claims governed by this Article may not be filed unless and until
Design-Builder completes any and all requirements of the Contract Documents
pertaining to notices and requests for changes to a GMP or Contract Time, and
Design-Builder’s Change Order Request has been denied in whole or in part.
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Claims governed by this Article must be filed no later than thirty (30) Days after
a request for change has been denied in whole or in part or after any other
event giving rise to the Claim. The Claim shall be submitted in writing to City
and shall include on its first page the following words in 16-point capital font:
“THIS IS A CLAIM.” The Claim shall include all information and documents
necessary to substantiate the Claim, including but not limited to those identified
below. Nothing in this Article is intended to extend the time limit or supersede
notice requirements otherwise provided by Contract Documents. Failure to
follow such contractual requirements shall bar any Claims or subsequent
proceedings for compensation or payment thereon.
E. Documentation. Design-Builder shall submit all Claims in the following format:
1. Summary description of Claim including basis of entitlement, merit and
amount of time or money requested, with specific reference to the Contract
Document provisions pursuant to which the Claim is made
2. List of documents relating to Claim:
a. Technical Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other
3. Chronology of events and correspondence
4. Narrative analysis of Claim merit
5. Analysis of Claim cost, including calculations and supporting documents
6. Time impact analysis in the form required by the Contract Documents or, if
the Contract Documents do not require a particular format, CPM format, if
an adjustment of Contract Time is requested
F. City’s Response. Upon receipt of a Claim pursuant to this Article, City shall
conduct a reasonable review of the Claim and, within a period not to exceed
45 Days, shall provide Design-Builder a written statement identifying what
portion of the Claim is disputed and what portion is undisputed. Any payment
due on an undisputed portion of the Claim will be processe d and made within
60 Days after City issues its written statement.
1. If City needs approval from the City Council to provide Design -Builder a
written statement identifying the disputed portion and the undisputed
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portion of the Claim, and the City Council does not meet within the 45 Days
or within the mutually agreed to extension of time following receipt of a
Claim sent by registered mail or certified mail, return receipt requested, City
shall have up to three (3) Days following the next duly publicly noticed
meeting of the City Council after the 45-Day period, or extension, expires
to provide Design-Builder a written statement identifying the disputed
portion and the undisputed portion.
2. Within 30 Days of receipt of a Claim, City may request in writing additi onal
documentation supporting the Claim or relating to defenses or claims City
may have against Design-Builder. If additional information is thereafter
required, it shall be requested and provided pursuant to this subdivision,
upon mutual agreement of City and Design-Builder. Design-Builder shall
provide the requested documentation or information within 30 Days of the
written request by City. City’s written response to the Claim, as further
documented, shall be submitted to Design-Builder within 30 Days (if the
Claim is less than $50,000, within 15 Days) after receipt of the further
documentation, or within a period of time no greater than that taken by
Design-Builder in producing the additional information or requested
documentation, whichever is greater.
G. Meet and Confer. If Design-Builder disputes City’s written response, or City
fails to respond within the time prescribed, Design-Builder may so notify City,
in writing, either within 15 Days of receipt of City’s response or within 15 Days
of City’s failure to respond within the time prescribed, respectively, and demand
in writing an informal conference to meet and confer for settlement of the issues
in dispute. Upon receipt of a demand, City shall schedule a meet and confer
conference within 30 Days for settlement of the dispute.
H. Mediation.
1. Within 10 business days following the conclusion of the meet and confer
conference, if the Claim or any portion of the Claim remains in dispute, City
shall provide Design-Builder a written statement identifying the portion of
the Claim that remains in dispute and the portion that is undisputed. Any
payment due on an undisputed portion of the Claim shall be processed and
made within 60 Days after City issues its written statement. Any disputed
portion of the Claim, as identified by Design-Builder in writing, shall be
submitted to nonbinding mediation, with City and Design-Builder sharing
the associated costs equally. City and Design-Builder shall mutually agree
to a mediator within 10 business days after the disputed portio n of the Claim
has been identified in writing, unless the parties agree to select a mediator
at a later time.
2. If the Parties cannot agree upon a mediator, each Party shall select a
mediator, and those mediators shall select a qualified neutral third party to
mediate with regard to the disputed portion of the Claim. Each Party shall
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bear the fees and costs charged by its respective mediator in connection
with the selection of the neutral mediator.
3. For purposes of this Article, mediation includes any nonbinding process,
including, but not limited to, neutral evaluation or a dispute review board, in
which an independent third party or board assists the parties in dispute
resolution through negotiation or by issuance of an evaluation. Any
mediation utilized shall conform to the timeframes in this Article.
4. Unless otherwise agreed to by City and Design -Builder in writing, the
mediation conducted pursuant to this section shall excuse any further
obligation under Section 20104.4 to mediate after litigation ha s been
commenced.
5. The mediation shall be held no earlier than the date Design -Builder
completes the applicable GMP Work Package or the date that Design-
Builder last performs Work on the Project, whichever is earlier. All
unresolved Claims shall be considered jointly in a single mediation, unless
a new unrelated Claim arises after mediation is completed.
I. Procedures After Mediation. If following the mediation, the Claim or any portion
remains in dispute, Design-Builder must file a California Government Code
claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
California Government Code prior to initiating litigation. For purposes of those
provisions, the running of the period of time within which a California
Government Code claim must be filed shall be tolled from the time Design -
Builder submits his or her written Claim pursuant to subdivision (a) until the
time that mediation is completed.
J. Civil Actions. The following procedures are established for all civil actions filed
to resolve Claims of $375,000 or less:
1. Within 60 Days, but no earlier than 30 Days, following the filing or
responsive pleadings, the court shall submit the matter to non -binding
mediation unless waived by mutual stipulation of both Parties or unless
mediation was held prior to commencement of the action in accordance with
California Public Contract Code section 9204 and the terms of the Contract.
The mediation process shall provide for the selection within 15 Days by both
Parties of a disinterested third person as mediator, shall be commenced
within 30 Days of the submittal, and shall be concluded within 15 Days from
the commencement of the mediation unless a time requirement is extended
upon a good cause showing to the court.
2. If the matter remains in dispute, the case shall be submitted to judicial
arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the California Code of Civil Procedure, notwithstanding
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Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the
California Code of Civil Procedure) shall apply to any proceeding brought
under this subdivision consistent with the rules pertaining to judicial
arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 of the California Code of Civil Procedure, (A) arbitrators
shall, when possible, be experienced in construction law, and (B) any party
appealing an arbitration award who does not obtain a more favorable
judgment shall, in addition to payment of costs and fees under that chapter,
also pay the attorney’s fees on appeal of the other party.
K. Government Code Claim Procedures.
1. This Article does not apply to tort claims and nothing in this Article is
intended nor shall be construed to change the time periods for filing tort
claims or actions specified by Chapter 1 (commencing with Section 900)
and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of
Title 1 of the California Government Code.
2. In addition to any and all requirements of the Contract Documents
pertaining to notices of and requests for adjustment to the Contract Time,
GMP or compensation or payment for Additional Work, disputed Work,
construction claims and/or changed conditions, Design-Builder must
comply with the claim procedures set forth in California Government Code
section 900, et seq. prior to filing any lawsuit against City.
3. Such California Government Code claims and any subsequent lawsuit
based upon the California Government Code claims shall be limited to those
matters that remain unresolved after all procedures pertaining to
adjustment of the Contract Time or GMP for Additional Work, disputed
Work, construction claims, and/or changed conditions have been followed
by Design-Builder. If Design-Builder does not comply with the California
Government Code claim procedure or the prerequisite contractual
requirements, Design-Builder may not file any action against City.
4. A California Government Code claim shall be inclusive of all
unresolved Claims known to Design-Builder or that should reasonably
by known to Design-Builder excepting only new unrelated Claims that
arise after the California Government Code claim is submitted.
L. Non-Waiver. City’s failure to respond to a Claim from Design-Builder within the
time periods described in this Article or to otherwise meet the time
requirements of this Article shall result in the Claim being deemed rejected in
its entirety and shall not constitute a waiver of any rights under this Article.
M. Litigation. Any claims, disputes, or controversies between the parties arising
out of or related to the Contract, which have not been resolved in accordance
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with the procedures set forth herein shall be resolved in a court of competent
jurisdiction.
N. Duty to Continue Performance. Unless provided to the contrary in the Contract
Documents, Design-Builder shall continue to perform Work, pending the final
resolution of any dispute or disagreement between Design -Builder and City.
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ARTICLE 13 -COMPLETION; GUARANTEE OF WORK
13.1 Final Completion.
A. Conditions for Final Completion of Work. The following conditions shall be
satisfied by Design-Builder to constitute Final Completion of Work, each of
which must be satisfied in all material respects by Design-Builder to terminate
the Contract Time:
1. Governmental Approvals. All Governmental Approvals required under
Applicable Law and the Contract to be obtained by Design-Builder shall be
in full force and effect for the Work, and certified copies of all such
Governmental Approvals shall have been delivered to City;
2. Contract Documentation. Design-Builder has delivered, in accordance with
the Contract Documents, all maintenance and operating instructions,
schedules, guarantees, bonds, certificates or other evidence of insurance,
certificates of inspection, Record Drawings, and other documents required
by the Contract Documents for the Project.
3. Conditions in Special Conditions or GMP Amendment . Any and all
conditions required by the Special Conditions or the GMP Amendment have
been satisfied by Design-Builder and approved by City; and
4. Certification of Final Completion. City has approved in writing a Certificate
of Final Completion that the Work is entirely complete and in all respects is
in compliance with the Contract Documents, including, but not limited, to
the Punch List for the Work;
B. Certificate of Final Completion. The process for City issuing a Certificate of
Final Completion consists of the following:
1. Design-Builder shall notify City in writing that Work is complete and request
that City issue a Certificate of Final Completion.
2. City will inspect the Work and determine if the Work is complete in
accordance with the Contract Documents and any and all conditions
required by the Special Conditions or GMP Amendment.
3. If City determines that the Work is not comp lete, City will notify Design-
Builder in writing of the Work to be completed and issue a Punch List.
4. Design-Builder shall complete the Punch List and re-submit the request for
Final Completion. Should the Punch List items be found not in compliance
with the requirements of the Contract Documents, City will notify Design-
Builder in writing of items of noncompliance. Design-Builder shall take such
measures as necessary to complete such items of noncompliance. Failure
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to include an item on the Punch List does not alter Design-Builder’s
responsibility to comply with the Contract Documents.
5. If City determines that the Work is entirely complete, a Certificate of Final
Completion will be issued by City. The certificate shall establish the date of
Final Completion for the Work.
C. Certificate of Final Completion. Issuance of a Certificate of Final Completion
shall not discharge the duty of Design-Builder to complete the Work in
accordance with the Contract Documents and shall not constitute a waiver of
defects or missing or incomplete Work, whether or not identifi ed in the Punch
List.
13.2 Guarantee of Work.
A. Project Warranty.
1. Design-Builder warrants and guarantees in its Project Warranty, without
limitation, the following:
a. Work shall: (i) be new, of recent manufacture and of good quality; (ii)
conform to the requirements of the Contract Documents; and (iii) be
free of material faults or defects.
b. All items having a manufacturer's warranty installed under the
Contract shall be installed by or under the directive of the
manufacturer or his certified agent in order to conf orm with the
manufacturer's warranty requirements. All Work, including any
repairs or replacements, involving manufacturer's products shall be
performed in accordance with manufacturer's recommendations in
order to maintain all warranties.
c. Neither final payment nor any provision in the Contract Documents
shall relieve Design-Builder of responsibility for faulty materials or
workmanship.
2. Design-Builder acknowledges and agrees that the Project Warranty is in
addition to, and not in limitation of, any other warranties, rights and
remedies available to City under the Contract or Applicable Law, and shall
not limit Design-Builder’s liability or responsibility imposed by the Contract
or Applicable Law with respect to the Work, including to latent defects, gross
mistakes, or fraud. Nothing in the Project Warranty or in the Contract
Documents shall be construed to limit the rights and remedies available to
City at law or in equity, including, but not limited to, Code of Civil Procedure
section 337.15.
B. Project Warranty Period and Work.
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1. Design-Builder hereby agrees to repair or replace, at the discretion of City,
any or all Work that may prove to be defective in its workmanship, materials
furnished, methods of installation, fail to conform to the Contract Document
requirements or otherwise not in accordance with the requirements of the
Project Warranty, together with any other Work which may be damaged or
displaced by such defect(s) commencing on date of Final Completion for
the Work and terminating after a period of two (2) years (or as otherwise
indicated in the Contract Documents or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials
incorporated into the Work, whichever is later) without any expense
whatever to City, ordinary wear and tear and unusual abuse and neglect
excepted.
2. Design-Builder shall remedy at its sole expense any damage to City-owned
or controlled real or personal property. All costs associated with such
corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be
the sole responsibility of Design-Builder.
3. For any warranty Work so corrected, Design-Builder’s obligation hereunder
to correct the warranty Work shall be reinstated for a two (2) year period
after the Work is corrected. This additional warranty period shall apply only
to that portion of Work that was corrected. Design -Builder shall perform
such tests as City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply
with the requirements of the Contract Documents.
4. In the event of Design-Builder’s failure to comply with the above-mentioned
conditions within ten (10) Days after being notified in writing of required
repairs, to the reasonable satisfaction of City, City shall have the right to
correct and replace any defective or non-conforming Work and any work
damaged by such work or the replacement or correction thereof at Design-
Builder’s sole expense. Design-Builder shall be obligated to fully reimburse
City for any expenses incurred hereunder immediately upon demand.
5. In the event of any emergency constituting an immediate hazard to health,
safety, property, or licensees, when caused by Work of Design-Builder not
in accordance with the Contract requirements, City may undertake at
Design-Builder’s expense, and without prior notice, all Work necessary to
correct such condition.
C. Manufacturer’s Warranties. Without limiting the Project Warranty or any
guarantees of Design-Builder in the Contract Documents or at law, Design-
Builder shall obtain for City all warranties that would be given in normal
commercial practice and assign to City any and all manufacturer’s or installer’s
warranties for equipment or materials not manufactured by Design-Builder and
provided as part of the Work, to the extent that such third-party warranties are
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assignable and extend beyond the warranty period set forth in this Article.
Assignments will not relieve Design-Builder of its responsibility in the case of a
manufacturer’s or installer’s failure to fulfill guarantee or warranty provisions.
Design-Builder shall furnish City with all warranty and guarantee documents
prior to final acceptance of the Project by City as required. Nothing in these
Contract Documents is intended to limit any third -party warranty that provides
City with greater warranty rights than those provided under the Project
Warranty, as set forth in the Contract.
D. City Furnished Materials and Equipment. When specifically indicated in the
Contract Documents or when directed by City, City may furnish materials or
equipment to Design-Builder for installation and incorporation into the Work. In
the event any act or failure to act by Design -Builder shall cause a warranty
applicable to any materials or products purchased by City for installation by
Design-Builder to be voided or reduced, Design -Builder shall indemnify City
from and against any cost, expense, or other liability arising therefrom, and
shall be responsible to City for the cost of any repairs, replacement or other
costs that would have been covered by the warranty but for such act or failure
to act by Design-Builder.
E. No Limitation Period. Nothing contained in this Article shall be construed to
establish a period of limitation with respect to other obligations that Design-
Builder has under the Contract or under Applicable Law with respect to the
Work, including warranties, guarantees, and obligations with respect to latent
defects. The warranty period for the Project Warranty relates only to the
specific obligations of Design-Builder to respond to notices from City under the
Project Warranty, and have no relationship to the time within which the
obligation of Design-Builder to comply with the Contract may be enforced, nor
the time within which proceedings may be commenced to establish Design -
Builder’s liability with respect to its obligations under the Contract.
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ARTICLE 14 - TERMINATION; SUSPENSION
14.1 Termination of Phase 1 Services.
A. Termination Without Cause.
1. City may, at any time, with or without reason, terminate the Contract during
Phase 1 and compensate Design-Builder only for the Phase 1 Services
satisfactorily rendered to the date of termination. Written notice by City shall
be sufficient to stop further performance of Phase 1 Services by Design-
Builder. Notice shall be deemed given when received by Design -Builder or
no later than three (3) Days after the day the notice was mailed, whichever
is sooner. Design-Builder cannot terminate the Contract without cause.
2. All deliverables including, without limitation, Early Purchase Items, Early
Construction Packages, Construction Documents, Work Product, drawings,
documents, engineering, budget costs, preliminary design, schedule and
data developed by Design-Builder during the Phase 1 shall become the
exclusive property of City and shall be provided to City within ten (10) Days
of City’s notice to Design-Builder of termination.
B. Termination for Cause by City.
1. City may terminate the Contract during the Phase 1 upon giving of written
notice of intention to terminate for cause. Cause shall include, without
limitation, the following:
a. material violation of the Contract by Design-Builder;
b. any act by Design-Builder exposing City to liability to others for
personal injury or property damage; or
c. Design-Builder is adjudged to be bankrupt, Design-Builder makes a
general assignment for the benefit of creditors or a receiver is
appointed on account of Design-Builder’s insolvency.
2. Written notice by City shall contain the reasons for such intention to
terminate and unless within three (3) Days after that notice the condition or
violation shall cease, or satisfactory arrangements for the correction thereof
be made, the Contract shall upon the expiration of the three (3) Days cease
and terminate. In the event of this termination, City may secure Phase 1
Services from another contractor. If the expense, fees, and/or costs to City
exceeds the cost of providing Phase 1 Services pursuant to the Contract,
Design-Builder shall immediately pay the excess expense, fees, and/or
costs to City upon the receipt of City’s notice of these expense, fees, and/or
costs. The foregoing provisions are in addition to and not a limitation of any
other rights or remedies available to City.
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3. All deliverables including, without limitation, Early Purchase Items, Early
Construction Packages, Work Product, documents, engineering support,
budget costs, schedule and data developed by Design -Builder during the
Preconstruction Phase shall become the exclusive property of City and
shall be provided to City within ten (10) Days of City’s notice to Design-
Builder of termination.
14.2 Suspension of Phase 1 Services by City.
A. City may, for any reason, through a written notice to Design-Builder, order
Design-Builder to suspend performance of Phase 1 Services. Prior to any
resumption of Phase 1 Services in the City’s direction, Design-Builder shall
notify City of any additional costs Design-Builder believes it is entitled to within
30 Days of its receipt of the request to resume suspended Phase 1 Services,
or such claim shall conclusively be deemed to have been waived. City shall not
be liable for any additional costs, damages or anticipated profits incurred by
Design-Builder or its Subcontractors and the Phase 1 Fee shall not be
increased during the period of suspension, except the actual costs incurred by
Design-Builder, excluding overhead and profit, for reasonable and unavoidable
costs of suspending Phase 1 Services. If Design -Builder establishes that the
suspension of Phase 1 Services had a material and adverse effect on Design-
Builder’s costs for the performance of Phase 1 Services, Design -Builder shall
be entitled to cost relief, as appropriate and determined by City acting
reasonably and subject to Design-Builder’s duty to mitigate damages.
14.3 Suspension of Work by City.
A. City in its sole and absolute discretion for any reason or no reason whatsoever
may at any time, with or without cause, suspend performance of all or any part
of the Work by giving not less than five (5) Days’ written notice to Design-
Builder. Such notice of suspension of Work will designate the amount and type
of labor, material and equipment to be committed to the Project during the
period of suspension. Design-Builder shall use its best efforts to utilize its labor,
material, and equipment in such a manner as to minimize costs and/or Project
schedule impacts associated with suspension.
B. Upon receipt of any such notice, Design-Builder shall, unless the notice
requires otherwise, do the following: (1) immediately discontinue Work on the
date and to the extent specified in the notice; (2) place no further orders or
subcontracts for material, services, equipment or facilities with respect to
suspended Work other than to the extent required in the notice; (3) promptly
make every reasonable effort to obtain suspension upon terms satisfactory to
City of all orders, subcontracts, and rental agreements to the extent they relate
to performance of Work suspended; and (4) continue to protect and maintain
the Project including those portions on which Work have been suspended.
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C. City shall not be liable for any additional costs, damages or anticipated profits
incurred by Design-Builder or its Subcontractors and the GMP shall not be
increased during the period of suspension, except the actual costs incurred by
Design-Builder, excluding overhead and profit, for (a) the purpose of
safeguarding the Project and material and equipment in transit or at the Site
during the period of suspension, (b) Design-Builder’s or its Subcontractor’s
rented equipment which must maintained at the Site and to the extent costs
cannot be mitigated by Design-Builder, or (c) other reasonable and
unavoidable costs of shutting down the Project, or reassembling personnel and
equipment resulting directly from such suspension. Design-Builder shall be
granted an extension of the Contract Time equal to the number of days
performance of Work are suspended; provided, however, that no actual costs
or extension of Contract Time shall be granted if the suspension results from
Design-Builder's non-compliance with the requirements of the Contract.
14.4 Termination of Work for Cause by City.
A. In the sole estimation of City, if Design-Builder refuses or fails to prosecute the
Work or any separable part thereof with such diligence as will insure its
completion within the time specified by the Contract Documents, or any
extension thereof, or fails to complete Work within such time, or if Design -
Builder should be adjudged a bankrupt, or if it should make a general
assignment for the benefit of its creditors, or if a receiver should be appointed
on account of its insolvency, or Design-Builder or any of its Subcontractors
should violate any of the provisions of the Contract, City may serve written
notice upon Design-Builder and its surety of City's intention to terminate the
Contract. This notice of intent to terminate shall contain the reasons for such
intention to terminate the Contract, and a statement to the effect that Design -
Builder's right to perform the Contract shall cease and te rminate upon the
expiration of ten (10) Days unless such violations have ceased and
arrangements satisfactory to City have been made for correction of said
violations.
B. After expiration of the ten (10) Day period, City may terminate the Contract by
providing a notice of termination to Design-Builder. City may take over and
complete the Work by any method it may deem appropriate, including
enforcement of the Performance Bond. If City takes over the Work, City may,
without liability for so doing, take possession of and utilize in completing the
Work such materials, appliances, plant, and other property belonging to
Design-Builder as may be on the Site.
C. Design-Builder shall not be entitled to receive any further payment hereunder
as a result of such termination. Design-Builder and its surety shall be liable to
City for any excess costs or other damages incurred by City to complete the
Work, including professional services and expenses, reasonable overhead,
profit, and attorneys' fees. This payment obligation sha ll survive completion of
the Project and termination or expiration of the Contract.
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14.5 Termination of Work for Convenience by City.
A. City may terminate performance of the Work in whole or, from time to time, in
part, upon ten (10) Days written notice if City determines that termination is in
City's interest. Design-Builder shall discontinue all or any part of the Work upon
delivery to Design-Builder of a notice of termination specifying that the
termination is for the convenience of City, the extent of termina tion, and the
effective date of such termination.
B. After receipt of notice of termination, and except as directed by City, Design -
Builder shall, regardless of any delay in determining or adjusting any amounts
due under this termination for convenience clau se, immediately proceed with
the following obligations: (1) stop Work as specified in the notice of termination;
(2) complete any Work specified in the notice of termination in a least
cost/shortest time manner while still maintaining the quality called fo r under the
Contract Documents; (3) leave the Site upon which Design-Builder was
working in a safe and sanitary manner such that it does not pose any threat to
the public health or safety; (4) terminate all subcontracts to the extent that they
relate to the portions of the Work terminated; and (5) place no further
subcontracts or orders, except as necessary to complete the continued portion
of the Contract.
C. In case of such termination for City’s convenience, Design-Builder shall be
entitled to receive payment for Work actually completed by Design-Builder in
conformity with the Contract prior to Design-Builder’s receipt of City’s notice of
termination and costs incurred by reason of such termination. Any
documentation substantiating costs incurred by Design -Builder solely as a
result of City's exercise of its right to terminate the Contract pursuant to this
clause, which costs Design-Builder is authorized under the Contract
documents to incur, shall: (1) be submitted to and received by City no later than
30 Days after the effective date of the notice of termination; (2) describe the
costs incurred with particularity; and (3) be conspicuously identified as
“Termination Costs occasioned by City's Termination of Work for
Convenience.” If City rejects any costs, Design-Builder shall be deemed to
waive the rejected costs unless Design-Builder files a claim within thirty (30)
Days of the rejection pursuant to the dispute resolution procedures in these
General Conditions.
D. Design-Builder shall be entitled to receive only the amounts payable under this
Article, and Design-Builder specifically waives any claim for any other amounts
or damages, including, but not limited to, any claim for consequential damages
or lost profits. The provisions in this Article are in addition to and not in limitation
of any other rights or remedies available to City.
E. Termination of the Contract shall not relieve surety of its obligation for any just
claims arising out of or relating to the Work performed.
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F. Notwithstanding any other provision of this Article, when immediate action is
necessary to protect life and safety or to reduce significant exposure or liability,
City may immediately order Design-Builder to cease Work on the Project until
such safety or liability issues are addressed to the satisfaction of City or the
Contract is terminated.
G. If City terminates Design-Builder for cause, and it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Design-Builder shall be entitled to receive only the amounts payable under this
Article, and Design-Builder specifically waives any claim for any other amounts
or damages, including, but not limited to, any claim for consequential damages
or lost profits.
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ARTICLE 15 - MEASUREMENT; PAYMENT
15.1 Payment of Compensation for Phase 1 Services.
A. Phase 1 Fee. City shall pay Design-Builder the Phase 1 Fee in the manner and
subject to the terms and conditions set forth in the Contract. Design -Builder
agrees that the Phase 1 Fee, when earned, shall be Design -Builder’s entire
compensation and reimbursement for the performance of Phase 1 Services,
inclusive of all costs, expenses and disbursements paid or incurred by Design -
Builder, as well as all overhead, administration, risk and profit, subject to
adjustment in the Contract Documents.
B. Invoicing. Design-Builder shall submit a monthly itemized statement of Phase
1 Services charges and expenses to City on the fifth (5th) day of each month.
The itemized statement shall reflect the hours spent, or scope of work
performed, by Design-Builder in performing its Phase 1 Services, and, if
applicable, the statements shall reflect expenses and materials, and the hourly
charges shall not exceed the rates set forth in the Contract Documents. The
itemized statement shall show the days and hours worked each workday
Design-Builder performs Phase 1 Services for the previous month.
C. Payment. Payment for the Phase 1 Services shall be made for all undisputed
amounts in monthly installment payments within thirty (30) Days after Design -
Builder submits an itemized statement to City for Phase 1 Services actually
completed by Design-Builder. Payment shall not constitute acceptance of any
Phase 1 Services completed by Design-Builder.
D. Payment Disputes. Nothing contained in the Contract shall require City to pay
for any Phase 1 Services which are not performed in accordance with the terms
and conditions of the Contract. If City disputes in good faith any payment
request for Phase 1 Services, City shall pay all undisputed amounts when due
but may withhold payment of the disputed amount and shall provide Design-
Builder with a written objection indicating the amount being disputed and the
reasons then known to City for the dispute. In the event that Design -Builder
disputes any amounts offset by City, it shall provide City with a written objection
indicating the amount being disputed and the reasons then known to Design -
Builder. If Design-Builder is unable to reach agreement with City as to the
payment dispute, Design-Builder may elect to initiate dispute resolution
procedures in accordance with the Contract Documents.
15.2 Payment of Compensation for Phase 2 Work.
A. Wavier and Releases. Each application for payment shall show each
Subcontractor and Supplier participating in the Work completed during the
previous progress period and the dollar amount of su ch participation. Each
progress payment application shall be accompanied by:
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1. A conditional waiver and release upon progress payment pursuant to Civil
Code Section 8132 for each Subcontractor and Supplier participating in the
Work completed during the previous progress period which shall be in an
amount no less than the dollar amount of such participation; and
2. A conditional waiver and release upon progress payment pursuant to Civil
Code Section 8132 on behalf of Design-Builder which shall be in an amount
no less than the dollar amount of the total requested in the payment
application.
3. Completed progress payment form, supplied by City, which includes a
payment certification by the Design-Builder certifying that the Work for
which payment is requested has been accomplished.
Design-Builder shall thereafter, within twenty (20) Days of receipt of the
payment from City, complete an unconditional waiver and release upon
progress payment pursuant to Civil Code Section 8134 for each Subcontractor
and Supplier participating in the Work completed during the previous progress
period and an unconditional waiver and release upon progress payment
pursuant to Civil Code Section 8134 on behalf of Design-Builder in an amount
no less than the amount received from City, and submit the same with Design-
Builder’s subsequent application for payment.
B. Security for Money Withheld. Pursuant to Section 22300 of the California Public
Contract Code, Design-Builder may request City to make retention payments
directly to an escrow agent or may substitute securities for any money withheld
by City to ensure performance under the Contract. At the request and expense
of Design-Builder, securities equivalent to the amount withheld shall be
deposited with City or with a state or federally chartered bank as the escrow
agent who shall return such securities to Design -Builder upon satisfactory
completion of the Contract. Deposit of securities with an escrow agent shall be
subject to a written agreement substantially in the form provided in Section
22300 of the California Public Contract Code.
C. Cost Breakdown in Schedule of Values. Design-Builder shall furnish on forms
approved by City within ten (10) Days of the Notice to Proceed for Phase 2 and
prior to submitting its first application for payment, a schedule of values
allocating the entire Phase 2 Price to the various portions of the Work and
prepared in such a form and supported by such data to substantiate its
accuracy as the City’s Representative may require. This schedule of values,
unless objected to by the City’s Representative, shall be used as a basis for
reviewing Design-Builder’s applications for payment. City will not issue any
payment until it receives and accepts the schedule of values.
D. Progress Estimates and Payment.
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1. Application for Payment Submittal. By the tenth (10th) Day of the following
calendar month, Design-Builder shall submit to City’s Representative on
forms approved by City a written payment request for payment of the Work,
together with such supporting data as City may request, which shall set forth
in detail the value of the Work done for the period beginning with the date
Work was first commenced and ending on the end of the calendar month
for which the payment request is prepared. Design-Builder shall include any
amount earned for authorized Change Orders. Design-Builder shall certify
under penalty of perjury that all cost breakdowns and periodic estimates
accurately reflect the Construction Work performed pursuant to the Contract
Documents.
2. Application for Payment Contents. Design-Builder shall submit with each
application for payment:
a. An invoice that includes, without limitation, the total GMP, total of
additive and deductive Change Orders, total retention, and total
Phase 2 Price;
b. An updated schedule of values;
c. An updated Phase 2 CPM Schedule for the Work; and
d. Conditional and unconditional release of liens from Subcontractors
and Suppliers.
3. Schedule of Values. Each application for payment shall be based on the
most recent schedule of values submitted by Design-Builder in accordance
with the Contract Documents. Applications for payment shall show the
percentage of completion of each portion of the Work as of the end of the
period covered by the application for payment. The percentage of
completion shall be the percentage of that portion of the Work which
Design-Builder has actually been completed.
4. Open Book Basis. Design-Builder acknowledges that the GMP is to be
administered on an Open Book Basis relative to the costs of the
Construction Work. The payment request shall be supported by such data
substantiating Design-Builder’s right to payment as City may require
including but not limited to payrolls, petty cash accounts, receipted invoices
or invoices with check vouchers attached, Subcontractor payment requests
submitted to Design-Builder, documentation supporting the Subcontractor’s
payment requests, and any other evidence or documentation required by
City.
5. Retention. From the total thus computed, a deduction shall be made in the
amount of five percent (5%) for retention, except where City has adopted a
finding that the Work done under the Contract is substantially complex, and
then the amount withheld as retention sha ll be the percentage specified in
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the Special Conditions. The amount computed, less the amount withheld
for retention and any amounts withheld as set forth below, shall be the
amount of Design-Builder’s payment request.
6. Withholdings. City may withhold a sufficient amount or amounts of any
payment or payments otherwise due to Design -Builder, as in its judgment
may be necessary to cover:
a. Payments which may be past due and payable for just claims against
Design-Builder or any Subcontractors for labor or materials furnished
in and about the performance of work on the Project under the
Contract.
b. Defective Work not remedied.
c. Failure of Design-Builder to make proper payments to
Subcontractors, Suppliers or for labor.
d. Completion of the Work if there is a reasonable doubt that the Work
can be completed for balance then unpaid.
e. Damage to another contractor or a third party.
f. Amounts which may be due City for claims against Design-Builder.
g. Failure of Design-Builder to keep the Record Drawings up to date.
h. Failure to provide an updated CPM Schedule as required herein.
i. Site cleanup.
j. Failure to comply with Contract Documents.
k. Liquidated damages.
l. Legally permitted penalties.
7. City may apply such withheld amount or amounts to payment of such claims
or obligations at its discretion with the exception of subsections (6)(a), (c),
and (e) of this Article, which must be retained or applied in accordance with
Applicable Law. In so doing, City shall be deemed the agent of Design-
Builder and any payment so made by City shall be considered as a payment
made under contract by City to Design-Builder and City shall not be liable
to Design-Builder for such payments made in good faith. Such payments
may be made without prior judicial determination of claim or obligations. City
will render Design-Builder a proper accounting of such funds disbursed on
behalf of Design-Builder.
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8. Upon receipt of an application for payment from Design-Builder, City’s
Representative shall review the payment request to determine whether it is
undisputed and suitable for payment. If the payment request is determined
to be unsuitable for payment, it shall be returned to Design -Builder as soon
as practicable but not later than seven (7) Days after receipt, accompanied
by a document setting forth in writing the reasons why the payment request
is not proper. City will make the progress payment within 30 Days after the
receipt of an undisputed and properly submitted payment re quest from
Design-Builder, provided that a release of liens and claims has been
received from Design-Builder pursuant to Civil Code section 8132.
9. Design-Builder warrants and guarantees that title to all Work, materials, and
equipment covered by any application for payment, whether incorporated in
the Project or not, will pass to City no later than the time of payment free
and clear of all Liens.
10. City shall have the right to adjust any estimate of quantity and to
subsequently correct any error made in any estimate for payment.
15.3 Payments to Subcontractors.
A. Design-Builder shall develop and implement procedures for submittal of
applications for progress payments to Design-Builder by Subcontractors in
accordance with these General Conditions and the review, proc essing and
disbursement of progress payments to Subcontractors, along with associated
forms and reporting systems. Design-Builder shall disburse progress payments
due each Subcontractor within ten (10) Days of Design-Builder’s receipt of
payment from City, except to the extent that Design-Builder’s payment of such
amount or any portion thereof is subject to withholdings for a stop payment
notice, prevailing wage rate violations or other withholdings of payment(s) due
Subcontractors under the terms of the subcontracts or by operation of law.
Design-Builder shall indemnify City against any and all claims arising from or
related to the failure of Design-Builder to comply with the prompt payment
requirements under the Public Contract Code.
15.4 Final Acceptance and Payment.
A. During Project close-out of the Project, before Final Completion, Design-
Builder shall submit to City a detailed Project accounting setting forth all
additive Change Orders approved by City, and, if applicable, all savings
generated by Design-Builder during the Project. City shall, within a reasonable
amount of time after receipt, review Project accounting to determine its
accuracy and reconcile the any potential savings and approved and
unapproved Change Orders to determine the final cost to complete Phase 2. If
City determines that there are savings due to either Party, or if City determines
that the GMP needs to be adjusted upward because of unapproved Change
Orders, City may issue a unilateral additive or deductive Change Order (as
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applicable). Design-Builder’s compliance with this Section is a material term of
the Contract necessary for Final Completion of the Project, and Design -Builder
acknowledges that City shall not be obligated to release retention until Design-
Builder complies with this Section.
B. Unless Design-Builder advises City in writing prior to acceptance of the final
five percent (5%) or the percentage specified in the Contract Documents where
City has adopted a finding of completion, or the return of securities held as
described herein, said acceptance shall operate as a release to City of all
claims and all liability to Design-Builder for all things done or furnished in
connection with this Work and for every act of negligence of City and for all
other claims relating to or arising out of this Work. If Design-Builder advises
City in writing prior to acceptance of final payment or return of the securities
that there is a dispute regarding the amount due Design-Builder, City may pay
the undisputed amount contingent upon Design-Builder furnishing a release of
all undisputed claims against City with the disputed claims in stated amounts
being specifically excluded by Design-Builder from the operation of the release.
No payment, however, final or otherwise, shall operate to release Design-
Builder or its sureties from the faithful Performance Bond, Payment Bond, or
from any other obligation under the Contract.
C. In case of termination of the Contract any unpaid balance shall be and become
the sole and absolute property of City to the extent necessary to repay City any
excess in the cost of the Work above the GMP.
D. Final payment of the five percent (5%) retention shall be made no later than 60
Days after the date of Final Completion, provided that a release of liens and
claims has been received from Design-Builder pursuant to Civil Code section
8136. In the event of a dispute between City and Design -Builder, City may
withhold from the final payment an amount not to exceed 150% of the disputed
amount.
E. Within ten (10) Days from the time that all or any portion of the retention
proceeds are received by Design-Builder, Design-Builder shall pay each of its
Subcontractors from whom retention has been withheld each Subcontractor’s
share of the retention received. However, if a retention payment received by
Design-Builder is specifically designated for a particular Subcontractor,
payment of the retention shall be made to the designated Subcontractor if the
payment is consistent with the terms of the subcontract.
F. The making and acceptance of final payment will constitute a waiver of all
Claims by Design-Builder against City other than those previously made in
accordance with the requirements herein and expressly acknowledged by City
in writing as still unsettled.
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ARTICLE 16 -MISCELLANEOUS CONTRACT PROVISIONS
16.1 Separate Contracts.
A. Design-Builder understands that this is not an exclusive contract and that City
shall have the right to negotiate with and enter into separate contracts with
others providing the same or similar services as those provided by Design -
Builder as City desires.
16.2 Notice.
A. All notices shall be in writing and either served by personal delivery or mailed
to the other Party. Written notice to Design-Builder shall be addressed to
Design-Builder’s principal place of business unless Design-Builder designates
another address in writing for service of notice. Notice to City shall be
addressed to City as designated in the Contract unless City designates another
address in writing for service of notice. Notice shall be effective upon receipt or
five (5) Days after being sent by first class mail, whichever is earlier. Notice
given by facsimile shall not be effective unless acknowledged in writing by the
receiving party.
16.3 Notice of Third Party Claims.
A. Pursuant to Public Contract Code section 9201, City shall p rovide Design-
Builder with timely notification of the receipt of any third-party claims relating to
the Contract. City is entitled to recover reasonable costs incurred in providing
such notification.
16.4 Cumulative Remedies.
A. The duties and obligations imposed by these General Conditions and the rights
and remedies available hereunder to the parties hereto are in addition to, and
are not to be construed in any way as a limitation of, any rights and remedies
available to any or all of them which are otherwise imposed or available by
Applicable Laws, by special warranty or guarantee, or by other provisions of
the Contract Documents. The provisions of this Article will be as effective as if
repeated specifically in the Contract Documents in connection with each
particular duty, obligation, right, and remedy to which they apply.
16.5 Survival of Obligations.
A. All representations, indemnifications, warranties, and guarantees made in,
required by, or given in accordance with the Contract Documents, as well as
all continuing obligations indicated in the Contract Documents, will survive final
payment, completion, and acceptance of the Project or termination or
completion of the Contract or termination of the services of Design-Builder.
16.6 Controlling Law.
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A. Notwithstanding any subcontract or other contract with any Subcontractor,
Supplier, or other person or organization performing any part of the Project, the
Contract shall be governed by the law of the State of California excluding any
choice of law provisions.
16.7 Jurisdiction; Venue.
A. Design-Builder and any Subcontractor, supplier, or other person or
organization performing any part of the Project agree that any action or suits at
law or in equity arising out of or related to the proposal process, award, or
performance of the Project shall be maintained in the Superior Court of
Riverside County, California, and expressly consent to the jurisdiction of said
court, regardless of residence or domicile, and agree that said court shall be a
proper venue for any such action.
16.8 Prohibited Interests.
A. No City official or representative who is authorized in such capacity and on
behalf of City to negotiate, supervise, make, accept, or approve, or to take part
in negotiating, supervising, making, accepting or approving any engineering,
inspection, construction or material supply contract or any subcontract in
connection with construction of the Project, shall be or become directly or
indirectly interested financially in the Contract. Design-Builder warrants that it
has not paid or given and will not pay or give any third party any money or other
consideration for obtaining the Contract.
16.9 Severability.
A. If any provision of the Contract is found by a court of competent jurisdiction to
be void, invalid or unenforceable, then the Parties agree that such invalidity or
unenforceability shall have no effect whatsoever on the balance of the
Contract.
16.10 Headings.
A. Article and paragraph headings are inserted for convenience only and do not
constitute parts of these General Conditions.
16.11 City’s Right to Audit.
A. Design-Builder shall make available to City for auditing, all relevant accounting
records and documents, and other financial data, and upon request, shall
submit true copies of requested records to City. If Design-Builder submits a
Change Order Request or a Claim to City, City shall have the right to audit
Design-Builder’s books, records, documents, and other evidence to the extent
they are relevant.
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B. The right to audit shall include the right to examine books, records, documents,
and other evidence and accounting procedures and practices, sufficient to
discover and verify all direct and indirect costs of whatever nature claimed to
have been incurred or anticipated to be incurred and for which the claim has
been submitted, including but not limited to job cost reports, estimates,
proposals, bids, proposal papers, documents of other work administered by
Design-Builder’s home office, and any and all other documentation relied upon
by Design-Builder to obtain the Contract. City shall have the right to make and
take copies of any records examined.
C. The right to audit shall include the right to inspect Design -Builder’s plans, or
such parts thereof, as may be or have been engaged in the performance of the
Project. Design-Builder further agrees that the right to audit encompasses all
subcontracts and is binding upon Subcontractors. The right to audit provided
herein shall be exercisable through such representatives as City deems
desirable during Design-Builder’s normal business hours at Design-Builder’s
office.
D. In accordance with Government Code Section 8546.7, records of both City and
Design-Builder shall be subject to examination and audit by the State Auditor
General for a period of three (3) years after final payment. Design -Builder shall
make available to City any of Design-Builder’s other documents related to the
Project immediately upon request of City. In addition to the State Auditor’s
rights described above, City shall have the right to examine and audit all books,
estimates, records, contracts, documents, Proposals, subcontracts, and other
data of Design-Builder (including electronic records, computations and
projections) related to negotiating, pricing, or performing the Project in order to
evaluate the accuracy and completeness of the cost or pricing data, for a period
of four (4) years after final payment.
16.12 Assignment.
A. Design-Builder shall not assign, transfer, convey, sublet, or otherwise dispose
of the Contract or any part thereof including any claims, without prior written
consent of City. Any assignment without the written consent of City shall be
void. Any assignment of money due or to become due under the Contract shall
be subject to a prior lien for services rendered or Material supplied for
performance of Work called for under the Contract Documents in favor of all
persons, firms, or corporations rendering such services or supplying such
Materials to the extent that claims are filed pursuant to the Civil Code, the Code
of Civil Procedure or the Government Code.
16.13 Assignment of Antitrust Actions.
A. As set forth in Public Contract Code section 7103.5, in entering into a public
works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the contractor or subcontractor offers and
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agrees to assign to the awarding body all rights, title, and interest in and to all
causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §
15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and P rofessions Code), arising from
purchases of goods, services, or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become
effective at the time City tenders final payment to the Design -Builder, without
further acknowledgment by the Parties.
16.14 State License Board Notice.
A. Contractors are required by law to be licensed and regulated by Contractors’
State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four
(4) years of the date of the alleged violation. A complaint regarding a latent act
or omission pertaining to structural defects must be filed within ten (10) years
of the date of the alleged violation. Any questions concerning a contractor may
be referred to the Registrar, the Contractors’ State License Board, P.O. Box
26000, Sacramento, California 95826.
16.15 Change In Name or Nature of Design-Builder’s Legal Entity.
A. Should a change be contemplated in the name or nature of Design-Builder’s
legal entity, Design-Builder shall first notify City in order that proper steps may
be taken to have the change reflected in the Contract Documents and all
related documents. No change of Design-Builder’s name or nature will affect
City’s rights under the Contract Documents, including but not limited to the
bonds and insurance.
16.16 Other Legal Provisions.
A. Notices. Design-Builder shall give all notices and comply with Applicable Laws
bearing on conduct of Work as indicated and specifie d by their terms.
References to specific laws, rules or regulations in the Contract are for
reference purposes only and shall not limit or affect the applicability of
provisions not specifically mentioned. If Design-Builder observes that Design
Documents are at variance therewith, Design-Builder shall promptly notify City
in writing, and any necessary changes shall be adjusted as provided for in the
Contract for changes in Work. If Design-Builder performs any Work knowing it
to be contrary to such laws, ordinances, rules and regulations, and without such
notice to City, Design-Builder shall bear all costs arising therefrom.
B. ADA. Design-Builder shall be responsible for familiarity with the Americans with
Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be
performed in compliance with ADA laws, rules and regulations. Design-Builder
shall comply with the Historic Building Code, including, but not limited to, as it
relates to the ADA, whenever applicable.
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C. Mined Material. Design-Builder acknowledges and understands that pursuant
to Public Contract Code section 20676, sellers of "mined material" must be on
an approved list of sellers published pursuant to Public Resources Code
section 2717(b) in order to supply mined material for the Contract.
D. Other Laws. All provisions of law required to be inserted in the Contract or
Contract Documents pursuant to any Applicable Laws shall be and are inserted
herein. If through mistake, neglect, oversight, or otherwise, any such provision
is not herein inserted or inserted in improper form, upon the application of either
party, the Contract or Contract Documents shall be changed by City, at no
increase in the GMP or extension of Contract Time, so as to strictly comply with
the Applicable Laws and without prejudice to the rights of either party
hereunder.
END OF GENERAL CONDITIONS
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ATTACHMENT 2
PHASE 1 SCOPE OF SERVICES
The Project includes two phases: (1) preconstruction design phase services and GMP
negotiation (“Phase 1”); and (2) final design services, demolition and abatement of the
existing site, and construction services to complete the Project (“Phase 2”), each of which
are more fully described in the Contract Documents. The scope shall include, but will not
be limited to the following:
PHASE 1: Design Advancement and GMP Development
Phase 1 includes but is not limited to a comprehensive suite of pre-construction services
focused on refining the project’s design and preparing the site for future construction
activities, culminating in a final negotiated Guaranteed Maximum Price (“GMP”) and
demolition, abatement (if necessary), and site preparation. The Proposer will be
responsible for advancing the fit and finish of the design while preserving the intent and
integrity of the existing Schematic Design (“SD”) package. In addition, the Proposer shall
assume full responsibility for ensuring code compliance, securing all necessary permits,
and adhering to applicable state and federal regulations throughout the duration of this
phase. The selected Proposer will be responsible for:
1. Project Management throughout:
Throughout the life of the Project, the Proposer shall be responsible for maintaining
consistent and transparent communication with the City through a combination of written
reports, scheduled meetings, and status updates. Proposer shall be expected to attend
regular meetings with the City as requested and provide all necessary project
management functions, including administrative duties such as timely submission
monthly invoices and summaries of work completed.
a. Design Phase: The Proposer shall provide weekly updates, including
progress reports and meeting summaries, with frequency adjusted as
needed based on project milestones and activity levels.
b. Construction Phase: The Proposer shall continue to provide regular
updates, including detailed status reports, issue tracking, and coordination
meeting documentation, ensuring timely communication of pro gress, risks,
and mitigation strategies.
2. Design Advancement – Design Development (“DD”) Phase
Conduct a comprehensive review of existing schematic design documentation to
validate alignment with project objectives, regulatory requirements, and
stakeholder expectations. This phase includes:
a. Identification of opportunities for design optimization from the SD phase to
the DD phase.
b. Recommendations for potential refinements to improve operational
efficiency, sustainability, or cost-efficiency, while maintaining the integrity of
the SD work package.
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c. Coordination with relevant disciplines and City staff to ensure integrated and
cohesive design progression.
3. Constructability Review
Evaluate the feasibility of the proposed design from a construction perspective to
proactively identify and mitigate potential challenges. This includes:
a. Assessment of site conditions, phasing constraints, and logistical
considerations.
b. Recommendations to improve construction sequencing, access, and safety.
4. Value Engineering (“VE”)
Facilitate a collaborative, structured value engineering process to identify cost -
saving opportunities without compromising quality, performance, or regulatory
compliance. Activities include:
a. Comparative analysis of alternative materials, systems, and methods.
b. Lifecycle cost assessments and performance evaluations.
c. Stakeholder workshops to review and prioritize VE options.
5. Cost Estimating and Scheduling
Develop detailed cost projections and a realistic project schedule to support
informed decision-making and resource planning. These cost estimates shall be
presented at the 60 and 90% completion phases of the DD and Construction
Document for Independent Cost Estimate (“ICE”) reviews. This includes:
a. Itemized cost estimates based on current market data and design scope.
b. Development of a master schedule with key milestones, dependencies, and
critical path analysis that illustrates how the Proposer will meet Substantial
Completion by December 2027.
c. Identification of required services and deliverables from the City, including
review of timelines, utility coordination, and public engagement.
d. Cost reconciliation between ICE and the Proposer supplied cost estimates.
6. Permitting and Support
Identifying all necessary permits and approvals required for project execution and
supporting the preparation and submission of permit applications. This includes:
a. Regulatory pathway analysis and timeline development.
b. Coordination with permitting agencies to clarify requirements and
expectations.
c. Preparation of supporting documentation and responses to agency
comments.
7. Construction Document (“CD”) Package Development
Prepare comprehensive construction documentation to support bidding,
procurement, and execution of early site work. This includes:
a. Finalization of drawings, specifications, and technical details.
b. Integration of approved VE items and constructability recommendations.
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c. Coordination with procurement and construction teams to ensure clarity and
completeness.
8. Submission of a GMP & Construction Schedule
Delivery of a comprehensive GMP proposal for City review and approval, including
detailed cost breakdowns, allowances, contingencies, and assumptions.
a. The submission shall reflect coordination with the final design documents
and incorporate all scope elements, value engineering outc omes,
applicable regulatory requirements and a detailed construction schedule.
To mark the completion Phase 1 will be a final negotiated and mutually agreed upon
GMP proposal for the full construction of the project. If the City accepts the GMP, the
Contract will be amended to initiate Phase 2. It is important to note that the City is not
obligated to proceed with Phase 2. If negotiations with the Proposer are unsuccessful,
the City retains full ownership of all Phase 1 work products, including design documents,
and may use them to complete the project through alternative means.
Key Milestones for Phase 1:
I. Kickoff & Design Review Initiation, along with regular status check in meetings with
the City
II. Completion of Design Validation Report for City review and Feedback
III. Constructability & Value Engineering Workshop to ensure budget and scope are
aligned
IV. Preliminary Cost Estimate & Reconciliation & Schedule Submission for
Independent Cost Estimator Review
A. Costs at 60 and 90 design for Independent Cost Estimate (“ICE”) review
V. Permit Matrix Finalization and Permit Submission
VI. Site Preparation Plan Approval
VII. Submission of GMP Proposal and GMP Acceptance
VIII. Notice to Proceed Given for Phase 2
The completion milestone for Phase 1 is set for six (6) months from the issuance
date of the Notice to Proceed
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ATTACHMENT 3
SPECIAL CONDITIONS
ARTICLE 1 - DEFINITIONS; TERMINOLOGY
1.1. NOT USED.
ARTICLE 2 - CONTRACT DOCUMENTS: iNTENT, AMENDING, REUSE
2.1. NOT USED.
ARTICLE 3 - INDEMNIFICATION; INSURANCE; BONDS
3.1. NOT USED.
ARTICLE 4 - CITY RESPONSIBILITIES GENERALLY
4.1. NOT USED.
ARTICLE 5 - DESIGN-BUILD ENTITY’S RESPONSIBILITIES
5.1. STAFFING OF PROJECT
ARTICLE 6 - COST OF THE CONSTRUCTION WORK
6.1. CONSTRUCTION WORK PERFORMED BY DESIGN-BUILDER.
6.2. DESIGN-BUILDER’S FEE.
6.3. SELF-PERFORMED CONSTRUCTION WORK.
6.4. SUBCONTRACTED CONSTRUCTION WORK.
6.5. SHARED COST SAVINGS.
6.6. ESCALATION.
ARTICLE 7 - SUBMITTALS; SHOP DRAWINGS
7.1. NOT USED.
ARTICLE 8 - MATERIALS; EQUIPMENT
8.1. NOT USED.
ARTICLE 9 - PROJECT SITE
9.1. NOT USED.
ARTICLE 10 - PROSECUTION OF THE WORK
10.1. NOT USED.
ARTICLE 11 - SCHEDULE; CONTRACT TIME
11.1. NOT USED.
ARTICLE 12 - CHANGE IN CONTRACT PRICE; CHANGE IN CONTRACT
TIMES
12.1. NOT USED.
ARTICLE 13 - COMPLETION; GUARANTEE OF WORK
444
Contract No. ____________
Attachment 3 – Special Conditions
147
13.1. NOT USED.
ARTICLE 14 - TERMINATION; SUSPENSION
14.1. NOT USED.
ARTICLE 15 - MEASUREMENT; PAYMENT
15.1. NOT USED.
445
Contract No. ____________
Attachment 3 – Special Conditions
148
ARTICLE 1 - DEFINITIONS; TERMINOLOGY
1.1. NOT USED.
446
Contract No. ____________
Attachment 3 – Special Conditions
149
ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
2.1. NOT USED.
447
Contract No. ____________
Attachment 3 – Special Conditions
150
ARTICLE 3 - INDEMNIFICATION; INSURANCE; BONDS
3.1. NOT USED.
448
Contract No. ____________
Attachment 3 – Special Conditions
151
ARTICLE 4 - CITY RESPONSIBILITIES GENERALLY
4.1. NOT USED.
449
Contract No. ____________
Attachment 3 – Special Conditions
152
ARTICLE 5 - DESIGN-BUILD ENTITY’S RESPONSIBILITIES
5.1. STAFFING OF PROJECT.
A. Design-Builder’s Representative.
1. Design-Builder hereby designates Bryant Ismerio, Project
Executive, or his or her designee, to act as Design -Builder’s
Representative. Design-Builder’s Representative shall have full
authority to represent and act on behalf of Design-Builder for all
purposes under the Contract. Design-Builder’s Representative shall
supervise and direct all work on the Project, using his or 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 Work pursuant to the Contract.
Design-Builder may designate new and/or different individuals to act
as Design-Builder’s Representative from time to time upon written
notice to the City and the express written consent of City, which such
consent may be withheld by City. If, for whatever reason, Design -
Builder’s Representative is replaced and this section is not revised,
or no such representative is designated, Design -Builder’s
Representative shall be read as applying to Design-Builder.
B. City’s Representative.
1. City hereby designates Ryan Lamb, Sr. Project Manager, or his or
her designee, as the person to act as City’s Representative. City’s
Representative shall be authorized to act as liaison between City and
Design-Builder in the administration of the Contract and all work on
the Project. City’s Representative shall have the power to act on
behalf of City for all purposes under the Contract. City may designate
new and/or different individuals to act as City’s Representative from
time to time upon written notice to Design-Builder. If, for whatever
reason, City’s Representative is replaced and this section is not
revised, or no such representative is designated, City’s
Representative shall be read as applying to City.
C. Designated Key Personnel.
1. Design-Builder has been selected to complete the Project in part
because of the experience, expertise, training, education and skill of
key individuals. The Key Personnel shall perform the roles and
responsibilities of the applicable title. The following individuals are
Design-Builder’s Key Personnel, none of whom can be replaced
unless approved by City as provided herein:
450
Contract No. ____________
Attachment 3 – Special Conditions
153
Key Personnel Role Key Personnel Name
Project Executive Bryant Ismerio
Project Manager Molly McMillan
General Contractor Lead Thomas Howell
Design Manager Jeff Rae
Preconstruction Manager/Estimator Jason Howarth
Superintendent Jeff Rae
Safety Manager Quann Kizer
D. Removal of Key Personnel.
1. Design-Builder acknowledges the quality and qualifications of the
Key Personnel were important and material factors in City’s selection
of Design-Builder for the Project. Design-Builder and City agree that
the services of the Key Personnel are a material term of the Contract
Documents. Design-Builder will not remove any of its Key Personnel
from their respective role on this Project without the express written
consent of City. If, for any reason except for death, disability, or
voluntary departure by person from employment, an individual
identified as Key Personnel ceases to perform the dut ies of a Key
Personnel, City may terminate the Contract for material breach by
Design-Builder.
E. Replacing Key Personnel.
1. Any Key Personnel change shall be proposed to City with reasonable
advance notice for its review and approval. Upon written notice by
City to Design-Builder, Design-Builder shall replace Key Personnel
within 60 Days if Key Personnel fails to perform to the sole
satisfaction of City. Any replacement of Key Personnel shall meet the
qualifications in the RFP for the applicable role and City shall have
the sole discretion to determine whether the Key Personnel
replacement is qualified. If the Key Personnel replacement is not
qualified, as determined in the sole discretion of City, Design-Builder
shall propose a new Key Personnel replacement to City. Design-
Builder shall be responsible for any and all costs related to replacing
any Key Personnel, including any costs to acquaint themselves with
the Project. Key Personnel for any Key Subcontractor are subject to
all conditions in these Contract Documents.
451
Contract No. ____________
Attachment 3 – Special Conditions
154
ARTICLE 6 - COST OF THE CONSTRUCTION WORK
6.1. CONSTRUCTION WORK PERFORMED BY DESIGN-BUILDER.
A. Self-Perform Amount. Design-Builder shall perform Construction Work on
the Project accounting to at least fifteen percent (15%) of the Construction
Work in the Phase 2 Price.
6.2. DESIGN-BUILDER’S FEE. [RESERVED]
A. Design-Builder’s Self-Performance Fee. Design-Builder’s Self-
Performance Fee shall be four and a half percent (4.5%).
B. Design-Builder’s Subcontractor Fee. Design-Builder’s Subcontractor Fee
shall be four and a half percent (4.5%).
6.3. SELF-PERFORMED CONSTRUCTION WORK.
A. Independent Cost Estimate Percentage. The X value in Article 6.5(B) is
five percent (5%).
6.4. SUBCONTRACTED CONSTRUCTION WORK.
A. Non-Competitive Subcontracted Procurement. Article 6.7(C)(1) is replaced
with the following:
1. Design-Builder may procure Subcontractors without following the
above competitive procurement procedures only if:
a. The Phase 2 Price is less than $10,000,000; or
b. If the Phase 2 Price is equal to or greater than $10,000,000,
the Subcontracted Construction Work is equal to or less than
one-half of one percent (0.5%) of the Phase 2 Price.
6.5. SHARED COST SAVINGS.
A. If the final accounting of the GMP is less than the GMP as set forth in the
GMP Amendment, including all adjustments to the GMP in accordance with
the Contract Documents, the difference shall be considered “savings” and
shall be shared as follows: twenty-five percent (25%) to Design-Builder and
seventy-five percent (75%) to City.
6.6. ESCALATION.
A. During Phase 1, Design-Builder shall identify materials and/or equipment
incorporated into the Project that may be subject to significant price
escalation during the Project and provide ways, such as Early Purchase
Items, to mitigate such escalation. If Design-Builder identifies certain
452
Contract No. ____________
Attachment 3 – Special Conditions
155
materials and/or equipment required for the Project that may be subject to
significant price escalation during the work, Design-Builder may request a
material escalation clause in a GMP. City will evaluate whether or not a
material escalation clause is appropriate for a GMP by evaluating such
things as the Contract Time for the Work, whether the market for the
materials and/or equipment is historically volatile and subject to sudden
price increases, and City’s tolerance for taking on escalation risk for the
identified materials and/or equipment. If City decides, in its sole discretion,
that a material price escalation provision is appropriate for the Project, City
and Design-Builder will negotiate such a provision as part of the GMP. The
material price escalation provision will include certain conditions that
Design-Builder would have to demonstrate to receive escalation costs from
City.
453
Contract No. ____________
Attachment 3 – Special Conditions
156
ARTICLE 7 - SUBMITTALS; SHOP DRAWINGS
7.1. NOT USED.
454
Contract No. ____________
Attachment 3 – Special Conditions
157
ARTICLE 8 - MATERIALS; EQUIPMENT
8.1. NOT USED.
455
Contract No. ____________
Attachment 3 – Special Conditions
158
ARTICLE 9 - PROJECT SITE
9.1. NOT USED.
456
Contract No. ____________
Attachment 3 – Special Conditions
159
ARTICLE 10 - PROSECUTION OF THE WORK
10.1. NOT USED.
457
Contract No. ____________
Attachment 3 – Special Conditions
160
ARTICLE 11 - SCHEDULE; CONTRACT TIME
11.1. NOT USED.
458
Contract No. ____________
Attachment 3 – Special Conditions
161
ARTICLE 12 - CHANGE IN CONTRACT PRICE; CHANGE IN CONTRACT TIMES
12.1. NOT USED.
459
Contract No. ____________
Attachment 3 – Special Conditions
162
ARTICLE 13 - COMPLETION; GUARANTEE OF WORK
13.1. NOT USED.
460
Contract No. ____________
Attachment 3 – Special Conditions
163
ARTICLE 14 - TERMINATION; SUSPENSION
14.1. NOT USED.
461
Contract No. ____________
Attachment 3 – Special Conditions
164
ARTICLE 15 - MEASUREMENT; PAYMENT
15.1. NOT USED.
462
Contract No. ____________
Attachment 4 – Cost Proposal
165
ATTACHMENT 4
DESIGN BUILDER’S COST PROPOSAL FORM
463
Contract No. ____________
166
ATTACHMENT 5
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (“City”) has awarded to
_____________, (“Design-Builder”) an agreement for New Library Facility (hereinafter
referred to as the “Project”).
WHEREAS, the work to be performed by the Design -Builder is more particularly
set forth in the Contract Documents for the Project dated _________________,
(hereinafter referred to as “Contract Documents”), the terms and conditions of which are
expressly incorporated herein by reference; and
WHEREAS, the Design-Builder is required by said Contract Documents to perform
the terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
NOW, THEREFORE, we, _____________________, the undersigned Design-
Builder and _______________________ as Surety, a corporation organized and duly
authorized to transact business under the laws of the State of California, are held and
firmly bound unto City in the sum of ______________________ Dollars, ($_________),
said sum being not less than one hundred percent (100%) of the total amount of the
Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Design-Builder,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand
to and abide by, and well and truly keep and perform the covenants, c onditions and
agreements in the Contract Documents and any alteration thereof made as therein
provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and sh all faithfully
fulfill all obligations including the two (2) year guarantee of all materials and workmanship;
and shall indemnify and save harmless City, its officers and agents, as stipulated in said
Contract Documents, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney’s fees, incurred by City in enforcing such obligation.
The obligations of Surety hereunder shall continue so long as any obligation of
Design-Builder remains. Nothing herein shall limit City’s rights or the Design-Builder or
Surety’s obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure section 337.15.
464
Contract No. ____________
167
Whenever Design-Builder shall be, and is declared by City to be, in default under
the Contract Documents, the Surety shall remedy the default pursuant to the Contract
Documents, or shall promptly, at City’s option:
(1) Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
(2) Obtain a Bid or Bids for completing the Project in accordance with all
terms and conditions in the Contract Documents and upon
determination by Surety of the lowest responsive and responsible
Bidder, arrange for a Contract between such Bidder, the Surety and
City, and make available as work progresses sufficient funds to pay
the cost of completion of the Project, less the balance of the Contract
price, including other costs and damages for which Surety may be
liable. The term “balance of the Contract price” as used in this
paragraph shall mean the total amount payable to Design-Builder by
City under the Contract and any modification thereto, less any amount
previously paid by City to the Design-Builder and any other set offs
pursuant to the Contract Documents.
(3) Permit City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the
Contract price, including other costs and damages for which Surety
may be liable. The term “balance of the Contract price” as used in
this paragraph shall mean the total amount payable to Design -Builder
by City under the Contract and any modification thereto, less any
amount previously paid by City to the Design-Builder and any other
set offs pursuant to the Contract Documents.
Surety expressly agrees that City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the
Design-Builder.
Surety shall not utilize Design-Builder in completing the Project nor shall Surety
accept a Bid from Design-Builder for completion of the Project if City, when declaring the
Design-Builder in default, notifies Surety of City’s objection to Design-Builder’s further
participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the
Project to be performed thereunder shall in any way affect its obligati ons on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
SIGNATURES ON FOLLOWING PAGE
465
Contract No. ____________
168
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______
day of ______________, 20__.
(Corporate Seal) Design-Builder
By:_____________________________
Printed Name: ____________________
Title: ___________________________
(Corporate Seal) Surety
By:_____________________________
Printed name: ____________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Design-Builder and Surety must be notarized and
evidence or corporate authority attached.
The rate of premium on this bond is ___________ per thousand. The total amount of
premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of
process in California, if different ___________________________________________
from above)
___________________________________________
(Telephone number of Surety and ___________________________________________
Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company
must be attached hereto.
466
Contract No. ____________
169
NOTE: This acknowledgment is to be completed for Design-Builder
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20__, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the fo regoing paragraph
is true and correct.
WITNESS my hand and official seal.
______________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
467
Contract No. ____________
170
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-
Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20__, before me, _______________________________, Notary Public,
personally appeared _____________________________ , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his /her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on
the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
________________________________________
Signer(s) Other Than Named Above
____________________________________
468
Contract No. ____________
171
Notary Acknowledgment
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
469
Contract No. ____________
172
ATTACHMENT 6
PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (“City”), by action taken or a resolution
passed ____________________, has awarded to ______________________,
hereinafter designated as the “Principal,” a contract for the work described as follows:
New Library Facility (“Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth
in the Contract Documents for the Project dated ____________________, (“Contract
Documents”), the terms and conditions of which are expressly incorporated by reference;
and
WHEREAS, said Principal is required to furnish a bond in connection with said
Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for
any materials, provisions, provender, equipment, or other supplies used in, upon, for or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for the
same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and
___________________________________ as Surety, are held and firmly bound unto
City in the penal sum of ___________ Dollars ($_________) lawful money of the United
States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay
any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials,
provisions or other supplies, used in, upon, for or about the performance of the Work
contracted to be done, or for any work or labor thereon of any kind, or amounts due under
the Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department or Franchise Tax Board from the wages of
employees of the Design-Builder and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such Work and labor the Surety or Sureties
will pay for the same, in an amount not exceeding the sum here in above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and
investigation expenses.
470
Contract No. ____________
173
This bond shall inure to the benefit of any of the persons named in Section 9100
of the Civil Code so as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of time
for performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of improvement
herein above described, or pertaining or relating to the furnishing of labor, materials, or
equipment therefore, nor by any change or modification of any terms of payment or
extension of the time for any payment pertaining or relating to any scheme or wor k of
improvement herein above described, nor by any rescission or attempted rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent
or subsequent in the bond attempting to limit the right of recovery of claima nts otherwise
entitled to recover under any such Contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and
that this bond be construed most strongly against the Surety and i n favor of all persons
for whose benefit such bond is given, and under no circumstances shall Surety be
released from liability to those for whose benefit such bond has been given, by reason of
any breach of Contract between the owner or City and original Design-Builder or on the
part of any obligee named in such bond, but the sole conditions of recovery shall be that
claimant is a person described in Section 9100 of the Civil Code, and has not been paid
the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions
of Sections 2819 and 2845 of the California Civil Code.
SIGNATURES ON FOLLOWING PAGE
471
Contract No. ____________
174
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____
day of _______, 20__.
(Corporate Seal) Design-Builder
By: _____________________________
Printed Name: ____________________
Title: ___________________________
(Corporate Seal) Surety By: _____________________________
Printed Name: ____________________
Attorney-in-Fact
(Attached Attorney-In-Fact Certificate)
Signatures of those signing for the Design-Builder and Surety must be notarized and
evidence of corporate authority attached. A Power-of-Attorney authorizing the person
signing on behalf of the Surety must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the
Surety must be attached hereto.
472
Contract No. ____________
175
Notary Acknowledgment
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
_________________________________________
____________________________________________
Signer(s) Other Than Named Above
473
Contract No. ____________
176
NOTE: This acknowledgment is to be completed for Design-Builder
474
Contract No. ____________
177
Notary Acknowledgment
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
____________________________________________
Signer(s) Other Than Named Above
475
Contract No. ____________
178
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power of
Attorney to local representatives of the bonding company must also be attached
476
Contract No. ____________
Attachment 7 – Sample GMP Amendment
179
ATTACHMENT 7
SAMPLE GMP AMENDMENT FOR PHASE 2 SERVICES
GMP AMENDMENT FOR PHASE 2 SERVICES
Project: NEW LIBRARY FACILITY
Contract _____________________
Date of Contract
GMP Effective Date:
This Guaranteed Maximum Price Amendment (“GMP Amendment”) is made and entered
into this ___ day of ____________, 20__ (“GMP Effective Date”), in accordance with and
subject to the terms and conditions set forth in the Progressive Design -Build Contract
(“Contract”) entered into by and between the City of Palm Desert (“City”) and
________________________ (“Design-Builder”) for the Project. Capitalized terms not
defined in this GMP Amendment shall have meanings given to them in the Contract.
RECITALS
WHEREAS, City and Design-Builder entered into the Contract with an Effective
Date of ________________ for the ___________________ (“Project”);
WHEREAS, the Contract permits City and Design-Builder to amend the Contract
upon the mutual agreement of the Parties;
WHEREAS, City and Design-Builder now desire to amend the Contract to finalize
and memorialize Phase 2 Work, a GMP for Phase 2, and other terms and conditions for
Phase 2 of the Project as more particularly described herein; and
WHEREAS, amending the Contract pursuant to this GMP Amendment will allow
the Project work described herein to commence in accordance with the terms and
conditions the Parties have agreed to as set forth below.
AGREEMENT
NOW, THEREFORE, in good and valuable consideration of the mutual promises
and covenants contained herein, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1. CONTRACT DOCUMENTS FOR PHASE 2.
This GMP Amendment shall be a Contract Document and is subject to all terms and
conditions of the Contract Documents. This GMP Amendment includes the following
477
Contract No. ____________
Attachment 7 – Sample GMP Amendment
180
documents attached hereto and incorporated by this reference:
Exhibit “A” – Phase 2 Special Conditions
Exhibit “B” – Phase 2 Scope of Work
Exhibit “C” – Breakdown of Phase 2 GMP
Exhibit “D” – GMP Schedule of Values
Exhibit “E” – List of Allowances
Exhibit “F” – Phase 2 CPM Schedule
2. PHASE 2 WORK AND GMP.
Design-Builder promises and agrees to furnish to City all labor, materials, tools,
equipment, services, and incidental and customary work necessary to fully and
adequately complete Phase 2 of the Project, and all portions thereof, as set forth in the
Contract Documents and this GMP, including, but not limited to, Exhibit “B”, for a GMP of
________________________. The components of the GMP are further described in
Exhibit “C” of this GMP Amendment. Unless otherwise stated in the Contract Documents
or any amendments thereto, including, but not limited, to Change Orders, the GMP shall
pay for all costs and expenses required to design and construct Phase 2 of the Project.
The compensation to be paid shall be limited to the GMP established pursuant to this
GMP Amendment, as the same may be adjusted under applicable provisions of the
Contract Documents and this GMP Amendment. To the extent Design -Builder’s cost to
complete the Phase 2 Work exceeds the GMP, as modified, Design -Builder shall bear
such costs in excess of the GMP without reimbursement or additional compensation from
City.
3. SCHEDULE OF VALUES.
The GMP shall be broken out in the Schedule of Values, attached hereto as Exhibit “D”,
and shall reflect all requirements of the Contract Documents.
4. PHASE 2 SCHEDULE.
Design-builder has provided a Phase 2 CPM Schedule for Phase 2 of the Project, as
accepted by City, which is attached hereto as Exhibit “F”. A monthly updated schedule
will be provided to City in accordance with the Contract Documents.
5. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES.
Design-Builder guarantees that it shall perform and complete all work necessary for Final
Completion of Phase 2 of the Project by the Guaranteed Completion Date of
_________________.
478
Contract No. ____________
Attachment 7 – Sample GMP Amendment
181
The Parties also agree that time is of the essence for all work Design -Builder must
perform to complete Phase 2 of the Project by the Guaranteed Completion Date. It is
hereby understood and agreed that City will suffer damages if the Work is not completed
by the Guaranteed Completion Date. It is further agreed that it is and will be difficult and/or
impossible to ascertain and determine the actual damage that City will sustain in the event
of and by reason of Design-Builder's delay in completing the Work beyond the
Guaranteed Completion Date. Accordingly, Design/Builder agrees that liquidated
damages will apply in the amount of One Thousand Four Hundred and 00/100 Dollars
($1,400.00) for each and every calendar day beyond the Guaranteed Completion
Date that Final Completion of the Project has not been achieved. It is hereby understood
and agreed that this amount is not a penalty. In the event any portion of the liquidated
damages that may become due is not paid to City, City may deduct that amount from any
money due or that may become due the Design-Builder under the Contract.
6. REQUIRED DOCUMENTATION FOR NOTICE TO PROCEED.
After the GMP Effective Date, City may issue a Notice to Proceed with the Phase 2 Work.
Design-Builder shall provide all of the fo llowing prior to the issuance of such Notice to
Proceed:
If not already provided, fully executed Payment and Performance Bonds in the
form required by the Contract.
Evidence of Insurance for Construction Work as required by the Contract.
Copies of all other certifications applicable to the Phase 2 Work as required by the
Contract.
7. EFFECTIVENESS/COUNTERPARTS.
This GMP Amendment shall only be effective upon the execution by both City and Design -
Builder. This GMP Amendment may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
8. SCOPE OF GMP AMENDMENT.
This GMP Amendment shall affect only the items specifically set forth herein, and all
other terms and conditions of the Contract, as written shall remain in full force and
effect.
SIGNATURES ON FOLLOWING PAGE
479
Contract No. ____________
Attachment 7 – Sample GMP Amendment
182
SIGNATURE PAGE TO GMP AMENDMENT
BY AND BETWEEN CITY OF PALM DESERT
AND ____________________
IN WITNESS WHEREOF, the Parties hereby execute this GMP Amendment as of
the GMP Effective Date.
CITY OF PALM DESERT
480
Contract No. ____________
Attachment 7 – Sample GMP Amendment
183
481
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “A”
184
EXHIBIT “A”
PHASE 2 SPECIAL CONDITIONS
482
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “B”
185
EXHIBIT “B”
PHASE 2 SCOPE OF WORK
483
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “C”
186
EXHIBIT “C”
SAMPLE BREAKDOWN OF PHASE 2 GMP
A DETAILED GMP TABLE
B Item C Component D Percentage E Amount
FCOSTS TO PERFORM WORK & GENERAL CONDITIONS
H Completion of Design Work
for Project I J
L Direct Costs M N
General Conditions Q R
T Subcontractor
Construction Cost U V
W (E) X SUBTOTAL OF COSTS TO PERFORM WORK
& GENERAL CONDITIONS Y
Z MARK-UPS
BB Bonds DD
FF Insurance GG HH
JJ Design-Builder’s Fee
(E)LL MM
NN (I) OO TOTAL MARK-UPS PP
QQ CONTINGENCY / ALLOWANCES
SS Contingency UU VV
484
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “C”
187
XX Allowance(s)
ZZ AAA
BBB (L) CCCTOTAL CONTINGENCIES & ALLOWANCES DDD
EEE FFFTOTAL GMP(E) + (I) + (L) GGG
485
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “D”
188
EXHIBIT “D”
GMP SCHEDULE OF VALUES
486
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “E”
189
EXHIBIT “E”
LIST OF ALLOWANCES
487
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “F”
190
EXHIBIT “F”
PHASE 2 CPM SCHEDULE
488
Contract No. ____________
ECP Amendment
1
72500.00001\44352978.1
DRAFT
EARLY CONSTRUCTION PACKAGE AMENDMENT NO.1
Project: NEW LIBRARY FACILITY
Contract # ___________________
Date of Contract
ECP Effective Date:
This Early Construction Package Amendment No. 1 (“ECP Amendment No. 1”) is made
and entered into this ___ day of ____________, 20__ (“ECP No. 1 Effective Date”), in
accordance with and subject to the terms and conditions set forth in the Progressive
Design-Build Contract (“Contract”) entered into by and between the City of Palm Desert
(“City”) and Tilden-Coil Constructors, Inc. (“Design-Builder”) for the Project. Capitalized
terms not defined in this ECP Amendment No. 1 shall have meanings given to them in
the Contract.
RECITALS
WHEREAS, City and Design-Builder entered into the Contract with an Effective
Date of November 13, 2025 for the New Library Facility (“Project”);
WHEREAS, the Contract permits City and Design-Builder to amend the Contract
upon the mutual agreement of the Parties;
WHEREAS, City and Design-Builder now desire to amend the Contract to finalize
and memorialize the Work, pricing, and schedule for this Early Construction Package
(“ECP No. 1”) along with other terms and conditions for this ECP No. 1 as more
particularly described herein; and
WHEREAS, amending the Contract pursuant to this ECP Amendment No. 1 will
allow the Project work described herein to commence in accordance with the terms and
conditions the Parties have agreed to as set forth below.
AGREEMENT
NOW, THEREFORE, in good and valuable consideration of the mutual promises
and covenants contained herein, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1. CONTRACT DOCUMENTS FOR EARLY CONSTRUCTION PACKAGE.
This ECP Amendment No. 1 shall be a Contract Document and is subject to all terms and
conditions of the Contract Documents. This ECP Amendment No. 1 includes the following
489
Contract No. ____________
ECP Amendment
2
72500.00001\44352978.1
documents attached hereto and incorporated by this reference:
Exhibit “A” – ECP No. 1 Special Conditions
Exhibit “B” – ECP No. 1 Scope of Work
Exhibit “C” – Breakdown of ECP No. 1 Fee
Exhibit “D” – ECP No. 1 Schedule
Exhibit “E” – Special Events Schedule
Exhibit “F” – Site Boundary and Parking Area Definition
Exhibit “G” – Hazardous Materials Survey
Exhibit “H” – Demolition Plans
2. EARLY CONSTRUCTION PACKAGE WORK.
Design-Builder promises and agrees to furnish to City all labor, materials, tools,
equipment, services, and incidental and customary work necessary to fully and
adequately complete ECP No. 1, and all portions thereof, as set forth in the Contract
Documents and this ECP Amendment No. 1, including, but not limited to, Exhibit “B”, for
a fee of One Million Three Hundred Twenty-Six Thousand Seven Hundred Thirty-
Two Dollars ($1,326,732) (“ECP No. 1 Fee”). The schedule of values of the ECP No. 1
Fee are further described in Exhibit “C” of this ECP Amendment No. 1. Unless otherwise
stated in the Contract Documents or any amendments thereto, including, but not limited,
to Change Orders, the ECP No. Fee shall cover all costs and expenses required to
complete ECP No. 1.
The compensation to be paid shall be limited to the ECP No. 1 Fee established pursuant
to this ECP Amendment No. 1, as the same may be adjusted under applicable provisions
of the Contract Documents and this ECP Amendment No. 1. To the extent Design -
Builder’s cost to complete ECP No. 1 exceeds the ECP No.1 Fee, as modified, Design -
Builder shall bear such costs in excess of the ECP No. 1 Fee without reimbursement or
additional compensation from City.
3. EARLY CONSTRUCTION PACKAGE SCHEDULE.
Design-builder has provided a preliminary schedule for ECP No. 1, which is attached
hereto as Exhibit “D”. A Critical Path Method (CPM) Schedule for ECP No. 1 is required
prior to issuance of Notice to Proceed for ECP No. 1. A 3 -week look-ahead schedule will
be provided weekly and an updated CPM Schedule for ECP No. 1 will be provided
monthly to the City in accordance with the Contract Documents
4. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES.
490
Contract No. ____________
ECP Amendment
3
72500.00001\44352978.1
Design-Builder guarantees that it shall perform and complete all work necessary for
completion of ECP No. 1 by the Milestone Date referenced in the Notice to Proceed.
The Parties also agree that time is of the essence for all work Design -Builder must
perform to complete ECP No. 1 by the Milestone Date. It is hereby understood and agreed
that City will suffer damages if the Work is not completed by the Milestone Date. It is
further agreed that it is and will be difficult and/or impossible to ascertain and determine
the actual damage that City will sustain in the event of and by reason of Design -Builder's
delay in completing ECP No. 1 beyond the Milestone Date. Accordingly, Desi gn-Builder
agrees that liquidated damages will apply in the amount of One Thousand Four
Hundred and 00/100 Dollars ($1,400.00) for each and every calendar day beyond
the Milestone Date that Final Completion of ECP No. 1 has not been achieved. It is
hereby understood and agreed that this amount is not a penalty. In the event any portion
of the liquidated damages that may become due is not paid to City, City may deduct that
amount from any money due or that may become due the Design -Builder under the
Contract.
5. REQUIRED DOCUMENTATION FOR NOTICE TO PROCEED.
After the ECP No. 1 Effective Date, City may issue a Notice to Proceed with ECP No. 1.
Design-Builder shall provide all of the following prior to the issuance of such Notice to
Proceed:
If not already provided, fully executed Payment and Performance Bonds in the
form required by the Contract.
Evidence of Insurance for Construction Work as required by the Contract.
Copies of all other certifications applicable to ECP No. 1 as required by the
Contract.
Critical Path Method (CPM) Schedule for ECP No. 1, as accepted by City
6. EFFECTIVENESS/COUNTERPARTS.
This ECP Amendment NO. 1 shall only be effective upon the execution by both City and
Design-Builder. This ECP Amendment No. 1 may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
7. SCOPE OF ECP AMENDMENT.
This ECP Amendment No. 1 shall affect only the items specifically set forth herein, and
all other terms and conditions of the Contract, as written shall remain in full force and
effect.
SIGNATURES ON FOLLOWING PAGE
491
Contract No. ____________
ECP Amendment
4
72500.00001\44352978.1
SIGNATURE PAGE TO ECP AMENDMENT NO. 1
BY AND BETWEEN CITY OF PALM DESERT
AND TILDEN-COIL CONSTRUCTORS, INC.
IN WITNESS WHEREOF, the Parties hereby execute this ECP Amendment No. 1
as of the ECP No. 1 Effective Date.
CITY OF PALM DESERT
TILDEN-COIL CONSTRUCTORS, INC.,
AN S CORPORATION
–
Contractor’s License Number and
492
Contract No. ____________
ECP Amendment - Exhibit “A”
5
72500.00001\44352978.1
EXHIBIT “A”
EARLY CONSTRUCTION PACKAGE NO. 1 SPECIAL CONDITIONS
Special Conditions will be incorporated prior to execution.
493
Contract No. ____________
ECP Amendment - Exhibit “B”
6
72500.00001\44352978.1
EXHIBIT “B”
EARLY CONSTRUCTION PACKAGE NO. 1 SCOPE OF WORK
1. Permitting and Support
Identify and obtain all necessary permits and approvals required for project
execution and supporting the preparation and submission of permi t applications.
This includes:
A. Regulatory pathway analysis and timeline development.
B. Coordination with permitting agencies to clarify requirements and
expectations.
C. Preparation of supporting documentation and responses to agency
comments.
2. Site Preparation Activities
A. Includes demolition, abatement, and site preparation work necessary to
prepare the site for full construction. These activities may involve removal of
existing structures, hazardous materials management, utility coordination,
and grading.
3. Abatement
Based on the City’s environmental survey, hazardous materials such as
asbestos, lead, or contaminated soils may be present. If identified, the Contractor
shall:
A. Conduct environmental testing and reporting
B. Develop abatement plans in compliance with all applicable regulations
C. Coordinate with certified remediation subcontractors
4. Demolition
Removal of existing buildings, associated infrastructure, and surface features per
the Exhibit “G” - Demolition Package. Scope includes:
A. Structural assessments and sequencing plans
B. Salvage and recycling of reusable materials
C. Implementation of dust, noise, and vibration mitigation measures
5. Site Clearing & Grading
Removal of vegetation, debris, and surface obstructions, followed by grading to
494
Contract No. ____________
ECP Amendment - Exhibit “B”
7
72500.00001\44352978.1
establish proper drainage and elevation profiles in alignment with the proposed
building design.
6. Utility Coordination
Identification, protection, relocation, or disconnection of existing utilities in
coordination with service providers. Tasks include:
A. Utility mapping and verification
B. Scheduling of service interruptions or relocations
C. Installation of temporary utilities as needed for construction
7. Site Access & Logistics Planning
Establishment of construction access routes, staging areas, and perimeter
fencing to secure the site and support efficient construction operations.
A. The Design-Builder shall provide a three-week lookahead schedule weekly for
the City’s review.
8. Site Coordination
Manage and coordinate construction activities around ongoing site uses,
including:
a. Parking operations with City partners to remain open throughout construction,
as further described in Exhibit “F”
b. Park maintenance and public access, as further described in Exhibit “F”
c. Concerts and special events, as further described in Exhibit “E”
9. Safety, Quality Assurance & Control
Implement procedures to ensure construction meets design intent and standards,
along with providing regular safety reports.
10. Construction Execution
Conducting all construction activities in accordance with the approved plans,
schedule, and budget along with providing regular updates to the City.
11. Project Delivery & Closeout
Managing all aspects of construction to ensure timely, on-budget, and high-
quality completion of the project. Final inspections, commissioning, and turnover
to the City.
495
Contract No. ____________
ECP Amendment - Exhibit “C”
8
72500.00001\44352978.1
EXHIBIT “C”
EARLY CONSTRUCTION PACKAGE NO. 1 FEE
496
Contract No. ____________
ECP Amendment - Exhibit “D”
9
72500.00001\44352978.1
EXHIBIT “D”
EARLY CONSTRUCTION PACKAGE NO. 1 SCHEDULE
497
Contract No. ____________
ECP Amendment - Exhibit “E”
10
72500.00001\44352978.1
EXHIBIT “E”
SPECIAL EVENTS SCHEDULE
City Produced events:
May and October Concerts in the Park (Thursday evenings)
4th of July
Veterans Day event in the park
Shredding & E-Waste events – 2-day events in May, September & November
o These take place closer to the skatepark side of the parking lot
City Sponsored events:
Palm Desert Half Marathon and 5K – February 15, 2026
Wildflower Fest – March 7, 2026
“For the Health of It” Health Fair – February 2026
Civic Center Park rentals that are reserved through the Desert Recreation District,
including but not limited to:
Desert Recreation Districts “Eggstravaganza” – Easter event
Holocaust Memorial (January)
Riverside County’s Violent Crime Victim Vigil (April)
Filipino Vendor Market (Early May)
Suicide Prevention Walk – October (exact date TBD)
Alzheimer’s Walk (Early November exact date TBD)
NAMI walk (early November exact date TBD)
Water Lantern Festival (mid-late November exact date TBD)
American Heart Association Heart Walk (early December exact date TBD)
Winterfest (early to mid-December exact date TBD
498
PALM DESERT
NEW LIBRARY
77711 Flora Road, Suite #201
Palm Desert, CA 92211
(760) 423-2904
tpalmieri@tilden-coil.com
Progressive Design-Build Services
499
77711 Flora Rd #201 | Palm Desert, CA 92211 | T. 760.423.2904 www.tilden-coil.com | License #208556
Revised October 28, 2025
City of Palm Desert
Staci Kolbeck, Management Analyst
73-510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Proposal for Progressive Design-Build Services — New Palm Desert Library
Dear Ms. Kolbeck and Selection Committee Members,
Tilden-Coil Constructors, in partnership with Holt Architecture, is pleased to submit our proposal to provide Progressive Design-
Build services for the new Palm Desert Library. Our team brings the combined strength of decades of collaboration, deep roots in
the Coachella Valley, and a proven record of delivering successful civic projects for the City of Palm Desert.
With an established Palm Desert office located just minutes from the project, our team is uniquely positioned to respond quickly,
coordinate effectively, and stay closely connected throughout the life of this project. We have had the privilege of serving the
City recently through the Palm Desert City Hall Lobby Remodel Design-Build project and the Desert Recreation District (DRD)
Community Center Renovation, both within the same civic center complex as the proposed library. These experiences provide our
team with invaluable insight into the site’s logistics, utilities, event coordination, and ongoing City operations. This knowledge will
translate directly into a smoother, safer, and more efficient delivery for the new library.
Our partnership with Holt Architecture has produced 22 projects totaling $316 million, including five libraries and five progressive
design-build projects, two of which were completed within the past year. Together, we understand the balance between vision,
function, and fiscal discipline that makes civic projects successful.
We recognize the importance of this library to Palm Desert, not just as a building, but as a community hub and lasting civic
investment. Our team’s approach is centered on transparency, collaboration, and alignment with the City’s goals from day one.
Experience you trust. Partnership you feel. Results you see.
This is more than a tag line, it defines who we are and how we work. We look forward to the opportunity to continue our partnership
with the City of Palm Desert and to deliver a library that reflects the excellence and pride of this community.
Sincerely,
Dayne Brassard
President and CEO
Tilden-Coil Constructors, Inc.
Building with Integrity Since 1938
We acknowledge the receipt al all addenda (1-8) and notices through the date of this proposal.
Bryant Ismerio
Project Executive
Tilden-Coil Constructors, Inc.
Building with Integrity Since 1938
500
CONSTRUCTION MANAGEMENT SERVICES
Tilden-Coil Constructors, Inc.
Table of Contents
Cover Letter
Table of Contents
Executive Summary 1
Proposer Information 2
Proposer Experience and References 3
Project Team and Key Personnel 14
Project Understanding and Approach 25
Appendices:
7.3 Legal Entity 37
7.4 Financial Statement 38
7.5 Licenses, Registration and Credentials 39
7.6 Bonding Capacity 41
7.7 Insurance 44
7.8 Worker Safety Program 45
7.9 Acceptable Safety Record 45
7.10 Fee and Rate Proposal 47
7.11 Proposal Forms and Attachments 50
Proposal Acknowledgement
The Proposal is 26 pages exclusive of the cover letter, table of contents,
front and back covers, title pages/separation tabs, resumes and
appendices.
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1Tilden-Coil Constructors + Holt Architecture
Why Our Team
Tilden-Coil Constructors and Holt Architecture bring a proven, long-term partnership rooted in decades of successful collaboration across
the Coachella Valley. Together, we have delivered 22 projects totaling $316 million, including five libraries and four progressive
design-build projects, two of which were completed within the past year. Our Palm Desert-based team understands this community, its
expectations, and the realities of building in the desert climate. We have built for the City of Palm Desert, the Desert Recreation District,
and other local public agencies, establishing the trust, communication, and responsiveness that this project demands. Our relationships
with local permitting agencies allow us to navigate regional processes efficiently, minimizing risk and accelerating delivery.
What is unique about our design-build team:
• Recent successful progressive-Design-Build library experience
• Local presence with offices in Palm Desert and La Quinta
• Local expertise serving the Coachella Valley and relationships with agencies
• Proven partnership and history serving the City of Palm Desert
• Our proven ability to quickly optimize the design to meet the City’s goals
The Path Forward
Upon review of the current design documents prepared by the City’s design consultant, it is apparent that the current design does not
honor the City’s stated budget constraints. We feel this design and budget misalignment can be solved through a collaborative effort
facilitated by the progressive design-build approach. Our team thrives in this scenario; bringing experience, collaboration, and data-
driven solutions to realign design, scope, and cost. Following award, we will initiate an immediate goal alignment workshop with City
stakeholders to confirm objectives and present design optimization strategies that preserve quality while maintaining the fast-track
schedule.
Early design optimizations may include refining the scale and materiality of the canopies, simplifying structural systems, adjusting
bay geometry for efficiency, and exploring passive strategies such as building orientation and shade performance to reduce cost and
operational load. These changes preserve design intent, improve constructability, and bring the project back within the City’s financial
framework.
Palm Desert deserves certainty, a partner who has done it before, here, and with proven results. With our unmatched local expertise,
trusted design-build partnership, and record of success across the Coachella Valley, Tilden-Coil and Holt are the only team fully prepared
to deliver this project with confidence, clarity, and care.
Experience you trust. Partnership you feel. Results you see.
Executive Summary
Experience You Trust. Partnership You Feel. Results You See.
For Palm Desert, these are more than words, they represent our
commitment to build a library that embodies the City’s vision and
stands as a lasting civic legacy.
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2Tilden-Coil Constructors + Holt Architecture
Proposer Information
Quality performance to the highest professional standards.
Our design-build team is lead by Tilden-Coil Constructors, Inc. as the lead contractor and design-builder and Holt Architecture as the
lead design firm.
Tilden-Coil Constructors is a Southern California-based general contractor with a proud history of excellence spanning more
than eight decades. Founded in 1938, the firm has built a strong legacy of delivering complex civic, educational, and community
facilities throughout the Inland Empire and Coachella Valley. With an established Palm Desert office, Tilden-Coil has been deeply
rooted in the desert region for decades, serving as a trusted partner to public agencies and municipalities across Riverside County.
The company is a recognized leader in the progressive design-build delivery model, combining integrated design management
with hands-on construction expertise. Tilden-Coil’s long-standing partnership with Holt Architecture has produced numerous
successful design-build projects in the Coachella Valley, including award-winning libraries and civic buildings that reflect the
character and needs of the local community.
Holt Architecture offers two distinct advantages over our competition. First, every client and project is paired with a Principal
who serves as the day-to-day point of contact from start to finish, ensuring your project benefits from the highest levels of
experience, accountability, and value. Second, our firm is built to be a service-based company that provides architectural services.
By that we mean that we offer a higher level of client service first coupled with our experience and expertise as architects. We will
tailor our service-model and project development processes to fit the form, needs, and requirements of you as our client, not the
other way around.
Together, Tilden-Coil and Holt Architecture have partnered on 22 projects, totalling $316 million dollars. This includes the following
shared projects:
• 5 Progressive Design-Build projects
• 5 Libraries completed
• 2 Progressive Design-Build Libraries
• 10 Projects in the Coachella Valley
This long-standing partnership is defined by shared accountability, innovation, and result. We are a team that knows how to turn complex
public projects into community landmarks, balancing design excellence with constructability and cost certainty every time.
Discipline Company
Years in
Business License Offices Employees
Design-Builder Tilden-Coil Constructors, Inc.86 #208556, A, B
Palm Desert
Riverside (Headquarters)
El Segundo
185 Professional
Architect Holt Architecture 40 #C 31626 (T. Howell)Riverside
La Quinta 10 Professional
Engineer of Record
(Structural)Wiseman+Rohy Structural Engineers 48 CA #S-4341 San Diego 13 Professional
*See Appendix for licenses
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3Tilden-Coil Constructors + Holt Architecture
Proposer Experience and References
Tilden-Coil and Holt Architecture have extensive experience
together including 22 projects.
Shared Experience
The Tilden-Coil and Holt Architecture teams work seamlessly together, and this experience and our comfort level working as a team
allows us to serve our clients successfully. Below are a list of our projects we have worked on or are currently working on together:
1. Lakeland Village Library (Progressive DB)
2. Calimesa Library (Progressive DB)
3. Nuview Library Replacement
4. Indio New City Hall and Library
5. Riverside County Law Library Renovation
6. Olivewood Mausoleum
7. Roy’s Desert Resource Center Remodel
8. RCCD BCTC Platform
9. Twentynine Palms Community Center
10. Indio Public Safety Campus
11. Riverside County Fire Station 41 (Progressive DB)
12. Luckie Pool Replacement
13. Palm Desert Lobby Remodel (Progressive DB)
14. DRD Palm Desert Community Center
15. Redlands Public Safety Hall
16. Indio Police Department Headquarters
17. County of Riverside Fire Station 49 (Design-Build)
18. Promontory Development Palm Desert*
19. 851 E. Cooley Drive, County of San Bernardino*
20. Law Offices for Public Defender, County of Riverside*
21. Probation Administration, County of Riverside*
22. Ontario Police Department, City of Ontario*
*Tilden-Coil provided design support/preconstruction services (no
construction)
Pictured: Calimesa Library
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4Tilden-Coil Constructors + Holt Architecture
Designer of Record: Holt Architecture
A. Progressive design-build or design-build experience with
at least three (3) projects similar to the Project in size, scope,
type, complexity, environmental climate, and cost to the Project
within the last ten (10) years.
1. Lakeland Village Branch Library (Progressive Design-Build) -
Profile Attached
2. Calimesa Branch Library (Progressive Design-Build) - Profile
Attached
3. Fire Station 49 (Progressive Design-Build) - Profile Attached
4. Nuview Library - Profile Attached
5. City of Indio Library - Profile Attached
B. Experience working with the General Contractor and or
Engineer of Record included in the Proposer team is preferred
but not required.
1. 22 projects, totalling $316 million dollars (including all projects
listed above)
C. Experience obtaining the permits and regulatory approvals
required for the Project.
1. Tilden-Coil Constructors and Holt Architecture have extensive
experience navigating local, regional, and state permitting
and approval processes for public facilities in Palm Desert and
throughout the Coachella Valley. Our team has successfully
secured required entitlements, permits, and agency approvals
for dozens of local projects including six for the City of Palm
Desert. We maintain strong working relationships with City
departments, the Coachella Valley Water District, Desert
Community Energy, SCE and Riverside County agencies,
ensuring an efficient, coordinated approach to all regulatory
submissions and approvals.
D. Required California licenses, including a valid California
architectural license and experience working with California
Title 24 Building Standards Code.
1. Holt Architecture holds a valid California architectural license
and has extensive experience designing public facilities in full
compliance with the California Building Standards Code (Title
24). Together, our team has successfully delivered numerous
public Design-Build projects across Southern California that
meet or exceed Title 24 energy and accessibility requirements,
including recent projects for the City of Palm Desert and the
Desert Recreation District.
Engineer of Record: W+R Structural Engineers
A. Licensed in the State of California and authorized to prepare,
sign, and seal engineering documents.
1. W+R Structural Engineers is licensed in the State of California
and is authorized to sign, and seal engineering documents.
B. Progressive design-build or design-build experience with at
least three (3) projects similar in size, scope, type, complexity,
and cost to the Project within the last ten (10) years.
2. Lakeland Village Branch Library (Progressive Design-Build) -
Profile Attached
3. Calimesa Branch Library (Progressive Design-Build) - Profile
Attached
4. Fire Station 49 (Progressive Design-Build) - Profile Attached
C. Experience working with the General Contractor and or
Designer of Record included in the Proposer team is preferred
but not required.
1. Lakeland Village Branch Library (Progressive Design-Build) -
Profile Attached
2. Calimesa Branch Library (Progressive Design-Build) - Profile
Attached
3. Fire Station 49 (Progressive Design-Build) - Profile Attached
D. Experience with permitting and regulatory compliance
relevant to civil, structural, MEP, or other applicable engineering
disciplines for projects of similar scale.
1. Lakeland Village Branch Library (Progressive Design-Build) -
Profile Attached
2. Calimesa Branch Library (Progressive Design-Build) - Profile
Attached
3. Fire Station 49 (Progressive Design-Build) - Profile Attached
E. Required California licenses, including all valid California
engineering licenses and experience working with the California
Title 24 Building Standards Code.
1. W+R (Steve Rohy) is a registered CA Structural Engineer and
has extensive experience designing public facilities in full
compliance with the California Building Standards Code (Title
24).
Experience Summary
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5Tilden-Coil Constructors + Holt Architecture
General Contractor: Tilden-Coil Constructors, Inc.
A. Contractor (“GC”) must possess a Class B General Building
Contractor license from the California Contractors State License
Board (“CSLB”).
1. Tilden-Coil Constructors Holds a valid CA contractor’s license
(208556 A, B).
B. Experience managing design and construction in active public
environments, including coordination with ongoing operations
such as parking, park activities, and events.
1. We have extensive experience constructing projects in active
public environments including two recently completed
projects that were completed in the exact same active public
environment as the new library (Civic Center); the Palm Desert
City Hall Lobby Remodel and the Desert Recreation District
Community Center.
C. Progressive design-build or design-build experience with at
least three (3) projects similar in size, scope, type, complexity,
and cost to the Project within the last ten (10) years.
1. Lakeland Village Branch Library (Progressive Design-Build) -
Profile Attached
2. Calimesa Branch Library (Progressive Design-Build) - Profile
Attached
3. Fire Station 49 (Progressive Design-Build) - Profile Attached
4. Palm Desert Lobby Remodel (Design-Build) - Profile Attached
5. Crafton Hills College Instructional Building (Progressive
Design-Build) - Profile Attached
D. Experience with demolishing and abating projects similar
to the Project in size, scope, type, environmental climate,
complexity, site clearance, and/or complex site reconfiguration
for new construction, and cost to the Project.
1. Crafton Hills College Instructional Building (Progressive
Design-Build) - Profile Attached
2. Indio Public Safety Campus - Profile Attached
3. Indio City Hall and Library - Profile Attached
4. Palm Springs Navigation Center - Profile Attached
Experience working with the Engineer of Record and or Designer
of Record included in the Proposer team is preferred, but not
required.
1. Tilden-Coil and Holt have partnered on 22 projects, totalling
$316 million dollars.
Ability to meet the City’s insurance and bonding requirements,
as outlined in Sections(s) 7.6 & 7.7 of this RFP
1. Tilden-Coil has the ability to meet the City’s insurance and
bonding requirements, as outlined in Sections(s) 7.6 & 7.7 of
this RFP.
Pictured: Indio Public Safety Campus
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6Tilden-Coil Constructors + Holt Architecture
Project Description
Delivered through a progressive design-build approach that
fostered collaboration and innovation, the new Calimesa Library
emerged as a 5,500 sf community hub with a welcoming ranch-style
design. The project added two study rooms, a versatile multipurpose
room for workshops and activities, modern furniture, new shelving,
upgraded technology, and a significantly expanded book collection
— creating a dynamic space designed to serve Calimesa for years to
come.
CALIMESA LIBRARY
County of Riverside
Team | Tilden-Coil, Holt Architecture, W+R Engineers
Location | Calimesa, CA
Size | 5,500 sf
Delivery Method | Progressive Design-Build
Initial Value | $11.1 Million
Final Value | $11 Million
Completed | May 2025
Owner Contact
Erik Sydow, Development Manager
Riverside County Office of Economic Development
E-mail: esydow@rivco.org | (951) 955-9021
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7Tilden-Coil Constructors + Holt Architecture
Project Description
Through a progressive design-build delivery, the Lakeland Village
project delivered a brand-new 8,000-square-foot library designed to
serve the community with modern amenities. The state-of-the-art
facility introduced public computers, tech stations, maker spaces,
study rooms, a dedicated children’s area, and welcoming spaces for
people of all ages to learn, create, and connect.
LAKELAND VILLAGE LIBRARY
County of Riverside
Team | Tilden-Coil, Holt Architecture, W+R Engineers
Location | Lake Elsinore, CA
Size | 8,000 sf
Delivery Method | Progressive Design-Build
Initial Value | $8.2 Million
Final Value | $8 Million
Completed | October 2025
Owner Contact
Erik Sydow, Development Manager
Riverside County Office of Economic Development
E-mail: esydow@rivco.org | (951) 955-9021
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8Tilden-Coil Constructors + Holt Architecture
Project Description
Situated in the Southeastern Coachella Valley of Riverside County on
the banks of the Salton Sea, North Shore Fire Station 41 is a testament
to excellence and longevity in the unyielding and harsh climates of
the Mojave Desert. The new station is a modern mid-century design,
with hints of the community’s historical past interwoven and energy
efficiency as one of the main goals. The building is intended to last in
excess of 50 years of operation. Building materials for the project were
selected for their resistance to high temperatures and harsh climates,
as the thermometer often surpasses one hundred and twenty degrees
in the summer.
MECCA FIRE STATION 41
County of Riverside
Team | Tilden-Coil, Holt Architecture, W+R Engineers
Location | Mecca, CA
Size | 7,550 sf
Delivery Method | Progressive Design-Build
Initial Value | $9.7 Million
Final Value | $9.1 Million
Completed | November 2023
Owner Contact
Erik Sydow, Development Manager
Riverside County Office of Economic Development
E-mail: esydow@rivco.org | (951) 955-9021
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9Tilden-Coil Constructors + Holt Architecture
Project Description
The project includes site utilities, site improvements and construction
of a new 3,782 sf wood framed craftsman style single story building.
The new library includes a service desk, a public meeting room,
children’s library, young adult services, technological stations, area for
a marketplace, branch managers office, staff work room, and a break
lounge as well as areas for fiction and non-fiction books.
NUVIEW LIBRARY REPLACEMENT
County of Riverside
Team | Tilden-Coil + Holt Architecture
Location | Nuevo, CA
Size | 3,782 sf
Delivery Method | CM Multi-Prime
Initial Value | $3.4 Million
Final Value | $3.3 Million
Completed | December 2018
Owner Contact
Rebecca McCray
Deputy Director of Project Management Office
rmccray@rivco.org | (951) 955-8764
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10Tilden-Coil Constructors + Holt Architecture
Project Description
The Indio Downtown Library project is a key component of the city’s
revitalization efforts, bringing a modern 23,000 sf facility to the heart
of the community.
Designed to replace the current library, the new building will feature
flexible meeting rooms, dedicated children’s and teen spaces, state-
of-the-art technology, and expanded collections to meet the needs
of Indio’s growing population. Serving as an educational and cultural
hub, the library will provide versatile spaces for learning, collaboration,
and events, fostering community engagement while supporting
downtown’s economic growth.
*Values include the City Hall and Library which were a single contract/
project.
INDIO CITY HALL AND LIBRARY
City of Indio
Team | Tilden-Coil + Holt Architecture
Location | Indio, CA
Size | 44,000 sf (7,900 sf Library)
Delivery Method | CM Multi-Prime
Initial Value | 43 Million ($9.2 Million Library)
Final Value | $42.5 Million ($9.2 Million Library)
Completed | October 2025 (Library)
Owner Contact
Bryan Montgomery
City Manager
bmontgomery@indio.org | (925) 787-8454
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11Tilden-Coil Constructors + Holt Architecture
Project Description
The new BL9 Instructional Building will provide flexible spaces for
active learning classrooms and will house the Visual Arts Program,
including art studios, a gallery, and supporting facilities. Envisioned as
a two-story, 30,000-square-foot building, it will occupy the former site
of the BL9 Finkelstein Performing Arts Center (PAC) with direct access
from the Main Quad level.
In addition to instructional spaces, the facility will include a centralized
tutoring center, placing academic support close to classrooms at
the heart of campus. The design also integrates indoor and outdoor
student gathering areas, creating a vibrant hub for learning, creativity,
and community on campus. Aligned with the College’s vision to foster
a culture of the arts, the building will feature both permanent and
temporary art display spaces that celebrate student and faculty work.
NEW INSTRUCTIONAL BUILDING
Crafton Hills College
Team | Tilden-Coil
Location | Yucaipa, CA
Size | 44,000 sf
Delivery Method | Progressive Design-Build
Initial Value | $42 Million
Final Value | $42 Million (in progress)
Completed | In Progress
Owner Contact
Mike Strong
VP Administrative Services
mstrong@craftonhills.edu | (909) 206-8445
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12Tilden-Coil Constructors + Holt Architecture
Project Description
The project encompassed the design and construction of
comprehensive improvements to the City’s Development Services
lobby and adjacent areas. The scope included demolition and
replacement of existing countertops, addition of customer service
stations, installation of new flooring and finishes, construction of offices
and partition walls, and integration of access-controlled doors. Work
also involved reconfiguring office furniture systems, upgrading low-
voltage infrastructure, and ensuring full ADA compliance. The result is
a modern, efficient, and customer-focused service environment that
enhances both functionality and the overall visitor experience.
*Tilden-Coil and STK Architecture were the design-build team for the
project, and Holt Architecture was a consultant for the City of Palm
PALM DESERT LOBBY REMODEL
City of Palm Desert
Team | Tilden-Coil + Holt Architecture
Location | Palm Desert, CA
Size | 4,000 sf
Delivery Method | Progressive Design-Build
Initial Value | $1.94 Million
Final Value | $1.99 Million
Completed | September 2023
Owner Contact
Lucero Leyva
Senior Project Manager
lleyva@palmdesert.gov | (760) 346-0611 x465
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13Tilden-Coil Constructors + Holt Architecture
Project Description
The Palm Desert community has received a significant upgrade to its
beloved community center, transforming the existing 19,700 SF facility
with an additional 800 SF to the lobby and an expanded activity room. This
renovation introduces fresh finishes to existing amenities, enhancing the
overall aesthetic and functionality. New additions include an exercise room
and a modern reception area, designed to serve the community’s evolving
needs for years to come.
Externally, the center boasts an updated facade that modernizes its
appearance while new hardscaping and landscaping around the entrance
create a more welcoming and open environment. These enhancements
not only improve the aesthetics but also the community’s interaction with
the space, ensuring that the Palm Desert Community Center continues to
be a central hub for social, educational, and recreational activities, fostering
community spirit for all who enter.
PALM DESERT COMMUNITY CENTER
Desert Recreation District
Team | Tilden-Coil + Holt Architecture
Location | Palm Desert, CA
Size | 20,500 sf
Delivery Method | CM Multi-Prime
Initial Value | $6.5 Million
Final Value | $7.2 Million
Completed | January 2025
Owner Contact
Troy Strange
Director of Planning and Public Works
tstrange@drd.us.com | (760) 347-3484 x107
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14Tilden-Coil Constructors + Holt Architecture
Project Team and Key Personnel
Team Structure
Note: This organizational
chart only identifies
positions/organizations that
have a supporting resume
on the following page and
does not identify all positions
that will be required for the
project.
Other Design Consultants
1. Civil: VCA Engineers, Inc.
2. MEPF, Commissioning, and Technology: P2S
3. Landscape Architect: Community Works Design Group
Molly McMillan
Project Manager
Tilden-Coil
Matt Acton
Principal/Project Architect
Holt Architecture
Bryant Ismerio
Project Executive
Tilden-Coil
Jeff Rae
Project Superintendent
Tilden-Coil
Jarrod Baumann
BIM Manager
Tilden-Coil
Steve Rohy
Principal in Charge
Wiseman+Rohy Engineers
Tom Howell
Prinicpal
Holt Architecture
Jason Howarth
Precon. Director
Tilden-Coil DBIA Assoc.
Robert Krzyszkowski
Production Director
Tilden-Coil
Quann Kizer
Safety Director
Tilden-Coil
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15Tilden-Coil Constructors + Holt Architecture
Project / Client Duration Role
Indio New City Hall and Library
City of Indio 12/2023 - In Progress Project Executive
Lakeland Village Library
The County of Riverside 06/2024 - 09/2025 Project Executive
Calimesa Library
County of Riverside 06/2024 - 09/2025 Project Executive
Nuview Library Replacement
The County of Riverside 02/2018 - 12/2018 Project Manager
Palm Desert DS Lobby Remodel
City of Palm Desert 04/2023 - 09/2023 Project Executive
Palm Desert Community Center Expansion
Desert Recreation District 01/2024 - 01/2025 Project Executive
Riverside County Fire Station 49
The County of Riverside 03/2025 - In Progress Project Executive
Indio Public Safety Campus
City of Indio 06/2022 - 02/2025 Project Executive
Palm Springs Navigation Center
City of Palm Springs 07/2023- 09/2024 Project Executive
Riverside County Fire Station 41
County of Riverside 11/2022 - 11/2023 Project Executive
COD Indio Campus Expansion
Desert Community College District 03/2022 - 03/2025 Project Executive
Luckie Pool Replacement
City of Twentynine Palms 07/2022 - 04/2023 Project Executive
San Bernardino CA Theatre
City of San Bernardino 06/2025-10/2025 Project Executive
Twentynine Palms Community Center
City of Twentynine Palms 03/2021 - 01/2022 Senior Project
Manager
MVC Welcome Center
Riverside Community College District 07/2020 - 08/2021 Senior Project
Manager
BH Restorative Transformation Center
Riverside United Healthcare System 06/2011 - 04/2022 Senior Project
Manager
Bryant Ismerio
Project Executive | Tilden-Coil Constructors
About
Bryant Ismerio has over 21 years of experience in the construction industry, including 17
years with the Tilden-Coil team. He excels in strategic planning and coordination, ensuring
that every aspect of a project aligns with the client’s goals and expectations.
Role
As Project Executive, Bryant leads the development of high-performing teams and oversees
project success from preconstruction through completion. He ensures the City’s needs are
consistently met and serves as a key advocate for the Client throughout the process. Bryant’s
primary focus is to remove obstacles, empower his team, and foster an environment where
they can deliver exceptional results.
Education
Bachelor of Science Degree,
Engineering Construction
Management, California State
Polytechnic University, Pomona
Training
Associate DBIA Certified
LEED Accredited Professional
Primavera P6 Scheduling
OSHA 30-Hour
CPR/First Aid Certification
SWPPP
Blue Beam As-Builts
Estimating (Trainer)
Constructability Review (Trainer)
Value Engineering (Trainer)
Closeout
Certified Payroll
Water Infiltration
Prequalification Process
Experience (Partial List)
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16Tilden-Coil Constructors + Holt Architecture
Project / Client Duration Role
Indio New City Hall and Library
City of Indio 12/2023 - In Progress Preconstruction
Director
Lakeland Village Library
The County of Riverside 06/2024 - 09/2025 Preconstruction
Director
Calimesa Library
County of Riverside 06/2024 - 09/2025 Preconstruction
Director
Nuview Library Replacement
The County of Riverside 02/2018 - 12/2018 Preconstruction
Director
Palm Desert DS Lobby Remodel
City of Palm Desert 04/2023 - 09/2023 Preconstruction
Director
Palm Desert Community Center Expansion
Desert Recreation District 01/2024 - 01/2025 Preconstruction
Director
Indio Public Safety Campus
City of Indio 06/2022 - 02/2025 Preconstruction
Director
Ontario Ballpark and Parking Structure
City of Ontario 09/2024 - In Progress Preconstruction
Director/PX
Ontario Sports Complex
City of Ontario 04/2025 - In Progress Preconstruction
Director/PX
Casa Blanca ES
Riverside Unified School District 10/12/2023 Preconstruction
Director
Eastside ES
Riverside Unified School District 07/14/2025 Preconstruction
Director
Valley HS Culinary Arts & Auto tech CTE
Santa Ana Unified School District 12/20/2021 Preconstruction
Director/PX
Washington ES Mod & Reconstruction
Santa Ana Unified School District 05/17/2021 Preconstruction
Director/PX
Jefferson Elementary School P2P & MPR
Santa Ana Unified School District 05/24/2021 Preconstruction
Director/PX
Etiwanda High School Two Story Classroom Building
Chaffey Joint Union High School District 03/30/2022 Preconstruction
Director/PX
Valley View High School Two Story Classroom Addition
Chaffey Joint Union High School District 09/24/2021 Preconstruction
Director/PX
Jason Howarth, Assoc. DBIA, LEED AP
Preconstruction Director | Tilden-Coil Constructors
About
Jason Howarth has over 24 years of experience in the construction industry, including 16
years with the Tilden-Coil team. He excels in strategic planning and coordination, ensuring
that all aspects of each project align with the client’s goals during the preconstruction and
design phases. With his expertise, Jason provides invaluable guidance and insight to support
informed decision-making throughout preconstruction.
Role
As Preconstruction Director, Jason ensures that the Client’s expectations are met and
exceeded during the preconstruction phase. He leads the development of planning strategies
and facilitates collaborative work sessions with the project team to maximize scope, schedule,
and budget outcomes for the Client.
Education
Bachelor of Science Degree,
Engineering Construction
Management, California State
Polytechnic University, Pomona
Training
Associate DBIA Certified
LEED Accredited Professional
Primavera P6 Scheduling
OSHA 30-Hour
CPR/First Aid Certification
SWPPP
Blue Beam As-Builts
Estimating (Trainer)
Constructability Review (Trainer)
Value Engineering (Trainer)
Closeout
Certified Payroll
Water Infiltration
Prequalification Process
Experience (Partial List)
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17Tilden-Coil Constructors + Holt Architecture
Project / Client Start Date Role
Indio New City Hall and Library
City of Indio 12/2023 - In Progress Production Director
Lakeland Village Library
County of Riverside 06/2024 - 09/2025 Production Director
Calimesa Library
County of Riverside 06/2024 - 09/2025 Production Director
Nuview Library Replacement
The County of Riverside 02/2018 - 12/2018 Production Director
RC Law Library Renovation
Riverside County Law Library 06/2021 - 02/2022 Production Director
Palm Desert DS Lobby Remodel
City of Palm Desert 04/2023 - 09/2023 Production Director
Palm Desert Community Center Expansion
Desert Recreation District 01/2024 - 01/2025 Production Director
Riverside County Fire Station 49
The County of Riverside 03/2025 - In Progress Production Director
Indio Public Safety Campus
City of Indio 06/2022 - 02/2025 Production Director
Ontario Sports Complex
City of Ontario 04/2025 - In Progress Production Director
Palm Springs Navigation Center
City of Palm Springs 02/2024 - 09/2024 Production Director
San Bernardino CA Theatre
City of San Bernardino 06/2025-10/2025 Production Director
Riverside County Fire Station 41
County of Riverside 11/2022 - 11/2023 Production Director
COD Indio Campus Expansion
Desert Community College District 03/2022 - 03/2025 Production Director
Role
As Production Director, Rob oversees multiple projects under construction. He challenges
and mentors project teams, removes obstacles, and ensures maximum productivity and on-
time completion. During preconstruction, Rob supports the team in developing production
schedules and identifying the most efficient critical path to achieve project success.
Rob Kryzyskowski
Production Director | Tilden-Coil Constructors
About
Rob brings 33 years of experience, including 17 years with the Tilden-Coil team. He offers
practical knowledge and steady leadership to every project. Recognized for his proactive
approach, mentoring mindset, and talent for keeping teams aligned and productive, Rob is
dedicated to fostering efficiency, collaboration, and quality, building not only exceptional
projects but also strong, capable teams.
Education
Business Management, Triton
College, IL
Training and
Certification
CPR/First Aid Certification
OSHA 30-Hour
P3 Scheduling Advanced
P6 Scheduling Advanced
Schedule Management
SWPPP
QSP Training
CISEC Training
Forklift Operator
Experience (Partial List)
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18Tilden-Coil Constructors + Holt Architecture
Molly McMillan
Project Manager| Tilden-Coil Constructors
About
With 26 years of experience in the construction industry, Molly has managed 18 design-build
projects. She holds a Master’s in Education with a focus on Civil Engineering and a Bachelor
of Science in Construction Engineering. Her extensive project experience demonstrates her
ability to meet deadlines, achieve Client goals, and apply exceptional organizational and
problem-solving skills to every project.
Role
As Project Manager, Molly oversees project finances, ensures Client satisfaction, maintains
quality control, and manages schedules and safety. Serving as the primary point of contact for
the Client during construction, she is also actively involved during design and preconstruction
to ensure a seamless transition and consistent project momentum through completion.Education
Master of Education in Civil
Engineering, University of
Washington
Bachelor of Science Degree
in Construction Engineering,
California State Polytechnic
University, Pomona
Training and
Certification
CPR/First Aid Certification
HIPP & Fall Protection
Procore Project Manager Certified
AutoCAD
Revit
Revu Bluebeam eXtreme
OSHA 10-Hour
OSHA 30-Hour
Experience (Partial List)
Project / Client Duration Role
Riverside County Fire Station 49
County of Riverside 03/2025 - In Progress Project Manager
San Bernardino CA Theatre Design-Build
City of San Bernardino 06/2025-10/2025 Project Manager
San Bernardino HS Auditorium Modernization
San Bernardino City Unified School District 02/2023-08/2024 Project Manager
San Bernardino HS Late Start Lighting
San Bernardino City Unified School District 03/2023-04/2024 Project Manager
San Bernardino HS Athletic Field Improvements
San Bernardino City Unified School District 06/2023-08/2023 Project Manager
Redlands Packing House District Phase 1
Property One LLC N/A*Project Manager
Redlands Packing House District Phase 2
Property One LLC N/A*Project Manager
Dangermond Park Reserve
The Nature Conservancy N/A*Project Manager
Flowstone Climbing Gym
Flowstone Climbing LLC N/A*Project Manager
Chino Airport Ground Water Mitigation
The County of San Bernardino N/A*Project Manager
Yucaipa Regional Park
The County of San Bernardino N/A*Project Manager
Rancho Cucamonga Courthouse Tenant Improvement
Rancho Cucamonga Superior Court N/A*Project Manager
Redlands County Museum
Redlands Historical Museum Association N/A*Project Manager
California Highway Patrol Facility
California Highway Patrol N/A*Project Manager
* = Project completed prior to joining Tilden-Coil
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19Tilden-Coil Constructors + Holt Architecture
About
Jeff is an industry veteran with over 30 years of experience and has been a member of
the Tilden Coil team for the past year. Jeff’s trade knowledge, attention to detail and service
driven mindset have earned Jeff a reputation as a great superintendent by our clients and
subcontractor partners.
Role
As the project superintendent, Jeff will be onsite full time supervising the work being
performed. He will be responsible for quality control, safety, subcontractor coordination
and on time completion of the project. In addition to these responsibilities, Jeff will ensure
daily communication with the Client appointed representatives and end users to ensure
alignment and transparency throughout the construction process.Training
OSHA 10-Hour
OSHA 30-Hour
Personal Training and Safety
CPR/First Aid Certification
Experience (Partial List)
Jeff Rae
Project Superintendent | Tilden-Coil Constructors
Project / Client Duration Role
Lakeland Village Library
County of Riverside 06/2024 - 09/2025 Project
Superintendent
Calimesa Library
County of Riverside 06/2024 - 09/2025 Project
Superintendent
Ontario Sports Complex
City of Ontario 04/2025 - In Progress Project
Superintendent
Palm Springs Navigation Center
City of Palm Springs 02/2024 - 09/2024 Project
Superintendent
Roseville High School - Music Room
Roseville Joint Union High School District 2023-2024*Senior
Superintendent
New District Office
Roseville Joint Union High School District 2023-2024*Senior
Superintendent
South Lake Middle School Modernization
Irvine Unified School District 2021-2023*Project
Superintendent
South Pasadena Middle School Gym & Theater
Pasadena Unified School District 2020-2021*Project
Superintendent
Ayala High School Modernization
Chino Valley Unified School District 2019-2021*Project
Superintendent
Ayala High School New Science Building
Chino Valley Unified School District 2019-2020*Project
Superintendent
2722 Michelson Rehab
Anduril Industries 2018-2019*Project
Superintendent
LAX Hilton Porte Cochere
Hilton Hotels 2017-2018*Project
Superintendent
Netflix HQ LA Tenant Improvements
Netflix 2016-2017*Project
Superintendent
* = Project completed prior to joining Tilden-Coil
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20Tilden-Coil Constructors + Holt Architecture
Jarrod Baumann
BIM Manager | Tilden-Coil Constructors
About
Jarrod Baumann is a leading professional in in Virtual Design and Construction (VDC) with
30 years of experience. Jarrod is a Revit Architecture Certified Professional, and has served
in educational roles at Autodesk University, California Baptist University Engineering, and
Construction Management Programs. Jarrod began his career drafting MEP construction
documents in traditional 2D formats in 1995 before quickly embracing the 3D modeling
revolution. Today, he is recognized as an expert in reality capture, clash detection, 3D content
creation and pushing the limits of current technological capabilities.
Role
As BIM Manager, Jarrod supports the design and construction teams in managing the
composite Building Information Model. During preconstruction, he leads efforts in clash
detection, constructability reviews, and model enhancement. Throughout construction, he
facilitates contractor coordination meetings and ensures well-coordinated shop drawings and
in-field quality control.
Education
Associate of Applied Science
Degree for CAD and Design, ITT
Tech
Technical specialist training for
Autodesk
Training
Autodesk University BIM Software
Technical Training
Revit Technical Training
FARO Laser Scanning
Robotic Total Station
NavisWorks Technical Training
Primavera P6 Scheduling
LEED V.4.0
SWPPP
Safety
Experience (Partial List)
Project / Client Start Date Role
Indio New City Hall and Library
City of Indio 12/2023 - In Progress BIM Manager
Lakeland Village Library
County of Riverside 06/2024 - 09/2025 BIM Manager
Calimesa Library
County of Riverside 06/2024 - 09/2025 BIM Manager
Nuview Library Replacement
The County of Riverside 02/2018 - 12/2018 BIM Manager
RC Law Library Renovation
Riverside County Law Library 06/2021 - 02/2022 BIM Manager
Palm Desert Community Center Expansion
Desert Recreation District 01/2024 - 01/2025 BIM Manager
Riverside County Fire Station 49
The County of Riverside 03/2025 - In Progress BIM Manager
Indio Public Safety Campus
City of Indio 06/2022 - 02/2025 BIM Manager
San Bernardino CA Theatre
City of San Bernardino 06/2025-10/2025 BIM Manager
Ontario Sports Complex
City of Ontario 04/2025 - In Progress BIM Manager
Casa Blanca ES
Riverside Unified School District 10/2023 - 08/2025 BIM Manager
Valley HS Culinary Arts & Auto tech CTE
Santa Ana Unified School District 12/2021 - 11/2023 BIM Manager
Washington ES Mod & Reconstruction
Santa Ana Unified School District 15/2021 - 03/2024 BIM Manager
Pacific HS CTE Biomedical Building
San Bernardino City Unified School District 06/2023 - 12/2024 BIM Manager
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21Tilden-Coil Constructors + Holt Architecture
Quann Kizer
Safety Director | Tilden-Coil Constructors
About
Quann Kizer is an Experienced Safety Director with a proven 15 year track record developing
and executing effective safety programs. He is skilled in fostering secure and supportive
work environments that minimize risks, boost morale, and instill a strong culture of safety
commitment.
Role
During the preconstruction phase Quann works closely with the Project Manager and
Superintendent to develop the project-specific safety plan which ensures all project-specific
hazards are identified and mitigated. During construction Quann will visit the construction site
periodically to ensure the safety plan is being implemented effectively, and to observe high
risk activities. In addition, Quann will be involved with the following:Training and
Certification
CHST - Construction Health and
Safety Technician: BCSP
OSHA-10
OSHA-30
OSHA-500
OSHA-510
EM385-1-1 - USACE Safety and
Health Compliance Certification
(SSHO)
CSST - Construction Site Safety
Technician: Construction Site
Safety Supervisor (NCCER), Safety
Technology (NCCER), Field Safety
(NCCER)
233-Hour Oil and Gas Safety and
Health Professional (OSHAcademy
Certificate Program) , TWIC Card
First Aid, CPR, AED
• Safety Meeting Oversight
• Safety Training
• Incident Reporting
• Auditing Safety Processes
• LO/TO Programs
• Safety Hazards Analysis
• Implementing Safety Policies
• Environmental Health and Safety
• Accident Investigations
Safety Program
Quann Kizer will oversee the safety program for the project, ensuring a safe and compliant
work environment. The program includes:
• Safety Governance: The project will adhere to Tilden-Coil’s established safety policies,
including any additional safety policies enacted by the City.
• Training: All personnel involved in the project will undergo comprehensive safety
training, including First Aid/CPR, OSHA certifications, and job-specific safety protocols.
This ensures that every team member understands their role in maintaining site safety.
• Subcontractor Management: Prior to commencing work on-site, subcontractors
will participate in mandatory preparatory meetings to review and commit to project-
specific safety protocols. These meetings will be monitored periodically by Quann for
effectiveness.
• Safety Monitoring: The project will benefit from a rigorous schedule of daily, weekly,
and monthly safety walks and audits. These will be conducted by safety officers,
superintendents, and senior staff to ensure all safety measures are strictly followed. Any
potential hazards will be identified and addressed through proactive data tracking and
analysis.
• Recognition and Accountability: Exceptional safety practices will be recognized both
publicly and privately, fostering a culture of safety among all workers. Subcontractor
safety programs will be thoroughly reviewed, and compliance will be enforced, with
payments tied to safety performance.
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22Tilden-Coil Constructors + Holt Architecture
Thomas Howell
Senior Principal | Holt Architecture
Relevant Experience
• Art Sampson Library
• Palm Desert Library
• Riverside County Law Library Renovation
• Nuview Branch Library
• City of Indio Branch Library (in Progress)
• County of Riverside - Calimesa Branch
Library (in Progress)
• County of Riverside – Lakeland Village
Branch Library (in Progress)
• City of Indio Public Safety Campus:
2019-2024 – Project Oversight
• City of Ontario Police Department Gym:
2021-2023 – Project Oversight
• Imperial County Niland Public Safety
Facility: 2019-2020 – Project Oversight/
Manager
• Riverside County Ben Clark Correctional
Scenario Training Facility: 2018-2020 –
Project Oversight/Manager
• Riverside County Ben Clark Training
Center Shooting Range Planning: 2018-
2019 – Project Oversight/Manager
• Riverside County Sheriff Nurse Clinic
Improvements: 2017-2021 – Project
Oversight
• City of Fontana Police Department EOC
+ Lobby: 2017-2019 – Project Oversight/
Manager
• City of Ontario PD Dispatch: 2016-2018 –
Project Oversight/Manager
• San Bernardino County Sheriff Crime
Lab Documents: 2018-2019 – Project
Oversight/Manager
• Riverside County Ben Clark Training
Center Classroom Improvements/
Documents: 2012-2015 – Project
Manager
• Riverside County EOC – Indio: 2012-2014
– Project Manager
• Riverside County Sheriff ECDC –
Infrastructure + Demo: 2012-2014 –
Project Oversight/Manager
• City of Yucaipa Police Station: 2011-2014
– Project Oversight/Manager
• Riverside County Sheriff Station – Jurupa
Evidence: 2010-2013 – Project Manager
• City of Banning Police Station: 2006-
2010 – Project Manager.
• City of Holtville Public Safety Facility
Documents: 2003-2009 – Project
Manager
• County of Riverside Sheriff-Coroner
Forensic Center Indio: 2001-2002, 2015 –
Project Manager
• Riverside County Sheriff Station –
Hemet: 2000-2021 – Project Manager
• Riverside County Sheriff Station – Lake
Elsinore: 1999-2000 – Project Manager
• City of Blythe Police Station: 1998-1999 –
Project Manager
• Riverside County Sheriff Station - Blythe:
1998-1999, 2015, 2018 – Project Manager
About
Tom brings over 30 years of experience, including 25 years with Holt Architecture, where he
has risen through the ranks to his current role as Senior Principal. Over the course of his tenure,
Tom has led numerous Public Sector Safety projects, including the East County Emergency
Operations Center, one of the firm’s most complex projects, completed in just over one year
from the start of design.
Role
Tom will be the primary contact for Holt Architecture and will lead the project. Tom also
provides coordination between consultants and office staff in detailing drawings and preparing
specifications, cost estimating, bidding/negotiation and observation of construction.
Education
Bachelor of Science Degree,
Architectural Studies, University of
Illinois
Master of Architecture, Southern
California Institute of Architecture
Registration
Architect: CA #31626
NCARB: #160933
Affiliations
American Institute of Architects
International Conference of
Building Officials
Architectural Review Board -
Rancho Mirage
California Baptist University
- Construction Management
Advisory Board
523
23Tilden-Coil Constructors + Holt Architecture
Matt Acton, NCARB
Principal | Holt Architecture
Relevant Experience
• Riverside County Law Library Renovation
• Nuview Branch Library
• City of Indio Branch Library (in Progress)
• County of Riverside - Calimesa Branch Library (in Progress)
• County of Riverside – Lakeland Village Branch Library (in Progress)
• City of Ontario Police Department Real Time Crime Center: 2022-2023 – Project Designer/
Architect
• City of Indio Public Safety Campus: 2019-2024 – Project Designer/Architect
• City of Ontario Police Department Gym: 2021-2023 – Project Designer/Architect
• Riverside County Ben Clark Correctional Scenario Training Facility: 2018-2020 – Project
Designer/Architect
• City of Fontana Police Department EOC + Lobby: 2017-2019 – Project Designer/Architect
• City of Ontario Police Department Master Planning: 2018-2022 – Project Designer/Architect
• City of Ontario Police Department Dispatch: 2016-2018 – Project Designer/Architect
• Riverside County Ben Clark Training Center Classroom Documents: 2012-2015 – Project
Designer/Manager
• Riverside County EOC – Indio: 2012-2014 – Project Designer
• Riverside County Fire Station #41: Project Designer/Manager
• Riverside County Fire Station #49: Project Designer/Manager
• Riverside County Fire Station #11 & #34: Project Designer/Manager
• City of Yucaipa Police Station: 2011-2014 – Project Designer
About
Matt brings 15 years of industry experience, including 13 years with Holt Architecture,
where he has risen to the role of Principal. His expertise centers on Public Sector work,
with a particular focus on Public Safety facilities. Recent experience includes a new Fire
Station, Administration Building, Police Dispatch Center, and master planning for a new
Police Headquarters for the City of Indio. Known for his diligence and commitment, clients
consistently praise Matt’s attentiveness with past clients repeatedly commenting, “He made
us feel like we were his only client.”
Role
Matt will be directly involved in the design and development of project documents from initial
concept through final construction. Matt provides day-to-day oversight of the project team,
schedule, and budget, ensuring seamless communication and exceptional project delivery.Education
Bachelor of Science Degree,
Architecture, University of
Michigan, Ann Arbor
Registration
Architect: CA #37028
NCARB: #624984
Affiliations
USGBC LEED Green Associate
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24Tilden-Coil Constructors + Holt Architecture
Wiseman + Rohy
Principal in Charge | Steve Rohy, Structural Engineer
About
Steve brings experience in managing project documentation and engineering standards from
concept through completion. He is directly involved in overseeing the production of drawings,
from initial client contact through efficient layout, coordination, and project management.
Steve establishes and enforces company-wide Quality Control and Quality Assurance
guidelines, ensuring consistent technical excellence across all projects. He also develops
firmwide standards to maintain design and engineering efficiency and applies Lean Thinking
principles to enhance collaboration and productivity across multiple disciplines.
Affiliations
Structural Engineers Association of San Diego (SEAOSD) | SEAOSD Board of Directors (2009-
2011)
Structural Engineers Association of California (SEAOC) | Convention House Chair
American Institute of Steel Construction (AISC)
American Welding Society (AWS)
Earthquake Engineering Research Institute (EERI)
Education
Bachelor of Science Degree,
(Structural), Cal Poly San Luis
Obispo
Registration
Registered Structural Engineer, CA
#S-4341, ID #S-11706
Registered Civil Engineer, CO
#39469, OR #75625, WA #42184
525
25Tilden-Coil Constructors + Holt Architecture
Project Understanding and Approach
Backed by proven progressive design-build experience, our approach
focuses on early alignment, proactive communication, and efficient
delivery.
Compliance and Program Alignment
We hereby certify that this proposal meets all mandatory and performance requirements outlined in the RFP.
Scope of Services
The Progressive Design-Build (PDB) model offers a strategic advantage to the City by integrating design and construction, enabling
streamlined collaboration between the City, end-users, and the project team. Our team has proven and verifiable success implementing
our progressive design-build approach, including on the two recently completed libraries for the County of Riverside: Lakeland Village
Library and Calimesa Library.
Our approach emphasizes flexibility to support design refinement, schedule optimization, and cost control while maintaining alignment
with the City’s vision, quality standards, and budget goals. We are committed to serving as trusted partners, guiding the City and all
stakeholders through every phase of the project with transparency, collaboration, and accountability.
Phase 1 – Preconstruction Design and GMP Development:
During Phase 1, our team will advance the Design Development through Construction Documents, validate constructability, and align all
design decisions with the City’s budget. Our immediate priorities include developing a target cost model and facilitating a goal alignment
workshop with City stakeholders to confirm project objectives and present design optimization strategies that ensure the design remains
within budget. Having a clear understanding and alignment of budget and scope will early on will enable our team to move quickly
through Phase 1. We will manage permitting, value engineering, cost estimating, and coordination with utilities and public agencies,
culminating in an open-book Guaranteed Maximum Price (GMP) proposal for City approval. Early Work, including demolition, abatement,
and site preparation of the existing Parkview Building, will be incorporated to support the City’s schedule objectives.
Phase 2 – Final Design and Construction:
Upon GMP acceptance, we will transition into Phase 2, executing construction activities while maintaining access to existing facilities and
coordinating with City operations and scheduled park events.
Key Advantages of our Approach:
1. Budget Alignment: Develop a target cost model early and conduct a goal alignment workshop with City stakeholders to confirm
priorities and budget conformance.
2. Stakeholder Collaboration: Engage City staff, end-users, and the community through structured design and review sessions to
ensure functional, aesthetic, and financial objectives are achieved.
3. Transparent Budgeting: Utilize an open-book GMP process to foster accountability and meet budget expectations.
4. Fast-Track Schedule: Integrate early work packages and critical procurement (HVAC, switchgear, and storm drain retention systems)
to meet the City’s target for Substantial Completion by December 2027.
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26Tilden-Coil Constructors + Holt Architecture
Project Delivery and Management
Approach
The Gameplan
In order to maintain the schedule, budget, and quality standards it
is essential that expectations are clear to all team members during
the design and preconstruction phase. The Tilden-Coil and Holt
team will work with the City and other stakeholders to develop
a Work Plan that fosters communication and integration of all
participants while maintaining schedule, cost and project quality
requirements.
The Work Plan, we call the design-build gameplan, will align all
activities, establish clear lines of communication, and ensure all
issues are addressed at appropriate times within the schedule.
The process will focus on defining specific deliverables at each
project milestone, working with the City to define expectations,
and ensuring that decisions are made with a shared understanding
and commitment.
Each stakeholder plays a critical role, and our team will ensure
their needs are seamlessly integrated into the project’s planning,
design, and execution phases.
Collaborative Delivery and Management
Our team will lead a transparent, highly coordinated process from
day one, facilitating workshops with the City, end-users, and other
stakeholders to confirm priorities, and refine the design. Through
structured milestone reviews and open-book cost modeling, we
will maintain alignment between scope, schedule and budget
throughout both phases. Our local proximity ensures real-time
communication and responsive decision-making.
Successful Implementation Examples
This proven approach has successfully delivered recent Progressive
Design-Build libraries for the County of Riverside, including the
Lakeland Village and Calimesa Libraries; both completed on
schedule and within budget (More information can be found within
the Experience Section). In each, we utilized early work packages to
expedite site preparation and procurement while refining design
and cost in partnership with the Owner, mirroring the City’s goals
for this project.
Project Controls and Progress Monitoring
We employ cloud-based project management and reporting
tools (CMiC, Primavera Cloud, and Revizto/BIM360) to manage
submittals, RFIs, schedules, and cost tracking. Weekly progress
meetings and monthly updates will provide the City with
transparent reporting on budget status, design progress, risk
items, and upcoming milestones. Our reporting is customized to
the expectations of each individual client.
Risk Management and Mitigation
We manage risk through early identification, ownership assignment,
and mitigation planning. Key risks, such as procurement lead
times, utility coordination, and maintaining public access during
construction, will be addressed through proactive early work
planning, phased permitting, and stakeholder communication.
Our open-book GMP development process reduces financial
risk for the City while ensuring scope completeness and price
transparency. Lessons learned from similar civic projects inform
our contingency planning and ensure the flexibility required for a
successful Progressive Design-Build partnership.
Progress Monitoring Example
We have found an effective way of documenting construction
progress is the use of consistent drone aerials and 360 degree
virtual project walkthroughs. Through the use of the 360 degree
virtual project walkthroughs integrated with our latest Building
Information Model, we can get an accurate and up to date view of
what work has been installed and the date it was installed. Tilden-
Coil will provide a license for Palm Desert to be able to access this
data to view project progress, and compare progress over multiple
date selections.
The benefits include:
1. Better visibility of construction progress
2. Increased collaboration
3. Increased transparency
4. Reduced project site visits / drive time
5. Communication to the Board and other stakeholders
Pictured (Fire Station 41, Mecca): Example of 360 degree
virtual project walkthrough compared by timeline (March
2023 and September 2023)
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27Tilden-Coil Constructors + Holt Architecture
Coordination with City Stakeholders
From Notice to Proceed through project close-out, our team will cultivate a collaborative environment built on transparency and trust.
The City, end-users, and community will be active participants in shaping a library that reflects Palm Desert’s identity and integrates
seamlessly into Civic Center Park.
Collaborative Process
We will launch the project with joint visioning and problem-seeking sessions to confirm the City’s priorities, review existing facilities, and
establish evaluation criteria. Key user groups will be identified to participate in focused work sessions for each program element, ensuring
every voice is represented. During the process, we will develop and review conceptual alternatives, complete with program diagrams,
phasing options, and site relationships to validate the preferred direction.
Throughout design, BIM and digital visualization tools will be used to communicate concepts clearly and facilitate informed decision-
making. Weekly coordination meetings, milestone workshops, and joint design reviews will engage the City and the entire design-build
team, ensuring alignment between design intent, constructability, and budget.
Our team utilizes the Building Information Model (BIM) to develop augmented reality design visualizations to provide stakeholders with
an immersive and interactive way to engage with the design process. This approach offers several distinct benefits:
• Realistic Views: Augmented reality transforms complex designs into life-like views, allowing stakeholders to understand the spatial
and functional aspects of the project in real-world contexts.
• Improved Decision-Making: Stakeholders can better evaluate design options and provide informed feedback by visually
experiencing proposed elements before construction begins.
• Interactive Collaboration: AR visualizations enable real-time interaction with the design, fostering collaboration and ensuring all
voices are heard during critical decision points.
Example 1: AR View of the
College of the Desert Indio
Campus Lobby.
Example 2: AR View of the
College of the Desert Indio
Campus Lobby.
Example 3: AR View of the
City of Ontario’s new Ballpark
VIP Suites.
Community and Stakeholder Engagement
Through structured workshops, study models, and digital presentations, we will gather input on form, function, and the library’s
relationship to Civic Center Park. This process ensures that each phase, from early concept sketches to detailed 3D visualizations,
reflects community values, City objectives, and the natural character of the park setting. By integrating feedback at every milestone, we
ensure the final design is not only functional and cost-aligned, but also authentically representative of Palm Desert’s civic vision.
528
28Tilden-Coil Constructors + Holt Architecture
Design Management approach
Our team’s design philosophy centers on creating enduring public architecture that reflects Palm Desert community values, supports
functionality, and delivers long-term value to the City. For the new Palm Desert Library, we are committed to design excellence through a
collaborative, transparent process that balances aesthetics, performance, and cost. Holt Architecture and Tilden-Coil Constructors have
refined this partnership across 17 projects, including five libraries and two recent Progressive Design-Build libraries for the County of
Riverside, each achieving design distinction within strict budget and schedule parameters.
Commitment to Design Excellence and Management
Holt Architecture will lead design development, while Tilden-Coil provides constructability, cost, and scheduling insight at every stage to
ensure the design is as buildable as it is beautiful. The City will be engaged through regularly scheduled workshops, milestone reviews,
and digital design presentations. BIM and 3D visualization tools will clearly communicate design intent and options, enabling well-
informed decisions.
Understanding of the Existing Basis of Design
We understand that the bridging design envisions a modern civic library with a strong visual connection to Civic Center Park, expressed
through generous glazing, deep shade structures, stone and plaster cladding, and a low-slung roof profile that frames the surrounding
mountain views. While the conceptual intent is strong, our early review indicates the current design likely exceeds the City’s stated budget
due to material selections, canopy scale, and structural complexity.
Our initial design-optimization discussions will include the topics shown below. It is important to note that these strategies were
developed in a silo, without knowing what is truly important to the City of Palm Desert. Our goal would be to refine the design to bring
the project into budget alignment without compromising the architectural intent or community experience.
Simplifying and separating the structural system from shade
canopies to reduce steel tonnage and foundation costs.
Substituting or optimizing mix of stone and plaster finishes to
preserve quality while lowering unit cost.
Simplifying building
geometry by reducing
radiused walls.
Reviewing building orientation, fenestration, and
mechanical systems for energy performance and
lifecycle savings.
Increasing the amount of shear walls
(by relocating or reducing windows).
529
29Tilden-Coil Constructors + Holt Architecture
Design Development and Communication Protocols
A single point of contact will coordinate design communication with the City, supported by discipline leads and a shared platform
for document control. Weekly coordination meetings and monthly design milestone reviews will ensure decisions are tracked, cost
implications are transparent, and the design evolves collaboratively. Each design phase will conclude with a review of design quality,
cost reconciliation, and schedule confirmation.
Through this integrated, disciplined approach, we will deliver a design that achieves the City’s vision for excellence while maintaining
fiscal responsibility and public value.
Sustainability and Climate Responsiveness
No team is more experienced designing and building in the Coachella Valley than ours. With decades of work across Palm Desert and
neighboring communities, we understand this climate not as a challenge but as an advantage, one that demands intelligent design,
resilient materials, and proven local solutions. Our approach combines deep regional knowledge with best practices in sustainability,
seamlessly integrating passive cooling, renewable energy, and water conservation to exceed LEED and California Title 24 standards.
Our team uses study models and energy analyses to isolate areas where the design is least efficient.
Sun Protection Daylighting System Building Envelope Large Overhangs
We track design options and their
energy impacts on the building
performance. This helps us
determine energy-saving strategies
that lead to environmentally and
fiscally responsible designs. A high
performance design means cost
savings throughout the lifespan of
the project.
Glare Daylighting Radiance: Solar Panels
Baseline
Energy Analysis
Building Envelope
Option A Option B
Net Zero
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30Tilden-Coil Constructors + Holt Architecture
Our team’s schedule approach is structured to achieve Substantial
Completion by December 2027 through proactive design
advancement, early procurement, and overlapping work phases.
Immediately following NTP for Phase 1, design refinement,
cost modeling, and permitting documentation will progress
concurrently to support expedited plan check and early GMP
development. Value engineering and constructability reviews will
be completed at each milestone to maintain alignment with the
City’s budget and schedule.
Early Work and Procurement Packages
To mitigate long-lead material delays, early procurement may
include electrical switchgear, diesel generator, HVAC equipment,
solar PV/BESS system, and the storm drain retention system. These
packages will be released for fabrication prior to final building
permit approval, ensuring equipment is available for installation
when needed.
Demolition Phase
Consistent with the City’s intent to issue an Early Work Amendment,
we will initiate abatement and demolition of the Parkview
Building, followed by utility relocation and grading to prepare the
pad for construction. These activities will be phased to maintain
safe access to the Community Center, City Hall, and Civic Center
Park while protecting existing solar canopies and infrastructure.
Agency Coordination
Early engagement with Desert Community Energy, Spectrum,
SCG, and CVWD will streamline design approvals and prevent
utility conflicts and delays. Expedited plan check and Architectural
Review Board approval will be pursued in parallel with final design.
Project Sequencing and Scheduling
Printed: 28-Oct-25 12:19 p.m.City of Palm Desert Library Page: 1 of 2
View: 1. Std Presentation
urrent ilestones
ritical
Date Revision Checked Approved
City of Palm Des… City of Palm Desert Library
MILESTONES MILESTONES
M1000 NTP- Phase 1
M1010 NTP - Phase 2
M1020 Site Demo Complete
M1030 Building Pad Certified
M1050 Foundations Complete
M1040 S.O.G. Concrete Complete
M1060 Structural Steel Complete
M1070 Roof Complete
M1080 Interior Drywall Complete
M1090 Building Exterior Complete
M1100 Energize Building
M1110 Fire Alarm Sign Off
M1120 Site Work Complete
M1140 Substantial Completion
M1150 Owner Occupancy
PHASE 1: DESI… PHASE 1: DESIGN ADVANCEMENT & GMP DEVELOPMENT
Design Advan… Design Advancement
PRCN-1000 Kickoff & Design Review Initiation
A1170 Completion of Design Validation Report
A1060 Review Prelim Program, Budget and Schedule
A1110 Design Development Documents
GMP Develop… GMP Development
A1340 BID Period (Plan Check Drawings)
A1380 Early Procurement Cost Approval
A1360 GMP Submission to City
A1350 City GMP Review and Approval
Phase 2: Full D… Phase 2: Full Design, Abatement, Site Preparation, and Construct…
A1310 Demo Permit
A1250 Construction Documents
A1300 Plan Check #1
A1260 Plan Check #1 Comment Revisions
A1320 Plan Check 2nd Round and Architectural Review Board Approval
A1270 Building Permit
EARLY PROCU… EARLY PROCUREMENT PACKAGES
MECHANICAL… MECHANICAL EQUIPMENT EARLY RELEASE
MAIN ELECTR… MAIN ELECTRICAL, PV SYSTEM, GENERATOR EQUIPMENT EAR…
ABATEMENT ABATEMENT
STORM DRAI… STORM DRAINAGE BASIN EARLY RELEASE
SUBMITTALS / … SUBMITTALS / PROCUREMENT
MUNICIPAL LIB… MUNICIPAL LIBRARY & COMMUNITY CENTER CONSTRUCTION
MOBILIZATIO… MOBILIZATION & TEMP FACILITIES
A1000 Install Temp Fence / Portable Restrooms
A1010 Install Construction Entrances
A1020 Install SWPPP BMP's
BUILDING & S… BUILDING & SITE DEMO EARLY PACKAGE PRIOR TO PHASE 2 NTP
SAFE OFF / … SAFE OFF / CUT & CAP
ABATEMENT ABATEMENT
BUILDING D… BUILDING DEMO & SITE DEMO
RELOCATION … RELOCATION UTILITIES/SITE OX / GRADING
SD1007 Relocate Utilities
SG1000 Survey Building Pad / Corners
SG1010 OX/Import Soil / Building Pad
SW1000 Survey Driveway / Parking Lot / Retention Basin
SW1040 Driveway & Parking Lot: Rough Grade
UG UTILITIES UG UTILITIES
U1000 Survey UG Utilities
U1010 Trench FW / SD/ Driveway / Retention Basin
U1020 Install FW / SD @ Driveway / Retention Basin
U1030 Backfill FW / SD @ Driveway / Retention Basin
U1035 Install FW BFP / FDC / PIV / Hydrant
U1040 Trench Sewer
U1050 Install Sewer
U1060 Backfill Sewer
FOUNDATION… FOUNDATION & STRUCTURE
FOUNDATION FOUNDATION
FS1110 Footings: Excavation
FS1120 Footings: Install Rebar
FS1130 Footings: Install Templates Pre-Pour Survey
FS1135 Footings: Inspection
FS1140 Footings: Place Concrete
FS1150 Footings: Cure Time / Post Pour Survey
552d 15-Dec-25 17-Feb-28
531d 15-Dec-25 19-Jan-28
0d 15-Dec-25 CC
0d 12-Aug-26
d -A ug-26
0d 18-Sep-26
0d 05-Jan-27
d -F eb-27
0d 05-Mar-27
0d 13-May-27
d -Jun-27
0d 29-Sep-27
0d 12-Oct-27
d -No v-27
0d 05-Nov-27
0d 28-Dec-27 CC
0d 19-Jan-28
164d 22-Dec-25 11-Aug-26
72d 22-Dec-25 02-Apr-26
d -De c-25 -De c-25
15d 30-Dec-25 20-Jan-26
10d 30-Dec-25 13-Jan-26
d -Jan-26 -Apr-26
26d 07-Jul-26 11-Aug-26
20d 07-Jul-26 03-Aug-26
d -Jul-26 -Jul-26
5d 04-Aug-26 10-Aug-26
1d 11-Aug-26 11-Aug-26
d -Jan-26 -A ug-26
1d 14-Jan-26 14-Jan-26
65d 03-Apr-26 06-Jul-26
d -Jul-26 -Jul-26
10d 21-Jul-26 03-Aug-26
5d 04-Aug-26 10-Aug-26
d -A ug-26 -A ug-26
402d 15-Jan-26 12-Aug-27
215d 12-Aug-26 17-Jun-27
d -Jul-26 -A ug-27
15d 15-Jan-26 04-Feb-26
75d 21-Jul-26 03-Nov-26
d 12-Aug-26 17-Feb-28
d -Jan-26 -F eb-28
8d 15-Jan-26 26-Jan-26
d 15-Jan-26 19-Jan-26
d -Jan-26 -Jan-26
5d 20-Jan-26 26-Jan-26
d 27-Jan-26 01-Apr-26
3d 27-Jan-26 29-Jan-26
14d 05-Feb-26 24-Feb-26
d 05-Feb-26 01-Apr-26
21d 26-Aug-26 24-Sep-26
6d 26-Aug-26 02-Sep-26
d 03-Sep-26 03-Sep-26
d -Sep-26 -Sep-26
2d 21-Sep-26 22-Sep-26
d 23-Sep-26 24-Sep-26
d -Sep-26 -De c-26
1d 25-Sep-26 25-Sep-26
d 04-Nov-26 05-Nov-26
d -No v-26 -No v-26
2d 16-Nov-26 17-Nov-26
d 18-Nov-26 24-Nov-26
d -No v-26 -No v-26
5d 01-Dec-26 07-Dec-26
d 08-Dec-26 09-Dec-26
d -De c-26 -Mar-27
17d 10-Dec-26 05-Jan-27
3d 10-Dec-26 14-Dec-26
d -De c-26 -De c-26
3d 22-Dec-26 24-Dec-26
d 24-Dec-26 24-Dec-26
d -De c-26 -De c-26
5d 29-Dec-26 05-Jan-27
2025 2026 2027 2028
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul
City of Palm Desert LibraryCity of Palm Desert Library
MILESTONESMILESTONESMILESTONESMILESTONESMILESTONES
NTP- Phase 1NTP- Phase 1NTP- Phase 1NTP- Phase 1NTP- Phase 1
NTP - Phase 2NTP - Phase 2NTP - Phase 2NTP - Phase 2NTP - Phase 2
Site Demo CompleteSite Demo CompleteSite Demo CompleteSite Demo CompleteSite Demo Complete
Building Pad CertifiedBuilding Pad CertifiedBuilding Pad CertifiedBuilding Pad CertifiedBuilding Pad Certified
Foundations CompleteFoundations CompleteFoundations CompleteFoundations CompleteFoundations Complete
S.O.G. Concrete CompleteS.O.G. Concrete CompleteS.O.G. Concrete CompleteS.O.G. Concrete CompleteS.O.G. Concrete Complete
Structural Steel CompleteStructural Steel CompleteStructural Steel CompleteStructural Steel CompleteStructural Steel Complete
Roof CompleteRoof CompleteRoof CompleteRoof CompleteRoof Complete
Interior Drywall CompleteInterior Drywall CompleteInterior Drywall CompleteInterior Drywall CompleteInterior Drywall Complete
Building Exterior CompleteBuilding Exterior CompleteBuilding Exterior CompleteBuilding Exterior CompleteBuilding Exterior Complete
Energize BuildingEnergize BuildingEnergize BuildingEnergize BuildingEnergize Building
Fire Alarm Sign OffFire Alarm Sign OffFire Alarm Sign OffFire Alarm Sign OffFire Alarm Sign Off
Site Work CompleteSite Work CompleteSite Work CompleteSite Work CompleteSite Work Complete
Substantial CompletionSubstantial CompletionSubstantial CompletionSubstantial CompletionSubstantial Completion
Owner OccupancyOwner OccupancyOwner OccupancyOwner OccupancyOwner Occupancy
PHASE 1: DESIGN ADVANCEMENT & GMP DEVELOPMENTPHASE 1: DESIGN ADVANCEMENT & GMP DEVELOPMENTPHASE 1: DESIGN ADVANCEMENT & GMP DEVELOPMENTPHASE 1: DESIGN ADVANCEMENT & GMP DEVELOPMENTPHASE 1: DESIGN ADVANCEMENT & GMP DEVELOPMENT
Design AdvancementDesign AdvancementDesign AdvancementDesign AdvancementDesign Advancement
Kickoff & Design Review InitiationKickoff & Design Review InitiationKickoff & Design Review InitiationKickoff & Design Review InitiationKickoff & Design Review Initiation
Completion of Design Validation ReportCompletion of Design Validation ReportCompletion of Design Validation ReportCompletion of Design Validation ReportCompletion of Design Validation Report
Review Prelim Program, Budget and ScheduleReview Prelim Program, Budget and ScheduleReview Prelim Program, Budget and ScheduleReview Prelim Program, Budget and ScheduleReview Prelim Program, Budget and Schedule
Design Development DocumentsDesign Development DocumentsDesign Development DocumentsDesign Development DocumentsDesign Development Documents
GMP DevelopmentGMP DevelopmentGMP DevelopmentGMP DevelopmentGMP Development
BID Period (Plan Check Drawings)BID Period (Plan Check Drawings)BID Period (Plan Check Drawings)BID Period (Plan Check Drawings)BID Period (Plan Check Drawings)
Early Procurement Cost ApprovalEarly Procurement Cost ApprovalEarly Procurement Cost ApprovalEarly Procurement Cost ApprovalEarly Procurement Cost Approval
GMP Submission to CityGMP Submission to CityGMP Submission to CityGMP Submission to CityGMP Submission to City
City GMP Review and ApprovalCity GMP Review and ApprovalCity GMP Review and ApprovalCity GMP Review and ApprovalCity GMP Review and Approval
Phase 2: Full Design, Abatement, Site Preparation, and ConstructionPhase 2: Full Design, Abatement, Site Preparation, and ConstructionPhase 2: Full Design, Abatement, Site Preparation, and ConstructionPhase 2: Full Design, Abatement, Site Preparation, and ConstructionPhase 2: Full Design, Abatement, Site Preparation, and Construction
Demo PermitDemo PermitDemo PermitDemo PermitDemo Permit
Construction DocumentsConstruction DocumentsConstruction DocumentsConstruction DocumentsConstruction Documents
Plan Check #1Plan Check #1Plan Check #1Plan Check #1Plan Check #1
Plan Check #1 Comment RevisionsPlan Check #1 Comment RevisionsPlan Check #1 Comment RevisionsPlan Check #1 Comment RevisionsPlan Check #1 Comment Revisions
Plan Check 2nd Round and Architectural Review Board ApprovalPlan Check 2nd Round and Architectural Review Board ApprovalPlan Check 2nd Round and Architectural Review Board ApprovalPlan Check 2nd Round and Architectural Review Board ApprovalPlan Check 2nd Round and Architectural Review Board Approval
Building PermitBuilding PermitBuilding PermitBuilding PermitBuilding Permit
EARLY PROCUREMENT PACKAGESEARLY PROCUREMENT PACKAGESEARLY PROCUREMENT PACKAGESEARLY PROCUREMENT PACKAGESEARLY PROCUREMENT PACKAGES
MECHANICAL EQUIPMENT EARLY RELEASEMECHANICAL EQUIPMENT EARLY RELEASEMECHANICAL EQUIPMENT EARLY RELEASEMECHANICAL EQUIPMENT EARLY RELEASEMECHANICAL EQUIPMENT EARLY RELEASE
MAIN ELECTRICAL, PV SYSTEM, GENERATOR EQUIPMENT EARLY RELEASEMAIN ELECTRICAL, PV SYSTEM, GENERATOR EQUIPMENT EARLY RELEASEMAIN ELECTRICAL, PV SYSTEM, GENERATOR EQUIPMENT EARLY RELEASEMAIN ELECTRICAL, PV SYSTEM, GENERATOR EQUIPMENT EARLY RELEASEMAIN ELECTRICAL, PV SYSTEM, GENERATOR EQUIPMENT EARLY RELEASE
ABATEMENTABATEMENTABATEMENTABATEMENTABATEMENT
STORM DRAINAGE BASIN EARLY RELEASESTORM DRAINAGE BASIN EARLY RELEASESTORM DRAINAGE BASIN EARLY RELEASESTORM DRAINAGE BASIN EARLY RELEASESTORM DRAINAGE BASIN EARLY RELEASE
SUBMITTALS / PROCUREMENTSUBMITTALS / PROCUREMENTSUBMITTALS / PROCUREMENTSUBMITTALS / PROCUREMENTSUBMITTALS / PROCUREMENT
MUNICIPAL LIBRARY & COMMUNITY MUNICIPAL LIBRARY & COMMUNITY MUNICIPAL LIBRARY & COMMUNITY MUNICIPAL LIBRARY & COMMUNITY MUNICIPAL LIBRARY & COMMUNITY
MOBILIZATION & TEMP FACILITIESMOBILIZATION & TEMP FACILITIESMOBILIZATION & TEMP FACILITIESMOBILIZATION & TEMP FACILITIESMOBILIZATION & TEMP FACILITIES
Install Temp Fence / Portable RestroomsInstall Temp Fence / Portable RestroomsInstall Temp Fence / Portable RestroomsInstall Temp Fence / Portable RestroomsInstall Temp Fence / Portable Restrooms
Install Construction EntrancesInstall Construction EntrancesInstall Construction EntrancesInstall Construction EntrancesInstall Construction Entrances
Install SWPPP BMP'sInstall SWPPP BMP'sInstall SWPPP BMP'sInstall SWPPP BMP'sInstall SWPPP BMP's
BUILDING & SITE DEMO EARLY PACKAGE PRIOR TO PHASE 2 NTPBUILDING & SITE DEMO EARLY PACKAGE PRIOR TO PHASE 2 NTPBUILDING & SITE DEMO EARLY PACKAGE PRIOR TO PHASE 2 NTPBUILDING & SITE DEMO EARLY PACKAGE PRIOR TO PHASE 2 NTPBUILDING & SITE DEMO EARLY PACKAGE PRIOR TO PHASE 2 NTP
SAFE OFF / CUT & CAPSAFE OFF / CUT & CAPSAFE OFF / CUT & CAPSAFE OFF / CUT & CAPSAFE OFF / CUT & CAP
ABATEMENTABATEMENTABATEMENTABATEMENTABATEMENT
BUILDING DEMO & SITE DEMOBUILDING DEMO & SITE DEMOBUILDING DEMO & SITE DEMOBUILDING DEMO & SITE DEMOBUILDING DEMO & SITE DEMO
RELOCATION UTILITIES/SITE OX / GRADINGRELOCATION UTILITIES/SITE OX / GRADINGRELOCATION UTILITIES/SITE OX / GRADINGRELOCATION UTILITIES/SITE OX / GRADINGRELOCATION UTILITIES/SITE OX / GRADING
Relocate UtilitiesRelocate UtilitiesRelocate UtilitiesRelocate UtilitiesRelocate Utilities
Survey Building Pad / CornersSurvey Building Pad / CornersSurvey Building Pad / CornersSurvey Building Pad / CornersSurvey Building Pad / Corners
OX/Import Soil / Building PadOX/Import Soil / Building PadOX/Import Soil / Building PadOX/Import Soil / Building PadOX/Import Soil / Building Pad
Survey Driveway / Parking Lot / Retention BasinSurvey Driveway / Parking Lot / Retention BasinSurvey Driveway / Parking Lot / Retention BasinSurvey Driveway / Parking Lot / Retention BasinSurvey Driveway / Parking Lot / Retention Basin
Driveway & Parking Lot: Rough GradeDriveway & Parking Lot: Rough GradeDriveway & Parking Lot: Rough GradeDriveway & Parking Lot: Rough GradeDriveway & Parking Lot: Rough Grade
UG UTILITIESUG UTILITIESUG UTILITIESUG UTILITIESUG UTILITIES
Survey UG UtilitiesSurvey UG UtilitiesSurvey UG UtilitiesSurvey UG UtilitiesSurvey UG Utilities
Trench FW / SD/ Driveway / Retention BasinTrench FW / SD/ Driveway / Retention BasinTrench FW / SD/ Driveway / Retention BasinTrench FW / SD/ Driveway / Retention BasinTrench FW / SD/ Driveway / Retention Basin
Install FW / SD @ Driveway / Retention BasinInstall FW / SD @ Driveway / Retention BasinInstall FW / SD @ Driveway / Retention BasinInstall FW / SD @ Driveway / Retention BasinInstall FW / SD @ Driveway / Retention Basin
Backfill FW / SD @ Driveway / Retention BasinBackfill FW / SD @ Driveway / Retention BasinBackfill FW / SD @ Driveway / Retention BasinBackfill FW / SD @ Driveway / Retention BasinBackfill FW / SD @ Driveway / Retention Basin
Install FW BFP / FDC / PIV / HydrantInstall FW BFP / FDC / PIV / HydrantInstall FW BFP / FDC / PIV / HydrantInstall FW BFP / FDC / PIV / HydrantInstall FW BFP / FDC / PIV / Hydrant
Trench SewerTrench SewerTrench SewerTrench SewerTrench Sewer
Install SewerInstall SewerInstall SewerInstall SewerInstall Sewer
Backfill SewerBackfill SewerBackfill SewerBackfill SewerBackfill Sewer
FOUNDATION & STRUCTUREFOUNDATION & STRUCTUREFOUNDATION & STRUCTUREFOUNDATION & STRUCTUREFOUNDATION & STRUCTURE
FOUNDATIONFOUNDATIONFOUNDATIONFOUNDATIONFOUNDATION
Footings: ExcavationFootings: ExcavationFootings: ExcavationFootings: ExcavationFootings: Excavation
Footings: Install RebarFootings: Install RebarFootings: Install RebarFootings: Install RebarFootings: Install Rebar
Footings: Install Templates Pre-Pour SurveyFootings: Install Templates Pre-Pour SurveyFootings: Install Templates Pre-Pour SurveyFootings: Install Templates Pre-Pour SurveyFootings: Install Templates Pre-Pour Survey
Footings: InspectionFootings: InspectionFootings: InspectionFootings: InspectionFootings: Inspection
Footings: Place ConcreteFootings: Place ConcreteFootings: Place ConcreteFootings: Place ConcreteFootings: Place Concrete
Footings: Cure Time / Post Pour SurveyFootings: Cure Time / Post Pour SurveyFootings: Cure Time / Post Pour SurveyFootings: Cure Time / Post Pour SurveyFootings: Cure Time / Post Pour Survey
ID Name
Planned
531
31Tilden-Coil Constructors + Holt Architecture
Perceived Risks and Mitigation
The primary project risk centers on budget alignment and
potential delays if design advancement pauses while the
City evaluates funding and design decisions. To mitigate
this, our team will convene an immediate Budget Alignment
Workshop with the City, design team, and stakeholders at
project kickoff. This facilitated session will establish strategic
cost priorities, define decision thresholds, and align the
design-to-budget trajectory before detailed design proceeds.
By resolving budget issues early and collaboratively, we
prevent downstream design pauses, maintain schedule
momentum, and protect the City’s project timeline and
financial objectives.
Download a viewable/printable
version of the schedule here.
Printed: 28-Oct-25 12:19 p.m.City of Palm Desert Library Page: 2 of 2
View: 1. Std Presentation
rogress ummary
ritical
Date Revision Checked Approved
STRUCTURA… STRUCTURAL STEEL / DECKING
FS1220 Erect Structural Steel: Columns & Beams
FS1270 Erect Structural Steel: Plumb / Weld
FS1280 Install Bent Plate / Safety Cable
FS1300 Install Metal Decking
FS1320 Grout Base Plates
SLAB ON GR… SLAB ON GRADE
BUILDING EX… BUILDING EXTERIOR
BE1000 Exterior Framing: Layout
BE1010 Exterior Framing: Install Bottom Track
BE1020 Set Exterior Scaffold
BE1030 Exterior Framing: Install Clips / Top Track
BE1040 Exterior Framing: Install Studs / Headers / Sills
BE1070 Exterior Framing: Install Bridge Clips / Bridging
BE1060 Exterior In-Wall Electrical LV / FA Rough-In
BE1050 Exterior In-Wall Plumbing / RD Rough-In
BE1080 Install Exterior Gypsum
BE1090 Install Weather Barrier
BE1120 Install Metal Lath System
BE1140 Plaster System: Scratch Coat
BE1150 Plaster System: Scratch Coat Cure Time
BE1160 Plaster System: Brown Coat
BE1170 Plaster System: Brown Coat Cure Time
BE1180 Plaster System: Color Coat
BE1190 Plaster System: Color Coat Cure Time
BE1100 Instal Natural Stone Cladding System- North
BE1200 Install Sheet Metal Flashing @ Sills / Fins
BE1210 Install Aluminum Store Front Window Frames / Door Frames
BE1110 Instal Natural Stone Cladding System - East
BE1220 Install Aluminum Curtain Wall Window Frames
BE1130 Instal Natural Stone Cladding System- South
BE1230 Install Glass / Caulking
BE1240 Remove Scaffolding
BE1250 Exterior Paint
BE1115 Instal Natural Stone Cladding System - West
BE1245 Install Specialty Railings
BE1260 Install Electrical / Lighting / FA Finish Trim
BE1270 Install Plumbing Trim Finish
BE1280 Install Shade Screen System
ROOF ROOF
BUILDING INT… BUILDING INTERIOR
INTERIOR INTERIOR
SITE WORK SITE WORK
IB 09 - TESTI… IB 09 - TESTING & COMMISSIONING
IB 09 - PUNC… IB 09 - PUNCHLIST & CLOSEOUT
PC1000 Final Clean -
PC1030 QAQC/WTC -
PC1040 Weather Contingency
PC1050 Substantial Completion -
PC1010 Punchlist Development
PC1060 Owner Move In / Occupancy -
PC1020 Punchlist Progress / Completion
PC1070 Project Closeout -
PC1080 Project Complete
16d 12-Feb-27 05-Mar-27
3d 12-Feb-27 16-Feb-27
5d 17-Feb-27 23-Feb-27
d -F eb-27 -F eb-27
3d 01-Mar-27 03-Mar-27
2d 04-Mar-27 05-Mar-27
27d 06-Jan-27 11-Feb-27
145d 08-Mar-27 29-Sep-27
2d 08-Mar-27 09-Mar-27
d -Mar-27 -Mar-27
2d 10-Mar-27 11-Mar-27
3d 12-Mar-27 16-Mar-27
d -Mar-27 -Mar-27
3d 31-Mar-27 02-Apr-27
5d 31-Mar-27 06-Apr-27
d -Mar-27 -Apr-27
10d 05-Apr-27 16-Apr-27
10d 19-Apr-27 30-Apr-27
d -Ma y-27 -Ma y-27
6d 17-May-27 24-May-27
3d 25-May-27 27-May-27
d -Ma y-27 -Jun-27
7d 03-Jun-27 11-Jun-27
9d 14-Jun-27 24-Jun-27
d -Jun-27 -Jun-27
5d 29-Jun-27 06-Jul-27
3d 29-Jun-27 01-Jul-27
d -Jul-27 -Jul-27
6d 07-Jul-27 14-Jul-27
7d 12-Jul-27 20-Jul-27
d -Jul-27 -Jul-27
4d 21-Jul-27 26-Jul-27
3d 27-Jul-27 29-Jul-27
d -Jul-27 -A ug-27
6d 29-Jul-27 05-Aug-27
10d 30-Jul-27 12-Aug-27
d -A ug-27 -A ug-27
2d 16-Aug-27 17-Aug-27
30d 18-Aug-27 29-Sep-27
d -Mar-27 -Jul-27
145d 05-Apr-27 27-Oct-27
145d 05-Apr-27 27-Oct-27
70d 30-Jul-27 05-Nov-27
27d 29-Sep-27 04-Nov-27
69d 08-Nov-27 17-Feb-28
d -No v-27 -No v-27
10d 12-Nov-27 29-Nov-27
20d 30-Nov-27 28-Dec-27
d -De c-27
2d 29-Dec-27 30-Dec-27
15d 29-Dec-27 19-Jan-28
d -Jan-28 -Jan-28
20d 20-Jan-28 16-Feb-28
1d 17-Feb-28 17-Feb-28
2025 2026 2027 2028
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul
STRUCTURAL STEEL / DECKINGSTRUCTURAL STEEL / DECKINGSTRUCTURAL STEEL / DECKINGSTRUCTURAL STEEL / DECKINGSTRUCTURAL STEEL / DECKING
Erect Structural Steel: Columns & BeamsErect Structural Steel: Columns & BeamsErect Structural Steel: Columns & BeamsErect Structural Steel: Columns & BeamsErect Structural Steel: Columns & Beams
Erect Structural Steel: Plumb / WeldErect Structural Steel: Plumb / WeldErect Structural Steel: Plumb / WeldErect Structural Steel: Plumb / WeldErect Structural Steel: Plumb / Weld
Install Bent Plate / Safety CableInstall Bent Plate / Safety CableInstall Bent Plate / Safety CableInstall Bent Plate / Safety CableInstall Bent Plate / Safety Cable
Install Metal DeckingInstall Metal DeckingInstall Metal DeckingInstall Metal DeckingInstall Metal Decking
Grout Base PlatesGrout Base PlatesGrout Base PlatesGrout Base PlatesGrout Base Plates
SLAB ON GRADESLAB ON GRADESLAB ON GRADESLAB ON GRADESLAB ON GRADE
BUILDING EXTERIORBUILDING EXTERIORBUILDING EXTERIORBUILDING EXTERIORBUILDING EXTERIOR
Exterior Framing: LayoutExterior Framing: LayoutExterior Framing: LayoutExterior Framing: LayoutExterior Framing: Layout
Exterior Framing: Install Bottom TrackExterior Framing: Install Bottom TrackExterior Framing: Install Bottom TrackExterior Framing: Install Bottom TrackExterior Framing: Install Bottom Track
Set Exterior ScaffoldSet Exterior ScaffoldSet Exterior ScaffoldSet Exterior ScaffoldSet Exterior Scaffold
Exterior Framing: Install Clips / Top TrackExterior Framing: Install Clips / Top TrackExterior Framing: Install Clips / Top TrackExterior Framing: Install Clips / Top TrackExterior Framing: Install Clips / Top Track
Exterior Framing: Install Studs / Headers / SillsExterior Framing: Install Studs / Headers / SillsExterior Framing: Install Studs / Headers / SillsExterior Framing: Install Studs / Headers / SillsExterior Framing: Install Studs / Headers / Sills
Exterior Framing: Install Bridge Clips / BridgingExterior Framing: Install Bridge Clips / BridgingExterior Framing: Install Bridge Clips / BridgingExterior Framing: Install Bridge Clips / BridgingExterior Framing: Install Bridge Clips / Bridging
Exterior In-Wall Electrical LV / FA Rough-InExterior In-Wall Electrical LV / FA Rough-InExterior In-Wall Electrical LV / FA Rough-InExterior In-Wall Electrical LV / FA Rough-InExterior In-Wall Electrical LV / FA Rough-In
Exterior In-Wall Plumbing / RD Rough-InExterior In-Wall Plumbing / RD Rough-InExterior In-Wall Plumbing / RD Rough-InExterior In-Wall Plumbing / RD Rough-InExterior In-Wall Plumbing / RD Rough-In
Install Exterior GypsumInstall Exterior GypsumInstall Exterior GypsumInstall Exterior GypsumInstall Exterior Gypsum
Install Weather BarrierInstall Weather BarrierInstall Weather BarrierInstall Weather BarrierInstall Weather Barrier
Install Metal Lath SystemInstall Metal Lath SystemInstall Metal Lath SystemInstall Metal Lath SystemInstall Metal Lath System
Plaster System: Scratch CoatPlaster System: Scratch CoatPlaster System: Scratch CoatPlaster System: Scratch CoatPlaster System: Scratch Coat
Plaster System: Scratch Coat Cure TimePlaster System: Scratch Coat Cure TimePlaster System: Scratch Coat Cure TimePlaster System: Scratch Coat Cure TimePlaster System: Scratch Coat Cure Time
Plaster System: Brown CoatPlaster System: Brown CoatPlaster System: Brown CoatPlaster System: Brown CoatPlaster System: Brown Coat
Plaster System: Brown Coat Cure TimePlaster System: Brown Coat Cure TimePlaster System: Brown Coat Cure TimePlaster System: Brown Coat Cure TimePlaster System: Brown Coat Cure Time
Plaster System: Color CoatPlaster System: Color CoatPlaster System: Color CoatPlaster System: Color CoatPlaster System: Color Coat
Plaster System: Color Coat Cure TimePlaster System: Color Coat Cure TimePlaster System: Color Coat Cure TimePlaster System: Color Coat Cure TimePlaster System: Color Coat Cure Time
Instal Natural Stone Cladding System- NorthInstal Natural Stone Cladding System- NorthInstal Natural Stone Cladding System- NorthInstal Natural Stone Cladding System- NorthInstal Natural Stone Cladding System- North
Install Sheet Metal Flashing @ Sills / FinsInstall Sheet Metal Flashing @ Sills / FinsInstall Sheet Metal Flashing @ Sills / FinsInstall Sheet Metal Flashing @ Sills / FinsInstall Sheet Metal Flashing @ Sills / Fins
Install Aluminum Store Front Window Frames / Door FramesInstall Aluminum Store Front Window Frames / Door FramesInstall Aluminum Store Front Window Frames / Door FramesInstall Aluminum Store Front Window Frames / Door FramesInstall Aluminum Store Front Window Frames / Door Frames
Instal Natural Stone Cladding System - EastInstal Natural Stone Cladding System - EastInstal Natural Stone Cladding System - EastInstal Natural Stone Cladding System - EastInstal Natural Stone Cladding System - East
Install Aluminum Curtain Wall Window FramesInstall Aluminum Curtain Wall Window FramesInstall Aluminum Curtain Wall Window FramesInstall Aluminum Curtain Wall Window FramesInstall Aluminum Curtain Wall Window Frames
Instal Natural Stone Cladding System- SouthInstal Natural Stone Cladding System- SouthInstal Natural Stone Cladding System- SouthInstal Natural Stone Cladding System- SouthInstal Natural Stone Cladding System- South
Install Glass / CaulkingInstall Glass / CaulkingInstall Glass / CaulkingInstall Glass / CaulkingInstall Glass / Caulking
Remove ScaffoldingRemove ScaffoldingRemove ScaffoldingRemove ScaffoldingRemove Scaffolding
Exterior PaintExterior PaintExterior PaintExterior PaintExterior Paint
Instal Natural Stone Cladding System - WestInstal Natural Stone Cladding System - WestInstal Natural Stone Cladding System - WestInstal Natural Stone Cladding System - WestInstal Natural Stone Cladding System - West
Install Specialty RailingsInstall Specialty RailingsInstall Specialty RailingsInstall Specialty RailingsInstall Specialty Railings
Install Electrical / Lighting / FA Finish TrimInstall Electrical / Lighting / FA Finish TrimInstall Electrical / Lighting / FA Finish TrimInstall Electrical / Lighting / FA Finish TrimInstall Electrical / Lighting / FA Finish Trim
Install Plumbing Trim FinishInstall Plumbing Trim FinishInstall Plumbing Trim FinishInstall Plumbing Trim FinishInstall Plumbing Trim Finish
Install Shade Screen SystemInstall Shade Screen SystemInstall Shade Screen SystemInstall Shade Screen SystemInstall Shade Screen System
ROOFROOFROOFROOFROOF
BUILDING INTERIORBUILDING INTERIORBUILDING INTERIORBUILDING INTERIORBUILDING INTERIOR
INTERIORINTERIORINTERIORINTERIORINTERIOR
SITE WORKSITE WORKSITE WORKSITE WORKSITE WORK
IB 09 - TESTING & COMMISSIONINGIB 09 - TESTING & COMMISSIONINGIB 09 - TESTING & COMMISSIONINGIB 09 - TESTING & COMMISSIONINGIB 09 - TESTING & COMMISSIONING
IB 09 - PUNCHLIST & CLOSEOUTIB 09 - PUNCHLIST & CLOSEOUTIB 09 - PUNCHLIST & CLOSEOUTIB 09 - PUNCHLIST & CLOSEOUTIB 09 - PUNCHLIST & CLOSEOUT
Final Clean -Final Clean -Final Clean -Final Clean -Final Clean -
QAQC/WTC -QAQC/WTC -QAQC/WTC -QAQC/WTC -QAQC/WTC -
Weather ContingencyWeather ContingencyWeather ContingencyWeather ContingencyWeather Contingency
Substantial Completion -Substantial Completion -Substantial Completion -Substantial Completion -Substantial Completion -
Punchlist DevelopmentPunchlist DevelopmentPunchlist DevelopmentPunchlist DevelopmentPunchlist Development
Owner Move In / Occupancy -Owner Move In / Occupancy -Owner Move In / Occupancy -Owner Move In / Occupancy -Owner Move In / Occupancy -
Punchlist Progress / CompletionPunchlist Progress / CompletionPunchlist Progress / CompletionPunchlist Progress / CompletionPunchlist Progress / Completion
Project Closeout -Project Closeout -Project Closeout -Project Closeout -Project Closeout -
Project CompleteProject CompleteProject CompleteProject CompleteProject Complete
ID Name
Planned
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Construction Logistics
Our construction logistics approach has been shaped by our team’s experience working within the Palm Desert Civic Center Park, where
we successfully completed both the City Hall Lobby Remodel and the Desert Recreation District Community Center. Both Projects that
required coordination with ongoing public operations, events, and park activities. This firsthand familiarity with the site’s environment,
circulation patterns, and community priorities allows us to plan a construction approach that minimizes disruption while maintaining
safety and accessibility.
Our logistics plan will maintain uninterrupted access to existing parking areas, walkways, and the adjacent park. Clear pedestrian pathways
and directional signage will be established early, and fencing and screening will define secure construction zones while preserving an
attractive and orderly site perimeter.
All work will comply with the City of Palm Desert Noise Control Ordinances, with construction hours limited to 7:00 a.m.–5:30 p.m.
(October 1–April 30) and 5:30 a.m.–7:00 p.m. (May 1–September 30). Deliveries will be scheduled to avoid event traffic and peak park
usage, and flagging personnel will be used during large equipment deliveries or material off-loading. Parking outside fenced construction
areas will be strictly prohibited, and offsite storage or laydown areas will be coordinated directly with the City to ensure compatibility
with park operations.
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Cost Development
Unlike traditional segmented processes, our Progressive Design-Build approach integrates continuous estimating and trade input directly
into the design process, preventing scope creep and ensuring constructability and cost predictability from the start.
Target Value Design and Cost Model Development
At project initiation, we will refine the baseline cost model using City and stakeholder feedback to confirm project goals, functional
priorities, and budget targets. Each system: architectural, structural, mechanical, and site, will receive real-time cost feedback from trade
partners. Our Target Value Design process will continuously measure progress against the budget through our Design Evolution Log, a
live tracking tool that records all design decisions, accepted and pending changes, and their associated cost impacts. This transparent
process allows the City to see, in real time, how design refinements affect the overall cost and schedule, eliminating surprises and
unnecessary redesign.
Date: 10/27/20
DESCRIPTION COST
UPDATED UNIT
COST QTY T-C COST
SAVINGS/
REDUCTION
TOTAL
REDUCTION
(ROM) ESTIMATE NOTES
Owner Accepted /
Rejected
1 Light Fixture Package Alternates 92,000$
Alternate lighting package -$ (92,000.00)$ 1 -$ 92,000$
2 Lighting Inverter 56,000$
Eliminate the 2 lighting inverters -$ (56,000.00)$ 1 -$
Generator -$
1 -$
Fencing 210,000$
Site Concrete vs Site Pavers -$
pavers -$ 73,250.00$ 1 -$ (73,250)$
provide concrete in place -$ (150,000.00)$ 1 -$ 150,000$
Skylight Roller Shades 74,000$
1 -$
New Trees -$
1 75,000$
North Parking Lot Pavers 116,500$
1 -$
Total 548,500.00$ -$
Sample Client / Project
Refer to the proposed alternate submittal package
Design Evolution Log
Provide custom fence ILO specified manufactured fencing. There will
need to be a cost to paint fence Accepted
Cost to install 4 new trees is $5k more than relocating existing trees
but come with a warranty. Client to discuss with Jacinto for possible
tree donation which would result in additional savings
Rejected
Accepted
with Larry Jacinto
Concrete to be finished with topcast in 6'x6' sections
The 500KW (800amp) generator should suffice over the inverters.
Added VE in the enclosure
Keep the 2 lighting inverters and remove the generator. Added VE in
the enclosure
Accepted
pending design
team review
power requirements as well
Accepted
pending design
team review
Rejected
Accepted
Budget Alignment Strategies
Our initial analysis indicates the bridging design, while visually compelling, does not respect the City’s budget parameters. To realign
scope with the City’s target, we will explore:
• Simplifying and decoupling structural systems from the canopy structures;
• Optimizing material selections—balancing stone, plaster, and metal to maintain architectural intent at reduced cost;
• Evaluating mechanical system alternatives for lifecycle savings and efficiency;
• Refining grading, fill, and sitework quantities based on updated geotechnical and civil data.
These adjustments, developed collaboratively with the City during Phase 1, will bring the project into fiscal balance without
compromising design quality or civic character.
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Grading
A drone aerial survey and detailed earthwork
quantity takeoff were completed to verify existing
site conditions and grading requirements. The
analysis confirmed the anticipated import of fill
to achieve the proposed finished floor elevations.
These findings align with the City’s expectations
and provide early validation of site balance
assumptions. With this information, the team can
begin early coordination for sourcing and testing
suitable fill material to ensure quality and schedule
reliability. The accompanying cut/fill mapping
illustrates the existing and proposed contours,
helping visualize how the site will be brought to
final grade.
Estimating, Value Engineering, and Risk Management
Our preconstruction team will issue milestone estimates, with continuous updates through our Design Evolution process. Value
engineering is treated as a design enhancement activity, ensuring that performance and aesthetics remain intact. Risk will be tracked
in a Risk and Opportunity Register, reviewed weekly with the City, addressing procurement lead times, utility coordination, and event
scheduling around Civic Center Park.
GMP Development and Transparency
At the plan check phase, the GMP will become a formalization of the known cost, not a discovery. Final subcontractor scopes will be clearly
defined by Tilden-Coil’s preconstruction team to avoid overlap or gaps. Subcontractors will be selected using a best value approach,
emphasizing qualifications, cost completeness, local participation, and alignment with City expectations. All bid results, analyses, and
GMP breakdowns will be presented in an open-book format for City review and approval, including fee, general conditions, contingencies,
and allowances.
Through this disciplined, transparent process, the City will have complete confidence that the Palm Desert Library’s design, scope, and
cost remain aligned from concept through GMP approval and construction completion.
At the conclusion of our open-book bidding process we provide an
organized GMP binder for the City to review. This binder typically
includes the following contents:
1. Cost of the Work Summary
2. General Conditions / General Requirements Breakdown
3. List of Allowances
4. Clarifications and Assumptions
5. List of Contract Documents
6. Construction Schedule
7. Bid Analysis
8. Subcontractor Solicitation Results
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Self-Performance, Subcon -
tracted Work
Tilden-Coil Constructors maintains full capability to self-
perform trade work on a project-project basis and can
confirm our ability to meet the City’s expectations on a
project of this size.
A specific self-perform plan will be developed during
the bidding/scoping phase of the project. Typically, we
evaluate opportunities to self-perform carpentry and
other select miscellaneous trades.
Subcontractor Selection
Our Progressive Design-Build process is structured
to deliver the optimal balance between early design
collaboration and competitive market value. Unlike
traditional design-build teams that rely heavily on design-
build subcontractors during early phases, Tilden-Coil
takes a more strategic approach that emphasizes broad
competition, flexibility, and owner value.
During the design phases, we engage engineering
consultants, rather than full design-build subcontractors,
for their discipline-specific expertise and ability to
support the architect in advancing coordinated, code-
compliant documents. This approach maintains design
neutrality and allows us to competitively bid each major
trade package later in the process when the design is
more fully defined. By doing so, we preserve maximum
trade competition and achieve true market pricing, which
translates directly into cost savings or added scope for the
City of Palm Desert.
Early input will be sought from key subcontractors in
areas such as mechanical, electrical, plumbing, and civil
systems to validate design decisions, identify cost and
schedule efficiencies, and confirm constructability. At
the right time, we will competitively bid each scope to
multiple prequalified subcontractors, ensuring pricing
accuracy, fairness, and transparency under our open-
book GMP process.
This subcontractor selection strategy, collaborative early
engagement followed by competitive procurement, is
a cornerstone of Tilden-Coil’s Progressive Design-Build
methodology. It fosters innovation, maintains design
integrity, and ensures the City receives the best value and
most complete scope within its established budget.
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Utility Coordination
Understanding of the existing conditions and underlying infrastructure of a site and/or
building is invaluable data that is used during preconstruction to plan for construction.
The more we understand the existing conditions the better we can coordinate the new
work with these conditions with the goal of reducing surprises in the field.
Ultimately this effort saves costs in two ways; more competitive bid results are realized
when construction documents are well coordinated and clear; and change orders are
reduced due to less field conflicts and unforeseen conditions.
Our team has the experience and expertise to assist our clients with gathering,
interpreting and putting this information to use. When requested our team can provide
the following services.
• Utility location - Our team can take the lead procuring and managing a third
party utility location service which may utilize location methods such as ground
penetrating radar (GPR), potholing, CCTV or others. We then work with the service
provider to map the utilities and incorporate the data into the building information
model for use during design and construction.
• Utility Coordination - Our team works directly with the design team to accurately
route the new underground utilities around the existing utilities, building
foundation systems, and future planned work.
• Site Capture - Through the implementation of our in-house laser scanner our
team is able to it accurately scan existing site conditions in 3D which can be used
to produce accurate topographic surveys and measure dirt quantities prior to bid.
We can align this precise point cloud data with civil survey control and continually
monitor through the use of our own digital total station.
• Drone survey - Similar to site capture above, our team utilizes drones to capture
both 2D and 3D site information which can be used during the planning and
construction phase of the project.
• Quality Control During Installation - During construction our team utilizes
our in-house robotic total station and drone aerials in order to ensure accurate
installation of underground utilities. As-built conditions as documented using the
methods above are overlaid with the Building Information Model in order to reveal
any issues with work going in place that day.
Pictured Above: During the grading and
excavation of the Mt. SAC Business and
Computer Technology Complex , our team used
our laser scanner and robotic total station to
document underground utilities as they were
uncovered and subsequently re-buried shortly
thereafter. Laser scanning the precise location of
these utilities allowed the team to integrate the
precise location of all uncovered utilities into the
BIM coordination model and leverage this later
during construction.
Pictured Left: During the preconstruction phase for the Mt. SAC Technology and
Health Building, our team provided services to coordinate design with existing
conditions in order to remove risk of unforeseen issues. This included extensive
investigation, potholing and survey of existing site utilities.
In addition, as increment No.1 of the project was underway to prepare the site for
building construction, our team added over excavation requirements into the model
which showed that newly designed storm and sewer would be inside the grading
limits. We were able to work with trade contractors in a design-assist fashion to
adjust routing to move utilities out of the grading limits. This saved cost for temporary
measures that would have been required to keep active existing utilities functioning
for the campus and allowed us to advance installation of storm and sewer lines
simultaneously with grading operations which would have otherwise been installed
later.
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37Tilden-Coil Constructors + Holt Architecture
Appendices
7.3 Legal Entity of Proposer
Tilden-Coil Constructors, Inc. (Design-Builder) (Proposer) is a California Corporation. Leadership includes:
1. Dayne Brassard, President and CEO
2. Greg Lackey, CFO
3. Brian Jaramillo, COO
4. Jason Howarth, Preconstruction Director (assigned to project)
5. Bryant Ismerio, Project Executive (assigned to project)
6. Rob Krzyszkowski, Production Director (assigned to project)
7. Matt Breyer, Project Executive
8. Marty Greenwood, Project Executive
9. Rob Brykalski, Project Executive
Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all
its powers, rights and privileges in California.
This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this
certificate and does not reflect documents that are pending review or other events that may impact status.
No information is available from this office regarding the financial condition, status of licenses, if any,
business activities or practices of the entity.
Active
Entity Name:
Entity No.:
Registration Date:
Entity Type:
0427243
01/31/1962
Stock Corporation - CA - General
Status:
Formed In:CALIFORNIA
TILDEN-COIL CONSTRUCTORS, INC.
IN WITNESS WHEREOF, I execute this certificate and affix
the Great Seal of the State of California this day of April 24,
2025.
SHIRLEY N. WEBER, PH.D.
Secretary of State
Certificate No.:
To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State
320770423
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38Tilden-Coil Constructors + Holt Architecture
7.4 Financial Statements
Financial Statements have been uploaded to Opengov as a separate confidential document.
Document: 2021/2022/2023/2024 audited financial statements.
Transmitted to: City of Palm Desert
The financial information contained herein is confidential. As a condition to receiving access
to this financial information, you agree to treat all information which is contained herein as
confidential, unless and until such information has been made generally available to the public or
unless the Tilden-Coil Constructors, Inc. agrees in writing to remove this restriction. The financial
information may not, in whole or part, be reproduced or distributed to others without written
permission.
AB 574 provides that “The questionnaires and financial statements shall not be public records
and shall not be open to public inspection; however, records of the names of contractors applying
for prequalification status shall be public records subject to disclosure” under the Public Records
Act. (Section 20101[a]).
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39Tilden-Coil Constructors + Holt Architecture
7.5 Licenses, Registration, and Credentials
General Contractor: Tilden-Coil Constructors, Inc. - 208556, A, B
Designer of Record: Holt Architecture
1. Thomas Howell - C 31626
Engineer of Record: W+R Structural Engineers - Steve Rohy
1. Registered Structural Engineer, CA #S-4341, ID #S-11706
2. Registered Civil Engineer, CO #39469, OR #75625, WA #42184
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40Tilden-Coil Constructors + Holt Architecture
CALIFORNIA DEPARTMENT OF CONSUMER
A F F A I R S
CALIFORNIA ARCHITECTS BOARD
2420 Del Paso Road, Suite 105
Sacramento, CA 95834 916 574-7220 Renewal License.
Architect
License No. C 31626
Receipt No. 52562016
Valid Until: 10/31/2027
FORNIA
THOMAS C HOWELL
60204 PHILLIP COURT
LA QUINTA, CA 92253-7714
In accordance with the Provision of Section 5500 of the Business and Professions Code, the individual named hereon is licensed as an Architect and is subject to the rules
and regulations of the California Architects Board
60204 PHILLIP COURT
LA QUINTA, CA 92253-7714
- - NON-TRANSFERABLE ----- POST IN PUBLIC VIEW - - WAEC 12/31/07.
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41Tilden-Coil Constructors + Holt Architecture
7.6 Bonding Capacity
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44Tilden-Coil Constructors + Holt Architecture
7.7 Insurance
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45Tilden-Coil Constructors + Holt Architecture
7.8-7.9 Workers’ Compensation, Safety Program and Acceptable
Safety Record
Experience Modification Rate
2025 .61
2024 .64
2023 .64
2022 .61
2021 .62
2020 .63
2019 .74
2018 .72
2017 .66
2016 .59
Total Recordable Incident Rate
2025 0 incidents
2024 0 incidents
2023 0 incidents
2022 0 incidents
2021 0 incidents
2020 2 incidents
2019 0 incidents
2018 0 incidents
2017 1 incident
2016 0 incidents
Days Away From Work Cases
2025 0 incidents
2024 0 incidents
2023 0 incidents
2022 0 incidents
2021 0 incidents
2020 0 incidents
2019 0 incidents
2018 0 incidents
2017 1 incident
2016 0 incidents
Fatalities
Tilden-Coil has never experienced a fatality on any of our projects
in the 87 years we have been continually in business.
OSHA Citation History
Tilden-Coil is proud to announce that we had zero (0) serious,
willful, or repeat OSHA citations during the past 5 years.
IIPP
Our Injury and Illness Prevention Program complies with 8 CCR
1509 and Cal/OSHA requirements. A copy can be provided upon
request.
Tilden-Coil will have a full time person (Superintendent) who will
be responsible for safety on-site. A full-time person dedicated to
only safety can be provided at the District’s request.
Safety Program
Our Safety Program consists of multiple parts.
• We have a company safety committee that reviews and
establishes overall safety policy for all staff and all projects.
• We have comprehensive training for our staff. We require
Subcontractor Preparatory Meetings for all subcontractors to
ensure they have a safe start.
• We have a regimen of project walks, inspections, and audits
which ensures layers of redundancy in site inspections.
• We also have a means for tracking the data from our safety
walks, inspections, and audits to track leading indicators.
This monitoring allows us to enforce accountability and apply
force where needed to correct and address problem areas. The
accountability is possible because of firm subcontract inclusions
that are above and beyond OSHA standards. These subcontract
inclusions allow Tilden-Coil to take immediate action if the
subcontractors are found non-compliant.
Safety Responsibility
Safety is the responsibility of every member of the project team;
however, it is the primary responsibility of our superintendent to
ensure our safety program is successful. Our superintendent will
receive monthly support from our Director of Safety that oversees
company-wide safety policies as well as project-specific safety
strategies.
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Our company conducts extensive safety training for all employees. Onsite safety is everybody’s responsibility, and our staff training
ensures our people have the knowledge to lead. Our training includes:
• First Aid/CPR (All)
• Competent Person, including identifying soils classification
(S,AS,PE)
• MSDS Sheets (PM,S,AS,PE,A)
• Jobsite Emergency Action Plan (All)
• New Employee Orientation (All)
• Accident Investigation and Reporting (All)
• Safety File Management (All)
• OSHA investigations (PM,S,AS,PE)
• Forklift (S,AS)
• Powder Actuated Tools (S,AS)
• Fall Protection (PM,S,AS,PE)
• Job specific training (PM,S,AS)
• 10 Hour OSHA (PM,S,AS,PE)
• 30 Hour OSHA (PM, S, AS)
• Site Sense (PM,S,AS,PE)
• Site Sense II (PM,S,AS,PE)
• Heat Illness (PM,S,AS,PE)
• Lock Out/ Tag Out (PM,S,AS,PE)
• Multi-Employer Work Sites (PM,S,AS,PE)
• Crane Operations (PM,S,PE)
• Hazmat (Spills, ACM, Lead) (PM,S,PE)
• Mold (PM,S)
• Media Management (PM,S,AS,PE)
• Scaffold Training (PM,S,AS,PE)
• Confined Space Training (PM,S,PE)
• Jobsite Emergency Procedures(PM,S,PE)
• Respiratory Protection Program (PM,S)
• Helicopter Lift Procedures (PM,S)
PM=Project Manager
S=General Superintendent
AS=Assistant Superintendent
PE=Project Engineer
A=Project Administrative Support
On all projects, we enforce rigid requirements to conduct subcontractor
preparatory meetings prior to the subcontractor starting onsite.
Subcontractors are not allowed onsite until this meeting is completed, and
this is tracked and monitored by our executive staff. These meetings cover a
range of topics, but most importantly, they cover the specific safety concerns
of the project.
Topics that are covered under these critical meetings are: PPE requirements,
use of tools, site hazards like trenches or overhead hazards, locations of fire
extinguishers, requirements for equipment certification, etc. These meetings
are imperative to be conducted just prior to subcontractors starting onsite, so
that field crews are well acclimated to the project and knowledgeable of all
safety concerns they should be aware of. Subcontractors completing these
meetings are provided with hardhat stickers signifying that they have been
trained, so they can be identified onsite, and so that new workers onsite can
be differentiated and trained.
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7.10 Fee and Rate Proposal
Phase 1 Services
Task Description Quantity Unit Cost Total
1 Architectural 1 LS $501,700 $501,700
2 Interior Design 1 LS $111,300 $111,300
3 FF&E Design 1 LS $40,000 $40,000
4 Structural Engineering 1 LS $195,000 $195,000
5 MEP Engineering 1 LS $347,000 $347,000
6 Civil Engineering 1 LS $145,000 $145,000
7 Landscape Design 1 LS $40,000 $40,000
8 Project Management
9 Other Design Services
9.B
Survey, GPR for Utilities, SWPPP, Geotechnical
1 LS $105,000 $105,000
TOTAL
Clarifications
1. The price above includes Design-Development through Construction Documents. Costs for construction administration shall to be
included with the GMP.
2. The price above is based upon the budget and schedule objectives stated in the RFP and is subject to change should the project
budget be increased or the schedule/scope. Design fees are based upon an assumed construction value of $23 million.
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48Tilden-Coil Constructors + Holt Architecture
Rates for Key Personnel and Other Personnel
DESIGN-BUILDER / CONTRACTOR
Position 2025 Hourly Rate
Project Executive $185
Production Director $185
Safety Director $142
Sr. Project Manager $163
Sr. Superintendent $146
Project Manager $133
Assistant Project Manager $111
Safety Manager $111
Superintendent $133
Area/Assistant Superintendent $102
Sr. Project Engineer $108
Project Engineer $96
Scheduler $133
BIM Manager $177
BIM Specialist $121
BIM Technician $121
TCC Survey $121
Preconstruction Manager $133
Sr. Estimator $114
Estimator $93
Preconstruction Coordinator $64
Labor Compliance Coordinator $74
Controller $109
Accountant $64
Sr. Project Administrator $74
Project Administrator $64
Project Engineer Intern $37
Field Labor $109
HOLT ARCHITECTURE
Position 2025 Hourly Rate
Principal $265
Project Architect $240
Project Manager/Designer $275
Assistant Project Manager/Assistant
Designer/Interior Designer $150
WISEMAN + ROHY STRUCTURAL ENGINEERS
Position 2025 Hourly Rate
Principal Engineer $280
Managing Senior Engineer $260
Project Engineer V $240
Project Engineer IV $214
Project Engineer III $194
Project Engineer II $176
Project Engineer I $157
Managing Sr. Drafter 152
Project Drafter II 144
Project Drafter I 136
Administrative/Clerical 85
COMMUNITY WORKS DESIGN GROUP
Position 2025 Hourly Rate
Principal $215
Principal CASp $215
Certified Access Specialist (CASp)$195
Senior Landscape Architect $175
Certified Water Auditor $175
Certified Irrigation Designer $175
Senior Project Manager $160
Construction Manager $160
ISA Certified Arborist $160
FAA Part 107 sUAS Remote Pilot $160
Project Manager $145
Landscape Designer $130
Design Assistant $75
Professional Staff $75
P2S Engineering
Position 2025 Hourly Rate
Principal Engineer $365
ENGINEER GRADE 05 $308
ENGINEER GRADE 04 $299
ENGINEER GRADE 03 $256
ENGINEER GRADE 02 $236
ENGINEER GRADE 01 $209
DESIGN ENGINEER GRADE 05 $256
DESIGN ENGINEER GRADE 04 $236
DESIGN ENGINEER GRADE 03 $209
DESIGN ENGINEER GRADE 02 $185
DESIGN ENGINEER GRADE 01 $165
DESIGNER GRADE 04 $176
DESIGNER GRADE 03 $165
DESIGNER GRADE 02 $151
DESIGNER GRADE 01 $145
CAD/BIM DESIGNER GRADE 04 $146
CAD/BIM DESIGNER GRADE 03 $131
CAD/BIM DESIGNER GRADE 02 $118
CAD/BIM DESIGNER GRADE 01 $108
COMMISSIONING GRADE 05 $308
COMMISSIONING GRADE 04 $268
COMMISSIONING GRADE 03 $228
COMMISSIONING GRADE 02 $182
COMMISSIONING GRADE 01 $156
TECHNICAL WRITER $165
PROJECT ASSISTANT $108
VCA Engineers, Inc
Position 2025 Hourly Rate
Principal $220
Project Manager $200
Lead/Senior Project Engineer $180
Project Engineer $165
Engineer $155
BIM Modeler $130
Senior CADD Technician $110
CADD Technician $100
Clerical/Admin $70
WISEMAN + ROHY STRUCTURAL ENGINEERS
Position 2025 Hourly Rate
Principal Engineer $280
Managing Senior Engineer $260
Project Engineer V $240
Project Engineer IV $214
Project Engineer III $194
Project Engineer II $176
Project Engineer I $157
Managing Sr. Drafter 152
Project Drafter II 144
Project Drafter I 136
Administrative/Clerical 85
COMMUNITY WORKS DESIGN GROUP
Position 2025 Hourly Rate
Principal $215
Principal CASp $215
Certified Access Specialist (CASp)$195
Senior Landscape Architect $175
Certified Water Auditor $175
Certified Irrigation Designer $175
Senior Project Manager $160
Construction Manager $160
ISA Certified Arborist $160
FAA Part 107 sUAS Remote Pilot $160
Project Manager $145
Landscape Designer $130
Design Assistant $75
Professional Staff $75
549
49Tilden-Coil Constructors + Holt Architecture
Phase 2 Services
Clarifications
1. Cost above includes setup and mobilization of fencing, gates, windscreen, sandbags, stabilized entrance, toilets and rumble plates;
representing an up front expense that will support all phases of the work.
2. Cost above excludes trailer mobilization will be included in second phase of work (after demo).
3. Assumed construction duration of 8 weeks.
4. The cost to maintain the site after demo is not included. If the City requires maintenance of the site until phase 2, the cost is $9,714
per month, which includes fencing, toilet rental, rumble plates, water truck and watering site two times per week. Excludes street
sweeping services.
5. Price does not include relocation of existing underground utilities.
6. Price does not include fees, permits, and agency costs for disconnecting existing utilities to building.
7. Design-Builder contingency shall be 3%.
Task Description Quantity Unit Cost Total
1 Abatement 1 LS 55,000$ 55,000$
2 Demolition 1 LS 699,800$ 699,800$
3 Site Preparation 1 LS 314,750$ 314,750$
4 General Requirements (Set up and Mobilization)1 LS 35,800$ 35,800$
5 General Conditions 2 mo 50,000$ 100,000$
Sub Total 1,205,350$
6 Design-Builder Contingency 3.0%36,161$
7 DB Fee 4.50%55,868$
8 GL Insurance 1%12,974$
9 Bond (estimate)1.25%16,379$
Total 1,326,732$
Task Description Unit Cost
1 Progressive Design-Builder's Self-Performance Fee %4.50%
2 Progressive Design-Builder's Subcontractor Fee %4.50%
Phase 2 Services - FEES
Clarifications
1. The fees above excludes the cost of Bond Costs and Insurance Costs. These are defined of separate elements of the GMP within the
Agreement (6.3) and were not requested in the RFP. These costs will be provided at the time of GMP.
550
50Tilden-Coil Constructors + Holt Architecture
7.11 Proposal Forms and Attachments
Proposal forms required by the RFP have been digitally submitted
through OpenGov.
551
552
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
(760) 346-0611
EVALUATION TABULATION
Progressive Design-Build - New Library Facility - Progressive Design-Build
Page 1
EVALUATION TABULATION
RFP No. 2025-RFP-207
New Library Facility - Progressive Design-Build
RESPONSE DEADLINE: October 23, 2025 at 2:00 pm
Monday, October 27, 2025
PHASE 1
EVALUATION CRITERIA
Criteria Scoring Method Weight (Points)
Clarity and conformance of proposal
to the RFP
0-5 Points 10 (10% of Total)
Description:
Criteria Scoring Method Weight (Points)
Project Delivery, Cost Development
and Management Approach
0-5 Points 25 (25% of Total)
Description:
Criteria Scoring Method Weight (Points)
Proposer's Project Experience and
Performance
0-5 Points 35 (35% of Total)
Description:
Criteria Scoring Method Weight (Points)
Team members' experience and
performance
0-5 Points 20 (20% of Total)
Description:
553
EVALUATION TABULATION
RFP No. 2025-RFP-207
New Library Facility - Progressive Design-Build
Page 2
Criteria Scoring Method Weight (Points)
Fee Proposal 0-5 Points 10 (10% of Total)
Description:
AGGREGATE SCORES SUMMARY
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Tilden-Coil
Constructors, Inc.
93 94 81 80
AMG & Associates,
Inc.
85 84 59 72
Vendor Total Score
(Max Score 100)
Tilden-Coil Constructors, Inc. 87
AMG & Associates, Inc. 75
VENDOR SCORES BY EVALUATION CRITERIA
Vendor Clarity and
conformance of
proposal to the RFP
0-5 Points
10 Points (10%)
Project Delivery, Cost
Development and
Management
Approach
0-5 Points
25 Points (25%)
Proposer's Project
Experience and
Performance
0-5 Points
35 Points (35%)
Team members'
experience and
performance
0-5 Points
20 Points (20%)
Tilden-Coil
Constructors, Inc.
4.3 4.3 4.5 4.4
AMG & Associates,
Inc.
3.5 3.6 4.1 3.8
Vendor Fee Proposal
0-5 Points
10 Points (10%)
Total Score
(Max Score 100)
Tilden-Coil Constructors, Inc. 4.1 87
AMG & Associates, Inc. 3 75
554
Notice of Exemption FORM “B”
NOTICE OF EXEMPTION
TO:
Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Clerk of the Board of Supervisors
or
County Clerk
County of: Riverside
2724 Gateway Dr, Riverside,
CA 92507
1. –
2.
3.–
site (preferably a USGS 15’ or 7 1/2’
4.– (b)–
5.
6.
7.
8.
(a)
(b)
(c)
(d)
(e)
(f)
(g) –
555
Notice of Exemption FORM “B”
Reason why project was exempt:The Project is categorically exempt from further
environmental review under the State CEQA
Guidelines Sections 15302 (Replacement or
Reconstruction) and 15332 (In-Fill Development
Projects, Class 32).
Class 2: The Project involves removal of an existing,
deteriorated public building on a fully developed site
and the preparation of the site for a future public
facility of comparable civic purpose. The work occurs
entirely within the existing developed footprint and
does not expand the use or intensity of the property.
Class 32: The Project site is located within city limits,
is less than five acres, and is substantially surrounded
by existing urban development, including public
institutional uses. The Project is consistent with the
surrounding land use and infrastructure, and will not
result in significant environmental impacts.
None of the exceptions to the use of categorical
exemptions under CEQA Guidelines Section 15300.2
apply to the Project.
Lead Agency Contact Person:Ryan Lamb, Senior Project Manager
Telephone: (760) 776-6416
If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Was a public hearing held by the lead agency to consider the exemption? Yes No
If yes, the date of the public hearing was:
Signature:__________________________________ Date:_______________
Title: City Engineer
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
556
NEW LIBRARY FACILITY
City Council Meeting
November 13,2025
Award Progressive Design-Build
Contract
557
2
PROJECT TIMELINE
October 2023 :
•City Council voted to withdraw from the Riverside County Library System, with the City assuming self -operations of its library beginning July 1, 2024
•City staff began to evaluate the future of the two -story building at the Parkview Office Complex
March 2024:
•City Council considered and ultimately decided to demolish the two -story building and use that site for the new Library
•Richärd Kennedy Architects (RKA) was awarded contract for Conceptual Design Services
February 2025:
•City Council approved the $30M Conceptual Design of New Library Facility
March 2025:
•RKA and City staff presented Conceptual Design to City’s Architectural Review Commission
•ARC comments incorporated in the Schematic Design 558
3
PROJECT TIMELINE
October 2023 :
•City Council voted to withdraw from the Riverside County Library System, with the City assuming self -operations of its library beginning July 1, 2024
•City staff began to evaluate the future of the two -story building at the Parkview Office Complex
March 2024:
•City Council considered and ultimately decided to demolish the two -story building and use that site for the new Library
•Richärd Kennedy Architects (RKA) was awarded contract for Conceptual Design Services
February 2025:
•City Council approved the $30M Conceptual Design of New Library Facility
March 2025:
•RKA and City staff presented Conceptual Design to City’s Architectural Review Commission
•ARC comments incorporated in the Schematic Design 559
4
PROJECT TIMELINE
October 2023 :
•City Council voted to withdraw from the Riverside County Library System, with the City assuming self -operations of its library beginning July 1, 2024
•City staff began to evaluate the future of the two -story building at the Parkview Office Complex
March 2024:
•City Council considered and ultimately decided to demolish the two -story building and use that site for the new Library
•Richärd Kennedy Architects (RKA) was awarded contract for Conceptual Design Services
February 2025:
•City Council approved the $30M Conceptual Design of New Library Facility
March 2025:
•RKA and City staff presented Conceptual Design to City’s Architectural Review Commission
•ARC comments incorporated in the Schematic Design 560
5
PROJECT TIMELINE
October 2023 :
•City Council voted to withdraw from the Riverside County Library System, with the City assuming self -operations of its library beginning July 1, 2024
•City staff began to evaluate the future of the two -story building at the Parkview Office Complex
March 2024:
•City Council considered and ultimately decided to demolish the two -story building and use that site for the new Library
•Richärd Kennedy Architects (RKA) was awarded contract for Conceptual Design Services
February 2025:
•City Council approved the $30M Conceptual Design of New Library Facility
March 2025:
•RKA and City staff presented Conceptual Design to City’s Architectural Review Commission
•ARC comments incorporated in the Schematic Design 561
6
PROJECT TIMELINE
October 2023 :
•City Council voted to withdraw from the Riverside County Library System, with the City assuming self -operations of its library beginning July 1, 2024
•City staff began to evaluate the future of the two -story building at the Parkview Office Complex
March 2024:
•City Council considered and ultimately decided to demolish the two -story building and use that site for the new Library
•Richärd Kennedy Architects (RKA) was awarded contract for Conceptual Design Services
February 2025:
•City Council approved the $30M Conceptual Design of New Library Facility
March 2025:
•RKA and City staff presented Conceptual Design to City’s Architectural Review Commission
•ARC comments incorporated in the Schematic Design 562
7
PROJECT TIMELINE
October 2023 :
•City Council voted to withdraw from the Riverside County Library System, with the City assuming self -operations of its library beginning July 1, 2024
•City staff began to evaluate the future of the two -story building at the Parkview Office Complex
March 2024:
•City Council considered and ultimately decided to demolish the two -story building and use that site for the new Library
•Richärd Kennedy Architects (RKA) was awarded contract for Conceptual Design Services
February 2025:
•City Council approved the $30M Conceptual Design of New Library Facility
March 2025:
•Conceptual Design presented to City’s Architectural Review Commission (ARC)
•ARC comments incorporated into the Schematic Design 563
8
SCHEMATIC DESIGN
August 2025:
•Schematic Design finalized
564
9
PROGRESSIVE DESIGN -BUILD
Benefits of Progressive Design -Build
•Single team for design and construction –early collaboration
•Improves cost control, enhances coordination, and timely decision making
•Flexibility to refine the scope and establish a reliable project budget
•Efficient project delivery timeline
•Guaranteed Max Price (GMP) for construction
565
10
PROGRESSIVE DESIGN -BUILD
Scope of Work
Phase 1: (Q1 2026 –Q2 2026)
•Refine the project design through Design Development and Construction
Documents while preserving the intent and integrity of the Schematic Design
Package
•Final negotiated GMP for Phase 2
Early Construction Package: (Q1 2026)
•Abatement and Demolition of the two -story Parkview Building, and Site
Preparation
Phase 2: (Q3 2026 –Q1 2028)
•GMP Amendment approved by City Council
•New Construction (estimated substantial completion Dec. 31, 2027)
•Move -In and Open for Business (Q1 2028)566
11
PROJECT BUDGET
Authorized Budgets
Date
Authorized Total
Library
Capital Measure G Capital Bond
FY 2024-25 CIP Budget 7/1/2024 4,000,000 4,000,000
FY 2025-26 CIP Budget 7/1/2025 26,000,000 6,000,000 20,000,000
Total Authorized Budget to Date 30,000,000 4,000,000 6,000,000 20,000,000
Authorized Expenditures
Conceptual Design: Richärd Kennedy Architects
(C47340)4/15/2024 642,865 642,865 --
Cost Estimating: Accenture LLP (C44810)4/1/2024 70,295 70,295 --
Surveying: TKE Engineering (C47460)5/1/2024 67,500 67,500 --
Traffic Study:HR Green (A48090)7/23/2024 50,169 50,169 --
Geotechnical Engineering: Sladden Engineering
(C49180A)4/21/2025 9,500 9,500 --
Lead & Asbestos Survey: Belfor USA (C49180B)9/4/2025 12,850 12,850 --
Staff Time for Fiscal Year 2024-25 6/30/2025 48,574 48,574 --
Total Authorized Expenditures to Date 901,753 901,753 --
Progressive Design-Build –Tilden-Coil
Constructors, Inc.:11/13/2025
Phase 1*1,737,227 1,737,227 --
Early Const.Package Amendment*1,326,732 1,326,732 --
Contingency 10%*170,000 34,288 135,712 -
Remaining Project Budget Available 25,864,288 0 5,864,288 20,000,000
*This request
567
568
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Thomas Soule, Public Affairs Manager
SUBJECT: PROPOSED PALM DESERT 2026 SOCIAL MEDIA COMMEMORATIONS
RECOMMENDATION:
Approve the list of social media commemorations proposed for 2026, as reviewed by the Mayor
and Mayor Pro Tem.
BACKGROUND/ANALYSIS:
The City of Palm Desert uses its official social media channels to share City news, meeting
reminders, event information, and community-focused messaging. As part of these efforts, the
Public Affairs Division maintains a list of dates to be recognized annually through social media
posts that reflect the City’s values of inclusion, cultural awareness, and community connection.
These commemorations may include:
Federal and State holidays
Cultural and religious observances
National and international awareness days and months
Other widely recognized milestones and commemorative dates
For the 2026 calendar year, the Public Affairs division prepared a proposed list of
commemorations based on the approved 2025 list. Staff also received a list of environmental
observances from the Environmental Resources Committee (ERC), formerly the Resource
Preservation & Enhancement Committee, for City Council consideration. The full set of ERC
recommendations is included as a separate attachment for reference , providing additional
context and transparency regarding the input process.
Both lists were reviewed and consolidated by the Mayor and Mayor Pro Tem, whose input is
reflected in the final proposed list now submitted for City Council approval.
This list is not intended to be exhaustive. Rather, it serves as a planning tool and poi nt of
reference to help prioritize and coordinate commemorative content across the City’s social
media platforms. The Council’s input on the proposed observances will help guide content
development in the coming year.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
1. Proposed List of 2026 Social Media Commemorations
2. Environmental Resources Committee Recommendations
569
570
Proposed Social Media Commemorations 2026
Mayor/Mayor Pro-Tem Approved List
January
• New Year’s Day
• Law Enforcement Appreciation Day
• Martin Luther King Jr. Day
• International Holocaust Remembrance Day
February
• Black History Month
• Groundhog Day
• Lunar New Year
• Valentine’s Day
• Ramadan
March
• International Women’s Day
• St. Patrick’s Day
• First Day of Spring (Equinox)
• Eid al-Fitr
• César Chávez Day
April
• Arab-American Heritage Month
• Passover
• Autism Acceptance Week
• Holocaust Remembrance Day (Yom HaShoah)
• Administrative Professionals Day
• Earth Day
• Arbor Day
May
• Bike Month
• Asian Pacific Islander Month
• Cinco de Mayo
• Mother’s Day
• Armed Forces Day
• Memorial Day
571
June
• LGBTQ Pride Month
• National Trails Day
• Flag Day
• Father’s Day
• Juneteenth
• First Day of Summer (Solstice)
• National Trials Day (RPEC)
• Pollinator Week (RPEC)
July
• Canada Day
• Independence Day
• Eid al-Adha
• Outdoor Worker Appreciation Week
September
• Emergency Preparedness Month
• Hunger Action Month
• Labor Day
• Patriot Day
• Hispanic Heritage Month
• Mexican Independence Day
• First Day of Fall (Equinox)
• World Tourism Day
October
• Earthquake Preparedness Month
• Columbus Day / Indigenous Peoples Day (U.S.)
• Great California ShakeOut Day
• Halloween
November
• National Native American Heritage Month
• Greater Palm Springs Pride
• America Recycles Day (RPEC)
• Veterans Day
• Thanksgiving
572
December
• World AIDS Day
• Hanukkah
• Human Rights Day
• First Day of Winter (Solstice)
• Christmas
• Kwanzaa
• New Year’s Eve
573
574
For Consideration: RPEC Annual Environmental Observances
The City of Palm Desert's Environmental Initiatives Plan focuses on key areas like waste management,
energy efficiency, water conservation, and reducing greenhouse gas emissions. While the plan does not
explicitly reference every awareness day, many of its initiatives directly correlate with the global and
national observances.
�� General Environmental Observances
The city’s plan, which is being updated with a regional Comprehensive Climate Action Plan, aligns with
major observances that encourage broad environmental action.
Earth Day (April 22): This day of global action for environmental protection directly supports all of
Palm Desert’s environmental initiatives, from waste diversion to energy conservation.
Last Friday in April: Arbor Day (Varies by state in the U.S., often last Friday in April nationally)
Promotes the planting and care of trees, highlighting their essential role in providing life-sustaining
oxygen, improving air quality, and supporting ecosystems.
May 20: World Bee Day: Acknowledges the crucial role bees and other pollinators play in food
production and ecosystem health, advocating for their protection.
June 1 (First Saturday in June): National Trails Day (U.S.) Encourages people to explore, appreciate,
and clean up hiking trails and riverbanks.
World Environment Day (June 5): The United Nations' flagship day for environmental awareness is a
perfect match for the city's overarching goal to "protect and restore natural resources" and leave a better
Palm Desert for future generations.
������ Waste and Recycling Initiatives
The City of Palm Desert has a strong focus on waste diversion and recycling, which aligns with these
specific dates.1
Global Recycling Day (March 18): This day promotes recycling more, directly correlating with Palm
Desert's waste diversion programs, including its residential and commercial recycling initiatives.
July (Month-long campaign): Plastic Free July: A global movement that helps millions of people be
part of the solution to plastic pollution.
September (Third Saturday in September): World Cleanup Day One of the biggest civic
movements, uniting millions of volunteers for a cleaner planet.
America Recycles Day (November 15): This national day is an opportunity to highlight the city's
various recycling programs, such as its mandatory commercial waste diversion and free document
shredding events.
� Water Conservation and Pollution Prevention
The city’s efforts to manage water resources and prevent pollution are especially relevant in the desert
environment.
World Water Day (March 22): This day, which focuses on the importance of freshwater, is directly
relevant to Palm Desert's Stormwater Pollution Prevention program, which aims to keep local waterways
clean. 575
World Wetlands Day (February 2): While not explicitly mentioned in the plan, the city's focus on
watershed protection and resource preservation aligns with the goals of this observance.
� Energy and Transportation
Palm Desert is actively working to reduce greenhouse gas emissions through energy and transportation
initiatives.
Energy Efficiency Day (October 2): This day directly supports the city's efforts to offer energy
efficiency and sustainability-related rebates for residents and businesses.
Global Wind Day (June 15): This day, celebrating clean energy, connects to the city's long-term goal of
transitioning away from fossil fuels, as outlined in its draft plan and its pursuit of a new Climate Action
Plan.
Bike-to-Work Day (May 17): The city's investment in electric vehicle charging stations and its
Employee Rideshare Program for alternative transportation directly align with this observance's goal of
reducing vehicle emissions.
576
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: November 13, 2025
PREPARED BY: Pedro Rodriguez, Code Compliance & Support Services Manager
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING THE PALM DESERT
MUNICIPAL CODE TITLE 6, RELATED TO ANIMAL CONTROL
RECOMMENDATION:
Hold a public hearing and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 6 OF THE
PALM DESERT MUNICIPAL CODE RELATING TO ANIMAL CONTROL AND MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
BACKGROUND/ANALYSIS:
In January 1998, the City Council adopted Ordinance No. 874, establis hing the City’s current
animal control regulations under Title 6 of the Municipal Code. Since its adoption, Title 6 has not
been revised or updated. Over time, the ordinance has become outdated, lacking up -to-date
regulations such as spaying and neutering, microchipping, and retail sales of animals.
As part of the City’s contractual agreement with the Riverside County Department of Animal
Services, the County strongly recommended the City adopt the County’s animal control
ordinance. However, full adoption of the County ordinance would not enhance enforcement
methods or reflect best practices for the City’s animal control program.
For example, adopting the County ordinance in its entirety would eliminate enforcement authority
for certain quality-of-life regulations, such as requiring pet owners to clean up after their pets
and prohibiting farm animals in residential zones. These provisions are essential to maintaining
community standards and the quality of life for residents.
Certain sections of the City’s ordinance no longer reflect current practices or adequately address
modern animal-related issues, including noisy animal nuisances, microchipping, administrative
remedies, backyard breeding, and the regulation of dangerous animals. These gaps have limited
the City’s ability to ensure clarity, consistency, and effective enforcement.
The proposed amendments to Title 6 expand and reorganize chapters, modernize definitions,
and incorporate references to sections of state law. Additionally, they add provision s for rabies
control, impoundment procedures, noisy animal abatement, and various offenses to promote the
humane treatment of animals and reduce public nuisances.
Rather than adopting the county ordinance in its entirety, the proposed amendment selectivel y
incorporates relevant sections from the county’s animal control ordinance to ensure consistency
while preserving and enhancing the City’s local authority.
577
City of Palm Desert
Title 6 Animals Update
Page 2 of 3
The proposed ordinance amendment provides a balanced and modernized framework that
supports effective enforcement, promotes responsible pet ownership, and ensures the continued
protection of both the community and animals.
Summary of proposed amendments to Title 6 (Animals):
6.04 Definitions Alphabetize and consolidate definitions.
Expand and update language,
Aligning with county ordinance and industry standards
6.08 Animal Control
Officer Duties
Update Enforcement Definitions
Aligning with County Ordinance
Clear definition of enforcement authority
6.12 Licenses Updates and clarifies licensing requirements
adds a mandatory microchipping requirement
adds mandatory spay and neuter requirement
Aligns with county ordinance.
6.16 Biting Minimal changes
6.18 Potentially
Dangerous
Animals
New chapter
Provides clear definitions
Outline of administrative orders for violations
Sets clear impounding guidelines for dangerous animals
6.20 Impoundment Update outdated language for the impoundment of animals
6.24 Noisy Animals New chapter
Update definitions
Nuisance declaration
Clarifies administrative hearing procedures
6.28 Offenses • Clarified and updated language includes:
o definition for unlawful backyard breeding
o unlawful sales or gifting of animals in public or private
property.
o prohibitions of livestock in city limits
o prohibit animal cruelty and neglect.
o Tethering restrictions
o Trap-neuter-return
578
City of Palm Desert
Title 6 Animals Update
Page 3 of 3
On October 16, 2025, staff presented the proposed amendments to the Animal Services
subcommittee, and the following corrections were made as a result of the meeting.
The definition of “Service dog” includes persons with disabilities.
Requiring a pet owner to update a change of address and contact information with the
county and/or microchipping company.
Updated the language in microchipping exemptions to “animal mobility” from “athletic
ability”.
Legal Review:
The City Attorney’s Office has reviewed this report.
FINANCIAL IMPACT:
There is no fiscal impact related to this action.
ATTACHMENTS:
1. Title 6 ordinance amendment, Clean Copy
2. Title 6 ordinance amendment, Draft Copy
3. Ordinance Amending Title 6 Animal Control
4. Public Hearing Notice
579
580
1 | P a g e
CHAPTER 6.04
DEFINITIONS
§ 6.04.010. Definitions generally.
For the purposes of this title, the following definitions apply unless the context clearly
requires a different meaning. Certain chapters within this title may include definitions
specific to their subject matter, which are not repeated here.
§ 6.04.020. Definitions.
“Altered” means a male animal that has been neutered or a female animal that has been
spayed. Also referred to as a sterile animal.
“Animal control officer” means the code compliance & support services manager of the
City of Palm Desert or his or her designee. The animal control officer has the authority
to delegate animal control duties to code enforcement officers, other employees of the
city, and contracted animal control providers, provided all contracted roles are
subordinate to city oversight. Animal control duties may also be assigned to any
individual or entity otherwise obligated by State law or city contract to perform animal
control functions within the city.
“At large” means any dog off its owner’s, custodian’s, or caretaker’s property that is not
physically restrained by a leash, carrier, or secured enclosure. Voice, eye, or signal
control alone is not sufficient restraint. Leashes must be appropriate size and material to
the dog and held by a person capable of maintaining control.
“Backyard breeding” means the breeding, selling, transferring, or giving away of all or
part of any litter of dogs that were bred and reared on a residentially zoned property.
“Cattery” means any building, structure, enclosure, or premises where five or more cats
aged three months or older, are kept or maintained.
“City” means the City of Palm Desert.
“City manager” means the city manager of the City of Palm Desert or their designee.
“County” means the county of Riverside.
“Development services department” means the development services department of the
City of Palm Desert.
“Dog” means any member of the genus Canis, including both female and male dogs,
and any recognized domestic dog breed.
“Exigent circumstances” means circumstances in which the officer, in his/her reasonable
judgment, determines that a life threatening or serious injury may occur if immediate
action is not taken, i.e., animal may die if not immediately transported to a veterinarian,
or animal may bite and seriously injure a human or animal if not immediately impounded,
or animal may die if officer does not immediately enter property and rescue, etc.
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“Guide dog” means any guide dog or Seeing Eye dog that was trained by a person
licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the
Business and Professions Code or that meets the definitional criteria under federal
regulations adopted to implement Title III of the Americans with Disabilities Act of 1990
(Public Law 101-336).
“Health officer” means the Riverside County Public Health Officer or his or her designee,
who has been recognized by the city council as possessing the legal authority to act as
the health officer pursuant to this title.
“Kennel” means any building, structure, en closure, or premises, whether residential or
commercial where five or more dogs aged four months or older are kept, boarded, or
maintained.
“Owner” means any person who is the legal owner, keeper, harborer, possessor, or the
actual custodian of any animal. Ownership also includes individuals claiming ownership
and assuming care, whether or not documented, unless rebutted by evidence to the
contrary.
“Service dog” means any dog individually trained to do work or perform tasks for the
benefit of an individual with a disability, including, but not limited to, minimal protection
work, rescue work, pulling a wheelchair, or fetching dropped items.
“Signal dog” means any dog trained to alert a deaf person, or a person whose hearing
is impaired, to intruders or sounds.
“Unaltered and unspayed” means a dog or cat, four months old or older, that has not
been spayed or neutered. A condition that exists in an animal that permits the production
of offspring.
“Unlicensed” means any animal for which there is no valid or current city-issued license.
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Chapter 6.08
ANIMAL CONTROL OFFICER
6.08.010. Powers of enforcement, duties and powers of officers.
A. Under the direction of the city manager or their designee, the code
compliance & support services manager shall act as animal control officer for the city and
supervise the administration and enforcement of this title and the laws of the state of
California pertaining to the control of animals (including dogs).
B. The city council may enter into a written agreement or agreements with any
approved contractor, licensed veterinarian, or any organized humane society or
association, which will undertake to carry out, under the direction of the code compliance
& support services manager, the provisions of this title. The contractor shall maintain and
operate an animal shelter, which will license, take up, impound, and dispose of animals.
Any such veterinarian or society or association which shall enter into such an agreement
shall carry out all of the provisions of this title in the manner herein prescribed.
C. In the performance of his or her duties as such, the animal control officer
and his or her deputies and assistants are invested with the power and authority of a
police officer of the city but shall not be deemed to be members of the police department.
The code compliance & support services manager, animal control officers, his or her
deputies and assistants, code compliance officers, and all peace officers are empowered
to enforce this title and any statute of the state relating to animals, unless otherwise
provided by law.
D. It shall be the duty of all peace officers within the County of Riverside, to
cooperate with and assist the animal control officer in the enforcement of the provisions
of this chapter, and in the enforcement of California State law relating to the regulation,
care and/or keeping of animals, and such peace officers and the animal control officer or
his or her designees shall be empowered to:
1. Receive, take up and impound any dog or other animal found running
at large in violation of this code or of any law of the State of California.
2. Issue a warning notice for, citation for, or investigate any violation of
any provision of this code or California law regarding the care or keeping of animals.
3. Investigate whether a dog is licensed in compliance with the
requirements of this title.
4. Seize and impound any animal as authorized under this code or state
law. When the animal to be taken or seized is located ins ide a private residence or in its
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curtilage, a judicial order directing seizure of the animal shall, absent exigent
circumstances, be obtained prior to seizure.
5. Regularly and adequately feed, water, and otherwise care for any
animals impounded under the provisions of this code or state law or to provide for such
feeding and/or watering and care.
6. Follow the provisions of this code, policies or state law in humanely
destroying or giving emergency care to sick or injured animals.
7. The code compliance & support services manager, any peace officer,
or officer charged with the responsibility for enforcement of the provisions of this code or
state law governing animals may arrest a person without warrant whenever he or she has
reasonable cause to believe that the person to be arrested has committed an infraction
or misdemeanor in his or her presence, or a felony which is in violation of this title or
California law regulating the care and/or keeping of animals.
E. In any case in which an arrested person does not dema nd to be taken
before a judge: 1) for any infraction, the person making the arrest shall prepare a written
notice to appear and shall release the person on his or her promise to appear, as
prescribed by Section 853.5 of the California Penal Code; 2) for a misdemeanor, such
officer or employee may prepare a written notice to appear and may release the person
on his/her written promise to appear, as prescribed by California Penal Code Section
853.6.
§ 6.08.020. Interference with animal control duties.
No person shall interfere with, oppose, or resist any person authorized to enforce this
title, while such person is engaged in the performance of his or her duties.
§ 6.082.030. Entry upon private property.
Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions
of this title are empowered to enter upon private property, where any dog or cat is kept
or reasonably believed to be kept, for the purpose of ascertaining whether such dog or
cat is kept in violation of any provision of this title.
Pursuant to any provision in this title relating to entry upon private property for any
purpose under this title, no such entry may be conducted: (a) without the express or
implied consent of the property owner or the person having lawful possession
thereof, or (b) unless an inspection warrant has been issued and the entry is conducted
in accordance with California Code of Civil Procedure, Sections 1822.50 through
1822.56, inclusive, or except as may otherwise be expressly or implied ly permitted by
law.
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CHAPTER 6.12
DOG LICENSES
§ 6.12.010. License required.
No person within the city who owns, possesses, controls, harbors, or keeps any dog
over four (4) months of age shall fail, refuse, or neglect to procure a dog license tag for
each dog from the city manager or his authorized agent. An unaltered dog license may
be required pursuant to Section 6.12.170. License tags must be displayed upon the
dog’s collar pursuant to Section 30951(b) of the California Food and Agriculture Code.
It shall be unlawful for any person to make use of a stolen, counterfeit, or unauthorized
license, tag, certificate, or any other document or thing for the purpose of evading the
provisions of this chapter. No license issued pursuant to this title shall be transferable.
§ 6.12.020. Exemptions.
No fee or license is required for:
A. Guide dogs used by visibly impaired persons or guide dog organizations. An exempt
tag will be issued upon request.
B. Dogs owned by nonresidents or travelers who stay in the city less than thirty (30)
days.
C. Service dogs, signal dogs, and active-duty police dogs, but these dogs must wear
exempt tags.
§ 6.12.030. Term.
Dog licenses are valid for a period not exceeding three (3) years.
§ 6.12.040. Fees.
Dog license fees shall be as established by city council resolution. If no amount is
established, the fee shall match the prevailing rate for unincorporated Riverside County.
§ 6.12.050. Application.
Applicants must provide the following information on official forms: the applicant’s name
and address and each dog’s name, breed, color, age, and gender.
§ 6.12.060. Anti-rabies vaccination required.
It is unlawful for any person to own, harbor, or keep any dog that is three (3) months of
age or older within the city, for a period longer than thirty (30) days without having
vaccinated the dog against rabies. Every person within city limits who owns, harbors , or
keeps any dog over three (3) months of age for a period longer than thirty (30) days shall
have such dog vaccinated against rabies as provided herein by a veterinarian of their
choice, and such vaccination shall be renewed in accordance with the applicable laws
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and regulations of the State of California. (See Food & Ag. Code §§ 121690 et seq., and
Title 17, Cal. Code Regs. § 2606 et seq.)
§ 6.12.070. Issuance of tags and certificates.
Upon payment of the applicable fee, a metallic tag and license certificate with a
corresponding number shall be furnished by the development services department.
§ 6.12.080. Tag—Attachment required.
The development services department shall keep a record of the owner or person
making payment of the license fee and to whom a certificate and tag has been issued,
including the number and date of the certificate and the tag. The metal tag issued shall
be securely fixed to a collar, harness, or other device to be worn at all times by the dog
for whom the registration is issued.
§ 6.12.090. Tag—Display required.
No person shall fail or refuse to show, upon demand of the animal control officer, a
Riverside Department of Animal Control officer, a code compliance officer or any police
officer, the license certificate and the tag for any duly registered dog kept or remaining
within any home or upon any enclosed premises under his or her immediate control.
§ 6.12.100. Tag—Removal prohibited.
No unauthorized person shall remove from any dog any collar, harness, or other device
to which is attached a registration tag for the current license year, or remove the tag
therefrom.
§ 6.12.110. Tag—Replacement.
If the dog license tag is lost or destroyed, the owner shall immediately procure a duplicate
license tag from the development services department upon payment of a fee of one-
half of the original fee.
§ 6.12.120. Kennel and cattery business licenses.
A. Kennels. Kennels or pet shops must obtain a current business license and
a separate annual kennel license from the health officer. Kennel license fees shall be set
by city council resolution, or else match unincorporated Riverside County rates.
B. Catteries. Catteries must obtain a current business license and separate
annual cattery license from the health officer. Cattery license fees shall be set by city
council resolution or else match unincorporated Riverside County rates.
§ 6.12.120. Dog license renewal.
Licenses must be renewed within thirty (30) days of expiration. Licenses may be
backdated on request to the health officer if vaccination expires before the license is
due, but no fee reduction applies.
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§ 6.12.130. Dog license transfer.
Where a person moves into the city from another community who owns a dog which is
currently vaccinated against rabies and for which a dog license was issued by such
other community, such license shall be deemed valid for a period of one year from the
date such person moves into the city or the date of expiration of the license issued by
such other community, whichever is earlier.
6.12.140 Altered and unaltered animals.
A. Mandatory spaying and neutering.
1. Requirement. No person may own, keep, or harbor an unaltered dog
or cat in violation of this section. An owner or custodian of an unaltered dog must have
the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog
license in accordance with this chapter. An owner or custodian of an unaltered cat must
have the animal spayed or neutered or provide a certificate of sterility.
2. Appointments are available to spay or neuter an unaltered dog or cat
at the county’s animal shelters. The demand for these appointments exceeds the number
of slots available. In an effort to maximize the number of animals spayed or neutered, the
department shall charge an appointment fee in an amount as set forth by the Riverside
County Department of Animal Services that shall be applied toward the cost of spaying
or neutering the animal, provided the owner, or custodian keeps the appointment or
contacts the department twenty-four (24) hours prior the appointment to reschedule.
3. Any dog or cat impounded at a county animal shelter is required to
be spayed or neutered prior to release unless exempt in subsection (A)(4) below.
4. Exemptions. This section shall not apply to any of the following:
a. A dog with a high likelihood of suffering serious bodily harm or
death if spayed or neutered, due to age or infirmity. The owner or custodian shall obtain
written confirmation of this fact from a California-licensed veterinarian. If the dog is able
to be safely spayed or neutered at a later date, that date shall be stated in the written
confirmation; should this date be later than thirty (30) days, the owner or custodian shall
apply for an unaltered dog license.
b. For dogs exempted under Subsection (A)(4)(a), a spay and
neuter deposit fee in an amount as set forth by the Riverside County Department Of
Animal Services shall be paid before the dog is released from the county animal shelter.
c. A cat with a high likelihood of suffering serious bodily harm or
death if spayed or neutered, due to age or infirmity. The owner or custodian shall obtain
written confirmation of this fact from a California licensed veterinarian. If the cat is able to
be safely spayed or neutered at a later date, that date shall be stated in the written
confirmation.
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d. Animals owned by recognized breeders with a valid City
business license pursuant to Chapter 5.04.
e. Animals used for law enforcement or search and rescue by
public agencies.
f. Animals exempted under Health & Safety Code Section
122331 for breed-specific programs.
6.12.150 Mandatory microchipping of dogs and cats.
A. Microchipping Required. All dogs and cats over the age of four (4) months
must be implanted with an identifying microchip from the Riverside County Department
of Animal Services. The owner or custodian is required to provide the microchip number
to the County of Riverside and shall notify the County of Riverside of any change of
ownership of the dog or cat, or any change of address or telephone number. The owner
or custodian must also notify the microchipping company of any changes in ownership of
the dog or cat. Nothing in this section supersedes, eliminates, or alters any other licensing
requirements of this chapter.
B. Exemptions. The mandatory microchipping requirements shall not apply to
any of the following:
1. A dog or cat with a high likelihood of suffering serious bodily injury, if
implanted with the microchip identification, due to the health conditions of the animal. The
owner or custodian must obtain written confirmation of the fact from a California-licensed
veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip
at a later date, that date must be stated in the written confirmation.
2. A dog or cat that would be impaired of its mobility if implanted with
the microchip identification. The owner or custodian must obtain written confirmation of
that fact from a California-licensed veterinarian. If the dog or cat is able to be safely
implanted with an identifying microchip at a later date, that date must be stated in the
written confirmation.
3. A dog or cat that is kenneled or trained within Palm Desert city limits
but is owned by an individual who does not reside within city limits. The owner or
custodian must keep and maintain the animal in accordance with the applicable laws and
ordinances of the jurisdiction in which the owner or custodian of the animal permanently
resides, including but not limited to the applicable licensing and rabies vaccination
requirements of that jurisdiction.
C. Transfer of Dogs and Cats.
1. An owner or custodian who offers any dog, over the age of four (4)
months, for trade or adoption must provide the microchip identification number and the
valid dog license number with the trade or adoption. The license and microchip numbers
must appear on a document transferring the dog to the new owner. The owner or
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custodian shall also advise the County of Riverside of the name and address of the new
owner or custodian in accordance with subdivision (A) of this section. An owner or
custodian who offers any dog, over the age of four (4) months, for trade, or adoption and
fails to provide the County of Riverside with the name and address of the new owner is in
violation of this chapter shall be subject to the penalties set forth herein.
2. An owner or custodian who offers any cat, over the age of four (4)
months, for trade, or adoption must provide the microchip identification number the trade
or adoption. The microchip numbers must appear on a document transferring the cat to
the new owner. The owner or custodian shall also advise the County of Riverside of the
name and address of the new owner or custodian in accordance with subdivision (a) of
this section. An owner or custodian offers any cat, over the age of four (4) months, for
trade, or adoption and fails to provide the County of Riverside with the name and address
of the new owner is in violation of this chapter and shall be subject to the penalties set
forth herein.
3. When a puppy or kitten under the age of four (4) months implanted
with microchip identification is otherwise transferred to another person, the owner or
custodian shall advise the County of Riverside of the name and address of the new owner
or custodian, and the microchip number of the puppy or kitten within ten (10) days after
the transfer. If it is discovered that an owner or custodian has failed to provide the county
with the name and address of the new owner and the microchip number of the puppy or
kitten, the owner or custodian shall be subject to the penalties set forth in this chapter.
D. Impounded Dogs and Cats. When an impounded dog or cat is without
microchip identification, in addition to satisfying applicable requirements for the release
of the animal, including but not limited to payment of impound fees, the owner or custodian
shall also do one of the following:
1. Have the dog or cat implanted with a Riverside County Department
of Animal Services microchip by a Riverside County Department of Animal Services
registered veterinarian technician or veterinarian or designated personnel at the expense
of the owner or custodian;
2. Have the dog or cat implanted with a Riverside County Department
of Animal Services-approved microchip by a California-licensed veterinarian. The owner
or custodian may arrange for another California licensed veterinarian to perform the
implant and shall pay the Riverside County Department of Animal Services the cost to
deliver the dog or cat to the chosen veterinarian. The cost to deliver t he dog or cat shall
be based on the Riverside County Department of Animal Services’ hourly rate established
by the Riverside County Auditor-Controller. The veterinarian shall complete and return to
the Riverside County Department of Animal Services within ten (10) business days, a
statement confirming that the microchip has been implanted, provide both the Riverside
County Department of Animal Services and the development services department with
the number and shall release the dog or cat to the owner or c ustodian only after the
procedure is complete.
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3. Alternatively, at the discretion of the animal control officer, the dog or
cat may be released to the owner or custodian if he or she signs a statement under
penalty of perjury, representing that the dog or cat will be implanted with a microchip and
that he or she will submit a statement within ten (10) business days of the release, signed
by a California licensed veterinarian, confirming that the dog or cat has been so implanted
and provide the microchip number to the department or allow the department to scan the
dog or cat for the microchip to verify.
E. Fees for Microchip Identification Device. The fee for an identifying microchip
device shall be included in the cost of adoption when adopting a dog or cat from a
Riverside County animal shelter. The fee for an identifying microchip device shall be the
amount set forth by the Riverside County Department of Animal Services per animal for
all other animals. If an animal has already been implanted with an identifying microchip
device by some other facility, there will be no fee to have the identification number entered
into the registry for Riverside County Department of Animal Services and the development
services department as required by subdivision (A) of this section.
F. Allocation of Fees and Fines Collected. All costs, fees, and fines collected
under this section shall be paid to the Riverside County Department of Animal Services
for the purpose of defraying the cost of the implementation and enforcement of this
program and for low-cost microchipping programs administered by the department.
G. Fee Prior to Release. In the event any cat comes under subsection (A)(4)(c)
of this section, a mandatory spay and neuter deposit fee in an amount as set forth by the
shall be paid before the cat is released from the shelter.
H. Age Exemption. Females over the age of 10 and males over the age of 12
are exempt from the Spay and Neuter requirement due to the biological improbability of
reproduction, however, owners will be required to purchase an unaltered license for any
dog that is exempt under this subsection.
§ 6.12.160. Penalties.
A. Late Fee. If an application for a license is made more than thirty (30) days
after the date a dog license is required under this chapter, the applicant shall pay, in
addition to the applicable license fee, a late fee. The late fee shall be the amount fixed
from time to time by resolution of the city council.
B. Right to Hearing. Applicants have the right to an administrative hearing
before the code compliance & support services manager, or his or her designee
concerning fee calculations, penalties, or fines.
C. Request for Hearing. Applicants may request a hearing in writing to the
development services department within ten (10) days upon the notification of any fees,
penalties or fines. Within ten (10) days of the filing of the request, the code compliance &
support services manager, or his or her designee shall conduct an administrative hearing
on the applicant’s objections, and shall consider whether the total costs as charged have
been fairly and accurately calculated. The animal control officer may, in the interest of
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justice, cancel, reduce or arrange payment installments of any fees, penalties, or fines
owed by the applicant.
D. Appeal. The decision of the code compliance & support services manager,
or his or her designee, may be appealed by filing a written notice of appeal with the
development services department within five (5) days after the decision. The appeal shall
be heard by an independent hearing examiner who may affirm, amend, or reverse the
decision and may take any other action deemed appropriate. The development services
department shall give written notice of the time and the place of the hearing to appellant.
In conducting the hearing, the independent hearing examiner shall not be limited by the
technical rules of evidence.
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CHAPTER 6.16
BITING
§ 6.16.010. Rabies suppression, control, and quarantine.
A. If it appears to the health officer that any animal has rabies, the health officer
may euthanize such animal immediately or may hold such animal for further examination
or observation for such time as the health officer may determine to be appropriate.
B. Whenever any animal has been bitten by an animal which has rabies, which
exhibits any symptoms of rabies, or which is otherwise suspected of having or having
been exposed to rabies, the owner or person having custody of such bitten animal shall
immediately notify the health officer, and shall immediately confine the animal and
maintain that confinement until it is established to the satisfaction of the health officer that
such animal does not have rabies. The health officer shall have the power to quarantine
any such animal, or impound it at the owner ’s expense if the owner or person having
custody of such animal fails, refuses, or is unable, in the opinion of the health officer, to
adequately confine such animal immediately, or in the event the owner or person having
custody of such animal is not readily accessible.
C. Whenever it is shown that any animal has bitten any person, the owner or
person having custody of such animal shall, upon the order of the health officer, quarantine
such animal and keep it confined at the owner ’s expense for a minimum period of ten
days for dogs and cats and fourteen days for all other animals, and shall allow the health
officer to make an inspection or examination of such animal at any time during such period
of quarantine. Animals quarantined pursuant to this subsection shall not be removed from
the premises upon which such animal is quarantined without permission of the health
officer. The health officer is hereby authorized to impound any animal at the owner ’s
expense in the event the owner or person having custody of such animal fails or refuses
to so confine such animal. Animals quarantined pursuant to this subsection shall remain
under quarantine until notice is given by the health officer that such quarantine is
terminated.
D. The health officer may, in their discretion, post or cause to be posted an
appropriate sign on any premises where an animal is quarantined pursuant to this title for
the purpose of warning the public of the fact of such quarantine. It is unlawful for any
person to remove a sign posted pursuant to this subsection without the permission of the
health officer.
E. Whenever the health officer shall determine that an epidemic of rabies exists
or is threatened, the health officer shall have the authority to take such measures as may
be reasonably necessary to prevent the spread of the disease, including but not limited
to the declaration of quarantine against any or all animals in any area of the city as the
health officer may determine and define, for a period of not more than one hundred twenty
days. An additional or extended quarantine period may also be declared if such additional
or extended quarantine period shall be deemed necessary by the health officer for the
protection and preservation of the public health, peace and safety. Any quarantine
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declared pursuant to this subsection, other than as restricted herein, shall be upon such
conditions as the health officer may determine and declare.
F. No person shall bring a dog into an incorporated area of the city from any
city located in the County of Riverside in which a reported case of rabies exists or has
existed within the past six months, nor shall any person bring a dog into the incorporated
area of the city from any other county, city, state, or country in which a reported case of
rabies exists or has existed within the preceding six months.
G. In order to protect the public health from the hazard of rabies which has
been found to exist in skunks, a quarantine is imposed indefinitely until released by the
health officer, whereby it is prohibited to trap or capture skunks for pets; to trap, capture,
or hold skunks in captivity for any reason; to transport skunks from or into the city except
pursuant to a permit issued by the California Department of Public Health Services
pursuant to Title 17, California Administrative Code, Section 2606.8.
§ 6.16.020. Disposition of animals appearing to have rabies.
If it appears to the animal control officer or to the health officer that any dog or other
animal has rabies, they may euthanize the animal immediately, or hold the animal for
further examination for such time as they may consider advisable.
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CHAPTER 6.18
Potentially Dangerous and Dangerous Animals
6.18.010 Findings.
A. Due to the increased urbanization in the city, the city has experienced
increasing number of dogs and other animals being kept in close proximity to humans,
including children.
B. The keeping of dogs and other animals in close proximity to adults and
children has resulted in increasing incidents of attacks, biting, and menacing behavior by
such dogs and other animals.
C. These incidents now present a public health and safety problem to the
residents of this city, and increasing numbers of cases have resulted in painful and/or
serious injuries to adults and children, death and injuries to other animals, attendant
economic losses to city residents, and anxiety to those bitten by unlicensed animals
whose vaccination status is therefore not established.
D. In an attempt to bring this problem under control, it is necessary to: (1)
increase the total number of animals which are licensed and thus properly established to
have been vaccinated against rabies; (2) encourage the spaying and neutering of
animals, which (a) reduces the number of strays at large and not safely confined, (b)
reduces aggressiveness in animals at large, and (c) reduces the financial cost to
taxpayers of animal control services; and (3) establish a warni ng and hearing procedure
to put the owners of potentially dangerous or dangerous dogs and other animals on
adequate notice to control such animals and to bring about the confinement of such
animals and the destruction of those animals where other lesser measures have failed or
are inappropriate.
6.18.020 Definitions.
Whenever, in this chapter or in any resolution or standard adopted by the city council
pursuant to this chapter, the following terms are used, they shall have the meaning
ascribed to them in this section, unless it is apparent from the context that some other
meaning is intended.
“Attack” means any action by an animal which places a person in danger of immediate
bodily harm.
“Dangerous animal” means:
1. Any animal which has twice within a forty-eight (48) month period in
two separate incidents has actively pursued, attacked, bitten, or otherwise caused a less
severe injury than a “substantial injury” (as defined in this section), to another person or
animal engaged in a lawful activity;
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2. Any animal which has once attacked, bitten, or otherwise caused
injury to a person or animal engaged in lawful activity, resulting in death or substantial
injury;
3. Any animal which has been previously declared a potentially
dangerous animal and the owner/custodian has failed to restrain the animal as so
directed; or
4. Any dog which has been declared a “potentially dangerous dog” as
defined by California State Law during any legal hearing process.
“Potentially dangerous animal” means:
1. Any animal which has once actively pursued, attacked, bitten, or
otherwise caused a less severe injury than a “substantial injury” (as defined in this
section), to another person engaged in a lawful activity.
2. Any animal which has once attacked, bitten, or otherwise caused a
less severe injury than a “substantial injury” (as defined in this section), to another animal.
3. Any animal which is found actively pursuing dogs, cats, or animals.
“Substantial injury” means a substantial impairment of the physical condition of a person
or animal which requires professional medical treatment, including, but not limited to, loss
of consciousness; concussion; bone fracture; protracted loss or impairment of function of
any bodily member or organ; muscle tears, disfiguring lacerations, punctu res, or a wound
requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
“Secure enclosure” means a fence or structure suitable to prevent the entry of young
children and which is suitable to confine a potentially dangerous or da ngerous animal in
conjunction with other measures which may be taken by the owner or keeper of the
animal, or at the direction of the animal services manager. The enclosure shall be
designed to prevent the animal from escaping and to prevent an adult or child from coming
in contact with the animal. (A chain where a person can walk within the length of the chain,
or an electric collar or invisible fence is not a sufficient restraint or enclosure.)
“Vicious dog” means:
1. Any dog which, when unprovoked, in an aggressive manner, inflicts
injury on or kills a human being or animal.
2. Any dog previously determined to be and currently listed as a
potentially dangerous dog which after its owner or keeper has been notified of this
determination, continues that behavior described in Section 31062 of the Food and
Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the
Food and Agricultural Code.
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6.18.030 Administrative restraint order for potentially dangerous animals.
A. If the County of Riverside has cause to believe that an animal is a potentially
dangerous animal, the animal control officer shall issue a potentially dangerous animal
restraint order to the owner(s) or custodian(s) of any such dog or animal that fits the
description described in this chapter of a potentially dangerous animal. The order shall
be served by hand delivery or certified and first-class mail. The order shall notify the
owner(s) or custodian(s) of such animal(s) that such owner(s) custodian(s) is/are required
thereafter at all times to keep such animal(s) in a secure enclosure or provide such other
adequate secure restraint as may be specified on the restraint order.
B. An owner(s)/custodian(s) of an animal(s) receiving a potentially dangerous
animal restraint order may request a hearing on the order by a hearing officer selected by
the city manager or his or her designee. The request for a hearing must be submitted in
writing, during the ten (10) calendar days following the service of the order. Pending such
hearing, the animal must be kept in a secure enclosure or adequately restrained as
specified in the restraint order.
C. Failure of the owner(s)/keeper(s) to request a hearing on the restraint order
within the ten (10) day period, or failure to attend or be represented at a scheduled
hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing
requirements provided herein.
D. All hearings pursuant to subsection (B) of this section shall be conducted
by the hearing officer who shall not have been directly involved in the subject action.
Hearings shall be held not more than ten (10) working days from the date of receipt of the
request for the hearing and shall be conducted in an informal manner consistent with due
process of law. A hearing may be continued for a period of time not to exceed thirty (30)
days if the hearing officer deems such continuance to be necessary and proper. Within
ten (10) days after the conclusion of the hearing, the hearing officer shall render, in writing,
his or her findings, decision and order thereon and shall give notice of the findings,
decision and order to the owner or custodian of the subject animal; service of such notice
shall be by mail or hand delivery.
E. An animal which has been determined to be a potentially dangerous animal
following the conclusion of the process described in subsections A through D of this
section shall be added to a list of potentially dangerous animals maintained by the County
of Riverside. Once an animal has been determined to be a potentially dangerous animal,
if there are no additional instances of the behavior described in Section 6.1 8.020 within a
forty-eight (48) month period from the date of the restraint order, the animal may be
removed from the list of potentially dangerous animals by the animal control officer.
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6.18.040 Impoundment and abatement of dangerous animals.
The County of Riverside is authorized and empowered to impound and/or abate
(destroy), or cause to impound and/or abate (destroy) any dangerous animal as a
public nuisance independently of any criminal prosecution or the results thereof by
any means reasonably necessary to protect the health, safety , and welfare of the
public including, but not limited to, the imposition upon the owner and/or custodian of
specific, reasonable restrictions and conditions for the maintenance of the animal. In
carrying out an abatement, the County of Riverisde shall follow the procedure
established in this code. Restrictions and/or conditions resulting from abatement
proceedings may include, but are not limited to the following:
A. Requiring the owner of the animal, possessor of the animal or owner of the
premises on which the animal is kept to obtain and maintain liability insurance in the
amount of one hundred thousand dollars ($100,000.00) and to furnish a certificate or proof
of insurance by which the division shall be notified at least thirty (30) calendar days prior
to cancellation or nonrenewal;
B. Requirements as to the size, construction, and design of a structured
enclosure for the animal;
C. Location of the animal’s residence including prior notice of plans to move
the animal to another location or to a location outside of the city, and obtaining approval
from the County of Riverside and the city to do so after proper notification of animal
regulation in the new jurisdiction;
D. Requirements as to type and method of restraints for the animal; including
but not limited to leashes, muzzles and confinement in a kennel or other faci lity;
E. Photo identification or permanent marking of the animal for purposes of
identification;
F. A requirement to obtain a dangerous animal registration and/or requiring a
tattoo or microchip noting the declaration and registration with Riverside County
Department of Animal Services;
G. A requirement to spay or neuter the animal;
H. Requirements to allow inspection of the animal and its enclosure by the city,
County of Riverside, or any other law enforcement agency without warrant, and to
produce upon demand, proof of compliance with such requirements of this section; as
may be applicable;
I. Obtaining written permission to keep the animal on certain specified
premises from the landlord/owner, in the event that the owner/custodian of the dangerous
animal is a tenant or occupant on real property where the animal is being kept;
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J. Any person who violates any provision of this section is guilty of an infraction
or misdemeanor, if charged.
6.18.050 Placement of warning signs.
It is unlawful for the owner or person in charge of any animal that has been found to
be a potentially dangerous animal, dangerous animal or vicious animal to fail, neglect
or to refuse to keep posted in a conspicuous place at or near the entrance to the
premises on or within which any dog or animal is kept, a sign having letters at least
two inches in width and two inches in height and reading “Beware of vicious dog” or
“Beware of vicious animal,” as may be appropriate.
6.18.060 Change of ownership, custody and/or location of animal.
A. The owner and/or custodian of an animal that is on restriction as above
provided and who moves or sells the animal(s), or otherwise transfers th e ownership,
custody or location of the animals(s), shall, at least fifteen (15) days prior to the actual
transfer or removal of the animal, notify the city and County of Riverside in writing of the
name, address and telephone number of the proposed, new owner or custodian, and/or
the proposed, new location of the animal, and the name and description of the animal(s).
The city and/or County of Riverside may prohibit the proposed relocation for cause.
B. The owner and/or custodian shall, in addition to the above, notify any new
owner or custodian in writing regarding the details of the animal’s record, and the terms
and conditions for confinement and control of the animal. The transferring owner and/or
custodian shall also provide the division with a copy of the notification to the new owner
or custodian containing an acknowledgment by the new owner or custodian of his or her
receipt of the original notification and acceptance of the terms and conditions. The city
and/or County of Riverside may impose different or additional restrictions or conditions
upon the new owner or custodian.
C. If the animal should die, the owner and/or custodian shall notify the city
and/or County of Riverside no later than twenty-four (24) hours thereafter and, upon
request, from the County of Riverside shall produce the animal(s) for verification. If the
animal escapes, the owner and/or custodian shall immediately notify the County of
Riverside and make every reasonable effort to recapture the escaped animal.
D. An animal that has been declared dangerous or vicious in any legal hearing,
as a result of aggressive behavior, outside the confines of the city, may not be relocated
in the city.
E. Any person who violates any provision of this section is guilty of an infraction
or misdemeanor, if charged.
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6.18.070 Possession unlawful without adequate restraint.
It is unlawful for a person to have the custody of or own or possess an animal that is
restricted as above provided, unless the animal continues to be restrained or confined to
prevent it from being at large or from causing damage to any property or injury to any
person or other animal. Any person who violates any imposed restriction is guilty of a
misdemeanor.
6.18.080 Surrender of animal upon demand.
The owner and/or custodian of any animal on restriction who is in violation of Section
6.18.070 shall surrender such animal to the Riverside County Department of Animal
Services upon demand.
6.18.090 Exclusions.
This chapter does not apply to dogs while utilized by any police department or any law
enforcement officer in the performance of police work.
6.18.100 Court proceedings.
Nothing in this chapter shall prevent the city or any other party from commencing and
maintaining court proceedings for the restriction or destruction of any animal as
authorized under Food and Agricultural Code Section 31601 et seq.
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CHAPTER 6.20
IMPOUNDMENT
§ 6.20.010. Impounding of animals.
It shall be the function and within the power of the animal control officer to take up,
impound, and safely keep any animal mentioned in this title that is found running at
large, staked, tied, or being herded or pastured in any street, lane, alley, court, square,
park or other place belonging to or under the control of the city, or upon any private
property, contrary to the provisions of this title or to the right of the public. All
impoundments shall comply with state holding periods under Food & Ag. Code §§
31108 and 31752 (Hayden’s Law), requiring a minimum of four (4) business days for
strays without identification and six (6) business days for those with identification before
adoption or euthanasia, unless the animal is irremediably suffering.
§ 6.20.020. Notification of owner.
The animal control officer shall, immediately upon impoundment of dogs or other
animals, make a reasonable effort to notify the owners of the dogs or other animals
impounded, and inform the owners of the conditions whereby they may regain custody
of the animals. If the dog has a valid license, the owner shall be notified, either
personally or by deposit of appropriate notice in the mail addressed to the record
address with postage prepaid. The dog must be kept for ten (10) days from date of notice
for the owner to claim the animal.
§ 6.20.030. Disposition of unclaimed animals.
All animals impounded at the County of Riverside shelter shall be provided with
proper and sufficient food and water. Unless unlicensed animals have been claimed
within five (5) days after the notification provided for in Section 6.20.020, may be
advertised for adoption by the County of Riverside to the general public, provided, that
the adopting party shall not be given possession of any dog until he or she has paid to
the County of Riverside the license fee for the dog and until he or she has made
appropriate arrangements for any necessary rabies vaccination. If any dog or other
animal impounded by the animal control officer has not been claimed within said period
and cannot be adopted within a reasonable time thereafter, it may be euthanized by the
County of Riverside in a humane manner. In lieu of euthanasia, animals may be released
without charge to any humane organization that provides an animal adoption service.
The County of Riverside shall maintain a file describing each animal impounded in the
County shelter, beginning on the day any such animal is taken or delivered into the
possession of the shelter.
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§ 6.20.040. Destruction of animals dangerous to impound.
The animal control officer is authorized to immediately euthanize any animal lawfully
impounded which is by reason of disease or other cause dangerous or inhumane to
keep impounded.
§ 6.20.050. Reclaiming animals.
Pursuant to Section 6.12.150(B), the owner of any licensed impounded animal shall
have the right to reclaim it at any time prior to the lawful disposition thereof, upon
payment to the County of Riverside and charges provided in this title for the impounding
and keeping of such animals. Any person claiming ownership of any unlicensed
impounded animal shall be required to present proof of ownership satisfactory to the
animal control officer, and thereafter the animal may be released to the claimant upon
his or her making payment of all applicable costs, fees and charges prescribed in this
chapter, and upon his making appropriate arrangements for any necessary rabies
vaccination.
Any dog, four (4) months of age or older, which has been impounded shall not be
released from impoundment unless it is licensed , vaccinated, and microchipped in
accordance with the provisions of this code.
§ 6.20.060. Impoundment fees.
Pursuant to Section 6.12.150(B), and except in cases when disposition of an animal is
made pursuant to Section 6.20.030, the animal control officer shall charge, receive
and collect fees for impoundment, care and feeding of impounded animals. The nature
and amounts of such fees shall be as fixed from time to time by resolution of the city
council. In the absence of any such fee or fees having been so established, the animal
control officer may collect and deposit in the appropriate accounts provided for such
purpose, a fee or fees in the amount or amounts as is applicable for similar functions
or services in the unincorporated areas of the county.
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CHAPTER 6.24
Noisy Animals
6.24.010 Findings.
The disturbance caused by excessive, unrelenting or habitual noise of any animal is
disruptive of the public’s peace and tranquility and represents an unwanted invasion
of the privacy of the residents of the City of Palm Desert. At certain levels, the
excessive, unrelenting, or habitual noise of any animal may jeopardize the health,
safety, or general welfare of Palm Desert residents and degrade their quality of life.
6.24.020 Purpose.
It is declared to be in the public interest to promote the health and welfare of the
residents of the City of Palm Desert by providing for an administrative proceeding for
the abatement of such noisy animal nuisances, which abatement procedures shall be
in addition to all other proceedings authorized by city ordinances or otherwise by law.
6.24.030 Authority.
This chapter is adopted pursuant to the City Council’s police power as set forth under
Article XI, section 7 of the California Constitution.
6.24.040 Exemptions.
This chapter shall not apply to noise or sound made by an official law enforcement
dog while on duty.
6.24.050 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. “Complaining party” means any person or persons who contact the city or
County of Riverside to report a noisy animal or animals.
B. “Noisy animal” means any animal or animals maintained on the same
premises or location that produces noise, such as barking, howling, crying, or other
sounds, that is audible from the property line of a neighboring property or a public areas,
and that meets one or more of the following criteria:
1. The noise occurs continuously and uninterrupted for a period three
(3) minutes or more; or
2. The noise occurs intermittently for a total duration exceeding ten (10)
minutes within any one (1)-hour period; or
3. The noise occurs on at least three (3) separate days within a thirty
(30)-day period, with each occurrence lasting continuously for one (1) minute or more; or
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4. The noisy animals' excessive, unrelenting, or habitual barking,
howling, crying, or other noise or sounds annoy or become offensive to a resident or
residents in the vicinity, thereby disturbing the peace or the neighborhood or causing
excessive discomfort to any reasonable person of normal sensitivity.
C. “Responsible party” means any of the following:
1. The person or persons who own the property where the noisy animal
is located;
2. The person or persons in charge of the premises where the noisy
animal is located;
3. The person or persons occupying the premises where the noisy
animal is located;
4. The owner of the noisy animal.
If any of these persons are minors, the parent or parents or a guardian of such minor
shall be the responsible party.
6.24.060 General prohibition—Declaration of noisy animal as a public nuisance.
A. It is unlawful and a public nuisance for any person to allow on their property,
own, keep, permit, harbor or have in their care, custody or control a noisy animal.
B. It is unlawful for the responsible party, after being informed in writing that his
or her animal has been declared a noisy animal and that the maintenance of a noisy
animal is a public nuisance, to fail, refuse or neglect to take whatever steps or use
whatever means are necessary to assure that such noisy animal does not again disturb
residents in the vicinity in which the noisy animal is kept.
6.24.070 Noisy animal warning notice.
A. When an animal control officer is notified of a possible noisy animal and has
personally confirmed the existence of a noisy animal, or has received a written complaint
under penalty of perjury of such noisy animal signed by a complaining party, the animal
control officer shall issue a noisy animal warning notice (“warning notice”) to the
responsible party. Such warning notice shall specify that the continued barking, howling
or other noise or sounds of such animal is in violation of this chapter and that the noisy
animal nuisance must be abated immediately to avoid further action by the city. The
warning notice shall be personally served or served by mail upon the responsible party. If
service by mail or personal service cannot be safely made or reasonable attempts at
personal service have failed, the warning notice shall also be posted at the premises upon
which the animal is located. A copy of the warning notice shall be filed with the County of
Riverside. The animal control officer shall within five (5) days of issuance of the warning
notice, make a reasonable attempt to speak personally or by telephone with the
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responsible party concerning the matter, including what efforts have been made to abate
the nuisance.
B. If within five (5) days of the issuance of the warning notice the animal control
officer determines that the barking, howling or other sound or cry was provoked or that
such barking, howling or other sound or cry was not excessive, unrelenting or habitual,
the animal control officer shall cause the warning notice to be voided and the responsible
party to whom it was issued to be so notified. In the event a warning notice has been
voided, such warning notice shall not be considered as having been issued for the
purposes of Sections 6.20.080, 6.20.130, or 6.20.150 of this chapter.
6.24.080 Declaration of complaint of noisy animal and petition for administrative
hearing.
A. When the animal control officer receives a subsequent verbal or written
complaint concerning a noisy animal at the same location within twelve (12) months after
the issuance of a warning notice, the animal control officer shall determine whether there
is a violation of this chapter. If there is a violation of this chapter, a declaration of complaint
of noisy animal and petition for administrative hearing (“declaration of complaint and
petition”) shall be issued by the animal control officer to the complaining party. The
procurement of a petition form from the city and/or County of Riverside requires a
minimum of three witnesses from three separate households which shall be of evidence
of a habitually barking animal. The complaining party shall be informed that further action
may not be warranted if the responsible party is in compliance with subsection B. of
Section 6.24.060 of this chapter, but in any case, no further action can be taken until the
completed declaration of complaint and petition is received by the animal control officer.
B. The declaration of complaint and petition shall be completed under penalty
of perjury by the complaining party and returned within ten (10) days to the animal control
officer.
C. The city, upon receipt of a timely executed declaration of complaint and
petition, shall set the case for hearing before an administrative hearing officer. The
hearing shall be set at least ten (10) days from the date the declaration of complaint and
petition is received and no more than thirty (30) days after the date the declaration of
complaint and petition is received. The city shall notify the complaining party and
responsible party of the date, time, and place for the hearing. The notice of hearing shall
advise the complaining party and responsible party that they may present evidence at the
hearing through witnesses and documents. The notice of hearing shall b e accompanied
by a copy of the completed declaration of complaint and petition. The notice of hearing
shall be personally served or served by mail on all parties. If the notice of hearing cannot
be mailed or safely served by personal service or reasonable attempts at personal service
have failed, then it may be posted upon the premises where the animal is kept.
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6.24.090 Administrative hearing officer.
A determination whether an animal is violating this chapter shall be made by an
administrative hearing officer. The administrative hearing officer shall have the power
to hear testimony from witnesses, including complainants, peace officers, animal
control officers, or other witnesses or parties including the responsible party, to
determine whether the maintenance of the animal is a public nuisance and to order
the abatement of such nuisance by taking such actions as set forth in this chapter.
6.24.100 Administrative abatement hearing regarding noisy animal.
The hearing before the administrative hearing officer shall be open to the public. The
administrative hearing officer may admit all relevant evidence, including incident
reports and affidavits of witnesses. The administrative hearing officer may decide all
issues even if the responsible party for the animal fails to appear at the hearing. If the
complaining party fails to appear at the hearing and the investigating animal control
officer does not have personal knowledge of the noisy animal, the complaint shall be
dismissed. The administrative hearing officer may find, upon a preponderance of the
evidence, that the animal is a noisy animal and the maintenance of such noisy animal
is a public nuisance. Upon the conclusion of the hearing, the administrative hearing
officer may orally announce the decision as to whether the animal is a noisy animal.
6.24.110 Determination and order.
Within five (5) business days after the conclusion of the hearing, the administrative
hearing officer shall, by mail and/or posting, notify the responsible party of the
administrative hearing officer ’s determination and any orders issued. The order shall
be called an administrative abatement order. If the administrative hearing officer
determines that the animal is a noisy animal and the maintenance thereof, a public
nuisance, the responsible party shall comply with the administrative hearing officer ’s
order within five (5) days after the date of mailing and/or posting of the determination
and order. The decision of the administrative hearing officer shall be final.
6.24.120 Administrative abatement measures.
The administrative hearing officer may, as part of his or her determination that the
animal is a noisy animal and a public nuisance, direct the responsible party to perform
one or more of the following actions:
A. Containment of the noisy animal within an enclosed building on the
premises of the responsible party;
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B. Require that the noisy animal wear a noise suppression device obtained at
the expense of the responsible party to reduce or eliminate the noise creating the
nuisance;
C. Require that the noisy animal undertake obedience training designed to
abate the nuisance problem when appropriate and under the conditions imposed by the
administrative hearing officer and at the expense of the responsible party;
D. Restrict the time of day, days of the week and duration when the animal may
be placed out-of-doors on the premises of the responsible party;
E. Require the noisy animal be debarked at the expense of the responsible
party;
F. Require the responsible party to permanently remove the noisy animal from
said property;
G. Any other reasonable means to accomplish the abatement of the nuisance.
6.24.130 Failure to comply with administrative order.
It is unlawful for any responsible party to fail, neglect or refuse to comply with an
administrative abatement order of the administrative hearing officer within the time
specified in said order. Should any party subject to the administrative abatement order
fail to comply with the order, in whole or in any part thereof, that party or those parties
may be subject to administrative remedies to enforce the administrative abatement
order as set forth in this chapter, including but not limited to administrative citations
and penalties and any other lawful means necessary to gain compliance, including a
civil action.
6.24.140 Civil action.
In the event any person shall fail, neglect or refuse to comply with an administrative
abatement order of the administrative hearing officer within the time specified in said
order and the public nuisance continues to exist, a civil action may be commenced to
obtain the abatement of the noisy animal public nuisance.
6.24.150 Administrative and criminal citations and penalties for violation of the
administrative hearing officer ’s order.
In addition to the remedies and penalties contained in this chapter, and in accordance
with Government Code section 53069.4, an administrative and/or criminal citation may
be issued for failure to comply with an administrative abatement order of the
administrative hearing officer. The following procedures shall govern the imposition,
enforcement, collection, and administrative review of administrative citations and
penalties.
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A. Issuance of Citations. If the public nuisance is not corrected within the period
stated in the administrative abatement order, an administrative and/or criminal citation
may be issued by a county animal control officer.
B. Administrative and criminal citation penalties.
1. The penalties assessed for each violation of the administrative
abatement order issued by the administrative hearing officer shall not exceed the
following amounts:
a. One hundred dollars ($100.00) for a first violation;
b. Two hundred dollars ($200.00) for a second violation of the
same administrative abatement order within one year;
c. Five hundred dollars ($500.00) for each additional violation of
the administrative abatement order within one year.
2. If the violation is not corrected, additional administrative and/or
criminal citations may be issued for the same violation. The amount of the penalty shall
increase at the rate specified above.
3. Payment of the penalty shall not excuse the failure to correct the
violation nor shall it bar further enforcement action.
C. Appeals Process. Administrative Citations and penalties may be appealed
pursuant to the administrative procedures set forth in Chapter 8.81 of the Palm Desert
Municipal Code.
6.24.160 Not exclusive remedy.
The provisions of this chapter are to be construed as an added remedy of abatement
of the nuisance hereby declared and not in conflict with or derogation of any other
actions or proceedings or remedies otherwise provided by law.
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CHAPTER 6.28
OFFENSES
§ 6.28.010. Dogs running at large.
No owner or keeper of a dog shall allow, permit or suffer the dog, whether licensed or
unlicensed, to be or run at large in or upon any public place or premises, or in or upon
any unenclosed private place or premises, or in or upon any enclosed private place or
premises other than those of the owner or keeper except with the consent of the person
in charge of the private place or premises, unless the dog is securely restrained by a
substantial leash not exceeding six feet in length and is in charge and control of a
person competent to keep the dog under effective control.
§ 6.28.020. Dog defecation to be removed by owner.
A. No person owning, keeping, or having in his or her care or custody any dog
shall knowingly fail, refuse or neglect to clean up any feces of the dog immediately and
dispose of it in a sanitary manner whenever the dog has defecated upon public or private
property without the consent of the public or private owner or person in lawful
possession or charge of the property.
B. The provisions of subsection (A) of this section shall not apply to a visually
impaired person being accompanied by a guide dog or signal dog, nor shall they be
construed to require or countenance any act of trespass upon private property. Whenever
the feces to be cleaned up cannot be reached without a significant trespass upon the
private property on which the feces is located, the person having the duty pursuant to
subsection (A) of this section to clean it up shall first obtain consent to do so from the
owner or person in lawful possession or charge of the property.
C. No person owning, keeping, or having in his or her care or custody, any dog
shall knowingly fail, refuse, or neglect to clean up any feces from their property, owned or
rented, no less than twice a week and disposed of in an air-tight container. Such
container(s) shall be removed from the property no less than once a week.
§ 6.28.030. Retention of dog by other than owner.
No person shall, without the knowledge or consent of the owner, hold or retain
possession of any dog of which he or she is not the owner, for more than twenty-
four hours without first reporting the possession of the dog to the animal control officer,
giving his or her name and address and a true description of the dog and then causing
the dog to be impounded at the city animal shelter for return to the legal owner. At the
discretion of the animal control officer, any such finder of a dog may be allowed to retain
possession of the dog in lieu of impoundment. In such case, the animal control officer
shall make all normal and regular efforts to ascertain the true owner of the dog and
advise him of the whereabouts of the dog.
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§ 6.28.040. Unauthorized removal of animal from shelter.
No person shall remove any impounded animal from the city animal shelter without the
consent of the animal control officer.
§ 6.28.050. Dogs at public schools prohibited.
No person shall bring any dog, except a seeing eye dog, guide dog, signal dog, and
service dog onto any public school property. This section shall not, however, be
deemed to prohibit the use of dogs on school property for teaching or other school uses
when approved by the proper school authorities.
§ 6.28.060. Interference with police dogs.
No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure,
disable or kill any dog used by the police department, or any other law enforcement
officer in the performance of the functions or duties of such department, or interfere with
or meddle with any such dog while being used by the department or any member thereof
in the performance of any of the functions or duties of the department or of the officer
or member.
§ 6.28.070. Number of pets allowed.
It is unlawful for any person to keep or harbor more than four (4) animals of any
combination on residential premises. This does not include kittens under the age of
three (3) months or puppies under the age of four (4) months.
§ 6.28.080. Unlawful backyard breeding.
Backyard breeding is hereby prohibited. No person shall breed, sell, transfer, or otherwise
give away any dog, or any part of a litter of dogs, that has been bred or reared on a
property zoned for residential use.
§ 6.28.090. Unlawful sales or giving away of any animals on public or private
property.
No person shall, in the incorporated area of the city, offer for sale or sell or give away
or transfer for adoption any cat, kitten, dog, or puppy on any public street, public
sidewalk, public park, or private property. This section does not apply to adoptions by
licensed humane societies, rescues, or shelters (Health & Safety Code § 122350 ).
§ 6.28.100. Unlawful training for the purpose of dog fighting
No person shall own or harbor any dog for the purpose of dog fighting; nor train, torment,
badger, bait or use a dog for the purpose of causing or encouraging said dog to
unprovoked attacks on human beings or domestic animals. Nor shall any person outfit
any dog with a training device for fighting or attack, such as a weighted collar around the
neck of the dog. (See also § 6.20.070(C).)
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§ 6.28.110 Livestock and fowl prohibited within city limits
It shall be unlawful for any person to own, keep, or harbor livestock or fowl, including
but not limited to cattle, sheep, goats, swine, poultry (including chickens, roosters,
turkeys, or other fowl), horses, or donkeys, within the city. The keeping of any animal
other than a common household pet, such as a dog or cat, is prohibited.
§ 6.28.120 Animal cruelty and neglect prohibited.
It is unlawful for any person to neglect, abandon, or cruelly treat any animal in violation
of Penal Code §§ 597, 597.1, 597a, 597.7, or 597s. Owners must provide adequate
food, water, shelter, veterinary care, and sanitation. Animals may not be transported in
an inhumane manner or left in unattended vehicles under conditions endangering their
health (e.g., extreme heat or cold). Animal control officers may seize neglected animals
and provide emergency care, with owners liable for costs.
§ 6.28.130 Tethering restrictions.
It is unlawful to tether a dog or other animal to a stationary object for more than three
hours in a 24-hour period, or in a manner that causes injury, entanglement, or restricts
access to food, water, or shelter. Tethers must be at least ten (10) feet long and allow
free movement without risk of strangulation.
§ 6.28.140 Trap-neuter-return (TNR) program support.
The City encourages humane management of feral cats through TNR programs.
Authorized rescuers or organizations may trap, sterilize, vaccinate, and return feral cats
to their original location, provided they comply with rabies vaccination requirements and
do not create nuisances.
§ 6.28.150. Public nuisance.
The introduction, ownership, possession or maintenance of any animal, or the allowing
of any animal to be, in contravention of this title, is, in addition to being a violation,
declared to be a public nuisance. The city manager or his or her designee, the animal
control officer, the county health officer, and peace officers are authorized, directed and
empowered to summarily abate any such public nuisance independently of any
criminal prosecution or the results thereof of any means reasonably necessary
including but not limited to the euthanasia of the animal or animals involved, or by the
imposition of specific reasonable conditions and restrictions for the maintenance of the
animal. Failure to comply with such conditions and restrictions of this title is an
infraction. The owner shall reimburse the city for all costs incurred in verifying
compliance and enforcing the provisions of this section. The city may also commence
proceedings in accordance with the provisions of Chapter 8.20 of this code relative to
abatement procedures for public nuisances.
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§ 6.28.160. Violation—Penalty.
Any person violating the provisions of the section of this chapter shall be guilty of an
infraction and upon conviction thereof shall be punished by:
A. A fine not exceeding fifty dollars ($50) for the first violation;
B. A fine not exceeding one hundred dollars ($100) for the second violation
within one year;
C. A fine not exceeding two hundred dollars ($200) for each additional violation
within one year.
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CHAPTER 6.04
DEFINITIONS
§ 6.04.010. Definitions generally. 4
For the purposes of this title, the following definitions apply unless the context clearly
requires a different meaning. Certain chapters within this title may include definitions
specific to their subject matter, which are not repeated here.
§ 6.04.020. Definitions. 9
“Altered” means a male animal that has been neutered or a female animal that has been 10
spayed. Also referred to as a sterile animal.
“Animal control officer” means the code compliance & support services manager of the
City of Palm Desert or his or her designee. The animal control officer has the authority
to delegate animal control duties to code enforcement officers, other employees of the
city, and contracted animal control providers, provided all contracted roles are
subordinate to city oversight. Animal control duties may also be assigned to any
individual or entity otherwise obligated by State law or city contract to perform animal
control functions within the city.
“At large” means any dog off its owner’s, custodian’s, or caretaker’s property that is not 19
physically restrained by a leash, carrier, or secured enclosure. Voice, eye, or signal
control alone is not sufficient restraint. Leashes must be appropriate size and material to
the dog and held by a person capable of maintaining control.
“Backyard breeding” means the breeding, selling, transferring, or giving a way of all or
part of any litter of dogs that were bred and reared on a residentially zoned property.
“Cattery” means any building, structure, enclosure, or premises where five or more cats 25
aged three months or older, are kept or maintained.
“City” means the City of Palm Desert.
“City manager” means the city manager of the City of Palm Desert or their designee.
“County” means the county of Riverside.
“Development services department” means the development services department of the 30
City of Palm Desert.
“Dog” means any member of the genus Canis, including both female and male dogs, 32
and any recognized domestic dog breed.
“Exigent circumstances” means circumstances in which the animal control officer, in
his/her reasonable judgment, determines that a life threatening or serious injury may
occur if immediate action is not taken, i.e., animal may die if not immediately transported
to a veterinarian, or animal may bite and seriously injure a human or animal if not
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immediately impounded, or animal may die if officer does not immediately enter property
and rescue, etc.
“Guide dog” means any guide dog or Seeing Eye dog that was trained by a person 3
licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the
Business and Professions Code or that meets the definitional criteria under federal
regulations adopted to implement Title III of the Americans with Disabilities Act of 1990
(Public Law 101-336).
“Health officer” means the Riverside County Public Health Officer or his or her designee,
who has been recognized by the city council as possessi ng the legal authority to act as
the health officer pursuant to this title.
“Kennel” means any building, structure, enclosure, or premises, whether residential or 11
commercial where five or more dogs aged four months or older are kept, boarded, or
maintained.
“Owner” means any person who is the legal owner, keeper, harborer, possessor, or the
actual custodian of any animal. Ownership also includes individuals claiming ownership
and assuming care, whether or not documented, unless rebutted by evidence to the
contrary.
“Service dog” means any dog individually trained to do work or perform tasks for the
benefit of an individual with a disability, including, but not limited to, minimal protection
work, rescue work, pulling a wheelchair, or fetching dropped items.
“Signal dog” means any dog trained to alert a deaf person, or a person whose hearing
is impaired, to intruders or sounds.
“Unaltered and unspayed” means a dog or cat, four months old or older, that has 31
not been spayed or neutered. A condition that exists in an animal that permits the 32
production of offspring.
“Unlicensed” means any animal for which there is no valid or current city-issued license.
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ANIMAL CONTROL OFFICER 16
6.08.010. Powers of enforcement, duties and powers of officers.
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A. Under the direction of the city manager or their designee, the code
compliance & support services manager shall act as animal control officer for the city and
supervise the administration and enforcement of this title and the laws of the state of
California pertaining to the control of animals (including dogs).
B. The city council may enter into a written agreement or agreements with any
approved contractor, licensed veterinarian, or any organized humane society or
association, which will undertake to carry out, under the direction of the code compliance
& support services manager, the provisions of this title. The contractor shall maintain and
operate an animal shelter, which will license, take up, impound, and dispose of animals.
Any such veterinarian or society or association which shall enter into such an agreement
shall carry out all of the provisions of this title in the manner herein prescribed.
C. In the performance of his or her duties as such, the animal control officer
and his or her deputies and assistants are invested with the power and authority of a
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police officer of the city, but shall not be deemed to be members of the police department.
The code compliance & support services manager, animal control officers, his or her
deputies and assistants, code compliance officers, and all peace officers are empowered
to enforce this title and any statute of the state relating to animals, unless otherwi se
provided by law.
D. It shall be the duty of all peace officers within the County of Riverside, to
cooperate with and assist the animal control officer in the enforcement of the provisions
of this chapter, and in the enforcement of California State law relating to the regulation,
care and/or keeping of animals, and such peace officers and the animal control officer or
his or her designees shall be empowered to:
1. Receive, take up and impound any dog or other animal found running
at large in violation of this code or of any law of the State of California.
2. Issue a warning notice for, citation for, or investigate any violation of
any provision of this code or California law regarding the care or keeping of animals.
3. Investigate whether a dog is licensed in compliance with the
requirements of this title.
4. Seize and impound any animal as authorized under this code or state
law. When the animal to be taken or seized is located inside a private residence or in its
curtilage, a judicial order directing seizure of the animal shall, absent exigent
circumstances, be obtained prior to seizure.
5. Regularly and adequately feed, water, and otherwise care for any
animals impounded under the provisions of this code or state law or to provide for such
feeding and/or watering and care.
6. Follow the provisions of this code, policies or state law in humanely
destroying or giving emergency care to sick or injured animals.
7. The code compliance & support services manager, any peace officer,
or officer charged with the responsibility for enforcement of the provisions of this code or
state law governing animals may arrest a person without warrant whenever he or she has
reasonable cause to believe that the person to be arrested has committed an i nfraction
or misdemeanor in his or her presence, or a felony which is in violation of this title or
California law regulating the care and/or keeping of animals.
E. In any case in which an arrested person does not demand to be taken before
a judge: 1) for any infraction, the person making the arrest shall prepare a written notice
to appear and shall release the person on his or her promise to appear, as prescribed by
Section 853.5 of the California Penal Code; 2) for a misdemeanor, such officer or
employee may prepare a written notice to appear and may release the person on his/her
written promise to appear, as prescribed by California Penal Code Section 853.6.
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§ 6.08.020. Interference with animal control duties. 1
No person shall interfere with, oppose, or resist any person authorized to enforce this
title, while such person is engaged in the performance of his or her duties.
§ 6.082.030. Entry upon private property. 4
Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions
of this title are empowered to enter upon private property, where any dog or cat is kept
or reasonably believed to be kept, for the purpose of ascertaining whether such dog or
cat is kept in violation of any provision of this title.
Pursuant to any provision in this title relating to entry upon private property for any
purpose under this title, no such entry may be conducted: (a) without the express or
implied consent of the property owner or the person having lawful possession
thereof, or (b) unless an inspection warrant has been issued and the entry is conducted
in accordance with California Code of Civil Procedure, Sections 1822.50 through
1822.56, inclusive, or except as may otherwise be expressly or implied ly permitted by
law.
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CHAPTER 6.12
DOG LICENSES
§ 6.12.010. License required. 24
No person within the city who owns, possesses, controls, harbors, or keeps any dog
over four (4) months of age shall fail, refuse, or neglect to procure a dog license tag for
each dog from the city manager or his authorized agent. An unaltered dog license may
be required pursuant to Section 6.12.170. License tags must be displayed upon the
dog’s collar pursuant to Section 30951(b) of the California Food and Agriculture Code.
It shall be unlawful for any person to make use of a stolen, counterfeit, or unauthorized
license, tag, certificate, or any other document or thing for the purpose of evading the
provisions of this chapter. No license issued pursuant to this title shall be transferable.
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§ 6.12.020. Exemptions. 1
No fee or license is required for:
Guide dogs used by visibly impaired persons or guide dog organizations. An exempt
tag will be issued upon request.
A.
Dogs owned by nonresidents or travelers who stay in the city less than thirty (30) days.
B.
C. Service dogs, signal dogs, and active-duty police dogs, but these dogs must wear
exempt tags.
§ 6.12.030. Term. 12
Dog licenses are valid for a period not exceeding three (3) years.
§ 6.12.040. Fees. 14
Dog license fees shall be as established by city council resolution. If no amount is
established, the fee shall match the prevailing rate for unincorporated Riverside County.
§ 6.12.050. Application. 19
Applicants must provide the following information on official forms: the applicant’s name 20
and address and each dog’s name, breed, color, age, and gender.
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§ 6.12.060. Anti-rabies vaccination required. 24
It is unlawful for any person to own, harbor, or keep any dog that is three (3) months of
age or older within the city, for a period longer than thirty (30) days without having
vaccinated the dog against rabies. Every person within city limits who owns, harbors , or
keeps any dog over three (3) months of age for a period longer than thirty (30) days shall
have such dog vaccinated against rabies as provided herein by a veterinarian of their
choice, and such vaccination shall be renewed in accordance with the applicable laws
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and regulations of the State of California. (See Food & Ag. Code §§ 121690 et seq., and
Title 17, Cal. Code Regs. § 2606 et seq.)
§ 6.12.070. Issuance of tags and certificates. 4
Upon payment of the applicable fee, a metallic tag and license certificate with a
corresponding number shall be furnished by the County of Riverside.
§ 6.12.080. Tag—Attachment required. 8
The County of Riverside shall keep a record of the owner or person making payment
of the license fee and to whom a certificate and tag has been issued, including the
number and date of the certificate and the tag. The metal tag issued shall be securely
fixed to a collar, harness, or other device to be worn at all times by the dog for whom
the registration is issued.
§ 6.12.090. Tag—Display required. 15
No person shall fail or refuse to show, upon demand of the animal control officer , a
Riverside Department of Animal Control officer, a code compliance officer or any police
officer, the license certificate and the tag for any duly registered dog kept or remaining
within any home or upon any enclosed premises under his or her immediate control.
§ 6.12.100. Tag—Removal prohibited. 21
No unauthorized person shall remove from any dog any collar, harness, or other device
to which is attached a registration tag for the current license year, or remove the tag
therefrom.
§ 6.12.110. Tag—Replacement. 26
If the dog license tag is lost or destroyed, the owner shall immediately procure a duplicate
license tag from the County of Riverside upon payment of a fee of one-half of the original
fee.
§ 6.12.120. Kennel and cattery business licenses. 30
A. Kennels. Kennels or pet shops must obtain a current business license and
a separate annual kennel license from the health officer. Kennel license fees shall be set
by city council resolution, or else match unincorporated Riverside County rates.
Catteries. must obtain a current business license and a separate annual kennel
license from the health officer. Kennel license fees shall be set by city council resolution,
or else match unincorporated Riverside County rates.
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Catteries must obtain a current business license and separate annual cattery
license from the health officer. Cattery license fees shall be set by city council resolution
or else match unincorporated Riverside County rates.
B.
§ 6.12.120. Dog license renewal.
Licenses must be renewed within thirty (30) days of expiration.
Licenses may be backdated on request to the health officer if vaccination expires before
the license is due, but no fee reduction applies.
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§ 6.12.130. Dog license transfer. 19
Where a person moves into the city from another community who owns a dog which is
currently vaccinated against rabies and for which a dog license was issued by such
other community, such license shall be deemed valid for a period of one year from the
date such person moves into the city or the date of expiration of the license issued by
such other community, whichever is earlier.
6.12.140 Altered and unaltered animals.
A. Mandatory spaying and neutering.
1. Requirement. No person may own, keep, or harbor an unaltered dog
or cat in violation of this section. An owner or custodian of an unaltered dog must have
the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog
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license in accordance with this chapter. An owner or custodian of an unaltered cat must
have the animal spayed or neutered or provide a certificate of sterility.
2. Appointments are available to spay or neuter an unaltered dog or cat
at the county’s animal shelters. The demand for these appointments exceeds the number
of slots available. In an effort to maximize the number of animals spayed or neutered, the
department shall charge an appointment fee in an amount as set forth by the Riverside
County Department of Animal Services that shall be applied toward the cost of spaying
or neutering the animal, provided the owner, or custodian keeps the appointment or
contacts the department twenty-four (24) hours prior the appointment to reschedule.
3. Any dog or cat impounded at a county animal shelter is required to
be spayed or neutered prior to release unless exempt in subsection (A)(4) below.
Exemptions. This section shall not apply to any of the following:
4.
A dog with a high likelihood of suffering serious bodily
harm or death if spayed or neutered, due to age or infirmity. The owner or custodian shall
obtain written confirmation of this fact from a California licensed veterinarian. If the dog is
able to be safely spayed or neutered at a later date, that date shall be stated in the written
confirmation; should this date be later than thirty (30) days, the owner or custodian shall
apply for an unaltered dog license.
a.
For dogs exempted under Subsection (A)(4)(a)
b. , a spay and neuter deposit fee in an amount as set forth by
the Riverside County Department Of Animal Services shall be paid before the dog is
released from the county animal shelter.
c. A cat with a high likelihood of suffering serious bodily harm or
death if spayed or neutered, due to age or infirmity. The owner or custodian shall obtain
written confirmation of this fact from a California licensed veterinarian. If the cat is able to
be safely spayed or neutered at a later date, that date shall be stated in the written
confirmation.
d. Animals owned by recognized breeders with a valid City
business license pursuant to Chapter 5.04.
Animals used for law enforcement or search and
rescue by public agencies.
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Animals exempted under Health & Safety Code Section 122331 for breed-specific
programs.
6.12.150 Mandatory microchipping of dogs and cats.
Microchipping Required. All dogs and cats over the age of four (4) months must be
implanted with an identifying microchip from the Riverside County Department of Animal
Services. The owner or custodian is required to provide the microchip number to the
County of Riverside and shall notify the County of Riverside of any change of ownership
of the dog or cat, or any change of address or telephone number. Nothing in this section
supersedes, eliminates, or alters any other licensing requirements of this chapter.
A.
B. Exemptions. The mandatory microchipping requirements shall not apply to
any of the following:
1. A dog or cat with a high likelihood of suffering serious bodily injury, if
implanted with the microchip identification, due to the health conditions of the animal. The
owner or custodian must obtain written confirmation of the fact from a California licensed
veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip
at a later date that date must be stated in the written confirmation.
2. A dog or cat which would be impaired of its athletic ability or
performance if implanted with the microchip identification. The owner or custodian must
obtain written confirmation of that fact from a California licensed veterinarian. If the dog
or cat is able to be safely implanted with an identifying microchip at a later date that date
must be stated in the written confirmation.
A dog or cat that is kenneled or trained within Palm Desert city limits
but is owned by an individual that does not reside within city limits. The owner or custodian
must keep and maintain the animal in accordance with the applicable laws and
ordinances of the jurisdiction in which the owner or custodian of the animal permanently
resides, including but not limited to the applicable licensing and rabies vaccination
requirements of that jurisdiction.
3.
C. Transfer of Dogs and Cats.
1. An owner or custodian who offers any dog, over the age of four (4)
months, for trade, or adoption must provide the microchip identification number and the
valid dog license number with the trade or adoption. The license and microchip numbers
must appear on a document transferring the dog to the new owner. The owner or
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custodian shall also advise the County of Riverside of the name and address of the new
owner or custodian in accordance with subdivision (A) of this section. An owner or
custodian offers any dog, over the age of four (4) months, for trade, or adoption and fails
to provide the County of Riverside with the name and address of the new owner is in
violation of this chapter shall be subject to the penalties set forth herein.
2. An owner or custodian who offers any cat, over the age of four (4)
months, for trade, or adoption must provide the microchip identification number the trade
or adoption. The microchip numbers must appear on a document transferring the cat to
the new owner. The owner or custodian shall also advise the County of Riverside of the
name and address of the new owner or custodian in accordance with subdivision (a) of
this section. An owner or custodian offers any cat, over the age of four (4) months, for
trade, or adoption and fails to provide the County of Riverside with the name and address
of the new owner is in violation of this chapter and shall be subject to the penalties set
forth herein.
When a puppy or kitten under the age of four (4) months implanted
with microchip identification is otherwise transferred to another person, the owner or
custodian shall advise the County of Riverside of the name and address of the new owner
or custodian, and the microchip number of the puppy or kitten within ten (10) days after
the transfer. If it is discovered that an owner or custodian has failed to provide the
department with the name and address of the new owner and the microchip number of
the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in
this chapter.
3.
D. Impounded Dogs and Cats. When an impounded dog or cat is without
microchip identification, in addition to satisfying applicable requirements for the release
of the animal, including but not limited to payment of impound fees, the owner or custodian
shall also do one of the following:
1. Have the dog or cat implanted with a Riverside County Department
of Animal Services microchip by a Riverside County Department of Animal Services
registered veterinarian technician or veterinarian or designated personnel at the expense
of the owner or custodian;
2. Have the dog or cat implanted with a Riverside County Department
of Animal Services-approved microchip by a California-licensed veterinarian. The owner
or custodian may arrange for another California licensed veterinarian to perform the
implant and shall pay the Riverside County Department of Animal Services the cost to
deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall
be based on the Riverside County Department of Animal Services’ hourly rate established
by the Riverside County Auditor-Controller. The veterinarian shall complete and return to
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the Riverside County Department of Animal Services within ten (10) business days, a
statement confirming that the microchip has been implanted, provide the Riverside
County Department of Animal Services with the number and shall release the dog or cat
to the owner or custodian only after the procedure is complete.
Alternatively, at the discretion of the animal control officer, the dog or
cat may be released to the owner or custodian if he or she signs a statement under
penalty of perjury, representing that the dog or cat will be implanted with a microchip and
that he or she will submit a statement within ten (10) business days of the release, signed
by a California licensed veterinarian, confirming that the dog or cat has been so implanted
and provide the microchip number to the department or allow the department to scan the
dog or cat for the microchip to verify.
3.
E. Fees for Microchip Identification Device. The fee for an identifying microchip
device shall be included in the cost of adoption when adopting a dog or cat from a
Riverside County animal shelter. The fee for an identifying microchip device shall be the
amount set forth by the Riverside County Department of Animal Services per animal for
all other animals. If an animal has already been implanted with an identifying microchip
device by some other facility, there will be no fee to have the identification number entered
into the registry for Riverside County Department of Animal Services as required by
subdivision (A) of this section.
F. Allocation of Fees and Fines Collected. All costs, fees, and fines collected
under this section shall be paid to the Riverside County Department of Animal Services
for the purpose of defraying the cost of the implementation and enforcement of this
program and for low-cost microchipping programs administered by the department.
G. Fee Prior to Release. In the event any cat comes under subsection (A)(4)(c)
of this section, a mandatory spay and neuter deposit fee in an amount as set forth by the
shall be paid before the cat is released from the shelter.
H. Age Exemption. Females over the age of 10 and males over the age of 12
are exempt from the Spay and Neuter requirement due to the biological improbability of
reproduction, however, owners will be required to purchase an unaltered license for any
dog that is exempt under this subsection.
§ 6.12.160. Penalties.
A. Late Fee. If an application for a license is made more than thirty (30) days
after the date a dog license is required under this chapter, the applicant shall pay, in
addition to the applicable license fee, a late fee. The late fee shall be the amount fixed
from time to time by resolution of the city council.
B. Right to Hearing. Applicants have the right to an administrative hearing
before the code compliance & support services manager, or his or her designee
concerning fee calculations, penalties, or fines.
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C. Request for Hearing. Applicants may request a hearing in writing to the
development services department within ten (10) days upon the notification of any fees,
penalties or fines. Within ten (10) days of the filing of the request, the code compliance &
support services manager, or his or her designee shall conduct an administrative hearing
on the applicant’s objections, and shall consider whether the total costs as charged have 5
been fairly and accurately calculated. The animal control officer may, in the interest of
justice, cancel, reduce or arrange payment installments of any fees, penalties, or fines
owed by the applicant.
Appeal. The decision of the code compliance & support services manager, or his
or her designee, may be appealed by filing a written notice of appeal with the development
services department within five (5) days after the decision. The appeal shall be heard by
an independent hearing examiner who may affirm, amend, or reverse the decision and
may take any other action deemed appropriate. The development services department
shall give written notice of the time and the place of the hearing to appellant. In conducting
the hearing, the independent hearing examiner shall not be limited by the technical rules
of evidence.
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CHAPTER 6.16
BITING
§ 6.16.010. Rabies suppression, control, and quarantine. 16
A. If it appears to the health officer that any animal has rabies, the health officer
may euthanize such animal immediately, or may hold such animal for further examination
or observation for such time as the health officer may determine to be appropriate.
B. Whenever any animal has been bitten by an animal which has rabies, which
exhibits any symptoms of rabies, or which is otherwise suspected of having or having
been exposed to rabies, the owner or person having custody of such bitten animal shall
immediately notify the health officer, and shall immediately confine the animal and
maintain that confinement until it is established to the satisfaction of the health officer that
such animal does not have rabies. The health officer shall have the power to quarantine
any such animal, or impound it at the owner ’s expense if the owner or person having
custody of such animal fails, refuses, or is unable, in the opinion of the health officer, to
adequately confine such animal immediately, or in the event the owner or person having
custody of such animal is not readily accessible.
C. Whenever it is shown that any animal has bitten any per son, the owner or
person having custody of such animal shall, upon the order of the health officer, quarantine
such animal and keep it confined at the owner’s expense for a minimum period of ten
days for dogs and cats and fourteen days for all other animals, and shall allow the health
officer to make an inspection or examination of such animal at any time during such period
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of quarantine. Animals quarantined pursuant to this subsection shall not be removed from
the premises upon which such animal is quarantined without permission of the health
officer. The health officer is hereby authorized to impound any animal at the owner ’s
expense in the event the owner or person having custody of such animal fails or refuses
to so confine such animal. Animals quarantined pursuant to this subsection shall remain
under quarantine until notice is given by the health officer that such quarantine is
terminated.
D. The health officer may, in their discretion, post or cause to be posted an
appropriate sign on any premises where an animal is quarantined pursuant to this title for
the purpose of warning the public of the fact of such quarantine. It is unlawful for any
person to remove a sign posted pursuant to this subsection without the permission of the
health officer.
E. Whenever the health officer shall determine that an epidemic of rabies exists
or is threatened, the health officer shall have the authority to take such measures as may
be reasonably necessary to prevent the spread of the disease, including but not limited
to the declaration of quarantine against any or all animals in any area of the city as the
health officer may determine and define, for a period of not more than one hundred twenty
days. An additional or extended quarantine period may also be declared if such additional
or extended quarantine period shall be deemed necessary by the health officer for the
protection and preservation of the public health, peace and safety. Any quarantine
declared pursuant to this subsection, other than as restricted herein, shall be upon such
conditions as the health officer may determine and declare.
F. No person shall bring a dog into an incorporated area of the city from any
city located in the County of Riverside in which a reported case of rabies exists or has
existed within the past six months, nor shall any person bring a dog into the incorporated
area of the city from any other county, city, state, or country in which a reported case of
rabies exists or has existed within the preceding six months.
G. In order to protect the public health from the hazard of rabies which has
been found to exist in skunks, a quarantine is imposed indefinitely until released by the
health officer, whereby it is prohibited to trap or capture skunks for pets; to trap, capture ,
or hold skunks in captivity for any reason; to transport skunks from or into the city except
pursuant to a permit issued by the California Department of Public Health Services
pursuant to Title 17, California Administrative Code, Section 2606.8.
§ 6.16.020. Disposition of animals appearing to have rabies. 35
If it appears to the animal control officer or to the health officer that any dog or other
animal has rabies, they may euthanize the animal immediately, or hold the animal for
further examination for such time as they may consider advisable.
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CHAPTER 6.18
Potentially Dangerous and Dangerous Animals
6.18.010 Findings.
A. Due to the increased urbanization in the city, the city has experienced
increasing numbers of dogs and other animals being kept in close proximity to humans,
including children.
B. The keeping of dogs and other animals in close proximity to adults and
children has resulted in increasing incidents of attacks, biting, and menacing behavior by
such dogs and other animals.
C. These incidents now present a public health and safety problem to the
residents of this city and increasing numbers of cases have resulted in painful and/or
serious injuries to adults and children, death and injuries to other animals, attendant
economic losses to city residents, and anxiety to those bitten by unlicensed animals
whose vaccination status is therefore not established.
In an attempt to bring this problem under control, it is necessary to: (1)
increase the total number of animals which are licensed and thus properly established to
have been vaccinated against rabies; (2) encourage the spaying and neutering of
animals, which (a) reduces the number of strays at large and not safely confined, (b)
reduces aggressiveness in animals at large, and (c) reduces the financial cost to
taxpayers of animal control services; and (3) establish a warning and hearing procedure
to put the owners of potentially dangerous or dangerous dogs and other animals on
adequate notice to control such animals and to bring about the confinement of such
animals and the destruction of those animals where other lesser measures have failed or
are inappropriate.
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D.
6.18.020 Definitions.
Whenever, in this chapter or in any resolution or standard adopted by the city council
pursuant to this chapter, the following terms are used, they shall have the meaning
ascribed to them in this section, unless it is apparent from the context that some other
meaning is intended.
“Attack” means any action by an animal which places a person in danger of immediate
bodily harm.
“Dangerous animal” means:
1. Any animal which has twice within a forty-eight (48) month period in
two separate incidents has, actively pursued, attacked, bitten or otherwise caused a less
severe injury than a “substantial injury” (as defined in this section), to another person or
animal engaged in a lawful activity;
2. Any animal which has once attacked, bitten, or otherwise caused
injury to a person or animal engaged in lawful activity, resulting in death or substantial
injury;
3. Any animal which has been previously declared a potentially
dangerous animal and the owner/custodian has failed to restrain the animal as so
directed; or
4. Any dog which has been declared a “potentially dangerous dog” as
defined by California State Law during any legal hearing process.
“Potentially dangerous animal” means:
1. Any animal which has once actively pursued, attacked, bitten, or
otherwise caused a less severe injury than a “substantial injury” (as defined in this
section), to another person engaged in a lawful activity.
2. Any animal which has once attacked, bitten, or otherwise caused a
less severe injury than a “substantial injury” (as defined in this section), to another animal.
3. Any animal which is found actively pursuing dogs, cats, or animals.
“Substantial injury” means a substantial impairment of the physical condition of a person
or animal which requires professional medical treatment, including, but not limited to, loss
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of consciousness; concussion; bone fracture; protracted loss or impairment of function of
any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound
requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
“Secure enclosure” means a fence or structure suitable to prevent the entry of young
children and which is suitable to confine a potentially dangerous or dangerous animal in
conjunction with other measures which may be taken by the owner or keeper of the
animal, or at the direction of the animal services manager. The enclosure shall be
designed to prevent the animal from escaping and to prevent an adult or child from coming
in contact with the animal. (A chain where a person can walk within the length of the chain,
or an electric collar or invisible fence is not a sufficient restraint or enclosure.)
“Vicious dog” means:
1. Any dog which, when unprovoked, in an aggressive manner, inflicts
injury on or kills a human being or animal.
2. Any dog previously determined to be and currently listed as a
potentially dangerous dog which after its owner or keeper has been notified of this
determination, continues that behavior described in Section 31062 of the Food and
Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the
Food and Agricultural Code.
6.18.030 Administrative restraint order for potentially dangerous animals.
A. If the County of Riverside has cause to believe that an animal is a potentially
dangerous animal, the animal control officer shall issue a potentially dangerous animal
restraint order to the owner(s) or custodian(s) of any such dog or animal that fits the
description described in this chapter, of a potentially dangerous animal. The order shall
be served by hand-delivery or certified and first-class mail. The order shall notify the
owner(s) or custodian(s) of such animal(s) that such owner(s) custodian(s) is/are required
thereafter at all times to keep such animal(s) in a secure enclosure or provide such other
adequate secure restraint as may be specified on the restraint order.
B. An owner(s)/custodian(s) of an animal(s) receiving a potentially dangerous
animal restraint order may request a hearing on the order by a hearing officer selected
by the city manager or his or her designee. The request for a hearing must be submitted
in writing, during the ten (10) calendar days following the service of the order. Pending
such hearing, the animal must be kept in a secure enclosure or adequately restrained as
specified in the restraint order.
C. Failure of the owner(s)/keeper(s) to request a hearing on the restraint order
within the ten (10) day period, or failure to attend or be represented at a scheduled
hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing
requirements provided herein.
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All hearings pursuant to subsection (B) of this section shall be conducted by
the hearing officer who shall not have been directly involved in the subject action.
Hearings shall be held not more than ten (10) working days from the date of receipt of the
request for the hearing and shall be conducted in an informal manner consistent with due
process of law. A hearing may be continued for a period of time not to exceed thirty (30)
days if the hearing officer deems such continuance to be necessary and proper. Within
ten (10) days after the conclusion of the hearing, the hearing officer shall render, in writing,
his or her findings, decision and order thereon and shall give notice of the findings,
decision and order to the owner or custodian of the subject animal; service of such notice
shall be by mail or hand delivery.
D.
An animal which has been determined to be a potentially dangerous animal
following the conclusion of the process described in subsections A through D of this
section shall be added to a list of potentially dangerous animals maintained by the County
of Riverside. Once an animal has been determined to be a potentially dangerous animal,
if there are no additional instances of the behavior described in Section 6.18.020 within a
forty-eight (48) month period from the date of the restraint order, the animal may be
removed from the list of potentially dangerou s animals by the animal control officer.
E.
6.18.040 Impoundment and abatement of dangerous animals.
The Riverside County Department of Animal Services is authorized and empowered
to impound and/or abate (destroy), or cause to impound and/or abate (destroy) any
dangerous animal as a public nuisance independently of any criminal prosecution or
the results thereof by any means reasonably necessary to protect the health, safety ,
and welfare of the public including, but not limited to, the imposition upon the owner
and/or custodian of specific, reasonable restrictions and conditions for the
maintenance of the animal. In carrying out an abatement, the development services
department shall follow the procedure established in this code. Restrictions and/or
conditions resulting from abatement proceedings may include, but are not limited to
the following:
A. Requiring the owner of the animal, possessor of the animal or owner of the
premises on which the animal is kept to obtain and maintain liability insurance in the
amount of one hundred thousand dollars ($100,000.00) and to furnish a certificate or proof
of insurance by which the division shall be notified at least thirty (30) calendar days prior
to cancellation or nonrenewal;
B. Requirements as to the size, construction, and design of a structured
enclosure for the animal;
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C. Location of the animal’s residence including prior notice of plans to move
the animal to another location or to a location outside of the city and obtaining approval
from the Riverside County Department of Animal Services and city to do so after proper
notification of animal regulation in the new jurisdiction;
D. Requirements as to type and method of restraints for the animal; including
but not limited to leashes, muzzles and confinement in a kennel or other facility;
E. Photo identification or permanent marking of the animal for purposes of
identification;
F. A requirement to obtain a dangerous animal registration and/or requiring a
tattoo or microchip noting the declaration and registration with Riverside County
Department of Animal Services;
A requirement to spay or neuter the animal;
G.
H. Requirements to allow inspection of the animal and its enclosure by the
County of Riverside, or any other law enforcement agency without warrant, and to
produce upon demand, proof of compliance with such requirements of this section; as
may be applicable;
I. Obtaining written permission to keep the animal on certain specified
premises from the landlord/owner, in the event that the owner/custodian of the dangerous
animal is a tenant or occupant on real property where the animal is being kept;
Any person who violates any provision of this section is guilty of an infraction
or misdemeanor, if charged.
J.
6.18.050 Placement of warning signs.
It is unlawful for the owner or person in charge of any animal that has been found to
be a potentially dangerous animal, dangerous animal or vicious animal to fail, neglect
or to refuse to keep posted in a conspicuous place at or near the entrance to the
premises on or within which any dog or animal is kept, a sign having letters at least
two inches in width and two inches in height and reading “Beware of vicious dog” or
“Beware of vicious animal,” as may be appropriate.
6.18.060 Change of ownership, custody and/or location of animal.
A. The owner and/or custodian of an animal that is on restriction as above
provided and who moves or sells the animal(s), or otherwise transfers the ownership,
custody or location of the animals(s), shall, at least fifteen (15) days prior to the actual
transfer or removal of the animal, notify the County of Riverside in writing of the name,
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address and telephone number of the proposed, new owner or custodian, and/or the
proposed, new location of the animal, and the name and description of the animal(s). The
County of Riverside and/or the city may prohibit the proposed relocation for cause.
B. The owner and/or custodian shall, in addition to the above, notify any new
owner or custodian in writing regarding the details of the animal’s record, and the terms
and conditions for confinement and control of the animal. The transferring owner and/or
custodian shall also provide the division with a copy of the notification to the new owner
or custodian containing an acknowledgment by the new owner or custodian of his or her
receipt of the original notification and acceptance of the terms and conditions. The County
of Riverside and/or the city may impose different or additional restrictions or conditions
upon the new owner or custodian.
C. If the animal should die, the owner and/or custodian shall notify the County
of Riverside no later than twenty-four (24) hours thereafter and, upon request, from the
County of Riverside shall produce the animal(s) for verification. If the animal escapes, the
owner and/or custodian shall immediately notify the County of Riverside and make every
reasonable effort to recapture the escaped animal.
D. An animal that has been declared dangerous or vicious in any legal hearing,
as a result of aggressive behavior, outside the confines of the city, may not be relocated
in the city.
Any person who violates any provision of this section is guilty of an infraction
or misdemeanor, if charged.
E.
6.18.070 Possession unlawful without adequate restraint.
It is unlawful for a person to have the custody of or own or possess an animal that is
restricted as above provided, unless the animal continues to be restrained or confined to
prevent it from being at large or from causing damage to any property or injury to any
person or other animal. Any person who violates any imposed restriction is guilty of a
misdemeanor.
6.18.080 Surrender of animal upon demand.
The owner and/or custodian of any animal on restriction who is in violation of Section
6.18.070 shall surrender such animal to the Riverside County Department of Animal
Services upon demand.
6.18.090 Exclusions.
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This chapter does not apply to dogs while utilized by any police department or any law
enforcement officer in the performance of police work.
6.18.100 Court proceedings.
Nothing in this chapter shall prevent the city or any other party from commencing and
maintaining court proceedings for the restriction or destruction of any animal as
authorized under Food and Agricultural Code Section 31601 et seq.
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CHAPTER 6.20 1
IMPOUNDMENT 2
§ 6.20.010. Impounding of animals. 3
It shall be the function and within the power of the animal control officer to take up,
impound, and safely keep any animal mentioned in this title that is found running at
large, staked, tied, or being herded or pastured in any street, lane, alley, court, square,
park or other place belonging to or under the control of the city, or upon any private
property, contrary to the provisions of this title or to the right of the public. All
impoundments shall comply with state holding periods under Food & Ag. Code §§
31108 and 31752 (Hayden’s Law), requiring a minimum of four (4) business days for
strays without identification and six (6) business days for those with identification before
adoption or euthanasia, unless the animal is irremediably suffering.
§ 6.20.020. Notification of owner. 14
The animal control officer shall, immediately upon impoundment of dogs or other
animals, make a reasonable effort to notify the owners of the dogs or other animals
impounded, and inform the owners of the conditions whereby they may regain custody
of the animals. If the dog has a valid license, the owner shall be notified, either
personally or by deposit of appropriate notice in the mail addressed to the record
address with postage prepaid. The dog must be kept for ten (10) days from date of notice
for the owner to claim the animal.
§ 6.20.030. Disposition of unclaimed animals. 23
All animals impounded at the city shelter shall be provided with proper and sufficient
food and water. Unless unlicensed animals have been claimed within five (5) days after
the notification provided for in Section 6.20.020, they may be sold by the animal control
officer to the person offering to pay a cash amount set by the animal control officer;
provided, that the purchaser shall not be given possession of any dog until he or she
has paid to the animal control officer the license fee for the dog and until he or she has
made appropriate arrangements for any necessary rabies vaccination. If any dog or
other animal impounded by the animal control officer has not been claimed within said
period and cannot be sold within a reasonable time thereafter, it may be euthanized by
the animal control officer in a humane manner. In lieu of euthanasia, animals may be
released without charge to any humane organization that provides an animal adoption
service. The animal control officer shall maintain a file describing each animal
impounded in the city shelter, beginning on the day any such animal is taken or
delivered into the possession of the shelter.
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§ 6.20.040. Destruction of animals dangerous to impound. 2
The animal control officer is authorized to immediately euthanize any animal lawfully
impounded which is by reason of disease or other cause dangerous or inhumane to
keep impounded.
§ 6.20.050. Reclaiming animals. 6
Pursuant to Section 6.12.150(B), the owner of any licensed impounded animal shall
have the right to reclaim it at any time prior to the lawful disposition thereof, upon
payment to the animal control officer and charges provided in this title for the
impounding and keeping of such animals. Any person claiming ownership of any
unlicensed impounded animal shall be required to present proof of ownership
satisfactory to the animal control officer, and thereafter the animal may be released to
the claimant upon his or her making payment of all applicable costs, fees and charges
prescribed in this chapter, and upon his making appropriate arrangements for any
necessary rabies vaccination.
Any dog, four (4) months of age or older, which has been impounded shall not be
released from impoundment unless it is licensed in accordance with the provisions of
this code.
§ 6.20.060. Impoundment fees. 20
Pursuant to Section 6.12.150(B), and except in cases when disposition of an animal is
made pursuant to Section 6.20.030, the animal control officer shall charge, receive
and collect fees for impoundment, care and feeding of impounded animals. The nature
and amounts of such fees shall be as f ixed from time to time by resolution of the city
council. In the absence of any such fee or fees having been so established, the animal
control officer may collect and deposit in the appropriate accounts provided for such
purpose, a fee or fees in the amount or amounts as is applicable for similar functions
or services in the unincorporated areas of the county.
30
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CHAPTER 6.24
Noisy Animals
6.24.010 Findings.
The disturbance caused by excessive, unrelenting or habitual noise of any animal is
disruptive of the public’s peace and tranquility and represents an unwanted invasion
of the privacy of the residents of the City of Palm Desert. At certain levels, the
excessive, unrelenting, or habitual noise of any animal may jeopardize the health,
safety, or general welfare of Palm Desert residents and degrade their quality of life.
6.24.020 Purpose.
It is declared to be in the public interest to promote the health and welfare of the
residents of the City of Palm Desert by providing for an administrative proceeding for
the abatement of such noisy animal nuisances, which abatement procedures shall be
in addition to all other proceedings authorized by city ordinances or otherwise by law.
6.24.030 Authority.
This chapter is adopted pursuant to the City Council’s police power as set forth under
Article XI, section 7 of the California Constitution.
6.24.040 Exemptions.
This chapter shall not apply to noise or sound made by an official law enforcement
dog while on duty.
6.24.050 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. “Complaining party” means any person or persons who contact the city or
Riverside County Department of Animal Services to report a noisy animal or animals.
“
B. Noisy animal” means any animal or animals maintained on the same
premises or location that produces noise, such as barking, howling, crying, or other
sounds, that is audible from the property line of a neighboring property or a public areas,
and that meets one or more of the following criteria:
1. The noise occurs continuously and uninterrupted for a period three
(3) minutes or more; or
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2. The noise occurs intermittently for a total duration exceeding ten (10)
minutes within any one (1)-hour period; or
3. The noise occurs on at least three (3) separate days within a thirty
(30)-day period, with each occurrence lasting continuously for one (1) minute or more; or
4. The noisy animals' excessive, unrelenting, or habitual barking,
howling, crying, or other noise or sounds annoy or become offensive to a resident or
residents in the vicinity, thereby disturbing the peace or the neighborhood or causing
excessive discomfort to any reasonable person of normal sensitivity.
5.
C. “Responsible party” means any of the following:
1. The person or persons who own the property where the noisy animal
is located;
2. The person or persons in charge of the premises where the noisy
animal is located;
3. The person or persons occupying the premises where the noisy
animal is located;
4. The owner of the noisy animal.
If any of these persons are minors, the parent or parents or a guardian of such minor
shall be the responsible party.
6.24.060 General prohibition—Declaration of noisy animal as a public nuisance.
A. It is unlawful and a public nuisance for any person to allow on their property,
own, keep, permit, harbor or have in their care, custody or control a noisy animal.
It is unlawful for the responsible party, after being informed in writing that his
or her animal has been declared a noisy animal and that the maintenance of a noisy
animal is a public nuisance, to fail, refuse or neglect to take whatever steps or use
whatever means are necessary to assure that such noisy animal does not again disturb
residents in the vicinity in which the noisy animal is kept.
B.
6.24.070 Noisy animal warning notice.
A. When an animal control officer is notified of a possible noisy animal and has
personally confirmed the existence of a noisy animal, or has received a written complaint
under penalty of perjury of such noisy animal signed by a complaining party, the animal
control officer shall issue a noisy animal warning notice (“warning notice”) to the
responsible party. Such warning notice shall specify that the continued barking, howling
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or other noise or sounds of such animal is in violation of this chapter and that the noisy
animal nuisance must be abated immediately to avoid further action by the city. The
warning notice shall be personally served or served by mail upon the responsible party.
If service by mail or personal service cannot be safely made or reasonable attempts at
personal service have failed, the warning notice shall also be posted at the premises upon
which the animal is located. A copy of the warning notice shall be filed with the
Department of Animal Services The animal control officer shall within five (5) days of
issuance of the warning notice, make a reasonable attempt to speak personally or by
telephone with the responsible party concerning the matter, including what efforts have
been made to abate the nuisance.
If within five (5) days of the issuance of the warning notice the animal control
officer determines that the barking, howling or other sound or cry was provoked or that
such barking, howling or other sound or cry was not excessive, unrelenting or habitual,
the animal control officer shall cause the warning notice to be voided and the responsible
party to whom it was issued to be so notified. In the event a warning notice has been
voided, such warning notice shall not be considered as having been issued for the
purposes of Sections 6.24.080, 6.24.130, or 6.24.150 of this chapter.
B.
6.24.080 Declaration of complaint of noisy animal and petition for administrative 19
hearing.
A. When the animal control officer receives a subsequent verbal or written
complaint concerning a noisy animal at the same location within twelve (12) months after
the issuance of a warning notice, the animal control officer shall determine whether there
is a violation of this chapter. If there is a violation of this chapter, a declaration of complaint
of noisy animal and petition for administrative hearing (“declaration of complaint and
petition”) shall be issued by the animal control officer to the complaining party. The
procurement of a petition form from the city requires a minimum of three witnesses from
separate three separate households which shall be of evidence of a habitually barking
animal. The complaining party shall be informed that further action may not be warranted
if the responsible party is in compliance with subsection B. of Section 6.24.060 of this
chapter, but in any case, no further action can be taken until the completed declaration of
complaint and petition is received by the animal control officer.
B. The declaration of complaint and petition shall be completed under penalty
of perjury by the complaining party and returned within ten (10) days to the animal control
officer.
The animal control officer, upon receipt of a timely executed declaration of
complaint and petition, shall set the case for hearing before an administrative hearing
officer. The hearing shall be set at least ten (10) days from the date the declaration of
complaint and petition is received and no more than thirty (30) days after the date the
declaration of complaint and petition is received. The animal control officer shall notify the
complaining party and responsible party of the date, time, and p lace for the hearing. The
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notice of hearing shall advise the complaining party and responsible party that they may
present evidence at the hearing through witnesses and documents. The notice of hearing
shall be accompanied by a copy of the completed declar ation of complaint and petition.
The notice of hearing shall be personally served or served by mail on all parties. If the
notice of hearing cannot be mailed or safely served by personal service or reasonable
attempts at personal service have failed, then it may be posted upon the premises where
the animal is kept.
C.
6.24.090 Administrative hearing officer.
A determination whether an animal is violating this chapter shall be made by an
administrative hearing officer. The administrative hearing officer shall have the power
to hear testimony from witnesses, including complainants, peace officers, animal
control officers, or other witnesses or parties including the responsible party, to
determine whether the maintenance of the animal is a public nuisance and to order
the abatement of such nuisance by taking such actions as set forth in this chapter.
6.24.100 Administrative abatement hearing regarding noisy animal.
The hearing before the administrative hearing officer shall be open to the public. The
administrative hearing officer may admit all relevant evidence, including incident
reports and affidavits of witnesses. The administrative hearing officer may decide all
issues even if the responsible party for the animal fails to appear at the hearing. If the
complaining party fails to appear at the hearing and the investigating animal control
officer does not have personal knowledge of the noisy animal, the complaint shall be
dismissed. The administrative hearing officer may find, upon a preponderance of the
evidence, that the animal is a noisy animal and the maintenance of such noisy animal
is a public nuisance. Upon the conclusion of the hearing, the administrative hearing
officer may orally announce the decision as to whether the animal is a noisy animal.
6.24.110 Determination and order.
Within five (5) business days after the conclusion of the hearing, the administrative
hearing officer shall, by mail and/or posting, notify the responsible party of the
administrative hearing officer’s determination and any orders issued. The order shall
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be called an administrative abatement order. If the administrative hearing officer
determines that the animal is a noisy animal and the maintenance thereof, a public
nuisance, the responsible party shall comply with the administrative hearing officer ’s
order within five (5) days after the date of mailing and/or posting of the determination
and order. The decision of the administrative hearing officer shall be final.
6.24.120 Administrative abatement measures.
The administrative hearing officer may, as part of his or her determination that the
animal is a noisy animal and a public nuisance, direct the responsible party to perform
one or more of the following actions:
A. Containment of the noisy animal within an enclosed building on the
premises of the responsible party;
B. Require that the noisy animal wear a noise suppression device obtained at
the expense of the responsible party to reduce or eliminate the noise creating the
nuisance;
C. Require that the noisy animal undertake obedience training designed to
abate the nuisance problem when appropriate and under the conditions imposed by the
administrative hearing officer and at the expense of the responsible party;
D. Restrict the time of day, days of the week and duration when the animal may
be placed out-of-doors on the premises of the responsible party;
E. Require the noisy animal be debarked at the expense of the responsible
party;
F. Require the responsible party to permanently remove the noisy animal from
said property;
G. Any other reasonable means to accomplish the abatement of the nuisance.
6.24.130 Failure to comply with administrative order.
It is unlawful for any responsible party to fail, neglect or refuse to comply with an
administrative abatement order of the administrative hearing officer within the time
specified in said order. Should any party subject to the administrative abatement order
fail to comply with the order, in whole or in any part thereof, that party or those parties
may be subject to administrative remedies to enforce the administrative abatement
order as set forth in this chapter, including but not limited to administrative citations
and penalties and any other lawful means necessary to gain compliance, including a
civil action.
6.24.140 Civil action.
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In the event any person shall fail, neglect or refuse to comply with an administrative
abatement order of the administrative hearing officer within the time specified in said
order and the public nuisance continues to exist, a civil action may be commenced to
obtain the abatement of the noisy animal public nuisance.
6.24.150 Administrative and criminal citations and penalties for violation of the 5
administrative hearing officer’s order.
In addition to the remedies and penalties contained in this chapter, and in accordance
with Government Code section 53069.4, an administrative and/or criminal citation may
be issued for failure to comply with an administrative abatement order of the
administrative hearing officer. The following procedures shall govern the imposition,
enforcement, collection, and administrative review of administrative citations and
penalties.
A. Issuance of Citations. If the public nuisance is not corrected within
the period stated in the administrative abatement order, an administrative and/or criminal
citation may be issued by a county animal control officer.
B. Administrative and criminal citation penalties.
1. The penalties assessed for each violation of the administrative
abatement order issued by the administrative hearing officer shall not exceed the
following amounts:
a. One hundred dollars ($100.00) for a first violation;
b. Two hundred dollars ($200.00) for a second violation of the
same administrative abatement order within one year;
c. Five hundred dollars ($500.00) for each additional violation of
the administrative abatement order within one year.
2. If the violation is not corrected, additional administrative and/or
criminal citations may be issued for the same violation. The amount of the penalty shall
increase at the rate specified above.
3. Payment of the penalty shall not excuse the failure to correct the
violation nor shall it bar further enforcement action.
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Appeals Process. Citations and penalties may be appealed pursuant to the
administrative procedures set forth in Chapter 8.81 of the Palm Desert Municipal Code.
C.
6.24.160 Not exclusive remedy.
The provisions of this chapter are to be construed as an added remedy of abatement
of the nuisance hereby declared and not in conflict with or derogation of any other
actions or proceedings or remedies otherwise provided by law.
CHAPTER 6.28
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OFFENSES 1
§ 6.28.010. Dogs running at large. 2
No owner or keeper of a dog shall allow, permit or suffer the dog, whether licensed or
unlicensed, to be or run at large in or upon any public place or premises, or in or upon
any unenclosed private place or premises, or in or upon any enclosed private place or
premises other than those of the owner or keeper except with the consent of the person
in charge of the private place or premises, unless the dog is securely restrained by a
substantial leash not exceeding six feet in length and is in charge and control of a
person competent to keep the dog under effective control.
11
§ 6.28.020. Dog defecation to be removed by owner. 17
A. No person owning, keeping, or having in his or her care or custody any dog
shall knowingly fail, refuse or neglect to clean up any feces of the dog immediately and
dispose of it in a sanitary manner whenever the dog has defecated upon public or private
property without the consent of the public or private owner or person in lawful
possession or charge of the property.
B. The provisions of subsection (A) of this section shall not apply to a visually-
impaired person being accompanied by a guide dog or signal dog, nor shall they be
construed to require or countenance any act of trespass upon private property. Whenever
the feces to be cleaned up cannot be reached without a significant trespass upon the
private property on which the feces is located, the person having the duty pursuant to
subsection (A) of this section to clean it up shall first obtain consent to do so from the
owner or person in lawful possession or charge of the property.
C. No person owning, keeping, or having in his or her care or custody, any dog
shall knowingly fail, refuse or neglect to clean up any feces from their property, owned or
rented, no less than twice a week and disposed of in an air tight container. Such
container(s) shall be removed from the property no less than once a week.
§ 6.28.030. Retention of dog by other than owner. 35
No person shall, without the knowledge or consent of the owner, hold or retain
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possession of any dog of which he or she is not the owner, for more than twenty-
four hours without first reporting the possession of the dog to the animal control officer,
giving his or her name and address and a true description of the dog and then causing
the dog to be impounded at the city animal shelter for return to the legal owner. At the
discretion of the animal control officer, any such finder of a dog may be allowed to retain
possession of the dog in lieu of impoundment. In such case, the animal control officer
shall make all normal and regular efforts to ascertain the true owner of the dog and
advise him of the whereabouts of the dog.
§ 6.28.040. Unauthorized removal of animal from shelter. 10
No person shall remove any impounded animal from the city animal shelter without the
consent of the animal control officer.
§ 6.28.050. Dogs at public schools prohibited. 14
No person shall bring any dog, except a seeing eye dog, guide dog, signal dog, and
service dog onto any public school property. This section shall not, however, be
deemed to prohibit the use of dogs on school property for teaching or other school uses
when approved by the proper school authorities.
§ 6.28.060. Interference with police dogs. 20
No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure,
disable or kill any dog used by the police department, or any other law enforcement
officer in the performance of the functions or duties of such department, or interfere with
or meddle with any such dog while being used by the department or any member thereof
in the performance of any of the functions or duties of the department or of the officer
or member.
§ 6.28.070. Number of pets allowed. 27
It is unlawful for any person to keep or harbor more than four (4) animals of any
combination on residential premises. This does not include kittens under the age of
three (3) months or puppies under the age of four (4) months.
33
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1
§ 6.28.080. Unlawful backyard breeding.
Backyard breeding is hereby prohibited. No person shall breed, sell, transfer, or otherwise
give away any dog, or any part of a litter of dogs, that has been bred or reared on a
property zoned for residential use.
§ 6.28.090. Unlawful sales or giving away of any animals on public or private 11
property.
No person shall, in the incorporated area of the city, offer for sale or sell or give away
or transfer for adoption any cat, kitten, dog, or puppy on any public street, public
sidewalk, public park, or private property. This section does not apply to adoptions by
licensed humane societies, rescues, or shelters (Health & Safety Code § 122350).
§ 6.28.100. Unlawful training for the purpose of dog fighting
No person shall own or harbor any dog for the purpose of dog fighting; nor train, torment,
badger, bait or use a dog for the purpose of causing or encouraging said dog to
unprovoked attacks on human beings or domestic animals. Nor shall any person outfit
any dog with a training device for fighting or attack, such as a weighted collar around the
neck of the dog. (See also § 6.20.070(C).)
§ 6.28.110 Livestock and fowl prohibited within city limits
It shall be unlawful for any person to own, keep, or harbor livestock or fowl, including
but not limited to cattle, sheep, goats, swine, poultry (including chickens, roosters,
turkeys, or other fowl), horses, or donkeys, within the city. The keeping of any animal
other than a common household pet, such as a dog or cat, is prohibited.
§ 6.28.120 Animal cruelty and neglect prohibited.
It is unlawful for any person to neglect, abandon, or cruelly treat any animal in violation
of Penal Code §§ 597, 597.1, 597a, 597.7, or 597s. Owners must provide adequate
food, water, shelter, veterinary care, and sanitation. Animals may not be transported in
an inhumane manner or left in unattended vehicles under conditions endangering their
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health (e.g., extreme heat or cold). Animal control officers may seize neglected animals
and provide emergency care, with owners liable for costs.
§ 6.28.130 Tethering restrictions.
It is unlawful to tether a dog or other animal to a stationary object for more than three
hours in a 24-hour period, or in a manner that causes injury, entanglement, or restricts
access to food, water, or shelter. Tethers must be at least ten (10) feet long and allow
free movement without risk of strangulation.
§ 6.28.140 Trap-neuter-return (TNR) program support.
The City encourages humane management of feral cats through TNR programs.
Authorized rescuers or organizations may trap, sterilize, vaccinate, and return feral cats
to their original location, provided they comply with rabies vaccination requirement s and
do not create nuisances.
§ 6.28.150. Public nuisance. 13
The introduction, ownership, possession or maintenance of any animal, or the allowing
of any animal to be, in contravention of this title, is, in addition to being a violation,
declared to be a public nuisance. The city manager or his or her designee, the animal
control officer, the county health officer, and peace officers are authorized, directed and
empowered to summarily abate any such public nuisance independently of any
criminal prosecution or the results thereof of any means reasonably necessary
including but not limited to the euthanasia of the animal or animals involved, or by the
imposition of specific reasonable conditions and restrictions for the maintenance of the
animal. Failure to comply with such conditions and restrictions of this title is an
infraction. The owner shall reimburse the city for all costs incurred in verifying
compliance and enforcing the provisions of this section. The city may also commence
proceedings in accordance with the provisions of Chapter 8.20 of this code relative to
abatement procedures for public nuisances.
§ 6.28.160. Violation—Penalty. 27
Any person violating the provisions of the section of this chapter shall be guilty of an
infraction and upon conviction thereof shall be punished by:
A. A fine not exceeding fifty dollars ($50) for the first violation;
B. A fine not exceeding one hundred dollars ($100) for the second violation within one 32
year;
C. A fine not exceeding two hundred dollars ($200) for each additional violation within 34
one year.
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3
651
652
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING TITLE 6 OF
THE PALM DESERT MUNICIPAL CODE RELATING TO
ANIMAL CONTROL AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
City Attorney Summary
This ordinance amends Title 6 of the Palm Desert Municipal Code to
modernize the City’s animal control regulations, incorporating updated
definitions, mandatory spaying/neutering and microchipping requirements,
and new provisions addressing backyard breeding, tethering restrictions,
noisy animal nuisances, and enhanced enforcement procedures for vicious
or dangerous animals. The changes align with contemporary animal welfare
standards, state laws, and services provided through agreements with
Riverside County, while promoting responsible pet ownership and public
safety.
WHEREAS, the City of Palm Desert (“City”) currently maintains Title 6 of the Palm
Desert Municipal Code (“PDMC”), which establishes regulations for animal control,
including definitions, dog licensing, and related provisions; and
WHEREAS, the existing Title 6, adopted in 1998 and minimally amended since, is
in need of updating to address contemporary issues in animal welfare, public safety, and
community standards, such as mandatory spaying/neutering, microchipping, restrictions
on backyard breeding, tethering limitations, noisy animal nuisances, and enhanced
procedures for vicious or dangerous animals; and
WHEREAS, the proposed new Title 6 updates and expands the existin g code by
reorganizing chapters, incorporating modern definitions, integrating references to state
laws (including the California Penal Code, Food and Agricultural Code, and Health and
Safety Code), enhancing enforcement powers for the Animal Control Officer, adding
provisions for rabies control, impoundment procedures, noisy animal abatement, and
various offenses to promote humane treatment of animals and reduce public nuisances;
and
WHEREAS, the new Title 6 aligns with services provided through agreements with
Riverside County, including animal sheltering and health officer functions; and
WHEREAS, these updates are intended to improve animal welfare, protect public
health and safety, reduce stray animal populations, and provide clearer administrative
processes for enforcement, hearings, and penalties, all while maintaining consistency
with state mandates; and
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WHEREAS, the City Council has determined that adopting the new Title 6 will
benefit the community by fostering responsible pet ownership and minimizin g animal-
related conflicts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and determines that the
foregoing recitals are true and correct and are incorporated herein b y this reference as
though fully set forth herein.
SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Title
6 Animal Control is amended to read as set forth in Exhibit “A” attached hereto and
incorporated herewith.
SECTION 3. CEQA Determination. The City Council finds and determines that
the adoption of this Ordinance is not a “project” under the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5) as it consists of
organizational and administrative activities of government that will not result in direct or
indirect physical changes to the environment, or alternatively, is exempt under CEQA
Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility
of a significant effect on the environment.
SECTION 4. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable.
The City Council hereby declares that it would have adopted this Ordinance irrespective
of the invalidity of any particular portion thereof.
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after
the date of its passage and adoption.
SECTION 6. Publication. Within fifteen (15) days after its passage and adoption,
the City Clerk shall cause a copy of this Ordi nance to be published or posted in
accordance with the provisions of Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this ____ day of __________, 2025.
________________________________
JAN HARNIK
MAYOR
ATTEST:
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ANTHONY J. MEJIA
CITY CLERK
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EXHIBIT “A”
CHAPTER 6.04
DEFINITIONS
§ 6.04.010. Definitions generally.
For the purposes of this title, the following definitions apply unless the context
clearly requires a different meaning. Certain chapters within this title may include
definitions specific to their subject matter, which are not repeated here.
§ 6.04.020. Definitions.
“Altered” means a male animal that has been neutered or a female animal that has
been spayed. Also referred to as a sterile animal.
“Animal control officer” means the code compliance & support services manager
of the City of Palm Desert or his or her designee. The animal control officer has the
authority to delegate animal control duties to code enforcement officers, other employees
of the city, and contracted animal control providers, provided all contracted roles are
subordinate to city oversight. Animal control duties may also be assigned to any individual
or entity otherwise obligated by State law or city contract to perform animal control
functions within the city.
“At large” means any dog off its owner’s, custodian’s, or caretaker’s property that
is not physically restrained by a leash, carrier, or secured enclosure. Voice, eye, or signal
control alone is not sufficient restraint. Leashes must be appropriate size and material to
the dog and held by a person capable of maintaining control.
“Backyard breeding” means the breeding, selling, transferring, or giving away of
all or part of any litter of dogs that were bred and reared on a residentially zoned property.
“Cattery” means any building, structure, enclosure, or premises where five or more
cats aged three months or older, are kept or maintained.
“City” means the City of Palm Desert.
“City manager” means the city manager of the City of Palm Desert or their
designee.
“County” means the county of Riverside.
“Development services department” means the development services department
of the City of Palm Desert.
“Dog” means any member of the genus Canis, including both female and male
dogs, and any recognized domestic dog breed.
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“Exigent circumstances” means circumstances in which the officer, in his/her
reasonable judgment, determines that a life threatening or serious injury may occur if
immediate action is not taken, i.e., animal may die if not immediately transported to a
veterinarian, or animal may bite and seriously injure a human or animal if not immediately
impounded, or animal may die if officer does not immediately enter proper ty and rescue,
etc.
“Guide dog” means any guide dog or Seeing Eye dog that was trained by a person
licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business
and Professions Code or that meets the definitional criteria under federal regulations
adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law
101-336).
“Health officer” means the Riverside County Public Health Officer or his or her
designee, who has been recognized by the city council as p ossessing the legal authority
to act as the health officer pursuant to this title.
“Kennel” means any building, structure, enclosure, or premises, whether
residential or commercial where five or more dogs aged four months or older are kept,
boarded, or maintained.
“Owner” means any person who is the legal owner, keeper, harborer, possessor,
or the actual custodian of any animal. Ownership also includes individuals claiming
ownership and assuming care, whether or not documented, unless rebutted by evidence
to the contrary.
“Service dog” means any dog individually trained to do work or perform tasks for
the benefit of an individual with a disability, including, but not limited to, minimal protection
work, rescue work, pulling a wheelchair, or fetching dropped items.
“Signal dog” means any dog trained to alert a deaf person, or a person whose
hearing is impaired, to intruders or sounds.
“Unaltered and unspayed” means a dog or cat, four months old or older, that has
not been spayed or neutered. A condition that exists in an animal that permits the
production of offspring.
“Unlicensed” means any animal for which there is no valid or current city-issued
license.
657
Chapter 6.08
ANIMAL CONTROL OFFICER
6.08.010. Powers of enforcement, duties and powers of officers.
A. Under the direction of the city manager or their designee, the code
compliance & support services manager shall act as animal control officer for the city and
supervise the administration and enforcement of this title and the laws of the state of
California pertaining to the control of animals (including dogs).
B. The city council may enter into a written agreement or agreements with any
approved contractor, licensed veterinarian, or any organized humane society or
association, which will undertake to carry out, under the direction of the code compliance
& support services manager, the provisions of this title. The contractor shall maintain and
operate an animal shelter, which will license, take u p, impound, and dispose of animals.
Any such veterinarian or society or association which shall enter into such an agreement
shall carry out all of the provisions of this title in the manner herein prescribed.
C. In the performance of his or her duties as such, the animal control officer
and his or her deputies and assistants are invested with the power and authority of a
police officer of the city but shall not be deemed to be members of the police department.
The code compliance & support services manager, a nimal control officers, his or her
deputies and assistants, code compliance officers, and all peace officers are empowered
to enforce this title and any statute of the state relating to animals, unless otherwise
provided by law.
D. It shall be the duty of all peace officers within the County of Riverside, to
cooperate with and assist the animal control officer in the enforcement of the provisions
of this chapter, and in the enforcement of California State law relating to the regulation,
care and/or keeping of animals, and such peace officers and the animal control officer or
his or her designees shall be empowered to:
1. Receive, take up and impound any dog or other animal found running
at large in violation of this code or of any law of the State of California.
2. Issue a warning notice for, citation for, or investigate any violation of
any provision of this code or California law regarding the care or keeping of animals.
3. Investigate whether a dog is licensed in compliance with the
requirements of this title.
4. Seize and impound any animal as authorized under this code or state
law. When the animal to be taken or seized is located inside a private residence or in its
curtilage, a judicial order directing seizure of the animal shall, absent exigent
circumstances, be obtained prior to seizure.
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5. Regularly and adequately feed, water, and otherwise care for any
animals impounded under the provisions of this code or state law or to provide for such
feeding and/or watering and care.
6. Follow the provisions of this code, policies or state law in humanely
destroying or giving emergency care to sick or injured animals.
7. The code compliance & support services manager, any peace
officer, or officer charged with the responsibility for enforcement of the provisions of this
code or state law governing animals may arrest a person without warrant whenever he or
she has reasonable cause to believe that the person to be arrested has committed an
infraction or misdemeanor in his or her presence, or a felony which is in violation of this
title or California law regulating the care and/or keeping of animals.
E. In any case in which an arrested person does not demand to be taken
before a judge: 1) for any infraction, the person making the arrest shall prepare a written
notice to appear and shall release the person on his or her promise to appear, as
prescribed by Section 853.5 of the California Penal Code; 2) for a misdemeanor, such
officer or employee may prepare a written notice to appear and may release the person
on his/her written promise to appear, as prescribed by California Penal Code Section
853.6.
§ 6.08.020. Interference with animal control duties.
No person shall interfere with, oppose, or resist any person authorized to enforce
this title, while such person is engaged in the performance of his or her duties.
§ 6.082.030. Entry upon private property.
Unless otherwise prohibited by law, all persons whose duty it is to enforce the
provisions of this title are empowered to enter upon private property, where any dog or
cat is kept or reasonably believed to be kept, for the purpose of ascertaining whether
such dog or cat is kept in violation of any provision of this title.
Pursuant to any provision in this title relating to entry upon private property for
any purpose under this title, no such entry may be conducted: (a) without the express or
implied consent of the property owner or the person having lawful possession
thereof, or (b) unless an inspection warrant has been issued and the entry is conducted
in accordance with California Code of Civil Procedure, Sections 1822.50 through
1822.56, inclusive, or except as may otherwise be expressly or implied ly permitted by
law.
659
CHAPTER 6.12
DOG LICENSES
§ 6.12.010. License required.
No person within the city who owns, possesses, controls, harbors, or keeps any
dog over four (4) months of age shall fail, refuse, or neglect to procure a dog license tag
for each dog from the city manager or his authorized agent. An unaltered dog license
may be required pursuant to Section 6.12.170. License tags must be displayed upon the
dog’s collar pursuant to Section 30951(b) of the California Food and Agriculture Code.
It shall be unlawful for any person to make use of a stolen, counterfeit, or unauthorized
license, tag, certificate, or any other document or thing for the purpose of evading the
provisions of this chapter. No license issued pursuant to this title shall be transferable.
§ 6.12.020. Exemptions.
No fee or license is required for:
A. Guide dogs used by visibly impaired persons or guide dog organizations. An exempt
tag will be issued upon request.
B. Dogs owned by nonresidents or travelers who stay in the city less than thirty (30)
days.
C. Service dogs, signal dogs, and active-duty police dogs, but these dogs must wear
exempt tags.
§ 6.12.030. Term.
Dog licenses are valid for a period not exceeding three (3) years.
§ 6.12.040. Fees.
Dog license fees shall be as established by city council resolution. If no amount
is established, the fee shall match the prevailing rate for unincorporated Riverside
County.
§ 6.12.050. Application.
Applicants must provide the following information on official forms: the applicant’s
name and address and each dog’s name, breed, color, age, and gender.
§ 6.12.060. Anti-rabies vaccination required.
It is unlawful for any person to own, harbor, or keep any dog that is three (3) months of
age or older within the city, for a period longer than thirty (30) days without having
vaccinated the dog against rabies. Every person within city limits who owns, harbors, or
keeps any dog over three (3) months of age for a period longer than thirty (30) days shall
have such dog vaccinated against rabies as provided herein by a veterinarian of their
choice, and such vaccination shall be renewed in accordance with the applicable laws
and regulations of the State of California. (See Food & Ag. Code §§ 121690 et seq., and
Title 17, Cal. Code Regs. § 2606 et seq.)
660
§ 6.12.070. Issuance of tags and certificates.
Upon payment of the applicable fee, a metallic tag and license certificate with a
corresponding number shall be furnished by the development services department.
§ 6.12.080. Tag—Attachment required.
The development services department shall keep a record of the owner or person
making payment of the license fee and to whom a certificate and tag has been issued,
including the number and date of the certificate and the tag. The metal tag issued shall
be securely fixed to a collar, harness, or other device to be worn at all times by the dog
for whom the registration is issued.
§ 6.12.090. Tag—Display required.
No person shall fail or refuse to show, upon demand of the animal control officer,
a Riverside Department of Animal Control officer, a code compliance officer or any police
officer, the license certificate and the tag for any duly registered dog kept or remaining
within any home or upon any enclosed premises under his or her immediate control.
§ 6.12.100. Tag—Removal prohibited.
No unauthorized person shall remove from any dog any collar, harness, or other
device to which is attached a registration tag for the current license year, or remove the
tag therefrom.
§ 6.12.110. Tag—Replacement.
If the dog license tag is lost or destroyed, the owner shall immediately procure a
duplicate license tag from the development services department upon payment of a fee
of one-half of the original fee.
§ 6.12.120. Kennel and cattery business licenses.
A. Kennels. Kennels or pet shops must obtain a current business license and
a separate annual kennel license from the health officer. Kennel license fees shall be set
by city council resolution, or else match unincorporated Riverside County rates.
B. Catteries. Catteries must obtain a current business license and separate
annual cattery license from the health officer. Cattery license fees shall be set by city
council resolution or else match unincorporated Riverside County rates.
§ 6.12.120. Dog license renewal.
Licenses must be renewed within thirty (30) days of expiration. Licenses may be
backdated on request to the health officer if vaccination expires before the license is due,
but no fee reduction applies.
§ 6.12.130. Dog license transfer.
Where a person moves into the city from another community who owns a dog which is
currently vaccinated against rabies and for which a dog license was issued by such other
community, such license shall be deemed valid for a period of one year from the date
661
such person moves into the city or the date of expiration of the license issued by such
other community, whichever is earlier.
6.12.140 Altered and unaltered animals.
A. Mandatory spaying and neutering.
1. Requirement. No person may own, keep, or harbor an unaltered dog
or cat in violation of this section. An owner or custodian of an unaltered dog must have
the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog
license in accordance with this chapter. An owner or custodian of an unaltered cat must
have the animal spayed or neutered or provide a certificate of sterility.
2. Appointments are available to spay or neuter an unaltered dog or cat
at the county’s animal shelters. The demand for these appointments exceeds the numbe r
of slots available. In an effort to maximize the number of animals spayed or neutered, the
department shall charge an appointment fee in an amount as set forth by the Riverside
County Department of Animal Services that shall be applied toward the cost of spaying
or neutering the animal, provided the owner, or custodian keeps the appointment or
contacts the department twenty-four (24) hours prior the appointment to reschedule.
3. Any dog or cat impounded at a county animal shelter is required to
be spayed or neutered prior to release unless exempt in subsection (A)(4) below.
4. Exemptions. This section shall not apply to any of the following:
a. A dog with a high likelihood of suffering serious bodily harm
or death if spayed or neutered, due to age or infirmity. The owner or custodian shall obtain
written confirmation of this fact from a California-licensed veterinarian. If the dog is able
to be safely spayed or neutered at a later date, that date shall be stated in the written
confirmation; should this date be later than thirty (30) days, the owner or custodian shall
apply for an unaltered dog license.
b. For dogs exempted under Subsection (A)(4)(a), a spay and
neuter deposit fee in an amount as set forth by the Riverside County Department Of
Animal Services shall be paid before the dog is released from the county animal shelter.
c. A cat with a high likelihood of suffering serious bodily harm or
death if spayed or neutered, due to age or infirmity. The owner or custodian shall obtain
written confirmation of this fact from a California licensed veterinarian. If the cat is able to
be safely spayed or neutered at a later date, that date shall be stated in the written
confirmation.
d. Animals owned by recognized breeders with a valid City
business license pursuant to Chapter 5.04.
e. Animals used for law enforcement or search and rescue by
public agencies.
662
f. Animals exempted under Health & Safety Code Section
122331 for breed-specific programs.
6.12.150 Mandatory microchipping of dogs and cats.
A. Microchipping Required. All dogs and cats over the age of four (4) months
must be implanted with an identifying microchip from the Riverside County Department
of Animal Services. The owner or custodian is required to provide the microchip number
to the County of Riverside and shall notify the County of Riverside of any change of
ownership of the dog or cat, or any change of address or telephone number. The owner
or custodian must also notify the microchipping company of any changes in ownership of
the dog or cat. Nothing in this section supersedes, eliminates, or alters any other licensing
requirements of this chapter.
B. Exemptions. The mandatory microchipping requirements shall not apply to
any of the following:
1. A dog or cat with a high likelihood of suffering serious bodily injury, if
implanted with the microchip identification, due to the health conditions of the animal. The
owner or custodian must obtain written confirmation of the fact from a California -licensed
veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip
at a later date, that date must be stated in the written confirmation.
2. A dog or cat that would be impaired of its mobility if implanted with
the microchip identification. The owner or custodian must obtain written confirmation of
that fact from a California-licensed veterinarian. If the dog or cat is able to be safely
implanted with an identifying microchip at a later date, that date must be stated in the
written confirmation.
3. A dog or cat that is kenneled or trained within Palm Desert city limits
but is owned by an individual who does not reside within city limits. The owner or
custodian must keep and maintain the animal in accordance with the applicable laws and
ordinances of the jurisdiction in which the owner or custodian of the animal permanently
resides, including but not limited to the applicable licensing and rabies vac cination
requirements of that jurisdiction.
C. Transfer of Dogs and Cats.
1. An owner or custodian who offers any dog, over the age of four (4)
months, for trade or adoption must provide the microchip identification number and the
valid dog license number with the trade or adoption. The license and microchip numbers
must appear on a document transferring the dog to the new owner. The owner or
custodian shall also advise the County of Riverside of the name and address of the new
owner or custodian in accordance with subdivision (A) of this section. An owner or
custodian who offers any dog, over the age of four (4) months, for trade, or adoption and
fails to provide the County of Riverside with the name and address of the new owner is in
violation of this chapter shall be subject to the penalties set forth herein.
2. An owner or custodian who offers any cat, over the age of four (4)
months, for trade, or adoption must provide the microchip identification number the trade
663
or adoption. The microchip numbers must appear on a document transferring the cat to
the new owner. The owner or custodian shall also advise the County of Riverside of the
name and address of the new owner or custodian in accordance with subdivision (a) of
this section. An owner or custodian offers any c at, over the age of four (4) months, for
trade, or adoption and fails to provide the County of Riverside with the name and address
of the new owner is in violation of this chapter and shall be subject to the penalties set
forth herein.
3. When a puppy or kitten under the age of four (4) months implanted
with microchip identification is otherwise transferred to another person, the owner or
custodian shall advise the County of Riverside of the name and address of the new owner
or custodian, and the microchip number of the puppy or kitten within ten (10) days after
the transfer. If it is discovered that an owner or custodian has failed to provide the county
with the name and address of the new owner and the microchip number of the puppy or
kitten, the owner or custodian shall be subject to the penalties set forth in this chapter.
D. Impounded Dogs and Cats. When an impounded dog or cat is without
microchip identification, in addition to satisfying applicable requirements for the release
of the animal, including but not limited to payment of impound fees, the owner or custodian
shall also do one of the following:
1. Have the dog or cat implanted with a Riverside County Department
of Animal Services microchip by a Riverside County Department of Animal Services
registered veterinarian technician or veterinarian or designated personnel at the expense
of the owner or custodian;
2. Have the dog or cat implanted with a Riverside County Department
of Animal Services-approved microchip by a California-licensed veterinarian. The owner
or custodian may arrange for another California licensed veterinarian to perform the
implant and shall pay the Riverside County Department of Animal Services the cost to
deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall
be based on the Riverside County Department of Animal Services’ hourly rate established
by the Riverside County Auditor-Controller. The veterinarian shall complete and return to
the Riverside County Department of Animal Services within ten (10) business days, a
statement confirming that the microchip has been implanted, provide both the Riverside
County Department of Animal Services and the development services department with
the number and shall release the dog or cat to the owner or custodian only after the
procedure is complete.
3. Alternatively, at the discretion of the animal control officer, the dog or
cat may be released to the owner or custodian if he or she signs a statement under
penalty of perjury, representing that the dog or cat will be implanted with a microchip and
that he or she will submit a statement within ten (10) business days of the release, signed
by a California licensed veterinarian, confirming that the dog or cat has been so implanted
and provide the microchip number to the department or allow the department to scan the
dog or cat for the microchip to verify.
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E. Fees for Microchip Identification Device. The fee for an identifying microchip
device shall be included in the cost of adoption when adopting a dog or cat from a
Riverside County animal shelter. The fee for an identifying microchip device shall be the
amount set forth by the Riverside County Department of Animal Services per animal for
all other animals. If an animal has already been implanted with an identifying microchip
device by some other facility, there will be no fee to have the identification number entered
into the registry for Riverside County Department of Animal Services and the
development services department as required by subdivision (A) of this section.
F. Allocation of Fees and Fines Collected. All costs, fees, and fines collected
under this section shall be paid to the Riverside County Department of Animal Services
for the purpose of defraying the cost of the implementation and enforcement of this
program and for low-cost microchipping programs administered by the department.
G. Fee Prior to Release. In the event any cat comes under subsection (A)(4)(c)
of this section, a mandatory spay and neuter deposit fee in an amount as set forth by the
shall be paid before the cat is released from the shelter.
H. Age Exemption. Females over the age of 10 and males over the age of 12
are exempt from the Spay and Neuter requirement due to the biological improbability of
reproduction, however, owners will be required to purchase an unaltered license for any
dog that is exempt under this subsection.
§ 6.12.160. Penalties.
A. Late Fee. If an application for a license is made more than thirty (30) days
after the date a dog license is required under this chapter, the applicant shall pay, in
addition to the applicable license fee, a late fee. The late fee shall be the amount fixed
from time to time by resolution of the city council.
B. Right to Hearing. Applicants have the right to an administrative hearing
before the code compliance & support services manager, or his or her designee
concerning fee calculations, penalties, or fines.
C. Request for Hearing. Applicants may request a hearing in writing to the
development services department within ten (10) days upon the notification of any fees,
penalties or fines. Within ten (10) days of the filing of the request, the code compliance &
support services manager, or his or her designee shall conduct an administrative hearing
on the applicant’s objections, and shall consider whether the total costs as charged have
been fairly and accurately calculated. The animal control officer may, in the interest of
justice, cancel, reduce or arrange payment installments of any fees, penalties, or fines
owed by the applicant.
D. Appeal. The decision of the code compliance & support services manager,
or his or her designee, may be appealed by filing a written notice of appeal with the
development services department within five (5) days after the decision. The appeal shall
be heard by an independent hearing examiner who may affirm, amend, or reverse the
decision and may take any other action deemed appropriate. The development services
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department shall give written notice of the time and the place of the hearing to appellant.
In conducting the hearing, the independent hearing examiner shall not be limited by the
technical rules of evidence.
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CHAPTER 6.16
BITING
§ 6.16.010. Rabies suppression, control, and quarantine.
A. If it appears to the health officer that any animal has rabies, the health officer
may euthanize such animal immediately or may hold such animal for further examination
or observation for such time as the health officer may determine to be appropriate.
B. Whenever any animal has been bitten by an animal which has rabies, which
exhibits any symptoms of rabies, or which is otherwise suspected of having or having
been exposed to rabies, the owner or person having custody of such bitten animal shall
immediately notify the health officer, and shall immediately confine the animal and
maintain that confinement until it is established to the satisfaction of the health officer that
such animal does not have rabies. The health officer shall have the power to quarantine
any such animal, or impound it at the owner’s expense if the owner or person having
custody of such animal fails, refuses, or is unable, in the opinion of the health officer, to
adequately confine such animal immediately, or in the event the owner or person having
custody of such animal is not readily accessible.
C. Whenever it is shown that any animal has bitten any person, the owner or
person having custody of such animal shall, upon the order of the health officer, quarantine
such animal and keep it confined at the owner’s expense for a minimum period of ten
days for dogs and cats and fourteen days for all other animals, and shall allow the health
officer to make an inspection or examination of such animal at any time during such period
of quarantine. Animals quarantined pursuant to this subsection shall not be removed from
the premises upon which such animal is quarantined without permission of the health
officer. The health officer is hereby authorized to impound any animal at the owner’s
expense in the event the owner or person having custody of such animal fails or refuses
to so confine such animal. Animals quarantined pursuant to this subsection shall remain
under quarantine until notice is given by the health officer that such quarantine is
terminated.
D. The health officer may, in their discretion, post or cause to be posted an
appropriate sign on any premises where an animal is quarantined pursuant to this title for
the purpose of warning the public of the fact of such quarantine. It is unlawful for any
person to remove a sign posted pursuant to this subsection without the permission of the
health officer.
E. Whenever the health officer shall determine that an epidemic of rabies exists
or is threatened, the health officer shall have the authority to take such measures as may
be reasonably necessary to prevent the spread of the disease, including but not limited
to the declaration of quarantine against any or all animals in any area of the city as the
health officer may determine and define, for a period of not more than one hundred twenty
days. An additional or extended quarantine period may also be declared if such additional
or extended quarantine period shall be deemed necessary by the health officer for the
protection and preservation of the public health, peace and safety. Any quarantine
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declared pursuant to this subsection, other than as restricted herein, shall be upon such
conditions as the health officer may determine and declare.
F. No person shall bring a dog into an incorporated area of the city from any
city located in the County of Riverside in which a reported case of rabies exists or has
existed within the past six months, nor shall any person bring a dog into the incorporated
area of the city from any other county, city, state, or country in which a reported case of
rabies exists or has existed within the preceding six months.
G. In order to protect the public health from the hazard of rabies which has
been found to exist in skunks, a quarantine is imposed indefinitely until released by the
health officer, whereby it is prohibited to trap or capture skunks for pets; to trap, capture,
or hold skunks in captivity for any reason; to transport skunks from or into the city except
pursuant to a permit issued by the California Department of Public Health Services
pursuant to Title 17, California Administrative Code, Section 2606.8.
§ 6.16.020. Disposition of animals appearing to have rabies.
If it appears to the animal control officer or to the health officer that any dog or
other animal has rabies, they may euthanize the animal immediately, or hold the animal
for further examination for such time as they may consider advisable.
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CHAPTER 6.18
Potentially Dangerous and Dangerous Animals
6.18.010 Findings.
A. Due to the increased urbanization in the city, the city has experienced
increasing number of dogs and other animals being kept in close proximity to humans,
including children.
B. The keeping of dogs and other animals in close proximity to adults and
children has resulted in increasing incidents of attacks, biting, and menacing behavior by
such dogs and other animals.
C. These incidents now present a public health and safety problem to the
residents of this city, and increasing numbers of cases have resulted in painful and/or
serious injuries to adults and children, death and injuries to other animals, attendant
economic losses to city residents, and anxiety to those bitten by unlicensed animals
whose vaccination status is therefore not established.
D. In an attempt to bring this problem under control, it is necessary to: (1)
increase the total number of animals which are licensed and thus properly established to
have been vaccinated against rabies; (2) e ncourage the spaying and neutering of
animals, which (a) reduces the number of strays at large and not safely confined, (b)
reduces aggressiveness in animals at large, and (c) reduces the financial cost to
taxpayers of animal control services; and (3) esta blish a warning and hearing procedure
to put the owners of potentially dangerous or dangerous dogs and other animals on
adequate notice to control such animals and to bring about the confinement of such
animals and the destruction of those animals where other lesser measures have failed or
are inappropriate.
6.18.020 Definitions.
Whenever, in this chapter or in any resolution or standard adopted by the city council
pursuant to this chapter, the following terms are used, they shall have the meaning
ascribed to them in this section, unless it is apparent from the context that some other
meaning is intended.
“Attack” means any action by an animal which places a person in danger of immediate
bodily harm.
“Dangerous animal” means:
1. Any animal which has twice within a forty-eight (48) month period in
two separate incidents has actively pursued, attacked, bitten, or otherwise caused a less
severe injury than a “substantial injury” (as defined in this section), to another person or
animal engaged in a lawful activity;
2. Any animal which has once attacked, bitten, or otherwise caused
injury to a person or animal engaged in lawful activity, resulting in death or substantial
injury;
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3. Any animal which has been previously declared a potentially
dangerous animal and the owner/custodian has failed to restrain the animal as so
directed; or
4. Any dog which has been declared a “potentially dangerous dog” as
defined by California State Law during any legal hearing process.
“Potentially dangerous animal” means:
1. Any animal which has once actively pursued, attacked, bitten, or
otherwise caused a less severe injury than a “substantial injury” (as defined in this
section), to another person engaged in a lawful activity.
2. Any animal which has once attacked, bitten, or otherwise caused a
less severe injury than a “substantial injury” (as defined in this section), to another animal.
3. Any animal which is found actively pursuing dogs, cats, or animals.
“Substantial injury” means a substantial impairment of the physical condition of a person
or animal which requires professional medical treatment, including, but not limited to, loss
of consciousness; concussion; bone fracture; protracted loss or impairment of function of
any bodily member or organ; muscle tears, disfiguring lacerations, punctu res, or a wound
requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
“Secure enclosure” means a fence or structure suitable to prevent the entry of young
children and which is suitable to confine a potentially dangerous or dangerous animal in
conjunction with other measures which may be taken by the owner or keeper of the
animal, or at the direction of the animal services manager. The enclosure shall be
designed to prevent the animal from escaping and to prevent an adult or child from coming
in contact with the animal. (A chain where a person can walk within the length of the chain,
or an electric collar or invisible fence is not a sufficient restraint or enclosure.)
“Vicious dog” means:
1. Any dog which, when unprovoked, in an aggressive manner, inflicts
injury on or kills a human being or animal.
2. Any dog previously determined to be and currently listed as a
potentially dangerous dog which after its owner or keeper has been notified of this
determination, continues that behavior described in Section 31062 of the Food and
Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the
Food and Agricultural Code.
6.18.030 Administrative restraint order for potentially dangerous animals.
A. If the County of Riverside has cause to believe that an animal is a potentially
dangerous animal, the animal control officer shall issue a potentially dangerous animal
restraint order to the owner(s) or custodian(s) of any such dog or animal that fits the
description described in this chapter of a potentially dangerous animal. The order shall
be served by hand delivery or certified and first -class mail. The order shall notify the
owner(s) or custodian(s) of such animal(s) that such owner(s) custodian(s) is/are required
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thereafter at all times to keep such animal(s) in a secure enclosure or provide such other
adequate secure restraint as may be specified on the restraint order.
B. An owner(s)/custodian(s) of an animal(s) receiving a potentially dangerous
animal restraint order may request a hearing on the order by a hearing officer selected
by the city manager or his or her designee. The request for a hearing must be submitted
in writing, during the ten (10) calendar days following the service of the order. Pending
such hearing, the animal must be kept in a secure enclosure or adequately restrained as
specified in the restraint order.
C. Failure of the owner(s)/keeper(s) to request a hearing on the restraint order
within the ten (10) day period, or failure to attend or be represented at a scheduled
hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing
requirements provided herein.
D. All hearings pursuant to subsection (B) of this section shall be conducted
by the hearing officer who shall not have been directly involved in the subject action.
Hearings shall be held not more than ten (10) working days from the date of receipt of the
request for the hearing and shall be conducted in an informal manner consistent with due
process of law. A hearing may be continued for a period of time not to exceed thirty (30)
days if the hearing officer deems such continuance to be necessary and proper. Within
ten (10) days after the conclusion of the hearing, the hearing officer shall render, in writing,
his or her findings, decision and order thereon and shall give notice of the findings,
decision and order to the owner or custodian of the subject animal; service of such notice
shall be by mail or hand delivery.
E. An animal which has been determined to be a potentially dangerous animal
following the conclusion of the process described in subsections A through D of this
section shall be added to a list of potentially dangerous animals maintained by the County
of Riverside. Once an animal has been determined to be a potentially dangerous animal,
if there are no additional instances of the behavior described in Section 6.18.020 within a
forty-eight (48) month period from the date of the restraint order, the animal may be
removed from the list of potentially dangerous animals by the animal control officer.
6.18.040 Impoundment and abatement of dangerous animals.
The County of Riverside is authorized and empowered to impound and/or abate
(destroy), or cause to impound and/or abate (destroy) any dangerous animal as a
public nuisance independently of any criminal prosecution or the results thereof by
any means reasonably necessary to protect the health, safety, and welfare of the
public including, but not limited to, the imposition upon the owner and/or custodian of
specific, reasonable restrictions and conditions for the maintenance of the animal. In
carrying out an abatement, the County of Riverside shall follow the procedure
established in this code. Restrictions and/or conditions resulting from abatement
proceedings may include, but are not limited to the following:
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A. Requiring the owner of the animal, possessor of the animal or owner of the
premises on which the animal is kept to obtain and maintain liability insurance in the
amount of one hundred thousand dollars ($100,000.00) and to furnish a certificate or proof
of insurance by which the division shall be notified at least thirty (30) calendar days prior
to cancellation or nonrenewal;
B. Requirements as to the size, construction, and design of a structured
enclosure for the animal;
C. Location of the animal’s residence including prior notice of plans to move
the animal to another location or to a location outside of the city, and obtaining approval
from the County of Riverside and the city to do so after proper notification of animal
regulation in the new jurisdiction;
D. Requirements as to type and method of restraints for the animal; including
but not limited to leashes, muzzles and confinement in a kennel or other facility;
E. Photo identification or permanent marking of the animal for purposes of
identification;
F. A requirement to obtain a dangerous animal registration and/or requiring a
tattoo or microchip noting the declaration and registration with Riverside County
Department of Animal Services;
G. A requirement to spay or neuter the animal;
H. Requirements to allow inspection of the animal and its enclosure by the city,
County of Riverside, or any other law enforcement agency without warrant, and to
produce upon demand, proof of compliance with such requirements of this section; as
may be applicable;
I. Obtaining written permission to keep the animal on certain sp ecified
premises from the landlord/owner, in the event that the owner/custodian of the dangerous
animal is a tenant or occupant on real property where the animal is being kept;
J. Any person who violates any provision of this section is guilty of an infraction
or misdemeanor, if charged.
6.18.050 Placement of warning signs.
It is unlawful for the owner or person in charge of any animal that has been found to
be a potentially dangerous animal, dangerous animal or vicious animal to fail, neglect
or to refuse to keep posted in a conspicuous place at or near the entrance to the
premises on or within which any dog or animal is kept, a sign having letters at least
two inches in width and two inches in height and reading “Beware of vicious dog” or
“Beware of vicious animal,” as may be appropriate.
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6.18.060 Change of ownership, custody and/or location of animal.
A. The owner and/or custodian of an animal that is on restriction as above
provided and who moves the animal(s), or otherwise transfers the ownership, custody or
location of the animals(s), shall, at least fifteen (15) days prior to the actual transfer or
removal of the animal, notify the city and County of Riverside in writing of the name,
address and telephone number of the proposed, new owner or custodian, and/or the
proposed, new location of the animal, and the name and description of the animal(s). The
city and/or County of Riverside may prohibit the proposed relocation for cause.
B. The owner and/or custodian shall, in addition to the above, notify any new
owner or custodian in writing regarding the details of the animal’s record, and the terms
and conditions for confinement and control of the animal. The transferring owner and/or
custodian shall also provide the division with a copy of the notificat ion to the new owner
or custodian containing an acknowledgment by the new owner or custodian of his or her
receipt of the original notification and acceptance of the terms and conditions. The city
and/or County of Riverside may impose different or additional restrictions or conditions
upon the new owner or custodian.
C. If the animal should die, the owner and/or custodian shall notify the city
and/or County of Riverside no later than twenty-four (24) hours thereafter and, upon
request, from the County of Riverside shall produce the animal(s) for verification. If the
animal escapes, the owner and/or custodian shall immediately notify the County of
Riverside and make every reasonable effort to recapture the escaped animal.
D. An animal that has been declared dangerous or vicious in any legal hearing,
as a result of aggressive behavior, outside the confines of the city, may not be relocated
in the city.
E. Any person who violates any provision of this section is guilty of an infraction
or misdemeanor, if charged.
6.18.070 Possession unlawful without adequate restraint.
It is unlawful for a person to have the custody of or own or possess an animal that is
restricted as above provided, unless the animal continues to be restrained or confined to
prevent it from being at large or from causing damage to any property or injury to any
person or other animal. Any person who violates any imposed restriction is guilty of a
misdemeanor.
6.18.080 Surrender of animal upon demand.
The owner and/or custodian of any animal on restriction who is in violation of Section
6.18.070 shall surrender such animal to the Riverside County Department of Animal
Services upon demand.
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6.18.090 Exclusions.
This chapter does not apply to dogs while utilized by any police department or any law
enforcement officer in the performance of police work.
6.18.100 Court proceedings.
Nothing in this chapter shall prevent the city or any other party from commencing and
maintaining court proceedings for the restriction or destruction of any animal as
authorized under Food and Agricultural Code Section 31601 et seq.
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CHAPTER 6.20
IMPOUNDMENT
§ 6.20.010. Impounding of animals.
It shall be the function and within the power of the animal control officer to take
up, impound, and safely keep any animal mentioned in this title that is found running at
large, staked, tied, or being herded or pastured in any street, lane, alley, court, square,
park or other place belonging to or under the control of the city, or upon any private
property, contrary to the provisions of this title or to the right of the public. All
impoundments shall comply with state holding periods under Food & Ag. Code §§ 31108
and 31752 (Hayden’s Law), requiring a minimum of four (4) business days for strays
without identification and six (6) business days for those with identification before
adoption or euthanasia, unless the animal is irremediably suffering.
§ 6.20.020. Notification of owner.
The animal control officer shall, immediately upon impoundment of dogs or other
animals, make a reasonable effort to notify the owners of the dogs or other anima ls
impounded, and inform the owners of the conditions whereby they may regain custody
of the animals. If the dog has a valid license, the owner shall be notified, either personally
or by deposit of appropriate notice in the mail addressed to the record address with
postage prepaid. The dog must be kept for ten (10) days from date of notice for the owner
to claim the animal.
§ 6.20.030. Disposition of unclaimed animals.
All animals impounded at the County of Riverside shelter shall be provided
with proper and sufficient food and water. Unless unlicensed animals have been
claimed within five (5) days after the notification provided for in Section 6.20.020, may
be advertised for adoption by the County of Riverside to the general public, provided,
that the adopting party shall not be given possession of any dog until he or she has paid
to the County of Riverside the license fee for the dog and until he or she has made
appropriate arrangements for any necessary rabies vaccination. If any dog or other
animal impounded by the animal control officer has not been claimed within said period
and cannot be adopted within a reasonable time thereafter, it may be euthanized by the
County of Riverside in a humane manner. In lieu of euthanasia, animals may be released
without charge to any humane organization that provides an animal adoption service.
The County of Riverside shall maintain a file describing each animal impounded in the
County shelter, beginning on the day any such animal is taken or delivered into the
possession of the shelter.
§ 6.20.040. Destruction of animals dangerous to impound.
The animal control officer is authorized to immediately euthanize any animal
lawfully impounded which is by reason of disease or other cause dangerous or inhumane
to keep impounded.
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§ 6.20.050. Reclaiming animals.
Pursuant to Section 6.12.150(B), the owner of any licensed impounded animal
shall have the right to reclaim it at any time prior to the lawful disposition thereof, upon
payment to the County of Riverside and charges provided in this title for the impounding
and keeping of such animals. Any person claiming ownership of any unlicensed
impounded animal shall be required to present proof of ownership satisfactory to the
animal control officer, and thereafter the animal may be released to the claimant upon
his or her making payment of all applicable costs, fees and charges prescribed in this
chapter, and upon his making appropriate arrangements for any necessary rabies
vaccination.
Any dog, four (4) months of age or older, which has been impounded shall not be
released from impoundment unless it is licensed, vaccinated, and microchipped in
accordance with the provisions of this code.
§ 6.20.060. Impoundment fees.
Pursuant to Section 6.12.150(B), and e xcept in cases when disposition of an
animal is made pursuant to Section 6.20.030, the animal control officer shall charge,
receive and collect fees for impoundment, care and feeding of impounded animals. The
nature and amounts of such fees shall be as fixed from time to time by resolution of the
city council. In the absence of any such fee or fees having been so established, the
animal control officer may collect and deposit in the appropriate accounts provided for
such purpose, a fee or fees in the amount or amounts as is applicable for similar
functions or services in the unincorporated areas of the county.
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CHAPTER 6.24
Noisy Animals
6.24.010 Findings.
The disturbance caused by excessive, unrelenting or habitual noise of any animal is
disruptive of the public’s peace and tranquility and represents an unwanted invasion
of the privacy of the residents of the City of Palm Desert. At certain levels, the
excessive, unrelenting, or habitual noise of any animal may jeopardize the health,
safety, or general welfare of Palm Desert residents and degrade their quality of life.
6.24.020 Purpose.
It is declared to be in the public interest to promote the health and welfare of the
residents of the City of Palm Desert by providing for an administrative proceeding for
the abatement of such noisy animal nuisances, which abatement procedures shall be
in addition to all other proceedings authorized by city ordinances or otherwise by law.
6.24.030 Authority.
This chapter is adopted pursuant to the City Council’s police power as set forth under
Article XI, section 7 of the California Constitution.
6.24.040 Exemptions.
This chapter shall not apply to noise or sound made by an official law enforcement
dog while on duty.
6.24.050 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. “Complaining party” means any person or persons who contact the city or
County of Riverside to report a noisy animal or animals.
B. “Noisy animal” means any animal or animals maintained on the same
premises or location that produces noise, such as barking, howling, crying, or other
sounds, that is audible from the property line of a neighboring property or a public areas,
and that meets one or more of the following criteria:
1. The noise occurs continuously and uninterrupted for a period three
(3) minutes or more; or
2. The noise occurs intermittently for a total duration exceeding ten (10)
minutes within any one (1)-hour period; or
3. The noise occurs on at least three (3) separate days within a thirty
(30)-day period, with each occurrence lasting continuously for one (1) minute or more; or
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4. The noisy animals' excessive, unrelenting, or habitual barking,
howling, crying, or other noise or sounds annoy or become offensive to a resident or
residents in the vicinity, thereby disturbing the peace or the neighborhood or causing
excessive discomfort to any reasonable person of normal sensitivity.
C. “Responsible party” means any of the following:
1. The person or persons who own the property where the noisy animal
is located;
2. The person or persons in charge of the premises where the noisy
animal is located;
3. The person or persons occupying the premises where the noisy
animal is located;
4. The owner of the noisy animal.
If any of these persons are minors, the parent or parents or a guardian of such minor
shall be the responsible party.
6.24.060 General prohibition—Declaration of noisy animal as a public nuisance.
A. It is unlawful and a public nuisance for any person to allow on their property,
own, keep, permit, harbor or have in their care, custody or control a noisy animal.
B. It is unlawful for the responsible party, after being informed in writing that his
or her animal has been declared a noisy animal and that the maintenance of a noisy
animal is a public nuisance, to fail, refuse or neglect to take whatever steps or use
whatever means are necessary to assure that such noisy animal does not again disturb
residents in the vicinity in which the noisy animal is kept.
6.24.070 Noisy animal warning notice.
A. When an animal control officer is notified of a possible noisy animal and has
personally confirmed the existence of a noisy animal, or has received a written complaint
under penalty of perjury of such noisy animal signed by a complaining party, the animal
control officer shall issue a noisy animal warning notice (“warning notice”) to the
responsible party. Such warning notice shall specify that the continued barking, howling
or other noise or sounds of such animal is in violation of this chapter and that the noisy
animal nuisance must be abated immediately to avoid further action by the city. The
warning notice shall be personally served or served by mail upon the responsible party.
If service by mail or personal service cannot be safely made or reasonable attempts at
personal service have failed, the warning notice shall also be posted at the premises upon
which the animal is located. A copy of the warning notice shall be filed with the County of
Riverside. The animal control officer shall within five (5) days of issuance of the warning
notice, make a reasonable attempt to speak personally or by telephone with the
responsible party concerning the matter, including what efforts have been made to abate
the nuisance.
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B. If within five (5) days of the issuance of the warning notice the animal control
officer determines that the barking, howling or other sound or cry was provoked or that
such barking, howling or other sound or cry was not excessive, unrelenting or habitual,
the animal control officer shall cause the warning notice to be voided and the responsible
party to whom it was issued to be so notified. In the event a warning notice has b een
voided, such warning notice shall not be considered as having been issued for the
purposes of Sections 6.20.080, 6.20.130, or 6.20.150 of this chapter.
6.24.080 Declaration of complaint of noisy animal and petition for administrative
hearing.
A. When the animal control officer receives a subsequent verbal or written
complaint concerning a noisy animal at the same location within twelve (12) months after
the issuance of a warning notice, the animal control officer shall determine whether there
is a violation of this chapter. If there is a violation of this chapter, a declaration of complaint
of noisy animal and petition for administrative hearing (“declaration of complaint and
petition”) shall be issued by the animal control officer to the complainin g party. The
procurement of a petition form from the city and/or County of Riverside requires a
minimum of three witnesses from three separate households which shall be of evidence
of a habitually barking animal. The complaining party shall be informed that further action
may not be warranted if the responsible party is in compliance with subsection B. of
Section 6.24.060 of this chapter, but in any case, no further action can be taken until the
completed declaration of complaint and petition is received by the animal control officer.
B. The declaration of complaint and petition shall be completed under penalty
of perjury by the complaining party and returned within ten (10) days to the animal control
officer.
C. The city, upon receipt of a timely executed declaration of complaint and
petition, shall set the case for hearing before an administrative hearing officer. The
hearing shall be set at least ten (10) days from the date the declaration of complaint and
petition is received and no more than thirty (30) days after the date the declaration of
complaint and petition is received. The city shall notify the complaining party and
responsible party of the date, time, and place for the hearing. The notice of hearing shall
advise the complaining party and responsible party that they may present evidence at the
hearing through witnesses and documents. The notice of hearing shall be accompanied
by a copy of the completed declaration of complaint and petition. The notice of hearing
shall be personally served or served by mail on all parties. If the notice of hearing cannot
be mailed or safely served by personal service or reasonable attempts at personal service
have failed, then it may be posted upon the premises where the animal is kept.
6.24.090 Administrative hearing officer.
A determination whether an animal is violating this chapter shall be made by an
administrative hearing officer. The administrative hearing officer shall have the power
to hear testimony from witnesses, including complainants, peace officers, animal
control officers, or other witnesses or parties including the responsible party, to
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determine whether the maintenance of the animal is a public nuisance and to order
the abatement of such nuisance by taking such actions as set forth in this chapter.
6.24.100 Administrative abatement hearing regarding noisy animal.
The hearing before the administrative hearing officer shall be open to the public. The
administrative hearing officer may admit all relevant evidence, including incident
reports and affidavits of witnesses. The administrative hearing officer may decide all
issues even if the responsible party for the animal fails to appear at the hearing. If the
complaining party fails to appear at the hearing and the investigating animal control
officer does not have personal knowledge of the noisy animal, the complaint shall be
dismissed. The administrative hearing officer may find, upon a preponderance of the
evidence, that the animal is a noisy animal and the maintenance of such noisy animal
is a public nuisance. Upon the conclusion of the hearing, the administrative hearing
officer may orally announce the decision as to whether the animal is a noisy animal.
6.24.110 Determination and order.
Within five (5) business days after the conclusion of the hearing, the administrative
hearing officer shall, by mail and/or posting, notify the responsible party of the
administrative hearing officer’s determination and any orders issued. The order shall
be called an administrative abatement order. If the administrative hearing officer
determines that the animal is a noisy animal and the maintenance thereof, a pub lic
nuisance, the responsible party shall comply with the administrative hearing officer’s
order within five (5) days after the date of mailing and/or posting of the determination
and order. The decision of the administrative hearing officer shall be final.
6.24.120 Administrative abatement measures.
The administrative hearing officer may, as part of his or her determination that the
animal is a noisy animal and a public nuisance, direct the responsible party to perform
one or more of the following actions:
A. Containment of the noisy animal within an enclosed building on the
premises of the responsible party;
B. Require that the noisy animal wear a noise suppression device obtained at
the expense of the responsible party to reduce or eliminate the noise creating the
nuisance;
C. Require that the noisy animal undertake obedience training designed to
abate the nuisance problem when appropriate and under the conditions imposed by the
administrative hearing officer and at the expense of the responsible party;
D. Restrict the time of day, days of the week and duration when the animal may
be placed out-of-doors on the premises of the responsible party;
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E. Require the noisy animal be debarked at the expense of the responsible
party;
F. Require the responsible party to permanently remove the noisy animal from
said property;
G. Any other reasonable means to accomplish the abatement of the nuisance.
6.24.130 Failure to comply with administrative order.
It is unlawful for any responsible party to fail, neglect or refuse to comply with an
administrative abatement order of the administrative hearing officer within the time
specified in said order. Should any party subject to the administrative abatement order
fail to comply with the order, in whole or in any part thereof, that party or those parties
may be subject to administrative remedies to enforce the administrative abatement
order as set forth in this chapter, including but not limited to administrative citations
and penalties and any other lawful means necessary to gain compliance, including a
civil action.
6.24.140 Civil action.
In the event any person shall fail, neglect or refuse to comply with an administrative
abatement order of the administrative hearing officer within the time specified in said
order and the public nuisance continues to exist, a civil action may be commenced to
obtain the abatement of the noisy animal public nuisance.
6.24.150 Administrative and criminal citations and penalties for violation of the
administrative hearing officer’s order.
In addition to the remedies and penalties contained in this chapter, and in accordance
with Government Code section 53069.4, an administrative and/or criminal citation may
be issued for failure to comply with an administrative abatement order of the
administrative hearing officer. The following procedures shall govern the imposition,
enforcement, collection, and administrative review of administrative citations and
penalties.
A. Issuance of Citations. If the public nuisance is not corrected within the period
stated in the administrative abatement order, an administrative and/or criminal citation
may be issued by a county animal control officer.
B. Administrative and criminal citation penalties.
1. The penalties assessed for each violation of the administrative
abatement order issued by the administrative hearing officer shall not exceed the
following amounts:
a. One hundred dollars ($100.00) for a first violation;
b. Two hundred dollars ($200.00) for a second violation of the
same administrative abatement order within one year;
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c. Five hundred dollars ($500.00) for each additional violation of
the administrative abatement order within one year.
2. If the violation is not corrected, additional administrative and/or
criminal citations may be issued for the same violation. The amount of the penalty shall
increase at the rate specified above.
3. Payment of the penalty shall not excuse the failure to correct the
violation nor shall it bar further enforcement action.
C. Appeals Process. Administrative Citations and penalties may be appealed
pursuant to the administrative procedures set forth in Chapter 8.81 of the Palm Desert
Municipal Code.
6.24.160 Not exclusive remedy.
The provisions of this chapter are to be construed as an added remedy of abatement
of the nuisance hereby declared and not in conflict with or derogation of any other
actions or proceedings or remedies otherwise provided by law.
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CHAPTER 6.28
OFFENSES
§ 6.28.010. Dogs running at large.
No owner or keeper of a dog shall allow, permit or suffer the dog, whether licensed
or unlicensed, to be or run at large in or upon any public place or premises, or in or upon
any unenclosed private place or premises, or in or upon any enclosed private place or
premises other than those of the owner or keeper except with the consent of the person
in charge of the private place or premises, unless the dog is securely restrained by a
substantial leash not exceeding six feet in length and is in charge and control of a person
competent to keep the dog under effective control.
§ 6.28.020. Dog defecation to be removed by owner.
A. No person owning, keeping, or having in his or her care or custody any dog
shall knowingly fail, refuse or neglect to clean up any feces of the dog immediately and
dispose of it in a sanitary manner whenever the dog has defecated upon public or private
property without the consent of the public or private owner or person in lawful
possession or charge of the property.
B. The provisions of subsection (A) of this section shall not apply to a visually
impaired person being accompanied by a guide dog or signal dog, nor shall they be
construed to require or countenance any act of trespass upon private property. Whenever
the feces to be cleaned up cannot be reached without a significant trespass upon the
private property on which the feces is located, the person having the duty pursuant to
subsection (A) of this section to clean it up shall first obtain consent to do so from the
owner or person in lawful possession or charge of the property.
C. No person owning, keeping, or having in his or her care or custody, any dog
shall knowingly fail, refuse, or neglect to clean up any feces from their property, owned or
rented, no less than twice a week and disposed of in an air-tight container. Such
container(s) shall be removed from the property no less than once a week.
§ 6.28.030. Retention of dog by other than owner.
No person shall, without the knowledge or consent of the owner, hold or retain
possession of any dog of which he or she is not the owner, for more than twenty-
four hours without first reporting the possession of the dog to the animal control officer,
giving his or her name and address and a true d escription of the dog and then causing
the dog to be impounded at the city animal shelter for return to the legal owner. At the
discretion of the animal control officer, any such finder of a dog may be allowed to retain
possession of the dog in lieu of impoundment. In such case, the animal control officer
shall make all normal and regular efforts to ascertain the true owner of the dog and advise
him of the whereabouts of the dog.
§ 6.28.040. Unauthorized removal of animal from shelter.
No person shall remove any impounded animal from the city animal shelter
without the consent of the animal control officer.
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§ 6.28.050. Dogs at public schools prohibited.
No person shall bring any dog, except a seeing eye dog, guide dog, signal dog,
and service dog onto any public school property. This section shall not, however, be
deemed to prohibit the use of dogs on school property for teaching or other school uses
when approved by the proper school authorities.
§ 6.28.060. Interference with police dogs.
No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate,
injure, disable or kill any dog used by the police department, or any other law
enforcement officer in the performance of the functions or duties of such department, or
interfere with or meddle with any such dog while being used by the department or any
member thereof in the performance of any of the functions or duties of the department
or of the officer or member.
§ 6.28.070. Number of pets allowed.
It is unlawful for any person to keep or harbor more than four (4) animals of any
combination on residential premises. This does not include kittens under the age of three
(3) months or puppies under the age of four (4) months.
§ 6.28.080. Unlawful backyard breeding.
Backyard breeding is hereby prohibited. No person shall breed, sell, transfer, or otherwise
give away any dog, or any part of a litter of dogs, that has been bred or reared on a
property zoned for residential use.
§ 6.28.090. Unlawful sales or giving away of any animals on public or private
property.
No person shall, in the incorporated area of the city, offer for sale or sell or give away
or transfer for adoption any cat, kitten, dog, or puppy on any public street, public
sidewalk, public park, or private property. This section does not apply to adoptions by
licensed humane societies, rescues, or shelters (Health & Safety Code § 122350).
§ 6.28.100. Unlawful training for the purpose of dog fighting
No person shall own or harbor any dog for the purpose of dog fighting; nor train,
torment, badger, bait or use a dog for the purpose of causing or encouraging said dog
to unprovoked attacks on human beings or domestic animals. Nor shall any person
outfit any dog with a training device for fighting or attack, such as a weighted collar
around the neck of the dog. (See also § 6.20.070(C).)
§ 6.28.110 Livestock and fowl prohibited within city limits
It shall be unlawful for any person to own, keep, or harbor livestock or fowl, including
but not limited to cattle, sheep, goats, swine, poultry (including chickens, roosters,
turkeys, or other fowl), horses, or donkeys, within the city. The keeping of any animal
other than a common household pet, such as a dog or cat, is prohibited.
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§ 6.28.120 Animal cruelty and neglect prohibited.
It is unlawful for any person to neglect, abandon, or cruelly treat any animal in violation
of Penal Code §§ 597, 597.1, 597a, 597.7, or 597s. Owners must provide adequate
food, water, shelter, veterinary care, and sanitation. Animals may not be transported in
an inhumane manner or left in unattended vehicles under conditions endangering their
health (e.g., extreme heat or cold). Animal control officers may seize neglected animals
and provide emergency care, with owners liable for costs.
§ 6.28.130 Tethering restrictions.
It is unlawful to tether a dog or other animal to a stationary object for more than three
hours in a 24-hour period, or in a manner that causes injury, entanglement, or restricts
access to food, water, or shelter. Tethers must be at least ten (10) feet long and allow
free movement without risk of strangulation.
§ 6.28.140 Trap-neuter-return (TNR) program support.
The City encourages humane management of feral cats through TNR programs.
Authorized rescuers or organizations may trap, sterilize, vaccinate, and return feral cats
to their original location, provided they comply with rabies vaccination requirements and
do not create nuisances.
§ 6.28.150. Public nuisance.
The introduction, ownership, possession or maintenance of any animal, or the
allowing of any animal to be, in contravention of this title, is, in addition to being a
violation, declared to be a public nuisance. The city manager o r his or her designee, the
animal control officer, the county health officer, and peace officers are authorized,
directed and empowered to summarily abate any such public nuisance independently
of any criminal prosecution or the results thereof of any means reasonably necessary
including but not limited to the euthanasia of the animal or animals involved, or by the
imposition of specific reasonable conditions and restrictions for the maintenance of the
animal. Failure to comply with such conditions and restrictions of this title is an infraction.
The owner shall reimburse the city for all costs incurred in verifying compliance and
enforcing the provisions of this section. The city may also commence proceedings in
accordance with the provisions of Chapter 8.20 of this code relative to abatement
procedures for public nuisances.
§ 6.28.160. Violation—Penalty.
Any person violating the provisions of the section of this chapter shall be guilty of
an infraction and upon conviction thereof shall be punished by:
A. A fine not exceeding fifty dollars ($50) for the first violation;
B. A fine not exceeding one hundred dollars ($100) for the second violation
within one year;
C. A fine not exceeding two hundred dollars ($200) for each additional violation
within one year.
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on ___________ , 2025, and adopted at a
regular meeting of the City Council held on ____________ , 2025, 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 _______________________ .
ANTHONY J. MEJIA
CITY CLERK
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C I T Y O F P A L M
D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
PLANNING@PALMDESERT.GOV
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER FIRST READING
AND INTRODUCTION OF AN ORDINANCE AMENDING TITLE 6, ANIMALS, UPDATING
CHAPTER 6.04, 6.08, 6.12, 6.16, 6.20, 6.24, 6.28., TO UPDATE ANIMAL CONTROL
REGULATIONS AND FINDING THE PROJECT IS EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to
the California Environmental Quality Act (CEQA), has determined the project to be exempt from
further environmental review pursuant to State CEQA Guidelines Section §15061(b)(3).
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The project is an Ordinance amending Palm Desert Municipal Code
Title 6 Animals, to align and update the ordinance, remove outdated language pertaining to animal
regulations, definitions, and enforcement practices.
PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert,
California, will hold a Public Hearing at its meeting on November 13, 2025. The City Council
meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert,
California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting ,
allowing public access via teleconference or in person. Options for remote participation will be
listed on the Posted Agenda for the meeting at https://www.palmdesert.gov/connect/city-council.
COMMENT ON THIS APPLICATION: Those wishing to comment on this application may either
appear in person at the public hearing or submit written comments, which must be received by
10:00 a.m. on the day of the hearing. Written comments should be sent to the City of Palm
Desert at 73510 Fred Waring Drive, Palm Desert, California 92260, Attention: City Clerk, or
emailed to: CouncilMeetingComments@palmdesert.gov.
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice or in written correspondence delivered to the City
Clerk at or prior to the public hearing. (Government Code Section 65009[b][2]).
Si necesita ayuda con esta notificación por favor llame a la Ciudad de Palm Desert y
comuníquese con Damian Olivares (760) 346-0611.
PUBLISH: THE DESERT SUN ANTHONY MEJIA, MMC, CITY CLERK
OCTOBER 27, 2025 CITY OF PALM DESERT, CALIFORNIA
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PROPOSED AMENDMENTS
TO TITLE 6 ANIMALS
November 13, 2025
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BACKGROUND
•January 1998 -City Council adopted Ordinance No. 874
•Current ordinance is outdated, lacks: enforcement authority, clarity for noisy animal nuisances, licensing, and is not aligned with industry standards.
•Lacks regulations for (microchipping, sterilization), backyard breeding.
•Key changes introduced in this amendment: improve clarity, consistency, and enforcement, and align with the County of Riverside ordinance.
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•General clean up of definitions and outdated language: ensures clear language throughout, updates
terminology.
•Licensing & registration
•Mandatory spay/neuter requirements
•Dangerous/vicious animal standards
•Nuisance abatement (noise, waste)
•Backyard breeding regulations
•Impoundment & adoption procedures
•Expanded enforcement authority
•Align with Riverside County Ordinance
KEY AMENDMENTS OVERVIEW
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PROPOSED AMENDMENTS, TITLE 6 ANIMALS
Chapter Title Summary of Amendment
6.04 Definitions Alphabetize and consolidate definitions.
Expand and update language,
Aligning with county ordinance and industry standards
6.08 Animal Control Officer Duties Update Enforcement Definitions
Aligning with County Ordinance
Clear definition of enforcement authority
6.12 Licenses Updates and clarifies licensing requirements
adds a mandatory microchipping requirement
adds mandatory spay and neuter requirement
Aligns with county ordinance.
6.16 Biting Minimal changes
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PROPOSED AMENDMENTS, TITLE 6 ANIMALS
Chapter Title Summary of Amendment
6.18 Potentially Dangerous
Animals
New chapter
Provides clear definitions
Outline of administrative orders for violations
Sets clear impounding guidelines for dangerous animals
6.20 Impoundment Update outdated language for the impoundment of animals
6.24 Noisy Animals New chapter
Update definitions
Nuisance declaration
Clarifies administrative hearing procedures
6.28 Offenses •Clarified and updated language includes:
•definition for unlawful backyard breeding
•unlawful sales or gifting of animals in public or private property.
•prohibitions of livestock in city limits
•prohibit animal cruelty and neglect.
•Tethering restrictions
•Trap-neuter-return 693
6
•Clearer rules for residents
•Consistent and clear enforcement tools
•Improved community safety
•Enhances animal welfare protections
•Aligns with County of Riverside Ordinance
PROPOSED AMENDMENTS PROVIDE:
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DISCUSSION
Proposed amendments to
Title 6 Animals of the Palm
Desert Municipal Code.
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QUESTIONS
Pedro Rodriguez
Code Compliance & Support Services Manager
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