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41 believes the potential losses due to future write offs of unpaid utility accounts is immaterial to the Authority. The Authority’s cash position is such that the cash flow effect of these uncollected balances will have no effect on any aspect of the Authority’s operations. The pandemic has also not had a negative financial impact on the City.
There can be no assurance that more additional State measures or more restrictive safety protocols (including business closures) will not be imposed or reimposed in the future, depending on the course of the Pandemic, variants, a significant increase in the number of COVID-19 cases, updated guidance by the Centers for Disease Control and Prevention, or other factors. The actual impact of COVID-19 on the Authority will depend on future events, including future events outside of the control of the Authority, and actions by the federal government and the State. The Authority cannot predict the extent or duration of the outbreak or what overall impact it may have on the Authority. Any adverse impact of COVID-19 on the Authority, customers, operations, and finances in general cannot be predicted.
Statutory Changes and Initiatives
In addition to the other limitations described herein, the California electorate or Legislature could adopt legislation or an initiative, respectively, with the effect of (i) reducing Revenues payable to or collected by the City on behalf of the Authority for the Water Enterprise, (ii) adversely affecting the Authority’s rights and powers, or (iii) imposing additional limitations or additional legal responsibilities on the City and the Authority with respect to the Water Enterprise. Furthermore, there is no assurance that such change in law would not at some future time adversely affect the Authority’s ability to pay debt service on the Bonds.
Insurance
The City maintains liability and property insurance. This insurance does cover damage caused by earthquakes. Though the Authority believes that the City’s coverages for the Water Enterprise are similar to those customarily maintained by similar utilities systems, no assurances can be given that (i) such insurance will be adequate to cover any property damage or liability of the City with respect to the Water Enterprise in all circumstances or that (ii) such insurance will be carried in a coverage amount sufficient to prevent a material adverse impact on the Net Revenues resulting from claims against the City with respect to the Water Enterprise or property damage sustained by the City and/or the Water Enterprise.
Early Redemption of Premium Bonds
Bonds purchased, whether at original issuance or otherwise, for an amount greater than their principal amount payable at maturity (or, in some cases, at their earlier call date) (“Premium Bonds”) will be treated for federal tax purposes as having amortizable premium. If such Premium Bonds are redeemed prior to maturity (or, in some cases, prior to a scheduled redemption date) as described herein under “THE BONDS—Redemption of the 2022A Bonds,” not all of the amortized premium may be realized by the Owner. The Premium Bonds are treated as all other Bonds for purposes of selection for redemption prior to maturity as described herein.
Limitations on Remedies Available; Bankruptcy
The enforcement of any rights and remedies provided in the Indenture, including but not limited to the remedy of acceleration of debt service payments, could be substantial and the process lengthy. The enforceability of the rights and remedies of the Owners and the obligations of the Authority may become subject to the following: the federal bankruptcy code and applicable bankruptcy, insolvency,
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42 reorganization, moratorium, or similar laws relating to or affecting the enforcement of creditors’ rights generally, now or hereafter in effect; equitable principles which may limit the specific enforcement under State law of certain remedies; the exercise by the United States of America of the powers delegated to it by the Federal Constitution; and the reasonable and necessary exercise, in certain exceptional situations, of the police power inherent in the sovereignty of the State and its governmental bodies in the interest of servicing a significant and legitimate public purpose. Any suit requesting accelerated payment of debt service and/or money damages would be subject to limitations on legal remedies against municipalities in California, including a limitation on enforcement of judgments against funds needed to serve the public welfare and interest. See “THE BONDS—Acceleration” above.
Bankruptcy proceedings, or the exercising of powers by the federal or State government, if initiated, could subject the Owners to judicial discretion and interpretation of their rights in bankruptcy or otherwise and consequently may entail risks of delay, limitation, or modification of their rights. The legal opinions to be delivered concurrently with the Bonds (including Bond Counsel’s approving opinion) will be qualified as to the enforceability of the Bond documents, including the Indenture, by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors generally and by general principles of equity applied in the exercise or judicial discretion.
Loss of Tax Exemption
As discussed in this Official Statement under the caption “TAX MATTERS,” interest on the Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the Bonds were issued, as a result of future acts or omissions of the Authority in violation of its covenants in the Indenture. Should such an event of taxability occur, the Bonds are not subject to a special redemption and will remain outstanding until maturity or until redeemed under one of the other redemption provisions contained in the Indenture.
The Internal Revenue Service (the “IRS”) has initiated an expanded program for the auditing of tax-exempt bond issues, including both random and targeted audits. It is possible that the Bonds will be selected for audit by the IRS. It is also possible that the market value of the Bonds might be affected as a result of such an audit of the Bonds (or by an audit of similar bonds). No assurance can be given that in the course of an audit, as a result of an audit, or otherwise, the United States Congress or the IRS might not change the Tax Code (or interpretation thereof) subsequent to the issuance of the Bonds to the extent that it adversely affects the exclusion from gross income of interest on the Bonds or their market value.
Further, changes in law or circumstances during the Forward Delivery Period could impact the tax treatment of the 2022B Bonds and result in the inability of Bond Counsel to issue its opinion relating to the tax exemption applicable to the 2022B Bonds on the Settlement Date. See the caption “FORWARD DELIVERY OF THE 2022B BONDS—Certain Considerations Regarding Forward Delivery of the 2022B Bonds” for a description of various risks associated with the forward delivery of the 2022B Bonds.
Absence of Market for the Bonds
There can be no assurance that there will ever be a secondary market for purchase or sale of the Bonds, and from time to time there may be no market for them, depending upon prevailing market conditions, the financial condition or market position of firms that may make the secondary market, and the financial condition of the Authority or the City.
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43 TAX MATTERS
General
Federal Income Taxes. The Code, imposes certain requirements that must be met subsequent to the issuance and delivery of the Bonds for interest thereon to be and remain excluded from gross income for federal income tax purposes. Noncompliance with such requirements could cause the interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issue of the Bonds. Pursuant to each Indenture and a tax and non-arbitrage certificate executed by the Authority and the City in connection with issuance of the Bonds (the “Tax Certificate”), the Authority and the City have covenanted to comply with the applicable requirements of the Code in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes pursuant to Section 103 of the Code. In addition, the Authority and the City have made certain representations and certifications in the Indenture, the financing agreements and the Tax Certificate. Bond Counsel will not independently verify the accuracy of those representations and certifications.
In the opinion of Bond Counsel, under existing law and assuming compliance with the aforementioned covenant including the satisfaction of certain terms and conditions provided in the 2022B Bond Purchase Agreement as described under the heading “FORWARD DELIVERY OF THE 2022B BONDS”, and the accuracy of certain representations and certifications made by the Authority and the City described above, interest on the Bonds is excluded from gross income for federal income tax purposes under Section 103 of the Code. Bond Counsel, is also of the opinion that such interest is not treated as a preference item in calculating the alternative minimum tax imposed under the Code.
Assuming no change in current law, Bond Counsel expects to render the opinion substantially in the form appearing in APPENDIX D to this Official Statement relating to the 2022B Bonds, if they are delivered on the Settlement Date.
State Taxes. Bond Counsel, is also of the opinion that, under existing statutes, interest on the Bonds is exempt from personal income taxes of the State of California under present law. Bond Counsel expresses no opinion as to other State or local tax consequences arising with respect to the Bonds nor as to the taxability of the Bonds or the income therefrom under the laws of any state other than the State of California.
Original Issue Discount. Bond Counsel, is further of the opinion that the excess of the principal amount of a maturity of the Bonds over its issue price (i.e., the first price at which price a substantial amount of such maturity of the Bonds was sold to the public, excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) (each, a “Discount Bond” and collectively the “Discount Bonds”) constitutes original issue discount which is excluded from gross income for federal income tax purposes to the same extent as interest on the Bonds. Further, such original issue discount accrues actuarially on a constant interest rate basis over the term of each Discount Bond and the basis of each Discount Bond acquired at such issue price by an initial purchaser thereof will be increased by the amount of such accrued original issue discount. The accrual of original issue discount may be taken into account as an increase in the amount of tax-exempt income for purposes of determining various other tax consequences of owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of the Discount Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Discount Bonds.
Original Issue Premium. Bonds sold at prices in excess of their principal amounts are “Premium Bonds”. An initial purchaser with an initial adjusted basis in a Premium Bond in excess of its principal amount will have amortizable bond premium which is not deductible from gross income for federal
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44 income tax purposes. The amount of amortizable bond premium for a taxable year is determined actuarially on a constant interest rate basis over the term of each Premium Bond based on the purchaser’s yield to maturity (or, in the case of Premium Bonds callable prior to their maturity, over the period to the call date, based on the purchaser’s yield to the call date and giving effect to any call premium). For purposes of determining gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who acquires such obligation with an amortizable bond premium is required to decrease such purchaser’s adjusted basis in such Premium Bond annually by the amount of amortizable bond premium for the taxable year. The amortization of bond premium may be taken into account as a reduction in the amount of tax-exempt income for purposes of determining various other tax consequences of owning such Bonds. Owners of the Premium Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Premium Bonds.
Ancillary Tax Matters. Ownership of the Bonds may result in other federal tax consequences to certain taxpayers, including, without limitation, certain S corporations, foreign corporations with branches in the United States, property and casualty insurance companies, individuals receiving Social Security or Railroad Retirement benefits, individuals seeking to claim the earned income credit, and taxpayers (including banks, thrift institutions, and other financial institutions) who may be deemed to have incurred or continued indebtedness to purchase or to carry the Bonds. Prospective investors are advised to consult their own tax advisors regarding these rules.
Interest paid on tax-exempt obligations such as the Bonds is subject to information reporting to the IRS in a manner similar to interest paid on taxable obligations. In addition, interest on the Bonds may be subject to backup withholding if such interest is paid to a registered owner that (a) fails to provide certain identifying information (such as the registered owner’s taxpayer identification number) in the manner required by the IRS, or (b) has been identified by the IRS as being subject to backup withholding.
Nixon Peabody LLP, Bond Counsel, is not rendering any opinion as to any Federal tax matters other than those described in its opinion attached as part of APPENDIX D. Prospective investors, particularly those who may be subject to special rules described above, are advised to consult their own tax advisors regarding the federal tax consequences of owning and disposing of the Bonds, as well as any tax consequences arising under the laws of any state or other taxing jurisdiction.
Changes in Law and Post Issuance Events. Legislative or administrative actions and court decisions, at either the federal or state level, could have an adverse impact on the potential benefits of the exclusion from gross income of the interest on the Bonds for Federal or state income tax purposes, and thus on the value or marketability of the Bonds. This could result from changes to Federal or state income tax rates, changes in the structure of Federal or state income taxes (including replacement with another type of tax), repeal of the exclusion of the interest on the Bonds from gross income for Federal or state income tax purposes, or otherwise. It is not possible to predict whether any legislative or administrative actions or court decisions having an adverse impact on the federal or state income tax treatment of holders of the Bonds may occur. Prospective purchasers of the Bonds should consult their own tax advisors regarding the impact of any change in law on the Bonds.
Nixon Peabody LLP, Bond Counsel, has not undertaken to advise in the future whether any events after the date of issuance and delivery of the Bonds may affect the tax status of interest on the Bonds. Nixon Peabody LLP, Bond Counsel, expresses no opinion as to any Federal, state or local tax law consequences with respect to the Bonds, or the interest thereon, if any action is taken with respect to the Bonds or the proceeds thereof upon the advice or approval of other counsel.
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45 CONTINUING DISCLOSURE
Current Undertaking. The Authority has covenanted for the benefit of the owners of the Bonds to provide certain financial information and operating data relating to the Bonds to the MSRB by not later March 31 of each year (the “Annual Report Filing Deadline”) with respect to the Authority’s mostrecently-ended Fiscal Year (such financial information, the “Annual Report”) and to provide notices of the occurrence of certain enumerated events so long as the Bonds are outstanding. If the Annual Report Filing Deadline falls on a non-business day, then the Annual Report will be submitted on the next regularly scheduled business day. The Annual Report and notices of events will be filed by or on behalf the Authority with the MSRB, as repository, and in accordance with the requirements of Securities Exchange Commission Rule 15c2-12(b)(5) (the “Rule”).
The above covenants with respect to continuing disclosure have been made in order to assist the Underwriter in complying with the Rule. The specific nature of the information to be contained in the Annual Report or the notices of enumerated events is set forth in “APPENDIX E—FORM OF CONTINUING DISCLOSURE AGREEMENTS.”
Previous Undertakings.
The former redevelopment agency of the City, the Successor Agency to the City’s former redevelopment agency, the Coachella Financing Authority, the Coachella Sanitary District and the Authority, which are related entities to the City, have previously entered into continuing disclosure undertakings under Rule 15c2-12 in connection with the issuance of municipal obligations. In the past five years, certain material event notices disclosing ratings downgrades of the bond insurer for various bond issues of the City’s related entities and a notice of defeasance were not filed. [To be reviewed.] In order to correct these prior noncompliance issues and to ensure future compliance with all its continuing disclosure undertakings on a timely basis, the City has contracted with the Urban Futures, Inc., to act as dissemination agent and to prepare and perform the required filings for all of its continuing disclosure obligations. The dissemination agent submitted corrective filings with the MSRB with respect to the above-described matters.
The Dissemination Agent (defined below) will assist the Authority in timely filing the Annual Reports and notices of certain enumerated events in the future.
Future Undertakings. The Authority believes that it has implemented sufficient policies and procedures in order to ensure the timely and correct filing of future Annual Reports and notices of enumerated events required under its existing continuing disclosure obligations, including the obligation pertaining to the Bonds. The Authority has retained Urban Futures, Inc. to serve as its Dissemination Agent (the “Dissemination Agent”) with respect to the Authority’s continuing disclosure obligations for the Bonds.
NO LITIGATION
At the time of issuance of and payment for the Bonds, the Authority will certify that, except as disclosed herein, there is no action, suit, proceeding, inquiry or investigation, notice of which has been served on the Authority, at law or in equity before or by any court, government agency, public board or body, pending against the Authority, affecting the existence of the Authority or the titles of its officers to their respective offices, or affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Bonds or the pledge and lien on the Net Revenues pursuant to the Indenture, or contesting or affecting as to the Authority the validity or enforceability of the Bond Law, the Bonds, the Indentures or the Lease Agreement, or contesting the tax-exempt status of interest on the Bonds, or contesting the
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46 completeness or accuracy of this Official Statement, or contesting the powers of the Authority for the issuance of the Bonds, or the execution and delivery or adoption by the Authority of the Indenture or the Lease Agreement, or in any way contesting or challenging the consummation of the transactions contemplated hereby or thereby, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity of the Bond Law, as to the Authority, or the authorization, execution, delivery or performance by the Authority of the Bonds, the Indenture or the Lease Agreement.
FORWARD DELIVERY OF THE 2022B BONDS
Certain Considerations Regarding Forward Delivery of the 2022B Bonds Forward Delivery. The Authority anticipates that the 2022B Bonds will be issued and delivered by the Authority to the Underwriter and purchased by the Underwriter (the “Settlement”) on or about the Settlement Date. The following is a description of certain provisions of the Bond Purchase Agreement, dated [May] __, 2022, between the Authority and the Underwriter with respect to the 2022B Bonds (the “2022B Bond Purchase Agreement”). This description is not to be considered a full statement of the terms of the 2022B Bond Purchase Agreement and accordingly is qualified by reference thereto and is subject to the full text thereof.
Until such time as the 2022B Bonds are issued and delivered by the Authority and purchased by the Underwriter on the Settlement Date, certain information contained in this Official Statement may change in a material respect. The Authority agrees in the 2022B Bond Purchase Agreement to update the Official Statement, if necessary in the judgment of the Underwriter or the Authority, so that the Official Statement as amended or supplemented does not contain any untrue statement of a material fact or omit to state a material fact that is necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading.
Additionally, the Authority agrees in the 2022B Bond Purchase Agreement to prepare an Updated Official Statement, dated a date not more than twenty-five nor less than ten days prior to the Settlement Date, which, as of such date, will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. References under the caption “—Certain Considerations Regarding Forward Delivery of the 2022B Bonds” to the Official Statement as of a specific date shall mean (i) at any point in time during the period from the date of this Official Statement to but not including the date of delivery of the Updated Official Statement to the Underwriter, this Official Statement, and (ii) from and after the date of delivery of the Updated Official Statement, the Updated Official Statement, in each case as amended or supplemented.
Conditions of Settlement. The issuance and purchase of the 2022B Bonds on the Settlement Date are subject to the satisfaction of certain conditions set forth in the 2022B Bond Purchase Agreement, including, among other things, the delivery to the Underwriter of certain documents and legal opinions on and as of the initial closing date and certain additional documents and legal opinions, and the satisfaction of other conditions, on and as of the Settlement Date, including the delivery to the Underwriter of: (i) the opinion of Bond Counsel, substantially in the form and to the effect set forth in Appendix C relating to the 2022B Bonds, (ii) the Updated Official Statement, and (iii) written evidence that, as of the Settlement Date, S&P has rated the 2022B Bonds. Changes or proposed changes in federal or state laws, court decisions, regulations or proposed regulations or rulings of administrative agencies occurring or in effect prior to the Settlement Date or the failure by the Authority to provide closing documents of the type customarily required in connection with the issuance of state and local government tax-exempt bonds
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47 could prevent those conditions from being satisfied. None of the 2022B Bonds will be issued unless all of the 2022B Bonds are issued and delivered on the Settlement Date.
Termination of the 2022B Bond Purchase Agreement. The Underwriter has the right, between the date of the 2022B Bond Purchase Agreement and the Settlement Date, by written notice to the Authority, to cancel the Underwriter’s obligation to purchase the 2022B Bonds if, in the Underwriter’s sole and reasonable judgment, any of the following events occur during that time and cause the market price or marketability of the 2022B Bonds, or the ability of the Underwriter to enforce contracts for the sale of the 2022B Bonds, to be materially adversely affected:
There shall have been a Change in Law. A “Change in Law” means (i) any change in or addition to applicable federal or state law, whether statutory or as interpreted by the courts or by federal or state agencies, including any changes in or new rules, regulations or other pronouncements or interpretations by federal or state agencies; (ii) any legislation enacted by the Congress of the United States (if such enacted legislation has an effective date which is on or before the Settlement Date), (iii) any law, rule or regulation enacted by any governmental body, department or agency (if such enacted law, rule or regulation has an effective date which is on or before the Settlement Date) or (iv) any judgment, ruling or order issued by any court or administrative body, which in any such case would, (A) as to the Underwriter prohibit the Underwriter from completing the underwriting of the 2022B Bonds or selling the 2022B Bonds or beneficial ownership interests therein to the public, or (B) as to the Authority, would make the completion of the issuance, sale or delivery of the 2022B Bonds illegal. As a result of any legislation, regulation, ruling, order, release, court decision or judgment or action by the U.S. Department of the Treasury, the Internal Revenue Service, or any agency of the State either enacted, issued, effective, adopted or proposed (but only with respect to any such proposed legislation, regulation, ruling, order, release, court decision or judgment or action that continues to be proposed as of the Settlement Date), or for any other reason, Bond Counsel cannot issue an opinion substantially in the form of Appendix C to the Official Statement as to the tax-exempt status of the 2022B Bonds.
There shall have occurred (A) an outbreak or escalation of hostilities or the declaration by the United States of a national emergency or war or (B) any other calamity or crisis in the financial markets of the United States or elsewhere. A general suspension of trading on the New York Stock Exchange or other major exchange shall be in force, or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on any such exchange, whether by virtue of determination by that exchange or by order of the U.S. Securities and Exchange Commission (“SEC”) or any other governmental authority having jurisdiction.
A general banking moratorium has been declared by federal, New York or State authorities and shall remain in effect.
Legislation shall have been enacted by the Congress of the United States or shall have been favorably reported out of committee or be pending in committee, or shall have been recommended to the Congress for passage by the President of the United States, or a
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48 decision by a court of the United States shall be rendered, or a ruling, regulation, proposed regulation or statement by or on behalf of the SEC or other governmental agency having jurisdiction of the subject matter shall be made, to the effect that any obligations of the general character of the 2022B Bonds, or any comparable securities of the Authority, are not exempt from the registration, qualification or other requirements of the Securities Act of 1933, the Securities Exchange Act of 1934 or the Trust Indenture Act of 1939 or otherwise, or would be in violation of any provision of the federal securities laws.
Any event or circumstance exists that either makes untrue or incorrect, in a material respect, any statement or information contained in the Official Statement, or is not reflected in the Official Statement but should be reflected in the Official Statement in order to make the statements and information contained in the Official Statement not misleading in any material respect and, in either such event, the Authority refuses to permit the Official Statement to be supplemented to supply such statement or information, or the effect of the Official Statement as so supplemented is to materially adversely affect the market price or marketability of the 2022B Bonds or the ability of the Underwriter to enforce contracts for the sale of the 2022B Bonds. Additional material restrictions not in force as of the date of the 2022B Bond Purchase Agreement shall have been imposed upon trading in securities generally by any federal, State or New York governmental authority or by any United States national securities exchange.
The New York Stock Exchange or other national securities exchange, or any governmental authority, shall impose as to the 2022B Bonds or securities of the general character of the 2022B Bonds any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by or the charge to the net capital requirements of the Underwriter.
The Authority does not deliver a certification as of the Settlement Date to the effect that (A) the evidence of the ratings on the 2022B Bonds delivered at and as of the initial closing date remains accurate or (B) the ratings on the 2022B Bonds at and as of the Settlement Date are as stated in such certification.
Forward Delivery Contract. The Underwriter reserves the right to obligate investors purchasing the 2022B Bonds (each, a “Purchaser”) to execute a Forward Delivery Contract (the “Forward Delivery Contract”) in substantially the form set forth in Appendix G. The Forward Delivery Contract provides that the Purchaser will remain obligated to purchase the 2022B Bonds, even if the Purchaser decides to sell the purchased bonds following the date of the Forward Delivery Contract. The Authority will not be a party to any Forward Delivery Contract, and the Authority is not in any way responsible for the performance thereof or for any representations or warranties contained therein. The rights and obligations under the 2022B Bond Purchase Agreement are not conditioned or dependent upon the performance of any Forward Delivery Contract. Pursuant to the terms of the Forward Delivery Contract, upon issuance by the Authority of the 2022B Bonds and purchase thereof by the Underwriter, the obligation of the Purchaser to take delivery of the Purchased 2022B Bonds (as defined in the Forward Delivery Contract) under the Forward Delivery Contract shall be unconditional unless:
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49 the Authority fails to deliver the 2022B Bonds as set forth in the 2022B Bond Purchase Agreement or fails or is unable to comply with all of the conditions to settlement set forth in the 2022B Bond Purchase Agreement on the Settlement Date, or the Underwriter terminates its agreement to purchase the 2022B Bonds on the Settlement Date for re-sale to the Purchaser upon the occurrence of an event described in the Official Statement under this caption “—Certain Considerations Regarding Forward Delivery of the 2022B Bonds.” Upon the occurrence of such an event, the Underwriter, not the Purchaser, will make the decision whether to terminate the 2022B Bond Purchase Agreement.
See Appendix G—“FORM OF FORWARD DELIVERY CONTRACT.”
Additional Risks Relating to Forward Delivery Period. Between the date of the 2022B Bond Purchase Agreement and the Settlement Date (the “Forward Delivery Period”), certain information contained in this Official Statement may change in material respects. Any changes in such information will not permit the Underwriter to terminate the 2022B Bond Purchase Agreement or release the purchasers of their obligation to purchase the 2022B Bonds unless the change reflects an event described under the caption “—Termination of 2022B Bond Purchase Agreement” above. In addition to the risks set forth above and under “RISK FACTORS—Investment Risk,” purchasers of the 2022B Bonds are subject to certain additional risks, some of which are described below.
Ratings Risk. No assurances can be given that ratings assigned to the 2022B Bonds on the Settlement Date will not be different from those currently assigned to the 2022B Bonds. Issuance of the 2022B Bonds and the Underwriter’s obligations under the 2022B Bond Purchase Agreement are not conditioned upon the assignment of any particular ratings for the 2022B Bonds or the maintenance of the initial ratings of the 2022B Bonds.
Secondary Market Risk. The Underwriter is not obligated to make a secondary market for the 2022B Bonds, and no assurance can be given that a secondary market will exist for the 2022B Bonds during the Forward Delivery Period or at any time thereafter. Prospective purchasers of the 2022B Bonds should assume that there will be no secondary market for the 2022B Bonds during the Forward Delivery Period.
Market Value Risk. The market value of the 2022B Bonds as of the Settlement Date may be affected by a variety of factors, including, without limitation, general market conditions, the financial condition of the Authority and the State, assessed values within the Project Areas, and federal and state tax, securities and other laws. The market value of the 2022B Bonds as of the Settlement Date could therefore be higher or lower than the price to be paid by the initial purchasers of the 2022B Bonds, and that difference could be substantial. Neither the Authority nor the Underwriter makes any representations as to the expected market value of the 2022B Bonds as of the Settlement Date.
Tax Law Risk. Subject to the other conditions of Settlement and the Underwriter’s rights of termination described above, the 2022B Bond Purchase Agreement obligates the Authority to deliver, and the Underwriters to accept, the 2022B Bonds if the Authority delivers an opinion of Bond Counsel substantially in the form and to the effect set forth in Appendix D relating to the 2022B Bonds.
Notwithstanding that the enactment of new legislation, new court decisions or the promulgation of new regulations or rulings might diminish the value of, or otherwise affect, the exclusion from gross income of interest payable on “state or local bonds” (such as the 2022B Bonds) for federal income tax purposes, the Authority might be able to satisfy the requirements for the delivery of the 2022B Bonds. In such event, the purchasers would be required to accept delivery of the 2022B Bonds. Prospective purchasers are
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50 encouraged to consult their tax advisors regarding the likelihood of any such changes in tax law and the consequences of such changes to the purchasers. See the caption “TAX MATTERS” herein.
CONCLUDING INFORMATION
Underwriting
The Authority has agreed to sell the Bonds to Stifel, Nicolaus & Company Incorporated (the “Underwriter”). The Underwriter has agreed, subject to certain conditions, to purchase the 2022A Bonds at a purchase price of $___________ (the principal amount of the 2022A Bonds, [plus/less] [net] original issue [premium/discount] of $___________ and less an underwriting discount of $___________). $___________). The Underwriter has agreed, subject to certain conditions, to purchase the 2022B Bonds at a purchase price of $___________ (the principal amount of the 2022B Bonds, [plus/less] [net] original issue [premium/discount] of $___________ and less an underwriting discount of $___________). The obligations of the Underwriter are subject to certain conditions precedent, and it will be obligated to purchase all such Bonds if any such Bonds are purchased. The Underwriter intends to offer the Bonds to the public initially at the prices and/or yield set forth on the cover page of this Official Statement, which prices or yields may subsequently change without any requirement of prior notice.
The Underwriter has entered into an agreement with its affiliate, Vining-Sparks IBG, LLC (“Vining-Sparks”) for the distribution of certain municipal securities offerings at the original issue price.
Pursuant to that distribution agreement, Vining-Sparks may purchase Bonds from the Underwriter at the original issue price less a negotiated portion of the selling concession applicable to any Bonds that Vining-Sparks sells.
The Underwriter reserves the right to join with dealers and other underwriters in offering the Bonds to the public. The Underwriter may offer and sell Bonds to certain dealers (including dealers depositing Bonds into investment trusts) at prices lower than the public offering prices, and such dealers may reallow any such discounts on sales to other dealers. In reoffering Bonds to the public, the Underwriter may overallot or effect transactions which stabilize or maintain the market prices for Bonds at levels above those which might otherwise prevail. Such stabilization, if commenced, may be discontinued at any time.
Ratings
S&P is expected to assign its municipal bond rating of “[__]” to the Bonds, with the understanding that upon delivery of the Bonds, a policy insuring the payment when due of the principal of and interest on the Bonds will be issued by the Insurer. In addition, S&P has assigned their municipal bond rating of “[__]” to the Bonds, notwithstanding the delivery of the Insurance Policy. Such ratings reflect only the views of the rating agency and any desired explanation of the significance of such ratings should be obtained from S&P at the following address: S&P Global Ratings, a Standard & Poor’s Financial Services LLC business, 55 Water Street, 45th Floor, New York, New York 10041. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance that any rating will continue for any given period of time or that it will not be revised downward or withdrawn entirely by such rating agency, if, in the judgment of such rating agency, circumstances so warrant. The Authority does not undertake any responsibility to oppose any such revision or withdrawal. Any such downward revision or withdrawal of such rating may have an adverse effect on the market price of the Bonds.
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51 Legal Opinions
All legal matters in connection with the issuance of the Bonds are subject to the approval of Nixon Peabody LLP, Los Angeles, California, as Bond Counsel. A copy of the approving opinions of Bond Counsel will be provided to the registered owners of the Bonds, and the forms of such opinions are attached hereto as APPENDIX D. Certain legal matters will be passed upon by the City Attorney for the City of Coachella, as counsel to the Authority, and by Nixon Peabody LLP, Los Angeles, California, Disclosure Counsel. The Underwriter is being represented by its counsel, Kutak Rock LLP, Irvine, California. From time to time, Bond Counsel and Disclosure Counsel may represent the Underwriter on matters not related to the Bonds.
Municipal Advisor
The Authority has retained Urban Futures, Inc. Tustin, California, as municipal advisor (the “Municipal Advisor”) in connection with the preparation of this Official Statement and with respect to the delivery of the Bonds. The Municipal Advisor is not obligated to undertake, and has not undertaken to make, an independent verification or to assume any responsibility for the accuracy, completeness of fairness of the information contained in this Official Statement. The Municipal Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading, or distributing municipal or other public securities.
Professional Fees
In connection with the execution and delivery of the Bonds, fees payable to Bond Counsel, Disclosure Counsel, Underwriter’s Counsel, the Municipal Advisor and the Trustee are contingent upon the execution and delivery of the Bonds.
Miscellaneous
Some of the data contained herein has been taken or constructed from Authority and City records.
Appropriate officials of the Authority, acting in their official capacities, have reviewed this Official Statement and have determined that, as of the date hereof, the information contained herein is, to the best of their knowledge and belief, true and correct in all material respects and does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made herein, in light of the circumstances under which they were made, not misleading. The execution and delivery of this Official Statement has been duly authorized by the Authority Board.
COACHELLA WATER AUTHORITY
By:
Executive Director
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APPENDIX A
SUMMARY OF THE INDENTURE
The following is a brief summary of certain provisions of the Indenture. The following also includes definitions of certain terms used therein and in this Official Statement. Such summary is not intended to be definitive. Reference is directed to the Indenture for the complete text thereof. Except as otherwise defined in this summary, the terms previously defined in this Official Statement have the respective meanings previously given. Copies of the Indenture are available from the Authority and from the Trustee.
[TO COME]
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APPENDIX B
GENERAL INFORMATION REGARDING
THE CITY OF COACHELLA AND RIVERSIDE COUNTY
The following information concerning the City of Coachella and Riverside County is included only for the purpose of supplying general information regarding the area of the City. The Bonds are not a debt of the City, the County, the State or any of its political subdivisions, and none of the City, the County, the State nor any of their political subdivisions, except for the Authority, is liable therefor.
General
The City is located in Riverside County, in the center of the Coachella Valley, approximately 134 miles east of Los Angeles, 553 miles south of San Francisco and 22 miles southeast of Palm Springs.
Coachella covers an area in excess of 19 square miles at an average elevation of 67 feet below sea level.
Incorporated in 1946, the City operates as a general law city. It has a council-manager form of government, with five City Council members elected at large for staggered four-year terms. The City Council elects one of the Council members as Mayor.
Population
The following table presents population statistics for the City for the years shown.
CITY OF COACHELLA POPULATION
January 1 Population
2012 42,336
2013 43,210
2014 44,101
2015 44,486
2016 44,940
2017 45,273
2018 45,777
2019 46,885
2020 47,583
2021(1) 41,941
Source: California State Department of Finance,
Demographic Research Unit.
(1) U.S. 2020 Census.
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Building Activity
Building permit valuation in the City decreased from $65,103,856.54 in 2020 to $45,503,913.44 in 2021. The following table details residential and nonresidential valuations, and new single family and multifamily permits approved in the City for the years 2017 through 2021.
CITY OF COACHELLA
BUILDING PERMIT VALUATIONS 2017-2021
Year ending
December
31 Total Valuation Residential Non-Residential Existing Single Family
Permits Issued
Multifamily
Permits Issued
2017 $28,664,663.86 $7,845,900.10 $13,156,583.85 7,662,179.91 5 80 2018 31,182,178.58 0 25,069,802.15 6,112,376.43 0 0
2019 27,917,534.69 18,865,311.64 530,650.10 8,521,572.95 76 0 2020 65,103,856.54 48,630,056.63 6,838,819.58 9,634,980.33 170 105 2021 45,503,913.44 16,359,000.78 2,865,023.04 26,279,889.62 81 0
Source: City of Coachella.
Industry and Employment
The following table summarizes the civilian labor force, employment and unemployment figures for the years 2016 through 2020 for the City and for the County.
LABOR FORCE, EMPLOYMENT AND UNEMPLOYMENT
Yearly Average for Years 2016 through 2020
City of Coachella
Labor Force Employed Unemployed
Unemployment
Rate
2016 19,600 17,000 2,700 13.6%
2017 19,800 17,400 2,400 12.3
2018 20,000 17,800 2,200 11.0
2019 20,000 17,900 2,100 10.3
2020 20,000 16,900 3,200 15.8
County of Riverside
Labor Force Employed Unemployed
Unemployment
Rate
2016 1,051,600 987,200 64,400 6.1%
2017 1,071,600 1,014,900 56,700 5.3
2018 1,090,100 1,041,500 48,600 4.5
2019 1,105,700 1,058,700 47,000 4.2
2020 1,107,700 997,700 110,000 9.9
Source: California Employment Development Department.
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Riverside County is a part of the Riverside-San Bernardino-Ontario Metropolitan Statistical Area (“MSA”), which includes all of Riverside and San Bernardino Counties. In addition to varied manufacturing employment, the MSA has large and growing commercial and service sector employment, as reflected in the following table.
RIVERSIDE-SAN BERNARDINO-ONTARIO MSA
ANNUAL AVERAGE EMPLOYMENT
(In Thousands)
Industry 2016 2017 2018 2019 2020
Agriculture 14,600 14,500 14,500 15,400 13,900
Construction 92,000 97,400 105,200 107,200 105,000
Finance, Insurance and Real Estate 39,500 39,100 38,700 39,100 38,400 Government 242,300 251,000 257,200 261,200 249,100
Manufacturing:
Nondurables 33,100 34,000 34,700 35,600 34,600
Durables 64,400 64,100 65,100 65,000 59,700
Mining and Logging 900 1,000 1,200 1,200 1,300
Retail Trade 178,300 180,900 181,200 180,700 168,800
Service Providing 1,211,000 1,256,400 1,299,900 1,343,200 1,287,400 Trade, Transportation and Utilities 346,300 363,400 378,800 394,400 403,800 Wholesale Trade 61,600 62,600 65,500 67,100 64,600
Information, Publishing and
Telecommunications 18,800 18,700 18,300 18,400 15,900
TOTAL(1) 1,416,000 1,467,300 1,520,500 1,567,500 1,501,800
(1) The employment figures by industry which are shown above are not directly comparable to the “Total, All Industries” employment figures due to rounded data.
Development of Riverside County and the Coachella area has brought a number of large firms to the area. Much of the City’s economy involves agribusiness, with the major crops being grapes, grapefruit and dates.
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Major Employers
The following table lists the largest employers in the City as of June 30, 2020.
PRINCIPAL EMPLOYERS
Name of Company Employment Type of Business
Coachella Valley Unified School District 530 Education
Spotlight 29 Casino 496 Casinos
Ernie Ball Inc./Paladar 380 Manufacturing – Music Supplies Augustine Casino 314 Casinos
Armtec Defense (Subsidiary of Esterling Defense
Technology) 236 Manufacturing - Defense
Valley Pride 200 Crop Harvesting
Coachella Valley Water District 194 Water and Wastewater Services Provider Teserra Outdoors (formerly California Pools) 156 Pool Installation and Services Cardenas (Market #18) 118 Groceries
Coca-Cola Enterprise Inc. 103 Manufacturer and Distributer Source: City of Coachella.
Commercial Activity
Taxable sales in the County totaled approximately $41,918,022,541 in 2020, the most recent full year for which figures are available. The following shows the taxable transactions of the County for the years shown, as provided by the California Department of Tax and Fee Administration.
COUNTY OF RIVERSIDE
TAXABLE TRANSACTIONS
(In Thousands)
Types of Business 2017 2018 2019 2020
Motor Vehicle and Parts Dealers $ 5,348,812 $ 5,407,139 $ 5,554,741 $ 5,786,471 Home Furnishings and Appliance Stores 1,730,566 1,962,650 2,104,126 2,097,785 Building Materials and Garden
Equipment and Supplies 2,161,593 2,346,508 2,500,049 3,091,784 Food and Beverage Stores 1,666,856 1,790,507 1,822,075 1,938,871 Gasoline Stations 2,933,668 3,381,768 3,383,756 2,622,849 Clothing and Clothing Accessories Stores 2,199,517 2,315,433 2,361,700 1,824,772 General Merchandise Stores 3,375,623 3,560,755 3,967,112 4,122,094 Food Services and Drinking Places 3,852,753 4,004,657 4,282,201 3,547,301 Other Retail Group 2,586,954 3,273,276 3,087,294 5,031,911 Total Retail and Food Services 25,856,341 28,042,692 29,063,054 30,063,839 All Other Outlets 10,551,119 10,876,806 11,563,944 11,854,184 Total All Outlets $36,407,460 $38,919,498 $40,626,998 $41,918,023
Source: California Department of Tax and Fee Administration.
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APPENDIX C
AUDITED FINANCIAL STATEMENTS OF THE CITY FOR FISCAL YEAR 2019-20
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APPENDIX D
FORM OF FINAL OPINION OF BOND COUNSEL
Upon the delivery of the Bonds, Nixon Peabody LLP proposes to render its final approving opinion with respect to the Bonds in substantially the following form:
Coachella Water Authority
Lynwood, California
Re: $______ Coachella Water Authority Enterprise Revenue Bonds, [2022A][2022B] Series
Ladies and Gentlemen:
We have acted as Bond Counsel to the Coachella Water Authority (the “Authority”) in connection with the issuance of the above-captioned bonds (the “Bonds”), issued pursuant to an Indenture of Trust, dated as of [February][May] 1, 2022 (the “Indenture”), by and between the Authority and Wilmington Trust, National Association, as trustee (the “Trustee”). Capitalized terms used but not defined herein shall have the meaning ascribed to such term as set forth in the Indenture.
As Bond Counsel, we have examined copies, certified to us as being true and complete, of the Indenture, certificates of the Authority, the Trustee and others, and such other documents, opinions and matters to the extent we deemed necessary to render the opinions set forth herein. We have not undertaken to verify independently the accuracy of the factual matters represented, warranted or certified therein, and we have assumed the genuineness of all signatures thereto.
We have, with your approval, assumed that all items submitted to us as originals are authentic and that all items submitted as copies conform to the originals.
On the basis of such examination, our reliance upon the assumptions contained herein and our consideration of such questions of law as we considered relevant, and subject to the limitations and qualifications in this opinion, we are of the opinion that:
1. The Bonds constitute the valid and binding limited obligations of the Authority.
2. The Indenture has been duly executed and delivered by, and, assuming due authorization, execution and delivery by the other parties thereto, constitutes the legally valid and binding obligation of, the Authority, enforceable in accordance with its terms. The Indenture establishes a valid lien on and a pledge of the Net Revenues (as defined in the Indenture) for the security of the Bonds. Enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting the enforcement of creditors' rights generally, the exercise of judicial discretion, the application of equitable principles if equitable remedies are sought and limitations on remedies against counties in the State of California.
3. Interest on the Bonds is exempt from personal income taxes of the State of California under present state law.
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4. The Internal Revenue Code of 1986 (the “Code”) sets forth certain requirements which must be met subsequent to the issuance and delivery of the Bonds for interest thereon to be and remain excluded from gross income for federal income tax purposes. Noncompliance with such requirements could cause the interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issue of the Bonds. Pursuant to the Indenture, and the Tax Certificate, the Authority and the City have covenanted to comply with the applicable requirements of the Code in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes pursuant to Section 103 of the Code. In addition, the Authority and the City have made certain representations and certifications in the Indenture and the Tax Certificate. We have not independently verified the accuracy of those certifications and representations.
Under existing law, assuming compliance with the tax covenants described herein and the accuracy of the aforementioned representations and certifications, interest on the Bonds is excluded from gross income for federal income tax purposes under Section 103 of the Code. We are also of the opinion that such interest is not treated as a preference item in calculating the alternative minimum tax imposed under the Code.
The opinions set forth in paragraphs 1 and 2 above are subject to (a) applicable bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or affecting creditors’ rights generally (including, without limitation, fraudulent conveyance laws), (b) the effect of general principles of equity, including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing and the possible unavailability of specific performance or injunctive relief, regardless of whether considered in a proceeding in equity or at law, and (c) the limitations on legal remedies against government entities in the State of California. We express no opinion with respect to any indemnification, contribution, choice of law, choice of forum or waiver provisions contained in the Indenture, and we express no opinion on the laws of any jurisdiction other than the State of California and the United States of America.
Except as stated in paragraphs 3 and 4, we express no opinion as to any other federal, state or local tax consequences of the ownership or disposition of the Bonds. Furthermore, we express no opinion as to any federal, state or local tax law consequences with respect to the Bonds, or the interest thereon, if any action is taken with respect to the Bonds or the proceeds thereof upon the advice or approval of other counsel.
No opinion is expressed herein on the accuracy, completeness or sufficiency of any offering material relating to the Bonds. This opinion is expressly limited to the matters set forth above and we render no opinion, whether by implication or otherwise, as to any other matters.
We do not undertake to advise you of any subsequent events or developments which might affect the statements contained herein. Our engagement with respect to this matter has ended as of the date hereof, and we disclaim any obligation to update this letter.
Respectfully submitted,
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APPENDIX E
FORM OF CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the “Disclosure Agreement”) is executed and delivered by and between the Coachella Water Authority (the “Authority”) and Urban Futures, Inc., as dissemination agent (the “Dissemination Agent”), in connection with the issuance and delivery of $________ Coachella Water Authority Water Revenue Refunding Bonds, [2022A Series][2022B Series] (the “Bonds”). The Bonds are issued pursuant to an Indenture of Trust, dated as of [February 1, 2022][May 1, 2022] (the “Indenture”), by and between the Authority and Wilmington Trust, National Association (the “Trustee”).
Purpose of this Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Authority for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with the Rule.
Definitions. In addition to the definitions set forth in the Trust Agreement, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings:
“Annual Report” shall mean any Annual Report provided by the Authority pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. “Annual Report Date” shall mean March 31 of each year (beginning on March 31, [2022][2023]). “Beneficial Owner” shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes.
“Fiscal Year” shall mean the one-year period ending on June 30 of each year. “Holder” shall mean a registered owner of the Bonds.
“Listed Events” shall mean any of the events listed in Section 5 of this Disclosure Agreement. “MSRB” shall mean the Municipal Securities Rulemaking Board established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934 or any other entity designated or authorized by the Securities and Exchange Commission to receive reports pursuant to the Rule. Until otherwise designated by the MSRB or the Securities and Exchange Commission, filings with the MSRB are to be made through the Electronic Municipal Marketplace Access (EMMA) website of the MSRB, currently located at http://emma.msrb.org.
“Participating Underwriter” shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. “Rule” shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time.
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SECTION 3 Provision of Annual Reports.
(a) The Authority shall provide, or cause the Dissemination Agent to provide, not later than the Annual Report Date to MSRB an Annual Report relating to the immediately preceding Fiscal Year which is consistent with the requirements of Section 4 of this Disclosure Agreement, which Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Agreement. The Authority shall satisfy the requirement of filing the Annual Report for the Fiscal Year ending June 30, 2021 by filing the audited financial statements of the Authority for the Fiscal Year ending June 30, 2021. (b) Not later than 15 business days prior to the Annual Report Date the Authority shall provide the Annual Report to the Dissemination Agent. If by such date, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall contact the Authority to determine if the Authority is in compliance with the first sentence of this subsection (b). (c) If the Authority is unable to provide to MSRB an Annual Report by the date required in subsection (a), the Authority, in a timely manner, shall send to MSRB a notice in substantially the form attached hereto as Exhibit A.
SECTION 4 Content of Annual Reports. The Annual Report shall contain or incorporate by reference the following:
1. The audited financial statements of the Authority for the most recently completed Fiscal Year, prepared in accordance with generally accepted accounting principles for governmental enterprises as prescribed from time to time by any regulatory body with jurisdiction over the Authority and by the Governmental Accounting Standards Board. If the Authority’s audited financial statements are not available by the Annual Report Date, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available;
2. An update, for the fiscal year ended the June 30 next preceding the Annual Report Date, of the following tables contained in the Official Statement (to the extent not included in the audited financial statements described in paragraph (1) above):
3. Table 1 – Leading Users of the Water Enterprise
4. Table 3 – Water Enterprise Production and Number of Accounts
5. Table 4 – Water Account User Composition
6. Table 5 – Historical Financial Results
7. Table 6 – State of Net Position
8. Table 7 – Historical Financial Results and Debt Service Coverage In addition to any of the information expressly required to be provided under subsections (1) and (2) of this Section, the Authority shall provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading.
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Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Authority or related public entities, which are available to the public on the MSRB’s Internet Web site or filed with the Securities and Exchange Commission.
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SECTION 5 Reporting of Listed Events. The Authority shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds (in each case to the extent applicable) in a timely manner not more than ten business days after the occurrence of the event:
1. principal or interest payment delinquencies;
2. non-payment related defaults, if material;
3. modifications to the rights of the Holders, if material;
4. optional, contingent or unscheduled calls, if material, and tender offers;
5. defeasances;
6. rating changes;
7. adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds;
8. unscheduled draws on the debt service reserves reflecting financial difficulties;
9. unscheduled draws on the credit enhancements reflecting financial difficulties;
10. substitution of the credit or liquidity providers or their failure to perform;
11. release, substitution or sale of property securing repayment of the Bonds, if material;
12. bankruptcy, insolvency, receivership or similar proceedings of the Authority, which shall occur as described below;
13. appointment of a successor or additional trustee or the change of name of a trustee, if material;
14. the consummation of a merger, consolidation, or acquisition involving the Authority or the sale of all or substantially all of the assets of the Authority other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material;
15. incurrence of a financial obligation of the Authority, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the Authority, any of which affect security holders, if material; or
16. default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the Authority, any of which reflect financial difficulties.
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For these purposes, any event described in item 12 of this Section 5 is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the Authority in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Authority, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Authority.
The term financial obligation means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (3) guarantee of (i) or (ii). The term financial obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule.
SECTION 6 Termination of Obligation. The Authority’s obligations under this Disclosure Agreement shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the Authority shall give notice of such termination in the same manner as for a Listed Event under Section 5.
SECTION 7 Dissemination Agent. The Authority may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent may resign by providing 30 days’ written notice to the Authority and the Trustee (if the Trustee is not the Dissemination Agent). The Dissemination Agent shall have no duty to prepare or review the Annual Report nor shall the Dissemination Agent be responsible for filing any Annual Report not provided to it by the Authority in a timely manner and in a form suitable for filing.
SECTION 8 Amendment; Waiver. Notwithstanding any other provision of this Disclosure Agreement, the Authority may amend this Disclosure Agreement, and any provision of this Disclosure Agreement may be waived, provided that, in the opinion of nationally recognized bond counsel, such amendment or waiver is permitted by the Rule. In the event of any amendment or waiver of a provision of this Disclosure Agreement, the Authority shall give notice of such amendment or waiver in the same manner as for a Listed Event under Section 5.
SECTION 9 Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Authority from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Authority chooses to include any information in any notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Agreement, the Authority shall not thereby have any obligation under this Disclosure Agreement to update such information or include it in any future notice of occurrence of a Listed Event.
SECTION 10 Default. In the event of a failure of the Authority to comply with any provision of this Disclosure Agreement, any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Authority to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Trust Agreement, and the sole remedy under this Disclosure Agreement in the event of any failure of the Authority to comply with this Disclosure Agreement shall be an action to compel performance.
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No Holder or Beneficial Owner of the Bonds may institute such action, suit or proceeding to compel performance unless they shall have first delivered to the Authority satisfactory written evidence of their status as such, and a written notice of and request to cure such failure, and the Authority shall have refused to comply therewith within a reasonable time.
SECTION 11 Duties, Immunities and Liabilities of the Dissemination Agent. The Dissemination Agent (if other than the Authority) shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Authority agrees to indemnify and save the Dissemination Agent and its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall be paid compensation by the Authority for its services provided hereunder in accordance with its schedule of fees as amended from time to time and all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall have no duty or obligation to review any information provided to them hereunder and shall not be deemed to be acting in any fiduciary capacity for the Authority, the Holders, or any other party. The obligations of the Authority under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. No person shall have any right to commence any action against the Dissemination Agent hereunder, seeking any remedy other than to compel specific performance of this Disclosure Certificate. The Dissemination Agent shall not be liable under any circumstances for monetary damages to any person for any breach under this Disclosure Certificate.
SECTION 12 Filings with the MSRB. All financial information, operating data, financial statements, notices, and other documents provided to MSRB in accordance with this Disclosure Agreement shall be provided in an electronic format prescribed by MSRB and shall be accompanied by identifying information as prescribed by MSRB.
SECTION 13 Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the Participating Underwriter and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity.
SECTION 14 Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Date: __________
COACHELLA WATER AUTHORITY
_______________________________________
Authorized Signatory
URBAN FUTURES, INC., as Dissemination Agent
_______________________________________
Authorized Signatory
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APPENDIX F
THE BOOK-ENTRY SYSTEM
The information concerning DTC set forth herein has been supplied by DTC, and neither the Authority nor the City assumes no responsibility for the accuracy thereof.
Unless a successor securities depository is designated pursuant to the Indenture, DTC will act as Securities Depository for the Bonds. The Bonds will be issued as fully-registered securities, registered in the name of Cede & Co., DTC’s partnership nominee, or such other name as may be requested by an authorized representative of DTC. One fully-registered Bond will be issued for each maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC.
DTC and Its Participants. DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve Enterprise, a “clearing corporation” within the meaning of the New York Uniform Commercial Code and a “clearing corporation” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.6 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfer and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC, in turn, is owned by a number of Direct Participants of DTC and Members of the National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation (NSCC, FICC, and EMCC, also subsidiaries of DTCC) as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others, such as both U.S. and non-U.S. securities brokers and dealers, banks and trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has been rated “AA+” by S&P. The DTC Rules applicable to its Participants are on file with the Securities Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.org.
Purchase of Ownership Interests. Purchases of the Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the bookentry system for the Bonds is discontinued.
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To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership.
DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such securities are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Notices and Other Communications. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. THE CITY AND THE
TRUSTEE WILL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO SUCH DTC
PARTICIPANTS OR THE PERSONS FOR WHOM THEY ACT AS NOMINEES WITH RESPECT TO THE BONDS.
Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Voting Rights. Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds unless authorized by a Direct Participant in accordance with DTC’s procedures. Under its usual procedures, DTC mails an Omnibus Proxy to an issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Redemption Proceeds. Payments of principal and interest on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts on interest payment dates in accordance with their respective holdings shown on DTC’s records unless DTC has reason to believe that it will not receive payment on the interest payment date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC nor its nominee, the Trustee, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, principal and interest to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC is the responsibility of the Trustee, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
THE TRUSTEE AND THE CITY SHALL NOT HAVE ANY RESPONSIBILITY OR
OBLIGATION TO ANY DTC PARTICIPANT, ANY BENEFICIAL OWNER OR ANY OTHER
PERSON CLAIMING A BENEFICIAL OWNERSHIP INTEREST IN THE BONDS UNDER OR
THROUGH DTC OR ANY DTC PARTICIPANT, OR ANY OTHER PERSON WHICH IS NOT
SHOWN ON THE REGISTRATION BOOKS OF THE TRUSTEE AS BEING AN OWNER OF
BONDS, WITH RESPECT TO THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR ANY DTC PARTICIPANT; THE PAYMENT BY DTC OR ANY DTC PARTICIPANT OF ANY
AMOUNT IN RESPECT OF THE PRINCIPAL OF, AND PREMIUM, IF ANY, OR INTEREST ON THE BONDS; ANY NOTICE WHICH IS PERMITTED OR REQUIRED TO BE GIVEN TO OWNER OF THE BONDS UNDER THE INDENTURE; THE SELECTION BY DTC OR ANY DIRECT OR
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INDIRECT PARTICIPANT OF ANY PERSON TO RECEIVE PAYMENT IN THE EVENT OF A PARTIAL REDEMPTION OF THE BONDS; ANY CONSENT OR OTHER ACTION TAKEN BY DTC AS OWNER OF THE BONDS; OR ANY OTHER PROCEDURES OR OBLIGATIONS OF DTC UNDER THE BOOK-ENTRY SYSTEM.
SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE BONDS, AS NOMINEE
OF DTC, REFERENCES HEREIN TO THE REGISTERED OWNERS OF THE BONDS SHALL MEAN CEDE & CO., AS AFORESAID, AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE BONDS (EXCEPT FOR THE MATTERS UNDER THE CAPTION “TAX MATTERS” HEREIN) The foregoing description of the procedures and record keeping with respect to beneficial ownership interests in the Bonds, payment of principal and interest on the Bonds to DTC Participants or Beneficial Owners, confirmation and transfer of beneficial owner interest in such Bonds and other related transactions by and between DTC, the DTC Participants and the Beneficial Owner is based solely on information provided by DTC. Accordingly, no representations can be made concerning these matters, and neither the DTC Participants nor the Beneficial Owners should rely on the foregoing information with respect to such matters, but should instead confirm the same with DTC or the DTC Participants, as the case may be.
Discontinuance of Book-Entry System. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City or the Trustee. Under such circumstances, in the event that a successor securities depository is not obtained, Bonds are required to be printed and delivered as described in the Indenture.
The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Bonds will be printed and delivered as described in the Indenture.
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APPENDIX G
FORM OF FORWARD DELIVERY CONTRACT
The Underwriter reserves the right to obligate investors purchasing the 2022B Bonds to execute a Forward Delivery Contract in substantially the following form.
Re: Coachella Water Authority Revenue Refunding Bonds, 2022B Series (the “2022B Bonds”)
Ladies and Gentlemen:
The Purchaser designated below and executing this instrument (the “Purchaser”) hereby agrees to purchase when, as, and if issued and delivered by the Coachella Water Authority (the “Authority) to Stifel, Nicolaus & Company, Incorporated, as underwriter (the “Underwriter”), and the Underwriter agrees to sell to the undersigned,
Maturity
Date
Par
Amount Coupon
CUSIP
Number Yield Price
of the above-referenced 2022B Bonds (the “Purchased 2022B Bonds”) offered by the Authority’s Preliminary Official Statement dated [______], 2021 and the Official Statement dated ______, 2021 (the “Official Statement”), receipt of copies of which is hereby acknowledged, at a purchase price (plus accrued interest, if any, from the date of the initial delivery of the Purchased 2022B Bonds), at the interest rates, in the principal amounts and with maturity dates shown above, and on the further terms and conditions set forth in this Forward Delivery Contract.
The Purchaser hereby confirms that it has reviewed the Official Statement (including without limitation the information under the heading “FORWARD DELIVERY OF THE 2022B BONDS— Certain Considerations Regarding Forward Delivery of the 2022B Bonds” therein), has considered the risks associated with purchasing the Purchased 2022B Bonds and is duly authorized to purchase the Purchased 2022B Bonds. The Purchaser further acknowledges and agrees that the Purchased 2022B Bonds are being sold on a “forward” basis, and the Purchaser hereby purchases and agrees to accept delivery of such Purchased 2022B Bonds from the Underwriter on or about May __, 2022 (the “Settlement Date”) as they may be issued pursuant to the Forward Delivery Bond Purchase Agreement between the Authority and the Underwriter (the “Bond Purchase Agreement”). A copy of the Bond Purchase Agreement is available from the Underwriter upon request.
Payment for the Purchased 2022B Bonds that the Purchaser has agreed to purchase on the Settlement Date shall be made to the Underwriter by wire transfer to a bank account specified by the Underwriter, on the Settlement Date upon delivery to the Purchaser of the Purchased 2022B Bonds then to be purchased by the Purchaser through the book-entry system of The Depository Trust Company.
Upon issuance by the Authority of the 2022B Bonds and purchase thereof by the Underwriter, the obligation of the Purchaser to take delivery of the Purchased 2022B Bonds hereunder shall be unconditional unless:
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The Authority fails to deliver the 2022B Bonds as set forth in the Bond Purchase Agreement or fails or is unable to comply with all of the conditions to settlement set forth in the Bond Purchase Agreement on the Settlement Date, or
the Underwriter terminates its agreement to purchase the 2022B Bonds on the Settlement Date for re-sale to the Purchaser upon the occurrence of an event described in the Official Statement under “FORWARD DELIVERY OF THE 2022B BONDS—Certain Considerations Regarding Forward Delivery of the 2022B Bonds.” The Purchaser acknowledges that the market value of the 2022B Bonds as of the Settlement Date may be affected by a variety of factors between the date of this Forward Delivery Contract and the Settlement Date, including, without limitation, changes in general market conditions or the financial condition of the Authority or modifications to laws that may diminish the value of, as opposed to eliminating the exclusion from gross income for federal income tax purposes, interest payable on “state or local bonds,” that will not prevent the Authority from satisfying all material conditions precedent for the delivery of the Purchased 2022B Bonds. The Purchaser acknowledges and agrees that it will not be able to withdraw its order as described and, except as described in the fourth paragraph of this Forward Delivery Contract, will not otherwise be excused from performance of its obligations to take up and pay for the Purchased 2022B Bonds on the Settlement Date. To effect a termination by the Purchaser, the Purchaser acknowledges and agrees that it must give written notice of termination of this Forward Delivery Contract to the Underwriter before Settlement (i.e., delivery of the 2022B Bonds to, and payment for the 2022B Bonds by, the Underwriter) on the Settlement Date. The Purchaser understands and agrees that no termination of the obligation of the Purchaser may occur after Settlement. The Purchaser also acknowledges and agrees that it will remain obligated to purchase the Purchased 2022B Bonds in accordance with the terms hereof even if the Purchaser decides to sell such Purchased 2022B Bonds following the date hereof.
The Purchaser represents and warrants that, as of the date of this Forward Delivery Contract, the Purchaser is not prohibited from purchasing the Purchased 2022B Bonds hereby agreed to be purchased by it under the laws of the jurisdiction to which the undersigned is subject.
This Forward Delivery Contract will inure to the benefit of and be binding upon the parties hereto and their respective successors, but will not be assignable by either party hereto without the prior written consent of the other.
This Forward Delivery Contract may be executed by either of the parties hereto in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall constitute one and the same instrument.
It is understood that the acceptance by the Underwriter of any Forward Delivery Contract (including this one) is in the Underwriter’s sole discretion and that, without limiting the foregoing, acceptances of such contracts need not be on a first-come, first-served basis. If this Forward Delivery Contract is acceptable to the Underwriter, it is requested that the Underwriter sign the form of acceptance below and mail or deliver one of the counterparts hereof to the Purchaser at its address set forth below.
This will become a binding contract between the Underwriter and the Purchaser when such counterpart is mailed or delivered to the Purchaser. This Forward Delivery Contract does not constitute a customer confirmation pursuant to Rule G-15 of the Municipal Securities Rulemaking Board.
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This Forward Delivery Contract shall be construed and administered under the laws of the State of New York.
[NAME OF INVESTOR]
By:
Name:
Title:
Accepted: ______________, 20__
STIFEL, NICOLAUS & COMPANY, INCORPORATED
By:
Name:
Title:
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APPENDIX H
SPECIMEN MUNICIPAL BOND INSURANCE POLICY
Item 28.
EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Bonds in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the Authority by Urban Futures, Inc. as municipal advisor to the Authority (the “Municipal Advisor”), each with respect to the Bonds.
Principal Amount of the 2022A Bonds. The Municipal Advisor has informed the Authority that, based on the Authority’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Bonds is $4,885,000 (the “Estimated Principal Amount”).
True Interest Cost of the 2022A Bonds. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Bonds, is 2.79%.
Finance Charge of the 2022A Bonds. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Bonds), is $217,228.
Amount of Proceeds to be Received for the 2022A Bonds. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the Authority, less the finance charge of the Bonds, as estimated above, and any reserve fund funded with proceeds of the Bonds, is $5,406,353.
Total Payment Amount for the 2022A Bonds. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the Authority will make to pay debt service on the Bonds, plus the finance charge for the Bonds, as described above, not paid with the proceeds of the Bonds, calculated to the final maturity of the Bonds, is $7,749,958.
Principal Amount of the 2022B Bonds. The Municipal Advisor has informed the Authority that, based on the Authority’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Bonds is $6,230,000 (the “Estimated Principal Amount”).
True Interest Cost of the 2022B Bonds. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on
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market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Bonds, is 2.12%.
Finance Charge of the 2022B Bonds. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Bonds), is $212,131.
Amount of Proceeds to be Received for the 2022B Bonds. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the Authority, less the finance charge of the Bonds, as estimated above, and any reserve fund funded with proceeds of the Bonds, is $6,713,578.
Total Payment Amount for the 2022B Bonds. The Municipal Advisor has informed the Authority that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the Authority will make to pay debt service on the Bonds, plus the finance charge for the Bonds, as described above, not paid with the proceeds of the Bonds, calculated to the final maturity of the Bonds, is $7,624,531.
The foregoing estimates constitute good faith estimates only. The actual principal amount of the Bonds issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual closing dates being different than the dates assumed for purposes of such estimates, (b) the actual original principal amount of the Bonds sold being different from the Estimated Principal Amount, (c) the actual amortization of the Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the Authority’s financing plan, or a combination of such factors. The actual date of sale of the Bonds and the actual principal amount of the Bonds sold will be determined by the Authority based on the timing of the need for proceeds and other factors. The actual interest rates borne by the Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the Authority.
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STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Construction Contract with Desert Concepts Construction Inc. in the amount of $3,083,148.50 and 10% for contingency for the construction of the Pueblo Viejo Sustainable Transportation Project, City Project ST-130.
STAFF RECOMMENDATION:
o Authorize the City Manager to execute a construction contract with Desert Concepts Construction, Inc. in the amount $3,083,148.50 and 10% for contingency for the construction of the Pueblo Viejo Sustainable Transportation Project, City Project ST-130. o Authorize City Manager to execute a contract for construction materials and quality assurance testing with Atlas Engineering (On-Call Consultant) in the amount of $15,000. o Authorize City Manager to execute a contract Amendment with Egan Civil Engineering to perform construction phase engineering services, including construction staking and support.
BACKGROUND:
In October of 2020, the City entered into a grant agreement with an Infill Infrastructure Grant (IIG) program, which also supplements an Affordable Housing and Sustainable Communities (AHSC) program grant. These two grants provide approximately 3.4 million in funding and are allocated under City project number ST-130. These grant funds are to be used on infill infrastructure improvements in the downtown Pueblo Viejo District. Improvements included in the grant funding include curbs, gutters, sidewalks, bike lanes, lighting, electrical undergrounding, public plaza improvements, landscaping and ADA improvements.
On January 27, 2021, the City Council approved a professional services agreement with Egan Civil, Inc. to develop final plans, specifications and estimates for the Pueblo Viejo Sustainable Transportation Project in the amount of $182,000.
During the design process, it was determined that portions of the Pueblo Viejo Sustainable Transportation project overlapped portions of the Fire Station #79 Rehabilitation and Expansion project (F-7). As a result, the design and bid documents intentionally included $250,000 of additional improvements that are portions of the Fire Station project. These additional improvements include additional undergrounding of overhead electrical on Palm Ave, full removal and reinstallation of the driveways and flat work at the fire station frontage and installation of
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electrical transformers, switch gear and building upgrades to accommodate the new underground service. Staff determined that this work could be performed at a more cost effective price point if performed in connection with the Pueblo Viejo Sustainable Transportation Project.
DISCUSSION/ANALYSIS:
The City requested public bids in accordance with City Standards and in compliance with the California Public Contract Code. On November 2, 2021, the City issued the Notice Inviting Bids with a non-mandatory job walk held on November 16, 2021. The project bid opening was held on December 1, 2021 at 2:00 p.m., with four companies submitting bids for this project. The bid opening results are listed below:
Company Name: Bid Amount:
Desert Concepts Construction, Inc. $3,083,148.50
Granite Construction $3,202,023.00
C.S. Legacy $3,985,269.50
LA Engineering $4,399,900.00
This total project cost includes all base bid items as well as three add alternative bid items. The three bid add alternative items include new sidewalks on the north side of First Street, new sidewalks on the west side of Pendleton drive and a new block wall along the entire northern side of the new 5th street paseo. Staff has reviewed the bids and has determined that Desert Concepts Construction, Inc. is the lowest, responsive, responsible bidder. However, due to the current high construction cost from the COVID-19 pandemic, the project budget exceeds the amount of grant funds received:
Project Item: Project Cost: Project Revenue:
Architectural Design – Egan Civil $181,938
Construction - $3,083,148.50
Construction Contingency (10%) $308,314.50
ATLAS Engineering materials testing $15,000
Construction Engineering $25,000
TOTAL CONSTRUCTION PROJECT COST: $3,613,401.00
IIG – Grant $2,460,000
AHSC – Grant $696,500
CIP project F-7 $250,000
CONSTRUCTION COST DIFFERENCE: $206,901
LAND AQUISITION $849,912
AHSC – Grant funds for land aquisition $500,000
LAND ACQUISITION COST DIFFERENCE: $349,912
The project total project cost is proposed to be paid with: $2,460,000 in remaining IIG grant funds, $696,500 in AHSC grant funds, $250,000 from CIP project F-7, and the remaining project cost
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difference of $556,813 (which includes both construction contingency and land acquisition costs) is proposed to be funded with an appropriation from Fund 101 – General Fund.
Per section E or article 27 of the Project Specifications for the project, Granite Construction submitted a bid protest on December 3rd, 2021. City staff preformed an independent factual inquiry of the bid protest with a review of applicable law. Upon conclusion of this examination, the protest was found to offer no persuasive (or lawful) reason why public policy would favor awarding the contract to Granite Construction at a higher cost than Desert Concepts responsive bid. For that reason, the protest was denied and a bid protest denial letter, dated December 15th, 2021 was returned to Granite Construction.
FISCAL IMPACT:
The Pueblo Viejo Sustainable Transportation Project (ST-130) is proposed to be funded with the following grants and appropriations with the following allocations:
o IIG (Fund 152)- $2,460,000
o AHSC (Fund 152)- $696,500
o City Project F-7 (Fund 130)- $250,000
o Coachella (Fund 101) - $556,813
These appropriations will replace current budgeted appropriations adopted in the FY 21/22 CIP budget. With this action, Council will be approving all necessary transfers between the appropriated funds above and the City’s CIP Fund (182).
ATTACHMENTS:
1. Construction Contract – Desert Concepts
2. Bid Summary – ST-130
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Desert Concepts Granite Construction CS Legacy LA Engineering Base Bid $ 2,775,053.00 $ 2,898,161.00 $ 3,414,911.73 $ 4,132,257.40 Alt 1 (block wall) $ 101,760.00 $ 88,560.00 $ 254,488.56 $ 76,080.00 Alt 2 (Pendelton) $ 129,041.00 $ 142,890.00 $ 194,117.46 $ 121,469.60 Alt 3 (First Street) $ 77,294.50 $ 72,412.00 $ 121,751.75 $ 70,093.00 TOTAL $ 3,083,148.50 $ 3,202,023.00 $ 3,985,269.50 $ 4,399,900.00 Staff has reviewed the bids and has determined that Desert Concepts Construction, Inc. is the lowest, responsive, responsible bidder.
Summary of Bid Results After Evaluation
Pueblo Viejo Sustainable Transportation ProjectCITY OF COACHELLABID OPENING: December 1, 2021 Engineers Estimate = $3,279,916
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Bid Summary
ITEM
NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL 1 Mobilization 1 LS $ 70,200.00 $ 70,200.00 $ 175,000.00 $ 175,000.00 $ 125,000.00 $ 125,000.00 $ 177,944.80 $ 177,944.80 $ 550,000.00 $ 550,000.00 2 Best Management Practices 1 LS $ 15,000.00 $ 15,000.00 $ 75,305.00 $ 75,305.00 $ 45,000.00 $ 45,000.00 $ 45,277.30 $ 45,277.30 $ 49,182.25 $ 49,182.25 3 Traffic Control 1 LS $ 15,000.00 $ 15,000.00 $ 90,000.00 $ 90,000.00 $ 60,579.00 $ 60,579.00 $ 56,121.03 $ 56,121.03 $ 200,000.00 $ 200,000.00 4 90-Day Maintenance (Landscape) 1 LS $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 5,500.00 $ 5,500.00 $ 6,240.00 $ 6,240.00 $ 5,000.00 $ 5,000.00 5 Sawcut & Remove AC Pavement (D) 2,605 SF $ 10.00 $ 26,050.00 $ 3.50 $ 9,117.50 $ 2.00 $ 5,210.00 $ 4.47 $ 11,644.35 $ 4.00 $ 10,420.00 6 Clearing, Grubbing & Removals (D) 1 LS $ 7,415.00 $ 7,415.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 3,403.63 $ 3,403.63 $ 134,000.00 $ 134,000.00 7 Adjust to Grade Water Valve (D) 3 EA $ 1,700.00 $ 5,100.00 $ 1,100.00 $ 3,300.00 $ 800.00 $ 2,400.00 $ 1,076.91 $ 3,230.73 $ 200.00 $ 600.00 8 Adjust to Grade Sewer MH Frame & Lid (D) 1 EA $ 3,200.00 $ 3,200.00 $ 1,200.00 $ 1,200.00 $ 2,800.00 $ 2,800.00 $ 3,044.23 $ 3,044.23 $ 1,500.00 $ 1,500.00 9 Adjust to Grade Electrical Pull box 1 EA $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 700.00 $ 700.00 $ 884.94 $ 884.94 $ 1,000.00 $ 1,000.00 10 Salvage & Reinstall Fire Hydrant (D) 1 EA $ 3,500.00 $ 3,500.00 $ 1,800.00 $ 1,800.00 $ 10,000.00 $ 10,000.00 $ 27,229.09 $ 27,229.09 $ 15,000.00 $ 15,000.00 11 Suitable Backfill (Parkway) (D)(F) 40 CY $ 60.00 $ 2,400.00 $ 55.00 $ 2,200.00 $ 650.00 $ 26,000.00 $ 109.65 $ 4,386.00 $ 90.00 $ 3,600.00 12 Cold Mill AC Pavement (4”) (D) 13,932 SF $ 1.50 $ 20,898.00 $ 1.50 $ 20,898.00 $ 1.00 $ 13,932.00 $ 1.13 $ 15,743.16 $ 1.00 $ 13,932.00 13 Asphalt Concrete (4”) (D) 13,932 SF $ 4.00 $ 55,728.00 $ 3.50 $ 48,762.00 $ 4.00 $ 55,728.00 $ 3.80 $ 52,941.60 $ 3.25 $ 45,279.00 14 Asphalt Concrete (5”) (D) 267 SF $ 4.50 $ 1,201.50 $ 4.00 $ 1,068.00 $ 4.00 $ 1,068.00 $ 4.54 $ 1,212.18 $ 3.25 $ 867.75 15 Class 2 Crushed Misc. Base (D) (F) 10 CY $ 90.00 $ 900.00 $ 65.00 $ 650.00 $ 85.00 $ 850.00 $ 204.22 $ 2,042.20 $ 400.00 $ 4,000.00 16 6” Curb & Gutter over 6” CAB (D) 320 LF $ 50.00 $ 16,000.00 $ 45.00 $ 14,400.00 $ 60.00 $ 19,200.00 $ 64.47 $ 20,630.40 $ 77.00 $ 24,640.00 17 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 268 SF $ 15.00 $ 4,020.00 $ 9.50 $ 2,546.00 $ 12.00 $ 3,216.00 $ 17.67 $ 4,735.56 $ 24.00 $ 6,432.00 18 Conc. Sidewalk w/ Med Broom Finish over 2”
Sand & 10 Mil Plastic (D) 5,900 SF $ 20.00 $ 118,000.00 $ 9.00 $ 53,100.00 $ 14.00 $ 82,600.00 $ 16.67 $ 98,353.00 $ 11.00 $ 64,900.00 19 Conc. Driveway Pavement (8”) 240 SF $ 30.00 $ 7,200.00 $ 16.00 $ 3,840.00 $ 20.00 $ 4,800.00 $ 26.40 $ 6,336.00 $ 32.00 $ 7,680.00 20 Curb Ramp (D) 6 EA $ 7,500.00 $ 45,000.00 $ 9,500.00 $ 57,000.00 $ 3,000.00 $ 18,000.00 $ 7,298.05 $ 43,788.30 $ 3,500.00 $ 21,000.00 21 Interlocking Pavers (Pedestrian) (D) 215 SF $ 22.00 $ 4,730.00 $ 18.00 $ 3,870.00 $ 22.00 $ 4,730.00 $ 36.41 $ 7,828.15 $ 95.00 $ 20,425.00 22 Permeable Pavers 514 SF $ 24.00 $ 12,336.00 $ 20.00 $ 10,280.00 $ 23.00 $ 11,822.00 $ 35.40 $ 18,195.60 $ 52.00 $ 26,728.00 23 Decorative Single Post Top Light (D) 5 EA $ 9,000.00 $ 45,000.00 $ 9,000.00 $ 45,000.00 $ 9,100.00 $ 45,500.00 $ 11,629.09 $ 58,145.45 $ 10,000.00 $ 50,000.00 24 Palm Tree Light (D) 8 EA $ 2,500.00 $ 20,000.00 $ 1,200.00 $ 9,600.00 $ 1,700.00 $ 13,600.00 $ 3,522.76 $ 28,182.08 $ 3,000.00 $ 24,000.00 25 Electrical Receptacle (D) 2 EA $ 750.00 $ 1,500.00 $ 800.00 $ 1,600.00 $ 600.00 $ 1,200.00 $ 1,843.64 $ 3,687.28 $ 1,600.00 $ 3,200.00 26 Pull Box No. 3.5 (PCC) (D) 10 EA $ 450.00 $ 4,500.00 $ 600.00 $ 6,000.00 $ 485.00 $ 4,850.00 $ 737.45 $ 7,374.50 $ 600.00 $ 6,000.00 27 2” PVC Conduit & Conductors (D) (F) 460 LF $ 15.00 $ 6,900.00 $ 48.00 $ 22,080.00 $ 36.00 $ 16,560.00 $ 45.38 $ 20,874.80 $ 40.00 $ 18,400.00 28 4” PVC Conduit Sleeve (D) 280 LF $ 20.00 $ 5,600.00 $ 32.00 $ 8,960.00 $ 40.00 $ 11,200.00 $ 56.73 $ 15,884.40 $ 25.00 $ 7,000.00 29 Signing & Striping (D) 1 LS $ 8,500.00 $ 8,500.00 $ 28,000.00 $ 28,000.00 $ 5,173.00 $ 5,173.00 $ 5,869.01 $ 5,869.01 $ 5,400.00 $ 5,400.00 30 Landscape Sleeving (D) (F) 270 LF $ 20.00 $ 5,400.00 $ 35.00 $ 9,450.00 $ 15.00 $ 4,050.00 $ 37.06 $ 10,006.20 $ 38.00 $ 10,260.00 31 Irrigation (D) (F) 1 LS $ 19,905.00 $ 19,905.00 $ 25,000.00 $ 25,000.00 $ 20,000.00 $ 20,000.00 $ 22,123.63 $ 22,123.63 $ 38,000.00 $ 38,000.00 32 Date Palm (16’ BTH) (D) 6 EA $ 7,500.00 $ 45,000.00 $ 4,500.00 $ 27,000.00 $ 3,000.00 $ 18,000.00 $ 3,176.73 $ 19,060.38 $ 5,500.00 $ 33,000.00 33 36” Box Tree (D) 2 EA $ 800.00 $ 1,600.00 $ 1,600.00 $ 3,200.00 $ 950.00 $ 1,900.00 $ 1,077.82 $ 2,155.64 $ 3,000.00 $ 6,000.00 34 5 Gallon Shrubs (D) 99 EA $ 50.00 $ 4,950.00 $ 35.00 $ 3,465.00 $ 24.00 $ 2,376.00 $ 27.23 $ 2,695.77 $ 60.00 $ 5,940.00 35 DG Surface Cover (3/8” Desert Gold) (D) 1,540 SF $ 4.00 $ 6,160.00 $ 4.50 $ 6,930.00 $ 2.00 $ 3,080.00 $ 4.67 $ 7,191.80 $ 7.00 $ 10,780.00 36 Bench (D) 2 EA $ 1,600.00 $ 3,200.00 $ 1,800.00 $ 3,600.00 $ 2,800.00 $ 5,600.00 $ 3,176.73 $ 6,353.46 $ 2,700.00 $ 5,400.00 37 Bike Rack (D) 1 EA $ 500.00 $ 500.00 $ 800.00 $ 800.00 $ 700.00 $ 700.00 $ 794.18 $ 794.18 $ 750.00 $ 750.00 38 Trash Receptacle (D) 2 EA $ 1,200.00 $ 2,400.00 $ 1,200.00 $ 2,400.00 $ 1,500.00 $ 3,000.00 $ 1,701.82 $ 3,403.64 $ 1,400.00 $ 2,800.00 39 Sawcut & Remove AC Pavement (D) 7,641 SF $ 10.00 $ 76,410.00 $ 3.50 $ 26,743.50 $ 2.00 $ 15,282.00 $ 4.03 $ 30,793.23 $ 3.00 $ 22,923.00 40 Clearing, Grubbing & Removals (D) 1 LS $ 12,110.00 $ 12,110.00 $ 10,000.00 $ 10,000.00 $ 75,000.00 $ 75,000.00 $ 3,403.63 $ 3,403.63 $ 75,000.00 $ 75,000.00 41 Adjust to Grade Water Valve Frame (D) 1 EA $ 1,700.00 $ 1,700.00 $ 1,100.00 $ 1,100.00 $ 800.00 $ 800.00 $ 1,076.91 $ 1,076.91 $ 550.00 $ 550.00 42 Adjust to Grade Sewer MH Lid (D) 3 EA $ 3,500.00 $ 10,500.00 $ 1,200.00 $ 3,600.00 $ 2,800.00 $ 8,400.00 $ 3,044.24 $ 9,132.72 $ 1,500.00 $ 4,500.00 43 Adjust to Grade Gas Valve Frame 1 EA $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00 $ 1,076.91 $ 1,076.91 $ 650.00 $ 650.00 44 Adjust to Grade Water Meter box (D) 6 EA $ 500.00 $ 3,000.00 $ 800.00 $ 4,800.00 $ 1,000.00 $ 6,000.00 $ 1,076.91 $ 6,461.46 $ 500.00 $ 3,000.00 45 Salvage & Reinstall Fire Hydrant (D) 1 EA $ 3,200.00 $ 3,200.00 $ 1,800.00 $ 1,800.00 $ 10,000.00 $ 10,000.00 $ 27,229.09 $ 27,229.09 $ 15,000.00 $ 15,000.00 46 Salvage & Reinstall Mailbox (D) 1 EA $ 250.00 $ 250.00 $ 500.00 $ 500.00 $ 1,200.00 $ 1,200.00 $ 1,078.44 $ 1,078.44 $ 1,000.00 $ 1,000.00 47 Salvage & Reinstall Backflow w/ Cage 1 EA $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 13,000.00 $ 13,000.00 $ 6,240.00 $ 6,240.00 $ 1,500.00 $ 1,500.00 48 Suitable Backfill (Parkway) (D) (F) 55 CY $ 60.00 $ 3,300.00 $ 55.00 $ 3,025.00 $ 650.00 $ 35,750.00 $ 109.65 $ 6,030.75 $ 100.00 $ 5,500.00 CS Legacy
Pueblo Viejo Sustainable Transportation Project
CITY OF COACHELLA
BID OPENING: December 1, 2021
Engineer's Estimate Desert Concepts Granite Construction LA Engineering
Item 29.
Bid Summary
CS Legacy
Pueblo Viejo Sustainable Transportation Project
CITY OF COACHELLA
BID OPENING: December 1, 2021
Engineer's Estimate Desert Concepts Granite Construction LA Engineering 49 Cold Mill AC Pavement (4”) (D) 26,514 SF $ 1.50 $ 39,771.00 $ 1.50 $ 39,771.00 $ 1.00 $ 26,514.00 $ 0.79 $ 20,946.06 $ 0.60 $ 15,908.40 50 Asphalt Concrete (4”) (D) 26,514 SF $ 4.00 $ 106,056.00 $ 3.50 $ 92,799.00 $ 4.00 $ 106,056.00 $ 3.12 $ 82,723.68 $ 2.75 $ 72,913.50 51 Asphalt Concrete (5”) (D) 430 SF $ 4.50 $ 1,935.00 $ 4.00 $ 1,720.00 $ 4.00 $ 1,720.00 $ 7.94 $ 3,414.20 $ 2.75 $ 1,182.50 52 Class 2 Crushed Misc. Base (D) (F) 60 CY $ 90.00 $ 5,400.00 $ 65.00 $ 3,900.00 $ 85.00 $ 5,100.00 $ 175.85 $ 10,551.00 $ 300.00 $ 18,000.00 53 6” Curb & Gutter over 6” CAB (D) 847 LF $ 50.00 $ 42,350.00 $ 45.00 $ 38,115.00 $ 60.00 $ 50,820.00 $ 64.15 $ 54,335.05 $ 61.00 $ 51,667.00 54 6” Curb over 6” CAB (D) 45 LF $ 40.00 $ 1,800.00 $ 35.00 $ 1,575.00 $ 70.00 $ 3,150.00 $ 63.64 $ 2,863.80 $ 90.00 $ 4,050.00 55 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 900 SF $ 15.00 $ 13,500.00 $ 9.50 $ 8,550.00 $ 12.00 $ 10,800.00 $ 17.13 $ 15,417.00 $ 13.00 $ 11,700.00 56 Conc. Sidewalk w/ Med Broom Finish over 2”
Sand & 10 Mil Plastic (D) 5,917 SF $ 18.00 $ 106,506.00 $ 9.00 $ 53,253.00 $ 14.00 $ 82,838.00 $ 16.15 $ 95,559.55 $ 11.00 $ 65,087.00 57 Conc. Driveway Approach (D) 1,035 SF $ 20.00 $ 20,700.00 $ 14.00 $ 14,490.00 $ 16.00 $ 16,560.00 $ 24.52 $ 25,378.20 $ 16.00 $ 16,560.00 58 Conc. / Paver Driveway Approach (D) 832 SF $ 30.00 $ 24,960.00 $ 14.00 $ 11,648.00 $ 24.00 $ 19,968.00 $ 30.70 $ 25,542.40 $ 67.00 $ 55,744.00 59 Conc. Driveway Pavement (6”) (D) 2,290 SF $ 25.00 $ 57,250.00 $ 14.00 $ 32,060.00 $ 14.00 $ 32,060.00 $ 23.78 $ 54,456.20 $ 11.00 $ 25,190.00 60 Conc. Driveway Pavement (8”) (D) 3,454 SF $ 30.00 $ 103,620.00 $ 16.00 $ 55,264.00 $ 16.00 $ 55,264.00 $ 23.69 $ 81,825.26 $ 12.00 $ 41,448.00 61 Curb Ramp (D) 4 EA $ 7,500.00 $ 30,000.00 $ 9,500.00 $ 38,000.00 $ 3,000.00 $ 12,000.00 $ 7,353.63 $ 29,414.52 $ 3,500.00 $ 14,000.00 61A Interlocking Pavers (Pedestrian) (D) 488 SF $ 22.00 $ 10,736.00 $ 18.00 $ 8,784.00 $ 22.00 $ 10,736.00 $ 32.81 $ 16,011.28 $ 76.00 $ 37,088.00 62 Permeable Pavers (D) 2,062 SF $ 24.00 $ 49,488.00 $ 20.00 $ 41,240.00 $ 23.00 $ 47,426.00 $ 31.75 $ 65,468.50 $ 50.00 $ 103,100.00 63 Traffic Rated Paver Crosswalk w/ Conc. Band 960 SF $ 65.00 $ 62,400.00 $ 25.00 $ 24,000.00 $ 50.00 $ 48,000.00 $ 64.22 $ 61,651.20 $ 80.00 $ 76,800.00 64 Catch Basin 3 EA $ 14,000.00 $ 42,000.00 $ 8,000.00 $ 24,000.00 $ 24,000.00 $ 72,000.00 $ 7,714.91 $ 23,144.73 $ 8,000.00 $ 24,000.00 65 12" N-12 WT JT HDPE Pipe 67 LF $ 75.00 $ 5,025.00 $ 280.00 $ 18,760.00 $ 500.00 $ 33,500.00 $ 583.16 $ 39,071.72 $ 350.00 $ 23,450.00 66 18" N-12 WT JT HDPE Pipe 61 LF $ 95.00 $ 5,795.00 $ 350.00 $ 21,350.00 $ 500.00 $ 30,500.00 $ 602.44 $ 36,748.84 $ 500.00 $ 30,500.00 67 Decorative Single Post Top Light (D) 5 EA $ 9,000.00 $ 45,000.00 $ 9,000.00 $ 45,000.00 $ 9,100.00 $ 45,500.00 $ 11,629.09 $ 58,145.45 $ 10,000.00 $ 50,000.00 68 Decorative Street Light (D) 1 EA $ 10,200.00 $ 10,200.00 $ 12,000.00 $ 12,000.00 $ 14,458.00 $ 14,458.00 $ 17,886.11 $ 17,886.11 $ 16,000.00 $ 16,000.00 69 Palm Tree Ring Light (D) 5 EA $ 2,500.00 $ 12,500.00 $ 1,200.00 $ 6,000.00 $ 1,700.00 $ 8,500.00 $ 3,522.76 $ 17,613.80 $ 3,200.00 $ 16,000.00 70 Electrical Receptacle (D) 7 EA $ 750.00 $ 5,250.00 $ 800.00 $ 5,600.00 $ 600.00 $ 4,200.00 $ 1,843.64 $ 12,905.48 $ 1,600.00 $ 11,200.00 71 Pull Box No. 3.5 (PCC) (D) 12 EA $ 450.00 $ 5,400.00 $ 600.00 $ 7,200.00 $ 485.00 $ 5,820.00 $ 737.45 $ 8,849.40 $ 700.00 $ 8,400.00 72 2” PVC Conduit & Conductors (D) (F) 780 LF $ 15.00 $ 11,700.00 $ 48.00 $ 37,440.00 $ 36.00 $ 28,080.00 $ 45.38 $ 35,396.40 $ 40.00 $ 31,200.00 73 Modify Ex. Electrical Meter Pedestal 1 EA $ 3,500.00 $ 3,500.00 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 1,815.28 $ 1,815.28 $ 1,600.00 $ 1,600.00 74 4” PVC Conduit Sleeve (D) (F) 750 LF $ 20.00 $ 15,000.00 $ 32.00 $ 24,000.00 $ 40.00 $ 30,000.00 $ 56.73 $ 42,547.50 $ 25.00 $ 18,750.00 75 Signing & Striping (D) 1 LS $ 8,190.00 $ 8,190.00 $ 25,000.00 $ 25,000.00 $ 7,010.00 $ 7,010.00 $ 7,953.17 $ 7,953.17 $ 8,000.00 $ 8,000.00 76 Landscape Sleeving (D) (F) 680 LF $ 20.00 $ 13,600.00 $ 35.00 $ 23,800.00 $ 15.00 $ 10,200.00 $ 38.18 $ 25,962.40 $ 30.00 $ 20,400.00 77 Irrigation (D) (F) 1 LS $ 22,380.00 $ 22,380.00 $ 18,000.00 $ 18,000.00 $ 25,000.00 $ 25,000.00 $ 28,363.63 $ 28,363.63 $ 50,000.00 $ 50,000.00 78 Date Palm (16’ BTH) (D) 6 EA $ 7,500.00 $ 45,000.00 $ 4,500.00 $ 27,000.00 $ 3,000.00 $ 18,000.00 $ 3,176.73 $ 19,060.38 $ 5,500.00 $ 33,000.00 79 36” Box Tree (D) 2 EA $ 800.00 $ 1,600.00 $ 1,600.00 $ 3,200.00 $ 950.00 $ 1,900.00 $ 1,021.10 $ 2,042.20 $ 3,000.00 $ 6,000.00 80 5 Gallon Shrubs (D) 37 EA $ 50.00 $ 1,850.00 $ 35.00 $ 1,295.00 $ 24.00 $ 888.00 $ 17.66 $ 653.42 $ 59.00 $ 2,183.00 81 DG Surface Cover (3/8” Desert Gold) (D) 375 SF $ 4.00 $ 1,500.00 $ 4.50 $ 1,687.50 $ 2.00 $ 750.00 $ 4.46 $ 1,672.50 $ 7.00 $ 2,625.00 82 Bench (D) 3 EA $ 1,600.00 $ 4,800.00 $ 1,800.00 $ 5,400.00 $ 2,800.00 $ 8,400.00 $ 3,176.73 $ 9,530.19 $ 3,700.00 $ 11,100.00 83 Bike Rack (D) 2 EA $ 500.00 $ 1,000.00 $ 800.00 $ 1,600.00 $ 700.00 $ 1,400.00 $ 794.19 $ 1,588.38 $ 600.00 $ 1,200.00 84 Trash Receptacle (D) 3 EA $ 1,200.00 $ 3,600.00 $ 1,200.00 $ 3,600.00 $ 1,500.00 $ 4,500.00 $ 1,701.82 $ 5,105.46 $ 1,350.00 $ 4,050.00 85 Sawcut & Remove AC Pavement (D) 420 SF $ 10.00 $ 4,200.00 $ 3.50 $ 1,470.00 $ 2.00 $ 840.00 $ 5.38 $ 2,259.60 $ 10.00 $ 4,200.00 86 Adjust to Grade Gas Valve Frame 1 EA $ 1,500.00 $ 1,500.00 $ 1,100.00 $ 1,100.00 $ 500.00 $ 500.00 $ 1,076.91 $ 1,076.91 $ 650.00 $ 650.00 87 Salvage & Reinstall Fire Backflow Prevention
Device 1 EA $ 7,500.00 $ 7,500.00 $ 3,500.00 $ 3,500.00 $ 12,000.00 $ 12,000.00 $ 28,363.63 $ 28,363.63 $ 1,800.00 $ 1,800.00 88 Relocate Traffic Signal Communication Pull box 1 EA $ 1,500.00 $ 1,500.00 $ 2,400.00 $ 2,400.00 $ 8,000.00 $ 8,000.00 $ 11,005.09 $ 11,005.09 $ 10,000.00 $ 10,000.00 89 Clearing, Grubbing and Removals (D) 1 LS $ 2,420.00 $ 2,420.00 $ 12,000.00 $ 12,000.00 $ 25,000.00 $ 25,000.00 $ 3,403.63 $ 3,403.63 $ 15,000.00 $ 15,000.00 90 F&I 10" DIP Water Pipe & Couplers 10 LF $ 350.00 $ 3,500.00 $ 380.00 $ 3,800.00 $ 500.00 $ 5,000.00 $ 249.60 $ 2,496.00 $ 600.00 $ 6,000.00 91 Asphalt Concrete (5”) (D) 6,976 SF $ 4.00 $ 27,904.00 $ 4.00 $ 27,904.00 $ 4.00 $ 27,904.00 $ 5.67 $ 39,553.92 $ 4.50 $ 31,392.00 92 Class 2 Crushed Misc. Base (D) (F) 195 CY $ 90.00 $ 17,550.00 $ 65.00 $ 12,675.00 $ 85.00 $ 16,575.00 $ 96.44 $ 18,805.80 $ 250.00 $ 48,750.00 93 6” Curb & Gutter over 6” CAB (D) 325 LF $ 50.00 $ 16,250.00 $ 45.00 $ 14,625.00 $ 60.00 $ 19,500.00 $ 65.86 $ 21,404.50 $ 60.00 $ 19,500.00 94 Conc. Cross Gutter (D) 1,187 SF $ 22.00 $ 26,114.00 $ 16.00 $ 18,992.00 $ 20.00 $ 23,740.00 $ 30.31 $ 35,977.97 $ 35.00 $ 41,545.00
Item 29.
Bid Summary
CS Legacy
Pueblo Viejo Sustainable Transportation Project
CITY OF COACHELLA
BID OPENING: December 1, 2021
Engineer's Estimate Desert Concepts Granite Construction LA Engineering 95 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 2,144 SF $ 15.00 $ 32,160.00 $ 9.50 $ 20,368.00 $ 12.00 $ 25,728.00 $ 18.03 $ 38,656.32 $ 14.00 $ 30,016.00 96 Conc. Driveway Pavement (8”) (D) 729 SF $ 25.00 $ 18,225.00 $ 16.00 $ 11,664.00 $ 16.00 $ 11,664.00 $ 28.18 $ 20,543.22 $ 17.00 $ 12,393.00 96A Curb Ramp (D) 2 EA $ 7,500.00 $ 15,000.00 $ 9,500.00 $ 19,000.00 $ 3,000.00 $ 6,000.00 $ 7,353.64 $ 14,707.28 $ 4,000.00 $ 8,000.00 97 Type 15 Street Light (Non Decorative) (LED) (D) 2 EA $ 6,500.00 $ 13,000.00 $ 14,000.00 $ 28,000.00 $ 8,400.00 $ 16,800.00 $ 9,813.82 $ 19,627.64 $ 10,000.00 $ 20,000.00 98 2” PVC Conduit & Conductors (D) (F) 250 LF $ 15.00 $ 3,750.00 $ 48.00 $ 12,000.00 $ 36.00 $ 9,000.00 $ 45.38 $ 11,345.00 $ 40.00 $ 10,000.00 99 Signing & Striping (D) 1 LS $ 2,110.00 $ 2,110.00 $ 15,000.00 $ 15,000.00 $ 1,438.00 $ 1,438.00 $ 1,631.47 $ 1,631.47 $ 1,500.00 $ 1,500.00 100 Landscape Sleeving (D) (F) 58 LF $ 20.00 $ 1,160.00 $ 35.00 $ 2,030.00 $ 15.00 $ 870.00 $ 53.13 $ 3,081.54 $ 75.00 $ 4,350.00 101 Irrigation (D) (F) 1 LS $ 11,016.00 $ 11,016.00 $ 20,000.00 $ 20,000.00 $ 8,500.00 $ 8,500.00 $ 9,643.64 $ 9,643.64 $ 120,000.00 $ 120,000.00 102 Date Palm (16’ BTH) (D) 1 EA $ 7,500.00 $ 7,500.00 $ 4,500.00 $ 4,500.00 $ 3,000.00 $ 3,000.00 $ 3,176.72 $ 3,176.72 $ 6,000.00 $ 6,000.00 103 24” Box Tree (D) 20 EA $ 600.00 $ 12,000.00 $ 1,200.00 $ 24,000.00 $ 500.00 $ 10,000.00 $ 510.55 $ 10,211.00 $ 800.00 $ 16,000.00 104 5 Gallon Shrubs (D) 41 EA $ 50.00 $ 2,050.00 $ 35.00 $ 1,435.00 $ 24.00 $ 984.00 $ 27.23 $ 1,116.43 $ 45.00 $ 1,845.00 105 DG Surface Cover (3/8” Desert Gold) (D) 3,560 SF $ 3.50 $ 12,460.00 $ 4.50 $ 16,020.00 $ 2.00 $ 7,120.00 $ 4.50 $ 16,020.00 $ 6.00 $ 21,360.00 106 Sawcut & Remove AC Pavement (D) 231 SF $ 10.00 $ 2,310.00 $ 3.50 $ 808.50 $ 2.00 $ 462.00 $ 6.58 $ 1,519.98 $ 15.00 $ 3,465.00 107 Remove AC Berm 108 LF $ 5.00 $ 540.00 $ 20.00 $ 2,160.00 $ 5.00 $ 540.00 $ 12.34 $ 1,332.72 $ 16.00 $ 1,728.00 108 6” Curb & Gutter over 6” CAB (D) 108 LF $ 50.00 $ 5,400.00 $ 45.00 $ 4,860.00 $ 60.00 $ 6,480.00 $ 61.78 $ 6,672.24 $ 54.00 $ 5,832.00 109 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 551 SF $ 15.00 $ 8,265.00 $ 9.50 $ 5,234.50 $ 12.00 $ 6,612.00 $ 18.13 $ 9,989.63 $ 15.00 $ 8,265.00 110 Remove Conc. Driveway 128 SF $ 4.00 $ 512.00 $ 4.50 $ 576.00 $ 3.00 $ 384.00 $ 18.48 $ 2,365.44 $ 12.00 $ 1,536.00 111 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 1,696 SF $ 15.00 $ 25,440.00 $ 9.50 $ 16,112.00 $ 12.00 $ 20,352.00 $ 21.86 $ 37,074.56 $ 15.00 $ 25,440.00 112 Conc. Driveway Approach (D) 128 SF $ 20.00 $ 2,560.00 $ 14.00 $ 1,792.00 $ 16.00 $ 2,048.00 $ 37.43 $ 4,791.04 $ 43.00 $ 5,504.00 113 6” Curb over 6” CAB (D) 105 LF $ 40.00 $ 4,200.00 $ 35.00 $ 3,675.00 $ 70.00 $ 7,350.00 $ 74.66 $ 7,839.30 $ 60.00 $ 6,300.00 114 Salvage & Reinstall Sign (D) 2 EA $ 150.00 $ 300.00 $ 150.00 $ 300.00 $ 250.00 $ 500.00 $ 283.64 $ 567.28 $ 500.00 $ 1,000.00 115 Remove Chain Link Fence (F) 1,121 LF $ 3.00 $ 3,363.00 $ 20.00 $ 22,420.00 $ 8.00 $ 8,968.00 $ 6.30 $ 7,062.30 $ 5.00 $ 5,605.00 116 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 2,015 SF $ 15.00 $ 30,225.00 $ 9.50 $ 19,142.50 $ 12.00 $ 24,180.00 $ 19.04 $ 38,365.60 $ 12.00 $ 24,180.00 117 Curb Ramp (D) 1 EA $ 8,000.00 $ 8,000.00 $ 9,500.00 $ 9,500.00 $ 3,000.00 $ 3,000.00 $ 7,353.64 $ 7,353.64 $ 5,000.00 $ 5,000.00 118 Clearing, Grubbing and Removals (D) 1 LS $ 4,970.00 $ 4,970.00 $ 15,000.00 $ 15,000.00 $ 35,000.00 $ 35,000.00 $ 3,403.63 $ 3,403.63 $ 55,000.00 $ 55,000.00 119 Cold Mill AC Pavement (0.10’) (D) 1,761 SF $ 1.50 $ 2,641.50 $ 1.50 $ 2,641.50 $ 1.00 $ 1,761.00 $ 0.68 $ 1,197.48 $ 2.00 $ 3,522.00 120 Asphalt Concrete Overlay (Ave. T=0.15’) 1,761 SF $ 2.50 $ 4,402.50 $ 2.00 $ 3,522.00 $ 4.00 $ 7,044.00 $ 2.61 $ 4,596.21 $ 2.00 $ 3,522.00 121 Mod. Wedge Curb over 6” CAB 48 LF $ 50.00 $ 2,400.00 $ 86.00 $ 4,128.00 $ 65.00 $ 3,120.00 $ 102.45 $ 4,917.60 $ 140.00 $ 6,720.00 122 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 523 SF $ 15.00 $ 7,845.00 $ 9.50 $ 4,968.50 $ 12.00 $ 6,276.00 $ 20.11 $ 10,517.53 $ 13.00 $ 6,799.00 123 Conc. Bikeway over 2” Sand & 10 Mil Plastic 5,517 SF $ 16.00 $ 88,272.00 $ 9.00 $ 49,653.00 $ 12.00 $ 66,204.00 $ 17.76 $ 97,981.92 $ 16.00 $ 88,272.00 124 Conc. Driveway Approach (D) 515 SF $ 9.00 $ 4,635.00 $ 14.00 $ 7,210.00 $ 16.00 $ 8,240.00 $ 30.53 $ 15,722.95 $ 18.00 $ 9,270.00 125 Furnish & Install Metal Bollard 2 EA $ 250.00 $ 500.00 $ 900.00 $ 1,800.00 $ 1,500.00 $ 3,000.00 $ 3,403.64 $ 6,807.28 $ 750.00 $ 1,500.00 126 Decorative Street Light (D) 1 EA $ 10,200.00 $ 10,200.00 $ 12,000.00 $ 12,000.00 $ 14,458.00 $ 14,458.00 $ 17,886.11 $ 17,886.11 $ 16,000.00 $ 16,000.00
Item 29.
Bid Summary
CS Legacy
Pueblo Viejo Sustainable Transportation Project
CITY OF COACHELLA
BID OPENING: December 1, 2021
Engineer's Estimate Desert Concepts Granite Construction LA Engineering 126A Decorative Single Post Top Light (D) 4 EA $ 9,000.00 $ 36,000.00 $ 9,000.00 $ 36,000.00 $ 9,100.00 $ 36,400.00 $ 11,629.09 $ 46,516.36 $ 10,500.00 $ 42,000.00 127 Decorative Bollard Light w/ Receptacle 5 EA $ 5,500.00 $ 27,500.00 $ 4,000.00 $ 20,000.00 $ 3,500.00 $ 17,500.00 $ 3,931.20 $ 19,656.00 $ 4,000.00 $ 20,000.00 128 2” PVC Conduit & Conductors (D) (F) 560 LF $ 15.00 $ 8,400.00 $ 48.00 $ 26,880.00 $ 36.00 $ 20,160.00 $ 45.38 $ 25,412.80 $ 40.00 $ 22,400.00 129 Pull Box No. 3.5 (PCC) (D) 10 EA $ 450.00 $ 4,500.00 $ 600.00 $ 6,000.00 $ 485.00 $ 4,850.00 $ 737.45 $ 7,374.50 $ 700.00 $ 7,000.00 130 Meter Pedestal (Paseo Lighting) (200A) 1 EA $ 5,200.00 $ 5,200.00 $ 5,000.00 $ 5,000.00 $ 11,000.00 $ 11,000.00 $ 5,105.46 $ 5,105.46 $ 5,000.00 $ 5,000.00 131 Transformer Pad (Single Phase) per IID Standard 1 EA $ 2,000.00 $ 2,000.00 $ 10,000.00 $ 10,000.00 $ 9,500.00 $ 9,500.00 $ 11,912.72 $ 11,912.72 $ 12,000.00 $ 12,000.00 132 F&I Street Sign 2 EA $ 650.00 $ 1,300.00 $ 450.00 $ 900.00 $ 650.00 $ 1,300.00 $ 794.19 $ 1,588.38 $ 1,200.00 $ 2,400.00 133 Landscape Sleeving (D) (F) 35 LF $ 20.00 $ 700.00 $ 35.00 $ 1,225.00 $ 15.00 $ 525.00 $ 55.11 $ 1,928.85 $ 60.00 $ 2,100.00 134 Irrigation (D) (F) 1 LS $ 56,695.00 $ 56,695.00 $ 33,750.00 $ 33,750.00 $ 38,000.00 $ 38,000.00 $ 41,978.18 $ 41,978.18 $ 33,000.00 $ 33,000.00 135 Date Palm (16’ BTH) (D) 1 EA $ 7,500.00 $ 7,500.00 $ 4,500.00 $ 4,500.00 $ 3,000.00 $ 3,000.00 $ 3,176.72 $ 3,176.72 $ 6,000.00 $ 6,000.00 136 24” Box Tree (D) 21 EA $ 600.00 $ 12,600.00 $ 1,200.00 $ 25,200.00 $ 500.00 $ 10,500.00 $ 510.55 $ 10,721.55 $ 300.00 $ 6,300.00 137 5 Gallon Shrubs (D) 116 EA $ 50.00 $ 5,800.00 $ 35.00 $ 4,060.00 $ 24.00 $ 2,784.00 $ 27.23 $ 3,158.68 $ 35.00 $ 4,060.00 138 DG Surface Cover (3/8” Desert Gold) (D) 30,100 SF $ 3.50 $ 105,350.00 $ 4.50 $ 135,450.00 $ 2.00 $ 60,200.00 $ 3.75 $ 112,875.00 $ 4.00 $ 120,400.00 139 Bench (D) 2 EA $ 1,500.00 $ 3,000.00 $ 1,800.00 $ 3,600.00 $ 2,800.00 $ 5,600.00 $ 3,176.73 $ 6,353.46 $ 2,700.00 $ 5,400.00 140 Trash Receptacle (D) 1 EA $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,500.00 $ 1,500.00 $ 1,701.82 $ 1,701.82 $ 1,400.00 $ 1,400.00 141 Bike Lane Detail “A” (Biker Symbol, “BIKE LANE”
& Arrow 35 EA $ 600.00 $ 21,000.00 $ 275.00 $ 9,625.00 $ 125.00 $ 4,375.00 $ 141.82 $ 4,963.70 $ 130.00 $ 4,550.00 142 Bike Lane Detail “B” (Biker w/ Double Chevron)
w/ Green MMAX Background 29 EA $ 300.00 $ 8,700.00 $ 450.00 $ 13,050.00 $ 250.00 $ 7,250.00 $ 283.64 $ 8,225.56 $ 260.00 $ 7,540.00 143 4” Solid White Line (Paint) (Det 27B) (F) 9,910 LF $ 2.00 $ 19,820.00 $ 3.25 $ 32,207.50 $ 0.50 $ 4,955.00 $ 0.57 $ 5,648.70 $ 0.50 $ 4,955.00 144 6” Solid White Line (Paint) (Det 39) (F) 8,780 LF $ 2.20 $ 19,316.00 $ 3.75 $ 32,925.00 $ 0.60 $ 5,268.00 $ 0.68 $ 5,970.40 $ 0.60 $ 5,268.00 145 6” Skip White Line (Paint) (Det 39A) (Painted
Length) (F) 470 LF $ 2.20 $ 1,034.00 $ 3.75 $ 1,762.50 $ 0.40 $ 188.00 $ 0.45 $ 211.50 $ 0.40 $ 188.00 146 Clearing, Grubbing and Removals (D) 1 LS $ 5,500.00 $ 5,500.00 $ 4,000.00 $ 4,000.00 $ 15,000.00 $ 15,000.00 $ 2,836.36 $ 2,836.36 $ 10,000.00 $ 10,000.00 147 Interlocking Pavers (Pedestrian) (D) 585 SF $ 22.00 $ 12,870.00 $ 18.00 $ 10,530.00 $ 24.00 $ 14,040.00 $ 25.67 $ 15,016.95 $ 60.00 $ 35,100.00 148 Shade Structure 1 LS $ 55,000.00 $ 55,000.00 $ 68,000.00 $ 68,000.00 $ 65,000.00 $ 65,000.00 $ 69,561.02 $ 69,561.02 $ 55,000.00 $ 55,000.00 149 Picnic Table 2 EA $ 2,000.00 $ 4,000.00 $ 3,500.00 $ 7,000.00 $ 4,000.00 $ 8,000.00 $ 4,538.18 $ 9,076.36 $ 4,900.00 $ 9,800.00 150 Trash Receptacle (D) 1 EA $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,500.00 $ 1,500.00 $ 1,701.82 $ 1,701.82 $ 1,350.00 $ 1,350.00 151 Bike Rack (D) 1 EA $ 500.00 $ 500.00 $ 800.00 $ 800.00 $ 700.00 $ 700.00 $ 794.18 $ 794.18 $ 600.00 $ 600.00 152 Dry Utility Trenching (F) 1,260 LF $ 165.00 $ 207,900.00 $ 35.00 $ 44,100.00 $ 80.00 $ 100,800.00 $ 170.18 $ 214,426.80 $ 160.00 $ 201,600.00 153 4” Sch. 40 PVC, IID Conduit (F) 560 LF $ 15.00 $ 8,400.00 $ 14.00 $ 7,840.00 $ 45.00 $ 25,200.00 $ 56.73 $ 31,768.80 $ 60.00 $ 33,600.00 154 5” Sch. 40 PVC, IID Conduit (F) 2,310 LF $ 17.00 $ 39,270.00 $ 17.00 $ 39,270.00 $ 45.00 $ 103,950.00 $ 31.77 $ 73,388.70 $ 30.00 $ 69,300.00 155 6” Sch. 40 PVC, IID Conduit (F) 1,970 LF $ 20.00 $ 39,400.00 $ 20.00 $ 39,400.00 $ 50.00 $ 98,500.00 $ 34.04 $ 67,058.80 $ 55.00 $ 108,350.00 156 5” Sch. 80 PVC Riser 4 EA $ 1,200.00 $ 4,800.00 $ 1,200.00 $ 4,800.00 $ 1,500.00 $ 6,000.00 $ 2,765.46 $ 11,061.84 $ 2,000.00 $ 8,000.00
Item 29.
Bid Summary
CS Legacy
Pueblo Viejo Sustainable Transportation Project
CITY OF COACHELLA
BID OPENING: December 1, 2021
Engineer's Estimate Desert Concepts Granite Construction LA Engineering 157 6” Sch. 80 PVC Riser 4 EA $ 1,200.00 $ 4,800.00 $ 1,500.00 $ 6,000.00 $ 1,500.00 $ 6,000.00 $ 2,456.29 $ 9,825.16 $ 2,000.00 $ 8,000.00 158 Transformer Pad (3 Phase) per IID Standard 1 EA $ 12,000.00 $ 12,000.00 $ 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 $ 13,614.54 $ 13,614.54 $ 13,000.00 $ 13,000.00 159 Sector Vault Per IID Standard 1 EA $ 13,000.00 $ 13,000.00 $ 25,000.00 $ 25,000.00 $ 20,000.00 $ 20,000.00 $ 9,076.36 $ 9,076.36 $ 9,000.00 $ 9,000.00 Add Alternative A $ 2,775,053.00 $ 2,898,161.00 $ 3,414,911.73 $ 4,132,257.40 160 Remove Fence, Posts & Footing (F) 120 LF $ 35.00 $ 4,200.00 $ 35.00 $ 4,200.00 $ 6.00 $ 720.00 $ 10.26 $ 1,231.20 $ 20.00 $ 2,400.00 161 6’ Tall Garden Wall (Precision Block) (Sand) 392 LF $ 275.00 $ 107,800.00 $ 195.00 $ 76,440.00 $ 180.00 $ 70,560.00 $ 507.81 $ 199,061.52 $ 150.00 $ 58,800.00 162 6’ Tall Garden Wall (Split Face) (La Paz) 96 LF $ 275.00 $ 26,400.00 $ 220.00 $ 21,120.00 $ 180.00 $ 17,280.00 $ 564.54 $ 54,195.84 $ 155.00 $ 14,880.00 Add Alternative B
163 Sawcut & Remove AC Pavement (D) 1,840 SF $ 10.00 $ 18,400.00 $ 3.50 $ 6,440.00 $ 2.00 $ 3,680.00 $ 5.73 $ 10,543.20 $ 4.00 $ 7,360.00 164 Clearing, Grubbing and Removals (D) 1 LS $ 7,100.00 $ 7,100.00 $ 7,000.00 $ 7,000.00 $ 5,000.00 $ 5,000.00 $ 3,403.63 $ 3,403.63 $ 15,000.00 $ 15,000.00 165 Cold Mill AC Pavement (0.10’) (D) 7,996 SF $ 1.50 $ 11,994.00 $ 1.50 $ 11,994.00 $ 1.00 $ 7,996.00 $ 0.68 $ 5,437.28 $ 0.60 $ 4,797.60 166 Asphalt Concrete Overlay (Ave. T=0.20’) 7,996 SF $ 3.00 $ 23,988.00 $ 2.50 $ 19,990.00 $ 4.00 $ 31,984.00 $ 2.61 $ 20,869.56 $ 2.00 $ 15,992.00 167 6” Curb & Gutter over 6” CAB (D) 368 LF $ 50.00 $ 18,400.00 $ 45.00 $ 16,560.00 $ 60.00 $ 22,080.00 $ 70.77 $ 26,043.36 $ 50.00 $ 18,400.00 168 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 1,950 SF $ 12.00 $ 23,400.00 $ 9.50 $ 18,525.00 $ 12.00 $ 23,400.00 $ 19.64 $ 38,298.00 $ 9.00 $ 17,550.00 169 Conc. Driveway Approach 918 SF $ 9.00 $ 8,262.00 $ 14.00 $ 12,852.00 $ 16.00 $ 14,688.00 $ 27.60 $ 25,336.80 $ 15.00 $ 13,770.00 170 Conc. Cross Gutter (D) 480 SF $ 22.00 $ 10,560.00 $ 16.00 $ 7,680.00 $ 20.00 $ 9,600.00 $ 52.74 $ 25,315.20 $ 20.00 $ 9,600.00 171 Curb Ramp 3 EA $ 8,000.00 $ 24,000.00 $ 4,500.00 $ 13,500.00 $ 3,000.00 $ 9,000.00 $ 7,298.04 $ 21,894.12 $ 4,000.00 $ 12,000.00 172 Salvage & Reinstall Mailbox (D) 2 EA $ 450.00 $ 900.00 $ 500.00 $ 1,000.00 $ 1,200.00 $ 2,400.00 $ 1,078.44 $ 2,156.88 $ 1,000.00 $ 2,000.00 173 Signing & Striping (D) 1 LS $ 2,800.00 $ 2,800.00 $ 13,500.00 $ 13,500.00 $ 13,062.00 $ 13,062.00 $ 14,819.43 $ 14,819.43 $ 5,000.00 $ 5,000.00 Add Alternative C
174 Sawcut & Remove AC Pavement (D) 1,735 SF $ 10.00 $ 17,350.00 $ 3.50 $ 6,072.50 $ 2.00 $ 3,470.00 $ 5.60 $ 9,716.00 $ 3.00 $ 5,205.00 175 Asphalt Concrete (5”) (D) 2,078 SF $ 4.00 $ 8,312.00 $ 4.00 $ 8,312.00 $ 4.00 $ 8,312.00 $ 9.64 $ 20,031.92 $ 6.00 $ 12,468.00 176 Class 2 Crushed Misc. Base (D) (F) 58 CY $ 90.00 $ 5,220.00 $ 65.00 $ 3,770.00 $ 85.00 $ 4,930.00 $ 186.07 $ 10,792.06 $ 150.00 $ 8,700.00 177 6” Curb & Gutter (D) over 6” CAB 408 LF $ 50.00 $ 20,400.00 $ 45.00 $ 18,360.00 $ 60.00 $ 24,480.00 $ 75.73 $ 30,897.84 $ 40.00 $ 16,320.00 178 Conc. Sidewalk over 2” Sand & 10 Mil Plastic (D) 2,240 SF $ 15.00 $ 33,600.00 $ 9.50 $ 21,280.00 $ 12.00 $ 26,880.00 $ 18.50 $ 41,440.00 $ 10.00 $ 22,400.00 179 Curb Ramp (D) 1 EA $ 8,500.00 $ 8,500.00 $ 9,500.00 $ 9,500.00 $ 3,000.00 $ 3,000.00 $ 7,353.64 $ 7,353.64 $ 4,000.00 $ 4,000.00 180 Signing & Striping (D) 1 LS $ 3,200.00 $ 3,200.00 $ 10,000.00 $ 10,000.00 $ 1,340.00 $ 1,340.00 $ 1,520.29 $ 1,520.29 $ 1,000.00 $ 1,000.00 Sub-Total: $ 3,279,916.50 $ 3,083,148.50 $ 3,202,023.00 $ 3,985,269.50 $ 4,399,900.00 Contingency $ 327,991.65 $ 308,314.85 $ 320,202.30 $ 398,526.95 $ 439,990.00 Grand Total $ 3,607,908.15 $ 3,391,463.35 $ 3,522,225.30 $ 4,383,796.45 $ 4,839,890.00 Indicates Staff Correction of the math
Indicates Apparent Low Bidder
Item 29.
Pueblo Viejo Sustainable Transportation Project -57- CONTRACT FOR CONSTRUCTION
CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. ________, is made and entered into this ____ day of _______, ______, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and _______________________________________________, sometimes hereinafter called “Contractor.”
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:
PUEBLO VIEJO SUSTAINABLE TRANSPORTATION PROJECT
CITY PROJECT NO. ST-130
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 120 Working 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 Three Million Eighty Three Thousand One Hundred Forty-Eight Dollars and Fifty Cents ($3,083,148.50). Payment shall be made as set forth in the General Conditions. 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 $1,500.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages
Item 29.
Pueblo Viejo Sustainable Transportation Project -58- CONTRACT FOR CONSTRUCTION and not as a penalty or forfeiture. Additionally, the Contractor will pay the City the sum of $6,500.00 for each and every Calendar Day specifically for the interim completion of 6th Street, west of Tripoli Way to Date Avenue. 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
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
Item 29.
Pueblo Viejo Sustainable Transportation Project -59- CONTRACT FOR CONSTRUCTION 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.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item 29.
Pueblo Viejo Sustainable Transportation Project -60- CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF COACHELLA
By:
Gabriel Martin
City Manager
ATTEST:
By:
Andrea Carranza
City Clerk
APPROVED AS TO FORM:
By:
Carlos Campos
City Attorney
DESERT CONCEPTS CONSTRUCTION,
INC.
By:
Its:
Printed
Name:
By:
Its:
Printed
Name:
__849837_______________________
Contractor’s License Number and
Classification
___1000006619___________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
Item 29.
Pueblo Viejo Sustainable Transportation Project -61- CONTRACT FOR CONSTRUCTION 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
Item 29.
Pueblo Viejo Sustainable Transportation Project -62-
PERFORMANCE BOND
BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, California 92236, (hereinafter referred to as the “City”) has been awarded to Desert Concepts Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for Pueblo Viejo Sustainable Transportation Project, City Project No. ST-130, (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 ________________, (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, ______________________, 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 Three million Eighty-Three Thousand One Hundred Forty-Eight DOLLARS and Fifty Cents, ($3,083,148.50), 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 (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, 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 the City in enforcing such obligation.
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 the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
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
Item 29.
Pueblo Viejo Sustainable Transportation Project -63-
PERFORMANCE BOND
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:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. 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.
iii. Permit the 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 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 Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item 29.
Pueblo Viejo Sustainable Transportation Project -64-
PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(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)
Item 29.
Pueblo Viejo Sustainable Transportation Project -65-
PERFORMANCE BOND
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
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Item 29.
Pueblo Viejo Sustainable Transportation Project -66-
PERFORMANCE BOND
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
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.
END OF PERFORMANCE BOND
Item 29.
Pueblo Viejo Sustainable Transportation Project -67-
PERFORMANCE BOND
Payment Bond (Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella, a municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed on _______Date___________ , 202_, has been awarded to Desert Concepts Construction, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Pueblo Viejo Sustainable Transportation Project, City Project No. ST-130 (the “Project”); and
WHEREAS, the work to be performed by the Contractor 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, 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 Three Million Eighty Three Thousand One Hundred Forty-Eight Dollars and Fifty Cents ($3,083,148.50) 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 Civil Code Section 9100, 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 Revenue and Taxation Code Section 18663, 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 the 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 Civil Code Section 9100 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
Item 29.
Pueblo Viejo Sustainable Transportation Project -68-
PERFORMANCE BOND
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 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 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 the 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 Civil Code Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract 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 Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Item 29.
Pueblo Viejo Sustainable Transportation Project -69-
PERFORMANCE BOND
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
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Item 29.
Pueblo Viejo Sustainable Transportation Project -70-
PERFORMANCE BOND
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
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.
END OF PAYMENT BOND
Item 29.
STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Jacob Alvarez, Assistant to the City Manager
SUBJECT: Approve Lease Agreement with Coachella General for the City owned former Chamber of Commerce Building located at 1258 Sixth Street in the Downtown Pueblo Viejo District
STAFF RECOMMENDATION:
That the City Council approve the City Manager to execute a lease agreement between the City of Coachella and Coachella General (Teddy Lee) for the 722 sq.ft. former Chamber of Commerce Building located at 1258 Sixth Street in the Downtown Pueblo Viejo District and that the City Attorney can approve any minor changes to the lease agreement prior to its execution.
BACKGROUND:
On February 6, 2020, the City of Coachella Economic Development/Planning Subcommittee supported repurposing the vacant former Coachella Chamber of Commerce Building. The repurposing would be issuing a Request for Proposal (RFP) similar to that of the Utility Billing Building located at City Hall.
On September 16, 2021, the City of Coachella Economic Development Department issued a Request for Proposals (RFP) to solicit well-qualified business entities the opportunity to operate a 722 sq.ft. restaurant/retail business in the former Coachella Chamber of Commerce Building located in the Downtown Pueblo Viejo District. The objective was to provide a unique destination restaurant/café with a distinctive menu and experience that will cater to visitors of the Downtown Pueblo Viejo District and draw people to the area for a memorable experience. The RFP also provided economic development incentives to the well-qualified business in order to assist with startup costs. The deadline for proposals was October 21, 2021.
As a result, the City only received 2 proposals and staff decided to provide an addendum extending the deadline to December 14th.
Staff reviewed and evaluated the 6 proposals that the City received and identified Teddy Lee and Steve Garcia’s Coachella General as the best proposal based on the RFP requirements, conceptual design, marketing, customer service, related business experience and capital investment.
Item 30.
Coachella General will be a multi-purpose space, utilizing both its indoor and outdoor spaces.
Firstly, Coachella General will serve as a tap-room, serving wine, beer, and small bites, as well as housing a coffee roastery. Coachella General will be the first public coffee roaster in Coachella. Secondarily, Coachella General will host various activities in its large rear yard. Such activities include food truck vendors, farmers’ markets, dry goods markets, and a place for eating, drinking, and gathering for the community. Additional information about the Coachella General business is available under Exhibit 3.
DISCUSSION/ANALYSIS:
The proposed lease agreement will allow the Coachella General to function on an annual basis and provide economic development incentives that will allow for a successful start-up. The Lessee will be responsible for all tenant improvements; however, will be subsidized by the City with a reduced lease rate until the cost of the tenant improvements is recovered. The City will also waive all permitting/planning fees for the first year of operation. The lease rate will be $1.00/square foot, which shall equal to a $722/monthly payment to the City, once the cost of the tenant improvements are recovered.
FISCAL IMPACT:
If the City Council approves the staff recommendation, the lease agreement will yield annual revenue of $8,664.00 plus sales tax revenue, while providing a much-needed amenity to the Downtown Pueblo Viejo District.
EXHIBIT(S):
1) RFP- Former Coachella Chamber of Commerce Building Lease – Includes - Exhibit C of RFP (pg13)- Draft Lease Agreement
2) RFP Addendum #1
3) Coachella General Business Proposal
Item 30.
Site Address:
1258 Sixth Street
Coachella, CA 92236
Issued: Thursday, September 16, 2021
Proposals Due: Thursday, October 21, 2021 at 3pm
Request for Proposals
City of Coachella
Former Chamber of Commerce
Building Lease
Item 30.
1 Table of Contents
Section Page
I. Introduction 2
II. Invitation to Propose 2
III. Former Chamber of Commerce Building Description 3
IV. Goal/Objectives 3
V. Proposal Requirements 5
VI. Lease Terms and Economic Development Incentives 7
VII. Instructions and Schedule for Submitting of Proposals 7 VIII. RFP Inquires 8
IX. Public Records 8
X. Evaluation Process and Selection Criteria 8
Exhibit “A” – Site Map 10
Exhibit “B” – Site Pictures 11
Exhibit “C” – Lease Agreement Template 14
Item 30.
2 I. Introduction
The City of Coachella is known as the “City of Eternal Sunshine” and the “Gateway to the Salton Sea”, and along with its largely young, rural and family oriented demographics makes it one of the most appealing and up-and-coming areas in Southern California and the County of Riverside. The City of Coachella was incorporated on December 13, 1946. According to the 2010 U.S. Census and Southern California Association of Governments (SCAG), the City of Coachella has a population of over 46,000 people with forecasting numbers that indicate a population of 135,000 by 2035, making it the 2nd largest city in the Coachella Valley. The City has over 29 square miles of mix use zoning opportunities, such as agriculture, commercial retail, industrial and housing. This culturally rich and family oriented City has a median age of 24.5 years old with an average family size of
4.57/household.
II. Invitation to Propose
The City of Coachella is pleased to offer an exciting economic development opportunity for a well‐qualified business entity to operate within the 722 square foot Former Chamber of Commerce building located at 1258 Sixth Street in the Downtown Pueblo Viejo District (APN: 778-110-003-7).
Qualified proposals must demonstrate experience, and knowledge of restaurant/retail business operations—including financing, marketing, design, leasing, management and oversight. It is further expected that proposals will be based on a thorough understanding of existing and future business market conditions and trends and that final proposals will contain realistic financial projections.
Item 30.
3 III. Former Chamber of Commerce Building Description
The existing 722 square foot building is on 0.14 acres (6,098 square feet) and is in the CG (Commercial General) Zone, please see site map and site pictures (Exhibit “A” and “B”). The project site has existing separate utility connections.
IV. Goals/Objectives
The goals/objective of this Request for Proposals (RFP) is to award a long term lease to tenant who will accomplish the following:
Provide a unique destination restaurant and/or related retail operation with a distinctive menu/experience that will cater to visitors of the Downtown Pueblo Viejo District and draw people to the area for a memorable experience;
Develop a creative façade and tenant improvement design that utilizes the current amenities of the City Hall campus;
Maximize foot traffic through featured menu items, service, ambiance, and special events marketing;
Item 30.
4 Assess, provide, and install all necessary furnishings and equipment in order to create an attractive and inviting destination;
Implement quality marketing and advertising campaign; and Work in a collaborative effort with the City to incorporate to the vision of a walkable and sustainable Downtown Pueblo Viejo District and ensure an optimum experience for those going to the new City Library, expanded Senior Center, City Hall, new County DPSS Building, new Palm View Elementary and the surrounding community.
Furthermore, the proposed restaurant/retail development will promote public enjoyment, provide job opportunities for local residents, and complement the Downtown Pueblo Viejo Implementation Plan (”Plan). (Please note the Plan is available on the website - https://www.coachella.org/departments/pueblo-viejorevitalization-plan) Eligible Projects:
Restaurant/Café/Deli – (Diverse Food Menu Preferred)
Bar/Saloon
Retail Store (Non-Cannabis)
Business/Sales Tax Generating Incubator
Art Gallery
Ineligible Projects:
Visitor Center
Non-Profit Organization
Church
Dispensary
Item 30.
5 V. Proposal Requirements
Interested parties shall submit written proposals that contain the following essential elements:
A. Conceptual: Please describe in detail the business concept being proposed and how it will fit into the Downtown Pueblo Viejo District and compliment the culture and quality of life. Provide preliminary plans, sections, diagrams and elevations in sufficient detail showing the manner in which proposer plans to develop the premises as follows:
Floor plans of space showing proposed uses, layout, circulation and utilities.
Proposed integration with the Downtown Pueblo Viejo District Design Guidelines, on City website
https://www.coachella.org/departments/pueblo-viejo-revitalization-plan. One or more architectural rendering(s) of business indicating layout of space, general color scheme, style of furniture, fixtures, materials to be used for flooring, walls and lighting.
For all products, please include quality grade, brand names and anticipated costs.
B. Business Plan, Marketing and Customer Service: Please describe the business and marketing plan proposed for use in operations, with an emphasis on measures designed to obtain maximum patronage during peak and non‐peak periods. Please include any market study analysis or Pro Forma statements that will illustrate the viability, sustainability and importance of proposed business:
Describe customer service objectives for the business, specifically employee training and retention programs to support and meet objectives.
Menu (if applicable): include a copy of the proposed menu for the restaurant Menu: include a copy of the proposed menu for the restaurant food/beverage and any associated merchandise being proposed, which includes non‐alcoholic and alcoholic beverages indicating as applicable portion size, suggested price, and name brands.
Item 30.
6 Hours: provide proposed days and hours of operation for the proposed business.
C. Project Team (Proposer): Please describe a brief history and experience of the proposer and their team:
Operational: submit sufficient information to allow the City to evaluate the management structure and operating program of the proposed business concept.
Business operations: describe current business operations. Please note that City staff may elect to perform a site visit to review/confirm current business conditions
Minimum Qualifications: provide evidence that the proposer has experience in business administration and be able to show progressive quality management of similar types of business for the past five (5) years.
References: provide references to evidence the minimum experience requirements, including the name of the operation, address, contact person, telephone number, and annual gross sales generated.
Management Structure: describe the management structure to be employed in the operation of the business. Please include a job description for the on‐site manager, include the number of employees and a proposed daily schedule to deliver good customer service during the proposed hours of operation.
Insurance Coverage: provide evidence that the proposer has the ability to obtain the necessary insurance required for the operation of the proposed business. Acceptable evidence includes letters from the proposer’s insurance company dated no earlier than two weeks before the submittal deadline date and signed by an officer of the insurance and security provider.
D. Capital Investment: Please provide the cost for interior construction, finishes, furnishings, fixtures, trade equipment, and architectural and engineering fees and the proposed method of financing, such as small business loan, micro-loan, saving account, etc. The applicant will be responsible for ALL tenant improvements and obtaining all the necessary permits. Please note that the City has pre-existing utility connections that
Item 30.
7 will be changed to the new tenant once the Lease Agreement has been executed.
E. Art Mural: The building currently has one (1) unsanctioned art mural installation that will not be required at the current location. The tenant will be allowed to remove the art mural.
VI. Lease Terms and Economic Development Incentives
Multiple City incentives will be available to the selected restaurant/retail space operator which include, but are not limited to:
Fast Track Permitting Assistance/Ombudsman Service: The City’s Economic Development team will assist with expediting the permit approval process and will monitor the permit application through the development review and approval process. Furthermore, the Economic Development team will provide personalized ombudsman assistance which simplifies the process of navigating City departments and processes. All tenant improvement application and inspection fees will be waived.
City will subsidize the lease rate with potential tenant until the full cost of their tenant improvements has been recovered – 3 years maximum. Lease Rate will be $1.00/square foot after cost of tenant improvements have been recovered or 3 years have passed, which ever one if first. Lease Term – 3 years maximum (with an opportunity to renew).
VII. Instructions and Schedule for Submitting of Proposals The City shall not be liable for any expenses incurred by any proposer in relation to the preparation or submittal of Proposals. Expenses include, but are not limited to, expenses by proposer in: preparing a Proposal or related information in response to RFP; negotiations with City on any matter related to this RFP; and costs associated with interviews, meetings, travel or presentations. Additionally, City shall not be liable for expenses incurred as a result of City’s rejection of any Proposals made in response to this RFP.
Proposals are due before 3:00 PM on October 21, 2021. This time and date is fixed and extensions will not be granted. The City does not recognize the U. S. Postal Service, its postmarks or any other organization as its agent for purposes of dating
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8 the Proposal. All Proposals received after the deadline shown will be rejected, returned to sender and will not receive further consideration. Furthermore, the City reserves the right to reject any and all Proposals and to waive information and minor irregularities in any Proposal received.
Below is the anticipated schedule:
Advertisement/Marketing of RFP: September 16th – October 21st Site visit: September 30th 9am located at 1258 Sixth Street, Coachella Review of Proposals: October 25th – October 28th
Staff Report and Lease Agreement uploaded to agenda: November 4th City Council approval: November 10th
Mail, hand‐deliver or e-mail Proposal to:
Attn: Jacob Alvarez
City of Coachella Economic Development Department
53990 Enterprise Way, Coachella, CA 92236
E-mail: [email protected]
VIII. RFP Inquires
All questions and clarifications must be submitted by email to Jacob Alvarez, Assistant to the City Manager, at [email protected] no later than Thursday, October 7 at 3pm. The questions and answers will be posted to the City’s website RFP announcement.
IX. Public Records
All proposals submitted in response to this RFP become property of the City and under the Public Records Act (Government Code § 6250 et. seq.) are public records, and as such may be subject to public review at least ten (10) days before selection and award.
If a proposer claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified in the Proposal. Personal information should be labeled as confidential and will remain so. Note under California law, a price proposal to a public agency is not a trade secret.
X. Evaluation Process and Selection Criteria
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9 The City will conduct the selection process. The City is the final decision‐maker regarding this selection, and it reserves the right to reject any or all responses or to terminate development negotiations at any time. The City reserves the right to request clarification or additional information from individual respondents and to request some or all respondents to make presentations to City staff, community groups, or others.
As part of the evaluation process, the City expects to interview some, but not necessarily all, of the parties submitting proposals.
The intent of the RFP step of this selection process is to identify qualified parties interested in operating and maintaining a full‐service business and related amenities within the Downtown Pueblo Viejo District. The selection of a qualified proposer will be based generally upon his/her experience in the retail/restaurant business industry and ability to demonstrate progressive quality business management practices for over a five (5) year period, including the quality of the proposed business and capacity to carry out the business development in a carefully and coordinated manner with the full collaboration of the City.
The proposal will be evaluated based upon the following criteria:
Selection Criteria – Chamber of Commerce Building Proposed Business Score:
Benefit of Proposed Business to the Downtown Pueblo Viejo District
30 Strength of Business Team and Management Experience 25 Financial Strength & Capital Accessibility 20
Quality of Proposed Business Plan 15
Conceptual Rendering and Floor Plan 10
TOTAL: 100
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10 Exhibit “A”
Site Map
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11 Exhibit “B”
Site Pictures
Outside:
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12 Inside:
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13 Exhibit “C”
Lease Agreement Template - DRAFT
LEASE AGREEMENT
BETWEEN THE CITY OF COACHELLA AND
LESSEE FOR RETAIL SPACE
THIS LEASE AGREEMENT (the "Lease") is made as of November XX, 2021 by and between THE CITY OF COACHELLA, a California municipal corporation (the "Lessor"), and ENTITY NAME, a private entity (the "Lessee"), with reference to the following facts:
RECITALS
A. The City owns a 722 square foot, Chamber of Commerce building, located at 1258 Sixth Street, Coachella, CA 92236, which is described in Exhibit “A” (the “Leased Premises”); and
B. Lessee desires to lease all 722 square feet in the Leased Premises from the City for retail space and programming use; and
C. City already has relocated the Coachella Chamber of Commerce to a wing in the City Hall Building, previously held by City Administration; and
D. Lessee will be responsible for all tenant improvements and utility services; and E. Lessee is eligible for all Economic Development Incentives provided in Section 5 of this agreement and approved by the Economic Development/Planning Sub-Committee on Month XX, 2021; and
F. Lessor will not be liable or responsible for any damage or injury occurring on the Leased Premises; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
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14 AGREEMENT
1. Recitals. Lessor and Lessee acknowledge the Recitals set forth above which are incorporated herein by this reference together with the Exhibits attached hereto.
2. Leasehold. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental and upon the conditions set forth herein. Lessee accepts the Premises, including the appurtenant improvements, structures, and facilities, if any, in "AS IS" condition.
3. Premises. The Premises described in Exhibit "A" amounts to an area of approximately 722 square feet. Upon execution of this Lease, Lessor grants to Lessee the right to survey the Premises (the "Survey") and such Survey, if performed, shall replace Exhibit "B" as the description of the Premise
4. Term of Lease.
a) The original term of the Lease shall be for a three (3) year period commencing on Month XX, 2021 and terminating on Month XX, 2024 (the "Term"). b) During the Term of this Lease, Lessee shall pay to Lessor as rent the sum of Five Hundred Five Dollars ($722.00) per month, once all the costs of the tenant improvements have been recovered by the Lessee. In no event will the City cover costs of tenant improvements in excess of total rents.
c) The annual rent will be paid by the Lessee to the Lessor in advance of the 27th day of each month and continuing throughout the term of this Lease. d) Where to Pay Rent. All rent shall be paid to Lessor at the address specified below in Section 19.
5. Economic Development Incentives.
a) Fast Track Permitting Assistance/Ombudsman Service: The City’s Economic Development team will assist with expediting the permit approval process and will monitor the permit application through the development review and approval process. Furthermore, the Economic Development team will provide personalized ombudsman assistance which simplifies the process of navigating City departments and processes.
b) All tenant improvement application and inspection fees will be waived.
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15 c) City will subsidize the lease rate with Lessee until the full cost of their tenant improvements has been recovered – three (3) years maximum. d) Lease Rate will be $1.00/square foot after cost of tenant improvements have been recovered.
e) Lease Term – 3 years maximum (with an opportunity to renew).
6. Utilities, Maintenance and Insurance.
a) Utilities. Lessee shall make all arrangements for and shall pay for all utilities and services furnished to the Premises or used by Lessee on the Premises, including, without limitation: electricity, water, sewer, internet and trash removal services. Lessee shall pay for any and all charges for establishment or connection of utility services to the Premises.
b) Maintenance. Lessor shall provide all maintenance and repairs, at Lessor’s sole cost and expense, to keep the Premises in good order and condition, including, without limitation, weed abatement, fencing, all improvements existing at the commencement of this Lease, and any improvements approved by the Lessor to be constructed and/or installed by the Lessee during the term of this Lease.
c) Insurance. All insurance carried by Lessee shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. Lessee shall carry and maintain, during the entire term hereof, at Lessee's sole cost and expense, the following types of insurance in the amounts specified and in the form provided for in this section:
i. Public Liability and Property Damage. Broad-form comprehensive public liability insurance with limits of not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) each occurrence, insuring against any and all liability of Lessee with respect to the Premises or arising out of the maintenance, use or occupancy thereof, and property damage liability insurance with a limit of not less than One Million Dollars ($1,000,000) each accident, or One Million Dollars ($1,000,000) combined single limit. ii. Property Insurance. Lessee shall obtain and maintain in force a policy or policies of insurance in the name of Lessee, with any loss payable to Lessee, and any lender of Lessor insuring against loss or damage to the improvements on the Premises, including, without limitation, any
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16 improvements installed or constructed by Lessee. The amount of such insurance shall be equal to the full insurable replacement cost of such improvements, as the same shall exist from time to time, or the amount required by any lender of Lessor, but in no event more than the commercially reasonable and available insurance value thereof. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct loss or physical damage (except the perils of flood and earthquake unless required by a lender of Lessor). If such insurance coverage has a deductible clause, the deductible amount shall not exceed 'the amount permitted by a lender of Lessor. In the event any casualty results in damage to the improvements on the Premises which are the property of Lessor (and not constructed or installed by Lessee in accordance with the provisions hereof), Lessee shall either (i) use the proceeds of insurance to cause the restoration of such property of Lessor or (ii) pay or cause payment to Lessor or any lender of Lessor in an amount of the proportionate share of insurance proceeds attributable to damage to such property of Lessor. iii. Delivery of Certificate of Insurance. Lessee shall deliver to Lessor certificates of insurance evidencing the insurance procured by Lessee, which certificates shall name Lessor as an additional insured together with any lender of Lessor. The Certificates of Insurance shall be delivered by Lessee to Lessor at the time of the execution of the Lease and shall be monitored regularly.
iv. Notice of Cancellation. All insurance p o l i c i e s s h a ll contain a provision that such policies shall not be canceled or terminated without thirty (30) days' prior notice from the insurance company to Lessor.
Lessee agrees that on or before thirty (30) days prior to expiration of any insurance policy, Lessee will deliver to Lessor written notification in the form of a receipt or other similar document from the applicable insurance company that said policy or policies have been renewed, or deliver certificates of coverage from another good and solvent insurance company for such coverage.
7. Use. Lessee shall use and occupy the Premises for purposes of retail space and programming use. Lessee shall not use the Premises for the purposes of storing, manufacturing or selling any inherently dangerous substance, chemical, thing, or device.
8. Hazardous Substances and Hazardous Materials.
a) Defined. For purposes of this Lease, the term "Hazardous Substances" shall be as defined in the Comprehensive Environmental Response, Compensation,
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17 and Liability Act, 42 U.S.C. §§ 9601 et seq., and any regulations promulgated pursuant thereto, and as used to define "Hazardous Wastes" in the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., and any regulations promulgated thereto, or as may be identified or defined by any federal, state or local law or regulation.
b) Prohibition and Indemnity. Lessee shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Substances or Hazardous Wastes in any manner not sanctioned by law. In all events, Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) (collectively "Claims") from the presence or release of any Hazardous Substances or Hazardous Wastes on the Premises if caused by Lessee or persons acting under Lessee. The foregoing indemnity shall apply regardless of whether or not any such Claims are contributed to by the negligence or fault of the indemnified party, by the violation of any law, statute or regulation by the indemnified party, and even if the indemnified party is strictly liable therefore. However, in the event of such contributory negligence or other fault of the indemnified party, then the indemnified party shall not be indemnified hereunder in the proportion that the indemnified party’s negligence or other fault caused any such Claims. Lessee shall execute such affidavits, representations or other documents from time to time as Lessor may reasonably request concerning Lessee's best knowledge and belief as to the presence of Hazardous Substances or Hazardous Wastes on the Premises. This paragraph shall survive the termination of this Lease.
9. Improvements.
a) Consent of Lessor. Lessee shall not construct or make any installations, additions, improvements or alterations in or to the Premises, without the prior written consent of Lessor.
b) Lessee to Pay Improvement Cost. All installations, additions, improvements, or alterations constructed or made to the Premises, with the consent of Lessor, shall be made at the sole cost and expense of Lessee. Any tenant improvement designs must be approved by the City and undergo the tenant improvement permit process through the Development Services Department. c) Removal of Improvements. All installations, additions, improvements, or alterations constructed or made to the Premises by Lessee shall remain Lessee's
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18 personal property and, notwithstanding principles of law applicable to real property improvements, Lessee's installations, additions, improvements or alternations shall not be deemed improvements to Lessor's Premises and may be removed from the Premises by Lessee upon termination of this Lease in the sole discretion of Lessee. Notwithstanding the foregoing, upon termination of this Lease, Lessor may require Lessee to remove some or all of Lessee's installations, additions, improvements and alterations, at Lessee's sole cost and expense. Further, upon termination of this Lease and following removal of Lessee's property, the Premises shall be restored to a condition reasonably satisfactory to Lessor, at Lessee's expense. Any of Lessee’s property, as aforesaid, not removed from the Premises upon termination of this Lease shall become the property of Lessor.
d) Mechanic’s Liens. Lessee agrees to pay promptly for all labor or materials furnished for any work of construction, improvements, alterations, additions, repairs or maintenance performed by Lessee in connection with the Premises, and to keep and to hold the Premises free, clear, and harmless of and from all liens that could arise by reason of any such work.
10. Termination. Within ninety (90) days prior to expiration of the Term, either Lessor or Lessee may terminate this Lease, without cause, by serving the other party with thirty (30) days' prior written notice of such termination (a "Notice of Termination"). Upon termination of this Lease, Lessee shall return the Premises in good condition and repair to the reasonable satisfaction or Lessor.
11. Signs. Lessee shall not install any signs on the Premises without the prior written consent of Lessor. Lessor has the option to authorize a billboard to be installed on the Premises during the term of the Lease.
12. Lessor’s Consent Required. Lessee shall not assign, mortgage, or hypothecate this Lease in whole or in part, nor sublet all or any part of the Premises, without the prior written consent of Lessor in each instance, which consent may be granted or denied in Lessor's sole discretion.
13. Assignment and Subleasing. Lessee shall not assign, mortgage, or hypothecate this Lease in whole or in part, nor sublet all or any part of the Premises, without the prior written consent of Lessor in each instance, which consent may be granted or denied in Lessor's sole discretion. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. In the event that Lessor's written consent is granted, Lessee shall pay all expenses in connection with such assignment and Lessee shall remain primarily
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19 obligated to Lessor for performance of all provisions of this Lease.
14. Use of Premises by City. The Premises will be used for as retail space and programming for the Lessee.
15. Entry and Inspection. Lessee shall permit Lessor or Lessor’s agents to· enter upon the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same.
16. Indemnification. To the extent permitted by law, Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the Premises or any part thereof in connection with this Lease, unless caused by the gross negligence or willful misconduct of Lessor. Lessee agrees to indemnify and hold Lessor harmless from any claims for damages which arise in connection with any such occurrence. Lessor agrees to indemnify and hold Lessee harmless from any claims for damages which arise from the gross negligence or willful misconduct of Lessor in connection with the Premises or this Lease. Said indemnifications shall include indemnity from any reasonable costs or fees which the indemnified party may incur in defending any such claim. The provisions of this Section shall survive termination of this Lease.
17. Lessor's Remedies on Default. If Lessee defaults in the payment of rent or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within thirty (30) days after the giving of such notice (or if the default is of a nature that it cannot be completely cured within such period, if Lessee does not commence such cure within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease on not less than thirty (30) days' notice to Lessee. On the date specified in such notice, the term of this Lease shall terminate and Lessee shall then quit and surrender the Premises to Lessor, without extinguishing Lessee’s liability. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Premises by any lawful means and remove Lessee or other occupants and their effects.
18. Waiver. No Failure to Lessor to enforce any term hereof shall be deemed to be a waiver.
19. Notices. Any notice, request, demand, or other communication which either party may or is required to give, shall be in writing and shall be delivered in person or sent to the address set forth herein below by registered or certified mail, return receipt requested with postage prepaid, by commercial overnight courier, with written verification of receipt, or by telecopy. A notice shall be deemed given: (a) w h e n delivered by personal
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20 delivery (as evidenced by the receipt); (b) three (3) days after deposit in the mail if sent by registered or certified mail; (c) one (1) business day after having been sent by commercial overnight courier as evidenced by the written verification of receipt or (d) on the date of confirmation if telecopies. Either party may change its address for receiving notice by written notice given to the other in accordance with the provisions of this Notices section.
To Lessee:
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attn: Jacob Alvarez
Assistant to the City Manager
Phone: 760) 398-3502 Ext. 129
E-mail: [email protected]
To Lessor:
20. No Agency/Employment. In performing the terms of this Lease, the Lessor and Lessee each remain an autonomous and separate entity, solely responsible for its own actions and those of its officers, employees, agents and volunteers. No relationship of employment, agency, partnership or joint venture is to be created by or implied from this Lease.
21. Heirs, Assigns, Successors. This Lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties.
22. Time of Essence. Time is of the essence of this Lease.
23. Entire Agreement. This instrument constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties.
24. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of California.
25. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above:
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LESSEE:
L E SS E E
California Private Entity
By:
Name, Position
LESSOR:
THE CITY OF COACHELLA
California Municipal Corporation
By:
Dr. Gabriel Martin, City Manager
Attest:
By:
Angela M. Zepeda
City Clerk - City of Coachella
Approved as to Form:
By:
Best, Best & Krieger LLP
City Attorney
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City of Coachella RFP Addendum #1: Deadline time extension Proposals due December 14th before 3:00pm
The City of Coachella has unilaterally decided to extended its submission deadline The City shall not be liable for any expenses incurred by any proposer in relation to the preparation or submittal of Proposals. Expenses include, but are not limited to, expenses by proposer in: preparing a Proposal or related information in response to RFP; negotiations with City on any matter related to this RFP; and costs associated with interviews, meetings, travel or presentations. Additionally, City shall not be liable for expenses incurred as a result of City’s rejection of any Proposals made in response to this RFP.
Proposals are due before 3:00 PM on December 14th, 2021. This time and date is fixed and extensions will not be granted. The City does not recognize the U. S. Postal Service, its postmarks or any other organization as its agent for purposes of dating the Proposal. All Proposals received after the deadline shown will be rejected, returned to sender and will not receive further consideration. Furthermore, the City reserves the right to reject any and all Proposals and to waive information and minor irregularities in any Proposal received.
Below is the anticipated schedule:
Advertisement/Marketing of RFP: September 16th – December 14th Site visit: November 18th 9am located at 1258 Sixth Street, Coachella Review of Proposals: December 15th – January 6th
Staff Report and Lease Agreement uploaded to agenda: January 19th City Council approval: January 26th
Mail, hand‐deliver or e-mail Proposal to:
Attn: Jacob Alvarez
City of Coachella Economic Development Department
53990 Enterprise Way, Coachella, CA 92236
E-mail: [email protected]
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1 NEW PROJECT PROPOSAL
CITY OF COACHELLA
FORMER CHAMBER OF COMMERCE
BUILDING LEASE
SITE ADDRESS:
1258 SIXTH STREET
COACHELLA, CA 92236
APPLICANTS:
TEDDY LEE
(347) 515-5600
[email protected]
STEVE GARCIA
(760) 609-7481
[email protected]
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2 EXHIBIT A
EXISTING SITE MAP
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3 EXHIBIT B
EXISTING SITE PICTURES
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4 EXHIBIT B
EXISTING INTERIOR PHOTOS
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5 EXHIBIT C
PROPOSAL
Executive Summary
Coachella General will be a thriving business in Coachella, California. Coachella General will be a multi-purpose space, utilizing both its indoor and outdoor spaces. Firstly, Coachella General will serve as a tap room, serving wine, beer, and small bites, as well as housing a coffee roastery. Coachella General will be the first public coffee roaster in Coachella. Secondarily, Coachella General will host various activities in its large rear yard. Such activities include food truck vendors, farmers’ markets, dry goods markets, and a place for eating, drinking, and gathering for the community.
Coachella General will help with the revitalization of the Downtown Pueblo Viejo District by providing a social space for members of the local community as well as a destination for visiting patrons. With an ode to the agricultural and Latino community, Coachella General aims to incorporate local craft beer and wine, vendors, and events that celebrate Coachella’s rich history. Coachella General will implement various promotions and marketing strategies to bring new patrons and talent to the downtown area. The overall strategy is to create a strong long-term customer base that desires local beer and wine in a completely unique setting. Such special offerings will include beer and wine tastings and seasonal pop-up markets. Not only will new pop-up events drive visitor traffic, but being the only tap room on Sixth Street, Coachella General will be a uniquely local hangout.
The founders of Coachella General are Teddy Lee and Steve Garcia. Teddy Lee is the owner of CRA Management, a real estate development and hospitality company. Teddy and his family have projects in San Francisco, Los Angeles, and Palm Springs. They are current co-owners of AsiaSF, a 25,000 sq.ft. cabaret restaurant, and the Sonoran, a 1-acre event space in Palm Springs. Additionally, they are currently redeveloping a hotel, restaurant, and bar in Downtown Palm Springs, as well as a secondary bar, rooftop event space, and coffee shop in South Palm Springs. Teddy, with a degree in architecture, has extensive experience in acquisition, design, construction, permitting, and business operations and development. Having worked in New York and California, he is well educated on building codes and current safety practices. Steve Garcia is the current co-owner of the highly successful Sixth Street Coffee. Over the past three years he has owned and operated Sixth Street Coffee in the city of Coachella. Sixth Street Coffee has expanded its offerings to include an in-demand brunch menu, as well as implemented a highly popular online ordering system. He has over 14 years’ experience in the restaurant industry and is highly skilled in sales, delegation, and system building aspects of the restaurant business.
The Company
Coachella General will be the premier tap room for Coachella, serving high-quality local craft beer and wine. Additionally, the other side of its operations will be roasting quality coffee beans that will be sold to surrounding cities, and eventually nationally. Coachella General will offer a safe and clean outdoor environment ideal for food truck service, dry good vendors, farmers’ markets, and general gathering for the community. This space will showcase local and emerging small businesses, as well as attract new patrons into the community. Our goal is to create employment opportunities, as well as help grow other small businesses with partnerships and collaborative events.
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6 Concept
At Coachella General we strive to be a first-of-its-kind concept, combining both craft beer and wine, within a coffee roasting facility. The products, branding, and vendors will pay homage to Coachella’s Latino roots with a modern twist. Our unique concept will be industrious and minimal. The atmosphere will reflect a relaxed, modern, and clean vibe, where the focus is on the patrons and the goods served and locally created. Additionally, we will be the first to offer an outdoor space incorporating food trucks, dry goods markets, farmers’ markets, outdoor games, and a gathering space. We want our patrons to feel like they are part of our process and, in turn, part of the community.
CONITNUED ON NEXT PAGE…
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7 RENDERING OF PROPOSED STOREFRONT
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8 PROPOSED FLOOR PLAN
PROPOSED INTERIOR DESIGN CONCEPT
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9 Page 674
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10 PROPOSED SITE PLAN
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11 PROPOSED EXTERIOR DESIGN CONCEPT
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12 SAMPLE MENU
CERVEZA
ALL HOUSE BEER 8
LAS PALMAS | ‘Table’ Petite Saison
4.1% is a crushable farmhouse ale fermented with Voss
Kveik. Notes of citrus and straw.
LAS PALMAS | ‘Fifty-Four’ French Saison
5.7% is our house saison and fan favorite. Hopped with
Wakatu, fifty-four has a great yeasty fruitiness & a
tropical bitterness.
LAS PALMAS | ‘Bloom’ Unfiltered IPA
6.1% is a solera IPA that gives off a radiant orange glow.
Cloudy yet crisp, Bloom is citrusy and floral on the nose, with a long grapefruit finish.
LA QUINTA | HEATWAVE DESERT ALE
5.9% Alcohol by Volume / 32 IBUs
Gold - 2017 Best of Craft Beer Awards
Toasty malt character with a hint of caramel, this beer is slightly darker than your typical amber ale. Generous
amounts of Warrior hops provide the bitterness while
Centennial and Chinook hops provide aroma.
LA QUINTA | DESERTFEST
(Autumn Seasonal) 5.9% Alcohol by Volume / 25 IBUs
with a malty flavor and a clean finish, this traditional German Style Märzen Bier is the perfect thirst quencher for those warm days and cool autumn nights in the
desert.
LA QUINTA | POOLSIDE BLONDE
4.8% Alcohol by Volume / 26 IBUs. Gold–2018 Los
Angeles Int'l Beer Comp. Poolside Blonde has a light
maltiness provided by the Pilsner and Vienna malts. Light straw in color, it has a moderately bitter finish. A true palate cleansing ale.
LA QUINTA | KOFFI PORTER
6.3% ABV / 20 IBUs. Gold–2018 Los Angeles Int'l Beer
Comp.Our Koffi Porter is brewed with dark roasted,
chocolate and crystal malts. After fermentation, we add locally roasted coffee beans from “Koffi” in nearby
Rancho Mirage. If you enjoy coffee, you’ll love this beer!
VINO NATURAL
BY THE GLASS 13
AKASH | 2019 Estate Cabernet Sauvignon
Wild blackberries, warm from the sun + sweet spice and
violet
AKASH | 2016 Cabernet Sauvignon
Deep wild raspberry and pomegranate notes with classic
Cab Sauv spice on the back palate.
AKASH | 2020 Blended Rose
You'll find all the weight and complexity of a red wine in this bright, fresh rosé.
BOTTAIA | 2017 Cartuccia White
Medium Body + Well Balanced Acid, Clean, Floral, Rich
TAPAS
Guac and salsa flight 8
A flight of salsas and guac served with house made chips Chips and salsa 6
House made salsa and chips
Hummus with crudites 6
Crostini With Ricotta 8
Honey and Lemon Zest ricotta with a sprinkle of zingy
lemon zest and honey
Stuffed Avocado 7
Stuffed quinoa and black bean salad.
Lox and toast 7
Thinly sliced lox served with sourdough toast
Frijoles Negro 6
Small Bowl of black beans served with multi grain corn
tortillas and cheese
Ceviche and tostada 6
Esquite 5
Chopped corn salad
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13 Vision
Coachella General’s focus is to prove the viability and success of this concept. Its goals would be to eventually expand throughout the Coachella Valley and beyond. We aim to be the hub of local artisans of beer, wine, foods, and crafts. Not only will there be an extensive vetting process for our vendors, but we also aim to employ like-minded team members who will assist the team and vendors in accomplishing the goals of the owners and the company. We believe that our company’s success will be directly proportionate to our team members’ work ethic, honesty, commitment, customer service and attitude. Because Coachella General will provide the space for new and exciting vendor showcasing, Coachella General offerings will constantly be evolving and growing, which in turn will attract new traffic and maintain returning traffic.
Management Philosophy
Coachella General believes that next to our customers, business systems are our most important asset. Transparent communication and the seamless transfer of information between management and staff is key to running a successful business. We will meet regularly to review operations and discuss ways to improve the quality of our services, our products, and how to partner with new and exciting vendors. Additionally, we will continually discuss ways to improve our business practices to attract customers, maintain high employee retention, ensure a positive impact on the local community; and we aim to accomplish all of this while reducing costs and increasing profits.
Advertising and Promotion
We will have a grand opening party to promote the opening of the tap room and roastery. We will do a direct mailing of 1,000 names, addresses, and e-mails that Steve Garcia has collected from Sixth Street Coffee and will also contact local businesses and offices. The grand opening will consist of an open house where people will be invited to visit the business, meet the owners/operators. During this event, samples of beer and wine will be served, along with food provided by local food trucks. We hope to utilize the City of Coachella’s channels of marketing to get the word out to the local community and beyond.
Customer Service
We believe that our information-driven operation will result in the following benefits of the company; • A feeling of pride and ownership in Coachella General from its employees • Independent decision-making for employees requiring minimum supervision • Highly involved and motived employees = minimum staff turnover • Maximum productivity and cost efficiency
• High customer loyalty
• Consistent customer experience, with a high-level of employee training • Complete customer satisfaction = customer retention
• Maximum profitability
Item 30.
14 Sample Customer Retention Programs:
• Customer reward programs
• Private party events
• Wine and coffee tastings
• Customer demos and classes
• Free Wi-Fi
• Seasonal drink & menu offerings
• Discounts to members of public service and seniors
• Free access to tables for working and gathering
Sample Business Hours
Roaster (Coffee Roasting)
Monday-Friday: 8:00am to 5:00pm
Tap Room
Wednesday-Friday: 3:00 pm to 10:00 pm
Saturday: 11:00 am to 12:00 am
Sunday: 11:00 am to 9:00 pm
Food Trucks
Monday-Friday: 11:00 am to 3:00 pm
Saturday: 5:00 pm to 10:00 pm
Sunday: 11:00 am to 7:00 pm
Farmers Market / Vendor Markets (Seasonal)
Saturday: 7:00 am to 11:00 am
Sunday: 1:00 am to 4:00 pm
CONITNUED ON NEXT PAGE…
Item 30.
15 CAPITAL INVESTMENT
Based on historical data from bar sales at AsiaSF Palm Springs and traffic data from Sixth Street Coffee, Teddy and Steve are confident Coachella General will be a success. As the operator, Steve will put in the necessary hours to ensure the success of the business and will take his successful business practices from Sixth Street Coffee and implement them at Coachella General. The business will require no loans. CRA Management, owned by Teddy, will provide the funds for design, entitlements, construction, equipment, startup costs, and operating costs. CRA Management will tap into their professional resources, as needed, to ensure Coachella General is code-compliant, safe, and set up for success. As this is a large revitalization project for CRA Management in a new market, we will work with the City of Coachella to help us offset some costs for building improvements and aid in the local community’s support. We estimate the cost of the improvements and startup costs to be approximately $128,000.
Estimated Costs
Design / Permitting $7,000.00
Construction $20,000.00
Landscaping $8,000.00
Equipment $50,000.00
Supplies $8,000.00
Inventory $5,000.00
Startup Costs $30,000.00
Total $128,000.00
Item 30.
STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize City Manager to execute a letter agreement with Zambelli Fireworks for a special event pyrotechnic program for the City’s 2022 Fourth of July program, in the amount not to exceed $43,000.
STAFF RECOMMENDATION:
Authorize the City Manager to:
1) Execute a letter agreement with Zambelli Fireworks for special event pyrotechnic program for the City’s 2022 Fourth of July program, in the amount not to exceed $43,000; 2) Confirm the Fourth of July program date and pyrotechnic program run time; and 3) Authorize appropriation of $35,000 or $43,000 from undesignated general fund reserves for the proposed Fourth of July pyrotechnic program.
EXECUTIVE SUMMARY:
Staff solicited bids for a fifteen-minute and twenty-minute pyrotechnic special event program for a 2022 Fourth of July Program. Staff is recommending the event date be July 1, 2022 (Friday); last year the event was held on Friday, July 2
nd)
. Please see the below responses received.
Vendor 15-minute Show 20-minute Show Number of Shells
Zambelli Fireworks $35,000 $43,000 14,478 / 9,518
Fireworks America $27,000 $30,000 1,300 / 1,425
Pyro Spectacular $40,000 $40,000 4,388
Staff is recommending authorization to award the 2022 Fourth of July pyrotechnic program to Zambelli Fireworks based on the significant higher number of shells that will be included in the proposed show; over 8,000 more shells than other respondents. Staff is requesting direction on award of a 15-minute or 20-minute show on July 1, 2022.
FISCAL IMPACT:
The recommended action will require an appropriation from unallocated general fund reserves totaling either $35,000 (15-minute show) or $43,000 (20-minute show).
Attachment: Proposed Letter Agreement
Item 31.
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Item 31.
STAFF REPORT
1/26/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Fountainhead Plaza
SPECIFICS: Tentative Parcel Map 37940 (Revision), CUP 321 (modification), and AR 20-03 (modification) to develop 3.1 acres of an 8.25 acre property for a 2,028 sq. ft. standalone Starbucks drive thru building at the northeast corner of Cesar Chavez Street and First Street (APN# 778-020-007 and 778-010-017). Applicant:
Coachella Retail Realty Associates, LP.
EXECUTIVE SUMMARY:
Coachella Retail Realty Associates, LP requests Planning Commission approval of modifications to site plan and architectural approvals for a standalone 2,028 Starbucks drive thru building. The applicant also requests approval of a revision to Tentative Parcel Map 37940 to accommodate parking for the Aldi supermarket on 1.94 acres located at the northeast corner of Cesar Chavez Street and First Street.
BACKGROUND:
The subject site is a vacant portion of an existing commercial development, Fountainhead Plaza, originally approved by the Planning Commission on May 7, 2008 as Conditional Use Permit (CUP) No. 233 and Architectural Review (AR) 07-20 for Walgreens, located on the east side of Cesar Chavez between Avenue 50 and First Street as a phased development. Taco Bell drive- thru restaurant was approved by the Planning Commission on July 15, 2015, as CUP 261 and AR 15-
06. The developed portion of the commercial center consists of a Walgreens drug store and two drive thru restaurants (Taco Bell and McDonalds).
Tentative Parcel Map No. 37940 was approved by the City Council on October 14, 2020 to subdivide the remaining 8.26 acres into 7 commercial lots. Additionally, the Council approved AR No. 20-03 and CUP No. 321 to develop Phase II of the commercial center to include a 7- Eleven convenience store with 12 pump fueling stations and a drive-thru for a coffee shop. CUP No. 322 was approved to allow alcohol sales (Type 20, Off-Sale Beer and Wine) within the convenience store.
On December 15, 2021 and January 5, 2022 the Planning Commission considered Tentative Parcel Map 37940 (Revision), CUP 346, CUP 347, CUP 321 (modification), AR 21-12, and AR 20-03
Item 32.
(modification) to develop 5.06 acres of an 8.25 acre property to include a 2,028 sq. ft. Starbucks drive thru building, a 2,600 sq. ft. Panda Express drive thru restaurant and a 20,442 sq. ft. Aldi supermarket with Type 20 Alcohol Sales (Off-Sale Beer and Wine). The Planning Commission approved the Panda Express and Aldi supermarket on January 5, 2022 and recommended that the City Council approve the modification of the approved multi-tenant retail drive thru building into a standalone Starbucks drive thru building and revision to Tentative Parcel Map 37940.
DISCUSSION/ANALYSIS
The proposed development is a new phase of CUP No. 233 and Architectural Review 07-20. The surrounding land uses and zoning designations are as follows:
North: Existing commercial development, America’s Tire (C-G, General Commercial).
South: Existing single family residences across First St. (R-S, Single Family Residential).
East: Foster-Gardner agricultural products (nonconforming) industrial site (C-G, General Commercial).
West: Existing commercial development across Harrison Street (C-G, General Commercial).
Tentative Parcel Map 37940
Tentative Parcel Map (TPM) No. 37940 was approved to subdivide the southern and eastern portions of the Walgreen’s development (8.25 acres) into seven (7) parcels. The applicant proposes a revision to TPM No. 37940 where parcels 1, 2, and 3 would develop with the Starbucks drive-thru, Aldi supermarket, and convenience store with fuel service station respectively. Parcels 4, 5, 6 will be developed with a Panda Express drive thru restaurant (Parcel 4) and future commercial development. Parcel 7 contains the existing common-area retention basin that provides storm-water drainage needs of the developed properties (Walgreens, Taco Bell and McDonalds).
The information below is the proposed parcel (lot size) area breakdown and an exhibit of the proposed subdivision showing the new building areas and the “future” development areas.
Table 1 – Tentative Parcel Map 37940 Revision
Parcel # Approved Proposed Revision
Parcel 1 39,041 sf. (Starbucks) 41,247 sq. ft. (Starbucks) Parcel 2 39,149 sf. (Retail) 84,462 sq. ft. (Aldi)
Parcel 3 55,467 sf. (Fuel Station) 54,924 sq. ft. (Fuel Station) Parcel 4 52,664 sf. (Future development) 39,782 sq. ft. (Panda Express) Parcel 5 79,102 sf. (Future development) 45,007 sq. ft. (Future development) Parcel 6 32,403 sf. (Future development) 32,403 sq. ft. (Future development) Parcel 7 61,747 sf. (Existing Retention Basin) 61,747 sq. ft. (Existing Retention Basin)
Item 32.
Site Plan
Starbucks (Pad 1)
The applicant proposes a modification to the approved Starbucks site plan by eliminating the 4,500 sq. ft. multi-tenant retail suites, which was originally proposed as one building with a 2,000 sq. ft.
Starbucks coffee shop. The applicant proposes to maintain the Starbucks drive-thru coffee shop as a standalone 2,028 sq. ft. building. The applicant proposes the Starbucks building and drive thru lane in the same location and configuration as AR No. 20-03. An outdoor covered patio seating area of 270 sq. ft. is proposed. The drive-thru lane will accommodate the stacking of 12 vehicles consistent with the original site plan, which is more than the minimum required stacking of eight vehicles of the City’s Zoning Ordinance. The approved parking lot plan has been reconfigured due to the elimination of the multi-tenant retail suite and the accommodation of the Aldi supermarket.
Figure 1 – Proposed Site plan (Starbucks, Aldi and Panda Express) Architectural Design
The overall architectural design of the Starbucks incorporates modern architectural design with distinct material and color patterns for each buildings that differ from the original architectural conceptual design of Fountainhead Plaza as characterized by the Spanish Colonial revival appearance of the Walgreens drug store building. The departure from the original architectural design concept occurred with the commercial center’s incremental development based on tenant interests to purse building design with prototypical architecture as demonstrated by the McDonald’s and Taco Bell restaurant buildings. The design for the corner fuel station would continue to retain the Spanish Colonial Revival architectural design features under AR No. 20-03.
Item 32.
Starbucks (Pad 1)
The Starbuck drive-thru building retains the same architectural style as approved under AR 20-03, with the exception the original multi-tenant building footprint has been reduced to remove two commercial tenant spaces. The building has maximum height of 23 feet and includes a modern design with a combination of stucco and hardee panel exterior surfaces. The main entrance is along the East elevation with an overhead metal canopy and an open trellis above an outdoor dining area. The West elevation facing Cesar Chavez Street includes a drive-thru window with overhead metal canopy. Two living fence and trellis systems are provided along the exterior wall. Rooftop mechanical equipment is screened by exterior walls and decorative cornice trim is provided at the top of all parapet walls.
Figure 2 – Comparison of Approved Multi-tenant Retail Building to Proposed Standalone Starbucks Building (East Elevation)
Landscape Design
The plant palette shows a variety of trees including “Chilean Mesquite” “Desert Willow/Amethyst” and “Thornless Palo Verde” within the perimeter plantings and interior parking lot planters. The planters will include water-efficient plantings including “Red Bird of Paradise”, “Bush Morning Glory”, “Toothless Desert Spoon”, “Mexican Evening Primrose”, and Agave “Century Plant” succulents. The landscape plan includes a line of “Mexican Fan Palm” trees along the project frontage similar to the existing planting pattern in front of the Walgreens, Taco Bell, and McDonalds buildings. A cluster of palm trees is also provided at the corner of Cesar Chavez Street and First Street along with other landscape materials design to make the future public art location a focal point. The main entry driveway from Cesar Chavez Street will be fully improved with a landscape median consisting of Mexican Fan Palm trees, agave succulents and a decorative stone surface. The Planning Commission approved a condition of approval to revise the landscape plan to include date palms and ensure compatibility between the new and existing landscape areas.
Item 32.
CONSISTENCY WITH THE GENERAL PLAN
The proposed project is within the Downtown Center land use designation of the General Plan 2035 Land Use and Community Character Element. The Downtown Center is intended to bring the entire community together in a one-of-a-kind Coachella Center which allows for commercial uses with the exception of drive-thru establishments even though the General Commercial zone permits drive-thru establishments with approval of a CUP. The City Council previously made a General Plan consistency finding in support of the Starbucks drive-thru under Resolution No, 2020-55 for AR 20-03, CUP 321 and CUP 322 stating that the drive-thru and 7-Eleven service station are in harmony with the immediate vicinity of the proposed site and identified that any future proposed development on the vacant portion of the site must be in strict compliance with Coachella General Plan 2035. Should the City Council act to approve the proposed project, the Commission should find that the project would be in harmony with the immediate vicinity of the proposed site.
CONSISTENCY WITH ZONING
The subject site is zoned C-G (General Commercial) zone, which allows for retail and restaurant establishments. The project complies with the development standards of the Zoning Ordinance for parking, lot requirements, height, landscaping and drive through stacking.
Table 2 – Development Standards
Zoning Ordinance Proposed Complies
with Code
Parking
(Minimum)
Restaurants: Starbucks- 23
spaces required.
Starbucks – 25 spaces Yes
Lot
Requirements
Minimum Lot width 50’ All proposed parcels
(TPM 37940) greater than
100’ width
Yes
Height (max) 35’ Starbucks – 23’ Yes
Landscaping Parking area or driveway
abutting a street requires a 10
foot setback fully landscaped.
Internal landscaping equal to a
minimum of 5% of the parking
and driveway area.
One 15 gallon tree for every 10
parking spaces.
All landscape planter beds in
interior parking areas shall be
not less than five feet in width
All areas exceed 10’
fully landscaped setback
Internal landscaping %
not identified but
required by condition of
approval.
One 15 gallon tree is
provided for every 10
parking spaces.
The rear property line
planter to the rear of
Panda Express is less
than 5’.
Substantially
in
compliance.
Project
conditioned
to comply
with all
landscape
standards.
Drive-through Minimum stacking for 8 vehicles at
20’ per vehicle.
Starbucks accommodates
stacking for 12 vehicles.
Yes
Item 32.
ENVIRONMENTAL IMPACT CONSIDERATION
The Planning Commission adopted a Mitigated Negative Declaration as part of Environmental Initial Study (EIS 07-16) on May 7, 2008 for the Fountainhead Plaza for all phases of the project. Staff determined that the proposed development and modifications will not result in any new environmental effects that were not previously analyzed as part of the original project. As such, no additional environmental review or further mitigation is required for this request.
ALTERNATIVES:
1) Adopt a) Resolution No. 2022-10 for approval of modifications to CUP No. 321 (Starbucks drive-thru) and Architectural Review No. 20-03 (Starbucks and 7-Eleven); and b) Resolution No. 2022-11 for approval of a revision to Tentative Parcel Map 39740 with the findings and conditions as recommended by Staff.
2) Deny the proposed project.
3) Continue this item and provide staff and the applicant with direction.
RECOMMENDED ALTERNATIVE(S):
Staff recommends alternative #1.
Attachments:
1. Resolution No. 2022-10 for AR 20-03 and CUP 321 Amendment Exhibit A – Conditions for Approval for AR 20-03 and CUP 321 Amendment
2. Resolution No. 2022-11 for TPM 37940 (Revision)
Exhibit A –Revised TPM 37940 exhibit
3. Vicinity Map
4. Project Description - Applicant
5. Site Plan
6. Preliminary Civil Plan
7. Landscape Plan
8. Architectural Plans – Starbucks (AR No. 20-03)
9. Architectural Plans – Panda Express (AR No. 21-12 – For Reference)
10. Architectural Plans – Aldi Supermarket (AR No. 21-12 – For Reference)
11. Planning Commission meeting minutes of December 15, 2021
12. Planning Commission meeting minutes of January 5, 2022.
13. Approved Council Resolution No. 2020-55 CUP 321 CUP 322 AR 20-03
14. Approved Council Resolution No. 2020-56 TPM 37940
15. Approved Planning Commission Resolution No. 2021-25 CUP 346 CUP 347 AR 21-12 Aldi and Panda Express
Item 32.
RESOLUTION NO. 2022-10
A RESOLUTION OF THE CITY OF COACHELLA CITY COUNCIL
APPROVING AMENDMENTS TO ARCHITECTURAL REVIEW 20-
03 AND CONDITIONAL USE PERMIT 321 TO ALLOW THE
CONSTRUCTION OF A 2,028 SQ. FT. DRIVE-THRU COFFEE SHOP
AND A 4,088 SQ. FT. MINI-MARKET WITH ALCOHOL SALES AND
24 HOUR OPERATION ON 3.1 ACRES OF A 5.9 ACRES OF VACANT
LAND LOCATED AT THE NORTHEAST CORNER OF FIRST
STREET AND CESAR CHAVEZ STREET. (APN 778-020-007 AND 778- 010-017) COACHELLA RETAIL REALTY ASSOCIATES, LP
(APPLICANT).
WHEREAS, Coachella Retail Realty Associates, LP filed an application for Conditional Use Permit (CUP 346), CUP 347, Architectural Review (AR) 21-12 and amendments to CUP 321, AR 20-03, and Tentative Parcel Map (TPM) 37940 to allow the construction of a 2,028 sq. ft. drive-thru coffee shop, 2,600 sq. ft. drive-thru restaurant, and a 20,422 sq. ft. supermarket located at the northeast corner of First Street and Cesar Chavez Street (APN 778-020-007 and 778-010-017); and
WHEREAS, on October 14, 2020, the City Council of the City of Coachella held a duly noticed and published Public Hearing and considered the Architectural Review 20-03 and Conditional Use Permit 321 as presented by the applicant, adopting Resolution 2020-55 with the findings, conditions, and staff recommendations; and WHEREAS on December 15, 2021 and January 5, 2022, the Planning Commission of the City of Coachella held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and
WHEREAS on January 26, 2022, the City Council of the City of Coachella held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and WHEREAS the proposed use is necessary or desirable for the development of the community, is consistent with the objectives of the City’s General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is to be located; and,
WHEREAS the proposed site is adequate in size and shape to accommodate the proposed development; and,
WHEREAS, the Planning Division completed an initial environmental assessment of the above matter and in accordance with the California Environmental Quality Act (CEQA) recommends the City Council determine the project will not result in any new environmental effects that were not previously analyzed as part of the original project under Environmental Initial Study 07-16 on May 7, 2008 for Fountainhead Plaza for all phases of the project.
Item 32.
Resolution No. 2022-10
WHEREAS, the proposed change could not adversely affect the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coachella, California hereby resolve as follows:
Section 1. Incorporation of Recitals
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.
Section 2. CEQA Findings
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council and the facts outlined below, the City Council hereby finds and determines that the proposed project will not result in any new environmental effects that were not previously analyzed as part of the original project under Environmental Initial Study 07-16 on May 7, 2008 for Fountainhead Plaza for all phases of the project.
Section 3. Conditional Use Permit and Architectural Review Findings With respect to the modifications to Conditional Use Permit 321 and Architectural Review 21-03, the City Council finds as follows for the proposed for the 2,028 sq. ft. drivethru coffee shop:
1. The proposed use will not be in conflict with, but will be in harmony with and in accordance with the objectives of the Coachella General Plan 2035, except as recognized that the project has vested rights as to the number of drive-thru restaurants and service stations previously vested under CUP No. 233 and AR No. 07-20. Staff requested direction from the Planning Commission at the June 3, 2015, Planning Commission hearing through a policy discussion item on the agenda. The site has a Downtown Center land use designation that allows for a range of retail uses. The proposed uses on the site are in keeping with the policies of the Downtown Center land use classification and the Project is internally consistent with other General Plan policies for this type of development.
2. The proposed uses will be located, designed, constructed, operated and maintained so as to be compatible with the existing or intended character of the general vicinity and shall not change the essential character of the same area. The proposed project is in compliance with the applicable development standards of the City’s Zoning Code. The applicant proposes to amend the approved site plan by eliminating two tenant spaces (4,500 sq. ft). of a multi-tenant retail building and instead retain a 2,028 sq. ft. drive-thru Coffee Shop and a 12-fueling position Canopy for Service Station and a 3,010 sq. ft. mini-market with alcohol sales and 24 hour operations on 3.1 acres of vacant land, in accordance with section 17.74.010 of the Coachella Municipal Code.
Item 32.
Resolution No. 2022-10
3. Consideration is given to harmony in scale, bulk, coverage and density, to the availability of public facilities and utilities, to harmful effect, if any, upon desirable neighborhood character, to the generation of traffic and the capacity of surrounding streets, and to any other relevant impact of the development. The proposed development consists of an amended site plan and architectural elevations that proposes to eliminate two tenant spaces (4,500 sq. ft). of a multi-tenant retail building and instead retain a 2,028 sq. ft. drive-thru Coffee Shop and a 12-fueling position Canopy for Service Station and a 3,010 sq. ft. minimarket with alcohol sales and 24 hour operations on 3.1 acres of vacant land, in accordance with section 17.74.010 of the Coachella Municipal Code. The proposal which will provide City residents and regional residents with an alternative food service and an additional service station with a convenience store which will provide convenience to motorist within the region.
The proposed use is compatible with existing adjacent uses, which include similar land uses and large commercial development sites.
4. Where the proposed use may be potentially hazardous or disturbing to existing or reasonably expected neighboring uses, it must be justified by the common public interest as a benefit to the community as a whole. The proposed development will be compatible with the neighboring properties with respect to land development patterns and application of architectural treatments. The plans submitted for this project propose a building with similar architectural features to the adjoining existing architectural theme of the commercial center as well as adjoining commercial development within the immediate vicinity of the proposed site. The surrounding properties to the south and to the east are vacant and can provide for similar commercial development. As such, the proposed buildings will be in keeping with the scale, massing, and aesthetic appeal of the existing neighborhood and future development.
5. The proposed use will include three new vehicular approaches to the property designed to improve off-site and on-site vehicular circulation for existing traffic on surrounding public streets or roads. Evidence of this is reflected in the provided site plan design. The three new proposed drive isles and internal circulation have been reviewed and approved by the Fire Department and the Engineering Department.
Section 4. City Council Approval
Based on the foregoing recitals and findings above, and the written and oral comments, facts and evidence presented, the City of Coachella City Council approves modification to Conditional Use Permit 321 Architectural Review 20-03 for the Fountainhead Plaza Phase II development and subject to the Conditions of Approval as set forth in Resolution No. 2020-55 and as modified by the Conditions of Approval as set forth in “Exhibit A”
PASSED, APPROVED and ADOPTED this 26th day of January 2021. ___________________________________
Steven A. Hernandez
Mayor
Item 32.
Resolution No. 2022-10
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 32.
Resolution No. 2022-10
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-10 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 26th day of January 2022, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk
Item 32.
Resolution No. 2022-10 EXHIBIT A
CONDITIONS OF APPROVAL
CONDITION USE PERMIT 321 (modification) AND ARCHITECTURAL REVIEW 20- 03 (modification) FOUNTAINHEAD PLAZA (STARBUCKS AND 7-ELEVEN) CONDITIONS OF APPROVAL FOR AR 20-03:
*Modified conditions are in “Bold” and deleted text is in “strike-out.”
45. Temporary Certificates of occupancy may be issued to allow businesses to open, prior to, Prior to issuance of certificate of occupancy all public improvements, including landscaping and lighting of the retention basins, and landscaped areas along the exterior streets, shall be completed to the satisfaction of the City Engineer. An engineering final inspection is required. "As-built" plans shall be submitted to and approved by the City Engineer. Prior to acceptance of the improvements by the City, such plans, once approved, shall be given to the city on compact disk in AutoCad format. All off-site and on-site improvements shall be completed to the satisfaction of the City Engineer prior to acceptance of improvements for maintenance by the City. A Temporary Certificate of Occupancy may be issued prior to completion of aforementioned improvements.
81. A minimum of 10 date palm trees California or Mexican Fan palms of a minimum 10 to 15 foot brown trunk height shall be planted at the intersection of First Street and Cesar Chavez Street.
90. The Conditions of Approval of Resolution No. PC 2021-25 (CUP 346 and CUP 347 and AR No, 21-12) Exhibit A are incorporated herein as conditions of approval for Conditional Use Permit 321 and Architectural Review No. 20-03 by reference.
Item 32.
RESOLUTION NO. 2022-11
A RESOLUTION OF THE CITY OF COACHELLA CITY COUNCIL
APPROVING A REVISION TO TENTATIVE PARCEL MAP NO. 37940 TO SUBDIVIDE 8.25 ACRES (APN 778-020-007 & 778-010-017) INTO SEVEN
PARCELS FOR FINANCING AND DEVELOPMENT PHASING
PURPOSES ON PROPERTY LOCATED ON THE NORTHEAST CORNER
OF FIRST STREET AND CESAR CHAVEZ STREET. COACHELLA
RETAIL REALTY ASSOCIATES, LP (APPLICANT).
WHEREAS, Coachella Retail Realty Associates, LP filed an application to revise Tentative Parcel Map No. 37940 to subdivide approximately 8.255 acres into seven (7) parcels, located on the northeast corner of First Street and Cesar Chavez Street, more particularly described in Exhibit “A” attached hereto and made a part hereof; and WHEREAS, on July 15, 2020, the Planning Commission of the City of Coachella held a duly noticed and published Public Hearing and considered the Tentative Parcel Map as presented by the applicant, adopting PC Resolution 2020-07 with the finding, conditions, and staff recommendations; and
WHEREAS, the City Council adopted Resolution 2020-56, approving Tentative Parcel Map 37940, at a public hearing on October 14, 2020; and WHEREAS, the City has processed the application to revise the Tentative Parcel Map 37940 pursuant to the Subdivision Map Act (commencing with Section 64600, Title 7 of the Government Code and the California Environmental Quality Act of 1970) as amended; and WHEREAS, on December 15, 2021 and January 5, 2022, the Planning Commission of the City of Coachella held a duly noticed and published Public Hearing and considered the revision to Tentative Parcel Map as presented by the applicant, adopting the finding, conditions, and staff recommendations; and
WHEREAS, the Planning Commission does recommend the approval to the City Council of the revision to Tentative Parcel Map No. 37940, subject to the recommended findings and conditions of approval contained in the staff report and contained herein; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coachella, California hereby resolve as follows:
Section 1. Incorporation of Recitals
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.
Section 2. CEQA Findings
Item 32.
Resolution No. 2022-11
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project will not result in any new environmental effects that were not previously analyzed as part of the original project under Environmental Initial Study 07-16 on May 7, 2008 for Fountainhead Plaza for all phases of the project.
Section 3. Tentative Parcel Map Findings
With respect to Tentative Parcel Map 37490, the City Council finds as follows for the proposed
1. The proposed tentative map revision is consistent with the General Plan and the City of Coachella Official Zoning Map. The proposed subdivision is within a land use designation of Downtown Center according to the General Plan 2035 Land Use Element which allows for the proposed commercial uses. The subdivision is consistent with the development standards permitted by the Downtown Center, with the exception of the auto related uses for which the Planning Commission found to be approved uses under the original entitlement of the subject site (CUP No. 233 and AR No. 07-20). Tentative Parcel Map 37940, including the revision to the map, is in compliance with the standards of the Zoning Ordinance with respect to the G-C (General Commercial) including minimum lot size, minimum lot depth, and minimum lot width.
Additionally, this subdivision will accommodate for a variety of commercial uses and is consistent with the City’s vision for this area to be developed with commercial uses to serve the adjacent urban residential uses by providing close proximity to commercial amenities.
2. The site is physically suitable for the future commercial development and density.
The proposed subdivision will provide adequate sized lots for a phased commercial development.
The seven (7) proposed lots will have adequate dimensions, and ingress and egress to accommodate future development by access drives and internal circulation for ingress and egress and reciprocal access on the existing driveways.
3. The design of the subdivision and type of improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no sensitive habitats or bodies of water in the immediate vicinity of the site. For future development proposed on the site, all drainage from increased impervious material on the site will be contained on site for a 100-year storm event, as required by City regulations. As such there would be no impact to the Coachella Valley Whitewater Channel which is more than one mile away from the site.
4. The design of the subdivision and type of improvements are not likely to cause any serious public health problems. The proposed subdivision would allow for future development of commercial uses intended and identified in the Genera Plan and the zoning code. All future development would be reviewed for compliance with applicable California Building Code regulations prior to issuance of any building permits.
Item 32.
Resolution No. 2022-11
5. The design of the subdivision and type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed subdivision would create seven (4) additional lots for future commercial development with adequate street access, and utility connections to all lots.
6. Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project will not result in any new environmental effects that were not previously analyzed as part of the original project under Environmental Initial Study 07-16 on May 7, 2008 for Fountainhead Plaza for all phases of the project.
Section 5. City Council Approval
Based on the foregoing recitals and findings above, and the written and oral comments, facts and evidence presented, the City of Coachella City Council hereby approves Tentative Parcel Map 37940 as set forth in “Exhibit A” for the Fountainhead Plaza Phase III development, subject to the Conditions of Approval of Council Resolution 2020-56.
PASSED, APPROVED and ADOPTED this 26th day of January 2021. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 32.
Resolution No. 2022-11
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-11 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 26th day of January 2022, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk
Item 32.
Vicinity Map
¯
Site
C
E
S
A
R
C
H
AV
E
Z
S
T
R
E
E
T
AVENUE 50
1ST STREET
GRAPEFRUIT BOULEVARD
2ND STREET
3RD STREET
WESTERFIELD WAY
Item 32.
Fountainhead
Development
1401 Quail Street, Suite 100 ● Newport Beach, CA 92660
949/752-2515 ● Fax 949/752-7442
October 18, 2021
Development Service Department
53-990 Enterprise Way
Coachella, CA 92236
Ph: (760) 398-3102
Re: CUP & Architectural Review Application
ALDI Super Market with Type 20 Alcohol Sale
Panda Express Drive-Thru Restaurant
NEC of Cesar Chavez Street & 1st Street
PROJECT DESCRIPTION
Existing Condition:
Zoning: General Commercial (CG)
Land Use: Site is in “Downtown Center” under City’s General Plan 2035 Land Use and Community Character Element, within the “Pueblo Viejo Revitalization Plan” design guideline area Assessor Parcel Numbers: 778-020-007 & 778-010-017
The original 12.14 commercial development is located along Cesar Chavez Street frontage between Avenue 50 and 1st Street. The project was approved in 2008 for up to 82,000 square feet of retail commercial space, and gasoline pump stations. The project was segmented into phases with Phase I being the existing Walgreens, McDonald’s, and Taco Bell consisting of +/- 3.88 acres. Phase II of the project consisting of 3.07 acres with a Starbucks, Retail shop, and Fuel Station with convenience store was approved in October 14, 2020. The remaining 5.19 acres are proposed to be split into 4 parcels for this proposed development.
Adjacent Zoning/Use:
East: Industrial Use- Foster-Gardner, Inc. Fertilizer supplier South (across 1st Street): Residential - single Family homes West (across Cesar Chavez St): Commercial/Retail - +/-85,000 sf retail structure with 99 Cents Only store, Health Clinic, WSS Shoes, Planet Fitness, and Dental office with surface parking.
North: Commercial/Retail – McDonald’s Restaurant, Taco Bell, and Walgreens and associated parking PROPOSED DEVELOPMENT:
The proposed project is on the Phase III development area in the shopping center. The proposed project area is approximately 2.83 acres including a 20,442 sf ALDI Super Market, and a 2,600 sf Panda Express Drive-thru restaurant with outdoor seating. The project requires modification to the 10/04/2020 approved project to remove the proposed multi-tenant shops adjacent to Starbucks and change area to parking for ALDI Market, as well as change to the Tentative Parcel map to incorporate the previous multi-tenant shop parcel into the ALDI parcel.
Project request amendment to Resolution No 2020-55 and 2020-56 to modify the 2,000 sf Starbucks elevations and site plan due to the removal of the 4,500 sf multi-tenant structure immediately south of Starbucks and revision to the Tentative Parcel Map to incorporate the previous multi-tenant parcel with the ALDI Super Market parcel, and Panda Express parcel. There will be no change to the C-Store/Fuel Station.
The project will be provided with 196 parking stalls on site. Project access is via a full movement driveway on 1st Street, Right In/Out on 1st Street, and Right In/Out on Cesar Chavez Street previously approved on 10/14/2020.
Existing site access includes signalized full movement driveway on Cesar Chavez Street south of McDonald’s restaurant, Right In/Out driveway between Walgreen and Taco Bell, and from Avenue 50 and Grapefruit Blvd via Leoco Lane on the north. An additional monument sign consistent with the existing center sign program design is proposed on 1st Street entry near ALDI.
ALDI Market will have approximately 25 employees and with between 6 to 9 employees working per shift. Truck delivery occurs during store hours but typically in early morning and received only from ALDI’s Moreno Valley distribution center.
Panda Express has approximately 30 employees and with between 7 to 12 employees working per shift. Deliveries occur occasionally mid-day or overnight between 2 to 3 times a week.
Item 32.
Fountainhead
Development
1401 Quail Street, Suite 100 ● Newport Beach, CA 92660
949/752-2515 ● Fax 949/752-7442
Project request includes:
1. Amendment to Resolution No. 2020-55 to remove 4,500 s.f. multi-tenants shop adjacent south of Starbucks, Starbucks elevations, and parking modification.
2. Amendment to Resolution No. 2020-56 Tentative Parcel Map to adjust parcel lines for the ALDI Super Market and Panda Express parcels.
3. Operation hours from 8AM-11PM 7 days a week, may vary as needed.
4. Outdoor seating area for Panda Restaurant
5. Outside shopping cart storage for ALDI
6. PCN for Type 20 Alcohol Sales for ALDI Super Market (Public Convenience or Necessity approval)
7. One monument sign on 1st Street full access entry to match existing signage design.
Item 32.
Item 32.
Item 32.
FIRST STREET CAESAR CHAVEZ STREET
PARCEL 1
PARCEL 3
MOBILE ORDER PICKUP
PAD 1
STARBUCKS
2,028 SQ. FT.
PARCEL 2
MOBILE ORDER PICKUP MOBILE ORDER PICKUP
FUTURE
EV
CAV CAV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
REMOTE ORDER PICKUP REMOTE ORDER PICKUP REMOTE ORDER PICKUP REMOTE ORDER PICKUP REMOTE ORDER PICKUP
PANDA EXPRESS
MAJOR ALDI N2 CO2 N2 F F F
PARCEL 4
N.A.P.
PER SEPARATE CUP APPROVAL
RESOLUTION NUMBER 2020-55 ©
Know what's
before you dig.
below. Call 811 R NOT FOR CONSTRUCTION FOUNTAINHEAD PLAZA PREPARED FOR FOUNTAINHEAD DEVELOPMENT 1 OF 2
NORTH
SITE CONSTRUCTION NOTES
LEGEND
NOTE
Item 32.
FIRST STREET CAESAR CHAVEZ STREET
PARCEL 1
PARCEL 3
MOBILE ORDER PICKUP
PAD 1
STARBUCKS
2,028 SQ. FT.
PARCEL 2
MOBILE ORDER PICKUP MOBILE ORDER PICKUP
FUTURE
EV
CAV CAV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
FUTURE
EV
REMOTE ORDER PICKUP REMOTE ORDER PICKUP REMOTE ORDER PICKUP REMOTE ORDER PICKUP REMOTE ORDER PICKUP
PANDA EXPRESS
MAJOR ALDI
N2 CO2 N2
F F
F
PARCEL 4
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
OHC
N.A.P.
PER SEPARATE CUP APPROVAL
RESOLUTION NUMBER 2020-55
©
Know what's
before you dig.
below. Call 811
R
NOT FOR CONSTRUCTION FOUNTAINHEAD PLAZA PREPARED FOR FOUNTAINHEAD DEVELOPMENT 2 OF 2
NORTH
LEGEND
IRRIGATION
FIRE WATER
SEWER CONSTRUCTION NOTES
GENERAL NOTE
DOMESTIC WATER
Item 32.
Item 32.
Item 32.
Item 32.
Item 32.
*
LOCATION OF RTU
BEYOND, TYP.
SIGNAGE UNDER
SEPARATE REVIEW, TYP.
ROOFDECK BEYOND,
TYP.
T
*
SIGNAGE UNDER
SEPARATE REVIEW, TYP.
ROOFDECK BEYOND,
TYP.
LOCATION OF RTU
BEYOND, TYP.
ROOFDECK BEYOND,
TYP.
LOCATION OF RTU
BEYOND
TENANT TENANT
SIGNAGE UNDER
SEPARATE REVIEW, TYP.
LOCATION OF RTU
BEYOND, TYP.
ROOFDECK BEYOND,
TYP.
EXTERIOR
SWITCHGEAR
NEC CESAR CHAVEZ STREET & FIRST STREET
COACHELLA, CALIFORNIA
ELEVATIONS
Scale: 1/8" = 1'-0"
September 24, 2021
P:\19\19682 - Coachella, First & Harrison Starbucks Shell CDs\Design\Elevations\x19682 - Design Elevations.dwg
B I C K E L G R O U P
A R C H I T E C T U R E
BIC K E L GR O U P IN C O RPO RAT E D
3600 BIR C H S TRE E T, S U IT E 120
N E W P O R T B E A C H , C A 9 2 6 6 0
P: 949.757.0411 F: 949.757.0511
w w w . b i c k e l g r p . c o m
EAST ELEVATION
SOUTH ELEVATION NORTH ELEVATION
WEST ELEVATION
HARDIE PANEL W/PAINT
SHERWIN WILLIAMS
"MEGA GREIGE"
SW7031
PLASTER
SHERWIN WILLIAMS
"PACER WHITE"
SW6098
PLASTER
SHERWIN WILLIAMS
"SPALDING GREY"
SW6074
CORNICE/
PATIO TRELLIS
SHERWIN WILLIAMS
"HOMESTEAD BROWN"
SW7515
STOREFRONT & CANOPYDARK BRONZE
ANODIZED ALUMINUM
METAL DOOR
SHERWIN WILLIAMS
"MEGA GREIGE"
SW7031
METAL DOOR
SHERWIN WILLIAMS
"PACER WHITE"
SW6098 NOTE:
ALL COLORS/MATERIALS TO BE
CONFIRMED WITH PHYSICAL SAMPLES
WHEN POSSIBLE.
Item 32.
Item 32.
Item 32.
Item 32.
A-202
1 Scale= N.T.S.
RENDER
A-202
2 Scale= N.T.S.
RENDER
A-202
4 Scale= N.T.S.
RENDER
A-202
3 Scale= N.T.S.
RENDER
ARCH PROJECT #: PANDA PROJECT #:
DRAWN BY:
ISSUE DATE:REVISIONS:
All ideas, designs, arrangement and plans indicated or
represented by this drawing are the property of Panda
Express Inc. and were created for use on this specific project.
None of these ideas, designs, arrangements or plans may be used by or disclosed to any person, firm, or corporation without the written permission of Panda Express Inc.
1683 Walnut Grove Ave.
Rosemead, California
91770
Telephone: 626.799.9898
Facsimile: 626.372.8288
PANDA EXPRESS, INC.
PANDA EXPRESS
HARRISON & AVE 50
COACHELLA, CA 92236
S8-22-D822619-317
RR/CL/JL
1ST 1ST CUP SUBMITTAL 10-11-21
Item 32.
Item 32.
Item 32.
1 2 3 4 5 6 7 8 11 12 13 14 9 10 57 58 55 56 53 54 51 52 49 50 47 48 34 35 36 2327 2824 29 30 25 26 31 32 33 37 38 39 40 41 42 43 44 45 46 15 16 17 18 19 20 21 22 DINING ROOM 100 TOTAL SQ. FT. = 919 SQ. FT. SEATS = 58 VESTIBULE 108 TOTAL SQ. FT. = 66 SQ. FT. MEN'S RESTROOM 106 WALK-IN FREEZER 105A TOTAL SQ. FT. = 51 SQ. FT. WALK-IN COOLER 105 TOTAL SQ. FT. = 120 SQ. FT. KITCHEN PREP 104 TOTAL SQ. FT. = 335 SQ. FT. DRIVE-THRU STATION 102 TOTAL SQ. FT. = 134 SQ. FT. SERVICE AREA 101 TOTAL SQ. FT. = 305 SQ. FT. KITCHEN AREA 103 TOTAL SQ. FT. = 221 SQ. FT. TOTAL SQ. FT. = 55 SQ. FT. STORAGE ROOM 109 TOTAL SQ. FT. = 11 SQ. FT. WOMEN'S RESTROOM 107 TOTAL SQ. FT. = 56 SQ. FT. ROOF OUTLINE ABOVE DT WINDOW CANOPY ABOVE ROOF OUTLINE ABOVE PATIO CANOPY ABOVE UTILITY CLOSET 110 TOTAL SQ. FT. = 27 SQ. FT. 3'-10" 3'-9" 4'-2" 3'-7" 1'-1012"
1'-8"
5'-1012" 5'-712" 3'-812" 4'-312" 3'-812"
1'-8" 4'-112"
1'-1012" 4'-6"
5'-8"
4'-3" 4'-8"4'-0" 4'-3" 4'-4"
2'-11"
3'-6"
3'-0" 3'-512"
4'-812" 3'-7"
3'-5" 3'-7" 3'-712" A-101 FLOOR PLAN N A-101 1 Scale= 1/4" = 1'-0" FLOOR PLAN A-101 2 Scale= NTS NOT USED ARCH PROJECT #: PANDA PROJECT #: DRAWN BY: ISSUE DATE: REVISIONS: All ideas, designs, arrangement and plans indicated or represented by this drawing are the property of Panda Express Inc. and were created for use on this specific project. None of these ideas, designs, arrangements or plans may be used by or disclosed to any person, firm, or corporation without the written permission of Panda Express Inc. 1683 Walnut Grove Ave. Rosemead, California 91770 Telephone: 626.799.9898 Facsimile: 626.372.8288 PANDA EXPRESS, INC. PANDA EXPRESS HARRISON & AVE 50 COACHELLA, CA 92236 S8-22-D8226 19-317 RR/CL/JL 1ST 1ST CUP SUBMITTAL 10-11-21 Page 727 Item 32.
BACK ELEVATION
7'-0" 1'-6"
8'-6" EIFS-1 MTL-1 EIFS-1 SIDE ELEVATION
8'-6"
7'-0" 1'-6" EIFS-1 MTL-1 EIFS-1 SIDE ELEVATION
8'-6"
7'-0" 1'-6" EIFS-1 MTL-1 EIFS-1
1'-0" 14'-0" 4" 8" 24'-0" 8" 25'-4"
4'-8" 12'-0" 12'-0" 8" 11'-0" CLEAR
10'-0" 4'-0" 5'-8" 5'-8" 11'-0" CLEAR 5'-8" 5'-8" 4"
8'-8" 6" DIA STEEL PIPE BOLLARD 5" DIA EXTRA-STRONG GALV. STEEL GATE POST WITH CONCRETE FILL - PROVIDE PAINT FINISH 1" DIA. STEEL SLEEVE SET IN CONC. SLAB TO KEEP DOOR FIXED IN OPEN POSITION REF. CIVIL DRAWINGS FOR PAVING INFORMATION ℄ ℄ ℄ 8" 8" 02 A-407 A-407 03 ℄ ℄ 04 A-407 FLOOR PLAN TRELLIS ABOVE
POSITIVE DRAINAGE
SLOPE DOWN FOR
POSITIVE DRAINAGE
SLOPE DOWN FOR NOTE: FLOOR OF DUMPSTER AREA MUST BE BROOM FINISH AND SEALED WITH (AQUA MIX SEALER'S CHOICE GOLD) CEMENT SEALER. 05 A-407 ℄ ℄ 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 4'-0" 1'-2" ℄ ℄ ℄ FD ℄ ℄ ℄ 6" DIA STEEL PIPE BOLLARD. PAINT SAFETY YELLOW. (NO LDPE SLEEVE REQUIRED FOR THESE FOUR BOLLARDS) FRONT ELEVATION 3'-2"
7'-0" 1'-6" NOTE: THE TRASH ENCLOSURE EXTERIOR CMU WALLS TO HAVE EIFS (COATING) FINISH TO MATCH BUILDING TEXTURE - SEE: A-200 TRASH ENCLOSURE WALLS AND GATE COLOR SHALL MATCH INTERIOR WALLS SHALL BE SMOOTH, CLEANABLE AND SEALED WITH AN APPROVED EPOXY CEMENT SEALER. COLOR TO MATCH EXTERIOR. EIFS-1 1 3/8" 18 GA. CORRUGATED GALVANIZED STEEL DECKING WELDED TO FRAME, PRIME AND PAINT ALL SIDES TO MATCH ADJACENT SURFACE NOTE: ANY DIAGONAL SUPPORT FOR GATES SHALL BE INSTALLED ON THE INSIDE OF ENCLOSURE. THIS SHALL NOT BE VISIBLE ON THE OUTSIDE OF THE GATE. NOTE: CONTRACTOR TO SUPPLY & INSTALL ALL HINGES, GATE LATCHES, CANE BOLTS, ETC. AS INDICATED. EIFS-1 MTL-1 METAL TRELLIS W / SLOPED CORRUGATED METAL ROOF. 8'-6" A-407 1 Scale= 3/8" = 1'-0" PLAN ARCH PROJECT #: PANDA PROJECT #: DRAWN BY: ISSUE DATE: REVISIONS: All ideas, designs, arrangement and plans indicated or represented by this drawing are the property of Panda Express Inc. and were created for use on this specific project. None of these ideas, designs, arrangements or plans may be used by or disclosed to any person, firm, or corporation without the written permission of Panda Express Inc. 1683 Walnut Grove Ave. Rosemead, California 91770 Telephone: 626.799.9898 Facsimile: 626.372.8288 PANDA EXPRESS, INC. PANDA EXPRESS HARRISON & AVE 50 COACHELLA, CA 92236 S8-22-D8226 19-317 RR/CL/JL 1ST 1ST CUP SUBMITTAL 10-11-21 A-407 2 Scale= 3/8" = 1'-0" ELEVATION A-407 3 Scale= 3/8" = 1'-0" ELEVATION A-407 4 Scale= 3/8" = 1'-0" ELEVATION A-407 5 Scale= 3/8" = 1'-0" ELEVATION Page 728 Item 32.
Scale: Drawing No.
Project No.
Date:
Project Architect/Engineer Date:
Date:
Date:
Inc.
(951) 530-5750
(951) 530-5775 fax
12661 Aldi Place
Moreno Valley, CA 92555-6703
As Noted
Drawn By:
Type: RHSDV7ER
Date:
Date:
Date:
Issued:
Revisions:
Drawing Name:
Project Name & Location:
Seal Seal
Project Lead
Project Designer
ALDI Inc.
Architect/Engineer Name
Lead Name
Designer Name
##/##/##
##/##/##
##/##/##
Coachella
20-197
NEC Harrison St. & Fist St.
City of Coachella, CA,
Riverside County
Store #: ##
Conceptual Elevations
RT CEE-1
ACP PANELS
"BRIGHT SILVER"
NICHIHA FIBER
CEMENT PANELS
VINTAGE WOOD
"BARK"
SPANDREL GLASS
CERAMIC FRIT-COATED
OLDCASTLE "CHARCOAL"
PRE-FINISHED METAL
COPING TO MATCH
VALSPAR PAINTS
"AGED BRONZE"
ALDI
SIGN
WINDOW
GRAFIX
ALUMINUM ANODIZED
STOREFRONT SYSTEM
NICHIHA FIBER
CEMENT PANELS
VINTAGE WOOD
"BARK"
ALUMINUM ANODIZED
STOREFRONT SYSTEM
CLEAR
GLASS
ACP PANELS
"BRIGHT SILVER"
PRE-FINISHED METAL
COPING TO MATCH
VALSPAR PAINTS
"AGED BRONZE"
CLEAR
GLASS
8" x 8" x 16"
ANGELUS PRECISION
CMU- "MERLOT"
PRE-FINISHED METAL
COPING TO MATCH
VALSPAR PAINTS
"SIERRA TAN"
MEMBRANE
ROOFING
"GRAY"
ACP PANELS
"BRIGHT SILVER"
SW 6089
"GROUNDED"
ACP PANELS
"BRIGHT SILVER"
MEMBRANE
ROOFING
"GRAY"
8" x 8" x 16"
ANGELUS PRECISION CMU
"JARED TAN"
PRE-FINISHED METAL
COPING TO MATCH
VALSPAR PAINTS
"SIERRA TAN"
8" x 8" x 16"
ANGELUS PRECISION CMU
"JARED TAN"
PRE-FINISHED METAL
COPING TO MATCH
VALSPAR PAINTS
"SIERRA TAN"
ALDI
SIGN
SW 6089 SW 6089
"GROUNDED" "GROUNDED"
METAL TRELLIS
SW 7632
"MODERNGRAY"
METAL TRELLIS
SW 7632 "MODERN
GRAY"
8" x 8" x 16"
ANGELUS PRECISION CMU
"JARED TAN"
8" x 8" x 16"
ANGELUS PRECISION
CMU-"TAN"
8" x 8" x 16"
ANGELUS PRECISION
CMU-"TAN"
8" x 8" x 16"
ANGELUS PRECISION
CMU-"TAN"
8" x 8" x 16"
ANGELUS PRECISION
CMU-"TAN"
16'
8" x 8" x 16"
ANGELUS PRECISION
CMU- "MERLOT"
8" x 8" x 16"
ANGELUS PRECISION
CMU-"TAN"
8" x 8" x 16"
ANGELUS PRECISION
CMU-"TAN"
10'
TOP OF
RTU SCREEN
TOP OF
RTU SCREEN TOP OF
RTU SCREEN TOP OF
RTU SCREEN
10'
CLEAR
GLASS
8" x 8" x 16"
ANGELUS PRECISION
CMU-"TAN"
8" x 8" x 16"
ANGELUS PRECISION
CMU-"TAN"
Front Elevation
2 SCALE: 1/8"=1'-0"
Side Elevation
1 SCALE: 1/8"=1'-0"
Side Elevation
3 SCALE: 1/8"=1'-0"
Rear Elevation
4 SCALE: 1/8"=1'-0" 12.13.121
Item 32.
FIN. FLOOR
0'-0"
FIN. FLOOR
0'-0"
T.O. MASONRY
18'-8"
T.O. STUD
19'-8"
B.O. CANOPY
11'-2"
OPGN
9'-6"
OPNG
7'-11 5/8"
EQ EQ 4'-6"
TYP
16'-2"
TOWER - T.O. STEEL LOW
22'-1 1/2"
TOWER - T.O. STEEL HEIGHT
28'-9"
21'-2" C.L. OF SIGN
FIN. FLOOR
0'-0"
FIN. FLOOR
0'-0"
T.O. MASONRY
18'-8"
T.O. STUD
19'-8"
B.O. CANOPY
11'-2"
21'-2" C.L. SIGN
SIGN OPNG
7'-11 5/8"
4'-6"
EQ EQ
TYP
16'-2"
TOWER - T.O. STEEL HEIGHT
28'-9"
BEYOND
OPGN
9'-6"
12'-8"
16'-0"
1 3/4"
3'-9" 10'-0"
1 3/4" 2'-8" 2'-8"
22'-8"
11'-2"
Scale: Drawing No.
Project No.
Date:
Project Architect/Engineer Date:
Date:
Date:
PLOTTED:
Inc.
(951) 530-5750
(951) 530-5775 fax
12661 Aldi Place
Moreno Valley, CA 92555-6703
As Noted
Drawn By:
Type: RHSDV7ER
Date:
Date:
Date:
Issued:
Revisions:
Drawing Name:
Project Name & Location:
Seal Seal
Project Lead
Project Designer
ALDI Inc.
Planning Submittal 09/29/21
Architect/Engineer Name
Lead Name
Designer Name
##/##/##
##/##/##
##/##/##
9/29/2021 1:48:39 PM
Conceptual Exterior
Elevations
A-201
Coachella
20-197
SF
NEC Harrison St. & First St.
City of Coachella, CA,
Riverside County
Store #: ##
A34 CONCRETE SPLASHBLOCK ROOF DRAIN TO DAYLITE AT FACE OF WALL AT +18"AFS A33 QUARTER CART SIGN
A32 PRE-FINISHED EXTERIOR LOUVER VENT MATCH PREFINISHED ACCESS DOOR FINISH PROVIDE INSECT SCREEN. RE: DETAIL B3/A503 A31 ROOF TOP SCREENING RE: DWG A121 RE: DETAIL A3/A504
A30 DUMPSTER ENCLOSURE RE: DWG. A508
A29 [OPT] CEMENT PLASTER SW7632 MODERN GRAY SEE SPEC FOR ADDITIONAL INFO A29 [OPT] BERRIDGE MANUFACTURING CEE-LOCK PANEL LEAD-COTE SEE SPEC FOR ADDITIONAL INFO A28 NICHIHA FIBER CEMENT PANEL BASE FLASHING PETERSEN ALUMINUM - 'AGED BRONZE' A27 ACP H/J TRIM / JOINT COVER TYPICAL AT EDGES AND BUTT JOINTS OF ACP A26 8" X 8" PRE-FINISHED ALUM DOWNSPOUT MATCH PREFINISHED METAL COPING TERMINATE AT CONC. SPLASH BLOCK A25 8" X 8" PRE-FINISHED ALUM GUTTER MATCH PREFINISHED METAL COPING A23 AUTO DOOR SYSTEM & TRANSOM ANODIZED ALUMINUM RE. DWG A601 & A602 A22 KNOX BOX FACTORY FINISH CONFIRM TYPE AND LOCATION WITH LOCAL FIRE MARSHAL A21 CRTB NATURAL RE: DWG A603 - SEE STRUCTURAL DWGS
A20 ALDI TOWER SIGN BY SIGN VENDOR 7'-11 1/8" W. x 9'-5 1/2" H.; VERIFY SIGN SIZE PRIOR TO FRAMING OPENING SEE DETAIL C1/A504 A19 ARCHITECTURAL CAST STONE CAP CDI G040 “OLD PEWTER” SEE SPEC FOR ADDITIONAL INFORMATION A18 OVERFLOW SCUPPER FACTORY FINISH COLOR TO MATCH ROOF COPING A17 MASONRY CONTROL JOINT MAX 30' OC RE: DWG. A201
A16 DOCK LEVELER / SEAL AND BUMPERS LEVELER - FACTORY FINISH / SEAL AND
BUMPERS - FACTORY FINISH - BLACK
A15 CART STARTER POST GALVANIZED
A14 GUARD RAIL TYPE "B" GALVANIZED STEEL RE: DWG B2/A507 A13 GUARD RAIL TYPE "A" GALVANIZED STEEL RE: DWG B2/A507 A12 BLRD-4 CG-8106 BK CHROMA HSE PE RE: DWG A603
A11 BLRD-2 PT-19 / CL-4 RE: DWG A603
A10 NICHIHA FIBER CEMENT CLADDING VINTAGE WOOD "BARK"
CONTACT NICHIHA AT 770-805-9466 FOR ORDERING. SEE SPEC FOR TRIM REQUIREMENTS AND ADDITIONAL INFO. ALL INCLUDED TRIM ('H', 'J', 'L', CORNER, ETC) TO MATCH FCP. NICHIHA PANELS SHALL EXTEND ONTO THE ROOF FOR THE FULL DEPTH OF THE BUMPOUT, SEE SHEET A-121 ROOF PLAN FOR REFERENCE.
A9 ALUMINUM COMPOSITE PANEL BRIGHT SILVER PROVIDE PANEL JOINTS AS SHOWN - PROVIDE ONE PIECE TIGHT FIT EXTRUDED MOLDING INSTALLATION SYSTEM WITH CENTER REVEAL TRIM BETWEEN PANELS AND J TRIM AT PANEL EDGES.
A8 ALUMINUM STOREFRONT SYSTEM ANODIZED ALUM. SEE A-603 AND SPECS FOR GLASS TYPE.
A7 EXTERIOR PAINT PT-19 / CL-9 RE: DWG. A603
A6a METAL SOFFIT PANELS 1/2" VENTED PANELS - BRIGHT SILVER RE: DWG. A301-A304 A6 METAL SOFFIT PANELS SOLID PANELS - BRIGHT SILVER RE: DWG. A301-A304 A5 MEMBRANE ROOFING GRAY TOP OF SLOPED ROOF, CANOPY ROOF, AND BACK OF RAISED ROOF PROJECTIONS - SEE SPECIFICATIONS APPENDIX "B"
A4 ALUMINUM STOREFRONT - FRONT SET GLAZING ANODIZED ALUM. SHADED WINDOWS ARE SPANDREL, REFER TO SHEET A602 A3a PRE-FINISHED METAL COPING PETERSEN ALUMINUM - 'AGED BRONZE' SEE SPEC FOR ADDITIONAL INFO A3 PRE-FINISHED ALUM. SILL BRIGHT SILVER SEE SPEC FOR ADDITIONAL INFO A2a [OPT] 8" X 4" X 16" PRECISION CMU BY ECHELON
MASONRY
JARED TAN w/ HOLCIM
"SANDBEIGE" MORTAR
MORTAR ALT: SOLOMON "37H DEEP BROWN"
A2 8" X 8" X 16" PRECISION CMU BY ECHELON
MASONRY
JARED TAN w/ HOLCIM
"SANDBEIGE" MORTAR
MORTAR ALT: SOLOMON "37H DEEP BROWN"
A1c [OPT] PRE-FINISHED METAL COPING ZINC AT STANDING SEAM METAL WALL SEE SPEC FOR ADDITIONAL INFO A1c [OPT] PRE-FINISHED METAL COPING GRANITE AT PLASTER WALL SEE SPEC FOR ADDITIONAL INFO A1b PRE-FINISHED METAL COPING AGED BRONZE - AT NICHIHA TOWERS SEE SPECIFICATIONS APPENDIX 'B' A1a PRE-FINISHED METAL COPING SIERRA TAN - AT CMU SEE SPECIFICATIONS APPENDIX 'B' A1 PRE-FINISHED METAL COPING SILVER AT HIGH ROOF AND CANOPY SEE SPECIFICATIONS APPENDIX 'B' KEY MATERIAL / MFG. COLOR / NO. NOTES
EXTERIOR FINISH SCHEDULE
ALIGN KEY
A: ALIGN NICHIHA PANEL JOINTS AND WINDOW MULLIONS
B: ALIGN ALUMINUM COMPOSITE PANEL JOINTS AND WINDOW MULLIONS C: ALIGN NICHIHA PANEL JOINTS, ALUMINUM COMPOSITE PANEL JOINTS & WINDOW MULLIONS GLAZING KEY RE: DWG A602
P3 GAS METER FACTORY FINISH SEE PLUMBING DWGS
P2 RPZ DISCHARGE FACTORY FINISH SEE PLUMBING DWGS
P1 HOSE BIB FACTORY FINISH SEE PLUMBING DWGS AND FLOOR PLAN F2 MOTOR GONG FACTORY FINISH SEE FIRE PROTECTION DWGS
F1 FIRE DEPARTMENT CONNECTION FACTORY FINISH SEE FIRE PROTECTION DWGS E8 AIR SAMPLING CONTROL DETECTION PANEL FACTORY FINISH SEE ELECTRICAL DWGS E7 GENERATOR QUICK CONNECT FACTORY FINISH SEE ELECTRICAL DWGS E6 EXTERIOR DUPLEX RECEPTACLE FACTORY FINISH MOUNT @ 1'-6" A.F.F. IN 4" SQUARE J-BOX E5 EXTERIOR WALL PACK FACTORY FINISH MAN DOORS - MOUNT @ 9'-0" A.F.F.; LOADING DOCK - MOUNT @ 12'-0" A.F.F.
E4 UTILITY METERING & C.T. FACTORY FINISH SEE ELECTRICAL DWGS E3 FUSED DISCONNECT FACTORY FINISH SEE ELECTRICAL DWGS
E2 WALL SCONCE FACTORY FINISH MOUNT @ 16'-2" A.F.F.; RE: DWG. A111 FOR DIMENSIONS E1 EXIT DISCHARGE FACTORY FINISH MOUNT @ 8'-0" A.F.F.
KEY MATERIAL / MFG. COLOR / NO. NOTES
EXTERIOR FINISH SCHEDULE
1 SCALE: 1/8" = 1'-0"
Side Elevation
2 SCALE: 1/8" = 1'-0"
Front Elevation
Item 32.
FIN. FLOOR
0'-0"
FIN. FLOOR
0'-0"
T.O. MASONRY18'-8" T.O. STUD
19'-8"
B.O. CANOPY
11'-2"
TOWER - T.O. STEEL LOW22'-1 1/2"
TOWER - T.O. STEEL HEIGHT
28'-9"
FIN. FLOOR0'-0"
FIN. FLOOR
0'-0"
T.O. MASONRY
18'-8"
TOWER - T.O. STEEL HEIGHT28'-9"
Scale: Drawing No.
Project No.
Date:
Project Architect/Engineer Date:
Date:Date:
PLOTTED:
Inc.
(951) 530-5750
(951) 530-5775 fax
12661 Aldi Place
Moreno Valley, CA 92555-6703
As Noted
Drawn By:Type: RHSDV7ERDate:
Date:Date:
Issued:Revisions:
Drawing Name:Project Name & Location:Seal SealProject LeadProject DesignerALDI Inc.
Planning Submittal 09/29/21
Architect/Engineer NameLead NameDesigner Name
##/##/####/##/####/##/##
10/14/2021 11:25:25 AM
Conceptual ExteriorElevations
A-202
Coachella
20-197
08/14/20
NEC Harrison St. & First St.City of Coachella, CA,Riverside County Store #: ##
A34 CONCRETE SPLASHBLOCK ROOF DRAIN TO DAYLITE AT FACE OF WALL AT +18"AFSA33 QUARTER CART SIGNA32 PRE-FINISHED EXTERIOR LOUVER VENT MATCH PREFINISHED ACCESS DOOR FINISH PROVIDE INSECT SCREEN. RE: DETAIL B3/A503A31 ROOF TOP SCREENING RE: DWG A121 RE: DETAIL A3/A504A30 DUMPSTER ENCLOSURE RE: DWG. A508 A29 [OPT] CEMENT PLASTER SW7632 MODERN GRAY SEE SPEC FOR ADDITIONAL INFOA29 [OPT] BERRIDGE MANUFACTURING CEE-LOCK PANEL LEAD-COTE SEE SPEC FOR ADDITIONAL INFO A28 NICHIHA FIBER CEMENT PANEL BASE FLASHING PETERSEN ALUMINUM - 'AGED BRONZE'A27 ACP H/J TRIM / JOINT COVER TYPICAL AT EDGES AND BUTT JOINTS OF ACPA26 8" X 8" PRE-FINISHED ALUM DOWNSPOUT MATCH PREFINISHED METAL COPING TERMINATE AT CONC. SPLASH BLOCKA25 8" X 8" PRE-FINISHED ALUM GUTTER MATCH PREFINISHED METAL COPINGA23 AUTO DOOR SYSTEM & TRANSOM ANODIZED ALUMINUM RE. DWG A601 & A602A22 KNOX BOX FACTORY FINISH CONFIRM TYPE AND LOCATION WITH LOCAL FIRE MARSHALA21 CRTB NATURAL RE: DWG A603 - SEE STRUCTURAL DWGSA20 ALDI TOWER SIGN BY SIGN VENDOR 7'-11 1/8" W. x 9'-5 1/2" H.; VERIFY SIGN SIZE PRIOR TO FRAMING OPENING SEE DETAIL C1/A504A19 ARCHITECTURAL CAST STONE CAP CDI G040 “OLD PEWTER” SEE SPEC FOR ADDITIONAL INFORMATIONA18 OVERFLOW SCUPPER FACTORY FINISH COLOR TO MATCH ROOF COPINGA17 MASONRY CONTROL JOINT MAX 30' OC RE: DWG. A201A16 DOCK LEVELER / SEAL AND BUMPERS LEVELER - FACTORY FINISH / SEAL AND BUMPERS - FACTORY FINISH - BLACKA15 CART STARTER POST GALVANIZEDA14 GUARD RAIL TYPE "B" GALVANIZED STEEL RE: DWG B2/A507A13 GUARD RAIL TYPE "A" GALVANIZED STEEL RE: DWG B2/A507A12 BLRD-4 CG-8106 BK CHROMA HSE PE RE: DWG A603A11 BLRD-2 PT-19 / CL-4 RE: DWG A603A10 NICHIHA FIBER CEMENT CLADDING VINTAGE WOOD "BARK" CONTACT NICHIHA AT 770-805-9466 FOR ORDERING. SEE SPEC FOR TRIM REQUIREMENTS ANDADDITIONAL INFO. ALL INCLUDED TRIM ('H', 'J', 'L', CORNER, ETC) TO MATCH FCP. NICHIHA PANELS SHALL EXTEND ONTO THE ROOF FOR THE FULL DEPTH OF THE BUMPOUT, SEE SHEET A-121ROOF PLAN FOR REFERENCE.
A9 ALUMINUM COMPOSITE PANEL BRIGHT SILVER PROVIDE PANEL JOINTS AS SHOWN - PROVIDE ONE PIECE TIGHT FIT EXTRUDED MOLDING INSTALLATION SYSTEM WITH CENTER REVEAL TRIM BETWEEN PANELS AND J TRIM AT PANEL EDGES.A8 ALUMINUM STOREFRONT SYSTEM ANODIZED ALUM. SEE A-603 AND SPECS FOR GLASS TYPE.A7 EXTERIOR PAINT PT-19 / CL-9 RE: DWG. A603 A6a METAL SOFFIT PANELS 1/2" VENTED PANELS - BRIGHT SILVER RE: DWG. A301-A304 A6 METAL SOFFIT PANELS SOLID PANELS - BRIGHT SILVER RE: DWG. A301-A304A5 MEMBRANE ROOFING GRAY TOP OF SLOPED ROOF, CANOPY ROOF, AND BACK OF RAISED ROOF PROJECTIONS - SEE SPECIFICATIONS APPENDIX "B"A4 ALUMINUM STOREFRONT - FRONT SET GLAZING ANODIZED ALUM. SHADED WINDOWS ARE SPANDREL, REFER TO SHEET A602 A3a PRE-FINISHED METAL COPING PETERSEN ALUMINUM - 'AGED BRONZE' SEE SPEC FOR ADDITIONAL INFO A3 PRE-FINISHED ALUM. SILL BRIGHT SILVER SEE SPEC FOR ADDITIONAL INFO A2a [OPT] 8" X 4" X 16" PRECISION CMU BY ECHELON MASONRY JARED TAN w/ HOLCIM "SANDBEIGE" MORTAR MORTAR ALT: SOLOMON "37H DEEP BROWN" A2 8" X 8" X 16" PRECISION CMU BY ECHELON MASONRY JARED TAN w/ HOLCIM "SANDBEIGE" MORTAR MORTAR ALT: SOLOMON "37H DEEP BROWN" A1c [OPT] PRE-FINISHED METAL COPING ZINC AT STANDING SEAM METAL WALL SEE SPEC FOR ADDITIONAL INFOA1c [OPT] PRE-FINISHED METAL COPING GRANITE AT PLASTER WALL SEE SPEC FOR ADDITIONAL INFO A1b PRE-FINISHED METAL COPING AGED BRONZE - AT NICHIHA TOWERS SEE SPECIFICATIONS APPENDIX 'B'A1a PRE-FINISHED METAL COPING SIERRA TAN - AT CMU SEE SPECIFICATIONS APPENDIX 'B' A1 PRE-FINISHED METAL COPING SILVER AT HIGH ROOF AND CANOPY SEE SPECIFICATIONS APPENDIX 'B' KEY MATERIAL / MFG. COLOR / NO. NOTES
EXTERIOR FINISH SCHEDULE
ALIGN KEY
A: ALIGN NICHIHA PANEL JOINTS AND WINDOW MULLIONSB: ALIGN ALUMINUM COMPOSITE PANEL JOINTS AND WINDOW MULLIONSC: ALIGN NICHIHA PANEL JOINTS, ALUMINUM COMPOSITE PANEL JOINTS & WINDOW MULLIONS GLAZING KEY RE: DWG A602
P3 GAS METER FACTORY FINISH SEE PLUMBING DWGSP2 RPZ DISCHARGE FACTORY FINISH SEE PLUMBING DWGSP1 HOSE BIB FACTORY FINISH SEE PLUMBING DWGS AND FLOOR PLAN F2 MOTOR GONG FACTORY FINISH SEE FIRE PROTECTION DWGSF1 FIRE DEPARTMENT CONNECTION FACTORY FINISH SEE FIRE PROTECTION DWGS E8 AIR SAMPLING CONTROL DETECTION PANEL FACTORY FINISH SEE ELECTRICAL DWGSE7 GENERATOR QUICK CONNECT FACTORY FINISH SEE ELECTRICAL DWGSE6 EXTERIOR DUPLEX RECEPTACLE FACTORY FINISH MOUNT @ 1'-6" A.F.F. IN 4" SQUARE J-BOXE5 EXTERIOR WALL PACK FACTORY FINISH MAN DOORS - MOUNT @ 9'-0" A.F.F.; LOADING DOCK - MOUNT @ 12'-0" A.F.F.E4 UTILITY METERING & C.T. FACTORY FINISH SEE ELECTRICAL DWGSE3 FUSED DISCONNECT FACTORY FINISH SEE ELECTRICAL DWGSE2 WALL SCONCE FACTORY FINISH MOUNT @ 16'-2" A.F.F.; RE: DWG. A111 FOR DIMENSIONSE1 EXIT DISCHARGE FACTORY FINISH MOUNT @ 8'-0" A.F.F.
KEY MATERIAL / MFG. COLOR / NO. NOTES
EXTERIOR FINISH SCHEDULE
3 SCALE: 1/8" = 1'-0" Side Elevation4 SCALE: 1/8" = 1'-0" Rear Elevation
Item 32.
SB SB
1 2 1
5 5
A A
B B
C C
D D
A.4
A.5
A.9
B.5
B.8
A.3
2.7 2.3 1.8 1.5 1.3
1.1 1.1
B.2
4.9 4.9 1.2
A.1
3.2 2.1
A.2
4.1 4.6 4.2 4.1 4.05 4
4 B.7
6 6
5.9 5.9 5.4
SALES
102
RESTROOM 2
103
RESTROOM 1
104
OFFICE
107
BREAK ROOM
106
BACK ROOM
109
UTILITY AREA
108
VESTIBULE
101
16 DOOR COOLER
112
16 DOOR FREEZER
111
22'-0" x 65'-0"
VERIFY COOLER SIZE WITH ALDI REP
BEFORE CONSTRUCTION BEGINS
16'-0" x 43'-7"
VERIFY FREEZER SIZE WITH ALDI REP
BEFORE CONSTRUCTION BEGINS
TRUCK WELL
CATCH BASIN -
SEE CIVIL DWGS
PORCELAIN TILE CONTROL JOINTS -
COORDINATE LOCATION WITH TILE
INSTALLER AND ALDI
REPRESENTATIVE; JOINT TO BE
PLACED UNDER SHELVING
SEAM FOR STAINLESS ON
THIS SIDE, TYP.
NO UPLIGHT FIXTURE @ MDU
ABOVE
CANOPY
BELOW
CANOPY
SEAM FOR
STAINLESS ON
THIS SIDE, TYP.
ALIGN FACE OF STUD @
SOFFIT W/ STUD ABOVE
FREEZER
REFER TO DWG A-111 FOR
WALLS THAT EXTEND TO
UNDERSIDE OF DECK
DRINKING
FOUNTAINS
I
H
G ABOVE ABOVE CANOPY
M.O.
8'-8" 28'-0"
2'-8"
M.O.
3'-4" 6'-0"
M.O.
8'-0" 4'-8"
202'-8" [OVERALL BUILDING]
INSULATE COLUMN INSIDE OF
COOLER W/ EXPANDING FOAM TO
3'-0" ABOVE TOP OF COOLER BOX
56'-6"
119'-4" [OVERALL BUILDING]
3'-11 5/8" 12'-8 5/8" 7" 4'-1" 72'-9 3/4" 2'-1 3/4"
10'-4 1/2" 43'-7"
21'-0 1/2"
16'-0"
17'-11"
25'-4" 22'-1 1/2" 10 1/2"
8"
23'-0"
TYP.
1'-0" 8"
24'-0" CLEAR
10'-0"
DUMPSTER
HALL
105
REF. EVAP.
ABOVE TYP
COLUMN GRID DIMS
OVERALL DIMS
BLDG BUMP OUT DIMS
MASONRY DIMS
COLUMN GRID DIMSOVERALL DIMS
OVERALL DIMS
COLUMN GRID DIMS
MASONRY DIMS
FD
DN
MEAT COOLER
113
12'-0"
12'-0" x 17'-0"
SS-1
2'-0"
CLR.
74'-8 1/4"
FD
G
F
E
SLOPECONC.
E-COMMERCE
110
MIRR.
202'-8" [OVERALL BUILDING]
49'-8" 35'-10" 39'-2" 45'-3 1/2" 32'-8 1/2"
4" 4"
00 OVERALL DIMS
COLUMN GRID DIMS 22'-9" 49'-10" 46'-5" 4"
119'-4" [OVERALL BUILDING]
40'-0" 18'-4" 11'-4" 46'-4" 3'-4"
4" 49'-4" 19'-4" 15'-4" 15'-4" 1'-2" 43'-6" 15'-7 1/2" 15'-4" 3'-7" 6'-0" 17'-3 1/2" 1"
1" 4"
6"
MASONRY DIMS / BLDG BUMP OUT DIMS
49'-4" 15'-0" 40'-0" 35'-2 7/8" 39'-5 1/8"
4'-11" 30'-2" R.O. (30'-0" WINDOW) 4'-11" 8'-11" 10'-0" 10'-0" 6'-2" 5'-3 5/8" 30'-2" R.O. (30'-0" WINDOW) 3'-11 1/2" 5'-6 1/2" 10" 17'-9 1/2" 1'-1 1/2"
TYP.
TYP.
BELOW CANOPY
D ABOVE CANOPY
C
TYP.
2'-0" TO FACE OF
ACCESSIBLE LEDGE
22'-9" 15'-5" 8'-4" 15'-6" 14'-11" 15'-5" 3'-0 1/4" 6'-3 1/4" 17'-2 1/2" 1" 5" 30'-8" 4'-4" M.O. 2'-4" 63'-9" 11" 17'-10"
9'-0"
01 01
03 01
03 02 00A 00A
00A
00A
00A
00A
01 01
01 6'-0" 16'-10"
16'-4" INT. CLR.
10'-5" INT. CLR.
22'-0"
7'-5" 6'-0" 2'-7"
17'-7 1/2"
76'-0"
LANDING
6'-0"
LANDING
5'-9"
01 03
65'-0"
CLEAR
5'-0" MIN.
B.
A.
A.6
(20 GA) GALVANIZED METAL
CLOSURE W/ 1/2" RETURN.
PROVIDE SEALANT AT EDGES
OF CLOSURE
10'-0"
5'-0"
25'-4" 4'-4" M.O. 4'-0"
6"
(16'-0" D
O
ORS)
16'-0 1/2" R.O.
1'-9 1/2"
9'-7" 45'-2" R.O.
24'-2"
MDU GAP
4 7/8"
2'-4 7/8"
1'-0"
1'-4"
6'-2" 22'-8" 6'-2"
2'-8" 7'-4" 2'-8" 7'-4" 2'-8"
8"
2'-8" 12'-8" 2'-8"
Scale: Drawing No.
Project No.
Date:
Project Architect/Engineer Date:
Date:
Date:
PLOTTED:
Inc.
(951) 530-5750
(951) 530-5775 fax
12661 Aldi Place
Moreno Valley, CA 92555-6703
245 East 3rd Street
Long Beach, CA 90802
562.628.8000
Drawing Alteration
It is a violation of law for any person, unless acting under the direction of licensed Architect, Professional Engineer, Landscape Architect, or Land Surveyor to alter any item on this document in any way. Any licensee who alters this document is required by law to affix his or her seal and to add the notation "Altered By" followed by his or her signature and the specific description of the alteration or revision.
RDC-S111, Inc.
Copyright 2020 C
Copying, Printing, Software and other processes required to produce these prints can stretch or shrink the actual paper or layout. Therefore, scaling of this drawing may be inaccurate. Contact Retail Design Collaborative with any need for additional dimensions or clarifications.
THESE DRAWINGS ARE PROTOTYPICAL AND SHALL NOT BE USED FOR ANY CONSTRUCTION OR RENOVATION ACTIVITIES. They are only for use by ALDI and their designated design professionals on ALDI projects. When applying the required professional standard of care and permitted by law, the design professional may integrate these drawings into his/her own technical submission. The design professional is responsible for preparing a submittal in accordance with all applicable laws, building codes and local site conditions. Deviations from this prototypical design are to be coordinated with the ALDI Director of Real Estate.
As Noted
Drawn By:
Type: RHSDV7ER
Date:
Date:
Date:
Issued:
Revisions:
Drawing Name:
Project Name & Location:
Seal Seal
Project Lead
Project Designer
ALDI Inc.
DO NOT SCALE PLANS
Planning Submittal 09/29/21
Architect/Engineer Name
Lead Name
Designer Name
##/##/##
##/##/##
/
9/29/2021 1:48:53 PM
Floor Plan
A-101
Coachella
20-197
SF
NEC Harrison St. & First St.
City of Coachella, CA,
Riverside County
Store #: ##
NOTES:
1. SEE SHEET A-603 FOR COLOR AND FINISH MATERIAL SCHEDULES.
2. SEE SHEET A-603 FOR INTERIOR METAL STUD INFORMATION.
3. ALL PARTITION DIMENSIONS ARE TO FACE OF STUD UNLESS NOTED OTHERWISE (I.E. CLEAR).
4. PROVIDE BLOCKING AS NEEDED FOR ALL WALL MOUNTED ITEMS.
5. FLAT STEEL IS REQUIRED AT MECHANICAL FIXTURES COORDINATE LOCATION WITH ALDI REPRESENTATIVE.
6. REFER TO SHEET A-602 FOR WINDOW / GLAZING DETAILS
NORTH
03 CONCRETE SLAB (COOLER) - SEALED SMOOTH FINISH
02 CONCRETE SLAB (FREEEZER) - SEALED MEDIUM BROOM FINISH 01 CONCRETE SLAB - SMOOTH FINISH
00A 3/4" THIN SET TILE - FURNISHED BY OWNER AND INSTALLED BY OWNER 00 2 5/8" THICK SET TILE SYSTEM - FURNISHED AND INSTALLED BY OWNER
KEY DESCRIPTION
FLOOR FINISH SCHEDULE
XX
1 SCALE: 1/8" = 1'-0"
Floor Plan
Item 32.
Item 32.
Coachella Civic Center, Hearing Room
53-462 Enterprise Way, Coachella, California
(760) 398-3502 www.coachella.org
MINUTES
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
PLANNING COMMISSION
December 15, 2021
6:00 PM
PURSUANT ASSEMBLY BILL 361, ALONG WITH THE GOVERNOR’S STATE OF EMERGENCY DECLARATION ISSUED ON MARCH 4, 2020, THIS MEETING MAY BE CONDUCTED VIA TELECONFERENCE.
If you would like to attend the meeting via zoom, here is the link:
https://us02web.zoom.us/j/84544257915?pwd=VTdHWitpYVdOUk1NQW8vZ1pqUm0zQT09 Or one tap mobile :
Us: +16699006833,, 84544257915#,,,,* 380084# US
Or telephone:
Us: +1 669 900 6833
Webinar ID: 845 4425 7915
Passcode: 380084
Public comments may be received via email, telephonically, or via zoom with a limit of 250 words, or three minutes:
In real time:
If participating in real time via zoom or phone, during the public comment period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
In writing:
Written comments may be submitted to the commission electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the commission and entered into the record.
Item 32.
Agenda Planning Commission December 15, 2021
IF YOU WISH, YOU MAY LEAVE A MESSAGE AT (760) 398-3102, EXTENSION 122, BEFORE 4:00 P.M. ON THE DAY OF THE MEETING.
CALL TO ORDER: 6:03 P.M.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Commissioners Present: Commissioner Figueroa, Commissioner Gonzalez, Commissioner Leal, Vice Chair Navarrete, Chair Virgen (All Planning Commissioners participated via teleconference) Staff Present: *Gabriel Perez, Development Services Director *Nikki Gomez, Associate Planner
*Rosa Montoya, Planning Technician
*Andrew Simmons, City Engineer
*Rene Rosales, Code Enforcement Manager
*Participated in meeting via teleconference
APPROVAL OF AGENDA:
“At this time the Commission may announce any items being pulled from the agenda or continued to another date or request the moving of an item on the agenda.”
IT WAS MOVED BY VICE CHAIR NAVARETTE AND SECONDED BY COMMISSIONER GONZALEZ TO APPROVE THE AGENDA.
Approved by the following roll call vote:
AYES: Vice Chair Navarrete, Chair Virgen, Commissioner Figueroa, Commissioner Gonzalez, Commissioner Leal.
NOES: None.
ABSTAIN: None.
ABSENT: None
APPROVAL OF THE MINUTES:
1. Draft Planning Commission Minutes – December 15, 2021
IT WAS MOVED BY COMMISSIONER FIGUEROA AND SECONDED BY CHAIR VIRGEN TO APPROVE THE AGENDA.
Approved by the following roll call vote:
AYES: Vice Chair Navarrete, Chair Virgen, Commissioner Figueroa, Commissioner Gonzalez, Commissioner Leal.
NOES: None.
ABSTAIN: None.
ABSENT: None