Agenda packet — Coachella City Council, April 13, 2022 (part 2 of 2)

Item 14.
16 3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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Item 14.
17 3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the

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Item 14.
18 Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

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Item 14.
19 3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

PMI, LCC
6168 Innovation Way
Carlsbad, CA 92009
Attn: Charles Hoffman
CITY:

City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attn: Andrew Simmons, City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Yolo, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration

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Item 14.
20 contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.15 Certification of License.

3.17.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.18 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.17.20 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “G” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

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Item 14.
21 [SIGNATURES ON NEXT PAGE]

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Item 14.
22 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COACHELLA

AND PETROCHEM MATERIALS INNOVATION, LLC
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 13th day of April, 2022.

CITY OF COACHELLA PETROCHEM MATERIAL INNOVATION
By: By:

Gabriel Martin
City Manager Title:

Printed Name:

ATTEST:

By:

Andrea Carranza, Deputy City Clerk
APPROVED AS TO FORM:

By:

Carlos Campos, City Attorney

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Item 14.
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PAYMENT AND PERFORMANCE BONDS

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Coachella (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (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 ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

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Item 14.
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Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, 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

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Item 14.
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By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Item 14.
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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

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Item 14.
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 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

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Item 14.
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recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

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
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Item 14.
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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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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Item 14.

EXHIBIT A

SCOPE OF WORK
The basic scope of work for the project includes the following items:

CMS Message Boards (Placed 2 Weeks Prior)
Resident Notification
Dust Control and Stormwater Best Management Practices (BMP’s) Installation and Maintenance of Proper Traffic Control
Striping Removals (Complete and to Satisfaction of City) Street Sweeping/Cleaning (Including any Grease/Oil Spots) Crack Cleaning & Filling
Utility & Monument Masking
REAS Slurry Application
Striping (Thermoplastic)
Post Sweeping of Ravel
The contractor shall supply all labor, material, and equipment to perform R.E.A.S slurry seal on designated neighborhood and residential streets upon an agreed schedule and as directed by the City of Coachella. The designated neighborhoods include Las Plumas (+/- 158,865 SF) and Valencia (+/-164,872 SF), both of which are located in the City of Coachella, California.

Materials, procedures, and payment terms is to be piggy-backed on the City of Los Angeles Contract Number ARC 40 59680 5 Amendment 08 Slurry, Premix R.E.A.S.

All traffic control is to be by contractor and shall be performed as approved by City of Coachella per approved traffic controlplans and staging plans.

Contractor shall provide appropriate documentation identifying all striping and raised pavement marker removals and reinstallation for city engineer approval, such work is included and will be performed by a contractor licensed in that work. Restripe shall be done per the appropriate documentation provided by the contractor and as “Tied-Out’ in the field.

Dust Control and Stormwater BMPs shall be implemented to protect storm drain, retention basin drainage inlets and other structures, and shall be to the satisfaction of the City.

City will not be providing a yard or staging location, but the contractor will be allowed to stage his slurry tank and equipment within the work zone as long as it does not interfere with traffic or the residents daily living.

A no-cost encroachment permit must be secured through the Engineering Division before work is started.

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Item 14.

Contractor shall coordinate with the City/Coachella Water Authority for Construction Water and Meter. Full compensation for developing a water supply, for furnishing and placing all water required for work done in the Contract, including extra work, shall be included in the prices paid for the various items of work requiring water; and no separate payment will be made therefore.

Based on expected ambient temperatures in the City of Coachella, the work window is expected to start in the month of April to June 2022, and be completed within 30 Working Days after the Start date as listed on the notice to proceed. Anticipated application schedule is subject to change and or be modified by the City.

Special Notifications:

The Contractor shall coordinate his/her hours of operation and work with schools and their bus schedules, and bus stop locations that are located within the project area.

One (1) Portable Changeable Message Sign (PCMS) is required for the Las Plumas Neighborhood and Two Portable Changeable Message Signs (PCMS) for the Valencia Neighborhood (3 total) in locations as identified by the City. They shall be placed two (2) weeks in advance of the start of the crack cleaning, filling, and slurry application work and maintained throughout the construction period unless otherwise approved by the City.

Notification to Residents: The Contractor shall notify in person and with printed notification (in English and Spanish language), at least seven (7) working days prior to commencing work, to all agencies, firms, institutions, postal service, residents, hospital, Sun Bus, schools, stores, utilities and waste disposal service fronting or affected by the work. Additional printed notification (in English and Spanish language) shall be given not less than forty-eight (48) hours prior to performing any work which will restrict property access, close or partially close the street, or which will restrict or disallow street parking.

The Contractor will be responsible for the notification of local residents and commercial operators on streets scheduled to receive a slurry seal. Said notification shall be accomplished by distributing individual notices to each occupied residential and commercial property no more than 72 hours prior and no less than 48 hours prior to the scheduled application time. The notification be shall provide the date and time the work is to begin and finish, the name, address and phone number of the Contractor, and a brief description of the work to be completed. The proposed notice shall be submitted with the tentative sealing schedule for review and approval by the City Engineer before distribution.

The Contractor should note that the public schools are generally busy with traffic between 6:45 am to 8:15 am and from 1:45 pm to 3:20 pm on weekdays. Contractor shall coordinate with Sunline Bus and Local School districts for coordination or temporary relocation of any Bus Stops located within the project areas.

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The Contractor shall coordinate with waste disposal collection companies, postal, and delivery services to ensure delivery of mail and other items.

Temporary “No Parking” signs shall be posted on Type I barricades (minimum) at least 48 hours, but no more than 72 hours, in advance of the work. The signs shall be placed no more than 150 feet apart on each side of the street and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs, removal of the signs, and furnishing and placing of barricades, if necessary, for posting of the signs. All signs shall be removed by the Contractor within 48 hours after the effective date.

The signs shall contain the day, date, hours and vehicle code that parking will be prohibited on that particular street, CVC 22651 L and CVC 22654D. The signs shall be removed immediately upon completion of work that will prohibit parking.

The printed notices and the "NO PARKING" signs shall be furnished by the Contractor.

All coordination, traffic control devices, measures, and Message Boards shall be included in the Traffic Control Bid Item and No additional compensation shall be allowed. Notification and Traffic Control Measures shall be to the satisfaction of the City.

If work cannot resume on the same day to completion as scheduled, then this work shall be rescheduled in one to two weeks and the residents notified that the work will not be done as scheduled and re-notified of new work day promptly. All “NO PARKING” signs must be promptly removed. No more than two (2) rescheduled streets shall be scheduled for the same day and they shall be the first order of work for that day.

The Contractor will be responsible for providing the City with a Color Coded GIS style, PDF map of Crackfill, slurry work and staging per City sample. Such map shall be included in the Notice to Residents and include the proposed dates of the work in each area.

Crack Cleaning, Filling, and Slurry Operations:

Prior to applying slurry seal, the Contractor shall clean, the street surface with a power sweeper, remove all R.P.M.’s, abrasive grind completely all lane lines, street legends, crosswalks or other painted or thermoplastic surfaces. This is necessary to provide a good bonding surface for the slurry seal, as well as eliminate “ghosting” of the old striping and markings as the new slurry wears off over time. If previous striping is encountered below the existing slurry surface, it shall be blacked out with black paint prior to the application of slurry. Striping removals shall be to the satisfaction of the City.

The Contractor shall remove any and all weeds that are growing through cracks from the project street located within the pavement or growing between the concrete gutter and the pavement and blow cracks clean of weeds and debris using compressed air. The work shall be approved by the

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Item 14.

City prior to application of rubber crack sealant and or/or slurry. Full compensation for plant removal and crack cleaning as included in the Lump Sum cost for Crack Cleaning, and Filling.

Prior to applying slurry seal, all pavement cracks greater than or equal to 1/4“ width shall be cleaned with a heat lance and sealed with Crafco Polyflex Type lll crack sealant, or approved equal per Subsection 201-3.7 “Type ‘D’ Joint Sealant (Hot-Poured Rubber-Asphalt Joint Sealant)“. The Contractor should take note that all the streets within the limits may need crack treatment. It is the responsibility of the Contractor to perform a field review to determine which streets require the crack treatment. Cracks shall be cleaned for the entire crack depth using sandblasting, brushing and hot air blowing techniques, as required to provide a crack free from all debris, dust, loose material and moisture. Gauging or plowing may be required to remove incompressible material deep in the crack. The clean crack shall be filled with sealant, from the bottom up to surface level, in a manner which does not result in sealant bridging or entrapped air pockets. With deep cracks, settlement of sealant may occur, thus requiring application of a second layer of sealant material. Cracks 1 inch in width and wider shall be filled with compacted pea-gravel and SS grade asphaltic emulsion or hot mix asphalt concrete as directed by the Engineer, so that the sealant does not exceed 1 inch in depth. Where cracks already have sealant Contractor shall inspect the quality and repair as necessary as directed by the Engineer.

Repair shall include removing the material and re-applying. Rubberized Crack Seal and asphalt pavement repairs adjacent to cross gutters, spandrels and repair of pot holes is included in the work.

No slurry seal material may be placed until after the crack seal material has been in place for a minimum of two (2) full calendar days. Crack sealant shall be applied with a wand such that excess material is not remaining at the crack surface after sealing. Immediately remove crack treatment material that is spilled or deposited on the pavement surface. Before opening to traffic, apply sand or the manufacturer's recommended detackifying agent to tacky crack treatment material on the traveled way. Sweep up excess sand before opening to traffic. Payment for crack cleaning & sealing shall be included unit price bid per Lump Sum (LS) Bid Item for Crack Cleaning & Filling.

Prior to the application of the slurry, the contractor shall burn, scrape, brush, and seal all oils stains in the roadway and parking areas. Stain removal shall be to the satisfaction of the City.

Contractor shall “mask” and protect all visible Manholes, Water Valves, Monuments, or other known utilities in the roadway. Such masking shall be removed upon completion of the slurry application.

Contractor shall supply and install Pre-Mixed Type II Rubber Emulsified Aggregate Slurry (REAS).

The application of R.E.A.S. slurry shall not commence until after 8:00 a.m. and shall conclude at 1:30 p.m. unless other authorized by the Engineer. The slurry shall be sufficiently cured to be open to traffic by 4:00 p.m. The portions of streets to be slurried

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shall be closed from the time the application begins until the mixture as achieved sufficient set to be opened to traffic.

The Contractor shall “mechanically” sweep any raveled material on the street Two (2) weeks after the initial placement. If the Engineer determines the raveling is excessive, the frequency of sweeping shall be adjusted or increased until the raveling reaches a level of acceptability as determined by the City. If raveling continues after the streets have been swept, the City reserves the right to have the roads re-slurried by the Contractor at no cost to the City. Raveling can be identified by the presence of “black pebbles” in the gutter.

Type II, Rubberized Emulsified Asphalt Slurry (REAS) will be measured for payment and paid according the payment schedules found in the City of Los Angeles Contract ID 59680- Amendment 08 Slurry. Payment for slurry seal includes full compensation for constructing the slurry seal, complete in place, including testing for and furnishing the mix design, cleaning the surface, protecting utilities, masking, furnishing construction water, street sweeping, application of REAS Slurry, clean-up, and protecting the seal until it has set. Slurry application shall be to the satisfaction of the City.

Removal and Replacement of Striping:

The removal of traffic pavement markings shall be accomplished by grinding. Sandblasting shall be used with prior City approval only. A minimum of 3 passes with the grinder, per stripe, or as required and approved by the City. Removal shall be to a maximum depth of 1/10". Removal depth may exceed 1/10" only when necessary to effectively remove existing striping, as approved by the City.

Obliteration of stripes or pavement markings by applying black paint or asphalt emulsion is not an approved removal method. However, if the existing striping has been previously covered with slurry, and is too deep to fully remove, the contractor may cover the existing sub-slurry striping with black paint or asphalt emulsion as approved by the City.

Contractor shall immediately sweep up striping removals prior to relocating to the next striping removal location. It shall be the responsibility of the contractor to properly and legally dispose of the residue from removal of striping and pavement markings.

Striping removal and replacement shall include all Stop Bars and Legends, Speed Hump or Bump Markings, Speed Hump Chevrons or markings, Center Lines, and all or any existing pavement markings, legends, and/or striping.

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Payment for removal of traffic stripes and pavement marking in the areas to be slurried shall be included in the Unit Price bid per Lump Sum (LS) for Remove and Replace Existing Striping in Thermoplastic and shall include full compensation for furnishing all labor materials, tools, equipment and incidentals as required in the Specifications. Striping removals shall be to the satisfaction of the City.

All new striping markings and lines shall be installed in “Thermoplastic” and conform to current standards and installed per manufacturer’s recommendations. All Thermoplastic Striping shall be installed no later than seven (7) calendar days after slurry application of the entire tract has been completed. Remove and replacement of speed humps striping is included. All street sweeping needed for performance of the contract is included.

A blue RPM shall be placed in the street at each fire hydrant location within the slurry limits as per the direction of the City.

Payment for Remove and Replace Existing Striping in Thermoplastic shall be considered as included in the LUMP SUM (LS) as noted in the bid schedule, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in traffic stripes, and pavement markings, including establishing alignment for stripe and layout work as shown on the plans and as required in the Specifications.

Mobilization:

Mobilization shall conform to the provisions in Section 9-3.4, “Mobilization” of the Standard Specifications. Mobilization includes expenditures for all preparatory work and operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all facilities necessary for work on the project; Storm Water, Dust Control, and all environmental compliance, and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site as well as the related demobilization costs anticipated at the completion of the project.

Mobilization shall be paid for at the contract LUMP SUM (LS) basis as shown on the Bid Schedule. Fifty percent (50%) of the lump sum price will be paid upon successful move in and completion of mobilization. The remaining fifty percent (50%) shall be paid after the contractor is completely demobilized and all project sites have satisfactorily been restored and the project cleanup is completed to the satisfaction of the City.

See attached City of Los Angeles Contract ID 59680 Slurry, Premix R.E.A.S.

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Item 14.

SCHEDULE OF PAYMENT
Contractor will be paid according the payment schedules found in the City of Los Angeles Contract ID 59680-Amendment 08 Slurry, Premix R.E.A.S. See Attachment A.

Contractor will be paid for mobilization, traffic control, crack sealing and striping per Lump Sum per the Bid Schedule and Estimate from PMI attached as Attachment B.

All Prevailing Wage, Per Diem, home office, profit and overhead, and subcontractor costs are included in the amount of this contract.

Total amount of contract is estimated at $292,890.24 (Two Hundred Ninety-Two Thousand Eight Hundred and Ninety Dollars and Twenty-Four Cents).

Quantity Adjustments will be accounted for in a Contract Quantity Adjustment Change Order that will be issued upon completion of the work and verification of the Final Quantities.

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NOT TO SCALE.

EXHIBIT B
STREET PAVEMENT REHABILITATION PHASE 17
PROJECT ST-105

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Item 14.

ATTACHMENT A

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Item 14.

ARC 40 59680 13 Page 1

CITY OF LOS ANGELES
City of Los Angeles Purchasing Agent
111 E 1ST STREET
ROOM 110
LOS ANGELES CA 90012

ANNUAL REQUIREMENTS CONTRACT
Contract Number Description RFQ Number
ARC 40 59680 13 Slurry, Premix R.E.A.S.

Contract Dates Payment Terms Delivery Days ARO
11-24-20 to 12-31-22 1% Net 30 1
Central Purchasing Vendor Bill To
Contact: Martha Medina
Phone: (213) 928-9536
E-mail: [email protected]
000034616

PETROCHEM MATERIALS

INNOVATION,LLC
6168 INNOVATION WAY
CARLSBAD, CA 92009
City of Los Angeles
Supply Svcs., Accounts Payable
555 Ramirez St., Space 312
Los Angeles CA 90012
Reason for Modification
Administrative Change to upload signed Amendment 7, Renewal option 5 of 5. mmm Renewal Period Options
Option Effective Date Expiration Date
Line Items
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 1 30121601 Premix, Rubberized Emulsion
Aggregated Slurry, Type I
GLL $2.4900
Extended Description: Premix, Rubberized Emulsion, Aggregate Slurry, Type I:

Slurry made in accordance with Standard Specifications for Public Works Construction 2012 Edition, Sections 203-3.4.4 to 203- 5.54, 302-4.6.4.1 to 302-5.1 and GSD/BSS Specifications for Modified Asphalts, Pavements and Processes, as well as any changes or updates going forward.

Prices reflect asphalt prices at 1/1/2016 to $355/ton (liquid) 2 30121601 Premix, Rubberized Emulsion
Aggregated Slurry, Type II
GLL $2.1100
Extended Description: Premix, Rubberized Emulsion, Aggregate Slurry, Type II:

All in accordance with Standard Specifications for Public Works Construction 2012 Edition, Sections 203-3.4.4 to 203- 5.54, 302-4.6.4.1 to 302-5.1 and GSD/BSS Specifications for Modified Asphalts, Pavements and Processes, as well as any changes or updates going forward. 3 30121601 Premix, Rubberized Emulsion
Aggregated Slurry, Type III
GLL $2.0100
*** THIS LINE IS NOT ACTIVE ***
Extended Description: Premix, Rubberized Emulsion Aggregated Slurry, Type III

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Item 14.

ARC 40 59680 13 Page 2
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 4 30121400 Service, Regular Time Labor only
(application of Central Pla
HUR $95.0000
Extended Description: SERVICE, LABOR, PER PERSON:

Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached.

Regular rate: $ 95.00
Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 5 30121400 Service, Overtime Labor only
(application of Central Plant M
HUR $142.0000
Extended Description: SERVICE, LABOR, PER PERSON:

Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached.

Overtime rate: $ 142.50
Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 6 721417 Rental, Service/Haul Trucks (Bare) DAY $200.0000 Extended Description: Rental, Service/Haul Trucks (Bare) DAILY, WEEKLY & MONTHLY RENTAL RATES: (Bare)
Daily: $200.00
Minimum rental time: 1 Day
Number of units available: 9
7 721417 Rental, Application Trucks (Bare). HUR $252.0000 Extended Description: APPLICATION TRUCKS: (Bare)
HOURLY RENTAL RATES: Within the City of Los Angeles, City Limits Hourly: $252.00
Overtime: $252.00
Sunday/Holiday: $252.00
**Minimum rental time: 4 Hours**
Number of units available: 22
APPLICATION TRUCKS: (Bare)
HOURLY RENTAL RATES: NOT Within the City of Los Angeles, City Limits Hourly: $252.00
8 721417 Job Tankers, for delivery of Premix,
R.E.A.S in trailer moun
EA $550.0000
Extended Description: Job Tankers, for delivery of Premix, R.E.A.S. in trailer mounted 4,000 gallon tank to any location within the City of Los Angeles.

JOB TANKER: As needed
Delivery of Premix, R.E.A.S in trailer mounted 4,000 gallon tank to any location within the City of Los Angeles.
$600 Per Load
9 301216 Asphalt Binder, Heavy Traffic,
Structurally Modified Binder
STN $800.0000
Extended Description: Heavy Traffic Binder: Structurally Modified Binder PG 76-10 (City of Los Angeles Custom Mix) Specifications as called in Attachment B of EV 4672, as provided by GSD Bureau of Standards.

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Item 14.

ARC 40 59680 13 Page 3
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 10 78121603 Delivery, Trucking to AP1 Asphalt
Binder, PG 76-10
STN $17.0000
Extended Description: Delivery, Trucking to Asphalt Plant 1 of Asphalt Binder, Heavy Traffic, Structural Modified PG-10 (City of Los Angeles Custom Mix).

Delivery, Trucking to Asphalt Plant I of Custom Blend, Heavy Traffic Asphalt Binder, Structural Modified PG-10.
11 78121603 Delivery, Trucking - AP2, Asphalt
Binder, PG 76-10
STN $19.0000
Extended Description: Delivery, Trucking to Asphalt Plant II Asphalt Binder, Heavy Traffic, Structural Modified PG-10 (City of Los Angeles Custom Mix).

Delivery, Trucking to Asphalt Plant II of Custom Blend, Heavy Traffic Asphalt Binder, Structural Modified PG 10.
12 721417 Rental, of Job Tankers, for Delivery of
Premix, R.E.A.S. not
SMI $3.0000
Extended Description: Rental, of Job Tankers, for Delivery of Premix, R.E.A.S. not within the City of L.A., (price to include delivery fee and mileage from PMI's shipping Plant).

For any location outside the City of L.A., delivery change from PMI Shipping Plant $3.00 per mile ($600.00 Minimum)
For any location outside the City of L.A., delivery change from PMI Shipping Plant$3.00 per mile ($600.00 Minimum)
13 301216 Fine Aggregate Slurry Mix: Premixed
REAS.

GLL $3.0000
Extended Description: Fine Aggregate Slurry Mix: Premixed REAS.

Specifications as called in Attachment B of EV 4672, as provided by GSD Bureau of Standards. 14 721417 Pump Rental, Specialized Slurry
Pump, (pump capable of 250
DAY $500.0000
Extended Description: Pump Rental, Specialized Slurry Pump. (Pump capable of 250 gallons centralized mix slurry/minute).

DAILY RENTAL RATES:

Daily: $500.00

Minimum rental time: 1 day
Number of units available: 12
15 78121603 Delivery, Trucking (common carrier)
AP1, Asphalt, Hvy Bndr
STN $17.0000
Extended Description: Delivery, Trucking (common carrier) to Asphalt Plant I of Asphalt, Heavy Traffic Binder, (City of LA Custom Mix)
Note* Please include Proof of Delivery/Bill of Lading from common carrier trucking along with their invoice to ensure prompt payment.
16 78121603 Delivery, Trucking (common carrier) to
AP2 of Asphalt, Heavy
STN $19.0000
Extended Description: Delivery, Trucking (common carrier) to Asphalt Plant II of Asphalt, Heavy Traffic Binder, (City of LA Custom Mix).

Note* Please include Proof of Delivery/Bill of Lading from common carrier trucking along with their invoice to ensure prompt payment.

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ARC 40 59680 13 Page 4
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 17 721116 Plant Opening EA $1,500.0000
Extended Description: Plant Opening: For, Saturday, Sunday or Holidays Saturday $ 1,500
Sunday $ 1,500
Holiday $ 1,500
18 801116 Per Diem for Los Angeles. DAY $150.0000
Extended Description: Per Diem for Temp Los Angeles personnel 19 721417 Rental, Storage Tank Portable for
Jobsite Work.

DAY $1,000.0000
Extended Description: Rental, Storage Tank Portable for Jobsite Work.

PORTABLE STORAGE TANK RENTAL:

DAILY, RENTAL RATES:

Daily: $ 1,000.00
Minimum rental time: 1 Day
Number of units available: 5
20 721417 Rental, Slurry Box DAY $250.0000
Extended Description: SLURRY BOX RENTAL:

DAILY, RENTAL RATES:

Daily: $ 250.00
Minimum rental time: 1 Day
Number of units available: 5
21 721417 Rental, Delivery, Tanker - Bare, each
load.

EA $200.0000
Extended Description: TANKER (Bare) DELIVERY, RENTAL:

DAILY, RENTAL RATES:
$ 200.00 per load
Number of units available: 28
22 801116 Labor, Posting & Notifying Affected
Traffic Disruptions
HUR $0.0100
*** THIS LINE IS NOT ACTIVE ***
Extended Description: NOTE: THIS LINE IS BEING REPLACED BY LINES 26 (REG.RATE) & LINES 27 (OVERTIME RATE) LABOR:

Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached.

Regular rate: $95.00
Overtime rate: $142.50
Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent.

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Item 14.

ARC 40 59680 13 Page 5
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 23 551215 Hangtag/Doorknob Notices of Affected
Traffic Disruptions
EA $0.3000
Extended Description: HANG TAG NOTICES:
$0.30 Per Hang Tag Notice $300.00 Minimum per job = (1,000 hang tags) 24 55121710 Traffic Control, To furnish, place/
maintain traffic signage,
DAY $1,500.0000
Extended Description: Traffic Control, To furnish, place/maintain traffic signage, excluding electronic, of affected areas, (NO LABOR INVOLVED).
25 721417 Rental, Sweeper, Mobile Units.(only if
no showCity Sweeprs)
HUR $0.0100
*** THIS LINE IS NOT ACTIVE ***
Extended Description: NOTE: THIS LINE IS BEING REPLACED BY LINES 28 (REG.RATE), LINES 29 (OVERTIME RATE) & LINES 30 (SUNDAY & HOLIDAY)
HOURLY RENTAL RATES:

Regular Rate Hourly: $ 200.00
Overtime Rate Hourly: $ 300.00
Sunday/Holiday Rate Hourly: $ 400.00
Minimum rental time: 8 Hours
Number of units available: 2
26 801116 Labor, Reg .Rate, Posting & Notify
Affected TrafficDisrupt
HUR $95.0000
Extended Description: NOTE: THIS LINE IS REPLACEMENT FOR LINES 22 (REG.RATE)LABOR:

Labor, Posting and Notifying of Affected Traffic Disruptions Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached.

Regular rate: $95.00
Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 27 801116 Labor, Ovrtim e Rate, Posting & Notify
Affected Traffic
HUR $142.5000
Extended Description: NOTE: THIS LINE IS REPLACEMENT FOR LINES 22 (Overtime Rate) LABOR:

Labor, Posting and Notifying of Affected Traffic Disruptions Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached.

Overtime rate: $142.50
Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 28 721417 Rental, Sweeper, Mobile Unit, Regular
rate
HUR $200.0000
Extended Description: NOTE: THIS LINE REPLACES LINES 25 (REG.RATE), Rental, Sweeper, Mobile Units, to be used "only" should City Sweepers not show up.

HOURLY RENTAL RATES:

Regular Rate Hourly: $ 200.00

Minimum rental time: 8 Hours
Number of units available: 2

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Item 14.

ARC 40 59680 13 Page 6
Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 29 721417 Rental, Sweeper, Mobile Units,
Overtime Rate.

HUR $300.0000
Extended Description: NOTE: THIS LINE REPLACES LINES 25 (OVERTIME RATE) Rental, Sweeper, Mobile Units, to be used "only" should City Sweepers not show up.

HOURLY RENTAL RATES:

Overtime Rate Hourly: $ 300.00

Minimum rental time: 8 Hours
Number of units available: 2
30 721417 Rental, Sweeper, Mobile Units, Sunday/
Holiday Rate.

HUR $400.0000
Extended Description: NOTE: THIS LINE REPLACES LINES 25 (Sunday & HOliday RATE) Rental, Sweeper, Mobile Units, to be used "only" should City Sweepers not show up.

HOURLY RENTAL RATES:

Overtime Rate Hourly: $ 400.00

Minimum rental time: 8 Hours
Number of units available: 2
31 30121601 1781 Slurry, Pilot Program GLL $2.1100
Extended Description: Pilot Program: 1781 Slurry
32 30121601 Cold in Place Recycling, CIR, Pilot
Program
GLL $3.6500
Extended Description: Pilot Program: CIR
33 30121601 Reclaimed Asphalt Pavement RAP,
Central Mixed Slurry, Pilot
GLL $2.0100
Extended Description: Pilot Program:

Reclaimed Asphalt Pavement RAP, Centrally Mixed Slurry
34 30121601 Emulsion, Cold Patch, Modified
Emulsion, Pilot Program
GLL $3.6500
Extended Description: Pilot Program: Emulsion Cold Patch, Modified Emulsion 35 30121601 Premix, REAS, Type II (76-22 Binder) GLL $2.3500 Extended Description: Premix, Rubberized Emulsion Aggregate Slurry, Type II(76-22 Binder) 36 30121601 1781-LA (76-22 Binder) GLL $2.3000
Extended Description: 1781-LA (76-22 Binder)
37 721417 Rental, Pneumatic Rubber Tire Roller DAY $500.0000 Extended Description: Rental, Pneumatic Rubber Tire Roller 38 78121603 Delivery Fee, Job Trailer for delivery of
Equipment
EA $600.0000
Extended Description: Delivery Fee, Job Trailer for delivery of Equipment to any location within the City of Los Angeles Authorized By

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Item 14.

ARC 40 59680 13 Page 7
Annual Requirements Contract Clauses, Terms, and Conditions Line Item Provisions
Clauses and Comments on PDF
Document Provisions
Section intentionally left blank.

Supporting Documents

CONTRACT COMMENTS

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Item 14.

INTENTIONALLY LEFT BLANK TO ADD CLAUSES AND COMMENTS.

Document ID Document Phase Document Description Page 8
59680 Final Slurry, Premix R.E.A.S. of 11

Page 247 ends

Item 14.

Procurement Analyst: Martha Medina Phone Number: 213-928-9536 E-mail address: [email protected] Fax Number: 213-928-9511 Requirements Contract for: **Slurry, Pre-Mix R.E.A.S. ** Award No. 59680 Payment Terms: 1.88% net 30 days Delivery: 1 Days ARO RFQ No.:EV4672 Previous Contract: 59180 Renewal Options: 5 Option Date 1 = --/--/-- Option Date 2 = --/--/-- Option Date 3 = --/--/-- Options Granted: 0 Option Date 4 = --/--/-- Option Date 5 = --/--/-- You are hereby notified of the award of this contract with the City of Los Angeles in accordance with RFQ Number EV4672, to furnish the City's annual requirements for the items and/or services identified in this document. The entire RFQ (including Attachment A and specifications) or any items thereof, addendums, and general conditions comprise the contract. The Quotation document signed by the appropriate contractor and by duly authorized City officials is on file in the Purchasing Agent's office.

NOTE: SALES TAX WILL BE ADDED AT TIME OF ORDER.

The following listed item(s) cover the only product(s) or service(s) approved for purchase under this contract.

Products or services requested by the City and not listed in the contract require a separate City Purchase Order in order for the supplier to receive payment.

SUPPLIER CONTACT:

Contact Person: Frank B. Hoffman, Title: C. F. O.

Telephone No.: 760-603-0961
Fax No.: 760-603-0962
E-Mail Address: [email protected]
24 Hour Contact No.: 760-271-0197
CONTRACT PURCHASE ORDERS:

Contract Purchase Orders will be issued during the contract period for materials or services as required. Supplier shall deliver no goods or services until a City department issues a Contract Purchase Order.

APPROVED CONTRACT ITEM PURCHASES:

The listed items cover the only products approved for purchase under this contract.

The City of Los Angeles will not pay any invoice covering the delivery of any merchandise that is not explicitly authorized by this contract. Any products requested by the City not listed in the contract require a separate City Purchase Order in order for the supplier to receive payment.

RENEWAL OPTION:

The City reserves the right to renew this contract for 5 additional one (1) year period(s). All renewals shall be on an annual basis and under the same terms and conditions of the original contract.

ANNUAL PRICE ADJUSTMENT FOR LONG TERM FIXED PRICE CONTRACTS:

Unit Prices for each line item shall be fixed for one year from the contract start date. On contract anniversaries and renewals, unit prices may be adjusted for the next year in accordance with manufacturer's published price adjustments. Any price adjustments shall be mutually agreed upon by the City Purchasing Agent and the supplier.

Price increases will not exceed a reasonable amount, supported by written documentation as indicated in the paragraph below and as determined by the City Purchasing Agent, for any price adjustment. Price reductions may be issued at any time.

The City reserves the right to terminate contract without further obligation by either party in event price increases are not acceptable. Escalating factors will not be automatically granted. Requests for price increases shall be in writing and accompanied by each manufacturer(s) price list(s) with appropriate supporting documents acceptable to the City.

Such documents shall include, but not be limited to manufacturer/distributor/dealer invoices, insurance bills, utility Document ID Document Phase Document Description Page 9
59680 Final Slurry, Premix R.E.A.S. of 11

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Item 14.
bills, freight bills, payroll records, etc. The request shall state the percentage increase and the revised price for each affected contract item.

No increases will be granted without prior approval of the City Purchasing Agent.ESTIMATED EXPENDITURES AND THRESHOLD ADJUSTMENT:

Total expenditures for the life of this contract, including the initial term and all renewals or extensions, are estimated to be $67,788,010. No guarantee can be given that this total will be reached or that it will not be exceeded. Supplier agrees to furnish more or less in accordance with actual contract requirements.

AUTHORIZED DISTRIBUTOR/DEALER:

The supplier indicates it is an authorized factory distributor/dealer for the manufacturer quoted, or has provided a formal Letter of Certification from the manufacturer, stating that the manufacturer will honor any warranty claims by the City for equipment, parts, and/or materials provided by the supplier.

The manufacturer will be responsible for any default of the supplier that is not corrected by the supplier in a timely and efficient manner. This responsibility includes replacing incorrect or defective parts, trouble shooting, and correcting problems that are traceable to the manufacturer.

ANNUAL PRICE ADJUSTMENT FOR LONG TERM FIXED PRICE CONTRACTS:

Such documents shall include, but not be limited to manufacturer/distributor/dealer invoices, insurance bills, utility bills, freight bills, payroll records, etc. The request shall state the percentage increase and the revised price for each affected contract item.

No increases will be granted without prior approval of the City Purchasing Agent.

LIQUIDATED DAMAGES FOR LATE DELIVERY:

Delivery delays beyond the Contract/Purchase Order delivery date will result in added expense to the City. The City of Los Angeles shall be paid damages for such delay. Inasmuch as the amount of damage is extremely difficult to ascertain, the supplier agrees to compensate the City in the amount of $100.00 per calendar day beyond the delivery date specified. This amount shall be fixed as liquidated damages that the City will suffer by reason of such delay, and not as a penalty. The City shall have the right to deduct and retain the amount of such liquidated damages from any monies due the supplier.

The supplier shall be entitled to a reasonable extension of time for unavoidable delay in delivery due to causes not reasonably foreseeable by the parties at the time of the Contract/Purchase Order execution, and that are entirely beyond the control and without the fault or negligence of the supplier, including, but not limited to, acts of God or the public enemy, war or other national emergency making delivery temporarily impossible or illegal, acts or omissions of other suppliers, strikes and labor disputes not brought on by any act or omission of the supplier, fire, flood, epidemics, quarantines, or freight embargoes.

INSURANCE:

The suppliers General Liability and Workers Compensation Insurance Certificates are recorded in the City Administrative Officer's Risk Management Track4LA database.

Document ID Document Phase Document Description Page
10 59680 Final Slurry, Premix R.E.A.S. of 11

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REPRESENTATIVE SAMPLE TESTING:

Representative samples may be taken from each delivery and tested for compliance with specifications. Testing costs will be paid by the City for samples that comply. If samples do not comply with requirements, the expense of testing will be charged to the supplier, and delivery will be rejected. The supplier will be required to pick up the rejected material and to make a new delivery within 5 days of notification by the City. Notification will be made by the most effective means to the supplier's designated representative.

SALES/USE TAX PAID DIRECTLY TO STATE:

Since the supplier has not indicated it has a permit to collect California State sales tax, the City will pay use tax directly to the State of California. No sales tax will be paid to the supplier.

REPRESENTATIVE SAMPLE TESTING:

SALES/USE TAX PAID DIRECTLY TO STATE:

Since the supplier has not indicated it has a permit to collect California State sales tax, the City will pay use tax directly to the State of California. No sales tax will be paid to the supplier.

OTHER GOVERNMENT AGENCY PURCHASES:

Other government agencies may make purchases using the prices, terms and conditions of this contract.

Document ID Document Phase Document Description Page
11 59680 Final Slurry, Premix R.E.A.S. of 11

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ATTACHMENT B

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Item 14.

STAFF REPORT
4/13/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Authorize the City Manager to execute Professional Services Agreement with Raimi + Associates for Professional Planning Consultant Services for the Zoning Consistency Update.

STAFF RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute the attached Professional Services Agreement with Raimi + Associates for the Zoning Consistency Update.

BACKGROUND:

The City Council adopted the Coachella General Plan 2035 on April 22, 2015 that established the goals, policies, and implementation strategies that will implement the vision for the City of Coachella. The General Plan 2035 also included a new adopted General Plan Land Use Map and a Zoning Consistency Analysis that calls for the establishment of six (6) new zoning districts that currently do not exist in the City’s Official Zoning Map as follows:
 Neighborhood General Zone
 Urban Neighborhood Zone
 Downtown Center Zone
 Urban Employment Zone
 Regional Retail Zone
 Resort Zone
Many of the existing zoning districts are inconsistent with the General Plan Land Use Map, thereby creating a lack of regulatory clarity and hardship for residents, businesses and developers to establish new businesses or develop their properties. In many instances, planning staff must communicate with potential applicants that the proper zoning district does not exist when they consult with staff about potential development projects or businesses. The inconsistent zoning has also required the City to apply State grant funding for professional services to complete focused zoning efforts to comply with the City’s Housing Element.

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The City Council adopted the Pueblo Viejo Implementation Strategy Plan on October 23, 2019 and in adopting Council Resolution 2019-59 Council requested that staff bring back General Plan Amendments, Zoning Amendments, and related environmental assessments that are necessary to implement the zoning districts drafted in the Strategy Plan. The Pueblo Viejo Plan identifies four (4) new zones that would be established in the Downtown. Since the zoning amendments have not occurred for the Pueblo Viejo District, projects such as the Pueblo Viejo Villas and Tripoli mixed-use project require planned unit development overlay zoning approvals from the Planning Commission and City Council.

Staff has identified the Zoning Consistency Update as a key City priority for completion by October 2022 to update the necessary zoning districts in compliance with the General Plan, Pueblo Viejo Implementation Strategy Plan, and Housing Element.

DISCUSSION/ANALYSIS:

Attached to this staff report is a Professional Services Agreements for Raimi + Associates (“Consultant”) to assist with the Zoning Consistency Update in the amount of $134,997 and an additional cost of $14,854 for an Environmental Impact Report Addendum if warranted. The Consultant would prepare the update the Zoning Code text and Zoning Map as necessary for compliance with the General Plan 2035 and the Pueblo Viejo Implementation Strategy Plan. The Consultant would also assist with General Plan Map clean-up efforts that have been identified by staff as well as possibilities to consolidate zones. Staff believes the Consultant is the best qualified for this effort based such factors as the quality of the experience, deliverables and timeline identified in their proposal. The Consultant has previous experience with the City in the preparation of the General Plan 2035 and provided professional services for the General Plan efforts of Indio and Palm Desert. Raimi + Associates is qualified planning consultant on the City’s official list of qualified planning consultants.

ALTERNATIVES:

1. Authorize the City Manager to execute a Professional Services Agreement with Raimi + Associates for the Zoning Consistency Update.

2. Continue this item and provide staff direction.

FISCAL IMPACT:

The fiscal impact of the Zoning Consistency Update would be $134,997. If it is determined that additional environmental review is necessary for this effort, an additional cost of $14,854 would be required. Staff believes the expense of the Zoning Consistency Update is essential to remove barriers to development, affordable housing, and business opportunities in the City. This action would appropriate a maximum of $149,851 in the City’s general fund.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as noted above.

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Attachment:

1. Draft Professional Services Agreement (PSA) with Raimi + Associates

2. Zoning Consistency Update proposal – Raimi + Associates

3. Zoning Consistency Analysis

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DRAFT

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

FOR PROFESSIONAL PLANNING CONSULTANT SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 14th day of April, 2022, by and between 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, County of Riverside, State of California ("City") and City of Coachella a Raimi and Associates with its principal place of business at 1900 Addison Street, Suite 200, Berkeley, CA 94704 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing planning services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for Zoning Consistency Update ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). All Services shall be subject to, and performed in accordance with, this Agreement the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from April 14, 2022 to January 30, 2023, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at an amount not to exceed one hundred forty nine thousand eight hundred and fifty one dollars ($149, 851.00), based upon the hourly rates and list of authorized expenses set forth in the at the rates set forth in

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Exhibit "B" attached hereto and incorporated herein by reference.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

The Consultant shall invoice the City on a monthly basis for the time expended and reimbursable expenses incurred in performance of the services under this Agreement. Each such monthly invoice of the Consultant shall set forth a detailed narrative description of the services performed (including, without limitation, the specific tasks within the scope of services that the work performed relates to), the names of the individual personnel who performed the services, the amount of time expended for such services, the hourly rates for such services, the specific date (day, month and year) the services were performed, and the amount and nature of the expenses incurred by the Consultant tasks. The invoice of the Consultant shall be accompanied by copies of all third party invoices of expenses for which Consultant is seeking reimbursement.

The Consultant shall be paid the amounts specified in each monthly invoice within 30 days of receipt by the City of Coachella, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, provided further that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and provided further that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of

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Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
 Matt Raimi, AICP, Founding Principal, CEO
 Simran Malhotra, AICP, AAIA, Principal, Vice-President  Mellissa Stark, AICP, Senior Planner
 Troy Reinhalter, Associate
 Allesandra Lundin, Senior Planner
 Lilly Nie, Planning/Designer

3.3.5 City's Representative. The City hereby designates Gabriel Perez, Development Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Matt Raimi, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's

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Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5)

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pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with

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all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.

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(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

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3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

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3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof,

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at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years

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from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Raimi and Associates
1900 Addison Street, #200
Berkeley, CA 94704
ATTN: Matt Raimi
City: City of Coachella
1515 6th Street
Coachella, CA 92236
ATTN: Gabriel Perez, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data

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magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written

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information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic

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Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

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SCOPE OF SERVICES
[See Next Page]

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COMPENSATION
Zoning Consistency Update Cost Proposal

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City of Coachella’s
Zoning Consistency
Update
Proposal submission for the

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Proposal for
Zoning Consistency Update
for the
City of Coachella

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March 17, 2022
•
•
•

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Approach

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Team
Raimi + Associates
Teaming Partners

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Organization
Key Staff Bios
Raimi + Associates
City of
Coachella
Raimi + Associates
Zoning Consistency and Mapping
Rincon Consultants
Environmental Review

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Rincon Consultants

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Scope of Services
Task 1: Project Management
Task 1.1: Project Kick Off Meeting
Task 1.2: Monthly Conference Calls
Task 1.3: Teleconference Work Sessions
Task 1.4: Project Management and Coordination
Deliverables:
•
Task 2: Background Research and Review
Task 2.1: Document Review
Deliverables:
•

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Task 3: Framework Recommendations and Mapping Updates
Task 3.1: Recommendations and Framework Memo
Task 3.2 Mapping Updates
•
•
•
•
•
•

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Deliverables:
•
•
•
•
•
•
•
Task 4: Draft Code Sections
Task 4.1: Admin Draft Zoning Code Section Update
Task 4.2: 2
nd Admin Draft Zoning Code Section Update
Task 4.3: Public Hearing Draft Zoning Code Section Update Task 4.4: Environmental Review

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Task 4.5: Final Zoning Code Sections
Deliverables:
•
•
•
•
•
Task 5: Hearings and Adoption
Task 5.1 Planning Commission Hearing
Task 5.2 City Council Hearing

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Deliverables:
•
•
Optional Task A:
▪
▪

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Scope of Work Assumptions
•
•
•
•
•
•
•
•

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Cost Proposal
City of Coachella
Zoning Code Update
Cost Proposal
Hours per Task
Principal Associate Senior
Planner Planner Principal/
Director I
Senior
Prof I Prof IV Clerical/ Admin Labor Cost
Per Task
Task 1: Project Management
Task 1.1: Project Kick-Off Meeting 2 4 6 1 2 2 3,144
Task 1.2: Monthly Conference Calls (6) 6 6 2 2 3,474
Task 1.3: Work sessions (up to 4) 8 10 10 4 2 2 7,154
Task 1.4: Project Management & Coordination 6 12 4 8 6,236 Subtotal Task 1 22 14 34 4 9 14 - 2 20,008
Task 2: Initial Review & Analysis
Task 2.1 Document Review 2 16 16 8 2 6 9,202
Subtotal Task 2 2 16 16 8 2 6 - - 9,202
Task 3: Framework Recommendations and Mapping Updates
Task 3.1: Recommendations and Framework Memo 12 20 40 4 14,200 Task 3.2 Mapping Updates 2 8 28 22 10,080
Subtotal Task 3 14 28 68 26 - - - - 24,280
Task 4: Draft Code Sections
Task 4.1: Admin Draft Zoning Code Section Update 16 32 80 26 27,580 Task 4.2: 2nd Admin Draft Zoning Code Section Update 4 8 20 16 8,320 Task 4.3: Public Hearing Draft Zoning Code Section Update 2 4 12 2 3,600 Task 4.4: Environmental Review (FOC - draft and final) 2 4 8 5 12 48 2 14,926 Task 4.5: Final Zoning Code Sections (allowance) 2 4 8 2 2,920 Subtotal Task 4 26 52 128 46 5 12 48 2 57,346
Task 5: Hearings and Adoption
Task 5.1: Planning Commission Hearing 8 8 8 6 6,560
Task 5.2: City Council Hearing 8 8 8 6 6,560
Subtotal Task 5 16 16 16 - 12 - - - 13,120
Total Hours 80 126 262 84 28 32 48 4
Billing Rate $250 $190 $170 $150 $280 $197 $174 $95
Labor Cost $20,000 $23,940 $44,540 $12,600 $7,840 $6,304 $8,352 $380 Total Firm Labor Cost $123,956

EXPENSES
Mileage and Travel Expenses -
Project/Sub Management (7%) 1,601
Document Printing -
Office Expenses (Phone, Fax, Copies, etc.) 3,012
Total Expenses 4,613
TEAM TOTAL $128,569
5% CONTINGENCY $6,428
GRAND TOTAL $134,997

OPTIONAL TASK (IF NEEDED)
Task 4.4: Environmental Review (EIR Addendum - draft and final) 4 4 8 8 18 32 4 $14,854 Raimi + Associates Rincon

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Proposed Schedule

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Rincon Consultants Firm Description
•
•
•
•
•
•
Rincon Consultants Client References

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City of Corona – Housing Element Update and CEQA Addendum Client Information:

Joanne Coletta, Community Development Director
City of Corona
400 South Vicentia Avenue
Corona, California 92882
951-736-2434 | [email protected]
Dates: September 2020 to Present
Staff: Matt Maddox (Principal-in-Charge)
Brenna Weatherby (Project Manager)
Emily Green (Deputy Project
Manager)
Jason Montague (Planner)
Jenna Shaw (Planner)
Rincon recently led the City of Corona Housing Element Update. The Rincon team analyzed the Sites Inventory contained in the 2013‐2021 Housing Element to determine which sites can be utilized to meet the 6th Cycle RHNA allocation. Corona’s current demographics and land use patterns have led to the allocation of a higher number of lower income units, which is proving to be somewhat challenging given the lack of vacant land in the City. We identified underutilized sites that may be redeveloped with residential uses in the coming years as well as sites that could potentially be re-zoned to a residential or mixed-use zoning category to accommodate the City’s RHNA allocation.

Because the City recently updated its General Plan, Rincon was able to prepare a CEQA Addendum for the Housing Element tiering off the General Plan EIR and demonstrating that the Housing Element would not create a substantial increase in the severity of any impacts identified in the General Plan EIR.

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City of Carlsbad – Housing Element Update, General Plan Maintenance and CEQA Addendum
Client Information:

Scott Donnell, Senior Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
760-602-4618 | [email protected]
Dates: January 2020 to Present
Staff: Matt Maddox (Principal-in-Charge),
Brenna Weatherby (Project Manager), Jenna
Shaw (Planner)
Rincon assisted the City of Carlsbad in the preparation of their 6 th Cycle Housing Element update. The
project kicked off in January 2020, with the initial priority of inventorying the existing, but underutilized, and available housing sites, and coordination with HCD to address concerns regarding re-zoning and up zoning. We prepared revisions to existing goals, policies, and actions to ensure consistency with recent State legislation and the update Housing Element and to promote implementation of the Housing Element goals.

Throughout the project Rincon has led public outreach and information management, including overseeing the citizen housing advisory committee meetings, maintaining the project website, and developing surveys and informational materials. Rincon also reviewed legislation including those related to environmental justice, infill and affordable housing development, climate change adaptation and resiliency including threats from wildfire and sea level rise and made recommendations to the City regarding required updates to the General Plan. Rincon also prepare an Environmental Impact Report (EIR) Addendum to address environmental impacts resulting from the Housing Element update that have not already been addressed in the existing General Plan EIR.

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Item 15.

City of Simi Valley - Housing Element Update and CEQA Addendum Reference Info:

Stratis Perros
City of Simi Valley
3900 Main Street, 2nd Floor
Riverside, California 92522
805-583-6307,
[email protected]
Dates: April 2020 to Present
Scope of Work:

Compilation of updated sites inventory
Preparation of Housing Element Update
Preparation of Addendum to the General Plan EIR
Preparation for and attendance at public hearings
Staff: Matt Maddox (Principal-in-Charge),
Greg Martin (Project Manager - CEQA)
Rincon recently completed the City of Simi Valley Housing Element Update. Rincon’s role in the Housing Element Update involved facilitating regular meetings with City staff, reviewing and analyzing the Sites Inventory in the 2013‐2021 Housing Element using Rincon’s GIS resources. Rincon staff also prepared a complete housing assessment and needs analysis consistent with State Housing Element law and HCD’s Completeness Review Checklist. Because the Housing Element update was generally consistent with the land use densities described in the 2012 General Plan and analyzed in the General Plan Final EIR, an Addendum to the General Plan EIR was prepared for the project. The Addendum compared the impacts of the Housing Element update to what was considered in 2012.

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Item 15.

Matt Maddox, AICP
Principal
Matt Maddox is involved in a wide range of urban planning and land use studies, sustainable, resilient and adaptation policy development, air quality and greenhouse gas analysis, and CEQA/NEPA environmental documentation, as well as community involvement and permitting activities. Mr. Maddox has a strong background in land use and transportation planning, policy, and environmental planning. He has contributed to successful environmental and planning projects ranging from general plans to focused inner city redevelopment studies, rural land use studies, to climate action plans and documentation for compliance with environmental regulations, to greenhouse gas emissions analysis for industrial facilities. Mr. Maddox has developed a focus in the area of urban planning, sustainable design and resiliency policy, and greenhouse gas analysis.

Select Project Experience
County of Fresno General Plan Update, Fresno County
Principal-in-Charge
Rincon is completing the preparation of the Fresno County General Plan and Zoning Code update, and Program EIR. As part of the preparation, the team has updated the County’s General Plan Background Report and prepared a draft General Plan, Zoning Ordinance, and Program EIR for public review. Additionally, Rincon is preparing a Draft and Final Program EIR for Fresno County pursuant to CEQA Guidelines. The Program EIR will focus on the environmental impacts of changes or updates to General Plan policies, as only minimal changes to land use designations is proposed. The Program EIR will address the most recent changes in the CEQA Guidelines, including VMT impacts, Tribal Cultural Resources, and Wildfire impacts. Rincon is also conducting public outreach and involvement efforts for the project, including the public meetings to provide input on the Program EIR, General Plan, and Zoning Code. Due to the ongoing COVID-19 pandemic, the County and Rincon hosted the public scoping meeting virtually, to avoid in-person gatherings and congregation. Given that English and Spanish are both widely spoken in Fresno County, it is important that the public meetings are presented in both languages for full and meaningful participation. Rincon is holding meetings in various locations throughout the County and working closely with local organizations to maximize participation.

Housing Element Update and General Plan Maintenance, Carlsbad Technical Advisor
Rincon is assisting the City of Carlsbad in the preparation of their Housing Element Update and General Plan Maintenance. The project kicked off in January 2020, with the initial priority of inventorying the existing, but underutilized, and available housing sites and conducting environmental constraints analyses for air quality, biological resources, cultural resources, GHG emissions, noise, and transportation. Rincon will play a significant role in public outreach and information management, as well as overseeing the citizen housing advisory committee meetings. Rincon will review legislation including those related to environmental justice, GHG emissions, infill and affordable housing development, VMT, climate change adaptation and resiliency including threats from wildfire and sea level rise. We will then review other Carlsbad land use documents, to determine if additional amendments are necessary. We will prepare revisions to existing goals, policies, and actions, and propose new goals, policies, and actions, as appropriate. Rincon will also prepare a Supplemental Environmental Impact Report to address environmental impacts that have not Education
MESM, Bren School of Environmental
Science and Management, University of
California, Santa Barbara
BA, Political Science, California
Polytechnic State University, San Luis
Obispo
Certifications
American Institute of Certified
Planners (No. 026663)

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Item 15.

Matt Maddox,
AICP
Principal

Page 2 ends

already been addressed in the existing General Plan Environmental Impact Report.

City of Rancho Mirage General Plan Update and Environmental Impact Report, Rancho Mirage
Technical Advisor
Rincon completed the City of Rancho Mirage’s General Plan Update. The General Plan Update was a “technical” update to ensure compliance with recently adopted State laws, and to modernize the look, organization, and user friendliness of the General Plan. As part of this process, the General Plan Update’s goals, policies and programs were updated to coincide with the City Council’s current vision for the future of the City; maps and exhibits were updated to reflect the current makeup of the City; the Circulation Element were updated based on a new traffic model; a high quality graphically-designed General Plan document was created; and GIS maps were created for use in the General Plan Update document and to be used as interactive online tool.

City of Calabasas 2030 General Plan Update and Environmental Impact Report, Calabasas
Technical Advisor
Rincon completed the 2030 General Plan Update and Environmental Impact Report for the City of Calabasas. The 2030 General Plan update program was designed to build upon the vision and community values that have made Calabasas a special place to live, work, and visit and to address new issues that had emerged since the development of the previous long-range planning program. Key issues in the environmentally-conscious community revolved around the preservation of open space, development of new recreational opportunities, and incorporation of sustainability and green building concepts.

GIS and graphics design capabilities were an important component of the work program for this study as the environmental consultant needed to use, update, and create new layers within the City’s existing GIS database. The database was used to identify constraints and opportunity areas, specifically identifying the opportunity to re-focus future development potential into newly created mixed use districts along the City’s main commercial corridors. The comprehensive General Plan update and its associated Environmental Impact Report were completed (Phases 1-3) and adopted in less than two years and at 3% less than the City Council authorized expenditures.

City of Kerman 2017-2037 General Plan Update and Environmental Impact Report, Kerman
Technical Advisor
Rincon partnered with Mintier Harnish in updating Kerman’s general plan and preparing a Program Environmental Impact Report. As part of the partnership, the team prepared a Background Report for the City and presented those findings to a joint Planning Commission-City Council Hearing. Based on the feedback received from that meeting and information obtained in preparing the Background report, the team has prepared a draft General Plan and Draft Program Environmental Impact Report, which received minimal comments during the public review of the documents. Specific tasks conducted by Rincon include a noise analysis that included conducting noise measurements and preparing noise contour mapping, Assembly Bill 52 consultation, public outreach, and assessment of traffic impacts related to vehicle miles traveled in conformance with the requirements of Senate Bill 743, and coordination with Caltrans on identifying new alignments for the two State Routes (SR) in Kerman, SR 180 and SR 145. City contract Counsel praised the report for being thorough, legally defensible, self-mitigating, and written to be easily understood by the public. Page 306
Item 15.

Greg Martin, AICP
Senior Environmental Planner
Greg Martin has over 15 years of experience in the land use and environmental planning fields with a background in the preparation and project management of policy documents such as general plans, housing elements, zoning ordinances, and redevelopment plans.

Mr. Martin also has experience with municipal entitlement processing, the analysis of environmental impacts, and the preparation of CEQA and NEPA documentation.

Select Project Experience
Project Manager, City of Camarillo – 2021-2029 Housing Element Update, Camarillo Mr. Martin is the project manager for the City of Camarillo’s Housing Element Update, which Rincon is currently carrying out with its teaming partner Veronica Tam & Associates.

Our approach is to develop a Housing Element that reflects community preferences, provides for the housing needs of households of all income levels, and meets current State requirements (including new state laws regarding adequate sites, non-governmental constraints, and fair housing), while ensuring that the Housing Element Update gains Housing and Community Development Department certification in order to stay on an eight-year cycle, avoid potential legal action, and maintain eligibility for State and other funds.

Analyst, City of Ventura – 2014-2021 Housing Element Update, Ventura Mr. Martin assisted the City of Ventura’s Planning Division with preparation of the City’s 2014-2021 Housing Element Update. He led the Rincon team that helped the City complete the Housing Element land inventory analysis determining the City’s potential for housing unit production; update existing Housing Element policies and programs; coordinate and conduct workshops and meetings with stakeholders; and produce the final Housing Element Update for submission to the Department of Housing and Community Development.

Project Manager, City of Rancho Mirage – General Plan Update, Rancho Mirage Mr. Martin was a project manager for the City of Rancho Mirage General Plan Update. The General Plan Update was a “technical” update to ensure compliance with recently adopted State laws, and to modernize the look, organization and user friendliness of the General Plan. As part of this process, the General Plan Update’s goals, policies and programs were updated to coincide with the City Council’s current vision for the future of the City; maps and exhibits were updated to reflect the current makeup of the City; the Circulation Element was updated based on a new traffic model; a high quality graphically-designed General Plan document was created; and GIS maps were created for use in the General Plan Update document and to be used as an interactive online tool.

Analyst, City of Ventura – General Plan Refinement Project Initial Study-Mitigated Negative Declaration, Ventura
Mr. Martin helped the City of Ventura quantify and analyze the potential effects of the project, which involved actions to refine the City’s General Plan and Zoning Code to create a new Mixed-Use land use designation; restrict or eliminate residential use in existing Commerce and Industry designations; and create a new Optional Residential Mixed-Use Education
MCRP, Master of City
and Regional Planning,
California Polytechnic
State University, San Luis
Obispo
BA, Pre-and Early
Modern Literature,
University of California
at Santa Cruz
Certification
American Institute of
Certified Planners
(No. 021858)
Years of
Experience
15 Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

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Item 15.
overlay in the Zoning Code. Rincon also helped quantify and analyze the potential effects of these actions on the City’s Housing Element Land Inventory. This analysis led to production of a Final Initial Study-Mitigated Negative Declaration in April 2018, including Responses to Comments on the Public Review Draft Initial Study-Mitigated Negative Declaration.

Project Manager, City of West Covina – General Plan Update and Environmental Impact Report, West Covina Mr. Martin was project manager and lead analyst for the Environmental Impact Report for the City of West Covina’s 2016 General Plan Update and Downtown Plan and Code. The project included two separate but closely related elements: an update of the City’s General Plan and the preparation of a new Downtown Plan and Code designed to implement the strategies, goals, and policies of the General Plan. The General Plan Update and Downtown Plan and Code direct new growth to the City’s downtown, where development pressures are greatest, and change is desired. Housing and job growth are targeted to strategic areas along corridors and in neighborhood centers.

Project Manager/Analyst, City of Alhambra – General Plan Update, Alhambra Mr. Martin was a project manager and analyst for the update of City of Alhambra’s General Plan titled, “Vision 2035 – A Community’s Mosaic.” He focused on managing the Environmental Impact Report for the General Plan Update. The General Plan Update included a complete re-write and reorganization of the City’s General Plan to allow for ease of use for the community. The General Plan Update included the seven State required elements but was reorganized in six chapters titled:

Land Use/Community Design, Quality of Life, Resources, Services and Infrastructure, Health and Safety, and Mobility.

Project Manager, City of Ventura – Inclusionary Housing and Affordable Housing Programs Amendments Initial StudyNegative Declaration, Ventura Mr. Martin was the project manager and lead analyst for the CEQA documentation for proposed update/overhaul of the City’s Inclusionary Housing Program (IHP). The IHP is a tool to implement the City’s Housing Element and meet the community’s need for increasing affordable housing development. The proposed update/overhaul included both short-term strategies (such as providing flexibility in adjusting the income level mix of inclusionary housing units and establishing City Housing Standards relating to the number of bedrooms for certain household sizes, square footage minimums for various living spaces, and access to common areas and outdoor spaces) and long-term strategies (such as studying the potential establishment of an in-lieu housing fee, and amending the City’s Affordable Housing Program and developing an IHP Ordinance Program).

Project Manager, Gregory D. Bynum and Associates, Inc. – CSUB University Place Office Park Project Initial Study-Mitigated Negative Declaration and Addendum, Bakersfield
Mr. Martin was project manager and lead analyst for an Initial Study-Mitigated Negative Declaration and a subsequent Addendum for a proposed office park project on the campus of California State University, Bakersfield (CSUB). The project analyzed in the 2014 Initial Study-Mitigated Negative Declaration consisted of development of up to four office buildings clustered around pedestrian plazas and courtyards and surrounded by surface parking spaces and a three-story parking structure. The office buildings were proposed to total approximately 283,500 square feet on the 12.5 (net) acre project site.

The 2007 CSUB Master Plan identifies the site as one of a number of such public/private development sites fronting Camino Media. The 2019 Addendum analyzed a proposal to modify the previously proposed project. Whereas previously all phases were assumed to consist of typical “office park” uses, the modified proposal would include a 64,457 square feet building occupied by junior college classroom space, and 495 parking spaces, all on 5.109 acres of the total 12.5 acre project site. The remainder of the project site would remain available for future development as envisioned in the 2014 Initial Study-Mitigated Negative Declaration. In the Addendum, Rincon demonstrated that the revised project had no new or significantly increased environmental impacts compared the modified project.

Project Manager, City of Beaumont (subconsultant to Raimi + Associates) – Beaumont General Plan Update and Environmental Impact Report, Beaumont
Mr. Martin was the project manager for Rincon’s work on the Beaumont General Plan Update (Elevate Beaumont 2040) and Environmental Impact Report. Under contract to Raimi + Associates, Rincon provided analysis of several environmental issues for the General Plan Update and Environmental Impact Report, including biological resources (including analysis of consistency with the Riverside County Multi-Species Habitat Conservation Plan, or MSHCP) and noise (including recording and mapping existing noise levels in the community, and mapping noise contours from transportation noise sources). The General Plan Update was recently adopted by the City of Beaumont.

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers
Greg Martin, AICP | Page 2

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Item 15.

Marco Mendoza
Planner
Mr. Mendoza is a dynamic and experienced land use professional with knowledge of project management principles including the development and management of project scopes, budgets, timelines and stakeholder relationships. Prior to joining Rincon, Mr. Mendoza managed numerous Community Placement Plan projects involving the site selection, acquisition, design and rehabilitation of single family homes into residential care facilities for individuals with intellectual and developmental disabilities. Additionally Mr. Mendoza was involved in predevelopment activities for two multifamily projects. Mr. Mendoza has extensive experience working with numerous external and internal stakeholders to invent creative solutions to complex problems.

Select Project Experience
San Gabriel/Pomona Regional Center Community Placement Plan Multiple Projects, Los Angeles County
Project Manager
Under a previous employer, Mr. Mendoza successfully obtained contracts to acquire and rehabilitate 12 single family homes into residential care facilities for individuals with intellectual and developmental disabilities. Mr. Mendoza managed the site selection, acquisition, design, plan check, construction and project closeout of three of these projects. He worked closely with representatives from San Gabriel/Pomona Regional Center and the California Department of Developmental Services to create unique residential care homes that incorporated specific person-centered design features. Additionally, Mr.

Mendoza worked extensively with third party realtors, architects, vendors and general contractors as well as planners from various municipal agencies in order maintain project quality and scope while managing budgets and timelines.

Frank D. Lanterman Regional Center Community Placement Plan Multiple Projects, Los Angeles County
Project Manager
Under a previous employer, Mr. Mendoza obtained contracts for Brilliant Corners to acquire and rehabilitate 10 single family homes into residential care facilities for individuals with intellectual and developmental disabilities. Mr. Mendoza himself managed the site selection, acquisition, design, plan check, construction and project closeout of four of these projects. He worked closely with representatives from Frank D. Lanterman Regional Center and the California Department of Developmental Services to create unique residential care homes that incorporated specific person-centered design features. Additionally, Mr.

Kern Regional Center Community Placement Plan Multiple Projects, Kern County
Project Manager
Under a previous employer, Mr. Mendoza obtained contracts for Brilliant Corners to acquire and rehabilitate 12 single family homes into residential care facilities for individuals with intellectual and developmental disabilities (IDD). Mr. Mendoza Education
Master of Urban Planning, Sol Price
School of Public Policy, University of
Southern California
BA, Economics and History, University
of Wisconsin, Madison, Wisconsin
Certifications
Project Management Professional
Certification, Project Management
Institute

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Item 15.

Marco Mendoza
Planner

Page 2 ends

managed the site selection, acquisition, design, plan check, construction and project closeout of five (5) of these projects. He worked closely with representatives from KRC, and the California Department of Developmental Services to create unique residential care homes that incorporated specific person-centered design features. Additionally, Mr. Mendoza worked extensively with third party realtors, architects, vendors and general contractors as well as planners from various municipal agencies in order maintain project quality and scope while managing budgets and timelines.

Proposition HHH Housing Innovation Challenge, Los Angeles Project Manager
Under a previous employer, Mr. Mendoza was part of the development team at Brilliant Corners that responded to a funding application and was subsequently awarded a $10 million grant from the City of Los Angeles to develop 50 units of permanent supportive housing for individuals experiencing homelessness. Mr.

Mendoza supported the development team by developing project Pro Formas, writing various narratives and working with architects to create a conceptual design.

Wyandotte Multifamily Housing Project, Los Angeles
Project Manager
Under a previous employer, Mr. Mendoza conducted predevelopment activities for a 50 unit multifamily development site in the San Fernando Valley area of Los Angeles. These activities included site selection, site feasibility analyses, pro forma development, community outreach, and negotiating with property sellers and real estate agents.

Avalon Multifamily Housing Project, Los Angeles
Project Manager
Under a previous employer, Mr. Mendoza conducted predevelopment activities for a 50 unit multifamily development site in the Wilmington neighborhood of Los Angeles. These activities included site selection, site feasibility analyses, pro forma development, community outreach, and negotiating with property sellers and real estate agents. Mr. Mendoza also worked with architects, civil engineers and city planners to develop a preliminary site and floor plan for the project.

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Item 15.

June 2014

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 1

INTRODUCTION
To help clarify the extent to which the existing zones of the Coachella Zoning Code are capable of implementing the planning and urban design vision and intentions of the Public Draft General Plan Update, the consultant team has prepared this comparison of those existing zones to the new General Plan Update land use designations. This comparison addresses both quantitative and qualitative characteristics described and defined in the General Plan designations.

Table 1 provides a high level summary of the findings, identifying the degree to which each of the existing zones in the Coachella Zoning Ordinance can play a significant role in shaping development as described in each of the General Plan Update land use designations.

Then Table 2 compares the basic quantitative characteristics defined in each General Plan Designation – such as density in dwelling units per acre (du/acre), intensity through Floor Area Ratio (FAR), use, setbacks, lot coverage, height, building types, and required pedestrian and vehicle access – to those defined in each of the existing zones, again to identify how each zone may or may not contribute to implementing the General Plan Update land use designation.

The General Plan Update has added a number of new “layers” of qualitative information to the more quantitatively oriented framework of the previous General Plan, describing more completely and in more physical detail the community’s vision for the future of Coachella’s many neighborhoods, districts, and corridors. Because the new General Plan Designations have added information or emphasis on topics not explicitly addressed in the existing zones, those zones tend to be “incomplete” in their ability to describe development standards capable of routinely delivering the General Plan vision. In most cases the existing zones are not “wrong” in relation to the General Plan Designations, but rather incomplete. The primary differences in emphasis include:

Urban Form and Character: The General Plan Land Use
Designations are based primarily on the community’s vision for Coachella’s future urban form and character: how multi-modal circulation networks are connected through neighborhoods, how neighborhood services and amenities are distributed near neighborhoods, how blocks are organized, how buildings relate to streets, how buildings are accessed by both pedestrians and vehicles, and in many cases how uses may be mixed within neighborhoods and within buildings. The existing zones are based on the suburban model of land uses separated from one another by distance and by car trips, and emphasize simple quantitative metrics such as building density and height.

Contrarily, the General Plan Update is based on a California town model that organizes a diverse mixture of land uses so that one can comfortably move between the activities of daily life on foot, by bicycle, by transit – and by car – along tree-lined streets, multi-modal roads between human-scaled and pedestrianoriented buildings. Thus, in all cases the existing zones lack the ability to describe many of the functional and qualitative attributes of place that are central to the General Plan Update land use designations.

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 2 Mixing Uses and Development Types: Because many of
the General Plan Update land use designations describe places in which densities and intensities vary and uses are mixed – within carefully specified ranges – many of the existing singleuse zones describe a portion, but not all, of the use types and development types that are allowable within a given General Plan Designation. The General Plan envisions neighborhood and centers that include a broader palette of development types than the existing zones describe, including town-scale
duplexes/triplexes/quadplexes, rowhouses/townhouses, garden apartments, urban apartment buildings, and mixed-use
buildings.

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 3

EXISTING ZONES
The existing zones can be broken down into three categories: 1) those that are generally consistent with the proposed General Plan land use designations, 2) those that just need some minor adjustments, and 3) those that would need to be substantially overhauled or completely replaced with new ones to meet the intent of the General Plan Update.

Zones that are generally consistent. A number of existing zones – particularly those describing relatively low development intensities and single land uses – are generally consistent with a number of the proposed land use designations. These zones can either remain unchanged or be made more complete with the addition of development standards to ensure that new development within these existing zones conforms to the urban form and character vision described by the General Plan Update land use designations. Such zones include the Residential Single Family (R-S), 6000 Overlay (R-O-6000), Mobile Home (RMH), Manufacturing Service (M-S) zones, Medium Residential (RM), Commercial Tourist (C-T), and Senior Housing Overlay (SHO).

Zones that need minor adjustment. There are a couple of zones that would require only minor height, density, or use adjustments to be brought into closer conformance with the General Plan Update vision. These zones are:
 Multiple Family (R-M) zone: increasing the maximum
residential density from 14 du/acre to 25 du/acre.
 General Commercial (C-G) zone: allowing residential
uses. Alternatively, the zoning of certain parcels that are zoned C-G could be changed to one of the new zones
described below (such as the new Urban Neighborhood
or new Urban Employment Center zones).

Zones that need significant overhaul or should
be replaced. There are a number of zones that would
need more substantial adjustments to conform to the
vision and intent of the General Plan Update. These
zones are:
 Agriculture Reserve (A-S) zone: raising the height limit from 2 stories to 2.5 stories and the decreasing the
minimum lot size from 60 acres to 40 acres.
 Agriculture Transition (A-T) zone: raising the height limit from 2 stories to 2.5 stories and increasing the density from 1 unit/5 acres to 1 unit/2.5 acres.
 Residential Estate (R-E) zone: raising the height limit from 2 stories to 2.5 stories and decreasing the density from

2.0 du/acre to 1.0 du/acre.
 Neighborhood Commercial (C-N) zone: increasing the
height limit from 2 stories to 3 stories, allowing ground floor residential uses at the edge of the zone when the CN zone abuts single family residential neighborhoods, and increasing the residential density to as high as 40 du/acre.
 Tourist Commercial (C-T) zone: does not permit
residential uses or the diverse, downtown use mix
envisioned by the General Plan (retail uses must be
tourist-oriented). Recommend that this zone be replaced with a new Downtown Center zone (see below).
 Commercial General (CG) zone in Downtown: the height
limit would need to be increased and residential uses
would need to be introduced. Recommend rezoning
parcels within Downtown that are zoned C-G with the
new Downtown Center zone.

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 4

NEW ZONES
Many of the land use designations recommend a broader range of residential densities within a single, walkable neighborhood. In many cases this includes a higher maximum residential density than is allowed by the existing zoning, but mixed with lower densities to foster a more diverse range of housing choices within each part of the City.

Also, the average density is similar to what existing zoning would deliver, but with greater variation and diversity. Most of the proposed land use designations also provide a more diverse set of uses – such as residential, or ground floor retail, or entertainment uses – than the most applicable existing zone allows, bringing everyday necessities closer to households, thereby reducing dependence on automobile use. To further enhance the pedestrian environments of Coachella’s neighborhoods, the General Plan Designations direct that narrower lots be served by alleys, so that sidewalks are not dominated by driveways and streetscapes are not dominated by garages. Accordingly, new zones should eventually be introduced to better implement these land use designations (see Figure 1). In the interim period before the City updates its Zoning Code, there are two additional options for implementing these land use designations: Specific Plans and Planned Development. Specific Plans are planning tools that provide agencies and developers with the flexibility of created custom development standards that are independent of the Zoning Code. Planned Development is a zoning district that can be applied to projects with custom development standards, as well. Both options could be used to implement General Plan Land Use Designations that do not yet have corresponding zoning districts. These new zones would include:
a. Neighborhood General. Residential densities range between 2 – 8 du/acre with an average density of 5 du/acre. Building heights are generally one and two stories, and in some cases 2 ½ stories with a partial third floor under the roof (i.e., within the attic space) on larger lots. Buildings have generous front, rear, and side yards. The main entrance to the residences are located within the front façade and accessed directly from the street through porches and stoops. Alleys are recommended for lots less than 60 feet wide to minimize street-facing garages from dominating street frontages. Driveways from the street are as narrow as practical.
b. Urban Neighborhood. Residential densities range between 7 – 25 du/acre with an average density of 12 du/acre and
commercial intensities range up to 0.5 FAR. Buildings are one and two stories tall, with some three-story buildings near Neighborhood Centers. Building types include Single-Family Houses, Duplex/Triplex/Quadplexes, Multiplex/Efficiency Dwellings, Rowhouses/Townhouses, Garden Apartments, and Urban Apartments. Buildings, except rowhouses, have front, rear and side yards. The main entrance to the residences are located within the front facade and accessed directly from the street through porches and stoops. Vehicular access is provided through an alley at the rear of the lot or a narrow driveway to the street.

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 5 FIGURE 1: New Zones

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 6 c. Downtown Center. Residential densities range from 20 – 65 du/acre and commercial intensities range from 0.5 – 3.0 FAR.

Buildings are two to five stories tall, with taller buildings toward the Downtown core. Building types include
Rowhouses/Townhouses, Garden Apartments, Urban
Apartments, and Main Street/Mixed Use buildings. Building entrances are directly from the sidewalk, via shopfronts, arcades, galleries, and forecourts for shops and restaurants, and via stoops, dooryards or porches for residences. Vehicle access is designed to minimize impact on the pedestrian environment with parking lots located internally to blocks and accessed via side streets, alleys, or with a minimal number of intrusions in the sidewalk. Services and trash are located behind the buildings in alleys or rear parking areas.
d. Urban Employment Center. Residential densities range from 30- 65 du/acre and commercial intensities range from 0.5 – 2.0 FAR.

Buildings are two to five stories tall. Primary building types include Office/R&D buildings, Mixed Use/Main Street buildings, as well as Garden Apartments and Urban Apartments.

Rowhouses/ Townhouses are allowed in limited circumstances to serve as a transition to lower density residential uses.

Buildings with ground-floor shopfronts are generally built to the sidewalk and office or R&D buildings may be set back behind shallow front yards or forecourts. Building entrances are directly from the sidewalk, via forecourts, shopfronts, dooryards, stoops, and porches. Vehicular access is provided to parking lots or structures by alleys and driveways. Services and trash is located behind the buildings in alleys or rear parking areas.
e. Regional Retail District. Residential densities range from 10-15 du/acre and commercial intensities range from 0.35 – 2.0 FAR.

Buildings are generally one and two stories tall, but may be up to four stories, particularly for mixed use projects. Exceptions for taller buildings may be made in special circumstances, such as hotels and iconic buildings or structures. The primary building type is Suburban Retail. Other allowed building types include Main Street/Mixed Use buildings, Urban Apartments, and
Rowhouses/Townhouses. Buildings with ground-floor
shopfronts are generally built to the sidewalk and are attached, with no side yards. Vehicular access is provided to parking lots via public and private streets (e.g., common drives detailed as small streets), by driveways from adjacent neighborhood streets, by service alleys, and from the primary roadway. Service functions such as loading and trash pickup are located at the rear of the lot.
f. Resort District. Residential densities are up to 8 du/acre and commercial intensities are up to 0.1 FAR. A range of building types are allowed to suit the needs of the resort developer and expected clientele and types other than these are allowed so long as there is no negative visual or aesthetic impact to areas outside of the resort. Building heights should generally be between one and four stories, but higher limits may be allowed in certain circumstances such as larger hotels or other structures

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 7

Page Intentionally Left Blank.

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 8 Existing Zones New Existing New Existing New Zones Existing Agriculture Reserve (A-R)
Agriculture Transition (A-T)
Residential Estate (R-E)
Residential Single Family (R-S)
6000 Overlay(R-O-6000)
Neighborhood General
Mobile Home (R-MH)
Residential Multiple Family (R-M)
Urban Neighborhood Zone
Neighborhood Commercial (C-N)
Tourist Commercial (C-T)
General Commercial (C-G)
Central Downtown Zone
Urban Employment Zone
Regional Retail Zone
Resort Zone
Manufacturing Service (M-S)
Heavy Industrial (M-H)
Industrial Park Overlay
Wrecking Yard (M-W)
Ranchos
Agricultural
Rancho

Rural
Rancho
  Neighborhoods
Suburban
Neighborhood
  
General
Neighborhood

Urban
Neighborhood
 
Centers
Neighborhood
Center
 
Downtown
Center
  
Urban
Employment
Center
 
Districts
Suburban
Retail District

Regional
Retail District   
Industrial
District
    
Resort
District

Specific
Plans
Specific
Plans
Public
Parks and
Open Spaces
Schools
Public
Facilities and
Buildings

Existing Zone has no role in implementing proposed Land Use Designation  Existing Zone can play role in implementing proposed Land use Designation with only minor quantitative changes  Existing Zone can play role in implementing proposed Land Use Designation only with significant changes to basic land use and/or density parameters  New Zone to implement proposed Land use Designation
 New Land Use Designation to accommodate Existing Zone  Orange Highlighted Zoning types indicate new designation needed Table 1: Existing Zones and New Land Use Designation compatibility

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Coachella General Plan Update 2035 Consistency Rezoning Review | 9 Density
(du/acre) Min. Lot Size
Building
Height
Use Mix
Existing
Zones
Agriculture Reserve
(A-R)
Existing 60 acres 2 story
Proposed 40+ 2.5 story
Agriculture Transition
(A-T)
Existing 1 unit/5 acres 5 acres 2 story
Proposed 1 unit/2.5 acres Not specified 2.5 story
Residential Estate (RE)
Existing 2.0 20,000 sf 2 story
Proposed 1.0 Not specified 2.5 story
Residential Single
Family (R-S)
Existing 4.6 7200 sf 2 story
Proposed No change No change No change No change
6000 Overlay
(R-O-6000)
Existing 5.4 6,000 sf 2 story
Proposed No change No change No change No change
New
Zone
Neighborhood General
Zone

5.0 average/8.0
max
5,000 sf 2.5 story
Existing
Zones
Mobile Home
(R-MH)
Existing
No change
Proposed
Residential Multiple
Family (R-M)
Existing 14.0
4,000 - 7,000
sf
3 story/45
feet
Proposed 7.0 - 25.0
2,000 - 22,500
sf
No change
New
Zone
Urban General Zone 20.0 - 38.0
2,000 - 22,500
sf
3 story Mixed-use
Existing
Zones
Neighborhood
Commercial (C-N)
Existing n/a 5,000 sf 2 story Ground floor residential not allowed Proposed 15.0 - 40.0
2,000 - 22,500
sf
3 story Allow ground floor retail at edge of center
Tourist Commercial
(C-T)
Existing No Change;
Consider Eliminating Zone Proposed
General Commercial
(C-G)
Existing n/a 5 acres 3 story/50 ft.

Proposed n/a 1-2 story
New
Zones
Central Downtown Zone 20.0 - 65.0 2-5 story Mixed-use
Urban Employment
Zone

30.0 - 65.0 2-5 story Mixed-use
Regional Retail Zone 10.0-15.0 1-4 story Retail. Lodging, Entertainment, Residential Resort Zone 8.0 1-4+ story
Residential, lodging, recreational and support
retail and commercial services, theme parks,
sports venues and specialized entertainment uses
Existing
Zones
Manufacturing Service
(M-S)
Existing 10,000 sf
Proposed No change
Heavy Industrial
(M-H)
Existing 10,000 sf
Proposed No change
Industrial Park Overlay
Existing 10,000 sf
Proposed No change
Wrecking Yard
(M-W)
Existing 10,000 sf
Proposed No change
 Orange Highlighted Zoning types indicate new designation needed Table 2: Quantitative characteristics of New Land Use Designations

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Coachella General Plan Update 2035 Consistency Rezoning Review | 10 Zoning Code Update Process
To update the zoning code, it is recommended that the City undergo the following process:

Review the existing structure of the zoning ordinance – including procedures and administration – with the intent of the proposed land use designations in mind. Identify structural and organizational streamlining as well as
procedures that need to be added or amplified in order
to coordinate the development types envisioned by the
General Plan, including better integration with the
subdivision ordinance. The result of this stage is an
updated table of contents and an outline describing how the information from the existing code is incorporated
into the new one.

Confirm and expand on the key adjustments and
additions that are needed in each of the existing
zones. As described above, some zones –especially the
single family zones – need very little adjustment and
could stay as and continue to regulate existing housing tracts.

Create the new zones that are needed to implement the
urban form and character envisioned by the proposed
land use designations.

Undergo the consistency rezoning process, whereby
new/updated zones get applied to real parcels. For
existing patchwork areas between existing housing
tracts and strip malls that are partially or largely
undeveloped, a neighborhood master plan process
should be developed to ensure that a vision for these
areas is generated prior to creating zones.

Update the City’s subdivision ordinance, subdivision
standards, and the City’s standard drawings for streets, sidewalks, and other public improvements so that they
predictably make streets, blocks, and lots that can be
developed in accordance with the new General Plan
vision.

Neighborhood Master Plans
Zoning is a parcel level phenomenon, whereas place-making – as described throughout the General Plan Update – is not a parcel level phenomenon. Accordingly, for areas in which development is still fragmentary – such as the areas east of the Highway 86 Expressway and virtually all areas west of the Highway 86 Expressway – a “neighborhood master plan” should be prepared before any new or updated zoning is applied to the property. The new zoning code should identify:
 Project size thresholds for master planning,
 guidance on small scale master planning, such as
reciprocal access and parking agreements, to avoid
piecemeal development,
 guidance on large scale master planning expectations
to ensure the General Plan goals are achieved, and
 the areas where these master plans are required in
order to alert land owners and developers at the time of entitlement that their land will need to be rezoned to
bring them into General Plan consistency.

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 11 Summary and Zoning Consistency
This analysis has identified three tiers of changes that need to occur to provide consistency with the General Plan Update. The tiers are organized as follows:
1) Zones that are to remain substantially unchanged
a. Commercial Tourist, Plan Unit Development (C-T,
PUD)
b. Manufacturing Service (M-S)
c. Open Space (O-S)
d. Residential Medium, Plan Unit Development (RM, PUD) e. Mobile Home ( R-MH)
f. 6000 Overlay (R-O-6000)
g. Residential (R-PUD)
h. Residential Single Family (R-S)
i. Senior Housing Overlay (SHO)
j. Transportation (T)
2) Zones that will require minor changes
a. General Commercial (C-G), except where the
Downtown Center is located
b. Multiple Family Residential (R-M)
c. Residential Medium Density (R-M-4300)
3) Zones that need to be changed or replaced
a. Agriculture Reserve (A-R)
b. Agriculture Transition (A-T) – Change
c. Commercial Entertainment (C-S)
d. Commercial General (C-G) – Replace
e. Neighborhood Commercial (C-N) – Change or
Replace
f. Tourist Commercial (C-T) – Replace
g. Residential Estate (R-E) – Change
Zoning Consistency
The zoning consistency map (Figure 2) highlights areas where existing zoning uses conflict with uses permitted by the Coachella General Plan Update Land Uses. The four categories include Consistent, Inconsistent, Specific Plan areas, and New Zones. Consistent areas are zones that existing zoning and allowed uses would still be permitted upon adoption of the General Plan Update, and General Plan Land Use Map. The Inconsistent areas are highlighted as conflicting zones and will require a change or replacement in allowed uses in order to be consistent with the new land use zones outlined by the General Plan Update. Specific Plan designations show areas where specific plans will allocated special zoning that meets the uses with the specific plan area. Lastly, New Land Use Designations in Figure 8 are areas where there is currently no zoning.

However, new land use designations may result in early zoning allocations to these areas based on the General Plan Update Land Use Map. A majority of land within the City boundaries is shown as inconsistent and will require extensive zoning updates to ensure new zoning is consistent with allowed uses allocated by the General Plan Land Use Map. Complete zoning
consistency will better assist the City to reach the goals and guiding vision of the General Plan Update 2035.

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 12 FIGURE 4: Zoning Consistency Map

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 13 Page Intentionally Left Blank.

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Item 15.

Coachella General Plan Update 2035 Consistency Rezoning Review | 14

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Item 15.

Coachella City CouncilApril 13, 2022

Coachella City Council
April 13, 2022