Coachella City Council
October 12, 2022

Item 15.
procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00). Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at, the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthlyitemized statement, which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

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

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. 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 One Thousand Dollars ($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. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

Item 15.

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

3.5 General Provisions.

3.5.1 Termination of 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, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services, which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

City
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez
Consultant
The Christmas Kings
31500 Grape St, Suite 3233
Lake Elsinore, CA 92532
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

Item 15.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Consultant or provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Consultant shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.5.6 Indemnification. Consultant shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or

Item 15.
other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

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

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

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

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

Item 15.

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

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

3.5.17 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.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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 any City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.5.21 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.

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

3.6 Subcontracting.

Item 15.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE.]

Item 15.

CITY OF COACHELLA
By:

Dr. Gabriel D. Martin
City Manager

THE CHRISTMAS KINGS
By:

Mathew Kronquist, Owner Operator
Attest:

By:

City Clerk
Approved as to Form:
****Approved Form****
Best Best & Krieger LLP
City Attorney

Item 15.

Exhibit A
The City of Coachella desires to highlight its Downtown public spaces to create a festive and attractive atmosphere for residents, visitors, and businesses. The successful responder must demonstrate the ability to utilize creativity and cohesiveness with the established aesthetic of the Downtown. Total project budget cannot exceed $50,000.

The scope of work includes the design, installation, maintenance/service and removal. The lighting and decorations will be installed in two locations in Coachella: 1515 Sixth Street (City Hall) and 1500 Sixth Street (Coachella Library). With the focus along the Sixth Street corridor.

Electricity is available at each site and the power costs will be paid by the City. Lighting and decorations shall be securely fastened to reduce the likelihood of damages and outaged due to wind. All extension cord connections should be wrapped/anchored to protect moisture and prevent tripping hazards. Trees are to be fully wrapped including trunk and branches. The City is requesting proposals include a holiday music and lighting synchronization programming. Holiday lighting and decorations must be completely installed as of December 5, 2022 and removal of the installed items must be done between January 2-5, 2023.  City Hall Location – decorated areas include the Sixth Street facing building and turf area between Orchard Street and Vine Street. City staff will be wrapping all palm trees and installing warm C9 bulbs along the roofline.
 Coachella Library Location – decorated areas include the Sixth Street facing building and parkway/courtyard area along Sixth Street. City staff will be wrapping all palm trees and installing warm C9 bulbs along the roofline.

Item 15.

Fu

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Amendment No. 2 to the Professional Services Agreement with KOA Corporation, Inc. for an amount of $16,344.00 to provide PS&E and Right of Way Services for the improvements of Avenue 50 from Calhoun Street to Cesar Chavez Street – City Project ST-93.

STAFF RECOMMENDATION:

Authorize the City Manager to execute Amendment #2 to the Professional Services Agreement with KOA Corporation, Inc. for an amount of $16,344.00 to provide PS&E and Right of Way Services for the improvements of Avenue 50 from Calhoun Street to Cesar Chavez Street – City Project ST-93.

BACKGROUND:

The total cost to complete improvements for this project is an amount of $9,250,000, currently there is a reimbursement agreement between CVAG and The City of Coachella to provide funding with the regional share of 75%(CVAG) for an amount $6,937,500 of the total cost. The Project is among the Top 10 projects listed in the 2015 Transportation Project Prioritization Study (TPPS).

The City is the lead agency for this proposed work. The project will widen the existing street and construct concrete curb and gutter on within areas where none exists between Calhoun Street and Cesar Chavez Street. The finished project will complete the planned widening of Avenue 50 to two traffic lanes in each direction, and include pedestrian, bicycle and drainage facilities.

DISCUSSION/ANALYSIS:

On October 9, 2019 City Council authorized an agreement with KOA Corporation for professional design services. The consultant has completed the environmental document and finalized project scope, which include right-of-way acquisition.

On November 10, 2021 City Council authorized Amendment #1 to KOA to modify the plans to evaluate value engineering and underground utility considerations between De Oro and Kensington.

Item 16.

FISCAL IMPACT:

Funding for these services will be reimbursed at the rate previously specified of 75% CVAG ($12,258), and 25% City ($4,086) from Street DIF funds.

ATTACHMENTS:

1. Amendment No. 2 to the Professional Services Agreement

2. Amendment Proposal

Item 16.

SECOND AMENDMENT TO AGREEMENT BETWEEN THE

CITY OF COACHELLA

AND KOA CORPORATION
Project ST-93
THIS SECOND AMENDMENT ("Amendment") is made and entered into as of October 12, 2022 by and between the City of Coachella ("City") and KOA Corporation (“Consultant”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Recitals. This Amendment is made with the respect to the following facts and purposes:
a. On or about October 9th, 2019 the City and Consultant entered into that certain agreement entitled “City of Coachella Professional Services Agreement” between the City and Consultant in the amount of $545,360 for project ST-93. b. On or about November 10th, 2021 the City and Consultant entered into that certain agreement entitled “First Amendment” between the City and Consultant in the amount of $71,680.
c. The parties now desire to amend the Agreement as set forth in this Amendment.

2. Amendment. Section 3.3.1, Compensation, of the Agreement is hereby amended in its entirely to read as follows:
"3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement as set forth in Exhibit "A" at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Thirty-Three Thousand Three Hundred Eighty-Four Dollars ($633,384.00) without written approval of the City’s representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."

3. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

Item 16.

5. Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS THEREOF, the parties have executed this Amendment as of the day and year first set forth above, which date shall be considered by the parties to be the effective date of this Amendment.

CITY OF COACHELLA KOA CORPORATION.

By:____________________________ By:_________________________ Gabriel Martin, City Manager Min Zhou, Chief Executive Officer/President Approved as to form:

By:_____
Carlos Campos, City Attorney
Attest:

By:___________________________
Angela Zepeda, City Clerk

Item 16.

Avenue 50 CVWD Line Abandonment and Signal Interconnect Conduit Design Page 1 City of Coachella
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: 619.683.2933 | F: 619.683.7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO
September 28, 2022
Mr. Andrew Simmons, P.E.

City Engineer
53990 Enterprise Way
Coachella, CA 92236
Subject: Avenue 50 CVWD Line Abandonment and Signal Interconnect Design Dear Mr. Simmons:

Thank you for requesting KOA Corporation (KOA) to provide this proposal for assisting the City in the abandonment of the CVWD irrigation line 118.7 east of meter number 1700 along Avenue 50 between Calhoun Street and Van Buren Street, and for provision for future traffic signal interconnection between Calhoun Street and Cesar Chavez Street, the westerly 1300 feet of which will be constructed by DR Horton, and the easterly remainder to be incorporated into the Avenue 50 Street Improvement Plans. specifications, and estimate.

PROJECT UNDERSTANDING
The widening of Avenue 50 between Calhoun Street and Van Buren Street has triggered a concern on the part of CVWD that the construction activities may compromise the integrity of one of their irrigation distribution lines. To that end the City has suggested that the CVWD abandon irrigation 118.7 east of meter number 1700, which no longer serves any customers. Preliminary discussion with the CVWD and City indicated that the irrigation line could be abandoned by filling the pipe with flowable fill and relocating meter number 1700. KOA would provide assistance to the City in the abandonment process.

The original scope of services did not anticipate interconnect of the traffic signals along Avenue 50. CVAG has initiated a project to interconnect the traffic signals on significant travel corridors throughout the region, including Avenue 50. Because the design for this segment of the CV Synch signal interconnect project will occur after the Avenue 50 construction, it would seem practical to install conduit and pull boxes for future interconnect as a part of the Avenue 50 Improvements. The plans should include 3” HDPE conduit schedule 80 with No. 6 E pull boxes spaced not more than 500 feet apart, with a N40 splice vault adjacent to each traffic signal controller.

SCOPE OF SERVICES
The scope of services to be provided include:

CVWD Line Abandonment Coordination

1. KOA will provide existing utility plan base sheets to CVWD for verification of CVWD utilities. We will request from CVWD abandonment requirements, specifications, and details. We will assist the City in coordinating for the abandonment of the line through providing the Avenue 50 Improvement Plans.

Traffic Signal Interconnect Conduit for Avenue 50 Improvement

Item 16.

Avenue 50 CVWD Line Abandonment and Signal Interconnect Conduit Design Page 2 City of Coachella
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: 619.683.2933 | F: 619.683.7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO

2. KOA will utilize the Avenue 50 Improvement Plan base sheets to prepare conduit and pull box plans for future fiberoptic signal interconnect along Avenue 50 from the DR Horton frontage to Cesar Chavez Street. The plans will depict 3” HDPE conduit, with number 6E pull boxes spaced at not more than 500 feet. Conduit will be designed with 45-degree sweeps, and splice vaults will be situated near each controller for subsequent fiber optic design. Plans will be submitted at the 100% completion level. We will respond to City comments and submit final plans as part of the Avenue 50 Improvement plans.

FEE
KOA Corporation will perform the work specified in the scope above based on the following fee summary.

PROJECT ASSUMPTIONS
Our proposal was developed on the following understanding of the project.  KOA will not be preparing abandonment plans for the CVWD lines, but will only be assisting the City through coordination and supplying Avenue 50 Improvement plans  KOA’s plans for CVWD line abandonment will be provided in KOA’s CAD layers, and plans will not be prepared per CVWD CAD standards.
 Conduit and pull boxes only with pull ropes will be designed for future interconnect. Fiber optic design will not be provided at this time.

Please let me know if you have any questions or comments regarding our proposal and we can discuss it at your convenience. Thanks for this opportunity!
Sincerely,
Ali Shahzad, PE
Managing Director/Senior Engineer

KOA CORPORATION

TASK NUMBER SR ENGR II
S
R
E
N
G
R
I
SR.

ASSOC
ENGR I
ASSOC

ENGR II
SR
ADMIN
TOTAL
HOURS

DIRECT COSTS
TOTAL
COSTS
$249.00 $145.00 $133.00 $98.00

1. CVWD Line Abandonment Coordination 8 8 2 18 $3,348.00

3. Traffic Signal Interconnect Conduit for Avenue 50 12 36 36 84 $12,996.00 TOTAL 20 44 36 2 102 $0.00 $16,344.00
FEE FOR AVENUE 50 CVWD LINE ABANDONMENT AND SIGNAL INTERCONNECT CONDUIT DESIGN

Item 16.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize The City of Coachella’s Tacos, Tequila and Chavelas Festival beer garden operation on October 22, 2022 at Veterans Memorial Park from 4pm to 8pm.

STAFF RECOMMENDATION:

Authorize The City of Coachella’s Tacos, Tequila and Chavelas Festival beer garden operation on October 22, 2022 at Veterans Memorial Park from 4pm to 8pm.

EXECUTIVE SUMMARY:

The City of Coachella’s Tacos Tequila and Chavelas Festival has been an event focused on celebrating Coachella’s culinary talents and supporting its local eateries. In partnership with the Greater Coachella Chamber of Commerce (Chamber), the City developed and launched this event in 2017. The 2022 event is recommended to take place on Saturday, October 22, 2022 from 4pm to 8pm at Veterans Park.

Staff is working with the Chamber to secure a total of ten to eleven taco vendors for 2022. The 2022 ticket sales remain the same - $20.00 for taco tasting and $25.00 for taco tasting with one chavela/tequila tasting. All participating restaurants will be provided a $500-$750 stipend to aid participants in paying for their food costs and all will compete for 1st, 2 nd and 3rd place cash prizes
of $3,000, $2,000 and $1,000. All participants will also compete for People’s Choice Award.

In addition to the event’s food attractions, the event will include two live bands, live ballet folklorico dancing, a live dj, lawn games and a mechanical bull. The event includes a beer garden and staff is requesting authorization for the event to permit a beer garden at Veterans Park from 4pm-8pm on Saturday, October 22, 2022.

FISCAL IMPACT:

None.

Item 17.

Item 18.

Item 18.

Item 18.

Item 18.

Item 18.

Item 18.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Approve a Community Based Grant to the Bianca Rae Foundation in the Amount of $1,000
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community Based Grant (CBG) to the Bianca Rae Foundation in the amount of $1,000.00.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, schools, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget includes an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

The Bianca Rae Foundation is a 501(c)(3) nonprofit organization with the mission to give a voice to the voiceless. The foundation is divided into two verticals: a concentration on providing guidance and leadership to Southern California youth and a focus on providing resources for homeless animals. For this application, the foundation is requesting grant funding support to help fund the annual Rae of Hope Retreat where middle-school children convene for the day to learn about self-love, anti-bullying, social media safety, and more. This year, the foundation will be hosting two retreats: one for girls and one for boys.

ALTERNATIVES:

1. Award the Bianca Rae Foundation a Community Based Grant in the amount of $1,000.00.

2. Do not award a Community Based Grant.

Item 18.

FISCAL IMPACT:

If the Council approves the staff recommendation, the Community Based Grant account will be reduced by $1,000.00.

ATTACHMENT:

Community-Based Grant Program Application

Item 18.

CITY OF COACHELLA, CA

COMMUNITY BASED GRANT PROGRAM

APPLICATION FOR FUNDS REQUEST
Please Type Information and Print
Information entered in the provided spaces cannot be saved. (Attach additional pages as needed, however applicants are encouraged to be brief.)

1. Application Funding Cycle: Date:

July 1, 20      - June 30, 20

2. Total Amount Requested: $
If requesting waiver of City fees or charges, please indicate the City service for which the waiver is being requested.

3. Proposed Program/Service of Funding Request:

4. Agency/Organization:

5. Mailing Address:

City: Zip:

6. Telephone:

Fax:

7. Official Contact Person:

Name:

Title:

Telephone:

Fax:

E-mail:
09/12/2022
22 23
1000
Assistance League Coachella Valle
P.O. Box 3056
Rancho 92270
(760) 848-0084
Jennifer Gifford
Grants Chairperson
(408) 656-8929
[email protected]
Operation School Bell®

Item 19.

8. Does this organization have a non-profit status with the Internal Revenue Service (IRS)? Yes No (Attach documentation)

9. How long has this organization been in existence?

10. Has the organization previously received funding from the City of Coachella? Yes No
If yes, please identify the program/service, total prior grant allocation, and the fiscal year in which the funds were received.

11. Is this request for a New or Existing program/service within the City?

12. What is the anticipated time frame to provide the proposed program/service and the expenditure of the requested funds?

13. Describe briefly how the requested funds will be used.

14. Will the program/service require additional funding sources? If so, identify all funding sources and provide the steps taken to acquire funding.

15. If the program/service is planned to continue beyond the period provided by this grant, what funding plans are there to sustain the program/service?

16. How will the proposed program/service serve City of Coachella residents? Will the proposed program/service also serve non-Coachella residents? Please describe.

17. Describe the characteristics of the clients the proposed program/service anticipates to serve (i.e. age group, gender, income level, ethnicity, etc.)

18. Attach a proposed budget for requested funds.

Authorized Official: Title:

Signature: Date:
✔
✔
✔
49 years serving the Coachella Valley,
For Operation School Bell, we received $1,000 in each of the following fiscal years:2021-22, 2019-20, 2018-19, 2017-18, 2016-17 and 201 5-16.

July 1, 2022 to June 30, 2023
Please see attached program description
Yes, we apply for grants from: local municipal and governmental agencies, private,and public foundations. We solicit individual donations and operate membership fundraising throughout the year.

Funding is sought on an annual basis, depending on the number of students identified as in need.

Please see attached program description
We serve all eligible elementary school students in the Coachella Unified School District.

The latest information provides that the district’s minority enrollment is 100% and 65.2% of students are economically disadvantaged. The students to be served are predominately Hispanic, English language learners
Jennifer Gifford Grants Chairperson

Item 19.

Item 19.

Item 19.

Assistance League Coachella Valley
Operation School Bell® Clothing and Hygiene Approved Budget 2022-2023 Fiscal Year
Clothing $200,000
(shirts, shoes, socks, underwear)
Hygiene Supplies 20,000
(brush, comb, toothbrush, toothpaste, dental floss, shampoo, soap, deodorant) Office Supplies 200
TOTAL $220,200

Item 19.

Item 19.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Approve a Community Based Grant to the Assistance League Coachella Valley in the Amount of $1,000
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community Based Grant (CBG) to the Assistance League Coachella Valley in the amount of $1,000.00.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, schools, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget includes an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

The Assistance League Coachella Valley is a 501(c)(3) nonprofit organization with the mission of volunteers transforming the lives of children through community programs. The Assistance League Coachella Valley (formerly the Assistance League of Palm Springs), accomplishes its mission through Operation School Bell, its largest philanthropic program that provides new school clothing and hygiene kits to needy children. Grant funding support will help Operation School Bell serve low-income, at-risk elementary school-age children in Coachella.

ALTERNATIVES:

1. Award the Assistance League Coachella Valley a Community Based Grant in the amount of $1,000.00.

2. Do not award a Community Based Grant.

Item 19.

FISCAL IMPACT:

If the Council approves the staff recommendation, the Community Based Grant account will be reduced by $1,000.00.

ATTACHMENT:

Community-Based Grant Program Application

Item 19.

Item 20.

Item 20.

Item 20.

Item 20.

Item 20.

Item 20.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Approve a Community Based Grant to Angel View in the Amount of $1,000.00 to Support its Outreach Program for Children
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community Based Grant to Angel View in the amount of $1,000.00 to support its Outreach Program for Children.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, schools, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget includes an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

Angel View is a nonprofit organization with the mission of helping children and adults with disabilities reach their maximum potential. Each year, Angel View helps hundreds of people make significant gains toward independence through three primary programs: Residential Care, Day Program and Angel View Outreach. Angel View accepts clients without regard to race, color or national origin and makes every effort to accommodate clients’ cultural and religious customs.

Through its Outreach program, Angel View provides much needed equipment like specialized car seats, orthopedic shoes, communication devices, adaptive equipment, and mobility devices. Angel View also enables children with a wide range of disabilities to participate in programs like the American Youth Soccer Organization VIP Soccer League, SkillsBuilders, art classes, swim programs and more.

Item 20.

ALTERNATIVES:

1. Award a Community Based Grant to Angel View in the Amount of $1,000.00 to Support Its Outreach Program for Children

2. Do Not Award a Community Based Grant to Angel View
FISCAL IMPACT:

If the City Council approves a grant award, the Community Based Grant account will be reduced by $1,000.00.

ATTACHMENT:

Community Based Grant Application

Item 20.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Approve a Community Based Grant to the Coachella Youth Sports Association Soccer League in the Amount of $1,000
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community Based Grant (CBG) to the Coachella Youth Sports Association Soccer League in the amount of $1,000.00.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, schools, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget includes an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

The Coachella Youth Sports Association Soccer League is a 501(c)(3) nonprofit organization that was established in 2009 and is dedicated to fostering sports competition amongst youth. CYSA Soccer League is requesting grant funding support to purchase new soccer goal posts for field number two, which is located at the open green space owned by Armtec Defense on Avenue 53.

ALTERNATIVES:

1. Award the Coachella Youth Sports Association Soccer League a Community Based Grant in the amount of $1,000.00.

2. Do not award a Community Based Grant to the Coachella Youth Sports Association Soccer League.

Item 21.

FISCAL IMPACT:

If the Council approves the staff recommendation, the Community Based Grant account will be reduced by $1,000.00.

ATTACHMENT:

Community-Based Grant Program Application

Item 21.

Item 21.

Item 21.

Item 21.

Item 21.

Item 21.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Grants Manager
SUBJECT: Authorize a Community Based Grant to Culturas Music and Arts in the Amount of $1,000 to Support its Art Center
STAFF RECOMMENDATION:

Staff recommends that the City Council consider awarding a Community Based Grant (CBG) to Culturas Music and Arts in the amount of $1,000.00 to help offset the expense of general liability insurance for one year.

BACKGROUND:

The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget included an allocation of $15,000 for the Community Based Grant Program.

DISCUSSION/ANALYSIS:

Culturas Music and Arts is a nonprofit organization based in the city of Coachella dedicated to art, culture and music. Culturas Music and Arts is requesting grant funding support to help offset the expense of general liability insurance for one year at its Art Center, located at 510 Vine Avenue, Coachella, CA 92236.

ALTERNATIVES:

1. Authorize a Community Based Grant to Culturas Music and Arts in the Amount of $1,000 to Support Its Art Center

2. Not Authorize a Community Based Grant to Culturas Music and Arts

Item 22.

FISCAL IMPACT:

Should the City Council approve the staff recommendation, the Community Based Grant account will be reduced by $1,000.00.

ATTACHMENT:

1. Copy of Application

Item 22.

Item 22.

Oralia Ortiz
Oralia Ortiz Director
05/31/2022

Item 22.

Item 22.

Item 22.

Item 22.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award construction agreement to WGJ Enterprises Inc. (dba PCI) for the FY 2023-26 On-Call Striping Contract Project No. 083122.

STAFF RECOMMENDATION:

Award construction agreement to WGJ Enterprises Inc. (dba PCI) for the FY 2023-26 On-Call Striping Contract Project No. 083122.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for on-call striping services for fiscal years 2023-2026. This RFP closed on October 4, 2022 at 2pm. The City received one responsive and responsible proposal from WGH Enterprises Inc., the total base bid amount was $144,294. The base bid comprised of a total of over thirty striping and street marking options for a one-mile distance. Based on unit pricing provided staff will prioritize striping work needed on major arterials for fiscal year 2022/2023.

Staff has reviewed the response received from WGH Enterprises Inc. (dba PCI) and is recommending award of a construction agreement for a one-year term, with the option to extend for up to three additional one-year terms for on-call striping services. The contract term being November 1, 2022-October 31, 2026. The recommended award amount is a not to exceed amount of $120,000, based on available budget.

FISCAL IMPACT:

The recommended action will not have a fiscal impact.

Attachments:

Proposed Agreement

Item 23.

CONTRACTOR AGREEMENT
This Contract for Construction (“Contract”), is made and entered into this 12th day of October, 2022, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53462 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and WGJ Enterprises Inc., dba PCI, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

FY 2023-26 On-Call Striping Contract
CITY PROJECT NO. 083122
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TERM.

The term of this Agreement shall commence on the 1
st day of November 2022, and shall terminate
on the 31st day of October 2023, unless terminated earlier as set forth herein.

This Agreement may be mutually extended for up to three additional one-year terms, through fiscal year 2025/2026, upon satisfactory performance of all aspects of this Agreement. The City may submit written notice that the Agreement is to be extended at the same terms and compensation as the existing Agreement.

Contractor and City agree that time is of the essence regarding the performance of this Agreement. All work called for under this Agreement will require the Contractor submit and City approve a Project Schedule for completion of work requested.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the not to exceed sum of One Hundred Twenty Thousand Dollars ($120,000.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Proposal Schedule.

Item 23.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time (per approved Project Schedule). Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Proposers
ProposalForms
ProposalAcknowledgement
ProposalSchedule
ProposalGuarantee
Designation of Subcontractors
Information Required of Proposers
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications

Item 23.

Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Item 23.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF COACHELLA
By:

Dr. Gabriel D. Martin
City Manager
ATTEST:

By:

Andrea Carranza, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
WGJ ENTERPRISES INC., DBA PCI
By:

Its:

Printed
Name:

By:

Its:

Printed
Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number

Item 23.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel D. Martin, City Manager
Celina Jimenez, Grants Manager
SUBJECT: Sponsorship of Raices Cultura for 2022 Dia de los Muertos Celebration in the Amount of $15,000
STAFF RECOMMENDATION:

Staff recommends that the City Council consider approving a sponsorship request for Raices Cultura in the amount of $15,000 to be the Presenting Sponsor of their Dia de los Muertos celebration on November 5, 2022.

EXECUTIVE SUMMARY:

Since 2004, the Dia de los Muertos celebration event by Raices Cultura has grown year after year and the 2019 event brought more than 4,000 attendees together to celebrate art, culture, and community health with the main event partner’s Run with Los Muertos 5k Race. Funding from Raices Cultura sponsors supported unique art displays from large-scale Calaveras painted by local artists, to the traditional ‘ofrendas’ built by intergenerational family members, artists, and community organizations; the community art gallery featured over a dozen visual artists, a special commission of two over-sized ‘titeres’ - La Catrina y El Viejito - by expert puppet-makers for the procession, the doubling of its thematic community-based art workshops, an interactive art installation photo op area, and a new curated Mercadito de Arte vendor area.

FISCAL IMPACT:

Should the City Council approve the request as submitted, an appropriation of $15,000 from Undesignated General Fund Reserves will be required to allow for sponsorship award in the requested amount of $15,000. If approved the appropriation will be made to the event from the General Fund.

ATTACHMENT:

Sponsorship Request

Item 24.

Dear Dr. Gabriel Martin, City Manager, City of Coachella:

Raices Cultura would like to request your consideration to be the Presenting Sponsor for our Dia de Los Muertos Celebration in Coachella on November 5, 2022. Your support will not only continue to ensure the success of this longstanding tradition and demonstrate the power of art & culture to empower community, it will signify that the City of Coachella is a visionary investor in engaging opportunities for residents of the Eastern Coachella Valley.

Who We Are: Raices Cultura is committed to the empowerment of youth and adult residents through artistic selfexpression and cultural inclusivity. We promote the preservation of cultural traditions and the development of personal voice, creativity, and civic engagement through the arts - all in service of transformative justice.

Event Sponsorship: This event attracts a diverse audience from the Coachella Valley and beyond where all are welcome. Raices Cultura’s efforts are in honor of the ancient indigenous traditions of Mesoamerican peoples combined with Mexican and Spanish cultural influences that celebrates the lives of loved ones who are no longer within the living world.

Since 2005, we have proudly staged our event in the City of Coachella and it has grown year after year with thousands of attendees gathering together to celebrate art, culture, & community. Event sponsorships support everything from unique art displays such as our oversized calaveras painted by local artists, to the traditional ofrendas built by intergenerational family members, artists, and community organizations, as well as a community art gallery featuring dozens of visual artists, numerous thematic art workshops that educate attendees about cultural traditions, special projects by expert puppet-makers and visual artists, interactive photo-op areas, a curated Mercadito de Arte vendor area, and more!
We respectfully request your support for our annual Dia de Los Muertos celebration. Your sponsorship will foster sustainability for our organization & the important work we do, greater support for artists, and expand the art offerings at our annual event. It is a wonderful opportunity to proudly display your commitment to strengthening community and increasing access to art & culture in the Coachella Valley.

In Community,
Marnie L. Navarro
Raices Cultura Executive Director
1536 7th Street | PO Box 714 Coachella, CA 92236 | www.raicescultura.org Page 236 Item 24.
2022 Sponsorship Levels
Presenting Sponsor: Chicomecoatl (Nourishment) - $15,000 (1 available) ● Presenting Sponsor of Raices Cultura’s 2022 Dia de Los Muertos (DDLM) Event on November 5 ● Sponsor of Special Project Art Installation for event with a Presenting Sponsor placard ● Custom nicho sculpture to keep from 2021 Somos Sagrados Exhibition at Sunnylands* ● Special art project by Raices Artist Team for a future event of sponsor’s choice** ● Extra large logo on banner displayed at event in prominent location and in event program ● Logo displayed as Presenting Sponsor on 2022 printed material and on organization website in perpetuity ● Formal acknowledgement by Master of Ceremonies during opening remarks Visionary Sponsor: Coatlicue (Supreme Goddess) - $10,000 (1 available) ● 8’ x 6’ Giant Calavera custom painted by Raices artist team for display at event with Sponsor placard ● Sponsor of Activity Zone thematic art workshops at the event with sponsor logo on display ● Sponsor of New Augmented Reality Art Activation for 2022 event in Coachella ● Custom nicho sculpture to keep from 2021 Somos Sagrados Exhibition at Sunnylands* ● Large logo on banner displayed at event in prominent location and in event program ● Logo displayed as Partner Sponsor on 2022 printed material and on organization website in perpetuity ● Formal acknowledgement by Master of Ceremonies during opening remarks Program Sponsor: Quetzalcoatl (Creator of Earth) - $5,000 (4 available) ● A 4’x4’ Large Calavera painted by local artists for display with sponsor name placard* ● Sponsor 1 year of the following programs: Tierra de Raices, Nepantleras, Media Production, or Open Mic ● Medium logo on banner displayed at event in prominent location and medium logo in event program ● Logo listed as Gold Sponsor on 2022 printed material and on website in perpetuity ● Formal acknowledgement by Master of Ceremonies during opening remarks ● Invitation to private Artist Dinner (TBD)
Collaborator Sponsor: Tezcatlipoca (Earth Co-Creator) - $1,000 (10 available) ● Special sponsor art pack with (1) limited edition art print and (1) 2022 DDLM t-shirt*** ● Small logo on banner displayed at event in prominent location and in event program ● Logo displayed as 2022 Silver Sponsor on Raices website in perpetuity ● Invitation to private Artist Dinner (TBD)
Ally Sponsor: Tlaloc (Rain & Water)- $500 (10 available) ● Small logo on banner displayed at event in prominent location and in event program ● Logo displayed as 2022 Bronze Sponsor on Raices website in perpetuity ● Invitation to private Artist Dinner (TBD)
___________________________________________________________________________________________ *Option to keep the nicho/calavera or donate it back to Raices Cultura for auction or reuse. **Special project not to exceed $2000.00 budget
***Indicate mailing address and size for t-shirt (S, M, L, XL, XXL) Please contact a representative of Raices Cultura at (760) 861-3188 if interested in a sponsorship. Make checks payable to Raices Cultura and mail to P.O. Box 714, Coachella, CA 92236. Sponsorships must be confirmed by October 15, 2022 to be included in promotional materials. Raices Cultura is a tax-exempt organization and is exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code EIN# 26-4790803. Page 237
Item 24.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Martin, City Manager
SUBJECT: Resolution No. 2022-91 in Support of Rebuilding, Renovations, and Upgrades to Coachella Valley High School
DISCUSSION/ANALYSIS:

The City Council has continuously expressed support for the Coachella Valley Unified School District and its efforts to equip every student with the knowledge, skills, character, and well-being to thrive. Another way for the District to support students, families, faculty, and the community is to rebuild, renovate, and update Coachella Valley High School (CVHS).

While much has been done to develop the school since 1910, most CVHS facilities are over 70 years old and many buildings and classrooms now require rebuilding and renovation. These essential updates can ensure that CVHS has modern information technology infrastructure, learning technology and science labs, security enhancements, and modern classrooms and infrastructure that will attract and retain the best teachers and staff.

The purpose of the proposed Resolution is to recognize the District’s service and to request that the District conduct a thorough planning process to identify the rebuilding/renovations/upgrades needed for CVHS and determine how to responsibly finance this construction with input from parents, teachers, staff, students, faculty and members of the community in order to enhance academic achievement, achieve safety and accessibility standards, and address CVHS-specific priorities.

Attachment: Resolution No. 2022-91

Item 25.
80237.00000\40724177.1
RESOLUTION NO. 2022-91

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA IN SUPPORT OF

REBUILDING, RENOVATIONS, AND UPGRADES TO

COACHELLA VALLEY HIGH SCHOOL
WHEREAS, Coachella Valley High School (“CVHS”) is a public high school in the Coachella Valley Unified School District (“District”) located at 83-800 Airport Boulevard in Thermal, California;
WHEREAS, CVHS is a historical gem established in 1910. By 1939, the student body had outgrown the space and an auditorium and administration buildings were constructed with bond financing and grant funding. New classrooms, a music and arts building, a swimming pool, basketball courts, parking area, lunch area, gymnasium, and mini-gym were added in the 1950s.

In the 1990s, a new football stadium, cafeteria, and new shade structure were built. In the late 1990s and early 2000s a new state of the art library and new all-weather track were built. In 2014 a new state of the art pool replaced the old pool was added to help support aquatics in the community;
WHEREAS, the above-mentioned improvements have significantly enhanced the school, but most CVHS facilities are over 70 years old and many existing buildings and classrooms have not been updated and now require rebuilding and renovation; WHEREAS, the City of Coachella (“City”) commends the District on their efforts to equip every student with the knowledge, skills, character, and well-being to thrive and encourages the District to rebuild and upgrade CVHS in order to improve the quality of education that the students deserve and attract and retain qualified teachers and staff; WHEREAS, all City residents benefit from living in a community with good local schools and whether or not residents have school-age children, protecting the quality of our schools will keep our neighborhoods desirable places to live, attract businesses, and increase property values.

Public schools offer amenities to the entire community such as athletic and cultural events, educational programs for residents, auditorium space for public meetings and other community group gatherings, and shelter for residents during public emergencies; WHEREAS, the City requests that the District undertake essential repairs and updates on classrooms and facilities; ensuring CVHS has updated information technology infrastructure, learning technology and science labs, as well as safe, secure campuses to protect students and staff and modern classrooms that will attract and retain the best teachers and staff; WHEREAS, the City requests that the District upgrade CVHS’s infrastructure and provide renovations to academic facilities ensuring a healthful learning environment for students and faculty.

Item 25.

Resolution No. 2022-91

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coachella, California does hereby request that the District conduct a thorough planning process to identify the rebuilding/renovations/upgrades needed to CVHS and determine how to responsibly finance this construction with input from parents, teachers, staff, students, faculty and members of the community in order to enhance academic achievement, achieve safety and accessibility standards, and address CVHS-specific priorities.

PASSED, APPROVED and ADOPTED this 12th day of October 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 25.

Resolution No. 2022-91

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-91 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12th day of October 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Item 25.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Resolution No. 2022-92 in Support of Action by the Desert Community College District to Establish a Branch in the Eastern Coachella Valley STAFF RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 2022-92 in supporting action by the Desert Community College District to establish a College of the Desert branch in the Eastern Coachella Valley.

BACKGROUND:

In 1958, the voters in the Coachella Valley approved the formation of the Desert Community College District (“District”) to create a local two-year college (College of the Desert) that currently serves over 400,000 residents, 9 local cities and 3 local K-12 school districts. In March 2004, the voters in the District voted overwhelmingly approved the Measure B General Obligation Bond, to authorize the sale of bonds, in the amount of $346.5 million, that would enable the District to renovate its 40-year old campus and expand for future growth.

The District has already funded and completed various projects, such as renovations to the nursing building, the business building, and dining hall; along with new construction projects like Alumni Centre, Baker Foundation Nursing Complex, Burn Tower Training Facility, Central Plant, Public Safety Academy, Cravens Student Services Center, Indio East Valley Campus, and the Math Science Technology Center building.

DISCUSSION/ANALYSIS:

The District currently has (Exhibit A) 10,998 students enrolled with 8,213 students being Hispanic/Latino, which is 75% of its student population; furthermore, 3,902 students enrolled at College of the Desert (Exhibit B) are from the City of Coachella, which makes up 35% of its student population. The College of the Desert is federally recognized as a Hispanic Serving Institution (HIS).

The success of the East Valley’s economic and social future is enhanced by the educational attainment of its residents, especially post-secondary attainment. Student participation in quality

Item 26.
post-secondary education is dependent on equitable access to transportation, affordable student housing and equitable instruction. Historically, students living in the eastern most portion of the Coachella Valley have had limited access to consistent and comprehensive post-secondary academic and vocational instruction, leading to associate in arts or science degrees.

Currently, there are classes being offered at the Coachella Public Library; however, those coursed are limited and do not offer complete program or degree pathways. The College of the Desert is currently conducting tenant improvements in a commercially leased unit in the new Pueblo Viejo Villas, which is an affordable housing project located at 1279 6th Street in Coachella. The 1,355 sq. ft. space will serve as a new Student Services for the residents of Coachella and is estimated to cost $667,000. On August 25, 2021, the City of Coachella leased the Old Library building, located at 1538 7th Street in Coachella, to the College of the Desert as a temporary Student Service Center until the tenant improvement project at the Pueblo Viejo Villas is complete. The City did not charge them a monthly lease rate; instead, it agreed to allow the District to provide $80,000 in tenant improvement to the Old Library Building.

The City Council would like to request that the District conduct a thorough planning process with sufficient community outreach for a feasibility study to identify potential sites to establish a branch in the eastern part of the Coachella Valley. Furthermore, request that the District directs and authorizes the President of the District to work with the City Manager to continue to communicate and strategize on possible rebuilding, renovation upgrades, and programs needs within the Eastern Coachella Valley.

ALTERNATIVES:

1. To not approve resolution and provide new direction to Staff FISCAL IMPACT:

No Fiscal Impact.

ATTACHMENTS:
 Resolution No. 2022-92
 Exhibit “A”
 Exhibit “B”

Item 26.
80237.00000\40724177.1
RESOLUTION NO. 2022-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA IN SUPPORT OF ACTION

BY THE COLLEGE OF THE DESERT TO ESTABLISH A

BRANCH IN THE EASTERN COACHELLA VALLEY
WHEREAS, the California Community College system is the most extensive postsecondary system of education in the world, enrolling approximately 2.1 million students each year in 116 community colleges; and
WHEREAS, the primary mission of the California Community Colleges is to offer academic and vocational instruction, colleges may grant associate in arts degrees, associate in science degrees, and select baccalaureate degrees; and
WHEREAS, California Community Colleges also perform essential functions in the State’s interest by providing workforce training and improvement services, remedial instruction, English as Second Language courses, adult noncredit education, and community service courses; and
WHEREAS, the State has met its historic policy of access to higher education by providing consistent State bond capital outlay resources; and
WHEREAS, in 1958, the voters in the Coachella Valley approved the formation of the Desert Community College District (“District”) to create a local two-year college (College of the Desert) that currently serves over 400,000 residents, 9 local cities and 3 local K-12 school districts; and
WHEREAS, in March 2004, the voters in the District voted overwhelmingly approved the Measure B General Obligation Bond, to authorize the sale of bonds, in the amount of $346.5 million, that would enable the District to renovate its 40-year old campus and expand for future growth; and
WHEREAS, the District has already funded and completed various projects, such as renovations to the nursing building, the business building, and dining hall; along with new construction projects like Alumni Centre, Baker Foundation Nursing Complex, Burn Tower Training Facility, Central Plant, Public Safety Academy, Cravens Student Services Center, Indio East Valley Campus, and the Math Science Technology Center building; and WHEREAS, the District currently has (Exhibit A) 10,998 students enrolled with 8,213 students being Hispanic/Latino which is 75% of its student population; and WHEREAS, 3,902 students (Exhibit B) from the City of Coachella are currently enrolled in the District, which makes up 35% of its student population; and WHEREAS, the success of the East Valley’s economic and social future is enhanced by the educational attainment of its residents, especially post-secondary attainment; and

Item 26.

Resolution No. 2022-92

WHEREAS, student participation in quality post-secondary education is dependent on equitable access to transportation, affordable student housing and equitable instruction; and WHEREAS, students living in the eastern most portion of the Coachella Valley have historically had limited access to consistent and comprehensive post-secondary academic and vocational instruction, leading to associate in arts or science degrees; and WHEREAS, the classes offered at the Coachella Public Library and the Mecca Satellite Campus of the College of the Desert offers limited course offerings and program pathways.

WHEREAS, on August 25, 2021, the City of Coachella leased the Old Library building, located at 1538 7th Street, to the College of the Desert as a temporary Student Service Center until the tenant improvement project at the Pueblo Viejo Villas is complete. The City did not charge the District a monthly lease rate; instead, it agreed to allow the District to provide $80,000 in tenant improvement to the Old Library Building; and
WHEREAS, the College of the Desert is currently conducting tenant improvements in a commercially leased unit in the new Pueblo Viejo Villas, which is an affordable housing project located at 1279 6th Street in Coachella. The 1,355 sq. ft. space will serve as a new Student Services for the residents of Coachella and is estimated to cost $667,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coachella, California does hereby request the following:

1. The District conduct a thorough planning process with sufficient community outreach for a feasibility study to identify potential sites to establish a branch in the eastern part of the Coachella Valley.

2. The District directs and authorizes the President of the District to work with the City Manager to continue to communicate and strategize on possible rebuilding, renovation upgrades, and programs needs within the Eastern Coachella Valley.

PASSED, APPROVED and ADOPTED this 12th day of October 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk

Item 26.

Resolution No. 2022-92

APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 26.

Resolution No. 2022-92

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-92 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12th day of October 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Item 26.
10/6/22, 8:59 AM Microsoft Power BI
https://app.powerbi.com/view?r=eyJrIjoiMDcxMGNlZDAtYzNjYS00ZGUyLTgwYmItZjEzOWYzY2NkOTQ3IiwidCI6IjQ5YjIzNzc5LWQ5NjQtNGRjMy05Z… 1/1 Student Headcount
Fall Semesters 2015 to 2021
Ethnicity Gender Age
Term American Indian or Alaskan Native Asian Balance Black or African American Hispanic or Latino Native Hawaiian or Pacific Islander Two or more races White Total Fall 2015
Fall 2016
Fall 2017
Fall 2018
Fall 2019
Fall 2020
Fall 2021
37 34
42 37
44 36
28 496
471
457
463
481
409
395
215
207
217
178
290
134
130
315
323
335
329
330
266
252
8,713
9,262
9,558
9,795
10,109
8,622
8,213
19 11
19 13
13 9
7 280
296
285
310
317
334
316
2,228
2,157
2,022
1,942
1,916
1,779
1,657
12,303
12,761
12,935
13,067
13,500
11,589
10,998
0K
2K
4K
6K
8K
10K
Fall 2015 Fall 2016 Fall 2017 Fall 2018 Fall 2019 Fall 2020 Fall 2021 Ethnicity
American Indian or Alaskan Native
Asian
Balance
Black or African American
Hispanic or Latino
Native Hawaiian or Pacific Islander
Two or more races
White
To compare individual
groups, hold down the
CTRL key and choose
the groups you want to
compare.

Microsoft Power BI  
EXHIBIT "A"
Information available on College of the Desert web page, please click here

Item 26.

Information available at College of the Desert Dashboard, please click here EXHIBIT "B"

Item 26.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Provide staff direction for 2022 Hometown Heroes Honorees.

STAFF RECOMMENDATION:

Provide staff direction for 2022 Hometown Heroes Honorees.

BACKGROUND:

The “Hometown Heroes” monument was created to recognize people who have contributed to the community and culture of our community. Currently, our “Hometown Heroes” include the following:
 Cesar Chavez; Civil Rights and Labor Leader
 Leonila Torres; Community Leader
 Linda Garza; Government Employee
 Elvira Acosta Murillo; Community Leader
 Severio “Cosmo” Lira Jr.; Commitment to Youth
 Raquel G. Medina; Community Volunteer
 Rich Ramirez; Educator and Mentor
 Chauncey Veatch; Educator and Mentor
 Juan Torres; Entrepreneur and Business Leader
 Joe and Maria Celia Munoz; Exceptional Citizens
 Julio Diaz, Antonio Diaz and Joel Diaz; Boxing Family Champions  Eugenia Ortiz; Community Leader and Activist
 Clementine Olloque, Maria Carmona-Marron, Maria Serrano, Maria Munoz; Community Leaders and Activists
 Organización en California de Lideres Campesinas; Leaders and Community Activists  Caballero Family, Boxing Family Champions
 Chris Romero, Exceptional Citizen
 Mary Lou Torres, Exceptional Citizen and Advocate
 Merlyn Hamner, Historian
 Joe Vega; Postmaster and Exceptional Citizen
 Lee Espinoza; Coach and Mentor
 CYSAS La Laja; Youth Sports Leaders
 Vanessa Madera; Youth Sports Leader

Item 27.
 Joe Ceja; Educator and Mentor
 Deputy David Solis; Exceptional Valor
 Mayor Yolanda R. Coba; Community Leader
 Enedina Rapan; Community Activist
 Enedina Rapan, Jesus Mota, Maria Hernandez, Prospero Montes, Jesus Sanchez; Inspirational Community Mentors
 Gabriela Fundora; Youth Sports Leader
 Citlalli Ortiz; Youth Sports Leader
 Cesar Sanchez, Entrepreneur and Business Leader
 Father Guy Wilson; Religious and Spiritual Leader
 Dr. Juan De Lara; Educator and Mentor
 Juanita Godwin; Community Leader and Youth Mentor
 Raices Cultura; Community Leader and Activists
 Rosa Lucas – Community Advocate and Activist
 Mario Lazcano; Community Leader and Activist
 Captain Frank Morales, Lieutenant Cesar Garcia, Engineer Danny Castro, Lieutenant George Torres; Coachella Volunteer Firefighters
 Clara Herrera and Clara Nieblas, Community Advocate and Activist  Rosalia Plata; Community Advocate and Activist
 Baltazar Aguirre; Exceptional Citizen and Activist
DISCUSSION/ANALYSIS:

Annually during the City’s Tree Lighting Ceremony the City has recognized individuals / organizations as Hometown Heroes; staff recommends selecting 2 -3 recognitions per year. Staff is requesting direction for 2022 Hometown Hero nominees.

FISCAL IMPACT:

None.

Item 27.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Cástulo Estrada, Utilities Manager
SUBJECT: Construction Contract with Jacobsson Engineering Construction, Inc. in the amount of $762,774.00 plus 15% contingency for the Castro Mobile Home Park Water Consolidation Project, City Project No. W-37.

STAFF RECOMMENDATION:
o Authorize City Manager to execute a construction contract with Jacobsson Engineering Construction, Inc. in an amount $762,774.00 plus 20% contingency for the Castro Mobile Home Park Water Consolidation Project, City Project No. W-37. o Authorize City Manager to execute contract with Atlas Technical Consultants LLC for reoccurring, as needed, construction materials and quality assurance testing for the Castro Mobile Home Park Water Consolidation Project, City Project W-37.

BACKGROUND:

Castro’s Mobile Home Community, a mobile home park community (MHP) located in the Coachella Water Authority (CWA) service area, is currently receiving an emergency water supply from CWA through a fire hydrant and fire hose after its groundwater well collapsed. On January 18, 2021 the City was awarded a Proposition 1 Round 1 Integrated Regional Water Management (IRWM) Implementation Grant in an amount of $1,099,245 by the Department of Water Resources of the State of California for the Castro Mobile Home Park Water Consolidation Project.

The project consists of the installation of an 8-inch water main and the installation of approximately 45 water services, meter boxes, service reconnections, and approximately 830 feet of pipe within the MHP site. Fire hydrants will be installed and spaced to meet fire department requirements.

The primary benefit of this project is that CWA will provide Castro MHP with approximately 32 acre-ft per year (AFY) of safe, reliable potable drinking water to a DAC that can no longer rely on a deteriorated shallow groundwater well. The secondary benefit of this project is that CWA will provide the MHP with water that on average is lower in hexavalent chromium than the MHP’s well. This connection to CWA will provide Castro MHP with approximately a 5 Micrograms per Liter (μg/L) reduction in hexavalent chromium in drinking water to below the drinking water standard.

Item 28.

DISCUSSION/ANALYSIS:

The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On September 1, 2022, the City issued the Notice Inviting Bids with a non-mandatory job walk help on September 8, 2022. The project bid opening was held on September 22, 2022 at 2:00 p.m., with four companies submitting a bid for this project. The bid opening results are listed below:

Company Name: City: Bid Amount:

AID Builders Los Alamitos $1,349,225.00
Desert Concepts Indio $834,756.00
Jacobsson Engineering Palm Desert $762,774.00
Tri-Star Contracting Desert Hot Springs $991,507.23
This total project cost includes all base bid items as well as one add alternative item. Staff has reviewed the bid and determined that Jacobsson Engineering Construction is the lowest, responsive, responsible bidder. Total project costs, including add alternative and contingencies are within the grant funds.

FISCAL IMPACT:

No fiscal impact to general fund. Project has been included in the City’s approved CIP FY 22/23 budget. Construction contract amount of $762,774.00 and contingency in an amount of $114,416.10 are within appropriated budget funded from Fund 178 (Water).

ATTACHMENTS:

1. Construction Contract – Jacobsson Engineering Construction, Inc.

2. W-37 Bid Tabulation

3. Professional Service Agreement – Atlas Technical Consultants LLC

4. Castro Trailer Park Citation and Compliance Order

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-55- CONTRACT FOR CONSTRUCTION

CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), is made and entered into this 12th day of October, 2022, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Jacobsson Engineering Construction, Inc., a corporation, with its principal place of business at P.O. Box 14430, Palm Desert, CA 92255, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

CASTRO’S MOBILE HOME PARK WATER CONSOLIDATION PROJECT
CITY PROJECT NO. W-37
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Hundred Sixty-Two Thousand Seven Hundred Seventy-Four Dollars ($762,774.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-56- CONTRACT FOR CONSTRUCTION
Contractor will pay the City the sum of $1,500.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture, if the Bagdouma Court Improvements are not completed by the date set forth in the Invitation to Bid. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-57- CONTRACT FOR CONSTRUCTION
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-58- CONTRACT FOR CONSTRUCTION
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF COACHELLA
By:

Gabriel Martin
City Manager
ATTEST:

By:

Andrea Carranza, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

JACOBSSON ENGINEERING
CONSTRUCTION, INC.

IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER REQUIRED
By:

Its:

Printed Name:

By:

Its:

Printed Name:
_A&B__#650389________________________
Contractor’s License Number and Classification
____1000008233________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-59- CONTRACT FOR CONSTRUCTION
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

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

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-60-

PERFORMANCE BOND

BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, California 92236, (hereinafter referred to as the “City”) has awarded to Three Peaks Corp., (hereinafter referred to as the “Contractor”) an agreement for Castro’s Mobile Home Park Water Consolidation Project, City Project No. W-37 (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 October 12, 2022, (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 Seven Hundred Sixty-Two Thousand Seven Hundred Seventy-Four Dollars ($762,774.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-61-

PERFORMANCE BOND
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

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

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

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

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

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-62-

PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2022.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-63-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-64-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-65-

PERFORMANCE BOND
Payment Bond (Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella, a municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed on October 12, 2022, has awarded to Jacobsson Construction Engineering, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Castro’s Mobile Home Water Consolidation Project, City Project W-37 (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 12, 2022 (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum Seven Hundred Sixty-Two Thousand Seven Hundred Seventy-Four Dollars ($762,774.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-66-

PERFORMANCE BOND
to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2022.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-67-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Item 28.

CASTRO’S MOBILE HOME PARK WATER

CONSOLIDATION PROJECT
-68-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

Item 28.

CITY OF COACHELLA
W-37 Castro Mobile Home Park Water Consolidation Project Project No. W-37
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED

PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Mobilization 1 LS $80,000.00 $80,000.00 $40,000.00 $40,000.00 $19,489.00 $19,489.00 $55,586.00 $55,586.00 2 Best Management Practices/Dust Control 1 LS $21,000.00 $21,000.00 $8,000.00 $8,000.00 $22,000.00 $22,000.00 $70,992.00 $70,992.00 3 Traffic Control/Site Protection 1 LS $45,000.00 $45,000.00 $10,000.00 $10,000.00 $24,000.00 $24,000.00 $49,144.00 $49,144.00 4 Furnish and Install 8” Class 200 C-900
Water Main with Restrained Joints per
CWA Std. Dwg. W-5
832 LF $285.00 $237,120.00 $195.00 $162,240.00 $120.00 $99,840.00 $236.10 $196,435.20 5 Furnish and Install 8” C-900 PVC Tee with
Restrained Joints 2 EA $4,000.00 $8,000.00 $1,600.00 $3,200.00 $1,205.00 $2,410.00 $1,094.00 $2,188.00 6 Furnish and Install 8” X 45° C-900 PVC
Bend with Restrained Joints 4 EA $3,000.00 $12,000.00 $800.00 $3,200.00 $557.00 $2,228.00 $875.00 $3,500.00 7 Furnish and Install 8” X 90° C-900 PVC
Bend with Restrained Joints 1 EA $2,500.00 $2,500.00 $800.00 $800.00 $601.00 $601.00 $875.00 $875.00 8 Furnish and Install 6” Fire Hydrant
Assembly w/ Polyethylene Encasement
Per CWA Std. Dwg. W-4
1 EA $31,500.00 $31,500.00 $18,000.00 $18,000.00 $19,970.00 $19,970.00 $18,185.00 $18,185.00 9 Furnish and Install 1” Water Service, with
H-20 Traffic Rated Box & Cover, and
Install City-Furnished ¾” Allegro 4G Water
Meter
45 EA $39.00 $1,755.00 $1,500.00 $67,500.00 $4,192.00 $188,640.00 $2,134.00 $96,030.00 10 Contractor to Furnish and Install 2”
Standard Water Service with H-20 Traffic
Rated Box and Cover, and Install City
–Furnished Allegro 1 ½” or 2” Meter
2 EA $4,500.00 $9,000.00 $1,800.00 $3,600.00 $6,700.00 $13,400.00 $4,527.00 $9,054.00 11 Contractor to Pulverize Existing 3” to 4”
Thick AC Pavement In Place 17,000 SF $3.25 $55,250.00 $3.50 $59,500.00 $0.67 $11,390.00 $1.00 $17,000.00 12 Contractor Furnish & Install 4” AC Over
Compacted Pulverized AC Base 17,000 SF $7.50 $127,500.00 $8.50 $144,500.00 $4.13 $70,210.00 $8.99 $152,830.00 12A
Grade, Trim, and Export Excess Material
as Required for New 4” AC to Match
Existing Grades
200 CY $85.00 $17,000.00 $55.00 $11,000.00 $136.00 $27,200.00 $65.00 $13,000.00 13 Furnish and Install 8” DI Resilient Seated
Gate Valve. 6 EA $6,500.00 $39,000.00 $2,200.00 $13,200.00 $5,865.00 $35,190.00 $6,626.00 $39,756.00 14 Furnish and Install 4” Guard Post Per
CWA Std. Dwg. W-16 4 EA $1,000.00 $4,000.00 $900.00 $3,600.00 $1,335.00 $5,340.00 $1,594.00 $6,376.00 Bid Schedule AID Builders Desert Concepts Jacobsson Eng Tri-Star Contracting

Item 28.

CITY OF COACHELLA
W-37 Castro Mobile Home Park Water Consolidation Project Project No. W-37
15 Furnish and Install 8” Test Plate and 2”
Temporary Blow Off. 2 EA $3,500.00 $7,000.00 $7,000.00 $14,000.00 $4,435.00 $8,870.00 $5,946.00 $11,892.00 16 Furnish and Install 1” Sch. 80 PVC Pipe 2,119 LF $100.00 $211,900.00 $38.00 $80,522.00 $57.00 $120,783.00 $46.37 $98,258.03 17 Construct Water Pad Per Detail on Sheet
4 45 EA $750.00 $33,750.00 $1,800.00 $81,000.00 $249.00 $11,205.00 $571.00 $25,695.00 18 Sawcut, Remove and Dispose of Existing
Concrete, Pavement, Planter Materials,
Etc., and Replace In Kind
1 LS $60,000.00 $60,000.00 $25,000.00 $25,000.00 $24,265.00 $24,265.00 $59,769.00 $59,769.00 19 Contractor to Locate and Connect to
Existing 2” Pipe w/ Appropriate Fittings 2 EA $2,000.00 $4,000.00 $1,200.00 $2,400.00 $642.00 $1,284.00 $3,073.00 $6,146.00 20 Furnish and Install 2” Schedule 80 PVC
Pipe with Appropriate Fittings 22 LF $100.00 $2,200.00 $42.00 $924.00 $165.00 $3,630.00 $267.00 $5,874.00 21 Contractor to Locate Connection to
Existing Mobile Home & Connect to Unit
with Fittings as per Details on Sheet 4
45 EA $2,250.00 $101,250.00 $1,200.00 $54,000.00 $360.00 $16,200.00 $195.00 $8,775.00 22 Contractor to Plug and Abandon Existing
Service Line 2 EA $500.00 $1,000.00 $1,800.00 $3,600.00 $1,156.00 $2,312.00 $266.00 $532.00 23 Contractor to Locate/Remove Piping, and
Plug Existing Corp. Stop 2 EA $500.00 $1,000.00 $1,800.00 $3,600.00 $1,156.00 $2,312.00 $2,021.00 $4,042.00 24 Contractor to Remove Existing Meter Box
and Meter and Deliver to City Yard 1 EA $1,000.00 $1,000.00 $250.00 $250.00 $615.00 $615.00 $1,329.00 $1,329.00 25 Construct Asphalt Speed Hump to Match
Existing 6 EA $1,000.00 $6,000.00 $2,500.00 $15,000.00 $2,065.00 $12,390.00 $5,048.00 $30,288.00 $1,119,725.00 $828,636.00 $745,774.00 $983,551.23
AA-1
Remove Existing Water Meters and
Furnish & Install Water Meter Idler
Assembly (Salvage Meter to City Yard)
34 EA $6,750.00 $229,500.00 $180.00 $6,120.00 $500.00 $17,000.00 $234.00 $7,956.00 $229,500.00 $6,120.00 $17,000.00 $7,956.00
$1,349,225.00 $834,756.00 $762,774.00 $991,507.23
Indicates Staff correction of the math.

Indicates Apparent Low Bidder

BASE BID TOTAL

ADDITIVE ALTERNATE A

ADDITIVE ALTERNATE A TOTAL

GRAND TOTAL BASE BID PLUS ADDITIVE ALTERNATE A

Item 28.

A-1
80237.00000\19870870.1

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12th day of October, 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, Coachella, California 92236 (“City”) and Atlas Technical Consultants LLC a partnership with its principal place of business at, 6280 Riverdale Street, San Diego, CA 92120 (“Consultant”).

The City and Consultant are sometimes individually referred to 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 professional services to public clients, is licensed in the State of California, and is familiar with the plans of the City.

2.2 Project.

The City desires to engage Consultant to render such services for the Castro's Mobile Home Park Water Consolidation Project, City Project W-37 (“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 engineering services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be for a period of 12 calendar months from date of the notice to proceed unless earlier terminated as provided herein.

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

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80237.00000\19870870.1

3.2.1 Control and Payment of Subordinates; Independent Contractor. 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. The City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of the City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, the City shall respond to Consultant’s submittals in a timely manner. Upon request of the City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 Substitution of Key Personnel. Consultant has represented to the 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 the City. In the event that the City and Consultant cannot agree as to the substitution of key personnel, the City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mrs. Mehrnoush Yavary, P.E., - Atlas Technical Consultants LLC - Director of Engineering

Item 28.

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80237.00000\19870870.1

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

3.2.6 Consultant’s Representative. Consultant hereby designates Mehrnoush Yavary, P.E. - Director of Engineering, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.2.8.1 Period of Performance and Liquidated Damages. 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 Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Item 28.

A-4
80237.00000\19870870.1

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 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.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their

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80237.00000\19870870.1
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant

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shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement 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 provided by the City if requested. 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.

3.2.10.9 Reporting of Claims. 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.

3.2.11 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. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty-Thousand Dollars ($50,000) without written approval of the City’s Engineer. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to the City a monthly itemized statement which indicates work completed and hours of the Services rendered by Consultant. The statement shall describe the amount of the Services and supplies provided since

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the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. The City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the City.

3.3.4 Extra Work. At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by the 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 City’s Representative.

3.3.5 Labor Code Requirements.

3.3.5.1 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 1600, 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. The City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.5.2 Registration and Labor Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then, in addition to the foregoing, pursuant to Labor Code sections 1725.5 and 1771.1, Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”).

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any

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other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. The City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to the City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, the 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 the 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, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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

Consultant:

City:

Atlas Technical Consultants LLC
6280 Riverdale Street
San Diego, CA 92120
Attn: Mehrnoush Yavary, P.E., Director of Engineering
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attn: Castulo Estrada, Utilites Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at the City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and 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 the 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 the 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 the City.

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

3.5.5 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 other costs of such action.

3.5.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend, 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every

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kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

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

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

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and 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.

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

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

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

3.5.17 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.

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

3.5.19 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.

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

3.5.21 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.

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

3.6 Subcontracting.

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

CITY OF COACHELLA ATLAS TECHNICAL CONSULTANTS LLC
By: By:

Gabriel Martin Mehrnoush Yavary
City Manager Director of Engineering
APPROVED AS TO FORM:

Carlos Campos
City Attorney

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EXHIBIT “A”

SCOPE OF SERVICES

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B

SCHEDULE OF FEES
California Prevailing Wage
Effective February 1, 2021
Revised February 1, 2021

PROFESSIONAL SERVICES
Professional (Engineering, Geology, Environment, Envelope Services) Director/Principal Professional ................................................................................................................................. $190 Senior Professional....................................................................................................................................................165 Project Professional ...................................................................................................................................................145 Staff Professional.......................................................................................................................................................120 Drafter Level II..............................................................................................................................................................95 Drafter Level I...............................................................................................................................................................85 Project Management
Senior Project Manager ...........................................................................................................................................$160 Project Manager.........................................................................................................................................................135 Administrative Assistant ...............................................................................................................................................67 Field Services (Geotechnical, Special Inspection)
Field Supervisor ......................................................................................................................................................$118 LA Certified Grading Inspector ..................................................................................................................................123 Off Site Inspector .........................................................................................................................................................91 Laboratory Technician..................................................................................................................................................74 Group 1 (Field Soils, Material Tester) ........................................................................................................................108 Group 2 (Special Inspection)......................................................................................................................................113 Group 3 (NDT Testing)...............................................................................................................................................117 Coring ........................................................................................................................................................................166 Field Services (SUE Level B Utility Evaluations and Rebar Locating) Line Tracer, Ground Penetrating Radar, Electromagnetics, Magnetics Full Day ..........................................................................................................................................................$1,950 Hourly Rate (A Mob/Demob charge of $250 applies to projects billed on hourly rates).......................................215 Letter Report........................................................................................................................................................300 Map (per day of field work) ..................................................................................................................................350 Field Services (Geophysical Data Acquisition)
UST, Landfill, Oil Well, Void, Pile Integrity Testing
Full Day .........................................................................................................................................................$2,400 Hourly Rate (A Mob/Demob charge of $335 applies to projects billed on hourly rates).......................................270 Field Services (Advanced Geophysical Studies)
Seismic, Sting ERT, Resistivity, Groundwater, UXO/MEC
Full Day .........................................................................................................................................................$3,000 Hourly Rate (A Mob/Demob charge of $550 applies to projects billed on hourly rates).......................................325 Field Services (Seismic ReMi)
One Line.........................................................................................................................................................$1,500 Each Additional Line............................................................................................................................................300 For Pavement/Requires Drilling...........................................................................................................................300 Field Services (Vibration Monitoring)
Mobilization ....................................................................................................................................................$1,000 Equipment (Daily) ...............................................................................................................................................200 Daily Analysis & Reporting (Daily) ........................................................................................................................75 Final Report Preparation ....................................................................................................................................750 Manned Vibration Monitoring...........................................................................................................................Quote Field Services (Building Envelope)
Field Tech Level II....................................................................................................................................................$125 Field Tech Level I.......................................................................................................................................................115 Electronic Leak Detection (hourly, 4 hour minimum)..................................................................................................250 Fenestration Testing (ASTM E1105/E783) – Hourly Rate (2 technicians) ................................................................. 400 Fenestration Testing (AAMA 501.2) – Hourly Rate (2 technicians)............................................................................225 Drainage Efficiency of Exterior Insulation and Finish Systems (EIFS) Clad Wall Assemblies (ASTM E2273) .......1,500

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ATLAS SCHEDULE OF FEES Page 2 of 4
Revised February 1, 2021
Travel and Miscellaneous
Pick Up ..............................................................................................................................................................$55/hour Travel Time ................................... Hourly Rate (or $125/hour beyond 1 hour from San Diego for Geophysical Crews) Overtime and Saturday Rate ..................................................................................................1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) .........2 x Regular Hourly Rate Rush Surcharge .......................................................................................................................... Normal Rate plus 50% Per Diem (variable, depending on location) .......................................................................................................... Quote Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code §720, et. Seq .... Quote Specialty Equipment Surcharge ........................................................................................................................... Quote

LABORATORY TESTS
Soil and Aggregate
California Bearing Ratio (ASTM D854) ...................................................................................................................$418 California Impact (Cal 216) ........................................................................................................................................206 Clay Lumps in Aggregate (ASTM C142)....................................................................................................................150 Cleanness Value (Cal 227) ........................................................................................................................................200 Consolidation (ASTM D2435) ....................................................................................................................................200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity)...................................................................187 Crushed Particles (Cal 205, ASTM D693)..................................................................................................................150 Direct Shear (ASTM D3080) ......................................................................................................................................260 Durability Factor (Cal 229, ASTM D3744)....................................................................................................................97 Durability Index (Cal 229, ASTM D3744) ...................................................................................................................224 Expansion Index (ASTM D4289)................................................................................................................................177 Fine Aggregate Angularity (AASHTO T304) ..............................................................................................................200 Fineness Modulus (ASTM C136) ................................................................................................................................. 24 Flat & Elongated Pieces (ASTM D4791)....................................................................................................................175 Light Weight Pieces (ASTM C123).............................................................................................................................175 Liquid Limit (Cal 204, ASTM D4318)............................................................................................................................75 Los Angeles Abrasion - 1 ½ inch and smaller (Cal 211, ASTM C131).......................................................................224 Maximum Density Check Point (ASTM D698/D1557)..................................................................................................88 Maximum Density/Optimum Moisture – 4 inch (ASTM D698, D1557)........................................................................200 Maximum Density/Optimum Moisture – 6 inch (ASTM D698, D1557)........................................................................220 Minimum Density (ASTM D1556)................................................................................................................................. 74 Moisture Content (Cal 226, ASTM C566, ASTM D2216) .............................................................................................35 Natural Density Chunk Sample (ASTM D2937) ...........................................................................................................45 Natural Moisture/Density Ring or Core Sample (ASTM D2937)...................................................................................40 Organic Impurities (Cal 213, ASTM C40).....................................................................................................................90 Organic Matter (ASTM D2974).....................................................................................................................................75 Percent Finer than #200 (ASTM C117, ASTM D1140) ................................................................................................70 Permeability Remold Sample (ASTM D2434) ............................................................................................................200 Permeability Remold Sample (ASTM D5084) ........................................................................................................Quote Permeability Undisturbed Sample (ASTM D5084) ................................................................................................. Quote Petrographic Analysis (Cal 215, ASTM C295) .......................................................................................................Quote pH & Resistivity (Cal 643, ASTM G51).......................................................................................................................126 Plasticity Index (Cal 204, ASTM 4318).......................................................................................................................127 Potential Reactivity (ASTM C289)..............................................................................................................................220 Residual Shear (ASTM D6467)..................................................................................................................................442 Rock Correction (ASTM D4718)...................................................................................................................................26 R-Value (Cal 301, ASTM D2844)...............................................................................................................................276 Sandcastle Test (USACE)..........................................................................................................................................195 Sand Equivalent (Cal 217, ASTM D2419)....................................................................................................................88 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202) ...............................................................................................110 Sieve Analysis with Hydrometer (Cal 203, ASTM D422)............................................................................................200 Soil Cement Compression Strength (Cal 312, ASTM D1633)......................................................................................50 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632)........................................................................................100 Soluble Chlorides (Cal 422) .........................................................................................................................................62 Soluble Sulfate (Cal 417) .............................................................................................................................................62 Soundness 5 Cycles (Cal 214, ASTM C88) ...............................................................................................................375 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127).......................................................................................115 Specific Gravity Fine Aggregate (Cal 207, ASTM C128)............................................................................................115 Triaxial Shear Consolidated - Undrained (ASTM D4767).......................................................................................Quote Triaxial Shear Unconsolidated - Undrained (ASTM D2850)...................................................................................Quote Triaxial Staged Consolidated - Undrained (ASTM D4767).....................................................................................Quote Triaxial Staged Unconsolidated - Undrained (ASTM D2850) .................................................................................Quote Unconfined Compression (ASTM D2166)..................................................................................................................162 Unit Weight Aggregate (Cal 212, ASTM C29)..............................................................................................................80

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ATLAS SCHEDULE OF FEES Page 3 of 4
Revised February 1, 2021
Asphalt Concrete
Asphalt Core Specific Gravity (Cal 308, ASTM D2726) .............................................................................................$68 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188) ...................................................................................84 Emulsion Content (CTM 382).....................................................................................................................................178 Film Stripping (Cal 302) .........................................................................................................................................Quote Gyratory Compacted Maximum Specific Gravity (AASHTO T312).............................................................................350 Hamburg Wheel Plant Produced HMA (AASHTO T324/Caltrans Section 39) ...........................................................900 Hveem Maximum Bulk Specific Gravity (Cal 308)......................................................................................................300 Hveem & Stabilometer Value (Cal 366) ...................................................................................................................$400 Ignition Oven Correction Factor (AASHTO T308) ......................................................................................................250 Ignition Oven Degradation Factor (AASHTO T308) ...................................................................................................250 Marshall Density Stability & Flow (ASTM D6927) ......................................................................................................400 Marshall Density (ASTM D6926)................................................................................................................................300 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370)...............................................................................50 Moisture Vapor Susceptibility (Cal 307) .................................................................................................................Quote Optimum Bitumen Content (AASHTO R35/Cal 367) ..............................................................................................3,100 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) ..................................................................................180 Residue by Evaporation (Cal 331) .............................................................................................................................178 Rice Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041)..................................................................133 Sieve Analysis Extracted Aggregate (Cal 382, ASTM D5444).....................................................................................90 Stability and Flow (ASTM D1559) ..............................................................................................................................350 Stabilometer Value (Cal 366) .....................................................................................................................................350 RAP Testing Fractionated (ASTM D2172, AASHTO T308, Caltrans Section 39) ..................................................Quote RAP Testing Not Fractionated (ASTM D2172, AASHTO T308, Caltrans Section 39) .......................................... Quote Tensile Strength Ratio Plant Produced HMA (AASHTO T283)..................................................................................900 Wet Track Abrasion (ASTM D3910)...........................................................................................................................185 Concrete
2X2 Cube Compression ............................................................................................................................................$27 Chloride Ion Testing (ASTM C1218) ..........................................................................................................................220 Concrete Core Compression (ASTM C42)...................................................................................................................59 Concrete Cylinder Compression (Cal 521, ASTM C39) ...............................................................................................27 Flex Beam Modulus of Rupture (Cal 523, ASTM C78)................................................................................................. 74 Modulus of Elasticity (Cal 522, ASTM C469) .............................................................................................................261 Shotcrete Mockup Panel (ASTM C1140) ...............................................................................................................1,040 Shotcrete Panel, 3 Cores Compression (CBC)..........................................................................................................290 Shrinkage Hardened Concrete (ASTM C157 Modified) .............................................................................................371 Split Tensile Concrete Cylinder (ASTM C496) .............................................................................................................74 Time of Set (ASTM C403)..........................................................................................................................................200 Trial Batch Fabrication (ASTM C192) ........................................................................................................................298 Unit Weight Hardened Concrete (ASTM C642)............................................................................................................55 Unit Weight Lightweight Concrete (ASTM C567) .........................................................................................................69 Masonry
Absorption Block (ASTM C140) ..............................................................................................................................$115 Compression Adobe...................................................................................................................................................155 Compression Block Standard (ASTM C140)..............................................................................................................150 Compression Brick (ASTM C67) ................................................................................................................................115 Efflorescence Block....................................................................................................................................................175 Efflorescence Brick (ASTM C67)................................................................................................................................175 Grout Prism Compression (ASTM C1019)...................................................................................................................27 Masonry Core Compression (ASTM C42)....................................................................................................................51 Masonry Core Shear (CBC 2105A.4)...........................................................................................................................95 Masonry Prism Compression (ASTM E447) ..............................................................................................................150 Mortar Bond Strength Pull Test (ASTM C482).............................................................................................................62 Mortar Cylinder Compression.......................................................................................................................................27 Mortar Shear Strength (ANSI 118).............................................................................................................................100 Relative Mortar Strength (Cal 515) ............................................................................................................................850 Shrinkage Masonry Block (ASTM C426)....................................................................................................................250 Trial Grout Prisms (ASTM C942) ................................................................................................................................. 38 Water Retention and Air Content (ASTM C270).........................................................................................................550

Item 28.

ATLAS SCHEDULE OF FEES Page 4 of 4
Revised February 1, 2021
Metal
Bolt Assembly Hardness Test ...................................................................................................................................$74 Bolt Assembly Tensile & Proof Load Test ..................................................................................................................125 Modulus of Elasticity (Steel).......................................................................................................................................146 Post-Tension Tendon Tensile Testing........................................................................................................................185 Tensile Strength & Bend Test Structural Steel (ASTM A370) ....................................................................................180 Tensile Strength & Bend Test Reinforcing Steel (ASTM A615/A706) ........................................................................125 Tensile Strength #14 - #18 Bar (ASTM A615)........................................................................................................Quote Tensile Strength Mechanical Splices #9 and Smaller (Cal 670).............................................................................Quote Tensile Strength Mechanical Splices #10 to #14 (Cal 670)....................................................................................Quote Tensile Strength Mechanical Splices #18 (Cal 670) ............................................................................................. Quote Miscellaneous
Fire Proofing Density Test (ASTM E605) ..................................................................................................................$69 Fiber Reinforced Polymer Tensile (ASTM D3039) .....................................................................................................520 Material Preparation ....................................................................................................................................................70 Relative Humidity Test (ASTM F2170) .................................................................................................................. 80/kit Concrete Vapor Emission Kits (ASTM F1869) ...................................................................................................... 72/kit Miscellaneous Charges .......................................................................................................................................Various Default Expense ..................................................................................................................................................Various

TERMS AND CONDITIONS
Prevailing wage rates will increase consistent with general prevailing wage determinations made by the California Department of Industrial Relations.

All field services will be charged portal to portal with the following minimum charges:

1. The client will be invoiced only for the hours actually worked in 4- and 8-hour increments.

2. A 2-hour show-up charge will be applied to any service canceled the same day of service.

3. Work in excess of 8 hours up to 12 hours in a single day will be charged in 1-hour increments at 1.5 times the standard rate.

4. Work in excess of 12 hours in a single day will be charged in 1-hour increments at 2 times the standard rate.

Work performed by field or laboratory personnel outside of normal business hours (6:30 a.m. to 5:00 p.m.) will be charged a premium on a case-by-case basis. Work performed for Geophysical Studies outside of a standard work week will be charged an additional 30%.

Fees for specialty geophysical services such as seismic reflection, crosshole, gravity, pile integrity testing, vibration monitoring, magnetotellurics, UXO, MEC, etc. will based on a per project basis. Utility focused projects requiring specialized training such as MSHA (mines) or RSO (refineries) will be billed at a General Geophysical rate.

Other Direct Charges: Our company reserves the right to charge for services outside of the contract in the form of reimbursables, including but not limited to, the following: diamond coring bits, fuel, patching materials, mileage, travel time, equipment rental and administrative time.

Mileage will be charged at the standard federal rate per mile for distances over 50 miles from the location of dispatch.

Per Diem charges will be applied to projects outside a 50-mile radius of our office.

Subcontracted services will be charged at cost plus 20 percent.

Invoices will be submitted monthly. These invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be considered past due. A finance charge computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, will be charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attorney’s fees and other costs of collection.

Our services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended.

Item 28.
(rev_6/1/20)
Schedule B
SCHEDULE OF FEES California Prevailing Wage
Effective July 1, 2019

PROFESSIONAL SERVICES
Professional (Engineering, Geology, Environmental)
Principal Professional .......................................................................................................................................................................... $180 Senior Professional ............................................................................................................................................................................... 160 Project Professional............................................................................................................................................................................... 140 Staff Professional .................................................................................................................................................................................. 115 Drafter ..................................................................................................................................................................................................... 87 Field Services (Geotechnical, Inspection)
Field Supervisor...................................................................................................................................................................................$115 LA Certified Grading Inspector .............................................................................................................................................................. 120 Off Site Inspector.....................................................................................................................................................................................65 Laboratory Technician .............................................................................................................................................................................72 Group 1 (Geotechnical, Concrete Sampling)......................................................................................................................................... 106 Group 2 (Special Inspection) ................................................................................................................................................................. 110 Group 3 (NDT Testing) .......................................................................................................................................................................... 114 Coring.................................................................................................................................................................................................... 162 Field Services (Utility/Rebar Locating)
Hourly Rate (A Mob/Demob charge of $300 applies to projects billed onhourly rates) ....................................................................... $215 Full Day .............................................................................................................................................................................................. 1,950 Letter Report ......................................................................................................................................................................................... 300 Map (per day of field work) .................................................................................................................................................................... 350 Field Services (Geophysical Studies: UST, Landfill, Well, Void, UXO, Groundwater) Ground Penetrating Radar, Electromagnetics, Magnetics
Full Day ............................................................................................................................................................................................ $2,350 Hourly Rate (A Mob/Demob charge of $325 applies to projects billed on hourly rates.)........................................................................ 265 Seismic (Refraction, MASW, Downhole/Crosshole), Resistivity (Sting, Standard, Wenner 4-Pin) Full Day ............................................................................................................................................................................................ $3,000 Hourly Rate (A Mob/Demob charge of $550 applies to projects billed on hourly rates.)........................................................................ 325 Seismic ReMi
One Line........................................................................................................................................................................................... $1,500 Each Additional Line.............................................................................................................................................................................. 300 For Pavement/Requires Drilling............................................................................................................................................................. 300 Project Management
Senior Project Manager....................................................................................................................................................................... $158 Project Manager .................................................................................................................................................................................... 130 Administrative Assistant .......................................................................................................................................................................... 67 Travel and Miscellaneous
Pick Up ..............................................................................................................................................................................................$55/hr Travel Time .................................................................. Hourly Rate (or $125/hr beyond 2 hours from San Diego for GeophysicalCrews) Per Diem (variable, depending on location)....................................................................................................................................... Quote Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code §720,et. Seq................................... Quote Overtime and Saturday Rate ..............................................................................................................................1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving)......................................2 x Regular Hourly Rate Rush Surcharge....................................................................................................................................................... Normal Rate plus 50% Specialty Equipment Surcharge ........................................................................................................................................................ Quote

Item 28.
(rev_6/1/20)

SCHEDULE OF FEES CONTINUED

LABORATORY TESTS
Soil and Aggregate
California Bearing Ratio (ASTM D854)................................................................................................................................................ $418 California Impact (Cal 216).................................................................................................................................................................... 206 Chloride Ion Testing (Cal 422)............................................................................................................................................................... 150 Clay Lumps in Aggregate (ASTM C142) ............................................................................................................................................... 150 Cleanness Value (Cal 227).................................................................................................................................................................... 200 Consolidation (ASTM D2435)................................................................................................................................................................ 200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) .............................................................................................. 187 Crushed Particles (Cal 205, ASTM D693) ............................................................................................................................................. 150 Direct Shear (ASTM D3080).................................................................................................................................................................. 260 Durability Factor (Cal 229, ASTM D3744) ............................................................................................................................................... 97 Durability Index (Cal 229, ASTM D3744)............................................................................................................................................... 224 Expansion Index (ASTM D4289) ........................................................................................................................................................... 177 Fine Aggregate Angularity (AASHTO T304).......................................................................................................................................... 200 Fineness Modulus (ASTM C136)............................................................................................................................................................. 24 Flat & Elongated Pieces (ASTM D4791)................................................................................................................................................ 175 Light Weight Pieces (ASTM C123)........................................................................................................................................................ 175 Liquid Limit (Cal 204, ASTM D4318) ....................................................................................................................................................... 75 Los Angeles Abrasion - 1 1/2” and smaller (Cal 211, ASTM C131)....................................................................................................... 224 Maximum Density Check Point (ASTM D698/D1557) ............................................................................................................................. 88 Maximum Density/Optimum Moisture – 4” (ASTM D698, D1557) ......................................................................................................... 200 Maximum Density/Optimum Moisture – 6” (ASTM D698, D1557) ......................................................................................................... 220 Minimum Density (ASTM D1556)............................................................................................................................................................ 74 Moisture Content (Cal 226, ASTM C566, ASTM D2216)......................................................................................................................... 35 Natural Density - Chunk Sample (ASTM D2937)..................................................................................................................................... 41 Natural Moisture/Density Ring or Core Sample (ASTM D2937) .............................................................................................................. 35 Organic Impurities (Cal 213, ASTM C40) ................................................................................................................................................ 90 Organic Matter (ASTM D2974)................................................................................................................................................................ 75 Percent Finer than #200 (ASTM C117, ASTM D1140)............................................................................................................................ 70 Permeability Remold Sample (ASTM D2434) ....................................................................................................................................... 200 Permeability Remold Sample (ASTM D5084) ....................................................................................................................................Quote Permeability Undisturbed Sample (ASTM D5084)..............................................................................................................................Quote Petrographic Analysis (Cal 215, ASTM C295)................................................................................................................................... Quote pH & Resistivity (Cal 643, ASTM G51).................................................................................................................................................. 126 Plasticity Index (Cal 204, ASTM 4318) .................................................................................................................................................. 127 Potential Reactivity (ASTM C289) ......................................................................................................................................................... 220 Residual Shear (ASTM D6467) ............................................................................................................................................................. 442 Rock Correction (ASTM D4718).............................................................................................................................................................. 26 R-Value (Cal 301, ASTM D2844) .......................................................................................................................................................... 276 Sand Castle Test (USACE) ................................................................................................................................................................... 195 Sand Equivalent (Cal 217, ASTM D2419) ............................................................................................................................................... 88 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202)........................................................................................................................... 110 Sieve Analysis with Hydrometer (Cal 203, ASTM D422) ....................................................................................................................... 200 Soil Cement Compression Strength (Cal 312, ASTM D1633) ................................................................................................................. 50 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632) ................................................................................................................... 100 Soluble Chlorides (Cal 422)..................................................................................................................................................................... 62 Soluble Sulfate (Cal 417)......................................................................................................................................................................... 62 Soundness 5 Cycles (Cal 214, ASTM C88)........................................................................................................................................... 375 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127)................................................................................................................... 115 Specific Gravity Fine Aggregate (Cal 207, ASTM C128) ....................................................................................................................... 115 Triaxial Shear Consolidated - Undrained (ASTM D4767) .................................................................................................................. Quote Triaxial Shear Unconsolidated - Undrained (ASTM D2850) .............................................................................................................. Quote Triaxial Staged Consolidated - Undrained (ASTM D4767) ................................................................................................................ Quote Triaxial Staged Unconsolidated - Undrained (ASTM D2850)............................................................................................................. Quote Unconfined Compression (ASTM D2166) ............................................................................................................................................. 162 Unit Weight Aggregate (Cal 212, ASTM C29) ......................................................................................................................................... 80

Item 28.
(rev_6/1/20)

SCHEDULE OF FEES CONTINUED
Asphalt Concrete
Asphalt Core Specific Gravity (Cal 308, ASTM D2726 .......................................................................................................................... $58 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188)............................................................................................................... 74 Emulsion Content (CTM 382)................................................................................................................................................................ 178 Film Stripping (Cal 302)..................................................................................................................................................................... Quote Gyratory Compacted Maximum Specific Gravity (AASHTO T312)........................................................................................................ 350 Hamburg Wheel - Plant Produced HMA (AASHTO T324/Cal-Trans Section 39) .................................................................................. 900 Hveem - Maximum Bulk Specific Gravity (Cal 308)............................................................................................................................... 300 Hveem & Stabilometer Value (Cal 366)................................................................................................................................................. 400 Ignition Oven Correction Factor (AASHTO T308) ................................................................................................................................. 250 Ignition Oven Degradation Factor (AASHTO T308) .............................................................................................................................. 250 Marshall Density, Stability & Flow (ASTM D6927)................................................................................................................................. 400 Marshall Density (ASTM D6926)........................................................................................................................................................... 300 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370).......................................................................................................... 50 Moisture Vapor Susceptibility (Cal 307)............................................................................................................................................. Quote Optimum Bitumen Content (AASHTO R35/Cal 367) .......................................................................................................................... 3,100 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307).............................................................................................................. 180 Residue by Evaporation (Cal 331)......................................................................................................................................................... 178 Rice - Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041)........................................................................................... 133 Sieve Analysis - Extracted Aggregate (Cal 382, ASTM D5444) .............................................................................................................. 90 Stability and Flow (ASTM D1559) ......................................................................................................................................................... 350 Stabilometer Value (Cal 366) ................................................................................................................................................................ 350 RAP Testing - Fractionated (ASTM D2172/AASHTO T308/Cal-TransSection 39............................................................................. Quote RAP Testing - Not Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39)..................................................................... Quote Tensile Strength Ratio - Plant Produced HMA (AASHTO T283) ........................................................................................................... 900 Wet Track Abrasion (ASTM D3910)...................................................................................................................................................... 185 Concrete
2X2 Cube Compression ........................................................................................................................................................................ $27 Concrete Core Compression (ASTM C42).............................................................................................................................................. 59 Concrete Cylinder Compression (Cal 521, ASTM C39) .......................................................................................................................... 27 Flex Beam Modulus of Rupture (Cal 523, ASTM C78) ............................................................................................................................ 74 Modulus of Elasticity (Cal 522, ASTM C469)......................................................................................................................................... 261 Shotcrete Mockup Panel (ASTM C1140)............................................................................................................................................ 1,040 Shotcrete Panel, 3 Cores - Compression (CBC) ................................................................................................................................... 290 Shrinkage - Hardened Concrete (ASTM C157 - Modified) .................................................................................................................... 371 Split Tensile, Concrete Cylinder (ASTM C496) ....................................................................................................................................... 74 Time of Set (ASTM C403) ..................................................................................................................................................................... 200 Trial Batch Fabrication (ASTM C192).................................................................................................................................................... 298 Unit Weight, Hardened Concrete (ASTM C642)...................................................................................................................................... 45 Unit Weight, Lightweight Concrete (ASTM C567) ................................................................................................................................... 59 Masonry
Absorption Block (ASTM C140)........................................................................................................................................................... $115 Compression Adobe.............................................................................................................................................................................. 155 Compression Block, Standard (ASTM C140) ........................................................................................................................................ 150 Compression, Brick (ASTM C67) .......................................................................................................................................................... 115 Efflorescence Block............................................................................................................................................................................... 175 Efflorescence, Brick (ASTM C67).......................................................................................................................................................... 175 Grout Prism Compression (ASTM C1019) .............................................................................................................................................. 27 Masonry Core Compression (ASTM C42)............................................................................................................................................... 51 Masonry Core Shear (CBC 2105A.4)...................................................................................................................................................... 95 Masonry Prism Compression (ASTM E447).......................................................................................................................................... 150 Mortar Bond Strength - Pull Test (ASTM C482) ...................................................................................................................................... 62 Mortar Cylinder Compression.................................................................................................................................................................. 27 Mortar Shear Strength (ANSI 118) .......................................................................................................................................................... 53

Item 28.
(rev_6/1/20)

SCHEDULE OF FEES CONTINUED

TERMS AND CONDITIONS
Masonry - Continued
Relative Mortar Strength (Cal 515)...................................................................................................................................................... $850 Shrinkage - Masonry Block (ASTM C426)............................................................................................................................................. 250 Trial Grout Prisms (ASTM C942)............................................................................................................................................................. 38 Water Retention and Air Content (ASTM C270).................................................................................................................................... 470 Metal
Bolt Assembly - Hardness Test ............................................................................................................................................................. $74 Bolt Assembly - Tensile & Proof Load Test ........................................................................................................................................... 125 Modulus of Elasticity (Steel) .................................................................................................................................................................. 146 Post-Tension Tendon Tensile Testing................................................................................................................................................... 185 Tensile Strength & Bend Test, Reinforcing Steel (ASTM A615/A706)................................................................................................... 125 Tensile Strength #14 - #18 Bar (ASTM A615) ................................................................................................................................... Quote Tensile Strength - Mechanical Splices #9 and Smaller (Cal 670) ...................................................................................................... Quote Tensile Strength - Mechanical Splices #10 to #14 (Cal 670) ............................................................................................................. Quote Tensile Strength - Mechanical Splices #18 (Cal 670) ........................................................................................................................ Quote Tensile Strength and Bend Test, Structural Steel (ASTM A370)........................................................................................................... 180 Miscellaneous
Fire Proofing Density Test (ASTM E605) .............................................................................................................................................. $69 Fiber Reinforced Polymer, Tensile (ASTM D3039) ............................................................................................................................... 520 Material Preparation ............................................................................................................................................................................70/hr Relative Humidity Test (ASTM F2170) ................................................................................................................................................80/kit Concrete Vapor Emission Kits (ASTM F1869).....................................................................................................................................72/kit Test Chamber and Water Spray Rack (ASTM E1105) .................................................................................................................. 275/hour Miscellaneous Charges ...................................................................................................................................................................Various Default Expense ..............................................................................................................................................................................Various All field services will be charged portal to portal with the following minimum charges:
• A two-hour show-up charge will be applied to any service canceled the same day of service. • The client will be invoiced only for the hours actually worked in 4 and 8 hour increments. • Work in excess of eight hours up to twelve hours in a single day, will be charged in one-hour increments at 1.5 times the standard rate. • Work in excess of twelve hours in a day will be charged in one-hour increments at 2.0 times the standard rate.

Work performed by field or laboratory personnel outside of normal business hours (6:30 AM – 5:00 PM) will be charged a premium on a case-by-case basis.

Reimbursables: Our company reserves the right to charge for services outside of the contract in the form of reimbursables. These items include, but are not limited to, the following consumables: diamond coring bits, fuel, patching materials, mileage, travel time, equipment rental and administrative time.

Subcontracted services that are included on the Fee Schedule will be charged at those rates. Subcontracted services not included in our Fee Schedule will be charged at cost plus 20 percent. Per Diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 54.4 cents per mile for distances over 50 miles from the location of dispatch.

Invoices for all services completed or in progress will be submitted monthly. These invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be considered past due. A finance charge will be computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent and charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attorney’s fees and other costs of collection.

Our professional engineering, geology, and inspection services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended.

Prevailing wage rates will increase consistent with general prevailing wage determinations made by the California Department of Industrial Relations.

Item 28.

B-1
80237.00000\19870870.1
EXHIBIT “B”

SCHEDULE OF SERVICES
October 12, 2022 through October 12, 2023.

Item 28.

C-1
80237.00000\19870870.1
EXHIBIT “C”

COMPENSATION
Not to Exceed $50,000.00.

Item 28.

Item 28.

Item 28.

Item 28.

Item 28.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Award Construction Contract with Jacobsson Engineering Construction, Inc. in the amount of $1,498,267.98 plus 20% contingency, and approve Amendment #1 to the professional engineering services contract with KOA in an amount not to exceed $75,000, and Award a professional service contract for materials testing to Atlas Technical Consultants in an amount not to exceed $25,000, for the 2022 Pedestrian and Road Safety Improvements, City Project No. ST-134.

STAFF RECOMMENDATION:
o Authorize City Manager to execute a construction contract with Jacobsson Engineering Construction, Inc. in an amount $1,498,267.98 plus 20% contingency for the 2022 Pedestrian and Road Safety Improvements, City Project No. ST-134. o Authorize City Manager to execute contract Amendment #1 with KOA Corporation for reoccurring, as needed, professional engineering services for the 2022 Pedestrian and Road Safety Improvements Project, City Project ST-134.
o Authorize City Manager to execute a contract with Atlas Technical Consultants LLC for reoccurring, as needed, construction materials and quality assurance testing for the 2022 Pedestrian and Road Safety Improvements Project, City Project ST-134.

BACKGROUND:

On May 26, 2021 the City of Coachella approved Resolution 2021-32, adopting a list of road rehabilitation projects to be funded by SB1 (Gas Tax). This resolution included approximately $1.7 million in combined funding for street rehabilitation projects ST-105 and ST-113, and ST134 for the 2022 Pedestrian and Road Safety Improvement Project. The ST-134 Pedestrian and Road Safety Project was presented to City Council on March 9th and included proposed street rehabilitation and pedestrian safety projects proposed under all three projects, under one combined scope. Combining scopes from multiple projects provides efficiency in project management, design and delivery.

City Staff has included thirteen locations throughout the City that need pedestrian and road safety improvements. These improvements include median refuges and enhanced crosswalks with rapid rectangular flashing beacons (RRFB), center separation medians, ADA ramps, safety striping and speed humps. The thirteen locations will include 18 enhanced street crossings, 3 street crossings

Item 29.
with push button rapid flashing pedestrian beacons, 10 new ADA ramps, nearly 1 mile of median curbs, over two miles of road restriping, 62,000 SF of slurry seal and three new speed humps.

DISCUSSION/ANALYSIS:

The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On September 1, 2022, the City issued the Notice Inviting Bids with a non-mandatory job walk held on September 8, 2022. The project bid opening was held on September 22, 2022 at 10:00 a.m., with one company submitting a bid for this project. The bid opening results are listed below:

Company Name: City: Bid Amount:

Jacobsson Engineering Construction Palm Desert $1,498,267.98 Staff has reviewed the bid and determined that Jacobsson Engineering Construction is the lowest, responsive, responsible bidder. The total project cost, including design engineering, construction engineering, materials testing, construction and a 20% contingency is as follows:

Project Item: Project Cost:

Civil Design and Construction Engineering (KOA) $75,000 ATLAS Engineering Materials Testing $25,000
Construction $1,498,267.98
Construction Contingency (20%) $299,653.60
TOTAL PROJECT COST: $1,897,921.58
FISCAL IMPACT:

The project contains elements from ST-105, ST-113 and ST-134, which have been combined into one project, and have all been included in the City’s approved CIP FY 22/23 budget and listed on Resolution 2022-29 to be funded with SB1 Funds (Fund 109). The total project costs of $1,897,921.58, which includes design engineering, construction engineering, materials testing, construction and a 20% contingency will be funded with SB1 Funds (Fund 109) and Street DIF funds (Fund 127). In addition to the funds currently appropriated in ST-134 ($477,101), Funds will be re-appropriated from projects, ST-105 ($464,961.62) and ST-113 ($350,000) and ST-131 ($277,000). Total SB-1 funds to be appropriated to the project will total $1,569,062.62. Street DIF funds (Fund 127) will be appropriated to cover the remaining project balance ($328,858.96).

With this action, Council will be approving applicable transfers from Funds 109 and 127 to Fund 182 (CIP).

ATTACHMENTS:

1. Construction Contract – Jacobsson Engineering Construction, Inc.

2. ST-134 Bid Tabulation

3. Amendment #1 – KOA Corporation

4. Professional Service Agreement – Atlas Technical Consultants LLC

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -55- CONTRACT FOR CONSTRUCTION

CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), is made and entered into this 12th day of October, 2022, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Jacobsson Engineering Construction, Inc., a corporation, with its principal place of business at P.O. Box 14430, Palm Desert, CA 92255, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

PEDESTRIAN SAFETY AND ROADWAY IMPROVMENTS
CITY PROJECT NO. ST-134
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Four Hundred Ninety-Eight Thousand Two Hundred Sixty-Seven Dollars and Ninety-Eight Cents ($1,498,267.98). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500.00 for each and every Working Day of delay beyond

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -56- CONTRACT FOR CONSTRUCTION the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture, if the Bagdouma Court Improvements are not completed by the date set forth in the Invitation to Bid. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -57- CONTRACT FOR CONSTRUCTION The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -58- CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF COACHELLA
By:

Gabriel Martin
City Manager
ATTEST:

By:

Andrea Carranza, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

JACOBSSON ENGINEERING
CONSTRUCTION, INC.

IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER REQUIRED
By:

Its:

Printed
Name:

By:

Its:

Printed
Name:
__A&B #650389_______________________
Contractor’s License Number and
Classification
__1000008233________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -59- CONTRACT FOR CONSTRUCTION Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

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

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -60-

PERFORMANCE BOND

BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, California 92236, (hereinafter referred to as the “City”) has awarded to Three Peaks Corp., (hereinafter referred to as the “Contractor”) an agreement for Pedestrian & Roadway Safety Improvements, City Project No. ST-134, (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 October 12, 2022, (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 One Million Four Hundred Ninety-Eight Thousand Two Hundred Sixty-Seven Dollars and Ninety-Eight Cents, ($1,498,267.98), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -61-

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

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

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

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

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -62-

PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2022.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -63-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -64-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -65-

PERFORMANCE BOND
Payment Bond (Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella, a municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed on October 12, 2022, has awarded to Jacobsson Construction Engineering, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Pedestrian & Roadway Safety Improvements, City Project No. ST-134 (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 12, 2022 (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum One Million Four Hundred Ninety-Eight Thousand Two Hundred Sixty-Seven Dollars and Ninety-Eight Cents, ($1,498,267.98) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -66-

PERFORMANCE BOND
to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2022.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -67-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Item 29.

PEDESTRIAN AND SAFETY IMPROVEMENTS -68-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2022, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

Item 29.

ST-134 Bid Tabulation.xlsx
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
1 Mobilization 1 LS $65,000.00 $65,000.00 $99,000.00 $99,000.00 2 Dust Control/Stormwater Best Management
Practices (BMP’s) 1 LS $10,000.00 $10,000.00 $15,000.00 $15,000.00 3 Remove, Modify, and Restore Existing
Landscape & Irrigation In Kind 1 LS $3,000.00 $3,000.00 $12,000.00 $12,000.00 4 Traffic Control & Site Protection 1 LS $1,500.00 $1,500.00 $10,200.00 $10,200.00 5 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $700.00 $700.00 $793.00 $793.00
6 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $4,000.00 $4,000.00 $6,283.00 $6,283.00 7 (F&I) Signage per Plan (S) 1 LS $3,000.00 $3,000.00 $1,220.00 $1,220.00 8 (F&I) Pedestrian Barricade & Signage 2 EA $800.00 $1,600.00 $1,281.00 $2,562.00 9 Sawcut and Remove Existing Asphalt
Pavement 419 SF $6.00 $2,514.00 $10.00 $4,190.00
10 Remove Existing Curb/Curb & Gutter 32 LF $5.00 $160.00 $42.00 $1,344.00 11 Remove Existing PCC Sidewalk, Driveway,
Ramp, or Other Concrete 215 SF $3.00 $645.00 $11.00 $2,365.00 12 Construct 8” Type D Curb
(Over 6” CL2 AB) per COC Std. S-10 73 LF $54.00 $3,942.00 $71.00 $5,183.00 13 Clean CL2 CAB Fill Material for Island (F) 12 CY $65.00 $780.00 $145.00 $1,740.00 14 4” Thick Quarry Red Stamped PCC 302 SF $16.00 $4,832.00 $20.00 $6,040.00 15 Curb Installation Asphalt Repair 90 LF $0.80 $72.00 $80.00 $7,200.00 16 Construct Curb Ramp Case A per Detail 6
Sheet 5 1 EA $3,500.00 $3,500.00 $5,800.00 $5,800.00
17 (F&I) Detectable Warning Surface 36 SF $25.00 $900.00 $45.00 $1,620.00 18 Construct 6” Type A Curb & Gutter (Over 6”
CL2 AB) per COC Std. S-7 17 LF $52.00 $884.00 $117.00 $1,989.00 19 Traffic Control & Site Protection 1 LS $2,000.00 $2,000.00 $10,200.00 $10,200.00 20 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $700.00 $700.00 $1,159.00 $1,159.00
21 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $3,800.00 $3,800.00 $4,367.00 $4,367.00 Bid Schedule Engineer's Estimate Jacobsson Enginnering
Construction

Item 29.

ST-134 Bid Tabulation.xlsx
22 (F&I) or Relocate Signage per Plan (S) 1 LS $2,000.00 $2,000.00 $213.00 $213.00 23 (F&I) Flashing Sign/Beacon per Plan 1 EA $7,000.00 $7,000.00 $10,126.00 $10,126.00 24 Sawcut and Remove Existing Asphalt
Pavement 787 SF $6.00 $4,722.00 $8.50 $6,689.50
25 Remove Existing Curb/Curb & Gutter 60 LF $5.00 $300.00 $39.00 $2,340.00 26 Remove Existing PCC Sidewalk, Driveway,
Ramp, or Other Concrete 233 SF $3.00 $699.00 $12.00 $2,796.00 27 Construct 8” Type D Curb (Over 6” CL2
AB) per COC Std. S-10 115 LF $54.00 $6,210.00 $70.00 $8,050.00 28 Clean CL2 CAB Fill Material for Island (F) 18 CY $65.00 $1,170.00 $145.00 $2,610.00 29 4” Thick Quarry Red Stamped PCC 440 SF $16.00 $7,040.00 $20.00 $8,800.00 30 (F&I) Detectable Warning Surface 190 SF $25.00 $4,750.00 $47.00 $8,930.00 31 4” Thick PCC Refuge Island Landing 88 SF $8.00 $704.00 $23.00 $2,024.00 32 Curb Installation Asphalt Repair 145 LF $0.80 $116.00 $80.00 $11,600.00 33 Construct Case C Curb Ramp per Det. 6
Plan Sheet 6 1 EA $3,500.00 $3,500.00 $3,059.00 $3,059.00 34 Construct Case CM Curb Ramp per Det. 7
Plan Sheet 6 1 EA $5,000.00 $5,000.00 $10,198.00 $10,198.00 35 Traffic Control & Site Protection 1 LS $4,000.00 $4,000.00 $10,203.00 $10,203.00 36 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $1,500.00 $1,500.00 $4,453.00 $4,453.00
37 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $4,000.00 $4,000.00 $6,679.00 $6,679.00 38 (F&I) or Remove Signage per Plan (S) 1 LS $2,800.00 $2,800.00 $793.00 $793.00 39 (F&1) Flashing Sign/Beacon per Plan 1 EA $7,000.00 $7,000.00 $10,126.00 $10,126.00 40 Relocate Flashing Sign/Beacon and
Signage 1 EA $0.00 $0.00 $10,797.00 $10,797.00
41 Sawcut and Remove Existing Asphalt
Pavement 1,641 SF $6.00 $9,846.00 $10.00 $16,410.00
42 Remove Existing Curb/Curb & Gutter 50 LF $5.00 $250.00 $40.00 $2,000.00 43 Remove Existing PCC Sidewalk, Driveway,
Ramp, or Other Concrete 228 SF $3.00 $684.00 $12.00 $2,736.00 44 Construct 8” Type D Curb (Over 6” CL2 AB)
per COC Std. S-10 54 LF $54.00 $2,916.00 $72.00 $3,888.00 45 Clean CL2 CAB Fill Material for Island (F) 13 CY $65.00 $845.00 $145.00 $1,885.00 46 4” Thick Quarry Red Stamped PCC 312 SF $16.00 $4,992.00 $20.00 $6,240.00

Item 29.

ST-134 Bid Tabulation.xlsx
47 (F&I) Detectable Warning Surface 97 SF $25.00 $2,425.00 $47.00 $4,559.00 48 Curb Installation Asphalt Repair 257 LF $0.80 $205.60 $80.00 $20,560.00 49 Construct Case A Curb Ramp per Det. 8
Plan Sheet 7 1 EA $3,500.00 $3,500.00 $4,500.00 $4,500.00 50 Construct 8” Curb & Gutter over 6” CL2 AB)
per COC Std. S-8 54 LF $55.00 $2,970.00 $113.00 $6,102.00 51 Construct 4: Thick PCC Sidewalk per COC
Std. S-25 (Over 6” CL2 AB) 806 SF $13.00 $10,478.00 $12.00 $9,672.00 52 Construct Driveway per SPPWC Std. 110-2 142 SF $15.00 $2,130.00 $21.00 $2,982.00 53 Parkway Sidewalk Clean Fill Material (F) 35 CY $67.00 $2,345.00 $145.00 $5,075.00 54 (F&I) Type 2 REAS Slurry (S) 14,710 SF $0.50 $7,355.00 $2.00 $29,420.00 55 Traffic Control & Site Protection 1 LS $4,000.00 $4,000.00 $10,200.00 $10,200.00 56 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $2,500.00 $2,500.00 $3,690.00 $3,690.00
57 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $16,000.00 $16,000.00 $16,738.00 $16,738.00 58 (F&I) Signage per Plan (S) 1 LS $2,000.00 $2,000.00 $915.00 $915.00 59 (F&I) Flashing Sign/Beacon per Plan 2 EA $7,000.00 $14,000.00 $8,521.00 $17,042.00 60 Sawcut and Remove Existing Asphalt
Pavement 826 SF $6.00 $4,956.00 $10.00 $8,260.00
61 Construct 8” Type D Curb (Over 6” CL2 AB)
per COC Std. S-10 213 LF $54.00 $11,502.00 $69.00 $14,697.00 62 Clean CL2 CAB Fill Material for Island 20 CY $65.00 $1,300.00 $165.00 $3,300.00 63 4” Thick Quarry Red Stamped PCC 493 SF $16.00 $7,888.00 $20.00 $9,860.00 64 Curb Installation Asphalt Repair 244 LF $0.80 $195.20 $80.00 $19,520.00 65 (F&I) Type 2 REAS Slurry (S) 48,550 SF $0.50 $24,275.00 $2.00 $97,100.00 66 Traffic Control & Site Protection 1 LS $1,000.00 $1,000.00 $10,000.00 $10,000.00 67 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $1,000.00 $1,000.00 $1,098.00 $1,098.00
68 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $3,000.00 $3,000.00 $3,387.00 $3,387.00 69 (F&I) Signage per Plan (S) 1 LS $1,700.00 $1,700.00 $122.00 $122.00 70 Sawcut and Remove Existing Asphalt
Pavement 92 SF $6.00 $552.00 $17.00 $1,564.00

Item 29.

ST-134 Bid Tabulation.xlsx
71 Construct 8” Type D Curb (Over 6’ CL2 AB)
per COC Std. S-10 82 LF $54.00 $4,428.00 $83.00 $6,806.00 72 Clean CL2 CAB Fill Material for Island (F) 3 CY $65.00 $195.00 $450.00 $1,350.00 73 4” Thick Quarry Red Stamped PCC 304 SF $16.00 $4,864.00 $20.00 $6,080.00 74 Curb Installation Asphalt Repair 98 LF $0.80 $78.40 $80.00 $7,840.00 75 Traffic Control & Site Protection 1 LS $2,000.00 $2,000.00 $10,000.00 $10,000.00 76 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $4,500.00 $4,500.00 $6,100.00 $6,100.00
77 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $13,000.00 $13,000.00 $10,595.00 $10,595.00 78 (F&I) or Relocate Signage per Plan (S) 1 LS $250.00 $250.00 $122.00 $122.00 79 Traffic Control & Site Protection 1 LS $10,000.00 $10,000.00 $31,171.68 $31,171.68 80 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $6,000.00 $6,000.00 $7,564.00 $7,564.00
81 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $20,000.00 $20,000.00 $16,598.00 $16,598.00 82 (F&I) or Remove Signage per Plan (S) 1 LS $8,000.00 $8,000.00 $4,361.00 $4,361.00 83 Sawcut and Remove Existing Asphalt
Pavement 17,218 SF $6.00 $103,308.00 $1.60 $27,548.80
84 Construct 8” Type D Curb (Over 6’ CL2 AB)
per COC Std. S-10 5,740 LF $54.00 $309,960.00 $30.00 $172,200.00 85 Clean CL2 CAB Fill Material for Island (F) 343 CY $65.00 $22,295.00 $117.00 $40,131.00 86 4” Thick Quarry Red Stamped PCC 8,581 SF $16.00 $137,296.00 $9.00 $77,229.00 87 Curb Installation Asphalt Repair 5,802 LF $0.80 $4,641.60 $21.50 $124,743.00 88 Traffic Control & Site Protection 1 LS $2,000.00 $2,000.00 $4,585.00 $4,585.00 89 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $3,000.00 $3,000.00 $3,050.00 $3,050.00
90 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $7,000.00 $7,000.00 $4,819.00 $4,819.00 91 Relocate Signage per Plan (S) 1 LS $250.00 $250.00 $549.00 $549.00 92 Traffic Control & Site Protection 1 LS $1,500.00 $1,500.00 $10,000.00 $10,000.00 93 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $500.00 $500.00 $823.00 $823.00
94 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $3,200.00 $3,200.00 $2,873.00 $2,873.00 95 (F&I) Remove Signage per Plan (S) 1 LS $5,500.00 $5,500.00 $2,867.00 $2,867.00

Item 29.

ST-134 Bid Tabulation.xlsx
96 Install Thermoplastic Rumble Strips per
Plan (S) 1 LS $2,500.00 $2,500.00 $7,686.00 $7,686.00
97 Sawcut and Remove Existing Asphalt
Pavement 362 SF $6.00 $2,172.00 $12.00 $4,344.00
98 Remove Existing Curb/Curb & Gutter 32 LF $5.00 $160.00 $42.00 $1,344.00 99 Remove Existing PCC Sidewalk, Driveway,
Ramp, or Other Concrete 173 SF $3.00 $519.00 $23.00 $3,979.00 100 Construct 8” Type D Curb (Over 6’ CL2 AB)
per COC Std. S-10 64 LF $54.00 $3,456.00 $84.00 $5,376.00 101 Clean CL2 CAB Fill Material for Island (F) 6 CY $65.00 $390.00 $250.00 $1,500.00 102 4” Thick Quarry Red Stamped PCC 143 SF $16.00 $2,288.00 $20.00 $2,860.00 103 (F&I) Detectable Warning Surface 118 SF $25.00 $2,950.00 $47.00 $5,546.00 104 4” Thick PCC Refuge Island Landing 22 SF $8.00 $176.00 $62.00 $1,364.00 105 Curb Installation Asphalt Repair 64 LF $0.80 $51.20 $80.00 $5,120.00 106 Construct Case C Curb Ramp per Det. 6 &
Det. 8 Plan Sheet 14 2 EA $3,500.00 $7,000.00 $4,000.00 $8,000.00 107 (F&I) Flashing Sign/Beacon per Plan 3 EA $16,000.00 $48,000.00 $11,242.00 $33,726.00 108 Traffic Control & Site Protection 1 LS $3,500.00 $3,500.00 $10,000.00 $10,000.00 109 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $1,000.00 $1,000.00 $1,464.00 $1,464.00
110 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $8,500.00 $8,500.00 $7,692.00 $7,692.00 111 (F&I) Signage per Plan (S) 1 LS $3,500.00 $3,500.00 $2,745.00 $2,745.00 112 (F&I) Flashing Sign/Beacon with Push
Button & Signage per Plan 2 EA $16,000.00 $32,000.00 $10,583.00 $21,166.00 113 (F&I) Flashing Sign/Beacon and Signage 1 EA $14,000.00 $14,000.00 $10,815.00 $10,815.00 114 Remove Existing Curb/Curb & Gutter 12 LF $5.00 $60.00 $55.00 $660.00 115 Remove Existing PCC Sidewalk, Driveway,
Ramp, or Other Concrete 195 SF $3.00 $585.00 $21.00 $4,095.00 116 Construct Type B Passage Way Per Det. 7
Plan Sheet 15 112 SF $20.00 $2,240.00 $49.00 $5,488.00
117 (F&I) Detectable Warning Surface 42 SF $25.00 $1,050.00 $47.00 $1,974.00 118 Construct Case C Curb Ramp per Det. 6
Sheet 15 1 EA $3,500.00 $3,500.00 $5,500.00 $5,500.00
119 Construct 4” Thick Sidewalk per COC Std.
25-1 77 SF $13.00 $1,001.00 $54.00 $4,158.00
120 (F&I) Pedestrian Barricade & Signage 2 EA $800.00 $1,600.00 $1,281.00 $2,562.00

Item 29.

ST-134 Bid Tabulation.xlsx
121 Traffic Control & Site Protection 1 LS $1,000.00 $1,000.00 $10,200.00 $10,200.00 122 (F&I) Install Speed Humps 2 EA $2,500.00 $5,000.00 $2,521.00 $5,042.00 123 (F&I) Signage per Plan (S) 1 LS $3,200.00 $3,200.00 $1,860.00 $1,860.00 124 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $700.00 $700.00 $2,928.00 $2,928.00 125 Traffic Control & Site Protection 1 LS $1,000.00 $1,000.00 $4,586.00 $4,586.00 126 (F&I) Speed Humps 2 EA $2,500.00 $5,000.00 $2,521.00 $5,042.00 127 (F&I) Signage per Plan (S) 1 LS $3,200.00 $3,200.00 $1,860.00 $1,860.00 128 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $700.00 $700.00 $2,623.00 $2,623.00 129 Traffic Control & Site Protection 1 LS $10,000.00 $10,000.00 $4,586.00 $4,586.00 130 Remove Striping, Markings, & Markers per
Plan (S) 1 LS $15,000.00 $15,000.00 $10,370.00 $10,370.00 131 Paint Striping & Markings, and Install
Markers per Plan (S) 1 LS $30,000.00 $30,000.00 $32,232.00 $32,232.00 132 Paint Red Curb per Plan (S) 4,626 LF $3.00 $13,878.00 $1.50 $6,939.00 133 Paint Green MMAX Paint with Legends per
Plan (S) 1 LS $25,000.00 $25,000.00 $15,469.00 $15,469.00 134 (F&I), Remove, or Relocate Signage per
Plan (S) 1 LS $1,250.00 $1,250.00 $1,098.00 $1,098.00
$1,253,742.00 $1,498,267.98
Estimate Adjust 13613
Estimate Total $1,267,355.00
Indicates Staff correction of the math.

Indicates Apparent Low Bidder
TOTAL

Item 29.

FIRST AMENDMENT TO AGREEMENT BETWEEN THE

CITY OF COACHELLA

AND KOA CORPORATION
Project ST-134
THIS FIRST AMENDMENT ("Amendment") is made and entered into as of October 12, 2022 by and between the City of Coachella ("City") and KOA Corporation (“Consultant”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Recitals. This Amendment is made with the respect to the following facts and purposes:
a. On or about March 9th, 2022 the City and Consultant entered into that certain agreement entitled “City of Coachella Professional Services Agreement” between the City and Consultant in the amount of $26,220 for project ST-134. b. The parties now desire to amend the Agreement as set forth in this Amendment.

2. Amendment. Section 3.3.1, Compensation, of the Agreement is hereby amended in its entirely to read as follows:
"3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement as set forth in Exhibit "A" at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy-Five Thousand Dollars ($75,000) without written approval of the City’s representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."

3. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

Item 29.

IN WITNESS THEREOF, the parties have executed this Amendment as of the day and year first set forth above, which date shall be considered by the parties to be the effective date of this Amendment.

CITY OF COACHELLA KOA CORPORATION.

By:____________________________ By:_________________________ Gabriel Martin, City Manager Min Zhou, Chief Executive Officer/President Approved as to form:

By:_____
Carlos Campos, City Attorney
Attest:

By: _______________________ _
Angela Zepeda, City Clerk

Item 29.

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80237.00000\19870870.1

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12th day of October, 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, Coachella, California 92236 (“City”) and Atlas Technical Consultants LLC a partnership with its principal place of business at, 6280 Riverdale Street, San Diego, CA 92120 (“Consultant”).

The City and Consultant are sometimes individually referred to 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 professional services to public clients, is licensed in the State of California, and is familiar with the plans of the City.

2.2 Project.

The City desires to engage Consultant to render such services for the 2022 Pedestrian and Road Safety Improvements Project, City Project ST-134 (“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 engineering services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be for a period of 12 calendar months from date of the notice to proceed unless earlier terminated as provided herein.

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

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3.2.1 Control and Payment of Subordinates; Independent Contractor. 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. The City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of the City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, the City shall respond to Consultant’s submittals in a timely manner. Upon request of the City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 Substitution of Key Personnel. Consultant has represented to the 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 the City. In the event that the City and Consultant cannot agree as to the substitution of key personnel, the City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mrs. Mehrnoush Yavary, P.E., - Atlas Technical Consultants LLC - Director of Engineering

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

3.2.6 Consultant’s Representative. Consultant hereby designates Mehrnoush Yavary, P.E. - Director of Engineering, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, 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, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be reemployed to perform any of the Services or to work on the Project.

3.2.8.1 Period of Performance and Liquidated Damages. 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 Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 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.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their

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profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant