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(including, without limitation, the rates set forth in the Compensation Schedule attached hereto as Exhibit “C” and incorporated by reference herein); provided however, that the amount of the total compensation, including authorized reimbursements, for any Services rendered in any Subsequent term(s) (if such Subsequent Term(s) is desired by City), shall not exceed the amount required to be appropriated by City, in its sole and absolute discretion. Such extension(s) shall be made by City providing written notice to Consultant. Consultant shall complete the Services within the applicable Term of the Agreement, and shall meet any other established schedules and deadlines as may be set by City staff on an on-call and as-needed basis from time to time.
3.2 Responsibilities of Consultant.
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. 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 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, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. 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: Jason Jackson.
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3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). 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 Jason Jackson, 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 City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors 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 subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 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 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,
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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 the Services 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 subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor 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 subcontractors.
Consultant shall also require all of its subcontractors 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: One Million Dollars ($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, 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: One Million Dollars ($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 One Million Dollars ($1,000,000) per accident for bodily injury or disease.
3.2.10.3 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 insureds with respect to the Services 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
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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 Employers 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.
3.2.10.4 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.
3.2.10.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant 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.
3.2.10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
3.2.10.7 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
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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.
3.2.11 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 subcontractors, 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 TWO HUNDRED EIGHTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($285,000.00) without written approval of City’s City Council. 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 monthly itemized 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
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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.
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.
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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, PW
Director
Consultant
Southwest Protective Services, Inc.
45-100 Golf Center Parkway, Suite E
Indio, CA 92201
Attn: Jason Jackson, President
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.
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. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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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 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
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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 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.
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
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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.
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.]
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City of Coachella
By:
Dr. Gabriel D. Martin,
City Manager
Southwest Protective Services, Inc.
By:
Jason Jackson
President
Attest:
By:
City Clerk
Approved as to Form:
****Approved Form****
Best Best & Krieger LLP
City Attorney
Item 16.
EXHIBIT A
EXHIBIT “A”
SCOPE OF SERVICES
SPECIFICATIONS
1. General – The Vendor shall:
1.1 Have at least five (5) years of consecutive experience in the security guard/screening industry under the current company name, and must have experience in multi - government agency facility protection.
1.2 Agree and ensure that security personnel fully perform their duties in accordance with City imposed policies, procedures, and conditions for continued service at this account.
1.3 All assigned security personnel must pass a comprehensive pre-employment background/reference check. Vendor to absorb costs associated with such background/reference checks. The following are grounds for rejection for providing services to the City:
1.3.1 Any felony conviction.
1.3.2 Any conviction for a substance abuse (felony or misdemeanor).
1.3.3 Any misdemeanor conviction of a crime of violence.
1.3.4 Any misdemeanor conviction for theft or moral turpitude.
1.3.5 Any gang affiliation.
1.3.6 Any excessive record of arrests with few or no convictions.
1.3.7 Any current or pending criminal investigation in which the applicant is a suspect.
1.4 Ensure that security personnel possess the following minimum physical and mental capabilities:
1.4.1 Sufficient color perception to distinguish primary colors (red, blue, and yellow).
1.4.2 Ability to use both eyes with far vision correctable to 20/40 and near vision correctable to 13-16 inches.
Item 16.
EXHIBIT A
1.4.3 Average hearing loss not in excess of 20 decibels (dB) and frequencies from 500 – 3000 cycles per second (cps). Use of a hearing aid is acceptable, as long as the device is in good working order and is in operation during the hours the security officer is on duty.
1.4.4 The full range of use of fingers, both hands, and both legs; the ability for rapid mental and muscular coordination simultaneously; and the ability to climb a ladder and perform other similar activities.
1.5 Ensure that security personnel have normal concern for their own physical safety and shall take reasonable precautions not to place themselves in situations that would encourage violence or jeopardize the safety of other persons in the area.
1.6 Ensure the conduct and behavior of security personnel are beyond reproach.
Security personnel are to be polite, cooperative, and able to work in harmony with one another, visitors, and with other City of Coachella employees.
1.7 Ensure that security personnel respond to subpoenas pertaining to any City account.
1.8 Schedule security coverage for vacations, holidays, unscheduled absences, and/or other unplanned occurrences. Any costs (including overtime) associated with scheduling vacations, holidays, and absences are the responsibility of the vendor.
These costs must be included in the billing rate.
1.9 Immediately transfer/remove security personnel from the account at the City’s request. This includes the assigned Account Manager representing the Vendor.
1.10 Ensure that security personnel are fully aware of the political sensitivities that exist in a municipal government.
1.11 Provide strict key control policies for any and all government keys and key cards.
Keys issued to the successful vendor are not to be duplicated. Should the successful vendor lose a set of keys, or should it be shown that duplication of the keys by the successful vendor has wrongfully occurred, the successful vendor must reimburse the City of Seattle for the actual cost of re-keying all locks, doors, and gates to the facility up to a maximum amount of $100,000.
1.12 Have a ready source of qualified individuals to perform the function and administer the employee selection and scheduling, billing, and administrative functions of the contract.
1.13 Maintain a reserve of immediately available alternates in the event a scheduled individual, because of illness or other reason, becomes unavailable to perform the functions of the position, so that no position is ever uncovered.
Item 16.
EXHIBIT A
1.14 Ensure that security personnel have photo identification and attach it properly to their uniforms in a readily visible manner.
1.15 Ensure that security personnel give undivided attention to their duties and given responsibilities. Long, unnecessary conversations with other individuals shall be avoided.
1.16 Ensure that security personnel do not read, write, or study while on duty—except as may be required in connection with their duties and responsibilities.
1.17 Ensure that security personnel do not smoke or use other forms of tobacco products while on the job. These products are not allowed on City property.
1.18 Ensure that security personnel do not read unauthorized material, eat, or groom while in public view. Ensure that security personnel do not wear headphones, smoke, conduct personal calls, or bring visitors onto the work site.
1.19 Ensure that security personnel are equipped with the necessary equipment and supplies to properly perform his or her duties.
1.20 Ensure that security personnel are not permitted to provide themselves with unauthorized personal equipment (e.g., firearms, chemical agents, knives, etc.).
1.21 Ensure that security personnel neither use nor have in their possession intoxicants and/or controlled substances on or near the job site. The odor of intoxicants and/or controlled substances on our about the vendor’s security and supervisory personnel shall cause the vendor to immediately remove the individual(s) from the job site.
1.22 Provide services as described. After three (3) failures by the vendor to comply with the terms of the contract within a contract year, the contract will be subject to immediate termination.
1.23 Ensure that security personnel comply with the duties and responsibilities as outlined in these specifications.
1.24 Ensure that all scheduling information is provided in military time (24-hour scale).
1.25 Agree and ensure that security personnel may be required to perform other duties as assigned on a permanent or temporary basis—regardless of the job description.
1.26 Ensure prompt replacement of security personnel in the event of illness or emergency.
1.27 Within ten (10) working dates after receiving notice that the Contract has been terminated, and as a condition of final invoice payment by the City to the Vendor,
Item 16.
EXHIBIT A
the Vendor shall provide a list of all employees that are providing such services to the City buildings and facilities, including the name, address, phone number, date of hire, and employment classification of each covered employee.
1.28 Ensure that security personnel keep their clothing neat, clean, and well pressed at all times. Uniforms shall not have rips, tears, visible repairs, missing buttons, excessive tightness, or bagginess.
1.29 Ensure security personnel is equipped with a patrol vehicle that is in good condition, clearly marked, has security lights and global positioning system that is made accessible to City.
2. Scope of Work – Vendor Shall:
• Vendor shall designate an Account Manager who shall coordinate all issues relating to this contract, staffing, performance, etc., and will be the point of contact for the City. Vendor shall not replace the Account Manager unless prior written notice is given to and approved by the City
• Provide dispatch center services for all afterhours alarm calls 7 days a week, 365 days a year.
• Provide three patrols of the following locations seven days a week, 365 days a year, between the hours of 2000 hours – 0600 hours:
• Bagdouma Park (six bathroom facilities)
a. 84599 Avenue 52, Coachella.
• Dateland Park (one bathroom facility)
a. 51805 Shady Lane, Coachella
• Veterans Park (one bathroom facility)
a. 1515 6th Street, Coachella
• Sierra Vista Park (one bathroom facility)
a. 50570 Calle Mendoza, Coachella
• Rancho De Oro Park (one bathroom facility)
a. 84600 Avenue 50, Coachella
• Rancho Las Flores Park (one bathroom facility)
a. 48-400 Van Buren Street, Coachella
• City Hall
a. 1515 Sixth Street, Coachella
• Corporate Yard
a. 53462 Enterprise Way, Coachella
• Coachella Civic Center
a. 53990 Enterprise Way, Coachella
• Sr. Center
Item 16.
EXHIBIT A
a. 1540 7th Street, Coachella
• Coachella Library
a. Sixth Street, Coachella
• Provide patrols of the following locations weekly Thursdays-Sundays, 365 days a year, between the hours of 1800 hours – 0400 hours:
• LLMD areas: 16, 17, 20, 25, 29, 30, 31, 32, 33, 36
a. Maps are attached as Appendix B.
• Provide security guard only (non patrol services) for the following city facilities to ensure no loitering in or around city facilities.
• Senior Center
• City Library
• Vendor/Contractor shall develop a set of Post Orders documenting both general procedures as well as site-specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City’s representative within thirty (30) days from commencement of services to the City.
• Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols. During each patrol, guards will check all exterior doors/facility structure and assure they are locked and have not been tampered with. • Park sites shall be completed first each night to allow locking and securing of all park restrooms every evening as close to 10pm as possible. • Confirmation that the assigned patrols were performed using barcode scanning checkpoints/GPS.
• Provide each security officer with specialized training relating to the security requirements of this account.
• The vendor must ensure the stability of its workforce. • Submit personnel qualification summaries on all personnel proposed to be assigned to the City account. The personnel qualification summaries shall outline (in detail) the training and experience qualifications of each security officer (and account manager) proposed for use under the contract. Resumes must be for key personnel / positions only. For security officers, include all training that they are required to have for the company (including State of California private security officer license).
Item 16.
EXHIBIT A
• Ensure that security personnel remain awake and alert at all times. The vendor shall take appropriate disciplinary action in the event a security officer is found asleep (or appears to be asleep) while on duty.
2.9 Ensure that security personnel document any security incidents on incident report forms and provide electronic copies to the City. These forms should be used to document any damages noted including graffiti at any of the City facilities. Submit reports with appropriate documentation of all situations which are considered security breaches, incidents, and/or system failures.
3.0 Maintain security records for access logs, incident reports (along with police reports) for a minimum of three (3) years after the end of the calendar year. Daily logs shall be held for a minimum of one (1) year after the end of the calendar year.
The Account Manager must develop and implement a paperwork management program.
3. Rate Increases:
Prior to each contract anniversary date thereafter, the Vendor may submit a price increase request, but in no case more frequently than once per year.
The Vendor is to demonstrate:
Increases are within the changes to the CPI Index for Riverside County; Clearly identify the items and/or job titles impacted by the increase; Provide documentation acceptable to the City to warrant the increase; And agree that contract prices shall remain firm for a minimum of 365 days after affecting the requested increase.
The request shall be considered and may be accepted or rejected. Failure to submit a price request at least 45-days prior to the contract anniversary date, shall result in a continuation of all existing pricing on the contract until the next contract anniversary date. The decision to accept any price increase will be at the sole discretion of the City.
4. On-Call Security Service: When the City requests service, there is an expectation that service will be provided, and in a very short time depending on the amount of coverage.
13.1 “On-call” services may consist of, but not be limited to, the following:
--- Fire watches
--- After hours meetings
--- Substation watches.
--- Special security watch due to threats.
--- Natural disasters.
--- Civil disturbances.
--- Event staff.
Item 16.
EXHIBIT A
--- Political events.
--- Protests.
--- Vehicle patrols.
--- Foot patrols.
--- Traffic Control Services.
--- General (standard service).
Item 16.
EXHIBIT B
EXHIBIT “B”
SCHEDULE OF SERVICES
• Provide two-three patrols of the following locations seven days a week, 365 days a year, between the hours of 10pm – 6am:
• Bagdouma Park (six bathroom facilities)
a. 84599 Avenue 52, Coachella.
• Dateland Park (one bathroom facility)
a. 51805 Shady Lane, Coachella
• Veterans Park (one bathroom facility)
a. 1515 6th Street, Coachella
• Sierra Vista Park (one bathroom facility)
a. 50570 Calle Mendoza, Coachella
• Rancho De Oro Park (one bathroom facility)
a. 84600 Avenue 50, Coachella
• Rancho Las Flores Park (one bathroom facility)
a. 48-400 Van Buren Street, Coachella
• City Hall
a. 1515 Sixth Street, Coachella
• Corporate Yard
a. 53462 Enterprise Way, Coachella
• Coachella Permit Center
a. 53990 Enterprise Way, Coachella
• Senior Center
a. 1540 7th Street, Coachella
• Coachella Library
a. 1500 Sixth Street, Coachella
• Cesar Chavez & 6th Street Park
a. Cesar Chavez & Sixth Street
• Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols.
During each patrol, guards will check all exterior doors/facility structure and assure they are locked and have not been tampered with.
• Park sites shall be completed first each night to allow locking and securing of all park restrooms every evening as close to 10pm as possible.
• Provide patrols of the following locations weekly Thursdays-Sundays, 365 days a year, between the hours of 1800 hours – 0400 hours:
• LLMD areas: 16, 17, 20, 25, 29, 30, 31, 32, 33, 36
• Provide security guard only (no vehicle patrol) for the following city facilities to ensure no loitering in or around city facilities.
• Senior Center
• City Library
Item 16.
EXHIBIT C
EXHIBIT “C”
COMPENSATION
Facility Patrol Services (no vehicle); Library, Senior Center Security Guard Services Hourly Rate: $24.90
Annual Not to Exceed Amount: $110,000.00
Park and LLMD Patrol Services (with vehicle)
Security Guard Services Hourly Rate: $29.68
Annual Not to Exceed Amount: $175,000.00
Total Agreement Award Not to Exceed $285,000.00
Item 16.
STAFF REPORT
1/25/2023
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Authorize the City Manager to execute Professional Services Agreement with RRM Design Group for Professional Planning Consultant Services for preparation of City of Coachella pre-approved accessory dwelling unit (ADU) plans.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to execute the attached Professional Services Agreement with RRM Design Group for the Pre-Approved ADU Plan Project “Coachella ADU Project.”
BACKGROUND:
The City received grant awards from California HCD’s Local Early Action Planning (LEAP) and SB2 Grant programs, which included City a program to prepare Accessory Dwelling Unit (ADU) pre-approved plans by an architectural firm that would allow the public to utilize the pre-approved plans in order to save costs associated with construction design expenses. The Coachella ADU project is one of several projects funded by the grants that also include the 6th Cycle Housing Element Update, CEQA processing and rezoning for 5th Cycle RHNA requirements, an electronic permitting system, and electronic permit software.
DISCUSSION/ANALYSIS:
Attached to this staff report is a Professional Services Agreements for RRM Design Group (“Consultant”) to assist with the Coachella ADU Project in the amount of $109,650. The Consultant would prepare six (6) ADU protypes, which would include:
Two (2) 400-500 square foot, Studio detached ADUs
Two (2) 700-850 square foot, One-bedroom, one bathroom detached ADUs Two (2) 1,000-1,200 square foot, two-bedroom, two-bathroom detached ADUs Two elevation styles will be prepared for each protype according to the City’s architectural vernaculars. Staff believes the Consultant is the best qualified for this effort based such factors as the quality of the experience, deliverables and timeline identified in their proposal.
Item 17.
ALTERNATIVES:
1. Authorize the City Manager to execute a Professional Services Agreement with RRM Design Group for the Pre-Approved ADU Plan Project.
2. Continue this item and provide staff direction.
FISCAL IMPACT:
The fiscal impact of the Coachella ADU Project would be $109,650 from existing grant funding sources (SB 2 Grant and LEAP Grant). Staff believes the expense of the Coachella ADU Project is essential to remove barriers to development of affordable housing, diversify housing options, and provide additional sources of income for local property owners.
RECOMMENDED ALTERNATIVE(S):
Staff recommends Alternative #1 as noted above.
Attachment:
1. Draft Professional Services Agreement (PSA) with RRM Design Group
2. Pre-Approved ADU Plan proposal – RRM Design Group
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DRAFT
CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
FOR PROFESSIONAL
DESIGN SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 1
st day of February 2023, 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 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and RRM Design Group California Corporation with its principal place of business at 32332 Camino Capistrano, Suite 205, San Juan Capistrano, CA 92675 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Architectural and Construction Design services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Coachella ADU Project ("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 Architectural consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, stateand federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from February 1, 2023 to August 1, 2023 unless earlier terminated as provided herein.
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Compensation.
3.2.1 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 maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation for all Task Orders issued hereunder shall not exceed $one hundred nine thousand six hundred fifty dollars ($[109,650]) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in thisAgreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of thisAgreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding,
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unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
Randy Russom, Project Manager
Jami Williams, Consulting Planning Principal
Scott Martin, Principal-In-Charge
3.3.5 City's Representative. The City hereby designates Gabriel Perez, Development Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates, Scott Martin, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling
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necessary to perform the Services. Consultant warrants that all employees and subconsultants
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shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes andother organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
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3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act(33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and
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regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has securedall insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
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3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of theAgreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its
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officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
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3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
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3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: RRM Design Group
32332 Camino Capistrano, Ste 205
San Juan Capistrano, CA 92675
ATTN: Scott Martin
City: City of Coachella
1515 6thStreet
Coachella, CA 92236
ATTN: Gabriel Perez
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the
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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,
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in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of thisAgreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except
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as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration ortermination.
3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:
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EXHIBIT "A"
SCOPE OF SERVICES
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Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
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COMPENSATION
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tracts 2342 & 2353 - site plan
prado road
MarGarita aVenue
Basin
tract 2342
tract 2353
calle MalVa
These drawings are property of RRM Design Group not to be used or reproduced without written permission of RRM Design Group. july 11, 2011
tracts 2342 & 2353 - site plan
prado road
Basin
Site Plan
CREATING
ENVIRONMENTS
PEOPLE
ENJOY®
SITE PHOTO
Serra Meadows, San Luis Obispo
CREATING
ENVIRONMENTS
PEOPLE
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SITE PHOTO
Myrtle Street Residence
October 24, 2022 | Proposal for the
CITY OF COACHELLA
DESIGN SERVICES FOR
PRE-APPROVED ADU PLANS
Attachment 2
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GRAPHICS & PHOTOGRAPHS:
This document features images of RRM Design Group and its subconsultant partners’ projects, the graphics and photos of which are owned and copyrighted by our respective firms. There are no stock photos or images of any kind used in this proposal.
ABOUT RRM DESIGN GROUP:
32332 Camino Capistrano, Ste. 205 • San Juan Capistrano, CA 92675 p: (949) 361-7950 • f: (949) 361-7955 • w: rrmdesign.com California corporation • Leonard Grant, Architect C26973 • Robert Camacho, PE 76597 • Steven Webster, LS 7561 • Jeff Ferber, PLA 2844 The written and graphic materials contained in this proposal are the exclusive property of RRM Design Group.
The unauthorized use of any portion of these text or graphic materials without RRM’s prior written consent is expressly prohibited. © 2022 RRM Design Group
TABLE OF CONTENTS
Section Name
1 Cover Letter
2 Proposer Statement of Proposals
3 Proposed Method to Accomplish the Work
4 Certification of Proposal
5 Cost Proposal
6 Schedule
7 Exceptions To Sample Agreement
Page
1 5
29 39
43 47
51 Proposal FOR CITY OF COACHELLA
DESIGN SERVICES FOR PRE-APPROVED ADU PLANS
Item 17.
RRM PROJECT
Myrtle Street Residence
(Accessory Dwelling Unit Addition)
Arroyo Grande, California
Item 17.
SECTION 1 | Cover Letter | Proposal FOR Design Services for Pre-Approved ADU Plans 1 Section
1 C
o
ver Letter
Proposal for Design Services for Pre-Approved ADU Plans
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SECTION 1 | Cover Letter | Proposal FOR Design Services for Pre-Approved ADU Plans 3 RE: CITY OF COACHELLA Design Services for Pre-Approved ADU Plans Dear Mr. Perez,
The City of Coachella intends to encourage pre-approved Accessory Dwelling Unit (ADU) production to meet local housing needs. This coincides with navigating an evolving landscape of housing policy, such as the Housing Accountability Act, Senate Bill 35 Streamlining, the Housing Crisis Act (Senate Bill 330), and Assembly Bill 2162. The City recognizes that ADUs represent a substantial opportunity to realize its goals by providing diverse housing options to meet the needs of smaller households, young adults, seniors, persons with special needs, extended families, and lowerincome households. The City will be using local City funds to support the development of ADUs as a means to provide greater, more streamlined access to the opportunities ADUs can provide for your community. To that end, RRM is submitting a proposal for all sections of the scope within your RFP for pre-approved ADU plans.
THE PROJECT TYPE AND THE COMMUNITY:
For over 45 years, as a multidisciplinary design firm, RRM’s architects, planners, urban designers, landscape architects, civil and structural engineers, and surveyors have worked extensively with public and private sector housing clients. We know what is feasible and understand the realities that can stymie housing production. Our experience on both sides of the counter gives us unique insight into potential barriers to adopting and successfully executing ADU construction documents that yield quality implementable housing. Leveraging our production housing experience, we generate cost-effective solutions while responding to the end-users desire for customization opportunities.
RRM has planned and designed hundreds of affordable, ADU, multifamily, and mixed-use housing units in California. This unique combination allows us to create a permit-ready ADU program package that fits your community and has been truth-tested by architects and entitlement experts.
LISTENING AND LOVE OF COLLABORATING:
RRM listens and responds collaboratively, employing various professionals’ skills and experience on each job with the assignment’s demands. We are devoted to community-based planning that engages the public meaningfully and produces a vision that will be embraced. RRM is a team of skilled professionals and creative thinkers who plan and design for implementation and do it with impeccable attention to detail—on time, on budget, and sensitive to political and social issues.
PASSIONATE:
ADU prototypes, affordable housing, multifamily and mixed-use development, the development review process, and collaboration with City staff are the jobs that keep us inspired and excited.
RRM enjoys helping craft permit-ready ADU program packages. We understand and are fulfilled by efforts to curb the housing crisis and maintain a community’s integrity and character.
We appreciate the opportunity to help you achieve your goals. If you need more information or definition, please feel free to call me at any time at (805) 903-1227. At RRM, this job matters! We are eager to solve your challenges and ask for your confidence by awarding us this project.
Best Regards,
RRM Design Group
Randy Russom, AIA Scott Martin, AIA, LEED AP, CNU-A
Project Manager Principal-in-Charge
[email protected] [email protected]
October 21, 2022
Gabriel Perez
Development Services Dept
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
CREATING
ENVIRONMENTS
PEOPLE
ENJOY®
www.rrmdesign.com
32332 Camino
Capistrano, Ste. 205
San Juan Capistrano, CA
92675
p: (949) 361-7950
f: (949) 361-7955
Item 17.
RRM PROJECT
Dublin Objective Design Standards
Dublin, California
CITY OF DUBLIN ADU PROGRAM
STAND-ALONE TWO BEDROOM - 973 S.F.
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Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 5 Section
2 Proposer Statement of Proposals
Proposal for Design Services for Pre-Approved ADU Plans
Item 17.
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 7
EXECUTIVE SUMMARY
RRM Design Group is pleased to present this proposal in response to the City of Coachella’s issued Request for Proposals (RFP), for ADU Building Plans. The proposal illustrates our firm’s qualifications, key staff, relevant work experience, approach to the scope of services, and a project timeline for each significant task based on our knowledge of the project context and experience with similar projects. This proposal is intended to cover all sections of the RFP proposed scope.
EXPERIENCED PROJECT TEAM
RRM brings a team of professionals with unmatched experience in prototype ADU development throughout California. We have residential design professionals across multiple disciplines and across six offices from San Diego to the Bay Area. We understand design for Southern California and have the experience to meet the City of San Marco’s needs. Meet our ADU-focused team and review their resumes on pages 19-24.
COMPREHENSIVE SERVICES
RRM is proposing to provide complete and comprehensive design and permit plan development services for four prototype ADUs including reverse plans, and three alternate elevation styles which address the City of Coachella’s prevailing architectural vernacular. RRM provides complete in-house service, including architecture, structural engineering, civil engineering, planning, and landscape architecture. The multidisciplinary team is the most effective way to deliver user-friendly and easily implementable designs efficiently.
PROJECT EXPERIENCE
RRM provides pre-approved ADU designs for jurisdictions all over the state, addressing multiple unique project goals, from 150 sf efficiency units to pre-approved multifamily plans. Over the years of working with our clients, we have demonstrated a level of responsiveness and availability that goes above and beyond.
Our references can speak to this, and we encourage you to contact them about our performance. Our clients are some of our best advocates; a sampling of a few references is provided on page 26.
ATTENTION TO DETAIL
RRM has 180 professionals and over 45 years of experience delivering award-winning projects. Decades of project development have come with successfully implemented processes designed to deliver complete and accurate projects on time and on budget. Further discussion of our quality control process can be found on page 38.
COLLABORATIVE APPROACH
RRM has developed a successful delivery approach that has been used with jurisdictions across the state to provide pre-approved ADU designs and informational materials. We have decades of experience working statewide in the service of cities and counties to engage citizens, staff, and other stakeholders to develop responses to design problems tailored to individual communities. Our approach and project understanding is further detailed on pages 30-31.
Next Up:
Qualifications & Experience
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 8 HOW RRM’S EXPERIENCE, TECHNICAL &
PROFESSIONAL SKILLS MEET CITY’S GOALS
RRM worked with the following public agencies in developing ADU plans:
• City of Agoura Hills
• City of Concord
• City of Dublin
• County of Mono
• City of Newport Beach
• City of Porterville
• County of San Luis Obispo
• City of San Ramon
• County of Santa Cruz
• City of Stanford
• City of Walnut Creek
Along with the agencies listed above, RRM has worked with over 20 private clients on developing ADU plans for their residences.
The following link will direct you to RRM’s ADU project experience examples (Construction Document Sets, Design Manuals, and Schematic Designs): https://tinyurl.com/yc2kyfsu RRM proposes to work with the City to develop a series of pre-approved prescriptive ADUs and provide for homeowners to streamline the processing of utilizing those plans for their unique and individual needs.
RRM will work with City staff to refine the program and scope for the proposed ADUs to provide the best fit for the City of Coachella. Discussions with staff and previous project experience suggest alternate or additional configurations that may better serve the community. RRM’s scope of services beginning on page 32 provides for possible alternatives which will be evaluated during the initial tasks of the project. RRM’s community-based design will help assure that these plans have elevation options that allow for personal taste and are appropriate to the community’s architectural vernacular.
RRM achieves a high project efficiency and coordination level due to the multidisciplinary service structure.
We provide implementable solutions due to a single-line in-house responsibility that allows the project manager to coordinate most of the components of a project directly. While most of the primary scope will be provided in-house by RRM Architecture, Planning, and Structural Engineering, there will be times when outside consultants and City coordination will be required. RRM may need to coordinate and meet with City staff, various departments, and interest groups in addition to those specifically outlined in our scope.
Next Up:
Experience Case Studies
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 9
MYRTLE STREET
RESIDENCE
(ACCESSORY DWELLING
UNIT ADDITION)
ARROYO GRANDE, CA
S Mult
CITYWIDE
Design Guidelines and Objective
Design Standards, Yucaipa, CA
LLING UNITS
KITCHEN
BATH
FLEX
ROOM
NING
R
FRONT
YARD
E 1 7
Plan 1 - Floor Plan
ENT.
40.00'
1 DINING
LIVING
PORCH
PWDR.
STORAGE
CL.
P: (805) 543-1794 | F: (805) 543-4609 | www.rrmdesign.com 3765 South Higuera St., Ste. 102, San Luis Obispo, CA 93401 A California Corporation | Victor Montgomery, Architect #C11090 | Jerry Michael, PE #36895, LS #6276 | Jeff Ferber, LA #2844 1011010 - MARGARITA
SINGLE FAMILY HOME
ALLEY LOADED 40'X100' MIN.
LOT AREA: 5,000 SF
LOT COVERAGE: 29%
RESIDENCE: 1,565 SF
FIRST FLOOR: 1,065 SF
SECOND FLOOR: 500 SF
GARAGE: 462 SF
TOTAL: 2,340 SF
F
CARRIAGE UNIT: 462 SF
FIRST FLOOR
MARTIN
RESIDENCE
(ACCESSORY DWELLING
UNIT ADDITION)
ATASCADERO, CA
This one bedroom, 499 sf unit is a second story, over
garage ADU in a barn style to respond to the village
historic district design guidelines and complement
the 140 year old historic stone house on the site. The
ADU has a separate exterior entry with separately
controlled water, heat, and electrical. The unit
features a full efficiency kitchen, large living area, a ¾ bath, as well as two decks - one on the street and a
covered deck to the rear of the unit.
Constructed as a true mother-in-law unit, Scott
designed the addition to his house to function
for a senior with Multiple Sclerosis. Keeping in
mind aging, place, and privacy, the plan created
separate living and sleeping spaces, while
common dining and gathering space anchors the
heart of the home.
RRM Design Group's own Scott Martin
(Principal-in-Charge) and Randy Russom
(Project Architect) live in homes with
accessory dwelling units that they
designed themselves.
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 10
PORTERVILLE
ACCESSORY & MULTIFAMILY
DWELLING UNIT PLANS
PORTERVILLE, CA
NOTABLE INFO AND STATS:
Client: City of Porterville
Timeline: 2021-Present
RRM SERVICES PROVIDED:
Architecture, Planning,
Structural Engineering
The County of Porterville retained RRM for
the purpose of developing designs and plans for
three Accessory Dwelling Units (ADUs) and
eight multifamily prototype buildings. The ADUs
ranged in size from studio to one-bedroom,
allowing different lot configurations and places
based on homeowners' needs. In addition, the
multifamily building prototypes are refined to
maximize the number of building typologies
that can serve the changing population while
maintaining the community character at the core
of the work effort.
ISSUE DATE: 07/08/2021 A 2 PORTERVILLE ADU PROTOTYPES
SCHEMATIC PLANS - DETACHED ADUS
24' - 0"
8' - 0" 8' - 0" 8' - 0"
20' - 0"
BED
9-7x10-0
CL 5-6' LONG
BATH
8-6x6-8 KITCHEN/DINING 14-0x9-5
LIVING
POSSIBLE ISLAND
FOR MORE STORAGE
AND SEATING
IF ADJACENT TO
EXISTING HOUSE, NO
WINDOW (1-HR WALL)
CL
OPT PORCH
P
OPT SLIDER OR
WINDOW
OPT WALL &
DOOR TO
CREATE 1-BED
OPT PORCH
24' - 0"
14' - 9" 9' - 3"
4' - 6" 10' - 1" 2' - 10" 7' - 1"
OPTIONAL
COLUMN
1778-01-UR19 - PROTOTYPE ADU A1 SCHEMATIC PLAN-ONE-BEDROOM SQUARE 05/14/2021
+/- 450 SF
PROPOSED IN SCOPE: 450 SF
SHOWN: 526 SF
STUDIO: 526 SF
PORTERVILLE ADU PROTOTYPES
SCHEMATIC PLANS - DETACHED ADUS
STYLE A: SPANISH COLONIAL REVIVAL
STYLE C: AGRARIAN STY
B 4 PORTERVILLE MULTI-FAMILY PROTOTYPES
SCHEMATIC PLANS - MULTI-FAMILY UNIT PLANS ISSUE DATE: 07/27/2021 KITCHEN/DINING 15-2x13-8
POWDER 5-0x5-0
LIVING
15-2x13-9
STORAGE
CL
PANTRY
PARTY WALL
ALT. PARTY WALL
& WINDOW
ALT. PARTY WALL
& WINDOW
ALT. PARTY
WALL
& WINDOW
BATH
8-5x5-0
W.I.C.
L
20' - 0"
BEDROOM 1 12-9x11-4
BATH
8-4x8-3
HALL
CL.
BEDROOM 2 11-3x10-4
30' - 0"
LIVING
15-2x13-9
STORAGE
CL
0243-15 - PORTERVILLE TOWNHOMES A4 INTERIOR UNIT
06/25/2021
3/16" = 1'-0" 2 LEVEL 1 - FLOOR PLAN3/16" = 1'-0" 3 LEVEL 2 - FLOOR PLAN AREAS
Comments Area
SECOND FLOOR 557 SF
GROUND FLOOR 600 SF
Grand total: 2 1157 SF
3/16" = 1'-0" 1 LEVEL 1 - ALT ENTRY
UNIT D - 2-BEDROOM - 1,155 SF
GROUND FLOOR: 555 SF
SECOND FLOOR: 600 SF
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 11
SAN RAMON
PRE-APPROVED ADU PROGRAM
SAN RAMON, CA
NOTABLE INFO AND STATS:
Client: City of San Ramon
Timeline: 2021-Present
RRM SERVICES PROVIDED:
Architecture, Planning,
Landscape Architecture,
Structural Engineering
The County of San Ramon hired RRM to develop
floor plans and elevation designs and Prototype
Construction Documents for three one-bedroom
Accessory Dwelling Units (ADUs). The ADUs range
in size from 560-728 square feet, providing a range
of efficiency and unique footprints. The goals of
the design process included maintaining County
character in elevation design, increasing density and
available one-bedroom rentals, and creating costconscious designs for the homeowner that are both comfortable and functional.
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 12 DUBLIN
OBJECTIVE DESIGN
STANDARDS AND
ADU PROTOTYPES
DUBLIN, CA
NOTABLE INFO AND STATS:
Client: County of Dublin
Timeline: 2019-Present
RRM SERVICES PROVIDED:
Architecture, Planning,
Landscape Architecture,
Structural Engineering
The County of Dublin hired RRM Design Group to develop clearly defined objective design standards endorsed by the community and decision-makers that can be applied to multifamily and mixeduse residential projects. The intent of the project is to ensure that new residential development is compatible with the surrounding neighborhoods, that quality materials are used, that building form and scale are appropriate to the site, and that development complies with the intent of SB35 laws to facilitate and expedite construction of housing.
The final product will include clearly written standards with easy-touse graphics. Given the lack of large sites for new housing projects, the County is promoting the development of Accessory Dwelling Units (ADUs). To assist in this effort, RRM is developing prototype plans including elevations,
floor plans for garage
conversion, and
building permit plans
for ADUs that will
save property owners
money, expedite the
permit process, and
help ensure welldesigned ADUs are
built. CITY OF DUBLIN ADU PROGRAM
STAND-ALONE TWO BEDROOM - 973 S.F.
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024 8
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 13
WEST CREEK
RESIDENTIAL SUBDIVISION
(INCLUDED MULTI-FAMILY AND
ACCESSORY DWELLING UNITS)
SAN LUIS OBISPO, CA
NOTABLE INFO AND STATS:
Client: Robins|Reed
Timeline: 2014-Present
RRM SERVICES PROVIDED:
Architecture, Planning,
Landscape Architecture,
Structural Engineering
West Creek is a residential subdivision covering
18.29 acres in the County of San Luis Obispo that
provides 172 residential units in multifamily and
single-family homes with Accessory Dwelling Units.
The 105 multifamily units include 35 studio units, 63
two-bedroom units, and 7 one-bedroom units with a
density of 27.5 units per acre. The 67 single-family units are 3 bed/2 ½ bath homes with attached garages and
include 44 “parkway” units with a density of 8.54 units per acre. The project encompasses two large parcels
that were combined into a single project resulting in
a more complete design solution which allows the
project to meet the unit count targeted in the Orcutt
Area Specific Plan while providing additional open
space and community amenities.
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 14 The County of Santa Cruz retained RRM to prepare
ADU Plans for three sizes of ADU Building Plans
that will be “pre-plan checked” and approved by
the County for use by members of the public who
are interested in constructing an ADU on property
located within the unincorporated County of Santa
Cruz area.
RRM services include meetings with County
staff, meetings with members of the public and
stakeholders, definition of the ADU types and
alternate design styles created, and production of
the ADU plans for plan-checking and for making
available on the County’s website for use by the
public.
SANTA CRUZ COUNTY
ADU PRE-APPROVED BUILDING
PLAN OPTIONS
SANTA CRUZ COUNTY, CA
NOTABLE INFO AND STATS:
Client: County of Santa Cruz
Dates: 2021-Present
RRM SERVICES PROVIDED:
Architecture, Planning,
Structural Engineering
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 15
NEWPORT BEACH
PERMIT-READY ADU PLANS &
PUBLIC OUTREACH IMPROVEMENT
NEWPORT BEACH, CA
NOTABLE INFO AND STATS:
Client: City of Newport Beach
Timeline: 2022-Present
RRM SERVICES PROVIDED:
Architecture, Planning,
Structural Engineering
RRM Design Group was retained to prepare complete
building plans for ADUs. The City of Newport Beach
intends to purchase the completed building plans and
make them available to the public, free of charge, as
an incentive to promote the construction of ADU
housing that is more affordable, by design, due to
the size of the units and preparation of pre-approved
building plans. RRM is also preparing and helping to
launch a public outreach campaign to inform property
owners and the development community of the
benefits of ADUs, promote City incentives, such as
permit fee waiver program and permit-ready plans,
and streamline the development process. W/D DW
1.1 1.1
1.2 1.2 4' - 9"
1.A
1.A
1.B
1.B
16' - 0"
6' - 5 1/2" 9' - 6 1/2"
28' - 0"
6' - 6" 9' - 0"
5 A1-301
1 A1-301
CAL RANCH CONTEMP
FARMHOUSE
COASTAL
COTTAGE
2 A1-301
6 A1-301
CAL RANCH CONTEMP
FARMHOUSE
COASTAL
COTTAGE
CALIFORNIA
RANCH
CONTEMP
FARMHOUSE
COASTAL
COTTAGE
CAL RANCH CONTEMP FARMHOUSE COASTAL COTTAGE
01 02
03 04
05 02
01 03
04 05
LIVING
STUDIO
LAUNDRY
BATH
W.I.C.
1 A1-201
1 A1-203
1 A1-202
5' - 10" 10' - 2"
13' - 8" 8' - 6" 5' - 10"
7' - 9"
18' - 0" 10' - 0"
6' - 0"
B06
B10
B02
A01 A05
B02
A06
B18
B47
B38
B41
B41
4 A1-201
4 A1-202
4 A1-203
2 A1-201
2 A1-202
2 A1-203
3 A1-201
3 A1-203
3 A1-202
3 A1-301
4 A1-301
1.1 1.1
1.A
1.A
1.B
1.B
06 16' - 0"
6' - 6" 9' - 6"
C:\Users\mclelland\OneDrive - RRM Design Group\Documents\2516-01-CU21_Newport Beach ADUs_2020_CENTRAL_mclellandYC8WB.rvt9/30/2022 5:57:23 PM A1-201A1-101 1/4" = 1'-0"
1 PLAN 1 - GROUND FLOOR PLAN (NO PORCH)
A1-201A1-101 1/4" = 1'-0"
2 PLAN 1 - OPT. SLIDER A1-201 A1-101 SCAL
3 PL
CALIF
COAS
CON
FA
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 16
CONCORD
ADUs STANDARD
DRAWINGS DEVELOPMENT
CONCORD, CA
NOTABLE INFO AND STATS:
Client: City of Concord
Timeline: 2021-Present
RRM SERVICES PROVIDED:
Architecture, Planning,
Structural Engineering
RRM Design Group was retained to provide
construction drawing sets for detached ADUs for
the City of Concord. The City recognized that ADUs
represent a substantial opportunity to realize its
goals as outlined in its Housing Element by providing
diverse housing options to meet the needs of smaller
households, young adults, seniors, persons with
special needs, extended families, and households
with lower incomes. RRM prepared a collection of
architectural and building permit-ready plan sets,
including structural calculations, for detached ADUs
of varying unit types, architectural designs, and sizes.
AD-6 2ND PLANNING REVIEW DATE: 12/09/21
CONCORD ADU PROTOTYPES 2208-01-CU21
TYPICAL DETAILS - ENTRY OPT. W/ NO COVERED PORCH
*FINAL COLOR SELECTION WILL BE DETERMINED BY EXISTING PRIMARY RESIDENCE COLOR SCHEME, AND MAY VARY FROM THE COLORS SHOWN. THE PROPERTY OWNER MUST PICK THE STYLE MOST SUITED TOWARDS THE STYLE OF THEIR EISTING HOME. MATERIAL SELECTION IS LIMITED TO THE SPECIFIC MATERIAL TYPES CALLED OUT IN CONSTRUCTION DOCUMENTS, IN ORDER TO COMPLY WITH WUI AND BUILDING CODE REQUIREMENTS. double-framed wall bumpout
double-framed wall bumpout
brick veneer wainscot
shake style fiber cement panels
concrete stoop
concrete stoop
sconce exterior fixture
sconce exterior fixture
hardie fiber cement trim
wood-look fiber cement trim
6x outlooker
4x4 shaped wood brace
6” hardie fiber cement siding
8” hardie fiber cement siding
double-framed wall bumpout
w/ plaster stucco exterior finish
concrete stoop
4x4 wood brace
sconce exterior fixture
hardie fiber cement fascia
spanish clay roof tiles
2x4 wood trellis members
wrought iron gable detail
double-framed wall bumpout
w/ hardie fiber cement siding
concrete stoop
Next Up:
Firm Profile & Key Staff
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 17
CREATING
ENVIRONMENTS
PEOPLE
ENJOY®
CHULA VISTA
310 3rd Avenue
Unit C-26 A
Chula Vista, CA 91910
SAN LUIS OBISPO (HQ)
3765 South Higuera St., Ste. 102
San Luis Obispo, CA 93401
p: (805) 543-1794
f: (805) 543-4609
SAN JUAN CAPISTRANO
32332 Camino Capistrano,
Ste. 205
San Juan Capistrano, CA 92675
p: (949) 361-7950
f: (949) 361-7955
SAN LEANDRO
325 Davis St.
San Leandro, CA 94577
p: (510) 751-4910
f: (510) 686-8831
SANTA BARBARA
10 East Figueroa St., Ste. 200
Santa Barbara, CA 93101
p: (805) 963-8283
f: (805) 963-8184
VENTURA
422 East Main St.
Ventura, CA 93001
p: (805) 652-2115
f: (805) 652-1532
WEBSITE
www.rrmdesign.com
RRM is a California corporation
and an employee-owned company,
incorporated November 26, 1974.
FIRM PROFILE | RRM Design Group
RRM exists because we love creating environments people enjoy. That is what got us into the business over 47 years ago, and it is why we continue to thrive today. Our architects and landscape architects, engineers, surveyors, and planners work with our clients and their communities to create the parks our children play in, the roads we drive down on our way to work, the neighborhoods we come home to, and the fire stations that keep our communities safe.
Our work culture emphasizes collaboration, frequent communication, and accessibility. We're a close partner with our clients, helping them understand and navigate through the project lifecycle. Whether your project is public or private, commercial or residential, we listen, we design, and we deliver. On time. On budget. Since 1974.
PERSONNEL BY DISCIPLINE
180 professionals on staff at RRM Design Group in 6 core disciplines:
35 California Licensed Architects
36 Architecture Designers
17 California Licensed Civil Engineers
3 California Licensed Structural Engineers
15 Engineering Designers
19 California Licensed Landscape Architects
11 Landscape Designers
13 Community & Urban Planners
1 Licensed Surveyor
3 Surveying Technicians
30 Administrative Support Staff
20 LEED® Accredited Professionals
3 Certified Planners (AICP)
4 Congress for New Urbanism Accredited Professionals
1 Bay-Friendly Qualified Professional
1 Envision Sustainable Professional
1 Certified Arborist
Randy Russom with serve as project manager for the project.
Contact information:
p: (805) 903-1227 | e: [email protected]
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 18
TEAM ORGANIZATIONAL CHART
As project manager, Randy's primary responsibility is delivering the project to you on time and on budget.
Working in cooperative partnership with City staff, RRM's project manager will serve as an extension of staff to successfully coordinate the design and create plans for the ADU process. He is responsible for coordinating with all technical design team members to harness the team's horsepower to successfully develop the full potential of the project work products. Randy's responsibilities include the following:
• Project Point of Contact
• Client Coordination and Reporting
• Contract Administration
• Schedule Development and Management
• Budget Supervision
• Quality Control and Assurance
• Resource Allocation
• Staff Forecasting
Randy has selected the following team of RRMers to join him in supporting City of Coachella's needs:
SCOTT MARTIN AIA, LEED AP, CNU-A
Principal-in-Charge
RANDY RUSSOM AIA
Project Manager + Director of Architecture
City of Coachella
RRM DESIGN GROUP
SUPPORT STAFF
Primary Point of Contact
ARCHITECTS
PLANNERS
URBAN DESIGNERS
LANDSCAPE ARCHITECTS
ENGINEERS
RRM Design Group has a
variety of in-house resources
who assist with special
projects when needed. A
selection of those professionals
we tap into most often for
design review assignments are
featured here.
CONNOR CHURCH
Connor is a residential architect who has 5 years under his belt and brings his passion for the built environment into creating spaces, small and large, that meet the needs of all stakeholders.
JESSICA MEADOWS SE, PE
Jessica has dedicated 11 years to sharing her passion for structural engineering, stressing what an important role structural engineers can provide on the project team.
ELIZABETH OCAMPO VIVERO
Elizabeth is a principal planner with 14 years of experience. She brings her knowledge of ADUs to the team and will coordinate and conduct usability testing for the Permit Ready Program.
JAMI WILLIAMS, CNU-A
Consulting Planning Principal + Design Standards Specialist
TIM CARSTAIRS CEA, HERS, GPR
Tim started Carstairs Energy in 2005 and was one of the first Title 24 companies to offer services online.
Subconsultant
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 19 SCOTT MARTIN | AIA, LEED AP, CNU-A
Principal + Residential Architect
Scott is a talented architect with a keen ability to be innovative and sensitive to clients’ needs. His project focus and experience are wide-ranging, from illustration, master planning, urban design, needs assessments, and design review to the production and construction of facilities. Scott is a LEED Accredited Professional with a high level of expertise in designing and implementing sustainable solutions. Scott’s unique relationship with both public and private clients gives him an understanding of the realities of development and community priorities.
He excels in working directly with owner and user groups to set project goals and priorities. With his strong technical skills, Scott blends cohesive design solutions to bring a project’s vision to reality.
CITY OF ARCADIA MULTIFAMILY DESIGN GUIDELINES Draft 13 April 2019
DESIGN GUIDELINES
9. Windows and Doors
a. Window and door types, materials, shapes,
proportions, and detailing should be
compatible with the architectural style of the
building and should have quality molding and
framing.
b. Floor plans should be designed to allow
proper placement and sizing of windows to
complement the chosen architectural style.
Windows should be placed with adequate
spacing between window/door trim and wall
edges/top plates.
c. Garage doors facing the street are highly
discouraged.
d. Where appropriate to the architectural style,
window detailing, such as sills, trim, shutter
and/or awnings, should be utilized.
e. Shutters should be proportionate in size to
the windows to create the appearance of
functionality.
f. Awnings or prominent architectural features
over building entrances should be utilized to
provide a defined building entry thatprovides
a sheltered area and orients residents and
visitors.
g. Where appropriate to the architectural style,
windows and doors should be inset from the
walls a minimum of two (2) inches to create
shadow detailing and visual appeal.
h. Replacement windows should be compatible
to the overall building in style and material.
i. Preferred window materials include:
• Wood
• Composite clad
• Colored vinyl
• Coated metal
j. Discouraged window materials include:
• Anodized aluminum
Window trims and sills improve overall building
design
Window articulation and detailingis achieved
through integrated sill, trim, and awning
Shutters should be proportionate in size
to windows and create the appearance of
functionality
Fremont Design Guidelines
Arcadia Design Guidelines Update
Relevant Projects
• Agoura Hills ADU Plans
• Arcadia Design Guidelines Update
• Brentwood Zoning Ordinance
Update
• Buellton Community Design
Guidelines
• Calabasas General Plan Update
• Carlsbad Village and Barrio
Master Plan
• Capitola Mall Design Peer Review
Services
• Cerritos Residential Design Manual
• Cupertino Residential/Mixed-Use
Design Standards
• Dublin Citywide Multifamily
Design Standards
• Mission Street Studios ADU
• Mono County ADU Design
• Murrieta Affordable Housing
Design Development
• Newport Beach Permit Ready
ADU Plan and Public Outreach
Improvement Services
• Porterville Accessory Dwelling Unit
and Multifamily Dwelling Unit Plans
• San Luis Obispo County PreApproved ADU Plans
• San Ramon Pre-Approved ADU
Program
• Walnut Creek ADU Acceleration
• West Creek Residential
Subdivision (Noveno)
CREATING
ENVIRONMENTS
PEOPLE
ENJOY
21 Years of Experience
Education
• Bachelor of Architecture, California
Polytechnic State University,
San Luis Obispo, CA
Licenses, Accreditations,
and Affiliations
• Architect, CA, C32348
• Architect, CO, 00405508
• Leadership in Energy and
Environmental Design Accredited
Professional (LEED AP)
• Congress for the New Urbanism
Accredited (CNU-A)
• American Institute of Architects
(AIA), San Luis Obispo Chapter,
Member
• San Luis Obispo Chamber of
Commerce Economic Development
Committee
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 20 JAMI WILLIAMS | CNU-A
Consulting Planning Principal + Design Standards Specialist Jami possesses the qualities necessary to produce creative, realistic and business-conscious design solutions that will guide future improvements of the City of Coachella. With over 25 years of experience as an urban designer and project manager, Jami’s unique perspective enables her to advance projects from the early community outreach and visioning stages to the development of urban design plans and policy documents that are creative yet realistic and implementation-focused. She is well-versed in smart growth, mixed-use and transit-oriented planning principles that maximize quality design, minimize costs, and build on community consensus. She excels in public outreach, identifying public concerns and preferences and translating them into cutting-edge workable designs and policy documents that can be easily understood by community members and implemented by her public agency clients. Further, her strong communication and organization skills consistently ensure she delivers projects on time and on budget, always focusing on client satisfaction.
Most Relevant Projects
• Agoura Hills Pre-Approved
Building Plans for ADUs
• Alhambra New Comprehensive
Zoning Code
• Brentwood Zoning Ordinance
Update
• Buena Park Housing Element
Update
• Carpinteria Downtown Design
Overlay Program
• Cerritos Housing Element Update
• Cupertino Residential/Mixed-Use
Design Standards
• Dublin Citywide Multifamily
Design Standards
• El Cajon Civic Center PreDevelopment Planning and Design • El Corazon Specific Plan
• El Monte Housing Element Update
• Encinitas SB 2 Planning Grant
(Objective Design Standards)
• La Puente Housing Element
Update
• Merced County Community Plans
(Franklin-Beachwood)
• Mission Avenue Housing Strategic
Plan
• Rosemead Housing Element
Update
• Santa Cruz County ADU PreApproved Building Plan Options • Torrance Housing Corridor
Districts Analysis
• Walnut Creek ADU Acceleration
CREATING
ENVIRONMENTS
PEOPLE
ENJOY
26 Years of Experience
Education
• Master of Business
Administration, Architecture
Management Track, California
Polytechnic State University,
San Luis Obispo, CA
• Bachelor of Architecture,
California Polytechnic State
University, San Luis Obispo, CA
• Semester Design Program,
Ecole Des Beaux Art
Americaines De Fontainebleau,
France
• Associate of Science, Cuyamaca
College, San Diego, CA
Licenses, Accreditations,
and Affiliations
• Congress for the New
Urbanism Accredited (CNU-A)
• American Planning Association
(APA), Member
• Urban Land Institute (ULI),
Associate Member
2-5 Last Modifi ed: October 7, 2013
North 40 Specific Plan
Land Use and Development Standards 2
85 17
C2 ST
NODDIN AVE
SOUTH A ST R2 ST
SOUTH A ST NORTH A ST NEIGHBORHOOD ST
LARK AVE LARK AVE
LOS GATOS BLVD LOS GATOS BLVD
EE
CAMI CAMIN CAMIN
BURTON RD
DISTRICT LEGEND
LARK
DISTRICT
TRANSITION
DISTRICT
NORTHERN
DISTRICT
DISTRICT
EDGE
OVERLAY
ZONE
PERIMETER
OVERLAY
ZONE
Figure 2-1 District Plan North 40 Specific Plan
N
CITY OF DUBLIN ADU PROGRAM
STAND-ALONE TWO BEDROOM - 973 S.F.
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024 8
Dublin Objective Design Standards
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 21 As an engineering major with an early love of creation and a family of artists, a career in architecture was inevitable for Randy. Now, with over three decades of experience as an architect, Randy is an expert in construction management, hospitality projects, and custom residential work. As the former planning commissioner for the City of Arroyo Grande and a current member of the Board of Directors for the San Luis Obispo Chapter of the American Institute of Architects, Randy brings a collaborative approach to his work, aiming to utilize all the creative intellect his team encompasses.
His work with RRM yields award-winning results that satisfy the needs of his clients, his team, and the community.
Relevant Projects
• Agoura Hills Pre-Approved
Building Plans for ADUs
• Concord Accessory Dwelling Units
Standard Drawings Development
• Dublin Citywide Multifamily
Design Standards
• Dublin Objective Design
Standards and ADU Prototypes
• Fixlini Street ADU,
San Luis Obispo
• Los Gatos Architectural
Consultant Services
• Madonna Road ADU,
San Luis Obispo
• Mission Cove Mixed-Use
Development with Affordable
Housing, Oceanside
• Mono County ADU Design
• Newport Beach Permit Ready
ADU Plan and Public Outreach
Improvement Services
• Porterville Accessory and
Multifamily Dwelling Unit Plans
• San Luis Obispo County PreApproved ADU Plans
• San Ramon Pre-Approved ADU
Program
• Santa Cruz County ADU Pre
Approved Building Plan Options
• Serra Meadows Housing
Development with ADUs,
San Luis Obispo
• Tyler Street Mixed-Use
Development, Monterey
• Walnut Creek ADU Acceleration
• West Creek Residential
Subdivision (Multifamily & ADUs)
CREATING
ENVIRONMENTS
PEOPLE
ENJOY
33 Years of Experience
Education
• Bachelor of Architecture, California
Polytechnic State University,
San Luis Obispo, CA
Licenses, Accreditations,
and Affiliations
• Architect , CA, C24410
• American Institute of Architects
(AIA)
• American Institue of Architects
Central Coast Chapter (AIACCC),
San Luis Obispo, President
• City of Arroyo Grande, Planning
Commissioner
• City of Arroyo Grande, Bridge
Street Replacement Committee
RANDALL RUSSOM | AIA, ASID
Project Manager + Director of Architecture Mission Cove Mixed -Use Development West Creek Residential Subdivision
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 22
ELIZABETH OCAMPO VIVERO
Principal Planner + ADU Specialist
Elizabeth is a passionate urban planner with experience in community planning, land use planning, project management, and urban design. Prior to joining RRM, Elizabeth worked as Director of Planning and Urban Design at MW Steele Group, a planning and architecture firm in San Diego, where she led the planning practice of the firm and managed a series of projects, including multi-family re-development projects, streetscape improvement projects, and specific plan amendments. Elizabeth’s experience includes seven years at the City of San Diego Planning Department, where she participated in multiple phases of the community plan update process for Old Town San Diego, Midway - Pacific Highway, and North Park. While at the City of San Diego, she also managed grant-funded planning efforts.
Her experience also includes supporting retail, educational, and healthcare projects and preparing subdivision plans for residential development while working for a structural engineering firm and a land development engineering firm in Mexico.
Relevant Projects
• Agoura Village Specific Plan
Implementation Analysis, Agoura
Hills
• Carlsbad Objective Design
Standards
• Carpinteria Downtown Design
Overlay Program
• Dana Point General Plan
Outreach
• Dixon Comprehensive Zoning
Update
• El Segundo Downtown Specific
Plan Update
• Escondido Public Art Master Plan
• Euclid Village Senior Housing -
WPH, Upland
• Goleta Objective Design
Standards for Multiple Dwelling
and Mixed-Use Developments
• Magnolia Villas Affordable
Housing - WPH, Upland
• Merced County Community Plans
(Franklin-Beachwood)
• San Carlos Downtown Specific
Plan
• San Diego Clairemont Community
Plan
• Walnut Creek ADU Acceleration
CREATING
ENVIRONMENTS
PEOPLE
ENJOY
14 Years of Experience
Education
• Master of City Planning, Master
of City Planning, San Diego State
University
• Bachelor of Science, Architecture,
Universidad Autónoma de Baja
California
of 6. draft march 20 2007
Planting Palette
Design Templates
STREETSCAPE IMPROVEMENTS
GUIDELINES
Agoura Road West of Kanan Road
Scale: 1”=20’-0”
20’ 10’ 0 20’
N
Key Map
* Notes:
1. All streetscape improvements have been provided as detailed concepts only. Actual streetscape design is pending final design of road geometry and building architecture plans.
2. See board 1 of this series for material and furnishings examples for items 1-12 above. 1 2
3 4
5 6
7 8
9 10
11 Flagstone pavers. Set stones on 4” thick concrete slab and mor- 12 tar in place.
Cut flagstone paver banding at tree grates & pedestrian lighting.
Exposed aggregate concrete. Color concrete integrally with Davis ’Sandstone‘ color #527. Select pea gravel material in warm, earthy tones, as shown.
Scored-colored concrete. Color concrete integrally with Davis ’Sandstone‘ color #527. Provide a 4’x4’ score pattern.
Natural sandstone boulders. Stones should reflect material native to the Santa Monica Mountains. Set boulders on 6” minimum gravel bed allowing 1/ of boulder height to remain below finish grade.
Planter pot. Wausau Tile - ‘Site lines’ planter pot. Model #SL400 with ‘Black Coffee’ patina finish #F1.
Tree grate. Neenah Foundry Company - ‘Boulevard’, 5’ Cast-iron round tree grate with removeable light cover & frame, Model #888-A. Natural Patina Finish.
18”x18“x6” cut sandstone bollard with natural, rough hewn finish. Stone should reflect material native to the Santa Monica Mountains. Core drill & secure Bollard to ground with 2” galvanized steel pipe and sleeve. Epoxy in place.
Pedestrian lighting. Sternberg Vintage Lighting - ‘Prarie’, Model #120 with square pole. Locate lights @ ~65’ O.C.
Bike rack. Du Mor Site Furnishings - ‘Loop Bike Rack’, Model #8- 00 with Bronze powder coat finish
Refuse receptacle. Du Mor Site Furnishings - ‘Redwood Receptacle’, Model #152-1R with natural finish on redwood slats and bronze powder coat finish on cast-iron rosettes.
Wood benches. Smith & Hawkin - 6’ ‘Giverny Bench’, Model #786442 with natural finish.
Poured-in-place or concrete masonry unit retaining wall with natural field stone veneer. All walls should include a concrete cap at least 15” wide and colored integrally with Davis ‘Sandstone’ color #527.
Natural wood trellis. Construct of certifiably sustainably harvested Redwood, Cedar, or Ipe wood.
Accent feature at center of traffic circle, see sheet 5 of this series for more information.
Construction of new streetscapes and adjacent developments should strive to protect-in-place existing Oak trees. All Oaks on site shall be considered but the specific trees represented above are of primary concern.
13 15
16 17
Agoura Road
Highway 101
Kanan Road
Plan Area
Agoura Road
Kanan Road
42 circulation
Chapter Five COMMUNITY PLAN BOUNDARY
COMMUNITY PLAN COMM BOUNDARY
COMMUNITY PLAN C BOUNDARY B
COMMUNITY PLAN UNIT Y BOUNDARY
Road Fresno Rd
Jefferson Street
Jackson Street Jackson
ham Road h
Polk Street Polk Stre t e
Truman Ave T
Kennedy St KennedyS
Adams Street
McKee Street McKee Street MK Str et
McDowell Street M Docwell Street
Washington Street Washingt St eet
Ford Street F d St t
Cook Street Cook Street C k St t
Santa Fe Avenue
e
Le Grand L
Bri ce Stre ce Street
Murdock Street Marsha l Street l St
Woodrow Street Woodrow Street
Ogle Avenue gle A venue Street Wilson all
Madison Street
Monroe Street
Fillmore CtTaft
Taylor
aft
y
Chapman
Grand Road
Hainline Avenue Hainline Avenue e Avenue
Santa Fe Aven nta Sa Fe Ave
Jefferson Street
Savana Road Savana Road ana Road
Railroad Avenue Railroad Avenue
Jefferson eJ Street
NTS
Jefferson Street
Cunningham Road
Jackson Street
Railroad Avenue Polk Street
Wilson Street
Truman Ave
Kennedy St
Adams Street
McKee Street
McDowell Street
Ford Street
Santa Fe Avenue
Le Grand Road
Santa Fe Avenue
Murdock Street
Marshall Street
Woodrow Street
Madison Street
Monroe Street
Fillmore Ct
Chapman
Washington Street
Brice Street Ogle Avenue Cook Street
Fresno Road
FIGURE 5.1 CIRCULATION PLAN
Major Collector
Minor Collector
Urban Local Road
Potential Urban Local Road
Potential Truck By-Pass Route
Potential Pedestrian Connection
Agoura Village Specific PlanMerced County Community Plans
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 23 As a young architect, Connor brings enthusiasm and creativity to the project team. With a passion for efficient and sensible design solutions, Connor enjoys working with his team to develop goals in order to realize your comprehensive project. At RRM, Connor has utilized his strengths on public and private projects ranging from one-off ADUs to large K-12 campus projects. Connor has significant experience working on ADU prototypes and other similar projects. With a strong team at his side, Connor has developed prototype plans of various styles and scales for community-focused subdivisions and city pre-approved ADU projects.
Relevant Projects
• 1138 Madonna Road ADU,
San Luis Obispo
• 13th Street Grover Beach SingleFamily Residential Subdivision • 16 Prairie Grass (Chen Residence
& ADU), Irvine
• 1728 Lima Drive Residential ADU,
San Luis Obispo
• 712 Anapamu Street Accessory
Dwelling Units, Santa Barbara
• 770 Buchon Street ADU,
San Luis Obispo
• Concord Accessory Dwelling Units
Standard Drawings Development
• Grand Oaks Micro Community,
Atascadero
• Mono County ADU Design
• Orcutt Key Site 30 Bradley
Village Single-Family Residential
Development
• Porterville Accessory Dwelling Unit
and Multifamily Dwelling Unit
Plans
• Rice Ranch Meadows North,
Grove West, and Grove East,
Orcutt
• San Luis Ranch Single-Family
Residential Subdivision,
San Luis Obispo
• San Ramon Pre-Approved ADU
Program
• Santa Cruz County ADU PreApproved Building Plan Options • Vintage Ranch SFR Subdivision
Schematic Design, Orcutt
CREATING
ENVIRONMENTS
PEOPLE
ENJOY
5 Years of Experience
Education
• Bachelor of Architecture, California
Polytechnic State University,
San Luis Obispo, CA
Licenses, Accreditations,
and Affiliations
• Architect, CA, 39684
MIRAVALE PARCEL D
SOLEDAD, CA
A-1 Title Sheet
A-2 Site Context Photos
A-3 Architectural Site Plan/
L-1 Landscape Plan C-1 Existing Conditions C-2 Proposed Subdivision C-3 Utilities C-4 Grading and Drainage
C-5 Storm Water Managem
A-4 Duplex Floor Plans
A-5 Duplex Elevations Style
A-6 Duplex Elevations Style
A-7 4-plex Ground Floor Pla
A-8 4-plex Second Floor Pla A-9 4-plex Elevations Style A-10 4-plex Elevations Style
A-11 Street Perspective
PROJECT INFORMATION PROJECT STATISTICS
SHEET INDEX
Property Owner:
Nader Agha
449 Alvarado
Monterey, California
93940
Architect / Engineer:
RRM Design Group
3765 S. Higuera
Suite 102
San Luis Obispo, Ca 93402
(808) 543-1794
Architect: Randall Russom
Civil: Tim Walters
Landscape Architect: Chris Dufour
Project Description:
Density:
Allowed: 16/acre (22/acre with CUP) = 79 (110 units)
Proposed: 19 units/acre = 92 units
t
Parking:
Required (per Municipal Code 17.36.20)
2 spaces per unit
025 guests spaces per unit
Lot Coverage (structures):
Allowed: 60% = (216,058 x 60%) = 129,635 SF
Proposed = 58,254 SF (26.9%)
Af
Th
in
La
Building Square Footage Breakdown:
Duplex:
3 bed 1,370 SF
(2 car garage 404 SF)
VICINITY MAP
SANTA YNEZ
LAS FLORES ST.
ORCHARD LN
SAN ANTONIO
GABILAN DR.
CONNOR CHURCH
Residential Architect
Soledad Miravale II Parcel D & E
Emerald Ridge Apartments
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 24 Jessica has spent the last decade dedicated to sharing her passion for structural engineering. Whether it be working with the design team on a residential project, mentoring young professionals, or teaching students at San Luis Obispo’s California Polytechnic State University, she is always sure to stress what an important role structural engineers can provide on the project team. Her experience has a wide variety: single-family, multifamily, mixed-used, new education campuses and buildings, modernizations, pre-check documents, seismic rehabilitation, and accessory structures.
Jessica has acted as a project manager to oversee the design process and construction of many successful projects.
Relevant Projects
• 1011 Joseph Court ADU, Nipomo
• 102 South Voluntario ADU,
Santa Barbara
• 1138 Madonna Road ADU, San
Luis Obispo
• 1728 Lima Drive Residential ADU,
San Luis Obispo
• 21712 Lane Street ADU, Perris
• 2418 Calle Real ADU
Construction Documents,
Santa Barbara
• 2995 Beachcomber Drive
Remodel and ADU, Morro Bay
• 5700 Portola Road ADU,
Atescadero
• 712 Anapamu Street ADU,
Santa Barbara
• Agoura Hills Pre-Approved
Building Plans for ADUs
• Centennial Square Affordable
Housing, Santa Maria
• Concord Accessory Dwelling Units
Standard Drawings Development
• Dublin Citywide Multifamily
Design Standards
• Mission Street Studios ADU,
Santa Barbara
• Mono County ADU Design
• Newport Beach Permit Ready
ADU Plan and Public Outreach
Improvement Services
• Porterville Accessory Dwelling Unit
and Multifamily Dwelling Unit
Plans
• San Luis Obispo County PreApproved ADU Plans
• San Ramon Pre-Approved ADU
Program
• Santa Cruz County ADU PreApproved Building Plan Options • Walnut Creek ADU Acceleration
CREATING
ENVIRONMENTS
PEOPLE
ENJOY
11 Years of Experience
Education
• Bachelor of Science,
Architectural Engineering,
California Polytechnic State
University, San Luis Obispo, CA
Licenses, Accreditations,
and Affiliations
• Structural Engineer, CA, S6488
• Professional Engineer, CA,
C81987
JESSICA MEADOWS | SE, PE
Structural Engineer
DW
6 A-2
6 A-2
5 A-2
5 A-2
EXISTING HOUSE
28' - 0" 3' - 6"
11' - 0 1/2" 19' - 0"
11' - 0" 17' - 0"
28' - 0"
16' - 0" 3' - 0"
9' - 0" 7' - 0"
19' - 0"
31' - 6"
BEDROOM
CL
BATH
LIVING
T.O.P. 1 PLASTER SIDING.COLOR TO
ASPHALT SHINGLE
ROOF TO MATCH
EXISTING HOUSE.
TYP.
6 A-2
5 A-2
5 A-2
4" / 12" 4
A-2 A-2 1/4" = 1'-0"
1 GROUND FLOOR PLAN - SCHEMATIC
AREAS CONDITIONED
Comments Area
ADU GROUND FLOOR 485 SF
485 SF
AREAS UNCONDITIONED
FRONT PORCH 31 SF
PATIO 115 SF
A-2 A-2 1/4" = 1'-0"
2 ROOF PLAN SCHEMATIC
2418 Calle Real Accessory Dwelling Unit
Next Up:
Evidence of
California Licensing
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 25
EVIDENCE OF CALIFORNIA LICENSING
The following documentation shows that RRM is properly licensed in the State of California to perform the scope of services per the City’s RFP:
Next Up:
References
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 26 JASON RIDENOUR, Community Development Director
City of Porterville
(559) 782-7460 | [email protected]
Project: Porterville Accessory & Multifamily Dwelling Unit Plans (see page 32 for additional project information)
Dates: 2021-Present
LAURA MELLISH, Senior Building Plans Checker
County of Santa Cruz
(831) 454-3151 | [email protected]
Project: Santa Cruz County ADU Pre-Approved Building Plan Options (see page 36 for additional project information)
Dates: 2021-Present
JAIME MURILLO, Project manager
City of Newport Beach
(949) 644-3328 | [email protected]
Project: Newport Beach Permit Ready ADU Plan and Public Outreach Improvement Services
(see page 37 for additional project information)
Dates: 2022-Present
MINDY GENTRY, Planning Manager
City of Concord
(925) 671-3369 | [email protected]
Project: Concord Accessory Dwelling Units Standard Drawings Development (see page 38 for additional project information)
Dates: 2021-Present
RRM CLIENT REFERENCES
If you check our references, you will find that our clients appreciate our work and the high level of service we provide.
Next Up:
Subconstracor
Item 17.
SECTION 2 | Proposer Statement of Proposals | Proposal FOR Design Services for Pre-Approved ADU Plans 27 Timothy is the owner of Carstairs Energy, Inc., a full-service energy consulting company based in San Luis Obispo. Carstairs Energy prepares energy compliance reports and works with building departments, architects, engineers, and homeowners to ensure compliance for each project. Timothy Carstairs is a Cabec Certified Energy Analyst and a licensed HERS Rater through CalCerts. He started Carstairs Energy in 2005 and was one of the first title 24 companies to offer services online. Carstairs Energy not only provides Title 24 Residential and Commercial Energy compliance, but they also provide HVAC Design Services including ACCA Manual J, D, S, and Solar Design services throughout California as well as HERS Testing and Green Point Rating local to the San Luis Obispo area.
Relevant Projects Quotes
• Agoura Hills Pre-Approved
Building Plans
• Coastal Community Builders,
The Meadows at Rice Ranch,
Orcutt
• Coastal Community Builders,
Vineyard Creek, Templeton
• McCarthy Homes Purisima Hills,
Coastal Collection, Lompoc
• I’ve worked with Carstairs for the
past 5 years. They have always
been very knowledgeable on every
project I ask them about. They
have always been on time, and
ready to answer questions. I would
highly recommend them.
~Gregory Soto, Architect
• Carstairs Energy, Wow. Our
Company, Crizer Construction Inc,
has been in business for almost
35 years this year and I have to
say that Carstairs Energy, Tim
Carstairs, is one of the most
attentive professionals we have
worked with...The response time,
when working with Carstairs
Energy, will be as fast as any
professional in the business. I
highly recommend that you work
with Carstairs Energy on your
next project.
19 Years of Experience
Education
• Bachelor of Science, Accounting
University of Phoenix,
Phoenix, AZ
Licenses, Accreditations,
and Affiliations
• Cabec Certified Energy Analyst
• CalCerts Certified HERS I and
HERS II Rater
• Licensed HVAC Contractor
(CSLB#926170)
• Certified Green Point Rater
(Build It Green)
• Real Estate Broker (BRE
#01855310)
TIMOTHY CARSTAIRS | CEA, HERS, GPR
Title 24 Energy Compliance
Item 17.
RRM PROJECT
Martin Residence • Accessory Dwelling Unit Addition
Atascadero, California
CITYWIDE
4-10 CITYWIDE DESIGN GUIDELINES | CITY OF YUCAIPA
Attached accessory structure in rear
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 29 SE
Multif
Plan 1 - Floor Plan
ENT.
40.00'
100.00'
KIT.
DINING
LIVING
PORCH
M. BED
UTIL.
CL.
PWDR.
UNDER STAIR
STORAGE
CL.
P: (805) 543-1794 | F: (805) 543-4609 | www.rrmdesign.com 3765 South Higuera St., Ste. 102, San Luis Obispo, CA 93401 A California Corporation | Victor Montgomery, Architect #C11090 | Jerry Michael, PE #36895, LS #6276 | Jeff Ferber, LA #2844 1011010 - MARGARITA A
SINGLE FAMILY HOME
ALLEY LOADED 40'X100' MIN.
LOT AREA: 5,000 SF
LOT COVERAGE: 29%
RESIDENCE: 1,565 SF
FIRST FLOOR: 1,065 SF
SECOND FLOOR: 500 SF
GARAGE: 462 SF
TOTAL: 2,340 SF
0 G
FIR
CARRIAGE UNIT: 462 SF
FIRST FLOOR
Section
3 PROPOSED METHOD TO
ACCOMPLISH THE WORK
Proposal for Design Services for Pre-Approved ADU Plans
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 30
PROJECT UNDERSTANDING & APPROACH
The City of Coachella proposes to encourage ADU production to meet local housing needs by initiating an ADU program. RRM’s extensive portfolio and expertise in ADU regulations, visual document production, architectural/construction level permit-ready plan drafting, and community outreach and engagement will provide an excellent foundation for making this vision a reality.
RRM understands the City is looking to develop a series of permit-ready housing units and provide homeowners the ability to streamline the process of using those plans for their unique and individual needs.
We also recognize that the City’s goal is to maximize the number of plans and options achievable from local funding. RRM’s long history in production housing allows us to develop plans with various options, making a single plan far more customizable and functional in multiple situations. RRM will provide for the following designs to be refined during the initial due diligence portion of the design process:
• Two approximately 400-500 sf: Free-standing studio ADUs in compliance with California Residential Code, California Code of Regulations, Title 24, Part 2.5, not exceeding 16’ height and designed to conform to a typical flat lot
• Two approximately 700-850 sf: Free-standing one-bedroom, one-bathroom ADUs in compliance with California Residential code, not exceeding 16’ in height and designed to conform to a typical flat lot • Two approximately 1,000-1,200 sf: Free-standing two-bedroom, two-bathroom ADUs in compliance with California Residential code, not exceeding 16’ in height and designed to conform to a typical flat lot Each plan type will be designed to adapt to and include two alternate elevation styles to conform to the City’s tending architectural vernacular. Each plan type is to be provided with reverse floor plans.
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 31 RRM properly envisions this project as a four-phase project which begins with programming. As with any public project, the City is responsible to its citizens to spend money wisely and effectively. This is the problem that a proper initial due diligence or programming phase can address. We are looking to identify the greatest opportunity to impact housing stock through a permit-ready ADU program for this project.
Starting with the kickoff meeting, the City will be a partner in formulating the best solution to address the goals unique to your area. The success of this program will not come from the plan set product but will be founded on crafting context-appropriate designs and then facilitating implementation. RRM’s communitybased design will help assure that these plans have elevation options that allow for personal taste and are appropriate to the community’s identified architectural vernacular. Identifying the correct designs for the City of Coachella will come through RRM’s collaboration with City staff. Coupled with an inventory of appropriate prevalent styles in the community, these outcomes will inform the second phase’s building block: design. We understand that residential design can be one of the purest manifestations of community character; accordingly, many people are passionate about homes. This is where our collaborative approach to design results in successful outcomes. From RRM’s production housing experience, we will develop designs with options to help provide the greatest variety of plans founded on the base project program.
RRM will collaborate with the staff and building departments in the early phase to create efficient implementable designs that fit the pre-approval process’s goals.
Following a public design review, RRM will work with City staff and building officials to generate complete permit-ready plan prototypes. These plans may vary in size from less than 400 sf up to approximately 1200 sf feet, providing a wide variety of options for each homeowner to implement on their unique site. RRM will work with designated staff to resolve a design that is not only stylistically appropriate but implementable.
Before implementation, we see the permit-ready ADU plans as the phase where our multidisciplinary practice provides the most significant impact. In-house structural engineering allows us to focus on design development with an eye toward efficient, low-cost construction, which will be of fundamental value to the end user. RRM has extensive experience in affordable and production housing, which helps us focus on efficient implementable solutions.
This leads us to the final component of the project: implementation. Getting the plans off the shelf and into the community is truly the end goal for a project like this. RRM’s experience on both sides of the counter will provide a solid basis for presenting information and how that information is perceived and used by private citizens.
We embrace a collaborative approach to the design process. RRM is looking forward to working with staff to define and develop this process so that by the time the plans are ready for the public, all parties should know what to expect.
While our experience has shown this approach as being the most effective way we can serve a city in providing pre-approved ADUs, it does require more investment in time. A more expedited approach that limits staff engagement in the design process would result in a faster delivery schedule, more in keeping with the stated time frames of the RFP.
Next Up:
Scope of Services
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 32
SCOPE OF SERVICES
ESTABLISH A STRONG
FOUNDATION
In this project’s initial phase, the team will engage
in a due diligence process designed to inform the
team and key City staff on the primary issues to be
addressed and gather and review relevant data and
background information.
TASK A.1: INITIATION MEETING
Following the review of existing data, the project
team will meet with City staff to establish a mutual
understanding of the key issues, further define
the scope, project schedule, expectations, layout
of significant project milestones, meeting times,
deliverable targets, and review pertinent data. Based
on evolving COVID restrictions, a digital meeting or
Google field trip may be necessary.
Deliverables:
• One (1) meeting with City staff
• One (1) meeting minutes
TASK A.2: DATA GATHERING AND
DOCUMENT RESEARCH
As a first step in the process, the team will collect
and review all data relevant from design guidelines,
the general plan, the development code, specific
plans, the local jurisdiction’s unique requirements,
and other planning efforts that have a bearing on the
communities. RRM will work with staff to compile
a preliminary survey of existing City lots to identify
the typical prevalent sizes and configurations. Next,
RRM, in coordination with City staff, will review
identified opportunities for implementation to
further inform the final design solutions. Finally,
RRM will prepare a program memo to document
the project goals and alternatives the City wishes to
achieve with the final designs.
Deliverables:
• ADU due diligence memo
• One (1) meeting with City staff
ADU DESIGN
The baseline generic prototypes, which could
be utilized as ADUs, or standalone single-family
dwellings designed to fit on generic flat lots, include the following:
• Two approximately 400-500 sq ft: free-standing
studio ADUs in compliance with California
Residential Code, California Code of Regulations,
Title 24, Part 2.5, not exceeding 16’ in height and
designed to conform to a typical flat lot
• Two approximately 700-850 sq ft: freestanding one-bedroom, one-bathroom ADU in compliance with California Residential code, not
exceeding 16’ in height and designed to conform
to a typical flat lot
• Two approximately 1,200 sq ft: free-standing
two-bedroom, two-bathroom ADU in
compliance with California Residential code, not
exceeding 16’ in height and designed to conform
to a typical flat lot
Each plan type will be designed to adapt to and
include two alternate elevation styles to conform to
the City’s tending architectural vernacular, including
incorporating styles and details identified in the
City’s Pueblo Veijo District Plan. The final permit
documents will provide each plan type with reverse
floor plans.
Each of the six base plans may be provided with
interior design options, including ADA adaptable and
fully accessible options, storage options, additional
bedroom or flex space options, and multiple entry
locations to allow personalization and site flexibility.
This approach allows for the three base plans to
serve as many times as the number of designs.
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 33 TASK A.3 CONCEPTUAL ADU PLAN
DEVELOPMENT
RRM will compile the relevant data and goals from
the research and City meetings to establish a
straightforward program with identified constraints
and opportunities to be used as the basis for the
preliminary design. Based on the initial description,
RRM will provide design concept options for the
final plan direction through staff review.
Deliverables:
• PDF format submittal
• One (1) meeting with the City staff; a preliminary
plan option review
• Preliminary site/floor plans for three (3) unit
prototypes
Schedule:
• Three (3) weeks included staff review meetings
Meeting:
• One (1) concept design review meeting
TASK A.4: PRELIMINARY (30%) ADU
DESIGN
RRM recognizes that residential design can be one of
the purest manifestations of community character, and
many people are passionate about homes. Therefore,
RRM encourages a collaborative approach to working
with staff to deliver designs that respond to the
community’s unique character. Following the initial
staff collaboration in Task A.3 above, RRM will design
a series of preliminary site plans/floor plans, sections, and elevations for the unit prototypes. We will review
the designs with staff for comment and approval at
approximately the 30% completion stage. The designs
will include typical front elevation style options. Plans will be based on generic sites as directed by staff.
Deliverables:
• PDF format submittal
• One (1) meeting with the City staff; a preliminary
plan, massing, and elevation review meeting
(currently expected to be conducted remotely on the
platform of City’s choice)
• Preliminary site/floor plans for six (6) unit prototypes • Preliminary sections for six (6) unit prototypes, as
needed
• Preliminary style options for front elevation of two
(2) options per plan for a total of twelve (12) front
elevations
Schedule:
• Four (4) weeks included staff review meetings
Meeting:
• One (1) preliminary design (30% set) review meeting
prior to the development of the final schematic
design package for review and approval to proceed
TASK A.5: SCHEMATIC (65%) ADU DESIGN
Based on staff feedback on the preliminary design, RRM
will refine the schematic design to an approximately
65% completion level for review by staff and any public outreach efforts. The submittal will be architecturespecific and for a non-specific generic site; no civil engineering or landscape architecture will be provided
for review. It is assumed that City staff will coordinate all submittals, applications, and notices associated
with any public hearings if desired. Attendance and
presentation documented for any public outreach or
hearings are addressed in Task A.7 below.
Deliverables:
• PDF format 65% plan set
• Floor plans for six (6) ADU prototypes with design
options
• Sections for six (6) ADU prototypes
• Elevations for six (6) ADU prototypes; four (4) sides for each unit
• Two (2) style options of the front elevations of each of the six (6) ADU base unit prototypes;
• Color and material boards; one (1) for each elevation style as printed images
• Twelve (12) 3D color-rendered front views suitable
for publication
Schedule:
• Four (4) weeks included staff review meetings
Meeting:
• One (1) staff review meetings
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 34
ADU CONSTRUCTION DOCUMENTS
TASK A.6: DOCUMENT PREPARATION
AND PLAN REVIEW
Our experience providing simple, cost-effective
designs and plans complying with California
Residential Code conventional construction
requirements provides a strong base for further
modification. A fully construction-ready plan of
conditions meets code requirements. Our proposed
scope provides for a fully designed building based
on CRC conventional construction. It utilizes
a complying braced wall system that allows for
significant customization within the pre-approved
standard, reducing time and costs to the end
user. All unit elevations are customizable to allow
for variations in exterior materials and door and
window fenestration to express individual owners’
tastes and community character. This will be
achieved by stating the minimum shear wall panel
requirements for each exterior wall. Most interior
walls will not be used for bearing, allowing further
flexibility for the end user. For construction cost,
speed, and simplicity, designs are anticipated to
utilize truss roof framing.
Our goal would be to express the design intent
with a structural system that considers the most
material and cost-efficient approach to provide a
more implementable, affordable housing solution.
This detailed review is typically only achievable with
an in-house structural design team where all parties
share a mutual goal.
Title 24 energy compliance will be four orientation
designs, allowing full implementation across sites.
No mechanical and electrical engineering design
is anticipated beyond typical line diagrams. Again,
design efficiency will be a key parameter for
mechanical and electrical design. RRM is a leader in
efficient, sustainable design. We anticipate only one
round of plan check revisions and resubmittal.
RRM anticipates a single-City coordinated review for
all departments. The City will be responsible for the
coordination of plan reviews.
As part of the construction document scope,
an ADU application submission template will
be developed to allow individual lot-specific
submissions and alternate design submissions.
The submission template will be developed to
be submitted using the City’s standard submittal
process.
Plans to be produced to the following criteria:
1. All designs shall fully comply with the 2022
California Residential Code, California Code of
Regulations, Title 24, and Part 2.5.
2. All designs shall comply with the 2022 California
Building Code (CBC), California Code of
Regulations, Title 24, and Part 2 for structure(s)
or elements(s) exceeding the design limitations
in the CRC or specifically directed by the CRC
to use the CBC.
3. Minimum Energy Compliance Design
Criteria: State Title 24 Energy Compliance
documentation in all four primary orientations
(north-, south-, east-, and west-facing).
a. Climate Zone: 15
b. Exterior Wall Insulation: R-15
c. Attic Insulation: R-30
d. Designed for both heating and cooling: 92
AFUE (Heating); 15 SEER (cooling)
4. Foundation Design Criteria:
The foundation design is generally site-specific,
although the building code does allow for code
minimums and the waiving of site-specific soils
geotechnical investigations. The foundation
design is provided for building sites that do
not exceed a slope of one vertical to three
horizontal units. The design does not assume
unstable soil or expansive clay soil:
a. Soil Bearing Pressure: 1,500 PSF (without
Geotechnical Report)
b. Lateral Bearing Pressure: 100 PCF
c. Foundation Depth Below Ground Surface:
18 inches min.
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 35
5. Front porch options shall be provided on at
least one elevation style of each plan type.
Porch detailing shall include at a minimum:
a. Ledger and attachment details
b. Porch framing member size, spacing and
connection details
c. Column size and isolated footing design,
including connection details
d. Any soffit and finish trim details required to
fulfill the design intent
6. Fire Resistive Construction Details:
a. The proposed detached units should be
anticipated to be located within four feet of
a real or assumed property line on the rear
or side elevation
b. Therefore, for each of the proposed plan
elevations, the rear and side elevations
will be designed with options to comply
with CRC Table R332.1 (1) Fire Resistance
Protection/Rating of exterior Wall elements
7. The following minimum fire protection details
shall be included within the plans:
a. One- (1-) hour fire-rated wall construction
detail for each architectural style that would
comply with ASTM e119 or ul 263 testing
b. One- (1-) hour fire-rated projection details
on the underside of the projection for each
architectural plan style and assume a twofoot minimum fire separation distance c. Design elevation where the opening on the
exterior firewalls shall not exceed 25% of
the wall area
d. Specifications and details of roofing material
and roof sheathing that would comply with
a two- (2-) foot minimum fire separation
distance
Deliverables:
EACH OF THE SIX (6) PLAN SETS WILL INCLUDE:
• PDF format plan set
• Jurisdictional-specific cover sheet
• Generic site plan with fillable information; no
grading, stormwater, or utilities information five (5)
feet beyond unit
• Floor plan
• Reverse floor plan
• Foundation plans – slab on grade only
• Floor framing plans
• Roof plan
• Roof framing plan/truss plan and profiles
• Sections; as necessary, maximum of two (2) per unit
• External elevations; one (1) front, two (2) sides and one (1) rear as plan typical elevations
• Front exterior elevation options; two (2) optional
front elevations per plan, with associated details
• Renderings of exterior; one (1) exterior elevation
rendering per style for marketing publication
provided as individual graphic files
• Recommended external and internal materials
• Architectural and structural details
• Mechanical, electrical, and plumbing plans; limited
to line diagram electrical and mechanical, gas
isometric only
• T24 Energy calculations (compliant for all building
orientations)
• No fire sprinklers plans are to be provided other
than designating the requirement for fire sprinklers
as applicable
• CALGreen (Title 24/Part 11) requirements sheet
• One (1) plan review cycle is anticipated
Final Delivery Documents:
• 24 x 36 PDF file
• 11 x 17 PDF file (non-scalable)
• Color exterior renderings suitable for marketing and
publication
• Illustrative floor plan for marketing and publication Schedule:
• Eight (8) weeks of production time till initial
submittal
Meeting:
• One (1) pre-submittal 90% set review meeting
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 36
MANAGE THE PROJECT
TASK A.7: PROJECT MANAGEMENT/
COORDINATION
The foundation of RRM’s practice relies on expert
and proactive project management. Successfully
accomplishing each unique assignment within the
needed timeframe and allocated budget is essential.
RRM focuses on capturing a clear direction on final
deliverables and end products at the beginning of
a project, establishing a shared understanding of
the project with the City and all team members.
This provides an essential project “road map,” RRM
develops a critical path schedule, monitoring and
updating it regularly throughout the process.
We make it a practice to provide regular status
reports of project progress and closely coordinate
with the City’s project manager and key consultant
team members. RRM views close project team
collaboration as a key mechanism to ensure issues
are well-vetted and fully addressed because better
projects result from multiple perspectives. In
addition, all product deliverables are reviewed
internally for quality control purposes before the
City submittal.
We have found it helpful to establish mutually
agreeable, timely turnaround review times in
managing a schedule. One helpful approach can
be for the City to provide one redlined, markedup version of comments from its staff so that all comments are reconciled and expedite the revision
process. Early consultation with affected agencies
and stakeholders is vital for a smooth and efficient
process. These approaches reduce potential
surprises that can add costs, cause delays, and dilute
consensus. In addition, the performance of project
managers is evaluated in several ways:
• Monthly review of compliance with project
budgets by task by RRM management
and principals. Our Deltek Vision project
Management and accounting software also allow
project managers and principals to track daily
time entries and task budgets
• Ongoing oversight by the principal-in-charge
regarding contract and schedule adherence as
well as overall project progress
• Periodically, report cards are provided to clients
to solicit feedback on the project manager and
overall project performance
• Annually, project managers are evaluated on the
quality of their performance
• Throughout the project process, client feedback
is sought for both RRM project managers and
contract personnel to ensure satisfaction and
provide the opportunity for adjustment if needed
We take project management seriously and are
committed to delivering on time and on budget.
RRM may need to coordinate and meet with City
staff, various departments, and interest groups in
addition to those specifically outlined in this scope.
This will include information teleconferences,
meetings, research correspondence, status reports,
record keeping, project coordination, electronic file
management, preparation for meetings, and all other
coordination during the project.
Deliverables:
• PDFs, project administration, and coordination as
needed
• Conference calls and emails as needed
• Print sets for plan check submittal and resubmittal
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 37
WORK PROGRAM ASSUMPTIONS
• Meeting notices. The City is responsible for printing and distributing physical meeting notices when needed. If requested, the costs of providing printing and/or distribution of meeting notices would be on a time and materials basis
• Meeting attendance. The project budget includes attendance at public meetings identified in the work program. The costs of additional meeting attendance would be on a time and materials basis if requested. In addition, meetings are assumed to be conducted using a virtual format • Draft documents. A draft of each document will be provided to staff and revised based on a single set of consolidated comments providing clear direction
• Printing. This budget assumes the City will be responsible for printing and distributing documents • Environmental review. The scope of work requested does not include environmental documentation or clearance pursuant to the California Environmental Quality Act. As such, environmental documentation and technical studies are not included in this work program. However, such documentation would be provided on a time and materials basis if requested
• All permit-ready ADU designs will be developed to use the 2022 CRC conventional construction code • Any design revisions exceeding this assumption’s constraints may require additional engineering and fee • This proposal assumes the City will own and maintain the approved architect or engineer stamped originals, issue users unstamped copies, and require a hold harmless agreement to be signed by the end-user. The wording suggested similar to ”By using these permit ready accessory dwelling unit construction documents, the user agrees to release, hold harmless, and indemnify the City, its elected officials and employees, and the architect or engineer who prepared these construction documents from any and all claims, liabilities, suits and demands on account of any injury, damage or loss to persons or property, including injury or death, or economic losses, arising out of the use of these construction documents”
Item 17.
SECTION 3 | Proposed Method to Accomplish the Work | PROPOSAL FOR DESIGN SERVICES FOR PRE-APPROVED ADU PLANS 38
QUALITY CONTROL
Efficient, On Time, and Within Budget
RRM has 180 professionals, and together with our subconsultant, we can bring the horsepower to meet deadlines and expedite the process. Randy Russom, our project manager, has over 40 years of residential construction and design experience. He brings the expertise and understanding of how to efficiently manage our team, proactively steer the project through a city departmental engagement process, and a particular fondness for creating ADUs.
Commitment to Completion
The foundation of RRM Design Group’s practice relies on expert and proactive project management.
Successfully accomplishing each unique assignment within the needed timeframe and allocated budget is essential.At the beginning of a project, RRM focuses on capturing a clear direction on final deliverables and end products, establishing a shared understanding of the project with the City and all team members. This provides an important project “road map,” RRM develops a critical path schedule, monitoring and updating it regularly throughout the process. We make it a practice to provide regular status reports of project progress and closely coordinate with the City’s project manager and key consultant team members. RRM views close project team collaboration as a key mechanism to ensure issues are well-vetted and fully addressed because better projects result from multiple perspectives. In addition, all product deliverables are reviewed internally for quality control purposes before City submittal.
We have found it helpful to establish mutually agreeable, timely turnaround review times in managing a schedule. One helpful approach can be for the City to provide one redlined, marked-up version of comments from its staff so that all comments are reconciled, and the revision process is expedited. Early consultation with affected agencies and stakeholders is vital for a smooth and efficient process.These approaches reduce potential surprises that can add costs, cause delays, and dilute consensus. In addition, the performance of project managers is evaluated in several ways:
• Monthly review of compliance with project budgets by task by RRM management and principals. Our Deltek Vision project management and accounting software also allow project managers and principals to track daily time entries and task budgets
• Ongoing oversight by the principal-in-charge regarding contract and schedule adherence as well as overall project progress
• Periodically, report cards are provided to clients to solicit feedback on the project manager and overall project performance
• Annually, project managers are evaluated on the quality of their performance • Throughout the project process, client feedback is sought for both RRM project managers and contract personnel to ensure satisfaction and provide the opportunity for adjustment if needed We take project management seriously.We are committed to quality work, delivering on time and within budget!
Item 17.
SECTION 4 | Certification of Proposal | Proposal FOR Design Services for Pre-Approved ADU Plans 39 Section
RRM PROJECT
West Creek Residential Subdivision (Noveno)
Plan with an Accessory Dwelling Unit
San Luis Obispo, California 4
Certification of Proposal
Proposal for Design Services for Pre-Approved ADU Plans
Item 17.
Photo Credit: Greater Coachella Valley Chamber
Item 17.
SECTION 4 | Certification of Proposal | Proposal FOR Design Services for Pre-Approved ADU Plans 41
CERTIFICATION OF PROPOSAL
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Qualifications (RFP), and to be bound by the terms and conditions of the RFP.
Item 17.
RRM PROJECT
Madonna Road ADU
San Luis Obispo, California
UP
01- F.F.
T.O.P. 1
LEVEL 2
T.O.P. 2
PL
12' - 0"
15' - 0"
11' - 0"
6' - 0"
5' - 0"
25' - 0"
9' - 0" 1' - 1" 9' - 1"
19' - 2"
4 A-2
4 A-2
5 A-2
5 A-2
1 A-3
1 A-2
GARAGE
12'-0"x23'-0"
COV. ENTRY
5' - 0"
EXISTING HOUSE
10' - 1 1/2"
(E) DOOR
GATE
5' - 0"
-
-
25' - 6"
19' - 6" 6' - 0"
26' - 2 7/8"
1' - 8 7/8" 24' - 6"
4' - 6" 20' - 0"
24' - 6"
4 A-2
4 A-2
5 A-2
5 A-2
1 A-2
STUDIO
BATH
CL
21' - 0"
9' - 0" 12' - 0"
24' - 6"
10' - 0" 14' - 6"
24' - 6"
1' - 2" 23' - 4"
20' - 0" 1' - 0"
01- F.F.
T.O.P. 1
LEVEL 2
T.O.P. 2
GARAGE
STUDIO
9' - 0" 1' - 1" 9' - 1"
19' - 2"
01- F.F.
T.O.P. 1
LEVEL 2
T.O.P. 2
GARAGE
STUDIO
9' - 0" 1' - 1" 9' - 1"
19' - 2"
a California corporation ● Lenny Grant, Architect C26973 ● Jerry Michael, PE 36895, LS 6276 ● Jeff Ferber, LA 2844
N:\2000\2159-01-RS20-1138-Madonna-Rd-ADU\Architecture\Model\2159-01-1138 Madonna-ADU-Building.rvt 2/17/2021 8:35:01 PM
2159-01-RS21 - 1138 Madonna Rd A-2 PLANS - ELEVATIONS & SECTIONS 2/17/2021
1/4" = 1'-0"
FRONT ELEVATION -SCHEMATIC OPT 3
1/4" = 1'-0"
GROUND FLOOR PLAN - SCHEMATIC OPT 3 1/4" = 1'-0"SECOND FLOOR PLAN - SCHEMATIC OPT 3 1/4" = 1'-0"
SECTION 1 SCHEMATIC OPT 3 1/4" = 1'-0"SECTION 2 SCHEMATIC OPT 3 N
3D View 2
Item 17.
SECTION 5 | Cost Proposal | Proposal FOR Design Services for Pre-Approved ADU Plans 43 Section
5 Cost Proposal
Proposal for Design Services for Pre-Approved ADU Plans
Item 17.
Item 17.
SECTION 5 | Cost Proposal | Proposal FOR Design Services for Pre-Approved ADU Plans 45 RRM SCOTT
MARTIN
RRM
JAMI
WILLIAMS
RRM
RANDY
RUSSOM
RRM
JESSICA
MEADOWS
RRM
CONNOR
CHURCH
RRM
PLANNING
STAFF
RRM
ARCH STAFF
RRM
ENG STAFF
220 $ per hour 235 $ per hour 220 $ per hour 175 $ per hour 145 $ per hour 130 $ per hour 120 $ per hour 130 $ per hour
ESTABLISH A STRONG FOUNDATION FEE
TYPE
ESTIMATED
FEE
A.1 Project Initiation NTE $ 1,200 2 $440 0 $0 2 $440 1 $175 1 $145 $0 0 $0 0 $0 A.2 Data Gathering and Document Reasearch NTE $ 3,420 1 $220 2 $470 2 $440 0 $0 2 $290 8 $1,040 8 $960 0 $0 Total: $ 4,620
ADU DESIGN FEE
TYPE
ESTIMATED
FEE
A.3 Conceptual Plan Development NTE $ 5,720 4 $880 0 $0 8 $1,760 $0 8 $1,160 0 $0 16 $1,920 0 $0 A.4 Preliminary Design (35%) NTE $ 9,760 4 $880 0 $0 8 $1,760 0 $0 16 $2,320 0 $0 40 $4,800 0 $0 A.5 Schematic Design (60%) NTE $ 14,920 6 $1,320 2 $470 12 $2,640 6 $1,050 32 $4,640 0 $0 40 $4,800 0 $0 Value: $ 30,400
ADU CONSTRUCTION DOCUMENTS FEE
TYPE
ESTIMATED
FEE
A.6 Document Preparation and Plan Review NTE $ 64,560 2 $440 0 $0 20 $4,400 60 $10,500 60 $8,700 4 $520 160 $19,200 160 $20,800 Value: $ 64,560
MANAGE THE PROJECT FEE
TYPE
ESTIMATED
FEE
A.7 Project Management/Coordination T&M $ 8,570 2 $440 2 $470 20 $4,400 12 $2,100 8 $1,160 0 $0 0 $0 0 $0 Value: $ 8,570
$ 108,150
$ 1,500
$ 109,650
Subtotal
Estimated Project Total
Reimbursable Expenses
FEE SCHEDULE
Coachella ADU Pre-Approved Plans
Oct 20, 2022 Consulting Planning
Principal
Architect / Project
Manager Project Architect Principal/Design Director
Engineering Production
Staff
Architectural
Production Staff
Fee Footnote
Estimated fees for tasks shown as “Time and Materials” (T&M) are provided for informational purposes. Amounts billed for these tasks, which will reflect actual hours worked, may be more or less than the estimate given.
Reimbursable Expenses
Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses.
Adjustment to Hourly Billing Rates
RRM reserves the right to adjust hourly rates on an annual basis.
Plannign Production
Staff Structural Engineer
COST PROPOSAL
Attachment 2
Item 17.
Attachment 2
Item 17.
SECTION 6 | Schedule | Proposal FOR Design Services for Pre-Approved ADU Plans 47 N15°41'42"E
132.29'
W REF
REF.
W
EXISTING
BEDROOM 10'-4x10'-0"
W.I.C.
5'-0"x5'-6"
BATH
8'-6"x5'-6"
3' - 0"
4' - 0"
ADU DESIGN
SETBACK
MINIMUM
ALLOWS TRADITIONAL
WINDOW/WALL WITHOUT
ADDITIONAL FIREPROOFING
COST
5' - 0"
BUILDING CODE
CONSTRUCTION
(FOR EXISTING,
DEMO OF CARP
1 HR FIRE
CONSTRUCTION
BETWEEN UNITS
PRIVATE PATIO:
STUDIO
0' -
W.I.C.
5'-9"x5'-0"
BATH
8-6"x5'-0"
STUDIO
14'-6"x12'-6"
0' - 3"
ON-GRADE GRAVEL
PATH. ALTERNATE
ROUTE AROUND SW
SIDE OF BUILDING
PLASTER
SIDING.COLOR TO
MATCH EXISTING
APARTMENT. TYP.
ASPHALT SHINGLE
ROOF TO MATCH
EXISTING HOUSE.
TYP.
DARK WOOD ACCENT.
COLOR TO MATCH
EXISTING APARTMENT
TRIM
1/4" = 1'-0"
GROUND FLOOR PLAN - SCHEMATIC
VIEW FROM HILLSIDE
AREAS CONDITIONED
Comments Area
1-BEDROOM GROUND FLOOR 488 SF
STUDIO GROUND FLOOR 291 SF
779 SF
AREAS UNCONDITIONED
FRONT PORCH 31 SF
PRIVATE PATIO : 1-BEDROOM 128 SF
PRIVATE PATIO : STUDIO 86 SF
1/4" = 1'-0"
FRONT ELEVATION SCHEMATIC
2 ADU @ CALLE REAL CLIEN
TRIM OR SCALLOP DETAIL ONLY,
NO RAKE OR EAVE
PREFAB METAL CANOPY FOR
WEATHER PROTECTION
RRM PROJECT Section
2418 Calle Real Accessory Dwelling Unit
Santa Barbara, California 6
Schedule
Proposal for Design Services for Pre-Approved ADU Plans
Item 17.
Item 17.
SECTION 6 | Schedule | Proposal FOR Design Services for Pre-Approved ADU Plans 49 Contract Initiation
Task A.1: Initiation Meeting
Task A.2: Data Gathering and Document Research
Task A.3: Conceptual ADU Plan Development
Task A.4: Preliminary (30%) ADU Design
Task A.5: Schematic (65%) ADU Design
Task A.6: Document Preparation and Plan Review
Task A.7: Project Management/Coordination
Meeting
Duration
ADU PROTOTYPES
RECOMMENDED PROJECT SCHEDULE
City of Coachella
ADU Building Plans one two three four five six seven eight nine Months
ten RECOMMENDED SCHEDULE
PROJECT SCHEDULE
Contract Initiation
Task A.1: Initiation Meeting
Task A.2: Data Gathering and Document Research
Task A.3: Conceptual ADU Plan Development
Task A.4: Preliminary (30%) ADU Design (No staff review ) Task A.5: Schematic (65%) ADU Design (No staff review)
Task A.6: Document Preparation and Plan Review
Task A.7: Project Management/Coordination
Meeting
Duration
ADU PROTOTYPES
ALTERNATIVE COMPRESSED PROJECT SCHEDULE
City of Coachella
ADU Building Plans one two three four five six seven eight nine Months
ten ALTERNATIVE COMPRESSED SCHEDULE
Attachment 2
Item 17.
Attachment 2
Item 17.
SECTION 7 | Exceptions to Sample Agreement | Proposal FOR Design Services for Pre-Approved ADU Plans 51 RRM DESIGN GROUP Section
Headquarters
San Luis Obispo, California 7Exceptions to Sample Agreement Proposal for Design Services for Pre-Approved ADU Plans
Item 17.
SECTION 5 | Cost Proposal | Proposal FOR Design Services for Pre-Approved ADU Plans 52
EXCEPTIONS TO SAMPLE AGREEMENT
RRM Design Group is in substantial agreement with the City's proposed Scope of Services, requirements of the RFP, and Draft Professional Services Agreement; however we feel it would be of mutual benefit to discuss. Please read below for a detailed explanation for the proposed changes.
3.3.8 Standard of Care; Performance of Employees.
Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California (hereinafter “standard of care”). Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants
represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them.
3.3.9.4 Laws and Regulations; Employee/Labor
Certification. Compliance with Laws. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all to the extent found to be caused by Consultant’s negligent violations of such laws and regulations in connection with the Services and this Agreement.
3.3.9.7 Air Quality. Consultant shall indemnify City
against any fines or penalties imposed by SCAQMD,
CARB, or any other governmental or regulatory agency
for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom
Consultant is responsible under its indemnity obligations provided for in this Agreement. Note: RRM has been advised that this is uninsurable.
3.3.10.2 Types of Insurance Required. (A) (1) limiting
coverage for contractual liability applicable to an “insured contract”; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/ completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this
Agreement. Note: This is overly broad; uninsurable. Copy of RRM’s policy provided for review.
(D) Professional Liability (Errors & Omissions):
Professional Liability insurance or Errors & Omissions
insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include coverage for Consultant’s negligent acts, errors or omissions in arising from all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
(E) Commercial General Liability: (4) contain
any other exclusions contrary to the terms or purposes
of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or
endorsements providing the exact same coverage) to
effectuate this requirement. Note: This is overly broad; uninsurable. Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein.
(F) Automobile Liability. (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein.
(G) Professional Liability (Errors & Omissions):
(2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this
Agreement. Note: Not possible; professional service agreements are not considered an “insured contract” The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend the Named Insured.
Item 17.
SECTION 5 | Cost Proposal | Proposal FOR Design Services for Pre-Approved ADU Plans 53
3.6 Indemnification. 3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless
from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner to the extent found to be arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s
Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and reimbursement of reasonable attorney’s fees and other related costs and expenses tied directly to Consultant’s determined percentage of fault as set forth in California Civil Code 2782.8 as it is written as of the date of this Agreement except such loss or damage caused by the sole negligence or willful misconduct of the City.
3.6.2 If Consultant’s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims liability or damages to the extent that are found to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7.4.4 Indemnification. Consultant shall defend,
indemnify and hold the City, its directors, officials,
officers, employees, volunteers and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda,
specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created
by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City. Notwithstanding any provision to the contrary in this Agreement, Consultant shall not be restricted from disclosing any information that is reasonably necessary for Consultant to disclose:
(1) to Consultant’s employees, subconsultants and the
General Contractor and subcontractors, if appropriate, or information in whatever form that is in the public domain; or (2) as part of the permitting and public entity approval process; or (3) if required as required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority; or (4) if reasonably necessary for Consultant to defend itself from any legal action or claim.
3.7.7 Attorneys’ Fees. If either party commences an
action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and all costs of such action as part of prevailing party’s total damages as determined by a court of competent jurisdiction.
Item 17.
THANK YOU
Item 17.
CITY OF COACHELLA
53-990 ENTERPRISE WAY
COACHELLA CA 92236
CODE ENFORCEMENT ,
ANIMAL CONTROL, &
GRAFFITI
QUARTERLY REPORT
Oct. 1, 2022 to Dec. 31, 2022
Prepared By:
Jessica Navarro Page 372
Item 18.
Code Enforcement Summary Report
Report Criteria:
Status
Assigned
To
Census
Tract Violation Initiation Open Date Range
Follow up Date
Range
Close Date
Range
All All All All From 10/01/2022 To
12/31/2022 From To From To
CE Totals
Total Closed Cases Open Cases
Totals 144 99 45
CE Cases by Violation
Violation
Total
Violations
Closed
Violations
Open
Violations
3 2 1
10.08.060 - Working on parked vehicles 0 0 0
10.20.010(18)Abandoned/Inoperable/Dismantled vehicle(s). 24 18 6
12.12.050 - Duty to maintain sidewalks. 1 0 1
12.16.030 - Permit required/CURB CUTS AND DRIVEWAYS 0 0 0
12.42.030 - Unlawful camping. 5 4 1
12.42.040 - Storage of personal property on public property. 2 2 0
13.03.044 Wasting water prohibited. 1 0 1
13.03.208 - Access to water meter. 0 0 0
13.03.306 Expiration or Extension of Permit 0 0 0
15.04.020 (A) Concrete Flat Work, Shades & Storage Containers 9 3 6
15.44.010 Building Numbering/Required 6 5 1
15.60.010 Building Permit Required 15 3 12
15.60.050 - Substandard buildings and housing. 0 0 0
15.66.010 Seizmic Hazard Mitiagtion 0 0 0
17.16.020 - Permitted uses. 0 0 0
17.16.030(C)(5)-Property development standards. Walls/Fences 1 1 0
17.48.020 Display of merchandised out of doors. 0 0 0
17.54.010 (N)(2) Parking and Storage in Residential Zones. 8 7 1
17.54.010.(N)(3) 0 0 0
17.54.020 - Permitting of certain garage conversions to residential living space ("garage conversions"). 0 0 0
17.56.010(J)(2)(B) - Signs 0 0 0
17.58.010 - Home occupations 0 0 0
17.60.010 (F)(4) Accessory structures 0 0 0
Item 18.
17.60.010 (G) - Trailers Outside Camps 0 0 0
17.60.010 - Property development standards. (Fence) 1 1 0
17.60.010 Property Development Standards 9D)(3)(a) Yards 0 0 0
17.60.010(3)(e) Development Standards 1 0 1
17.74.010 (D)(3) Conditional Uses 0 0 0
17.84 Medical Cannabis Dispensaries. 0 0 0
17.84 Medical Cannabis Dispensaries. 17.84.030 - Prohibited activities. 0 0 0
17.84 Medical Cannabis Dispensaries. 17.84.040 - Prohibited activities declared a public nuisance. 0 0 0
17.84 Medical Cannabis Dispensaries. 17.84.050 Penalties for Violations 0 0 0
2.08.060 (A) - Political sign regulations. 0 0 0
2.08.060 (B) - Political sign regulations 0 0 0
2.08.060 (C) - Political sign regulations 0 0 0
2.08.060 (D) - Political sign regulations 0 0 0
2.08.060 (E) - Political sign regulations 0 0 0
3.10.010 (D) (16) Visibility Hazard 0 0 0
3.10.010 (D) (27) Public Burning 0 0 0
3.10.010 (D)(10) Termites, Insects, Vermin or Rodents. 0 0 0
3.10.010 (D)(12) Abandon or Vacated Building/Structure 0 0 0
3.10.010 (D)(13) Offensive Odors 1 0 1
3.10.010 (D)(15) Hazardous Substances and Waste 0 0 0
3.10.010 (D)(18) 0 0 0
3.10.010 (D)(19) 0 0 0
3.10.010 (D)(20) Swmng Pools, Ponds and Other Bodies of Wtr. 1 0 1
3.10.010 (D)(23)Public Nuisances/Safety Hazard 16 12 4
3.10.010 (D)(24) Disruptive Activities 8 5 3
3.10.010 (D)(25) Land Use Entitlements. 0 0 0
3.10.010 (D)(3) Weeds 1 1 0
3.10.010 (D)(31) Animal Manure 0 0 0
3.10.010 (D)(36) Signs 0 0 0
3.10.010 (D)(38) - Maintenance and abatement of nuisances. 0 0 0
3.10.010 (D)(4) - Trees and Shrubs 10 8 2
3.10.010 (D)(44)Public Nuisances/Rubbish, Refuse and Dirt 17 10 7
3.10.010 (D)(8) -Maintenance of Private Driveways 0 0 0
3.10.010(35) Water Disp[osal 0 0 0
3.10.010(D)(11)-Sewage. 1 1 0
3.10.010(D)(15)-Hazardous Substances and Waste. 0 0 0
Item 18.
3.10.010(D)(16)-Visibility Hazard. 1 0 1
3.10.010(D)(19)-Visual Blight 29 25 4
3.10.010(D)(20)-Swmng Pools, Ponds and Other Bodies of Wtr. 0 0 0
3.10.010(D)(21)-Public Toilets. 0 0 0
3.10.010(D)(22)-Privies. 0 0 0
3.10.010(D)(25)-Land Use Entitlements. 0 0 0
3.10.010(D)(27)-Public Burning. 0 0 0
3.10.010(D)(28)-Air Pollution. 0 0 0
3.10.010(D)(29) Mosquito Breeding Places. 0 0 0
3.10.010(D)(30)Discharge of Sewage 1 1 0
3.10.010(D)(31)-Animal Manure 0 0 0
3.10.010(D)(32)-Hauling of Offensive Substances 0 0 0
3.10.010(D)(33)-Clothes Lines. 0 0 0
3.10.010(D)(34)Stormwater Drainage 0 0 0
3.10.010(D)(35)-Water Disposal. 0 0 0
3.10.010(D)(36)-Signs. 0 0 0
3.10.010(D)(37)-Encroachment. 0 0 0
3.10.010(D)(38)-Municipal Code Violations. 1 0 1
3.10.010(D)(39)-California Civil Code. 0 0 0
3.10.010(D)(40)-California Red Light Abatement Act. 0 0 0
3.10.010(D)(41)-California Drug Abatement Act. 0 0 0
3.10.010(D)(42)-State Housing Law. 0 0 0
3.10.010(D)(43)-Weed Abatement. 0 0 0
3.10.010(D)(6)Parking on Yard Off Driveway 19 18 1
3.10.010(D)(7) Occupied Vehicles 3 3 0
3.16.090 - Failure to comply with notice of violation. 14 4 10
5.80.100 - Operational requirements and performance standards established. (Short Term Rentals) 0 0 0
7.04.040 - Prohibited noise generally. 5 2 3
8.20.040(C)Dust Control requirements 0 0 0
8.44.010 - Collection by city or agent only. 0 0 0
8.44.070 Commercial Garbage Collection and Disposal 1 0 1
8.48.030 (B)Graffiti Prohibted 2 2 0
8.60 - REGISTRATION AND MAINTENANCE OF ABANDONED PROPERTIES 0 0 0
8.60.040 Registration of Abandoned Property 0 0 0
8.60.050 - Abandoned Property Maintenance requirements. 0 0 0
8.64.050 - Vacant Property Maintenance Requirements 0 0 0
Item 18.
Abandoned/Inoperable/Dismantled vehicle(s) 0 0 0
Business License Required 1 1 0
Business Subject to Miscellaneous Tax Rates/Transportation, Trucking and Towing 0 0 0
Display of merchandise out of Door 0 0 0
Garbage Containers 13 12 1
Illegal Dumping 3 3 0
Illegal, Nonconform. Building or Structure(s) 2 1 1
Manner of Parking /Parallel Parking 3 1 2
Manner of Parking/Angle Parking 0 0 0
Manner of Parking/Commercial Vehicles Prohibited from Parking on Private Property and Public Rights-of-Ways 0 0 0
NEC 380-9 Electrical, (e) Outlet faceplates/covers in place 0 0 0 NFPA 13-4-2.5.1 Automatic Fire Sprinklers Systems,(c) 18" clearance below heads 0 0 0
Parking on yard/off driveway 8 5 3
Parking Requirements/General Provisions 0 0 0
Parking Requirements/Surface of Parking Area 0 0 0
Permit for Outdoor Advertising Signs 0 0 0
Prkg. Lot Striping/Handicap Markings 0 0 0
Prohibited Stopping, Standing or Parking/On a Crosswalk 1 0 1 Prohibited Stopping, Standing or Parking/Within an Intersection 0 0 0 Property Development Standards/Maintenance 0 0 0
Public Nuisances / Animals 4 2 2
Public Nuisances / Attractive Nuisances 1 0 1
Public Nuisances / Fire Hazard 1 1 0
Public Nuisances / Landscaping 8 5 3
Public Nuisances / Trees and Shrubs 1 1 0
Service Stations/Intent and Purpose 0 0 0
Service Stations/Landscaping 0 0 0
Service Stations/Parking 0 0 0
Set up Temporary Sales Location 0 0 0
Signs-All signs and sign programs shall be subject to review and approval 0 0 0 Special Event/Sales Permit Required 0 0 0
Special Event/Sales Signs 0 0 0
Stopping, Standing and Parking/Public or Private Driveway 0 0 0 Stopping, Standing or Parking/Sidewalk 8 7 1
Item 18.
Termites, Insects, Vermin or Rodents 0 0 0
Termites, Insects, Vermin or Rodents 0 0 0
Title 19, Subchapter 5-Hood and Duct Systems,(a)Serviced within 6 months 0 0 0 Trimming palm trees--Required 2 1 1
UBC 3304(c)-"This Door To Remain Unlocked During Business Hours" 0 0 0 UBC 3313(b)-(f) Emergency lighting operable 0 0 0
UBC 3314(c)-(b) Illuminated EXIT sign operable 0 0 0
UBC 3315(b)-(c) 44' clear access aisle width to exits 0 0 0 UFC 10.206(a)-(b) Obstruction 0 0 0
UFC 10.206(b)-Hydrant,(c) Red curb-15' each side 0 0 0
UFC 10.207(1)-Fire Apparatus Access Roads,(a) Red curb on signs 0 0 0 UFC 10.207-Fire Apparatus Access Roads.(b) Obstruction 0 0 0 UFC 10.208(a)-Premises Identification, 0 0 0
UFC 10.301(a)-Fire Extinguishers,(a) Minimum 2A10BC 0 0 0 UFC 10.301(a)-Fire Extinguishers,(e) Commercial kitchen 40BC. 0 0 0 UFC 10.302(a)-Fire Extinguishers,(b) Servicing due 0 0 0 UFC 10.313(b)-Hood and Duct Systems,(b) Proper nozzle position, caps, coverage
0 0 0
UFC 10.313(c)-Hood and Duct Systems,(c) Automatic gas/electric shut off 0 0 0 UFC 10.313(e) 0 0 0
UFC 10.313(e)-Hood and Duct Systems,(d) Fuseable links, cables, conduits 0 0 0 UFC 10.401 0 0 0
UFC 10.401-Walls and Ceilings,(a) Holes sealed 0 0 0
UFC 10.402(a)-Exits,(e) Maintain fire rated doors, windows, dampers, and hardware 0 0 0
UFC 11.201(b)-General Housekeeping,(a) Rubbish/trash buildup 0 0 0 UFC 11.203(b)-General Housekeeping,(d) Storage not within 24" of ceiling 0 0 0 UFC 11.203(c)-General Housekeeping,(g) Storage in boiler, mech., elect. panel rooms prohibited 0 0 0
UFC 11.205(a)-General Housekeeping,(h) Candles used in approved manner 0 0 0 UFC 12.103(a)-Exits,(d) Exit obstruction 0 0 0
UFC 12.106(c)-General Housekeeping,(e) Storage under stairs prohibited 0 0 0 UFC 12.203(a)-Occupant Limit/Sign,(a) Occupant load sign(s) posted 0 0 0 UFC 12.207-General Housekeeping,Storage in attic space prohibited 0 0 0 UFC 13.103-Occupant Limit/Sign,(b) Required NO SMOKING signs 0 0 0 UFC 74.107(a) 0 0 0
UFC 79-201(e)-Flammable Liquids -(a) Approved safety cans under 10 gal. 0 0 0
Item 18.
UFC 79.107-Flammable Liquids,(c) Legible labeling 0 0 0 UFC 79.201(e)-Flammable Liquids,(b) Approved cabinet exceeding 10 gal. 0 0 0 UFC 85.104 (c)-Electrical,(c) Abatement of electrical hazards 1 0 1 UFC 85.104 (f)-Electrical,(f) Cover open space in circuit breaker panel 0 0 0 UFC 85.106-Electrical,(d) Exten. cords not allowed as permanent wiring 1 0 1 UFC 85.107-Electrical,(a) Zip cords/cube adapters not allowed 0 0 0 UFC 85.108-Electrical,(b) Min. 30" clear access to circuit breaker 0 0 0 UFC Stand. No. 10-1-6.9-Fire Extinguishers,(c) Mounted 3-5 feet from floor 0 0 0 UFC Standard No. 10-1-6.5-Fire Extinguishers,(d) Obstruction 0 0 0 UMC 504(a)-General Housekeeping,(c) 36" clearance around water heater 0 0 0 Weed Abatement 7 4 3
Totals 273 182 91
Commercial Center clean ups
Walmart On-going
Smart & Final On-going
Victory Liquor On-going
Valle Verde Plaza On-going
El Valle Auto On-going
Family Dollar On-going
Center for Employment Training On-going
CVS Pharmacy On-going
Auto Zone Compliance
Item 18.
Code Enforcement:
Graffiti Department Quarterly Report
October 1, 2022 to December 31, 2022
Gallons Used 60 Gal.
Gallons Purchased 416 Gal.
Cover ups 358
Pressure Washing Sq. ft. 5,050 sq ft
Item 18.
TO: Gabriel D. Martin, City Manager
FROM: Cástulo R. Estrada, Utilities Manager
DATE: January 19, 2023
SUBJECT: Utilities Quarterly Activity Report October, November, December 2022 Coachella Water Authority:
The Utilities Department Water Authority Division provides water pumping, treatment, and distribution services to more than 8,058 service connections citywide that include residential, commercial, and industrial users. The City has three (3) Storage Reservoirs of more than 10 million gallons of capacity with six (6) operating wells that provides more than 8,000 acre-feet of annual water production. This division is responsible for a variety of tasks including meter reading, repairs, pumping, production, treatment, main and distribution repairs, water quality complaints, service connections/disconnections, and capital improvements along with other assigned duties.
Coachella Water Authority Production and Distribution Highlights Description Value
Total -Water Production (Oct to Dec) (Million Gallons) 541.1 Chlorine Consumption (Gallons) 2453
Water Quality complaints 0
Monthly Samples Collected 162
Valves Exercised 41
Valves Repaired/Replaced 0
Underground Service Alerts 32
Hydrants Flushed/Serviced 25
Standby Service Calls 26
Water Service Leaks 20
Main Leaks 0
Customer Service Calls
Office work orders 380
Non-Reads 5564
Meter Replacements – large meters 1 inch to 4 inch 23
Hydrants replacements 4
Turn-Off N/A
Turn-On N/A
Delinquency Turn Off 0
State DDW Monthly Report Submitted Yes
Well Depths Monitored - 9/30/2022
Well No. 10 Depth (feet,) SWL 31. ft.
Well No. 11 Depth (feet,) SWL 78.4 ft.
Well No. 12 Depth (feet, ) SWL 65.8 ft.
Well No. 16 Depth (feet, ) -
Well No. 17 Depth (feet, ) PWL 105.7 ft.
Well No. 18 Depth (feet, bgs) SWL 70.56 ft.
Well No. 19 Depth (feet, bgs) PWL 132.57
Annual Production
2021 Annual (MG) 2351.86
Item 18.
Coachella Sanitary District:
The Utilities Department, Sanitary Division, provides for all the collection, treatment, and disposal of residential, commercial, and industrial wastewater for the more than 9,000 service connections within the City and more than 400,000 lineal feet of sewer collection system (90miles) 4-inches to 54-inches, Two (2) sewage pump stations, and over 1,600 manholes.
For the Second Quarter of October, November, & December 2022, almost 266.933 MG of wastewater was received at the wastewater plant or average daily flow of 2.901 MGD. The Plant treated a total of 223.50 MG. A total of 244 samples were collected at the Plant for monitoring.
Water Reclamation Facility – 87075 Avenue 54th
Description Value
Total Influent per month (MG) 88.97
Influent Ave. Daily Flow (MGD) 2.901
Total Effluent per month (MG) 74.5
Effluent Ave. Daily Flow (MGD) 2.429
Plant Permitted Capacity (MGD) 4.5
Operational Upsets None
Permit Violations None
Hypochlorite consumption (Gallon) 15,000
Sodium Bisulfite consumption (Gallon) 5,000
Odor complaints 0
Samples collected this quarter (Plant)- 295
State Report completed/submitted Yes
Coachella Water Grant Rebate Programs
• Turf Program- Funds have been exhausted; upcoming new funding soon. • Rebates pending/processed/completed
o 5 turf project applications received; 2 complete and 3 pending. o No toilet applications received.
o No smart controller applications received.
Collection System & Pump Stations Highlights
Description Value
Underground Service Alert 273
Collection System Cleaning (feet) 68,836
Manhole Inspection/Cleaning 107
Collection System Spills 1
Collection System Blockages 1
Stand-By Calls 9
Collection System CCTV Inspection (feet) 6,400
Samples Collected (Field) None
Pump Station Alarms 1
Wet Well Cleaning 1
Wet Well
Inspections
46
Item 18.
1 | Page
ENGINEERING:
Capital Improvement Projects
October 2022-December 2022
ST-67 Ave 50/I-10 Interchange
100% complete plans were reviewed by CalTrans. The City’s consultant made the required revisions and is working with the appropriate utility companies to complete the engineering work.
Offer letters have been provided to property owners on the north and south side of Interstate 10.
Project meetings continue with CalTrans Management to review the Interchange Grading and finalize plans for construction.
ST-69 Ave 50 Bridge over Whitewater Channel / ST-81 New Interchange @ Avenue 50 and 86 South Expressway
Environmental document was approved and finalized in February 2019. Final authorization for reimbursement for design phase of the project has been approved by CVAG and City Council.
Project meeting with CalTrans to review technical studies on the project continues. Request for Authorization has been submitted to Caltrans HBP. Angenious has submitted 65% plans and specifications for comment and review.
ST-93 Avenue 50 Widening Project (Calhoun to Harrison)
Professional agreement with KOA Corporation has been approved by City Council on 10/9/2019 for Final Construction PS&E. City Staff coordinating with KOA to complete design PS&E. KOA has submitted 90% design PS&E for review.
Item 18.
2 | Page
ST-98 Avenue 50 Extension PS&E (All American Canal to I-10 Interchange) Engineering Staff is awaiting responses to acquisition offers; Right-of-way acquisitions under negotiations with five property owners located west of the All-American Canal. City Council approved two purchase agreements for 2 of the 5 parcels. Bureau of Reclamation (BOR) has approved the environmental document for the work within the canal area. Hydrologic and hydraulics models are being reconciled with Coachella Valley Water District and Riverside County Flood Control District engineers.
ST-105 Street Rehab and Slurry
Construction contract was awarded to PMI on September 14, 2022. Project crack sealed and applied slurry to the Vista Escondida/Escondida Pointe Neighborhood. Project also constructed speed bumps throughout neighborhood. Project was completed in November 2022.
ST-109 Dillon Road Bridge Interstate I-10 Interchange & SR 86 Interchange CalTrans bridge inspections on behalf of FHWA, weight limit restrictions were implemented on the existing bridge. Due to the scour critical condition of the bridge, a Plan of Action was filed with FHWA. An application for the current round of the federal Build Grant funding has been submitted.
Item 18.
3 | Page
ST-130 Pueblo Viejo Sustainable Transportation Project
The project will add over two miles of class II bikeways, pedestrian and landscaping improvements in the Pueblo Viejo downtown area. The project was awarded to Desert Concepts on January 26, 2022. Construction is currently in progress and 75% complete.
ST-131 Avenue 48 Widening from Van Buren to Dillon Road Environmental documents have been completed and final design for Plans, Specifications and Engineer’s Estimates are being made. The project will add two lanes east bound and one lane west bound with bicycle and pedestrian facilities as well. Riverside County is lead agency on this project.
ST-134 2022 Pedestrian Safety Improvement Project
Project will increase pedestrian safety in various locations throughout the City. Construction Contract was awarded to Jacobsson Engineering. Construction has started and is scheduled to be completed by Spring 2023.
Item 18.
4 | Page
P-21 Bagdouma Park Basketball Court Replacement Project Project will replace existing basketball courts at Bagdouma Park with basketball courts, tennis court and pickle ball courts. Construction contract with Three Peaks Corp was awarded on 9/14/22.
Construction will commence shortly.
F-7 Fire Station #79
The Project will rehabilitate the Fire Station on Sixth Street to add separate men’s and women’s showers, bedrooms for staff, apparatus bay, generator upgrade, and electrical system upgrade. A construction contract has been awarded to Dalke and Sons Construction. Construction started in November 2022. Exterior and interior demolition and abatement have been completed. Plumbing and foundation work continues.
Item 18.
5 | Page
Private Development Projects
Mariposa Pointe D.R. Horton:
Model homes have been completed. Phase 1-3 currently under construction. Off-site improvements continue to be constructed. City Staff continues to inspect.
Sevilla Pulte Homes:
Phases 1-6 are complete. Phases 7-9 are currently under construction. City Staff continues to inspect.
Bellissima Pulte Homes:
Phases 1-2 are currently under construction. On-site curb and gutter and street base improvements have been completed. Offsite street improvements continue to be constructed. City Staff continues to inspect.
Item 18.
*Cannabis-related businesses/developments are identified in green text.
City of Coachella
Development Status Report
January 2023
Prepared By:
Development Services Department
Gabriel Perez, Development Services Director
Adrian Moreno, Associate Planner
Eva Lara, Planning Technician
Coachella Permit Center
53-990 Enterprise Way
Coachella, CA 92236
(760) 398-3102 Fax (760) 398-5421
www.coachella.org
Item 18.
City of Coachella
Development Status Report
January 2023
2 Case
No.
Name / Description
Location
Contact Person
Approval Date & Status
AR
EA
14-02
14-03
Double Date Packing Facility
Construct new 35,500 sq. ft.
date packing facility
86301 Industrial Way
APN 763-131-061
Steven Gilfenbain
9777 Wilshire Blvd., #900
Beverly Hills, CA. 90212
(310) 651-2591
PC approved 12/17/14
1 st Phase Complete
AR 16-04 Truck Storage
To develop a vehicle storage
yard in the M-S Zone on 3.10
acres.
49-640 Oates Lane Julia Molinar
P.O. Box 3091
Indio, CA. 92201
(760) 578-2108
PC Approved 4/20/16
1 st Phase Complete (Off-site
improvements pending)
AR
TPM
CZ
EA
CUP
DA
16-19
37209
16-03
16-06
290
Date Palm Business Park
To subdivide 80 acres into a
multi-tenant industrial park.
East of Harrison Street,
North and South of
Avenue 49
Wesley Ahlgren
Sundate/Anthony Vineyards
P O Box 9578
Bakersfield CA
93389-9578
(760)406-4060
PC Approved 10/18/17
CC Approved 12/13/17
PC Approved (DA) 12/20/18
CC Approved (DA) 1/17/18
CC - 1
st Final Map 9/14/20
AR
DA
17-07 Glenroy Resort - Project A
To construct a 76-unit
Bungalow-Style Hotel with
160,656 sq. ft. on 24.43 acres
in the CG zone.
SE Corner of Avenue 48
and Van Buren Street
Glenroy Coachella, LLC
1801 S. La Cienega Blvd.
Los Angeles CA 90035
(310) 207-6990
PC Approved 6/7/17
CC Approved (DA) 10/11/17
(Ord 1110)
Construction Stalled
AR
CZ
VAR
17-12
17-02
17-06
Coachella Village
To construct a new 242-unit
multifamily residential
project on 9.69 acres
South side of Ave 48,
west of Van Buren St
David Schuman
Coachella Village Partners, LLC
1014 S. Westlake Bl Ste 14
Westlake Village CA 91361
(213)321-9689
PC Approved 11/15/17
CC Approved 1/17/18
Plans Approved and ready for
permit issuance
AR 18-05 Coachella Village - Phase #2
To construct a new 110-unit
multifamily residential gated
community on 4.51 acres of
vacant land.
South side of Ave 48,
west of Van Buren St
David Schuman
Coachella Village Partners, LLC
1014 S. Westlake Bl Ste 14
Westlake Village CA 91361
(213)321-9689
PC Approved 10/17/18
Expired
Plans Approved
AR 18-10
(Admin)
Golden State Energy Services
Construct new electrical
substation
NE Corner Polk St. and
Industrial Way
Golden State Energy Services
3421 Gato Ct.
Riverside CA 92507
(951) 906-9865
Plans Approved
Item 18.
City of Coachella
Development Status Report
January 2023
3 AR 18-11 Pueblo Viejo Plaza
Construct new 6,900 sq. ft.
commercial center with two
restaurants and retail suite.
Northwest corner of 9th
St. and Grapefruit Blvd.
Pedro Padilla
49305 Grapefruit Blvd
Coachella, CA. 92236
(760) 972-2441
PC Approved 4/17/19
Expired
AR 19-01 Oraway Engineering
To construct a new
825 sq. ft. office and
contractor yard on 2.89 acres.
54-101 Enterprise Way Armando Bravo
83-850 Corte Solis
Coachella, CA. 92236
(760) 791-4383
PC Approved 4/17/19
Under Construction
AR 19-02 Guardado Commercial
Center
To construct a new 22,300
sq. ft. multi-tenant
retail/office complex on 1
acre
Southeast Corner of
Valley Rd. and Cesar
Chavez Street
Jual Carlos Guardado
82204 Hwy 111 Ste A
Indio, CA. 92201
(760) 578-3669
PC Approved 8/7/19
1 yr time ext PC approved on
11/3/21 to 8/7/22
2nd 1 yr time ext PC approved
on 10/26/22 to 8/7/22
In Plan Check
AR 19-03
(Admin)
Vista Escondida – Phase 3
Review of 3 production home
models ranging in size from
1,378 sq. ft. to 1,874 sq. ft.
North side of Avenue 54
east of Cesar Chavez
Street (Tract 32264)
Mario Alberto Ornelas
2280 Wardlow Circle Ste 100
Corona CA 92880
Approved 8/27/19
Complete
AR
CZ
19-06
19-01
Villa Verde Apartments
To construct 152 multifamily
apartments on 9.25 acres of
vacant land.
84-824 Calle Verde
(SW Corner of Calle
Techa & Calle Verde)
Villa Verde I., LP
1149 S. Hill St Suite 700
Los Angeles CA 90015
(213) 255-2815
Director Approved 2/20/20
AR 19-08 Pueblo Viejo Villas
To construct of new 3-story
mixed use building with 105
dwelling units and 3,000 sq.
ft. of commercial and Transit
Hub (Related to CZ 17-03)
NE Corner of Cesar
Chavez Street, and 6th St
Dave Davis
Chelsea Investment Corp
6339 Paseo Del Lago
Carlsbad CA 92011
(619)987-7780
PC Approved 1/15/20
Complete
Item 18.
City of Coachella
Development Status Report
January 2023
4 AR
TPM
19-10
37833
CV Apartments (renamed
Placita Dolores Huerta)
To demolish 50 dwellings
and construct 110 new
multifamily apartments with
community building, in two
phases with a lot split
sudivision.
84-900 Bagdad Avenue Vincent Nicholas
Community Housing Opportunities
5030 Business Center Drive Suite
Fairfield CA 94534
(707)759-6043 ext. 112
PC Approved 2/5/20
CC Approved 3/11/20
Final Map Recorded
Under Construction
AR 19-11
(Admin)
Valencia by Pulte Homes
Review of 3 production home
models ranging in size from
1,959 sq. ft. to 2,824 sq. ft.
East side of Van Buren
Street south of Avenue
50 (Tract 31698)
Cole Theel
Pulte Homes
27-401 Los Altos
Mission Viejo CA 92691
Director Approved 2/14/20
Completed
AR 20-05
(Admin)
New SFR Home
Construct new 1,775 sq. ft. 4
bedroom, 2 bath homes with
attached garage
52878 Calle Camacho Juan Carlos Lopez
52443 Calle Avila
Coachella CA 92236
(760)619-8680
Director Approved 8/13/20
AR 20-10
(Admin)
Meza Storage Shed
Construct new 6,000 sq. ft.
storage shed on the site of a
wholesale palm tree nursery.
Southeast Corner of
Vista Del Sur and Tyler
Street
Nicolas Meza
50580 Calle Mendoza
Coachella CA 92236
(760)541-9034
Director Approved 2/10/21
Expired 2/10/22
AR 21-01
(Admin)
Nova Homes DBA Inland
Builders
Review of three (3)
production homes for final
phase of Rancho Mariposa
NW Corner of Ave. 50
and Frederick Street
Nicolas Meza
50580 Calle Mendoza
Coachella CA 92236
(760)541-9034
Pending
AR 21-02
(Admin)
Cathron Residence
Construct new 1,659 sq. ft.
single family residence with
attached garage.
84-499 Calle Cathron Gabriel Gonzalez
43-738 Commanche St
Indio CA 92201
(760)574-0601
Under Construction
AR 21-04 Ocean Mist Proposed 3.99 86709 and 86790 Ave Christopher Drew Admin. Approval 8/18/21
Item 18.
City of Coachella
Development Status Report
January 2023
5 acre outdoor box storage 52 52300 Enterprise Way
Coachella, CA 92236
AR 21-06 29 Palms Band of Mission
Indians Temporary Event
Parking Proposed event
parking on 26 acres.
Portion of Planning
Area 1 of the Shadow
View Specific Plan
(APN 603-102-021,
603-110-016, 603-102-
029, 603-102-037, 603-
102-003, 603-102-002)
Twenty Nine Palms Band of
Mission Indians
46-200 Harrison Place
Coachella, CA 92236
Pending
Application deemed
incomplete
CZ
EA
20-07
20-04
B-4 Ranch Change of Zone
City-Initiated Change of
Zone for 5th Cycle Housing
Element
North side of Ave. 52,
east and west of
Education Way
City of Coachella
53-990 Enterprise Way
Coachella, CA 92236
(760) 398-3502
PC Recommended Approval
05-05-21
CC approved 6/9/21
CUP
AR
254
(Mod)
12-07
Gateway AM/PM Project
Construct carwash, drive-thru
restaurant modification
Southwest corner of
Ave. 48 and Grapefruit
Blvd.
The Chandi Group USA
P.O. Box 2817
Indio, CA. 92202
(760) 396-9260
PC approved 10/21/15
Complete
CUP
EA
DA
265
15-07
Cultivation Technologies
To develop a 111,000 sq. ft.
multi-tenant medical
cannabis cultivation facility.
84-811 Avenue 48 Michael Meade
Desert Rock Development
72100 Magnesia Falls
Rancho Mirage CA 92270
(760)837-1880
PC Approved 7/6/16
CC Approved (DA) 7-27-16
PC Approved Mod.-12/19/19
Project Re-Entitled as:
Desert Research Park #4
CUP
AR
TTM
TPM
EA
266
16-03
37040
37083
16-01
Coachella Vineyards Luxury
RV Park
To develop a 185-Lot RV
Park and subdivision on
29.41 acres of vacant land
NE Corner of Tyler
Street and Vista Del
Norte
Patty Nugent
Coachella Vineyards Luxury RV
Park, LLC
45-920 Meritage Lane
Coachella, CA. 92236
(760) 289-5279
PC Approved 7/18/18
CC Approved 9/26/18
PM Approved 4/10/19 Reso2019-23
1 Yr. Ext 9/26/21 (TTM
37083)
AB 1561 Extends TTM to
3/26/23
Item 18.
City of Coachella
Development Status Report
January 2023
6 1 Yr. Ext to be considered by
PC 1/18/23 to extend to
3/26/24
CUP
CUP
AR
TTM
EA
267
268
16-05
37088
16-02
Ravella - To develop 20 acres
Planned Development with a
service station on 5 acres of
Neighborhood Commercial
center, and 115 residences on
15 acres.
NW Corner of Avenue
50 & Calhoun Street
Tower Energy Group
1983 W. 190th St., Ste. 100
Torrance, CA. 90504
(310) 535-8000
P.C. Approved 6/15/16
CC Approved 7/13/16
CUP 268
(Mod.)
Borrego Health To modify
the Ravella/Tower Energy
Planned Development to
alow a new 40,919 sq. ft., 2-
story, medical clinic with 294
parking spaces on approx. 4
acres in Tract 37088-1
NW Corner of Avenue
50 & Calhoun Street
Tower Energy Group
1983 W. 190th St., Ste. 100
Torrance, CA. 90504
(310) 535-8000
P.C. Approved 4/17/19
Building Construction
Complete
CUP
AR
275
16-14
Mosque & Assembly Hall
To construct a new 20,260
square foot mosque to be
built in two phases.
84-650 Avenue 49 Shakil Patel
25982 Hinkle St
Loma Linda CA 92354
(909)796-0300
PC Approved 12-21-16
Grading Permit Issued
CUP
AR
EA
276
16-18
16-05
Coachella Warehouses
To construct a 255,800 sq. ft.
multi-tenant medical
cannabis cultivation facility
84-851 Avenue 48 Kevin Stumm
PCC Industrial/Commercial
760 Garden View Court, Suite 200
Encinitas, CA 92024
(760)452-8075
PC Approved 12/21/16
CC Approved 02/08/17
Phase 1 Complete
CUP
AR
VAR
278
17-02
17-03
Kismet Organic
To construct a phased 77,400
sq. ft. medical cannabis
cultivation facility.
48-050 Harrison Street Ed Sapigao
5151 California Ave Ste 100
Irvine CA 92617
(949)280-4782
PC Approved 7/19/17
CC (Appeal) Approved 9/27/17
CUP 284 Mobilitie Mono-Pole SEC of Ave 52 & Tyler Robert Lewis PC Approved 12/21/17
Item 18.
City of Coachella
Development Status Report
January 2023
7 CUP
CUP
285
286
To install 3 new wireless
communications poles in the
street right-of-way
SWC Ave 50 &
Harrison
NWC Westerfield &
Harrison
Mobilitie, LLC
2955 Red Hill Ave Ste 200
Costa Mesa CA 92626
(951) 212-5825
CUP 284 Withdrawn
CZ
CUP
AR
EA
17-01
279
17-03
17-01
Coachella Green LLC
To construct a phased
833,829 sq. ft. medical
cannabis industrial park.
86-601 Industrial Way Barry Walker
1933 S. Broadway No. 806
Los Angeles CA 90007
(323) 997-9914
PC Approved 11/15/17
CC Approved 11/29/17
1 st - 12-month time extension
11/29/2019
PC Approved 24 month
retroactivetime extension
11/18/20 – Expired 11/29/21
Project under new Ownership
CUP
AR
289
17-11
Coachella Brands
To construct a new 91,948 sf
cannabis cultivation facility
in the MW zone.
84-805 Ave. 48 Richard O’Connor
2 Curie Ct
Rancho Mirage CA 92270
(760)409-6464
AR Approved 8/30/17
CUP Approved 11/1/17
Interim Use In Operation
Amendment to the CUP
submitted in April 2022.
CUP
AR
TPM
EA
280
17-04
37266
17-02
Coachella Research Park #2
To develop an 833,829 sq. ft.
multi-tenant medical
cannabis cultivation facility,
with industrial condo lots, on
20 acres in the MW zone.
48-451 Harrison Street Michael Meade
Desert Rock Development
72-100 Magnesia Falls Dr. Ste 2
Rancho Mirage CA 92270
(760)837-1880
PC Approved 10/4/17
CC Approved 10/25/17
In Plan Check
CUP
AR
DA
VAR
280
(Mod)
17-04
(Mod)
18-05
Coachella RP #2 (Modified)
To allow two 3-story
industrial buildings (98,520
sf) and four greenhouses
(404,308 sf) for cannabis
cultivation uses.
48-451 Harrison Street Michael Meade
Desert Rock Development
72-100 Magnesia Falls Dr. Ste 2
Rancho Mirage CA 92270
(760)837-1880
PC Approved 11/28/18
CC Approved 2/13/19
Phase 1 Under Construction
Item 18.
City of Coachella
Development Status Report
January 2023
8 CUP
AR
TPM
EA
281
17-05
37265
17-03
Coachella Research Park #1
To develop an 311,250 sq. ft.
multi-tenant medical
cannabis cultivation facility,
with industrial condo lots on
11.28 acres in the MW zone.
NE Corner of Ave. 48
and Harrison Street
Michael Meade
Desert Rock Development
72-100 Magnesia Falls Dr. Ste 2
Rancho Mirage CA 92270
(760)837-1880
PC Approved 10/4/17
CC Approved 10/25/17
Grading commenced
CUP
TPM
EA
282
37333
17-04
REI / Ponte Hotel Project
To develop a 5.45 acre site
with 2 hotels, drive-thru pad,
and restaurant.
NE Corner of Vista Del
Norte and Dillon Road
Claudio Ponte
726 W. Ventura Blvd Ste F
Camarillo CA 93010
(805)383-0367
PC Approved 7/19/17
CC Approved 8/9/17
Final Map Recorded
CUP
CUP
CZ
299
300
18-03
HOTN/Sinsemilla
Dispensary & Pub Project
Proposed 1,839 sq. ft. retail
cannabis dispensary and
1,432 sq. ft. bar/pub
1694 6th Street Pedro Ordoñez
6 th Street Tap Room
45631 Capistrano St
Indio CA 92201
(760)409-6169
PC Approved 3/20/19
CC Approved 5/8/19
Under Construction
CUP 292 Verizon Wireless
To install a new wireless
communications pole at
Bagdouma Park
Northeast corner of
Frederick St and Ave 52
Bryce Novak
7711 Normal Ave
La Mesa CA 91941
PC Approved 1/31/18
Complete
CUP
AR
293
17-14
Coachella Herb Plantation
To construct a new 67,240 sf
medical cannabis cultivation
facility on 3.2 acres in the
MW zone.
84-801 Ave 48 Marcelo Morales
84-801 Ave. 48
Coachella CA 92236
(760)699-1332
PC Approved 11/28/17
Time Extension to 11/28/19
Time Extension to 11/28/20
Interim Use Under
Construction
Item 18.
City of Coachella
Development Status Report
January 2023
9 CUP 294 Chelsea Mixed Use Project
To establish “PD” land use
regulations and development
standards for TOD project
(105 Apartments w/ 3,000 sf
commercial and Transit Hub)
East side of Cesar
Chavez Street, north of
6 th Street
Walter Heiberg
Chelsea Investment Corp
6339 Paseo Del Lago
Carlsbad CA 92011
(760)456-6000
PC Approved 12/21/17
CC Approved 11/29/18
Modification Approved 1/30/19
Complete.
CUP
AR
VAR
297
18-01
18-01
CoachellaGro Corp.
To construct a new 257,051
sf cannabis cultivation
facility on 10.99 acres of
vacant land in the M-W zone.
East side of Harrison
Street, South of Ave. 48
CoachellaGro Corp.
3060 Saturn St #250
Brea CA 92821
(760)940-0100
PC Approved 6/6/18
Time Extension to 6/6/20
CZ
CUP
AR
VAR
18-09
307
18-07
18-04
Polk Cannabis
Redevelopment Project
To construct a new 174,500
sf cannabis cultivation
facility on 10 acres of land.
53-800 Polk St.
Peter Solomon
53-800 Polk St
Coachella CA 92236
(760)895-2621
PC Approved 11/7/18
CC Approved 12/12/18
Time Extension to March 18,
2021 related to litigation
CUP 301 AT & T Wireless Antenna
To install a new wireless
communications mono-palm
at 50 ft high
Jackson Square
SE Corner of Jackson
St. and Ave. 48
AT & T c/o Melissa Francisco
19519 Jacob Ave.
Cerritos CA 90703
(562)972-5161
PC Approved 9/19/18
Under Construction
CUP 302 AT & T Wireless Antenna
To install a new wireless
communications mono-palm
at 50 ft high
Bagdouma Park
51-711 Douma St.
AT & T c/o Melissa Francisco
19519 Jacob Ave.
Cerritos CA 90703
(562)972-5161
PC Approved 9/19/18
CUP
AR
EA
TPM
313
18-13
18-06
37670
Luxor Luxury RV Storage
To develop an indoor
123,940 sq. ft. indoor RV
storage facility with repair
and washing service, and
caretaker unit
49-751 Oates Lane Luxtor Limited, LLC
450 Kansas Street #104
Redlands CA 92373
(909)556-5848
PC Approved 3/6/19
CC Approved 7/10/19
Under Construction
Item 18.
City of Coachella
Development Status Report
January 2023
10 CUP
AR
EA
308
18-08
18-03
Red Moon RV Park
To develop a 78.3-acre RV
Resort with 46 long-term
rental spaces and 390 shortterm rental spaces
44-790 Dillon Rd.
Jim Komick
Red Moon Dev. & Construction
4320 Priceless View Dr.
Gold Canyon AZ 85118
(480)947-9253
PC Approved 3/06/19
Under Construction
CUP
AR
EA
VAR
318
(Mod)
19-09
19-01
19-03
NB Coachella Cannabis
Cultivation Facility
To construct a new industrial
greenhouse park for
commercial cannabis
cultivation uses on 49.97
acres of vacant land in the
MS-IP Zone.
86-601 Industrial Way NB Coachella Properties, Inc.
1650 Black Road
Santa Maria CA 93458
c/o CV Engineers
(760)360-4200
Pending
Application On Hold
CUP 319 Botanero Mexicali- Alcohol
Sales.
To allow beer and wine sales
with 1121 sq. ft. snack bar.
51-704 Cesar Chavez St.
Unit #3
Maria Carrera
51-704 Cesar Chavez St Unit #3
Coachella CA 92236
(760)574-5543
Application Withdrawn
(Not Needed due to
grandfathered ABC license)
CUP
VAR
320
20-01
K.C. Vargas Tattoo Parlor
To allow an 800 sq. ft. tattoo
parlor in the CG zone.
48-975 Grapefruit
Boulevard, Suite #4
Kenny Coronel Vargas
31-180 Desert Palm Dr.
Thousand Palms CA 92276
(442)400-1562
PC Approved 5/20/20
Business Open
CUP
CUP
AR
TPM
321
322
20-03
37940
7-Eleven Service Station/
Retail Center. To allow a
10,588 sq. ft. retail center
with service station, drivethru coffee /office buildings on 3 acres in the CG zone.
NE Corner of 1st St. and
Cesar Chavez St.
Mr. Francis Chu
Coachella Retail Realty, LP
1401 Quail St. Suite #100
Newport Beach CA 92660
(949)752-2515
PC Approved 7/15/20
CC Approved 9/23/20
PC Approved AR 20-03 and
TPM 37940 CUP 321 AR 20-
03 Mod PC Approved 1/5/22
CC AR 20-03 TPM 37940 CC
Mod Approval 1/26/22
CUP 323 The Foundation Delivery
To allow a 650 sq. ft. nonstorefront retail cannabis
(delivery only) microbusiness
51-544 Cesar Chavez
St., Suite #J1
CHAD Enterprises, LLC
43-100 Palm Royale Dr. #1627
La Quinta, CA 92253
(760)799-3636
PC Approved 9/2/20
Now operating
Item 18.
City of Coachella
Development Status Report
January 2023
11 in the CG zone.
EA
CUP
CUP
CUP
CZ
AR
TTM
GPA
20-01
324
325
326
20-01
20-04
37921
20-01
Coachella Airport Business
Park.
To construct a 628,825 sq. ft.
industrial center w/ Cannabis
Cultivation, mini-storage, and
service station on 42.69 acres
in the MS-IP zone.
NW Corner of Airport
Blvd and CA-86
Expressway
Empire Airport, LLC (Haagen Co.)
12302 Exposition Blvd.
Los Angeles CA 90064
(310)820-1200
Under Review
CUP
EA
AR
327
20-02
20-06
Bejarano Project
To construct a new 172,61
sq. ft. cannabis cultivation
facility on 9.98 acres in the
MW zone.
48-100 Harrison Street David E. Argudo
15835 E. Main St.
La Puente CA 91744
(415)640-4420
PC Approved 11/18/20
Expired
CUP
CZ
AR
328
20-02
20-08
Cairo Casitas Project
To construct new 8-unit
apartments project and
remodel existing commercial
building on 0.498 acres in the
CG zone.
51-704 Cesar Chavez St. Tomer Tzadok
23679 Calabasas Rd. #280
Calabasas CA 91302
(310) 751-4125
PC Approved 9/2/20
CUP
CUP
334
293
(Mod.)
Coachella Greenery
To allow a 1,100 sq. ft. retail
cannabis business in an
existing industrial building
on 3.2 acres in the M-W
zone.
84-801 Avenue 48 Diana Palacios
83614 Eagle Avenue
Coachella CA 92236
(760)50-14878
PC Approved 3/17/21
Business Open
CUP 335 Kismet Organic NonStorefront Retail Cannabis
To allow a 225 sq. ft. nonstorefront retail cannabis
business in the MW zone.
48-050 Harrison St. #2 Mr. Kyle Friend
9 Cushing
Irvine CA 92617
PC Approved 11/18/20
CUP 336 Pueblo Cannabis 85-591 Grapefruit Blvd Armando Lerma PC Approved 8/4/21
Item 18.
City of Coachella
Development Status Report
January 2023
12 CZ 20-08 To allow a 1,500 sq. ft. retail
cannabis dispensary in an
existing building on 0.30
acres of land in the CG-RC
zone.
83-983 Fiesta Road
Coachella, CA 92236
CC Approved 5/26/21- CUP
CC Approved 6/9/21 – CZ
Time Extension for CUP
Approved by PC 6-15-22
CUP
CZ
VAR
337
21-01
21-01
Coachella Releaf Dispensary
Proposed 3,800 sq. ft. retail
cannabis microbusiness in the
MS-IP zone.
86-705 Avenue 54 Ste H Adriana Gonzalez
84-095 Tera Vista
Coachella CA 92236
PC Approved 4/7/21
CC Approved CUP 337 and
Variance 21-01 on 8/25/21
9/8/21 Change of Zone adopted
Business is open.
CUP
VAR
338
21-02
Coachella Paradise
Convenience Store
New 2,500 sq. ft.
convenience store with offsale general liquor sales.
50-233 Cesar Chavez St. Mr. Nesrin Steih
6988 Cantera Way
Fontana, CA 92336
(909)728-0379
PC Denied 6/16/21
CC Denied Appeal 7/14/21
CUP
VAR
340
21-03
Best Friends Farms
Proposed 1,200 sq. fdt. NonStorefront Retail Cannabis
84-705 Ave 50, Suite #4 Craig Guggolz
69-822 Via del Sur
Cathedral City, CA 92234
PC Approved 6/16/21 (Res. 21-
13)
CUP 344 Meza Interim Outdoor
Cannabis Cultivation
24 hoop houses coveraing 1.1
acres for the interim outdoor
cultivation of cannabis
located on a 5 acre parcel
86099 Tyler Street Nicolas Meza/CSC Growers
50580 Calle Mendoza
Coachella, CA 92236
[email protected]
PC Approved 10/16/21
CUP 345 CVG Interim Outdoor
Cannabis Cultivation
11 acres of proposed outdoor
cannabis cultivation in hoop
houses.
50501 Fillmore Street Wyatt Nelson
2323 Bonfield Ct, Camarillo, CA
(805)910-8587
PC approved 1/20/22
CUP
CZ
VAR
342
21-03
21-04
American Desert LLC Multitenant Microbusiness Project
conversion of an existing
18,960 square foot multitenant (12 units) industrial
86695 Avenue 54 American Desert LLC
15303 Arrow Blvd
Fontana, CA 92335
(213) 81603214
PC approved 10/20/21
CC approved 11/10/21
Item 18.
City of Coachella
Development Status Report
January 2023
13 building for cannabis
business uses on a 1.29 acre
parcel
TTM
EA
CUP
CZ
GPA
32263
05-11
207
05-04
07-04
322 SF Units Subdivision
64.64 acres
See AR 05-21
Nickel creek
Ave 44, West of Dillon Coachella-Nickel Creek LLC
5744 Canyon Road
Amarillo, TX. 79109
PC approved 9/5/07
CC approved 9/12/07
SB1185 Ext to 9/12/10
AB333 Ext to 9/12/12
AB208 Ext to 9/12/14
AB116 Ext. to 9/12/16
1 Yr. Ext. to 9/12/17
1 Yr. Ext. to 9/12/18
Statutory Ext. to 9/12/21
TTM
AR
EA
CUP
CZ
GPA
Annex
35523
07-13
07-16
231
07-08
07-05
60 Villa Palmeras
111 Single Family attached &
detached residential
11.58 acres
South side of Ave 50
between Jackson St &
Calhoun St
DSE Turco, L.P.
Attn: Scott Carino
8910 University Center Ln
Suite 690
San Diego CA 92122
(858) 458-3432
(858) 458-3412 FAX
PC approved 1/16/08
CC approved 5/28/08
TTM Expired 5/28/19
SP
GPA
CZ
EA
TPM
14-01
14-01
14-01
14-04
36872
Vista del Agua Specific Plan
280-acre subdivision with
single-family residential,
multi-family residential and
commercial development.
S of Vista del Sur
N of Ave. 48,
E of Tyler St.,
W of Polk Street
James Kozak
Strategic Land Partners, LP
12671 High Bluff Dr.,
Suite 150
San Diego, Ca. 92130
(858) 699-7440
PC Workshop 3/20/19
PC Approved 6/19/19
CC Approved 5/13/20
TPM
VAR
37758
21-05
Cervantes Lot Split
Subdivision of 10 acres into 2
lots
50800 Van Buren St Greg Cervantes
82265 Padova Dr.
Indio, CA 92203
PC Approved 7-21-21
CC Approved 8-25-21
Final Map approved
TTM
AR
VAR
EA
38084
21-03
21-04
21-01
Pulte Coachella Subdivision
“Sevilla”
Subdivide 26.8 acres of
vacant land into 107 SFR
lots.
Northside of Ave 51,
500 East of Van Buren
St. (APN 768-050-002)
Daniel Wozniak
Pulte Homes Company LLC
27401 Los Altos St 400
Mission Viejo, CA 92691
PC Approved 5/19/21
CC Approved 6/23/21
Under Construction
Item 18.
City of Coachella
Development Status Report
January 2023
14 TTM 31978 Bellssima Subdivision
Subdivide 38 acres into 160
single family lots
Southeast corner of
Avenue 53 and Fredrick
Street
Brighton Properties, LLC (original
TTM applicant)
PC Approved
CC Approved 5/20/06
1Yr. Ext. to 8/24/18 (Reso
2017-53)
1 Yr Ext. to 8/24/19
1 Yr Ext. to 8/24/20
AB 1561 Ext. to 2/24/2022
Grading Commenced in April
2022
Under Construction
TPM
AR
CUP
38218
21-07
354
JJWR Holdings, LLC
construction of two 25,750
sq. ft. industrial building to
create up to 32 warehouse
condos and 8 office condos
53-457 and 53-459
Enterprise Way
JJWR, LLC
440 Santa Lucia Drive
Hemet, CA 92543
PC Approved 5/18/22
CC Approved 6/8/22
VAR 18-02 Desert Research Park #1
To exceed height limit for 3
new industrial buildings.
NE Corner of Ave. 48
and Harrison St.
Michael Meade
Desert Rock Development
72-100 Magnesia Falls
Rancho Mirage CA 92270
(760)837-1880
PC Approved 4/18/18
Plans Approved
AR 21-09 Coachella 155
Proposed construction 155, 1
and 2-story residences within
Tract 32074
SEC of Calhoun
Street and 50th
Avenue
D.R. Horton
Mario Ornelas
2280 Wardlow Circle #100
Corona, CA 92880
(951)739-5481
Admin. Approval 1/5/22
Under Construction
AR 21-15 Bellissima proposed
construction of 111 single
family resdidences in an
unfinished Tract 31978
East of Fredrick
Street between
Avenue 53 and 54.
Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
(760)775-1806
Admin Approval 4/5/22
Under Construction
CUP
CUP
AR
346
347
21-12
Fountainhead Plaza. To allow
a 20,422 sq. ft. Aldi
supermarket and 2,600 sq. ft.
Panda Express in the CG
zone.
NE Corner of 1st St. and
Cesar Chavez St.
Mr. Francis Chu
Coachella Retail Realty, LP
1401 Quail St. Suite #100
Newport Beach CA 92660
(949)752-2515
PC Approved 1/5/21
Mod to CUP 321, AR 20-03,
TPM 37940
Approved by CC 1/26/22
Aldi Under Construction and
Item 18.
City of Coachella
Development Status Report
January 2023
15 (related to CUP 321, 322, AR
20-03, TPM 37940)
Panda Express Permit ready for
issuance
CUP 348 Gunther Investments To
allow interim outdoor
cannabis cultivation on a
38.48 acre site
Southwest corner of
Avenue 50 and Filmore
Street
Brandon Calandri
P.O. Box 8010
Lancaster, CA 93539
Withdrawn
CUP 349 DAFCO To allow interim
outdoor cannabis cultivation
on a 199.39 acre site
Northeast corner of
Filmore & 52nd Stsreet
Brandon Calandri
P.O. Box 8010
Lancaster, CA 93539
Withdrawn
CZ
CUP
AR
22-01
351
22-04
Tripoli Mixed-Use Project
108 Affordable Apartment
units and 2 retail units with
Building A 3-Stories and
Building Building 4 Stories.
Northeast corner of
Cesar Chavez Street and
Bagdad Avenue
Chelsea Investment Corporation
Attn: Dave Davies
6339 Paseo Del Lago
Carlsbad, CA 92011
(619)987-7780
PC Approved 4/20/22
CC Approved 5/11/22
PC Approved 10/26/22
(Revisions by applicant)
CC Approved 11/9/22
(Revisions)
TTM 38145
38146
Vista del Agua
•TTM 38145 is to subdivide
42.92 acres into 204 singlefamily lots, located east of Tyler Street, North of
Avenue 48 and west of Polk
Street. (APN: 603-150-005 &
007).
•TTM 38146 is to divide
46.92 acres into 254 singlefamily lots APN: 603-150-
009, 010, & 011.
North of Avenue 48 and
West of Polk Street
CVP Palm Springs, LLC
c/o Strategic Land Partners, LP
12671 High Bluff Drive, Suite 150
San Diego, CA 92130
Under Review
SP
GPA
CZ
EA
DA
22-01
22-03
22-04
22-05
22-02
KPC Coachella Specific Plan
entails construction of
approximately 9,536
dwelling units (DUs) of a
variety of residential types;
approx. 305 acres of mixeduse areas; approx. 71 acres of Northeast portion of the
City of Coachella, North
of the I-10 Freeway and
East of the All
American Canal
KPC Development Company, LLC
9 KPC Parkway, Suite 301
Corona, CA 92879
(951)987-8100
Under Review
Item 18.
City of Coachella
Development Status Report
January 2023
16 proposed school facilities for
a total of 2,807 acres for the
project
GPA
EA
23-01
23-01
Santa Rosa Business Park
General Plan Amendment
Proposed General Plan
Amendment of 39 acres from
Urban Employment District
to Industrial
Southeast corner of
Tyler Street and Avenue
54 Santa Rosa Business Park, LLC
32823 Temecula Parkway, CA
Under Review
GPA
CZ
TTM
AR
EA
22-04
22-05
38429
22-11
22-04
Encanto
Proposed subdivision for 112
single family residences
Westside of Van Buren
Street between Avenue
51 and Avenue 52
Josepth Rivani
3470 Wilshire Blvd
Los Angeles, CA 90010
Under Review
GPA
CZ
TTM
EA
22-05
22-06
38577
22-06
Sevilla II
Proposed residential
development of 204 single
family residences on 39
acres,
West of Van Buren
Street and South of
Avenue 50 (APN 779-
280-002, 779-320-001)
Pulte Group
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
(760)578-9334
Under Review
AR 22-05 La Terraza
Mixed-Use with 2,302 sq. ft.
retail space on the first floor
and 1,583 sq. ft. on the 2nd
floor.
1562 6th Street William A Aguirre, PE
68207 Pasada Rd
Cathedral City, CA 92234
(951)204-1013
Under Review
AR 22-03 State Towing & Recovery
Metal shade cover
85220 Ave 50, Ste. 4 Statewide Emergency Services
623 S Waterman Ave
San Bernardino, CA 92408
(951) 682-9336
Under Review
AR 22-06 Eberhard Equipment
Installation of a freestanding
identification sign at 21’ high
sign. APN: 763-141-007
86100 Avenue 54 Eberhard Equipment No. 2
86100 Avenue 54
Coachella, CA 92236
PC approved 10/5/22
AR 22-07 Jordan Central
Proposed new 5,400 sq. ft.
commercial building with
86878 Ave 54 Chris Ellison
1280 Main Street
Brawley, CA 92227
Under Review
Item 18.
City of Coachella
Development Status Report
January 2023
17 parking lot and site
improvements.
(760) 344-3322
AR 21-13 Sunline Transit Hub
transit center for Line 111,
Line 91, Line 92, Line 95 and
will include a 540 sq. ft.
breakroom/office building,
three bus shelters, landscape
improvements
Southeast corner of
Cesar Chavez Street and
4th Street.
Sunline Transit Agency PC Approved 7/7/22
AR 22-08 Coachella Lakes RV Resort
Installation for main
monument, entrance
monument and building sign.
44800 Dillon Road Image Services, Inc.
2281 Lacrosse Ave, Ste. 501
Colton, CA 92324
909-370-4500
PC Approved 7/6/22
CUP 360 Taco Shop 760 Type 47 OnSale Alcohol48975 Grapefruit Blvd #3
83850 Corte Eclipse
Coachella, CA 92236
(760)969-9934
PC Approved 1/4/22
CUP 358 McDonalds Restaurant drive
through reconfiguration
50090 Cesar Chavez
Street
153 E City Place
Santa Ana, CA 92705
PC Approved 11/2/22
Item 18.
18 City of Coachella
Development Status Report
January, 2023
PC = Planning Commission
CC = City Council
Types = RS Single Family Residential, RM Multifamily Residential, CG Commercial General, NC Neighborhood Commercial MH Manufacturing Heavy, MS Manufacturing Service, MW Wrecking Yard, RE Residential Estate Status of Projects = Under Construction, Approved, Pending Approval Status of Maps = Constructed, Under Construction, Recorded, Approved Tentative, Pending Approval AR Architectural Review
CUP Conditional Use Permit
CZ Change of Zone
DA Development Agreement
EIS (EA) Environmental Initial Study (Environmental Assessment) GPA General Plan Amendment
PD Planned Development
TTM Tentative Tract Map or Tentative Subdivision Map
TPM Tentative Parcel Map
VAR Variance
Tentative Maps (Tract and Parcel) are approved for 2 years and may be extended an additional year three times upon approval of their request and payment of application fees.
Assembly Bill 1561 (AB1561) automatically grants an18-month extension to any Tentative Tract or Tentative Parcel Map that was valid between March 4, 2020 and 18 months after passage of the Bill.
Senate Bill (SB 1185) automatically grants a 12 month extension to any Tentative Tract or Tentative Parcel Map that was valid as of July 15, 2008 and will normally expire before January 1, 2011.
Assembly Bill 333 (AB333) automatically grants a 24 month extension to any Tentative Tract or Tentative Parcel Map that was valid as of July 15, 2009 and will normally expire before January 2, 2012.
Assembly Bill 208 (AB208) automatically grants a 24 month extension to any Tentative Tract or Tentative Parcel Map that was valid as of July 15, 2011 and will normally expire before January 1, 2014.
Item 18.
COACHELLA CITY FIRE DEPARTMENT
COACHELLA CITY
FIRE DEPARTMENT
MID YEAR ROPORT JULY 2006
I N S I D E T H I S I S S U E
1. 2.
Personnel Assignments
Response Reports
3. Administration Reports
COACHELLA CITY
FIRE DEPARTMENT
QUARTERLY REPORT OCTOBER - DECEMBER 2022
Item 18.
COACHELLA CITY FIRE DEPARTMENT
ADMINISTRATION
1377 SIXTH STREET
COACHELLA, CA 92236
(760) 398-8895
1. Battalion Chief – Justin Karp
2. Battalion Chief – Paul Heitzmann
3. Administrative Assistant – Marisa Duran
STATION 79
1377 SIXTH STREET
COACHELLA, CA 92236
(760) 398-8895
Engine Company 79
1. Fire Captain – Johnny Garcia
2. Fire Captain – Rodrigo Vega
3. Fire Captain – James Beckman
4. Fire Apparatus Engineer – Tommy Lemus
5. Firefighter Apparatus Engineer/Paramedic – Damian Sianez
6. Firefighter II/Paramedic – Tony Ippolito
7. Firefighter II/Paramedic – Daniel Lucido
8. Firefighter II/Paramedic – Matthew Rosenberger
YEAR E ND RE S P O N S E RE P O R T
O C T O B E R 1, 2 0 2 2 – D E C E M B E R 3 0 , 202 2
O C T O B E R N O V E M B E R D E C E M B E R Y T D
(C I T Y O F
C O A C H E L L A )
S T R U C T U R E F I R E S 2 0 3 1 8
C O M M E R C I A L F I R E S 0 0 0 2
O T H E R F I R E S 8 14 9 1 50
R I N G I N G /F A L S E
A L A R M S
34 43 24 308
M E D I C A L I N C I D E N T S 2 14 196 2 08 2 , 5 1 8
Item 18.
COACHELLA CITY FIRE DEPARTMENT
T R A F F I C C O L L I S I O N S 30 20 2 9 2 79
O T H E R I N C I D E N T S 8 1 8 7 1 16
T O T A L 2 96 281 280 3 , 3 9 1
R E S P ONS E TIME S
O C T O B E R N O V E M B E R D E C E M B E R Y T D
(C I T Y O F
C O A C H E L L A
A V E R A G E R E S P O N S E
T I M E S (M I N U T E S )
5.1 4 . 7 4. 6 4. 7
% O F C A L L S O N S C E N E
I N 5 M I N U T E S O R L E S S
6 2 % 65 % 6 7 % 6 4 %
Coachella Fire Department Response Totals
October - December 2022
Total of 857
Structure Fires - 1%
Commercial Fires - 0%
Other Fires - 5%
Ringing Alarms - 6%
Medical Incidents - 72%
Traffic Collisions - 11%
Other Incidents - 5%
Item 18.
COACHELLA CITY FIRE DEPARTMENT
SIGNIFICANT EVENT
10/10/22 – City firefighters responded to a reported commercial structure fire at Robertson Mobile Blasting at 54-050 Harrison Street. The first unit on scene reported a fire inside a metal sited building. Fire personnel found equipment inside the building on fire with extension to the building. There was no extension outside of the building. Avenue 54 was closed for approximately 45 minutes due to hose lines across the roadway. There were no injuries to fire personnel or civilians. The cause of the fire is under investigation. Total Loss: $100,000.00 Total Saved: $500,000.00
12/30/22 – Coachella Firefighters responded to a reported vehicle accident with fire at the Dillon Road and Interstate 10 offramp. With California Highway Patrol Officers at the scene, the first arriving Chief Officer discovered two full-size pick-up trucks that collided with each other, then collided with a Fuel Tank Trailer. The collision ruptured the diesel saddle tanks on the Fuel Tank and caused a spill on the roadway. Fortunately, the Fuel Tank Trailer was empty, and the spill was contained to less than 100 gallons. Two persons suffered moderate injuries and were transported to Desert Regional Medical Center via American Medical Response ground ambulance. Once the threat of fire was mitigated the incident was turned over to The Riverside County Environmental Health Department for mitigation. A traffic investigation has been assumed by the Riverside County Sherriff Department. (See photos below)
COMMUNITY
10/12/22 – The start of Coachella Fire Station #79’s Rehabilitation & Expansion Project. (See photos below)
Item 18.
COACHELLA CITY FIRE DEPARTMENT
10/19/22 – Division Chief Bryan White and Battalion Chief Justin Karp attended the Mayor’s State of the City Address held at Veterans Park. (See photos below) 11/5/22 – Coachella City Firefighters and Explorer Post 679 joined in the Run with Los Muertos event held on 6th Street. (See photos below)
Item 18.
COACHELLA CITY FIRE DEPARTMENT Page 410
Item 18.
COACHELLA CITY FIRE DEPARTMENT
12/7/22 & 12/9/222 – Coachella Firefighters were in the holiday spirit once again this year, delivering Santa Claus to both the City of Coachella Tree Lighting Ceremony and Holiday Parade. Our Fire Explorers hosted a s’more station during the parade passing out over 1,200 of these sweet treats to those in attendance. (See photos below)
Item 18.
COACHELLA CITY FIRE DEPARTMENT
ADMINISTRATION
Administration continues to keep busy scheduling business inspections/re-inspections as well as station tours and fire prevention presentations at various local schools/businesses. Clerical administration duties continue to audit and reconcile the station’s Data/Response Records as well as overhaul files and recordkeeping systems. Clerical administrative duties have continued to look for ways to improve office efficiency and customer service and looks forward to attending upcoming training sponsored by the County of Riverside. (See photos below)
Item 18.
COACHELLA CITY FIRE DEPARTMENT
FIRE PREVENTION
The Coachella Fire Department continues to assist the public with code inquiries; conducts hazard reduction inspections and assists Code Enforcement with issues within the city. In closing, our Engine Company personnel continue to conduct multiple inspections and reinspections helping keep local businesses up to code.
Item 18.
STAFF REPORT
1/25/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize City Manager to execute a Lease Agreement with Desert Recreation District for use of office space at City Hall.
STAFF RECOMMENDATION:
Authorize City Manager to execute a Lease Agreement with Desert Recreation District for use of office space at City Hall.
EXECUTIVE SUMMARY:
The City published a request for proposals for businesses interested in leasing the space vacated by the water cashiering services at City Hall and did not receive any responses. The City Council has approved City Hall leases to the following current tenants: the Greater Coachella Valley Chamber of Commerce, Consejo De Federaciones Mexicanas En Norteamerica (COFEM), LGBT Community Center of the Desert and Kounkuey Design Initiative, Inc. (KDI).
The Desert Recreation District (DRD) is currently leasing 264 square feet of office space at the City Hall facility and have requested to relocate and expand their presence in the downtown by leasing this available office space. By being provided a lease for this space DRD will be able to have regular office hours in the downtown, allowing for program registration and other services to be centrally available to our residents. The available office space will accommodate the needs of the DRD and allow their organization to expand their services presence in Coachella; the lease details are highlighted below:
Term = three years; February 1, 2023 – January 31, 2026 Utilities = to be paid by Lessee for said property; with the exception of the following:
alarm, water, sewer, trash and electric.
Maintenance/Janitorial = to be completed by Lessee for said property. Insurance = to be provided by Lessee for said property. Monthly Rent = $0.45 per square foot (1705 square feet) = $767.25 FISCAL IMPACT:
The recommended action would have a positive fiscal impact of $9,212.40 annually.
Attachments: Proposed Lease
Item 19.
1 | P a g e
LEASE AGREEMENT
BETWEEN THE CITY OF COACHELLA AND
DESERT RECREATION DISTRICT
THIS LEASE AGREEMENT (the "Lease") is made as of January 25, 2023 by and between THE CITY OF COACHELLA, a California municipal corporation (the "Lessor"), and the DESERT RECREATION DISTRICT, a Public Agency and Special District organization (the "Lessee"), with reference to the following facts:
RECITALS
A. The Lessor owns a civic building located at City Hall 1515 Sixth Street, Coachella, CA 92236, which is described in Exhibit A and totals 9,589 square feet (the “Building”).
B. Lessee desires to lease 1705 square feet of the Building (the “Premises”) from the Lessor, described in more detail in Exhibit “A” for purposes of providing recreation services and programs to residents of the City of Coachella and for all activities incidental or necessary to accomplish said purpose.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
1. Recitals. Lessor and Lessee acknowledge the Recitals set forth above which are incorporated herein by this reference together with the Exhibits attached hereto.
2. Leasehold. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental and upon the conditions set forth herein. Lessee accepts the Premises, including the appurtenant improvements, structures, and facilities, if any, in "AS IS" condition.
3. Premises. The Premises described in Exhibit A amount to an area of approximately 1705 square feet. Upon execution of this Lease, Lessor grants to Lessee the right to survey the Premises (the "Survey") and such Survey, if performed, shall replace Exhibit B as the description of the Premises.
4. Term of Lease. The original term of the Lease shall be for a three (3) year period commencing on February 1, 2023 and terminating on January 31, 2026 (the "Term").
Item 19.
2 | P a g e
5. Rent. Term Minimum Annual Rent. During the Term of this Lease, Lessee shall pay to Lessor monthly rent in the sum of Seven Hundred Sixty Seven Dollars and Twenty Five Cents ($767.25). Lessee shall pay Lessor all sums due for monthly rent without deduction, set off, prior notice, or demand, in advance of the 1
st day of each month and continuing
through the term of this Lease.
5.1 Where to Pay Rent. All rent shall be paid to Lessor at the address specified below in Section 19.
6. Utilities, Maintenance and Insurance.
a) Utilities. Lessee shall make all arrangements for and shall pay for all utilities, with the exception of: electricity, trash, water, sewer and alarm system for the Premises. b) Maintenance. Lessee shall provide all maintenance and repairs, at Lessee’s sole cost and expense, to keep the Premises in good order and condition, including any improvements approved by the Lessor to be constructed and/or installed by the Lessee during the term of this Lease. Lessee agrees to maintain the leased premises in the same condition as when received, wear and tear in the usual and ordinary operation by Lessee; provided Lessor agrees to repair and maintain all exterior walls, the roof and other structural portions of the building, except for damages caused by Lessee, its officers, agents and patrons of the Desert Recreation District. Lessor further agrees to: maintain and keep in good working condition the heating and cooling system including normal servicing and preventative maintenance.
c) Insurance. All insurance carried by Lessee shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. Lessee shall carry and maintain, during the entire term thereof, at Lessee's sole cost and expense, the following types of insurance in the amounts specified and in the form provided for in this section:
i. General Liability Insurance. Broad-form comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) each occurrence, insuring against any and all liability of Lessee with respect to the Premises or arising out of the maintenance, use or occupancy thereof, and property damage liability insurance with a limit of not less than One Million Dollars ($1,000,000) each accident, or One Million Dollars ($1,000,000) combined single limit.
Item 19.
3 | P a g e
ii. Property Insurance. Lessee shall obtain and maintain in force a policy or policies of insurance in the name of Lessee, with any loss payable to Lessee, and any lender of Lessor insuring against loss or damage to the improvements on the Premises, including, without limitation, any improvements installed or constructed by Lessee. The amount of such insurance shall be equal to the full insurable replacement cost of such improvements, as the same shall exist from time to time, or the amount required by any lender of Lessor, but in no event more than the commercially reasonable and available insurance value thereof. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct loss or physical damage (except the perils of flood and earthquake unless required by a lender of Lessor). If such insurance coverage has a deductible clause, the deductible amount shall not exceed 'the amount permitted by a lender of Lessor. In the event any casualty results in damage to the improvements on the Premises which are the property of Lessor (and not constructed or installed by Lessee in accordance with the provisions hereof), Lessee shall either (i) use the proceeds of insurance to cause the restoration of such property of Lessor or (ii) pay or cause payment to Lessor or any lender of Lessor in an amount of the proportionate share of insurance proceeds attributable to damage to such property of Lessor. iii. Delivery of Certificate of Insurance. Lessee shall deliver to Lessor certificates of insurance evidencing the insurance procured by Lessee, which certificates shall name Lessor as an additional insured together with any lender of Lessor. The Certificates of Insurance shall be delivered by Lessee to Lessor at the time of the execution of the Lease and shall be monitored regularly.
iv. Notice of Cancellation. All insurance p o l i c i e s s h a ll contain a provision that such policies shall not be canceled or terminated without thirty (30) days' prior notice from the insurance company to Lessor.
Lessee agrees that on or before thirty (30) days prior to expiration of any insurance policy, Lessee will deliver to Lessor written notification in the form of a receipt or other similar document from the applicable insurance company that said policy or policies have been renewed, or deliver certificates of coverage from another good and solvent insurance company for such coverage.
7. Use. Lessee shall use and occupy the Premises for purposes of providing recreational services and programs and for all activities incidental or necessary to accomplish said purpose, and for no other purpose. Lessee shall not use the Premises for the purposes of
Item 19.
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storing, manufacturing or selling any inherently dangerous substance, chemical, thing, or device.
8. Janitorial Services. The Lessee agrees to provide at its sole cost and expense janitorial services for the leased Premises.
9. Hazardous Substances and Hazardous Materials.
a) Defined. For purposes of this Lease, the term "Hazardous Substances" shall be as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq., and any regulations promulgated pursuant thereto, and as used to define "Hazardous Wastes" in the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., and any regulations promulgated thereto, or as may be identified or defined by any federal, state or local law or regulation.
b) Prohibition and Indemnity. Lessee shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Substances or Hazardous Wastes in any manner not sanctioned by law. In all events, Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) (collectively "Claims") from the presence or release of any Hazardous Substances or Hazardous Wastes on the Premises if caused by Lessee or persons acting under Lessee. The foregoing indemnity shall apply regardless of whether or not any such Claims are contributed to by the negligence or fault of the indemnified party, by the violation of any law, statute or regulation by the indemnified party, and even if the indemnified party is strictly liable therefore. However, in the event of such contributory negligence or other fault of the indemnified party, then the indemnified party shall not be indemnified hereunder in the proportion that the indemnified party’s negligence or other fault caused any such Claims. Lessee shall execute such affidavits, representations or other documents from time to time as Lessor may reasonably request concerning Lessee's best knowledge and belief as to the presence of Hazardous Substances or Hazardous Wastes on the Premises. This paragraph shall survive the termination of this Lease.
10. Improvements.
a) Consent of Lessor. Lessee shall not construct or make any installations, additions, improvements or alterations in or to the Premises, without the prior written